Marchese (Re), 2018 ONCA 307
| Jurisdiction | Ontario |
| Judge | Watt, Brown and Huscroft JJ.A. |
| Citation | 2018 ONCA 307 |
| Date | 27 March 2018 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C63703 |
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20 practice notes
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Criminal Code
...that the Board failed to apply the proper test for “signiicant threat to the safety of the public” to the evidence. 137 Marchese (Re) , 2018 ONCA 307 — Although the Board’s inding that the accused remained a signiicant threat to the public’s safety was reasonable based on the evidence, the ......
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The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
...55–57 [ Medcof ]. 127 Ibid. at para. 26. 128 Hammoud (Re) , 2018 ONCA 317 at paras. 8–9. 5555 s 672.5401 Criminal Code Marchese (Re) , 2018 ONCA 307 — Although the Board’s inding that the accused remained a signiicant threat to the public’s safety was reasonable based on the evidence, the B......
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Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...that the Board failed to apply the proper test for “significant threat to the safety of the public” to the evidence.122 Marchese (Re), 2018 ONCA 307 — Although the Board’s finding that the accused remained a significant threat to the public’s safety was reasonable based on the evidence, th......
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Court Of Appeal Summaries (October 7 October 11 2019)
...625, R. v Owen, 2003 SCC 33 A. (Re), 2019 ONCA 812 Keywords:Ontario 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.]......
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15 cases
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Blake (Re),
...273 C.C.C. (3d) 512, at para. 26; Coburn (Re), 2016 ONCA 536, at para. 19; Munezero (Re), 2017 ONCA 585, at paras. 4-9; Marchese (Re), 2018 ONCA 307, 359 C.C.C. (3d) 408, at paras. 19-23; Valdez (Re), 2018 ONCA 657, at paras. 21-24; Leger (Re), 2018 ONCA 1035, at paras. 9-14; Negash (Re), 2......
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R v. Jones, 2019 ABCA 313
...American Dictionary 1115 (3d ed. 2010) (“extremely small; tiny: a minuscule fragment of DNA”) (emphasis in original). [72] Re Marchese, 2018 ONCA 307, ¶ 9; 359 C.C.C. 3d 408, 411 (“The Board’s reasons must clearly deal with the likelihood of a risk materializing and the seriousness of the h......
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Marmolejo (Re),
...In every case, the Board is required to explain why the disposition is necessary and appropriate in the circumstances: Marchese (Re), 2018 ONCA 307, 359 C.C.C. (3d) 408, at para. 16. A cursory consideration of the question of significant risk will not suffice where an individual’s liberty i......
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Esgin (Re), 2019 ONCA 155
...task is hampered by the Board's reasons, which are sparse in their consideration of the least onerous/restrictive test: Marchese (Re), 2018 ONCA 307, 359 C.C.C. (3d) 408, at paras. [18] In my view, the Board’s decision is unreasonable. [19] The Board was right to be concerned that Mr. Esgin......
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1 firm's commentaries
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Court Of Appeal Summaries (October 7 October 11 2019)
...625, R. v Owen, 2003 SCC 33 A. (Re), 2019 ONCA 812 Keywords:Ontario 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.]......
4 books & journal articles
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Criminal Code
...that the Board failed to apply the proper test for “signiicant threat to the safety of the public” to the evidence. 137 Marchese (Re) , 2018 ONCA 307 — Although the Board’s inding that the accused remained a signiicant threat to the public’s safety was reasonable based on the evidence, the ......
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The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
...55–57 [ Medcof ]. 127 Ibid. at para. 26. 128 Hammoud (Re) , 2018 ONCA 317 at paras. 8–9. 5555 s 672.5401 Criminal Code Marchese (Re) , 2018 ONCA 307 — Although the Board’s inding that the accused remained a signiicant threat to the public’s safety was reasonable based on the evidence, the B......
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Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...that the Board failed to apply the proper test for “significant threat to the safety of the public” to the evidence.122 Marchese (Re), 2018 ONCA 307 — Although the Board’s finding that the accused remained a significant threat to the public’s safety was reasonable based on the evidence, th......
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PRESUMED COMPLIANT: CHARTER REVIEW OF STATUTORY GRANTS OF DISCRETION & THE PRESUMPTION OF CONSTITUTIONALITY.
...(171) Sim (Re), 2020 ONCA 563 [Sim, 2020]; Sim (Re), 2019 ONCA 719 [Sim, 2019]; Hammoud(Re), 2018 ONCA 317 [Hammoud]; Marchese (Re), 2018 ONCA 307 [Marchese]; Criminal Code, supra note 115, s (172) Winko, supra note 29 at paras 49-62, 69. (173) Marchese, supra note 171 at para 8; Hammoud, s......