Dartiguenave (Re)
The appeal is dismissed because Mr. Dartiguenave is no longer under the jurisdiction of the Ontario Review Board and cannot be located, removing the live controversy required to proceed.
Source-derived case information.
- Citation
- 2025 ONCA 285
- Parties
- Subject: Pierre Dartiguenave; Appellant: Crown; Respondent: Attorney General of Ontario; Respondent: Waypoint Centre for Mental Health Care; Amicus: Russell Browne
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 April 2025
- Procedural Posture
- Criminal — Part Xx.1 Appeal (ontario Review Board) / On Appeal to Court of Appeal; Decision Orally Released
- Outcome
- Appeal dismissed.
- Legal Topics
- Ontario Review Board, Part Xx.1 of the Criminal Code, Jurisdiction, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pierre Dartiguenave
Subject
Crown
Appellant
Attorney General of Ontario
Respondent
Waypoint Centre for Mental Health Care
Respondent
Russell Browne
Amicus
Procedural Posture
Criminal — Part Xx.1 Appeal (ontario Review Board) / On Appeal to Court of Appeal; Decision Orally Released
Legal Issues
- 1 Whether Mr. Dartiguenave remains under the jurisdiction of the Ontario Review Board
- 2 Whether the appeal should be dismissed because the subject cannot be located and is not under ORB jurisdiction
- 3 Appropriate disposition when the subject of the appeal is absent and unlocatable
Ratio Decidendi
The appeal is dismissed because Mr. Dartiguenave is no longer under the jurisdiction of the Ontario Review Board and cannot be located, removing the live controversy required to proceed.
Court Disposition
Appeal dismissed.
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Dartiguenave (Re) Collection Decisions of the Court of Appeal Date 2025-04-15 Neutral citation 2025 ONCA 285 Docket numbers COA-24-CR-1092 Judges Miller, Bradley; Zarnett, Benjamin; Madsen, Lene Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Dartiguenave (Re), 2025 ONCA 285 DATE: 20250415 DOCKET: COA-24-CR-1092 Miller, Zarnett and Madsen JJ.A. IN THE MATTER OF: Pierre Dartiguenave AN APPEAL UNDER PART XX.1 OF THE CODE Russell Browne, appearing as amicus curiae Eunwoo Lee, for the respondent Attorney General of Ontario James Thomson, for the respondent Waypoint Centre for Mental Health Care Heard and released orally: April 10, 2025 On appeal from the disposition of the Ontario Review Board dated, September 6, 2024, with reasons dated October 4, 2024. REASONS FOR DECISION [1] The Crown asks that this appeal be dismissed on the basis that Mr. Dartiguenave is no longer under the jurisdiction of the ORB. [2] Mr. Dartiguenave is not present and cannot be located. [3] The appeal is dismissed. “B.W. Miller J.A.” “B. Zarnett J.A.” “L. Madsen J.A.”