Abdulle (Re)
The Court concluded the Ontario Review Board acted within its discretion in accepting the expert opinion on risk and in relying on evidence concerning security and privileges at the receiving facility; the Board's decision was reasonable and the appeal was dismissed.
Source-derived case information.
- Citation
- 2015 ONCA 209
- Parties
- Appellant: Abdirahaman Abdulle; Respondent: Ministry of the Attorney General; Respondent: Centre for Addiction and Mental Health
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 March 2015
- Procedural Posture
- Criminal / Appeal Under Part Xx.1 of the Criminal Code From an Ontario Review Board Disposition
- Outcome
- Appeal dismissed.
- Legal Topics
- Detention Review, Risk Assessment, Expert Evidence, Transfer Between Secure Facilities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdirahaman Abdulle
Appellant
Ministry of the Attorney General
Respondent
Centre for Addiction and Mental Health
Respondent
Procedural Posture
Criminal / Appeal Under Part Xx.1 of the Criminal Code From an Ontario Review Board Disposition
Legal Issues
- 1 Whether the Ontario Review Board could properly accept the opinion of Dr. McDonald regarding inevitability of further violence if appellant remained in a medium secure facility
- 2 Whether evidence supported findings about enhanced security and potential for more privileges at the proposed receiving facility (Waypoint)
- 3 Whether the Board's reliance on the available evidence was reasonable
Ratio Decidendi
The Court concluded the Ontario Review Board acted within its discretion in accepting the expert opinion on risk and in relying on evidence concerning security and privileges at the receiving facility; the Board's decision was reasonable and the appeal was dismissed.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Abdulle (Re) Collection Decisions of the Court of Appeal Date 2015-03-27 Neutral citation 2015 ONCA 209 Docket numbers C59218 Judges Simmons, Janet M.; Juriansz, Russell G.; van Rensburg, Katherine Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Abdulle (Re), 2015 ONCA 209 DATE: 20150327 DOCKET: C59218 Simmons, Juriansz and van Rensburg JJ.A. IN THE MATTER OF: Abdirahaman Abdulle AN APPEAL UNDER PART XX.1 OF THE CODE Dean F. Embry, for the appellant Michael Medeiros, for the respondent Ministry of the Attorney General Michele Warner, for the respondent Centre for Addiction and Mental Health Heard and released orally: March 13, 2015 On appeal against the disposition of the Ontario Review Board dated August 14, 2014. ENDORSEMENT [1] It was open to the Ontario Review Board to accept Dr. McDonald's opinion that further violence was inevitable if the appellant remained in a medium secure facility. Dr. McDonald's report addressed the issue of risk as well as the issue of criminal responsibility. His letter of opinion was placed before the Board on consent. Even Dr. Cohen acknowledged that in the absence of a medication change, the appellant's presence in the medium secure facility was a very risky situation for the hospital staff. [2] As for the question of whether there would be enhanced security and the potential for more privileges at Waypoint, there was some evidence on both these issues before the Board. It was not unreasonable for the Board to rely on that evidence. [3] The appeal is dismissed. “Janet Simmons J.A.” “Russell Juriansz J.A.” “K. van Rensburg J.A.”