Ontario (Review Board) v. Petroniuk
The Court held there was ample evidence to uphold the ORB's finding that the respondent posed a significant risk and that detention was the least restrictive means to manage that risk given her lack of insight, violent index offence and persistent medication non‑compliance; the ORB's conclusion was reasonable and...
Source-derived case information.
- Citation
- 2015 ONCA 156
- Parties
- Appellant: Ontario (Review Board); Respondent: Elizabeth Petroniuk
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 March 2015
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code / Decision on Appeal From Ontario Review Board Disposition Dated May 5, 2014
- Outcome
- Appeal dismissed; ORB detention order upheld
- Legal Topics
- Detention Order, Significant Risk, Least Restrictive Measure, Insight and Medication Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ontario (Review Board)
Appellant
Elizabeth Petroniuk
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code / Decision on Appeal From Ontario Review Board Disposition Dated May 5, 2014
Legal Issues
- 1 Whether the respondent/appellant continues to pose a significant risk
- 2 Whether a detention order is the least restrictive measure to manage that risk
- 3 Whether the ORB's decision was reasonable in light of lack of insight and medication non‑compliance
Ratio Decidendi
The Court held there was ample evidence to uphold the ORB's finding that the respondent posed a significant risk and that detention was the least restrictive means to manage that risk given her lack of insight, violent index offence and persistent medication non‑compliance; the ORB's conclusion was reasonable and the appeal must be dismissed.
Court Disposition
Appeal dismissed; ORB detention order upheld
Orders
- Appeal dismissed.
- Detention order of the Ontario Review Board upheld.
Full Case Text
Judgment text and source record
1 paragraphs
Ontario (Review Board) v. Petroniuk Collection Decisions of the Court of Appeal Date 2015-03-11 Neutral citation 2015 ONCA 156 Docket numbers C58995 Judges Sharpe, Robert J.; Gillese, Eileen E.; Benotto, Mary Lou Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ontario (Review Board) v. Petroniuk, 2015 ONCA 156 DATE: 20150310 DOCKET: C58995 Sharpe, Gillese and Benotto JJ.A. IN THE MATTER OF: Elizabeth Petroniuk AN APPEAL UNDER PART XX.1 OF THE CODE Daniel Moore, for the appellant Jason Gorda and Gavin MacKenzie, for the respondent Heard: March 6, 2015 On appeal against the disposition of the Ontario Review Board dated, May 5, 2014. APPEAL BOOK ENDORSEMENT [1] In our view, there was ample evidence to support the ORB’s finding that the appellant continues to a pose a significant risk, and that the detention order is the least restrictive measure to deal with that risk. [2] It is apparent from the submissions made before us that the appellant lacks insight into her mental illness. The index offence involved a violent assault on the appellant’s mother, which the appellant continues to regard as an act directed by God. There is a long history of non-compliance with medication and the appellant expresses a continuous desire to stop taking it. In these circumstances, the ORB’s conclusion that the appellant and the risk she poses could not be adequately managed in the community was reasonable. [3] Accordingly, the appeal is dismissed.