Ontario (Review Board) v. Merner

Ontario (Review Board) v. Merner Collection Decisions of the Court of Appeal Date 2015-03-11 Neutral citation 2015 ONCA 157 Docket numbers C58964 Judges Sharpe, Robert J.; Gillese, Eileen E.; Benotto, Mary Lou Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ontario (Review Board) v. Merner, 2015 ONCA 157 DATE: 20150310 DOCKET: C58964 Sharpe, Gillese and Benotto JJ.A. IN THE MATTER OF: Janet A. Merner AN APPEAL UNDER PART XX.1 OF THE CODE Anita Szigeti, for the appellant B. Walker-Renshaw, for the respondent, Ontario Shores Centre for Mental Health Joanne Stuart, for the respondent, Her Majesty the Queen Heard: March 6, 2015 On appeal against the disposition of the Ontario Review Board dated, May 2, 2014. APPEAL BOOK ENDORSEMENT [1] No issue is taken with the ORB’s finding of significant risk. [2] The appellant submits, however, that although the Board was presented with a joint submission that the least onerous and restrictive order was a detention order with expanded privileges, the Board erred in law by failing to explicitly consider and reject the option of a conditional discharge. [3] We disagree. There was evidence before the Board that the stress the appellant experiences from her perception of the community’s reaction to her transgender status could lead to decompensation. The issue of conditional discharge was expressly considered by the treating physician and the co-author of the hospital’s report. Her evidence was that to push the appellant to a conditional discharge would run the risk of suicidal or homicidal reaction on the part of the appellant. The Board fully discharged its obligation to ensure that the least onerous and restrictive disposition was imposed. [4] We add that it would appear to us that the appellant is making good progress, and as noted by the hospital, if she continues along that path reintegration into the community may follow. [5] Appeal dismissed.