Magee (Re)
The Board's conclusion that public safety would be compromised unless Waypoint's maximum security regime could be replicated at the receiving hospital was reasonable; therefore the Court dismissed the appeal.
Source-derived case information.
- Citation
- 2018 ONCA 300
- Parties
- Appellant: Christian Magee; Respondent: Ministry of the Attorney General; Respondent: Person in Charge, Waypoint Centre for Mental Health Care
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 March 2018
- Procedural Posture
- Criminal Mental Disorder / Part Xx.1 Ontario Review Board Appeal / Appeal to Court of Appeal From Ontario Review Board Disposition Dated April 12, 2017
- Outcome
- Appeal dismissed
- Legal Topics
- Review of Ontario Review Board Decision, Reasonableness Standard, Transfer of Accused Between Hospitals, Security Regime Replication, Independent Psychiatric Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christian Magee
Appellant
Ministry of the Attorney General
Respondent
Person in Charge, Waypoint Centre for Mental Health Care
Respondent
Procedural Posture
Criminal Mental Disorder / Part Xx.1 Ontario Review Board Appeal / Appeal to Court of Appeal From Ontario Review Board Disposition Dated April 12, 2017
Legal Issues
- 1 Whether the Ontario Review Board's decision refusing transfer was unreasonable
- 2 Whether transfer would compromise public safety absent replication of Waypoint's maximum security regime
- 3 Whether a further assessment by someone not on the treatment team was required and appropriate location for such assessment
Ratio Decidendi
The Board's conclusion that public safety would be compromised unless Waypoint's maximum security regime could be replicated at the receiving hospital was reasonable; therefore the Court dismissed the appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Ontario Review Board disposition dated April 12, 2017 is upheld
Full Case Text
Judgment text and source record
1 paragraphs
Magee (Re) Collection Decisions of the Court of Appeal Date 2018-03-26 Neutral citation 2018 ONCA 300 Docket numbers C63766 Judges Doherty, David H.; Rouleau, Paul S.; Miller, Bradley Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Magee (Re), 2018 ONCA 300 DATE: 20180326 DOCKET: C63766 Doherty, Rouleau and Miller JJ.A. IN THE MATTER OF: CHRISTIAN MAGEE AN APPEAL UNDER PART XX.1 OF THE CODE Dean Embry, for the appellant Carmen Elmasry, for the Ministry of the Attorney General Janice Blackburn, for the Person in Charge, Waypoint Centre for Mental Health Care Heard: March 22, 2018 On appeal against the disposition of the Ontario Review Board dated, April 12, 2017. APPEAL BOOK ENDORSEMENT [1] The appellant and the Hospital, Waypoint, argued that the Board’s decision is unreasonable. We disagree. The Board concluded that public safety would be compromised if the appellant was transferred, unless the maximum security regime at Waypoint could be effectively replicated at the hospital to which the appellant was transferred to. Were that to be done, there would seem to be no value in the transfer. [2] We note that a possibility of a further assessment by someone who is not part of the treatment team remains, even though we are told Dr. Bradford has left Waypoint. The appellant’s annual hearing is scheduled for early April. He or the Hospital may, if so advised, make submissions with respect to a further assessment and the appropriate location for that assessment. [3] The appeal is dismissed.