Court File and Parties

Court: COURT OF APPEAL FOR ONTARIO Date: 2022-12-13 Docket: C70712

Judges: Huscroft, Coroza and Sossin JJ.A.

In the Matter of: Roger Anthony Guppy

An Appeal Under: Part XX.1 of the Code

Counsel: Jeff Marshman, appearing as amicus curiae Kevin Pitt, for the respondent Crown Gavin Mackenzie, for the respondent Ontario Shores Centre for Mental Health Sciences

Heard and released orally: December 2, 2022

On appeal against: the disposition of the Ontario Review Board dated, May 2, 2022.

Reasons for Decision

[1] The appellant aided by Amicus Curiae argues that the Board erred in ordering that he be detained in a secure forensic unit rather than being subject to a hybrid order which would permit the hospital to determine whether placement would be in a general or secure unit.

[2] We do not agree.

[3] It is not contested that the appellant remains a significant threat to public safety. The Board’s order is supported by the evidence of Dr. Harkell who is clear that there was a very high risk of absconding and that it was unlikely that the appellant would reach the point where the risk was manageable in the reporting year. In these circumstances we are satisfied that the Board’s disposition was reasonable.

[4] The appeal is dismissed.

"Grant Huscroft J.A."

"S. Coroza J.A."

"L. Sossin J.A."