Le Feuvre (Re)
The appeal was dismissed because the evidence before the Board demonstrated the appellant remained a significant threat to public safety and there was no treatment impasse necessitating an independent assessment; the Board's disposition was therefore reasonable and must be upheld.
Source-derived case information.
- Citation
- 2013 ONCA 743
- Parties
- Appellant: Geoffrey Le Feuvre; Amicus Curiae: Anita Szigeti; Respondent: Her Majesty the Queen; Intervener: Centre for Addiction and Mental Health
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 December 2013
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code / Appeal From Ontario Review Board Disposition Dated February 7, 2013
- Outcome
- Appeal dismissed
- Legal Topics
- Review Board Disposition, Detention and Discharge, Treatment Impasse, Independent Psychiatric Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Le Feuvre
Appellant
Anita Szigeti
Amicus Curiae
Her Majesty the Queen
Respondent
Centre for Addiction and Mental Health
Intervener
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code / Appeal From Ontario Review Board Disposition Dated February 7, 2013
Legal Issues
- 1 Whether the Board's disposition should be substituted with an absolute discharge
- 2 Whether there was a treatment impasse requiring an independent assessment
- 3 Whether the appellant remains a significant threat to public safety
Ratio Decidendi
The appeal was dismissed because the evidence before the Board demonstrated the appellant remained a significant threat to public safety and there was no treatment impasse necessitating an independent assessment; the Board's disposition was therefore reasonable and must be upheld.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Disposition of the Ontario Review Board dated February 7, 2013 is upheld
Full Case Text
Judgment text and source record
1 paragraphs
Le Feuvre (Re) Collection Decisions of the Court of Appeal Date 2013-12-17 Neutral citation 2013 ONCA 743 Docket numbers C57596 Judges Rosenberg, Marc; Rouleau, Paul S.; Pardu, Gladys I. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Le Feuvre (Re), 2013 ONCA 743 DATE: 20131209 DOCKET: C57596 Rosenberg, Rouleau and Pardu JJ.A. IN THE MATTER OF: GEOFFREY LE FEUVRE AN APPEAL UNDER PART XX.1 OF THE CODE Geoffrey Le Feuvre, appearing in person Anita Szigeti, amicus curiae Matthew Asma, for the respondent, Her Majesty the Queen Michele Warner, for the Centre for Addiction and Mental Health Heard: November 29, 2013 On appeal against the disposition of the Ontario Review Board dated, February 7, 2013. APPEAL BOOK ENDORSEMENT [1] In his submissions, the appellant asks that the court allow the appeal and substitute an absolute discharge. [2] We do not agree. The evidence at the hearing demonstrates that the appellant remains a significant threat to the safety of the public. [3] Amicus submits that in the alternative, the evidence shows that the appellant should be allowed to live in the community and moreover there is a treatment impasse and the Board should have required an independent assessment. [4] In our view, there is no impasse at this point. The evidence before the Board was that the diagnosis had been clarified and the treatment team was continuing to try different approaches. [5] The fresh evidence introduced by the appellant shows that there is reason to believe that the appellant may be making progress towards more access to the community. The disposition by the Board was reasonable. [6] Accordingly, the appeal is dismissed.