Court of Appeal for Ontario

Date: 2025-06-19
Docket: C70354

Before:
Peter Lauwers, David M. Paciocco, Benjamin Zarnett JJ.A.

In the Matter of: Donald Snoek

An Appeal under Part XX.1 of the Criminal Code

Appearances:
Anita Szigeti, for the appellant
Keith Garrett, for the respondent Attorney General of Ontario
Lisha Senko, for the respondent Person in Charge of the Centre for Addiction and Mental Health

Heard and released orally: November 25, 2022

On appeal against the disposition of the Ontario Review Board dated January 27, 2022, with reasons dated February 18, 2022.

Reasons for Decision

[1] The appellant concedes that he remains a significant risk to public safety. However, he argues that the risk he poses can be adequately managed by a conditional discharge despite his refusal to take medication at the prescribed dose, his refusal to agree to a long-acting medication which would provide a good signal to the hospital when decompensation might be imminent, his penchant for illegal drug taking, and his record of a single instance of fire setting.

[2] On the record, there is simply no air of reality to a conditional discharge disposition for the appellant at this time. The Review Board actively considered such a disposition and rejected it.

[3] Although we were asked to consider how conditions not raised at the Board might be crafted and how they might work, that is not our function. Those submissions are better made by the appellant at the next hearing when the Board can address them based on evidence and actual requests for conditions.

[4] The appeal is dismissed.

“P. Lauwers J.A.”
“David M. Paciocco J.A.”
“B. Zarnett J.A.”