Dezzou-Koulombo (Re)

Dezzou-Koulombo (Re)

The Court held that the Review Board's reasons were deficient: they failed to explain how the appellant's decompensation would pose a 'significant' risk of criminal harm as required by s.672.54, relied on uncorroborated hearsay without resolving credibility issues, and did not reconcile expert reports that softened...

Source-derived case information.

Citation
2013 ONCA 687
Parties
Appellant: Simon Dezzou-Koulombo; Respondent: Attorney General of Ontario; Respondent: Centre de santé mentale d’Ottawa
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 November 2013
Procedural Posture
Appeal Under Part Xx.1 of the Criminal Code (review Board Detention) / Appeal From Annual Review Board Decision (annual Review Dated 7 December 2012)
Outcome
Appeal allowed in part; decision of the Review Board set aside and remitted for re-determination with reasons
Legal Topics
Not Criminally Responsible (ncr), Detention and Public Safety, Standard of Reasons, Use and Weight of Hearsay, Risk Assessment
Source Language
fr
Criminal Law Mental Health Law Administrative Law Not Criminally Responsible (ncr) Detention and Public Safety Standard of Reasons Use and Weight of Hearsay Risk Assessment

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Parties

Simon Dezzou-Koulombo

Appellant

Attorney General of Ontario

Respondent

Centre de santé mentale d’Ottawa

Respondent

Procedural Posture

Appeal Under Part Xx.1 of the Criminal Code (review Board Detention) / Appeal From Annual Review Board Decision (annual Review Dated 7 December 2012)

  1. 1 Whether the Review Board's conclusion that detention remains necessary meets the statutory requirement of a 'significant risk' to public safety under s.672.54 of the Criminal Code
  2. 2 Whether the Board's reasons adequately explain how the appellant's decompensation would create a significant risk of criminal conduct
  3. 3 Whether the Board improperly relied on uncorroborated hearsay without addressing credibility and reliability

Ratio Decidendi

The Court held that the Review Board's reasons were deficient: they failed to explain how the appellant's decompensation would pose a 'significant' risk of criminal harm as required by s.672.54, relied on uncorroborated hearsay without resolving credibility issues, and did not reconcile expert reports that softened risk language; accordingly the matter is remitted to the Review Board for redetermination and adequate reasons consistent with established Supreme Court precedent.

Court Disposition

Appeal allowed in part; decision of the Review Board set aside and remitted for re-determination with reasons

Orders

  • Remit the matter to the Review Board for re-determination in accordance with R. v. Owen and Centre de santé mentale de Penetanguishene and for reasons that address the points in R. v. Sheppard
  • The Review Board may render the required decision in conjunction with the next scheduled annual review (28 November 2013)