Court of Appeal for Ontario
Date: 2017-07-07 Docket: C63136
Judges: Weiler, Hourigan and Pardu JJ.A.
In the Matter of: Melville Ince
An Appeal Under Part XX.1 of the Code
Counsel:
- Erin Dann, for the appellant
- Rachel Young, for the respondent
Heard and Released Orally: July 6, 2017
On Appeal Against: The disposition of the Ontario Review Board dated November 29, 2016.
Reasons for Decision
[1] The Board was not acting unreasonably when it rejected the request to impose a hybrid order. There was evidence before the Board that the necessary and appropriate disposition was secure detention: namely, the treatment team's unanimous opinion, with which the Hospital concurred.
[2] The Board was entitled, and obliged, to come to its own conclusions on the appropriate level of security for the appellant. By placing the appellant in a secure unit, the Board retained the ability to decide when he was ready to transfer. It was reasonable for the Board to take this approach, instead of delegating the decision to the hospital, when the evidence was inconsistent as to whether and when during the subsequent year the appellant would be ready for a transfer.
[3] Accordingly, the appeal is dismissed.
K.M. Weiler J.A. C.W. Hourigan J.A. G. Pardu J.A.