Williams (Re)
The Court dismissed the appeal because the Ontario Review Board’s disposition was reasonable, was supported by the evidence including the attending psychiatrist’s testimony, and properly found the appellant posed a significant threat to public safety; the Board’s decision on managing that risk is entitled to...
Source-derived case information.
- Citation
- 2014 ONCA 42
- Parties
- Appellant: Jerome Williams; Amicus Curiae: Howard L. Krongold; Intervener: Centre for Addiction and Mental Health; Respondent: Attorney General of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 January 2014
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code (ontario Review Board Disposition) / On Appeal From Ontario Review Board Disposition Dated April 8, 2013; Oral Hearing Before Court of Appeal
- Outcome
- Appeal dismissed; Ontario Review Board disposition dated April 8, 2013 upheld
- Legal Topics
- Review of Mental Health Review Board Disposition, Absolute Discharge, Risk to Public Safety, Standard of Appellate Deference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jerome Williams
Appellant
Howard L. Krongold
Amicus Curiae
Centre for Addiction and Mental Health
Intervener
Attorney General of Ontario
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code (ontario Review Board Disposition) / On Appeal From Ontario Review Board Disposition Dated April 8, 2013; Oral Hearing Before Court of Appeal
Legal Issues
- 1 Whether the Ontario Review Board’s April 8, 2013 disposition was unreasonable
- 2 Whether the appellant was entitled to an absolute discharge
- 3 Whether there was an error of law or a miscarriage of justice warranting interference
Ratio Decidendi
The Court dismissed the appeal because the Ontario Review Board’s disposition was reasonable, was supported by the evidence including the attending psychiatrist’s testimony, and properly found the appellant posed a significant threat to public safety; the Board’s decision on managing that risk is entitled to deference and no legal error or miscarriage of justice was shown.
Court Disposition
Appeal dismissed; Ontario Review Board disposition dated April 8, 2013 upheld
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Williams (Re) Collection Decisions of the Court of Appeal Date 2014-01-17 Neutral citation 2014 ONCA 42 Docket numbers C57207 Judges Feldman, Kathryn N.; MacFarland, Jean Louise; Pepall, Sarah E. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Williams (Re), 2014 ONCA 42 DATE: 20140117 DOCKET: C57207 Feldman, MacFarland and Pepall JJ.A. IN THE MATTER OF: Jerome Williams AN APPEAL UNDER PART XX.1 OF THE CODE Jerome Williams, in person Howard L. Krongold, amicus curiae Gavin S. MacKenzie, for the Centre for Addiction and Mental Health Stacey D. Young, for the Attorney General of Ontario Heard and released orally: January 15, 2014 On appeal against the disposition of the Ontario Review Board dated April 8, 2013. ENDORSEMENT [1] The appellant appeals the Board’s April 8, 2013 disposition and before us requests an absolute discharge. He is presently diagnosed as suffering from schizophrenia, has limited insight into his illness, and has stated that he would cease taking medication if out of hospital. [2] The disposition was not unreasonable and was supported by the evidence. Moreover, there was no error of law or miscarriage of justice. [3] Based on the evidence before it, including that of Dr. McMaster, the appellant’s attending psychiatrist, the Board unanimously found that the appellant continued to represent a significant threat to the safety of the public. Its decision on managing that risk is entitled to deference. [4] We see no basis on which to interfere. The appeal is dismissed. “K. Feldman J.A.” “J. MacFarland J.A.” “S.E. Pepall J.A.”