Demin (Re)
The appeal is dismissed because the Court concluded the Ontario Review Board reasonably found the appellant remained a significant threat due to a substantial risk he would discontinue medication, and that finding justified refusing an absolute discharge at that time.
Source-derived case information.
- Citation
- 2013 ONCA 529
- Parties
- Appellant: Rafik Demin; Amicus Curiae: Howard L. Krongold; Counsel for Respondent: Matthew Asma; Counsel for Person in Charge of Centre for Addiction and Mental Health: Janice Blackburn; Respondent: Person in Charge of Centre for Addiction and Mental Health
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 August 2013
- Procedural Posture
- Appeal Under Part Xx.1 of the Criminal Code / Appeal From Ontario Review Board Disposition Dated April 3, 2013
- Outcome
- Appeal dismissed
- Legal Topics
- Absolute Discharge, Significant Threat Assessment, Medication Compliance, Review Board Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rafik Demin
Appellant
Howard L. Krongold
Amicus Curiae
Matthew Asma
Counsel for Respondent
Janice Blackburn
Counsel for Person in Charge of Centre for Addiction and Mental Health
Person in Charge of Centre for Addiction and Mental Health
Respondent
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code / Appeal From Ontario Review Board Disposition Dated April 3, 2013
Legal Issues
- 1 Whether the appellant remains a significant threat to public safety
- 2 Whether absolute discharge is appropriate given the risk of non-compliance with medication
- 3 Whether the Ontario Review Board's factual findings and risk assessment were reasonable
Ratio Decidendi
The appeal is dismissed because the Court concluded the Ontario Review Board reasonably found the appellant remained a significant threat due to a substantial risk he would discontinue medication, and that finding justified refusing an absolute discharge at that time.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Demin (Re) Collection Decisions of the Court of Appeal Date 2013-08-23 Neutral citation 2013 ONCA 529 Docket numbers C56922 Judges Goudge, Stephen Thomas; Watt, David; Pepall, Sarah E. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Demin (Re), 2013 ONCA 529 DATE: 20130823 DOCKET: C56922 Goudge, Watt and Pepall JJ.A. IN THE MATTER OF: RAFIK DEMIN AN APPEAL UNDER PART XX.1 OF THE CODE Rafik Demin, appearing in person Howard L. Krongold, amicus curiae Matthew Asma, for the respondent Janice Blackburn, for the Person in Charge of Centre for Addiction and Mental Health Heard: August 22, 2013 On appeal against the disposition of the Ontario Review Board dated, April 3, 2013. APPEAL BOOK ENDORSEMENT [1] In our view the appeal must be dismissed. [2] The majority of the Board concluded that the appellant remained a significant threat. A fair reading of their decision is that they did so because they concluded that if he were absolutely discharged at that point, there was a significant risk he would go off his meds since he had not fully internalized his need to continue to take them. There was a clear evidentiary basis for them to reach that conclusion and we view it to be a reasonable one. [3] While the majority expresses a wish to be informed in the future of a placement plan that would allow them to better assess the risk the appellant poses they are at that point speaking about the future. Implicit in that seems to be their hope that a satisfactory plan can and will be developed. Indeed that appears to be why they decided this case should be brought back early for consideration in six months. That is now what is unfolding. [4] The appeal is dismissed.