Campbell (Re), 2018 ONCA 140

JurisdictionOntario
JudgeLaskin, Trotter and Fairburn JJ.A.
Citation2018 ONCA 140
Date14 February 2018
CourtCourt of Appeal (Ontario)
Docket NumberC62777
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
15 practice notes
  • Court Of Appeal Summaries (September 23-27)
    • Canada
    • Mondaq Canada
    • October 11, 2019
    ...625, Esgin (Re), 2019 ONCA 155, Mazzei v British Columbia (Director of Adult Forensic Psychiatric Services), 2006 SCC 7, Campbell (Re), 2018 ONCA 140, R v Owen, 2003 SCC 33, R v Conway, 2010 SCC 22, Boucher (Re), 2015 ONCA 135, Tolias (Re), 2018 ONCA 2015, Collins (Re), 2018 ONCA 563, Centr......
  • Criminal Code
    • Canada
    • Irwin Books Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...on the “Board’s jurisdiction to fashion its own rules of procedure and practice and the exercise of its discretion.” 156 Campbell (Re) , 2018 ONCA 140 — First, a inding must be made as to whether there is in fact an increase in restrictions, giving consideration to the accused’s liberty sta......
  • The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
    • Canada
    • Irwin Books The 2024 annotated mental health provisions of the criminal code - Part XX.1
    • February 27, 2024
    ...on the “Board’s jurisdiction to fashion its own rules of procedure and practice and the exercise of its discretion.” 147 Campbell (Re) , 2018 ONCA 140 — First, a inding must be made as to whether there is in fact an increase in restrictions, giving consideration to the accused’s liberty sta......
  • Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
    • Canada
    • Irwin Books Archive The 2023 Annotated Mental Health Provisions of the Criminal Code, Part XX.1
    • March 2, 2023
    ...on the “Board’s jurisdiction to fashion its own rules of procedure and practice and the exercise of its discretion.”141 Campbell (Re), 2018 ONCA 140 — First, a finding must be made as to whether there is in fact an increase in restrictions, giving consideration to the accused’s liberty sta......
  • Request a trial to view additional results
9 cases
  • Davies (Re), 2019 ONCA 738
    • Canada
    • Court of Appeal (Ontario)
    • September 23, 2019
    ...the conditions included in Board dispositions must also conform to the least onerous and least restrictive standard”: Campbell (Re), 2018 ONCA 140, 139 O.R. (3d) 401, at para. 54, per Fairburn [17] The court owes deference to the Board because it is a specialized, expert body: R. v. Owen, 2......
  • R v. Jones, 2019 ABCA 313
    • Canada
    • Court of Appeal (Alberta)
    • August 27, 2019
    ...(“review boards become intimately familiar with the patients under their supervision”). [125] Appellant’s Factum ¶ 56. [126] Re Campbell, 2018 ONCA 140, ¶ 67 (“The change in liberty status must be so significant that a reasonable person, considering all of the circumstances, would think tha......
  • R v Paquette, 2018 ABQB 212
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 22, 2018
    ...psychological and emotional make-up, or in some organic, brain-based, or neurological pathology. See, e.g., Campbell (Re), 2018 ONCA 140; R v Van Den Brink, 2017 BCSC 1012, Cullity ACJ; R v Rogers, 2017 BCSC 1410, Meyers J; R v Mock, 2016 ABCA 293; R v de Grood, 2016 ABQB 294, Macklin J; an......
  • Tran (Re), 2020 ONCA 722
    • Canada
    • Court of Appeal (Ontario)
    • November 12, 2020
    ...of the Criminal Code, R.S.C. 1985, c. C-46 (the “Code”), and the application of the framework established by this court in Campbell (Re), 2018 ONCA 140, 139 O.R. (3d) 401. The appellant, Van Truong Tran, submits that notice and a restriction of liberty hearing were required and that the inc......
  • Request a trial to view additional results
3 firm's commentaries
  • Court Of Appeal Summaries (September 23-27)
    • Canada
    • Mondaq Canada
    • October 11, 2019
    ...625, Esgin (Re), 2019 ONCA 155, Mazzei v British Columbia (Director of Adult Forensic Psychiatric Services), 2006 SCC 7, Campbell (Re), 2018 ONCA 140, R v Owen, 2003 SCC 33, R v Conway, 2010 SCC 22, Boucher (Re), 2015 ONCA 135, Tolias (Re), 2018 ONCA 2015, Collins (Re), 2018 ONCA 563, Centr......
  • Ontario Court Of Appeal Summaries (December 24 – 28, 2018)
    • Canada
    • Mondaq Canada
    • January 7, 2019
    ...2018 ONCA 1083 Keywords: Criminal Law, Assault, Criminal Code, s. 672.56, Canadian Charter of Rights and Freedoms, s. 7, Campbell (Re), 2018 ONCA 140 R. v. Dillon, 2018 ONCA 1085 Keywords: Criminal Law, Possession of a Firearm, R. v. Richards, 2001 CanLII 21219 (Ont. C.A.), R. v. Charbonnea......
  • Ontario Court Of Appeal Summaries (February 12 – February 16)
    • Canada
    • Mondaq Canada
    • February 21, 2018
    ...Solin, for the respondent Keywords: Criminal Law, Possession of Narcotics, Appeal Dismissed Ontario Review Board Decisions Campbell (Re), 2018 ONCA 140 [Laskin, Trotter and Fairburn JJ.A.] Counsel: Michael Davies and Meaghan McMahon, for the appellant Angela Campbell Barbara Walker-Renshaw ......
3 books & journal articles
  • Criminal Code
    • Canada
    • Irwin Books Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...on the “Board’s jurisdiction to fashion its own rules of procedure and practice and the exercise of its discretion.” 156 Campbell (Re) , 2018 ONCA 140 — First, a inding must be made as to whether there is in fact an increase in restrictions, giving consideration to the accused’s liberty sta......
  • Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
    • Canada
    • Irwin Books Archive The 2023 Annotated Mental Health Provisions of the Criminal Code, Part XX.1
    • March 2, 2023
    ...on the “Board’s jurisdiction to fashion its own rules of procedure and practice and the exercise of its discretion.”141 Campbell (Re), 2018 ONCA 140 — First, a finding must be made as to whether there is in fact an increase in restrictions, giving consideration to the accused’s liberty sta......
  • The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
    • Canada
    • Irwin Books The 2024 annotated mental health provisions of the criminal code - Part XX.1
    • February 27, 2024
    ...on the “Board’s jurisdiction to fashion its own rules of procedure and practice and the exercise of its discretion.” 147 Campbell (Re) , 2018 ONCA 140 — First, a inding must be made as to whether there is in fact an increase in restrictions, giving consideration to the accused’s liberty sta......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT