Hannora (Re)
The Board's reasons were manifestly insufficient because they did not meaningfully engage with conditional discharge or the proposal to extend community passes to 72 hours; therefore the matter is remitted to the Ontario Review Board, differently constituted, for a new hearing and the current disposition remains in...
Source-derived case information.
- Citation
- 2020 ONCA 161
- Parties
- Appellant: Mwafak Hannora; Respondent: Attorney General of Ontario; Respondent: Person in Charge of Ontario Shores Centre for Mental Health Sciences
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 28 February 2020
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code (ontario Review Board Matter) / On Appeal From Ontario Review Board Disposition Dated April 17, 2019; Oral Hearing February 25, 2020; Reasons Released February 28, 2020
- Outcome
- Appeal allowed in part; Board's reasons set aside as manifestly insufficient and matter remitted for a new hearing; current disposition to remain in effect pending rehearing.
- Legal Topics
- Review Board Disposition, Adequacy of Reasons, Conditional Discharge, Community Passes/privileges, Remittal to Tribunal, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwafak Hannora
Appellant
Attorney General of Ontario
Respondent
Person in Charge of Ontario Shores Centre for Mental Health Sciences
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code (ontario Review Board Matter) / On Appeal From Ontario Review Board Disposition Dated April 17, 2019; Oral Hearing February 25, 2020; Reasons Released February 28, 2020
Legal Issues
- 1 Whether the Ontario Review Board provided sufficient reasons to permit meaningful appellate review
- 2 Whether the Board engaged with the issues of conditional discharge
- 3 Whether the Board considered expansion of community passes to up to 72 hours
Ratio Decidendi
The Board's reasons were manifestly insufficient because they did not meaningfully engage with conditional discharge or the proposal to extend community passes to 72 hours; therefore the matter is remitted to the Ontario Review Board, differently constituted, for a new hearing and the current disposition remains in effect until that hearing.
Court Disposition
Appeal allowed in part; Board's reasons set aside as manifestly insufficient and matter remitted for a new hearing; current disposition to remain in effect pending rehearing.
Orders
- Remit the matter to the Ontario Review Board, differently constituted, for a new hearing to consider, among other issues, whether a conditional discharge or expanded community privileges (up to 72 hours) should be imposed or included in the disposition.
- The new hearing shall be held as expeditiously as possible, preferably in advance of the next scheduled annual review.
Full Case Text
Judgment text and source record
1 paragraphs
Hannora (Re) Collection Decisions of the Court of Appeal Date 2020-02-28 Neutral citation 2020 ONCA 161 Docket numbers C67176 Judges Watt, David; Pardu, Gladys I.; Roberts, Lois B. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Hannora (Re), 2020 ONCA 161 DATE: 20200228 DOCKET: C67176 Watt, Pardu and Roberts JJ.A. IN THE MATTER OF: Mwafak Hannora AN APPEAL UNDER PART XX.1 OF THE CODE Andrew Menchynski, for the appellant Gavin MacDonald, for the respondent, Attorney General of Ontario No one appearing for the respondent, the Person in Charge of Ontario Shores Centre for Mental Health Sciences Heard and released orally: February 25, 2020 On appeal against the disposition of the Ontario Review Board, dated April 17, 2019. REASONS FOR DECISION [1] In our view, the reasons of the Board are manifestly insufficient to permit meaningful appellate review. [2] The reasons do not reveal that the Board engaged in any meaningful way with the issues of conditional discharge or expansion of the community passes to up to 72 hours. [3] In the result, we remit the matter to the Board, differently constituted, to conduct a new hearing to consider, among other issues, whether a conditional discharge or expanded community privileges should be imposed or included in the disposition. This new hearing should be held as expeditiously as possible, preferably in advance of the next scheduled annual review. The current disposition shall remain in effect until that time. “David Watt J.A.” “G. Pardu J.A.” “L.B. Roberts J.A.”