Court of Appeal for Ontario
Date: 2019-06-17 Docket: C66284
Judges: Doherty, Watt and Pardu JJ.A.
In the Matter of: Abdirasak Hassan
An Appeal Under Part XX.1 of the Code
Counsel:
- Anita Szigeti, for the appellant
- Lorna Bolton, for the Crown
- Gavin S. MacKenzie, for the Person in Charge of the Centre for Addiction and Mental Health
Heard: June 14, 2019
On appeal against the disposition of the Ontario Review Board dated November 29, 2018.
Appeal Book Endorsement
[1] The appellant appeals from a hybrid disposition ordered by the Ontario Review Board.
[2] A single ground of appeal is advanced on the appellant's behalf. That ground is that the Board failed to consider the appellant's liberty interest when imposing a detention order requiring detention on the Secure Forensic Unit with a discretion to transfer to the General Forensic Unit rather than immediate transfer to the General Forensic Unit.
[3] In our view, this argument cannot prevail. We are satisfied that reading the reasons of the Board as a whole, they were faithful to the requirements imposed on them by Pinet v. St. Thomas Psychiatric Hospital, [2004] 1 S.C.R. 528, 2004 SCC 21, at para. 19.
[4] The appeal is dismissed.