Court of Appeal for Ontario

Date: 2017-11-10 Docket: C63545

Judges: Watt, Brown and Roberts JJ.A.

In the Matter of: Kenneth Colaco

An Appeal Under Part XX.1 of the Criminal Code

Counsel

For the Appellant Kenneth Colaco: Daniel Medd

For the Ministry of the Attorney General: Karen Shai

For Centre for Addiction and Mental Health: Michele Warner

Hearing and Appeal

Heard: November 3, 2017

On Appeal From: The disposition of the Ontario Review Board dated February 6, 2017.

Reasons for Decision

[1] The appellant appeals from the disposition of the Ontario Review Board, dated February 6, 2017.

[2] The appellant raises a single issue on his appeal. He contends the Board erred by adding the requirement of "24-hour-a-day" supervision to what he contends was a joint submission at the hearing recommending the inclusion of a supervised community accommodation condition.

[3] We see no merit in this submission. The hearing transcript reveals counsel for CAMH proposed a housing clause in which the living environment would replicate the features of the appellant's then unit at CAMH with 24-hour staff supervision, locked door and staff specifically trained to address the appellant's unique needs and risks. The appellant's counsel supported CAMH's proposed housing clause.

[4] Accordingly, the resulting disposition of the Board incorporating the requirement for "24-hour-a-day" supervision did not mark a departure from the parties' joint submission. On the contrary, it accepted their joint submission.

[5] The appeal is dismissed.

[6] In light of this disposition, we see no need to deal with the fresh evidence CAMH seeks to admit.

David Watt J.A.

David Brown J.A.

L.B. Roberts J.A.