Court of Appeal for Ontario

Date: 2020-02-28 Docket: C67176

Judges: Watt, Pardu and Roberts JJ.A.

In the Matter of: Mwafak Hannora

An Appeal Under Part XX.1 of the Code

Counsel: Andrew Menchynski, for the appellant Gavin MacDonald, for the respondent, Attorney General of Ontario No one appearing for the respondent, the Person in Charge of Ontario Shores Centre for Mental Health Sciences

Heard and released orally: February 25, 2020

On appeal against the disposition of the Ontario Review Board, dated April 17, 2019.

Reasons for Decision

[1] In our view, the reasons of the Board are manifestly insufficient to permit meaningful appellate review.

[2] The reasons do not reveal that the Board engaged in any meaningful way with the issues of conditional discharge or expansion of the community passes to up to 72 hours.

[3] In the result, we remit the matter to the Board, differently constituted, to conduct a new hearing to consider, among other issues, whether a conditional discharge or expanded community privileges should be imposed or included in the disposition. This new hearing should be held as expeditiously as possible, preferably in advance of the next scheduled annual review. The current disposition shall remain in effect until that time.

"David Watt J.A."

"G. Pardu J.A."

"L.B. Roberts J.A."