O'Donnell (Re)
On the record before it the Review Board was not obliged to make further inquiries, there was no treatment impasse, and the Board's disposition was the least onerous and least restrictive available; therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2015 ONCA 882
- Parties
- Appellant: Frederick O'Donnell; Respondent: Attorney General of Ontario; Respondent: Waypoint Centre for Mental Health
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 December 2015
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code (mental Disorder/forensic) / Appeal From Ontario Review Board Disposition Dated January 22, 2015
- Outcome
- Appeal dismissed
- Legal Topics
- Review Board Disposition, Least Onerous/least Restrictive Disposition, Treatment Impasse, Inquisitorial Mandate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frederick O'Donnell
Appellant
Attorney General of Ontario
Respondent
Waypoint Centre for Mental Health
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code (mental Disorder/forensic) / Appeal From Ontario Review Board Disposition Dated January 22, 2015
Legal Issues
- 1 Whether the Ontario Review Board was obliged to make further inquiries beyond the record
- 2 Whether a treatment impasse existed
- 3 Whether the Board's disposition was the least onerous and least restrictive available
Ratio Decidendi
On the record before it the Review Board was not obliged to make further inquiries, there was no treatment impasse, and the Board's disposition was the least onerous and least restrictive available; therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
O'Donnell (Re) Collection Decisions of the Court of Appeal Date 2015-12-23 Neutral citation 2015 ONCA 882 Docket numbers C60675 Judges Doherty, David H.; Pepall, Sarah E.; Tulloch, Michael H. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: O'Donnell (Re) 2015 ONCA 882 DATE: 20151211 DOCKET: C60675 Doherty, Pepall and Tulloch JJ.A. IN THE MATTER OF: FREDERICK O’DONNELL AN APPEAL UNDER PART XX.1 OF THE CODE Jill R. Presser and Jeff Marshman, for the appellant Andreea Baiasu, for the Attorney General of Ontario Janice E. Blackburn, for the respondent Waypoint Centre for Mental Health Heard: December 10, 2015 On appeal against the disposition of the Ontario Review Board dated January 22, 2015. APPEAL BOOK ENDORSEMENT [1] We acknowledge that the Board has an inquisitorial mandate that can require it to look beyond the joint position of the parties. That said, here based on the record before it, there was no obligation for the Board to make any further inquiries. Moreover, there was no treatment impasse. The appellant has made progress and a plan is in place. The Board’s disposition was the least onerous and least restrictive disposition available in the circumstances. [2] The appeal is dismissed.