COURT OF APPEAL FOR ONTARIO

CITATION: Amero (Re), 2020 ONCA 370

DATE: 20200611

DOCKET: C67668

Pepall, Hourigan and Roberts JJ.A.

IN THE MATTER OF: Klayton Amero

AN APPEAL UNDER PART XX.1 OF THE CODE

Anita Szigeti, for the appellant

Samuel Greene, for the respondent, the Attorney General of Ontario

No one appearing for the respondent, Person in Charge of St. Joseph’s Healthcare Hamilton

Heard: in writing

On appeal against the disposition of the Ontario Review Board dated October 30, 2019.

REASONS FOR DECISION

[1] Klayton Amero appeals from the Ontario Review Board’s most recent disposition that continues his detention on a secure forensic unit[^1] at St. Joseph’s Healthcare in Hamilton. Mr. Amero submits that the Board erred in finding that he represents a significant risk to the safety of the public and seeks an absolute discharge.

[2] We see no error in the Board’s disposition. The record amply supported the Board’s conclusion that Mr. Amero continued to present a significant risk to the safety of the public. The detention order made by the Board was the least onerous and restrictive disposition in Mr. Amero’s circumstances.

[3] On November 10, 2017, Mr. Amero was found not criminally responsible (“NCR”) by reason of mental disorder for the theft of a bag of potato chips and other items from a dollar store and failure to comply with a probation order. Since then, he has resided in a forensic hospital setting. He has a serious acquired brain injury with complicated psychiatric issues and addictions. His psychiatric history dates to 2004 and has resulted in multiple hospital admissions. He is 32 years old. His psychiatric diagnosis is psychotic disorder, neurocognitive disorder, as well as cannabis, opioid and alcohol use disorders, which exacerbate his psychosis. He disputes his mental illness and need for medication.

[4] Mr. Amero has a history of violence and aggression. In 2006, he assaulted his father and fractured his wrist. He assaulted his stepfather while on interim judicial release. While the index offence was not violent, Mr. Amero’s criminal record includes convictions for intimidation of justice system participants, uttering threats and assault. During his NCR detention, Mr. Amero has exhibited ongoing aggressive and threatening behaviours. While there has been encouraging improvement, in the year under review, Mr. Amero made threats to kill and harm staff and continues to be aggressive towards other patients.

[5] The Board met its inquisitorial duties to apply and interpret s. 672.54 of the Criminal Code, R.S.C. 1985, c. C-46, and determine whether the appellant poses a significant threat to public safety. We do not accept Mr. Amero’s submissions that the Board applied an incorrect test or required him to demonstrate that he was not a significant risk to public safety. We see no basis to intervene.

[6] Accordingly, we dismiss the appeal.

“S.E. Pepall J.A.”

“C.W. Hourigan J.A.”

“L.B. Roberts J.A.”

[^1]: The Board’s reasons stipulate that Mr. Amero’s detention would be in the “Forensic Psychiatric Program”. In its factum, the Attorney General advises that the Board has indicated its intention to issue an amended disposition to correct this error.