Carrick, Re, (2015) 344 O.A.C. 66 (CA)

JudgeDoherty, Tulloch and Huscroft, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateSeptember 18, 2015
JurisdictionOntario
Citations(2015), 344 O.A.C. 66 (CA);2015 ONCA 866

Carrick, Re (2015), 344 O.A.C. 66 (CA)

MLB headnote and full text

Temp. Cite: [2015] O.A.C. TBEd. DE.022

An Appeal Under Part XX.1 of the Code

In The Matter Of Quentin Carrick

(C59651; 2015 ONCA 866)

Indexed As: Carrick, Re

Ontario Court of Appeal

Doherty, Tulloch and Huscroft, JJ.A.

December 10, 2015.

Summary:

The appellant appealed from the October 6, 2014 disposition of the Ontario Review Board, which concluded that he constituted a "significant threat to the safety of the public" and ordered his detention at a forensic mental health hospital without the community living privilege that he had enjoyed under his previous disposition. The appellant argued that he was not a significant threat to the public safety and he sought an absolute discharge. The Crown and the hospital opposed the appellant's release and sought to uphold the Board's disposition.

The Ontario Court of Appeal allowed the appeal and returned the matter to the Board for a fresh determination having regard to the reasons outlined in this decision.

Criminal Law - Topic 93.90

General principles - Mental disorder - Dispositions by court or review board - Detention - [See Criminal Law - Topic 93.95 ].

Criminal Law - Topic 93.95

General principles - Mental disorder - Dispositions by court or review board - Appeals or judicial review - The appellant appealed from a disposition of the Ontario Review Board, which concluded that he constituted a "significant threat to the safety of the public" and ordered his detention at a forensic mental health hospital without the community living privilege that he had enjoyed under his previous disposition - The Ontario Court of Appeal allowed the appeal - The Board was confronted with expert evidence that was at times equivocal and contradictory - There was evidence in the record both to support and reject the view that the appellant posed a significant threat to the safety of the public - Given the history of the appellant's detention and the state of the expert evidence, the Board needed to do more than simply assert that the appellant continued to pose a significant threat; it had to address the conflict in the evidence and explain why it was satisfied that the appellant posed a significant threat - Its failure to do so rendered its decision unreasonable - It did not follow from this conclusion that the appellant posed no significant risk to the safety of the public and should be discharged - The court returned the matter to the Board for a fresh determination - The risk posed by the appellant was a matter for the Board in the exercise of its expert judgment, not the court.

Cases Noticed:

Winko v. Forensic Psychiatric Institute (B.C.) et al., [1999] 2 S.C.R. 625; 241 N.R. 1; 124 B.C.A.C. 1; 203 W.A.C. 1, refd to. [para. 12].

Ranieri, Re (2015), 336 O.A.C. 88; 2015 ONCA 444, refd to. [para. 15].

R. v. Owen (T.) (2003), 304 N.R. 254; 173 O.A.C. 285; 2003 SCC 33, refd to. [para. 20].

Dunsmuir v. New Brunswick - see New Brunswick (Board of Management) v. Dunsmuir.

New Brunswick (Board of Management) v. Dunsmuir (2008), 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 23].

R. v. Carrick (Q.) et al., [2010] O.A.C. Uned. 342; 2010 ONCA 523, refd to. [para. 41].

Counsel:

Anita Szigeti, for the appellant, Quentin Carrick;

Daniel Di Fonzo, for the respondent, Her Majesty the Queen;

Julie Zamprogna Ballès, for the respondent, Person in Charge of Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London.

This appeal was heard on September 18, 2015, by Doherty, Tulloch and Huscroft, JJ.A., of the Ontario Court of Appeal. Huscroft, J.A., delivered the following decision for the court on December 10, 2015.

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45 practice notes
  • Ontario Court Of Appeal Summaries (March 18-22, 2019)
    • Canada
    • Mondaq Canada
    • April 4, 2019
    ...(Re), 2019 ONCA 219 Keywords: Ontario Review Board, Criminal Law, Assault with a Weapon, Robbery, Conditional Discharges, Carrick (Re), 2015 ONCA 866 CIVIL DECISIONS Machado v. Ontario Hockey Association, 2019 ONCA 210 [Feldman, Hourigan and Huscroft JJ.A.] Counsel: P. Charney, for the movi......
  • Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
    • Canada
    • Irwin Books The 2023 Annotated Mental Health Provisions of the Criminal Code, Part XX.1
    • March 2, 2023
    ...to liberty absent a reasonable finding that the NCR accused poses a significant threat to the safety of the public. Carrick (Re), 2015 ONCA 866 — The “significant threat” standard is an onerous one. The Review Board must assess whether the NCR accused remains a “significant threat to the s......
  • Criminal Code
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...entitled to liberty absent a reasonable inding that the NCR accused poses a signiicant threat to the safety of the public. Carrick (Re) , 2015 ONCA 866 — The “signiicant threat” standard is an onerous one. The Review Board must assess whether the NCR accused remains a “signiicant threat to ......
  • Court Of Appeal Summaries (October 7 – October 11 2019)
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    • Mondaq Canada
    • October 24, 2019
    ...Review Board, Not Criminally Responsible, Discharge, Marchese (Re) 2018 ONCA 307, Hahmoud (Re) 2018 ONCA 317, Carrick (re), 2015 ONCA 866 CIVIL DECISIONS McKitty v. Hayani, 2019 ONCA 805 [Doherty, Miller and Paciocco JJ.A.] Counsel: Hugh R. Scher, for the appellant Erica J. Baron, Christine......
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38 cases
  • Intact Insurance Co. v. Allstate Insurance Co. of Canada, 2016 ONCA 609
    • Canada
    • Ontario Court of Appeal (Ontario)
    • April 21, 2016
    ...reasons proffered and the substantive outcome in light of the legal and factual context in which the decision was rendered: Re Carrick, 2015 ONCA 866, 128 O.R. (3d) 209, at paras. 25-26; Loewen v. Manitoba Teachers' Society , 2015 MBCA 13, 315 Man. R. (2d) 123, at paras. 74-75. [65] A decis......
  • Marmolejo (Re), 2021 ONCA 130
    • Canada
    • Court of Appeal (Ontario)
    • March 2, 2021
    ...significant threat rests on the Board or the court: Winko, at p. 663. [37] The threshold for significant risk is “onerous”: Carrick (Re), 2015 ONCA 866, 128 O.R. (3d) 209, at para. 17. A significant threat to the safety of the public means a foreseeable and substantial risk of physical or p......
  • Collins (Re), 2018 ONCA 563
    • Canada
    • Court of Appeal (Ontario)
    • June 21, 2018
    ...not amenable to strict proof – the Board is required to exercise its expert judgment based on its evaluation of the evidence: Re Carrick, 2015 ONCA 866, 128 O.R. (3d) 209, at para. 25. [27] As Doherty J.A. noted in Ferguson, this court on review does not decide whether the appellant poses a......
  • R v Kankam, 2022 ABCA 85
    • Canada
    • Court of Appeal (Alberta)
    • March 10, 2022
    ...Institute), [1999] 2 SCR 625, at paras 37-38, 49, 62 [Winko]; R v Jones, 2019 ABCA 313 at paras 21-23, 378 CCC (3d) 77, Carrick (Re), 2015 ONCA 866 at para 17, 128 OR (2d) [25]        Further, it is correct to say that an NCR accused must not be detained f......
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8 firm's commentaries
  • Ontario Court Of Appeal Summaries (March 18-22, 2019)
    • Canada
    • Mondaq Canada
    • April 4, 2019
    ...(Re), 2019 ONCA 219 Keywords: Ontario Review Board, Criminal Law, Assault with a Weapon, Robbery, Conditional Discharges, Carrick (Re), 2015 ONCA 866 CIVIL DECISIONS Machado v. Ontario Hockey Association, 2019 ONCA 210 [Feldman, Hourigan and Huscroft JJ.A.] Counsel: P. Charney, for the movi......
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    • Canada
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    • October 24, 2019
    ...Review Board, Not Criminally Responsible, Discharge, Marchese (Re) 2018 ONCA 307, Hahmoud (Re) 2018 ONCA 317, Carrick (re), 2015 ONCA 866 CIVIL DECISIONS McKitty v. Hayani, 2019 ONCA 805 [Doherty, Miller and Paciocco JJ.A.] Counsel: Hugh R. Scher, for the appellant Erica J. Baron, Christine......
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    • Canada
    • Mondaq Canada
    • February 15, 2019
    ...Health Law, Mental Health Disorder, Substance Abuse Disorder, Uncontroverted, Mental Health Act, R.S.O. 1990, c. M.7, Carrick (Re), 2015 ONCA 866, 128 O.R. (3d) 209 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be ought ab......
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    • LexBlog Canada
    • October 19, 2018
    ...Discharge, Winko v. British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 625, R. v. Owen, 2003 SCC 33, Carrick (Re), 2015 ONCA 866, Wall (Re), 2017 ONCA 713, Pellett (Re), 2017 ONCA 753, Health Care Consent Act, 1996, S.O 1996, c. 2, Schedule A., Criminal Code, ss. 672.55(1), ......
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4 books & journal articles
  • Criminal Code
    • Canada
    • Irwin Books Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...entitled to liberty absent a reasonable inding that the NCR accused poses a signiicant threat to the safety of the public. Carrick (Re) , 2015 ONCA 866 — The “signiicant threat” standard is an onerous one. The Review Board must assess whether the NCR accused remains a “signiicant threat to ......
  • The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
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    • Irwin Books The 2024 annotated mental health provisions of the criminal code - Part XX.1
    • February 27, 2024
    ...entitled to liberty absent a reasonable inding that the NCR accused poses a signiicant threat to the safety of the public. Carrick (Re) , 2015 ONCA 866 — The “signiicant threat” standard is an onerous one. The Review Board must assess whether the NCR accused remains a “signiicant threat to ......
  • 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
    ...to liberty absent a reasonable finding that the NCR accused poses a significant threat to the safety of the public. Carrick (Re), 2015 ONCA 866 — The “significant threat” standard is an onerous one. The Review Board must assess whether the NCR accused remains a “significant threat to the s......
  • "RESORT TO THE EASY ANSWER": GLADUE AND THE TREATMENT OF INDIGENOUS NCRMD ACCUSED BY THE BRITISH COLUMBIA REVIEW BOARD.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 1, September 2021
    • September 10, 2021
    ...See ibid, ss 672.64, 672.81. (97) Ibid, s 672.54. (98) Ranieri (Re), 2015 ONCA 444, at para paras 19-20 [Ranieri]; Carrick (Re), 2015 ONCA 866, at para 15 [Carrick]; Nelson v British Columbia (Adult Forensic Psychiatric Services), 2017 BCCA 40 at para 26 [Nelson]. Previously, the Criminal C......

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