Giscombe (Re)
The Court held that no joint submission had been made and that the Board's decision to require staff accompaniment and refuse community living was reasonable and supported by evidence of the appellant's violent history, hallucinations, medication refusal and the treating psychiatrist's opinion, and that there was no...
Source-derived case information.
- Citation
- 2019 ONCA 675
- Parties
- Appellant: Jameel Giscombe; Respondent: Person in Charge of the Centre for Addiction and Mental Health; Respondent: Crown
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 August 2019
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code / Appeal From Ontario Review Board Disposition
- Outcome
- Appeal dismissed
- Legal Topics
- Forensic Psychiatry, Review Board Decisions, Community Privileges, Procedural Fairness, Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jameel Giscombe
Appellant
Person in Charge of the Centre for Addiction and Mental Health
Respondent
Crown
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code / Appeal From Ontario Review Board Disposition
Legal Issues
- 1 Whether the Ontario Review Board departed from a joint submission by rejecting community privileges accompanied by an approved person
- 2 Whether the Board denied the appellant procedural fairness
- 3 Whether the Board's decision to require staff accompaniment and deny community living was reasonable and supported by evidence
Ratio Decidendi
The Court held that no joint submission had been made and that the Board's decision to require staff accompaniment and refuse community living was reasonable and supported by evidence of the appellant's violent history, hallucinations, medication refusal and the treating psychiatrist's opinion, and that there was no procedural fairness breach warranting interference.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Disposition of the Ontario Review Board dated December 27, 2018 is affirmed
Full Case Text
Judgment text and source record
1 paragraphs
Giscombe (Re) Collection Decisions of the Court of Appeal Date 2019-08-26 Neutral citation 2019 ONCA 675 Docket numbers C66453 Judges Watt, David; Pepall, Sarah E.; Huscroft, Grant Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Giscombe (Re), 2019 ONCA 675 DATE: 20190826 DOCKET: C66453 Watt, Pepall and Huscroft JJ.A. IN THE MATTER OF: JAMEEL GISCOMBE AN APPEAL UNDER PART XX.1 OF THE CODE Joanne Weiss, for the appellant Kendra Naidoo, for the Person in Charge of the Centre for Addiction and Mental Health Catherine Weiler, for the Crown Heard: August 23, 2019 On appeal against the disposition of the Ontario Review Board dated, December 27, 2018. APPEAL BOOK ENDORSEMENT [1] The appellant appeals from the December 27, 2018 disposition of the Board, pursuant to which he was detained on a forensic unit at the Centre for Addiction and Mental Health (CAMH), with privileges up to and including indirectly supervised hospital and grounds privileges and entry into the community of Toronto accompanied by staff. [2] The appellant asserts that the Board departed from a joint submission of the parties in rejecting his request for community privileges accompanied by an “approved person”, and denied him procedural fairness in doing so. [3] We disagree. [4] The short answer to the appellant’s submission is that no joint submission was made. [5] The Board’s decision requiring staff accompaniment, and rejecting a community living option, is amply supported by the evidence of the appellant’s history of violence, hallucinations, and refusal to take oral medication, in addition to the opinion of Dr. Jones, the appellant’s treating psychiatrist, who testified that the appellant is simply not ready for community living. [6] The Board’s decision is reasonable and there is no basis for this court to interfere. [7] The appeal is dismissed.