Court of Appeal for Ontario
Date: 2019-08-26 Docket: C66538
Judges: Watt, Pepall and Huscroft JJ.A.
In the Matter of: Kevin Luangchaleun
An Appeal Under Part XX.1 of the Code
Counsel:
- Andrew Menchynski, for the appellant
- Nicole Rivers, for the Crown
- No one appearing for the Person in Charge of Ontario Shores Centre for Mental Health Sciences
Heard: August 23, 2019
On appeal against the disposition of the Ontario Review Board dated September 14, 2018.
Appeal Book Endorsement
[1] The appellant appeals from the September 14, 2018 disposition of the Board, pursuant to which he was detained at Ontario Shores Centre for Mental Health Sciences. The sole issue on appeal is whether the Board erred in law or acted unreasonably in declining to impose a conditional discharge.
[2] The appellant suffers from Schizoaffective Disorder. The Board found that he has no insight into his condition and would not return to hospital if requested to do so. Moreover, he has a recurring pattern of medication noncompliance and substance abuse, which ultimately requires readmission to hospital in order to protect the public. His treating psychiatrist, Dr. Hill, testified that a detention order was necessary in order to permit the Hospital to approve housing for the appellant and to readmit him quickly in the event of deterioration.
[3] We see no error in the Board's decision, nor can the Board's decision be impugned as unreasonable. It is well established that the need to supervise housing and readmit quickly if necessary are relevant considerations in determining whether a conditional discharge is appropriate.
[4] The appellant's next annual review is scheduled for September 24, 2019. The appropriateness of a conditional discharge can be revisited at that hearing, in light of the changes since the 2018 disposition.
[5] The appeal is dismissed.