Mr. Robertson, an accused under the jurisdiction of the Ontario Review Board (Board) and detained at Waypoint Centre for Mental Health Care, applied for a writ of habeas corpus with certiorari in aid.
He challenged the use of the Acute Risk of Violence Scale (ARVS) by Waypoint staff, alleging Charter violations and seeking various remedies including damages, injunctions, and orders for employee termination or police investigation.
The Superior Court, sitting as a criminal court on a habeas corpus application, determined it lacked jurisdiction to grant most of the civil remedies sought.
It affirmed that the Ontario Review Board is a court of competent jurisdiction for Charter remedies related to conditions of detention, and is the more appropriate forum for such issues, except for costs.
The court found no basis to award costs against the Crown.
Consequently, Mr. Robertson's application was dismissed.
