R. v. Szostak
The Court dismissed the appeal because there was no error in the Ontario Review Board's disposition and paragraph 16 of the Board's reasons need not be incorporated into the formal order; nonetheless the hospital must take reasonable steps to secure linguistic assistance and the Board will monitor compliance.
Source-derived case information.
- Citation
- 2010 ONCA 434
- Parties
- Respondent: Her Majesty the Queen; Appellant: Henryk Szostak; Respondent: Mental Health Centre of Penetanguishene
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2010
- Procedural Posture
- Criminal / Appeal From Ontario Review Board Disposition (dated November 26, 2009); Heard at Court of Appeal for Ontario (june 9, 2010)
- Outcome
- Appeal dismissed; Ontario Review Board disposition upheld.
- Legal Topics
- Review Board Disposition, Judicial Deference to Administrative Decisions, Right to Linguistic Assistance, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Henryk Szostak
Appellant
Mental Health Centre of Penetanguishene
Respondent
Procedural Posture
Criminal / Appeal From Ontario Review Board Disposition (dated November 26, 2009); Heard at Court of Appeal for Ontario (june 9, 2010)
Legal Issues
- 1 Whether the Ontario Review Board erred in its disposition
- 2 Whether paragraph 16 of the Board's reasons should have been incorporated into the formal order
- 3 Whether the appellant was entitled to linguistic assistance to meaningfully participate in rehabilitative efforts
Ratio Decidendi
The Court dismissed the appeal because there was no error in the Ontario Review Board's disposition and paragraph 16 of the Board's reasons need not be incorporated into the formal order; nonetheless the hospital must take reasonable steps to secure linguistic assistance and the Board will monitor compliance.
Court Disposition
Appeal dismissed; Ontario Review Board disposition upheld.
Orders
- Appeal dismissed
- Disposition of the Ontario Review Board dated November 26, 2009 upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Szostak Collection Decisions of the Court of Appeal Date 2010-06-11 Neutral citation 2010 ONCA 434 Docket numbers C51388 Judges Doherty, David H.; Moldaver, Michael James; Sharpe, Robert J. Subject Criminal Decision Content CITATION: R. v. Szostak, 2010 ONCA 434 DATE: 20100610 DOCKET: C51388 COURT OF APPEAL FOR ONTARIO Doherty, Moldaver and Sharpe JJ.A. BETWEEN Her Majesty the Queen Respondent and Henryk Szostak Appellant and Mental Health Centre of Penetanguishene Respondent Anita Szigeti, as amicus curiae, for the appellant Emile Carrington, for the Crown respondent Janice Blackburn for the Person in Charge of the Mental Health Centre of Penetanguishene Heard: June 9, 2010 On appeal from the disposition entered by the Ontario Review Board dated November 26, 2009. APPEAL BOOK ENDORSEMENT [1] We see no error in the Board’s disposition. We endorse the comments of the Hon. J.W. Brooke at para. 16 of his reasons. We do not agree with amicus that the terms of para. 16 should have been incorporated as part of the formal order. [2] That said, all counsel acknowledge the need to take all reasonable steps to obtain the necessary linguistic assistance to enable the appellant to meaningfully participate if he so wishes in the rehabilitative efforts. [3] We join with counsel in urging the hospital to make best efforts to obtain the necessary help. No doubt, the Board will monitor the progress. [4] The appeal is dismissed.