Court of Appeal for Ontario
Date: 2018-10-25 Docket: C65059
Judges: Doherty, Brown and Trotter JJ.A.
In the Matter of: Nabil Daya
An Appeal Under Part XX.1 of the Code
Counsel:
- Erin Dann and Geocelyne Meyers, for the appellant
- Jennifer Epstein, for the respondent, Her Majesty the Queen
Heard: October 22, 2018
On appeal against the disposition of the Ontario Review Board dated January 26, 2018 and amended disposition of the Ontario Review Board dated February 26, 2018.
Appeal Book Endorsement
[1] This was a close case. The Board is charged with the responsibility of making these difficult decisions. The Court will interfere only if the order falls outside of the range of orders that could reasonably be made having regard to the totality of the evidence and the Board's expertise.
[2] In this case, the treating psychiatrist was concerned about the appellant's lack of initiative in addressing his medical needs and absence of any real insight into his condition. In his view, some oversight by the hospital was necessary to prevent the appellant from falling away from treatment and once again, as he did when he committed the index offence, presenting a very significant risk of serious harm to the public.
[3] In our view the Board, acting reasonably could accept that evidence and make the order that it did.
[4] The appeal must be dismissed.