Wakeling (Re)
The Court dismissed the appeal and held that the subsequently provided reasons of the trial judge, received with the respondents' consent, did not change the legal or factual basis for dismissing the appeal from the Ontario Review Board.
Source-derived case information.
- Citation
- 2017 ONCA 537
- Parties
- Appellant: Andrew Wakeling; Respondent: The Person in Charge of the Centre for Addiction and Mental Health; Respondent: The Attorney General of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 June 2017
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code / Court of Appeal Hearing on Appeal From the Ontario Review Board (disposition Dated October 31, 2016)
- Outcome
- Appeal dismissed
- Legal Topics
- Insanity/mental Disorder Review, Review Board Appeal, Stay of Proceedings, Record Completeness and Late Disclosure of Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Wakeling
Appellant
The Person in Charge of the Centre for Addiction and Mental Health
Respondent
The Attorney General of Ontario
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code / Court of Appeal Hearing on Appeal From the Ontario Review Board (disposition Dated October 31, 2016)
Legal Issues
- 1 Whether the Court should overturn the Ontario Review Board's disposition under Part XX.1
- 2 Whether the trial judge's reasons, provided after the appeal was argued, affect the outcome
- 3 Whether counsel's factual inferences drawn from an incomplete record justify appellate relief
Ratio Decidendi
The Court dismissed the appeal and held that the subsequently provided reasons of the trial judge, received with the respondents' consent, did not change the legal or factual basis for dismissing the appeal from the Ontario Review Board.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Wakeling (Re) Collection Decisions of the Court of Appeal Date 2017-06-28 Neutral citation 2017 ONCA 537 Docket numbers C63037 Judges Strathy, George R.; Benotto, Mary Lou; Miller, Bradley Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Wakeling (Re), 2017 ONCA 537 DATE: 20170628 DOCKET: C63037 Strathy C.J.O, Benotto and Miller JJ.A. IN THE MATTER OF: ANDREW WAKELING AN APPEAL UNDER PART XX.1 OF THE CODE Daniel F. Moore and Taufiq Hashmani, for the appellant Gavin S. MacKenzie, for the respondent, The Person in Charge of the Centre for Addiction and Mental Health Peter Fraser, for the respondent, The Attorney General of Ontario Heard: June 20, 2017 On appeal against the disposition of the Ontario Review Board, dated October 31, 2016. ADDENDUM [1] After these reasons were prepared and signed, but before they were released, the court received correspondence from counsel for Mr. Wakeling. It was sent with the consent of the respondents. [2] The correspondence attached the reasons for the ruling of July 31, 2014, which stayed the criminal harassment charge against Mr. Wakeling. In that ruling, French J. described the evidence in detail, including the effect of the offence on the victim, the assessment of Mr. Wakeling under the Mental Health Act, R.S.O. 1990, c. M.7, and the Pre-Sentence Report. [3] Counsel for Mr. Wakeling advised that he did not have a copy of these reasons when the appeal was argued and they were not part of the record before the Board. He acknowledged that “The attached decision significantly undermines many of the arguments I made [during the appeal] and some of the factual inferences I had drawn based on the record as I knew it then were incorrect.” [4] We thank counsel for bringing this to our attention. The reasons of the trial judge do not change our reasons for dismissing the appeal. “G.R. Strathy C.J.O.” “M.L. Benotto J.A.” “B.W. Miller J.A.”