Krivicic (Re), 2018 ONCA 535

JurisdictionOntario
JudgeFeldman, Roberts and Trotter JJ.A.
Citation2018 ONCA 535
Docket NumberC64041
CourtCourt of Appeal (Ontario)
Date11 June 2018
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8 practice notes
  • Court Of Appeal Summaries (December 16 – December 20, 2019)
    • Canada
    • Mondaq Canada
    • 2 January 2020
    ...563, R. v. Ferguson, 2010 ONCA 810, Dunsmuir v. New Brunswick, 2008 SCC 9, Re Foote, 2019 ONCA 731, Re Woods, 2019 ONCA 87, Re Krivicic, 2018 ONCA 535, Winko v. British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 625 G (Re), 2019 ONCA 1009 Keywords: Ontario Review Board, Not ......
  • 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
    • 2 March 2023
    ...actually overestimated risk, led to harsher incarceration conditions, or to the denial of rehabilitative opportunities.103 Krivicic (Re), 2018 ONCA 535 — Results of risk assessment tools, such as the HCR-20V3 used in this case, are only capable of feeding into half of the equation mandated......
  • Criminal Code
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • 28 June 2022
    ...overestimated risk, led to harsher incarceration conditions, or to the denial of rehabilitative opportunities. 118 Krivicic (Re) , 2018 ONCA 535 — Results of risk assessment tools, such as the HCR-20V3 used in this case, are only capable of feeding into half of the equation mandated by sect......
  • Ontario Court Of Appeal Summaries (June 11 – June 15)
    • Canada
    • Mondaq Canada
    • 22 June 2018
    ...Time, Security for Costs, Courts of Justice Act, RSO 1990, c C.43, s 7(5) Criminal and Regulatory/ Review Board Decisions Krivicic (Re), 2018 ONCA 535 [Feldman, Roberts and Trotter JJ.A] Counsel: Jill R. Presser and Jeff Marshman, amici curiae Elvis Krivicic, acting in person Megan Petrie, ......
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4 cases
  • Moore (Re), 2019 ONCA 1003
    • Canada
    • Court of Appeal (Ontario)
    • 19 December 2019
    ...the likelihood of future violence, and not its nature or magnitude”: Re Woods, 2019 ONCA 87, at para. 16; see also Re Krivicic, 2018 ONCA 535, 362 C.C.C. (3d) 490, at para. 60. However, the court has also accepted that, in arriving at a disposition, the Board may consider such actuar......
  • Carrick (Re),
    • Canada
    • Court of Appeal (Ontario)
    • 17 September 2018
    ...The results of these tests are relevant to the risk of reoffending, but not the seriousness or magnitude of that offending: Re Krivicic, 2018 ONCA 535, 362 C.C.C. (3d) 490, at para. Absolute discharge may not and need not be in the best interests of an NCR accused: Ferguson, at para. 45; Wa......
  • Woods (Re), 2019 ONCA 87
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 8 February 2019
    ...as the HCR-20V3 are only capable of predicting the likelihood of future violence, and not its nature or magnitude: see Krivicic (Re), 2018 ONCA 535, at para. 60. As such, standing alone, these measures cannot satisfy the requirements of s. 672.541. However, in this case, the Board considere......
  • Summers (Re),
    • Canada
    • Court of Appeal (Ontario)
    • 8 November 2022
    ...a person represents a significant threat to public safety: see, for example, Hammoud (Re), 2018 ONCA 317, at para. 9; Krivicic (Re), 2018 ONCA 535, 362 C.C.C. (3d) 490, at para. 65; and Marmolejo (Re), 2021 ONCA 130, 155 O.R. (3d) 185, at para. 47. [20]     &#x......
2 firm's commentaries
  • Court Of Appeal Summaries (December 16 – December 20, 2019)
    • Canada
    • Mondaq Canada
    • 2 January 2020
    ...563, R. v. Ferguson, 2010 ONCA 810, Dunsmuir v. New Brunswick, 2008 SCC 9, Re Foote, 2019 ONCA 731, Re Woods, 2019 ONCA 87, Re Krivicic, 2018 ONCA 535, Winko v. British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 625 G (Re), 2019 ONCA 1009 Keywords: Ontario Review Board, Not ......
  • Ontario Court Of Appeal Summaries (June 11 – June 15)
    • Canada
    • Mondaq Canada
    • 22 June 2018
    ...Time, Security for Costs, Courts of Justice Act, RSO 1990, c C.43, s 7(5) Criminal and Regulatory/ Review Board Decisions Krivicic (Re), 2018 ONCA 535 [Feldman, Roberts and Trotter JJ.A] Counsel: Jill R. Presser and Jeff Marshman, amici curiae Elvis Krivicic, acting in person Megan Petrie, ......
3 books & journal articles
  • Criminal Code
    • Canada
    • Irwin Books Annotated Ontario Mental Health Statutes - Fifth edition
    • 28 June 2022
    ...overestimated risk, led to harsher incarceration conditions, or to the denial of rehabilitative opportunities. 118 Krivicic (Re) , 2018 ONCA 535 — Results of risk assessment tools, such as the HCR-20V3 used in this case, are only capable of feeding into half of the equation mandated by sect......
  • 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
    • 27 February 2024
    ...overestimated risk, led to harsher incarceration conditions, or to the denial of rehabilitative opportunities. 109 Krivicic (Re) , 2018 ONCA 535 — Results of risk assessment tools, such as the HCR-20V3 used in this case, are only capable of feeding into half of the equation mandated by sect......
  • 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
    • 2 March 2023
    ...actually overestimated risk, led to harsher incarceration conditions, or to the denial of rehabilitative opportunities.103 Krivicic (Re), 2018 ONCA 535 — Results of risk assessment tools, such as the HCR-20V3 used in this case, are only capable of feeding into half of the equation mandated......

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