R. v. Faichney
The Court concluded the Ontario Review Board's reasons were adequate and demonstrated a reasoned road to its conclusion and that the result was not unreasonable; therefore the appeal was dismissed.
Source-derived case information.
- Citation
- 2009 ONCA 30
- Parties
- Respondent: Her Majesty the Queen; Appellant: James Faichney; Interested Party: Hospital Administrator
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 January 2009
- Procedural Posture
- Criminal / Appeal From Ontario Review Board Disposition (march 20, 2008)
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Adequacy of Reasons, Gladue Principles/aboriginal Background, Standard of Review/unreasonableness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
James Faichney
Appellant
Hospital Administrator
Interested Party
Procedural Posture
Criminal / Appeal From Ontario Review Board Disposition (march 20, 2008)
Legal Issues
- 1 Whether the Ontario Review Board's written reasons were adequate and demonstrated a reasoned road to its conclusion
- 2 Whether the appellant's Aboriginal background should have been considered and whether a Gladue type report was required
- 3 Whether the Board's disposition was unreasonable
Ratio Decidendi
The Court concluded the Ontario Review Board's reasons were adequate and demonstrated a reasoned road to its conclusion and that the result was not unreasonable; therefore the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Faichney Collection Decisions of the Court of Appeal Date 2009-01-15 Neutral citation 2009 ONCA 30 Docket numbers C48868 Judges Doherty, David H.; MacPherson, James C.; Lang, Susan Elizabeth Subject Criminal Decision Content CITATION: R. v. Faichney, 2009 ONCA 30 DATE: 20090114 DOCKET: C48868 COURT OF APPEAL FOR ONTARIO Doherty, MacPherson and Lang JJ.A. BETWEEN: Her Majesty the Queen Respondent and James Faichney Appellant Suzan E. Fraser, for the appellant Dena Bonnet, for the respondent Connie Vernon, for the hospital administrator Heard: January 12, 2009 On appeal from the disposition of the Ontario Review Board dated March 20, 2008. APPEAL BOOK ENDORSEMENT [1] We are satisfied that the reasons, considered in the context of the evidence and the position of the parties, are adequate and demonstrate a reasoned road to the Board’s conclusion. The appellant quite properly acknowledges that the result is not unreasonable. [2] Counsel for the appellant (not Ms. Fraser) made only passing reference to the appellant’s aboriginal background in his submissions before the Board. The Board made no reference to his background in its reasons. It is unclear how that background may have been relevant. However, it is our understanding that at the next hearing (two days from now), counsel will be raising the issue and may request a Gladue type report. We draw the Board’s attention to the decision of this court in R. v. Sim (unreported October 20, 2005). [3] The appeal is dismissed.