





CITATION:
Clarke (Re), 2011 ONCA 774



DATE: 20111208



DOCKET: C53955



COURT OF APPEAL FOR ONTARIO



Laskin and Feldman JJ.A. and Himel J. (
Ad Hoc
)



IN THE MATTER OF: James Clarke



James Clarke, appearing in person



Anita Szigeti, as
amicus curiae



Scott Latimer, for the Attorney General



Julie Zamprogna, for the Regional Mental Health Care St.
          Thomas



Heard:
December 7, 2011



On appeal against the disposition of the Ontario Review Board,
          dated June 16, 2011.



APPEAL BOOK ENDORSEMENT



[1]

Mr. Clarke appeals the order of the Ontario Review Board under which he
    continues to be detained in a medium secure unit.  He asks for an order that he
    be transferred to a minimum secure unit with community privileges or that we
    make a hybrid order.

[2]

In order to interfere with the Boards order, we must be persuaded that
    it is unreasonable.  We cannot say that the Boards order is unreasonable. 
    Although the Board could have given fuller reasons for rejecting a hybrid
    order, the evidence in the record supports its disposition.

[3]

Mr. Clarkes treating psychiatrist testified that he is a high risk to
    reoffend; at the time of the hearing he had been at St. Thomas Care for three
    months; and he has yet to undergo psychiatric testing.  The fresh evidence
    filed before us further supports the Boards disposition.

[4]

The appeal is dismissed.


