Court File and Parties
Court of Appeal for Ontario Date: 2024-04-02 Docket: COA-23-CR-1007
Before: Simmons, Hourigan and Paciocco JJ.A.
In the Matter of: Alexander Chang
An Appeal Under: Part XX.1 of the Code
Counsel: Anita Szigeti, for the appellant Akshay Aurora, for the respondent, the Attorney General of Ontario Leisha Senko, for the respondent, the Person in Charge of the Centre for Addiction and Mental Health
Heard and released orally: March 27, 2024
On appeal against: the disposition of the Ontario Review Board, dated August 18, 2023.
Reasons for Decision
[1] The obligation of the Ontario Review Board in this case was to impose the least onerous and the least restrictive disposition. In declining to implement the joint submission for a detention order subject to conditions with community living privileges without considering less onerous alternatives, the Board failed to carry out its obligation.
[2] Accordingly, we order that the agreed upon joint submission be implemented with the additional condition that the matter be returned before the Board in three months to assess the appellant’s compliance with the conditions and the appropriate disposition at that time.
"Janet Simmons J.A." "C.W. Hourigan J.A." "David M. Paciocco J.A."