Pellett (Re), 2017 ONCA 753
| Jurisdiction | Ontario |
| Judge | Laskin, Pepall and Trotter |
| Subject Matter | CRIMINAL LAW,CIVIL RIGHTS |
| Citation | 2017 ONCA 753 |
| Docket Number | C63128 |
| Court | Court of Appeal (Ontario) |
| Date | 28 September 2017 |
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15 practice notes
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Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...to liberty absent a reasonable finding that the NCR accused poses a significant threat to the safety of the public. Pellett (Re), 2017 ONCA 753 — Evidence of non-compliance with medication should not be improperly extrapolated by the Board to support its conclusion that the appellant poses......
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Criminal Code
...entitled to liberty absent a reasonable inding that the NCR accused poses a signiicant threat to the safety of the public. Pellett (Re) , 2017 ONCA 753 — Evidence of non-compliance with medication should not be improperly extrapolated by the Board to support its conclusion that the appellan......
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BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (OCTOBER 15 – 19, 2018)
...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), 672.54(a), 672.5401, and 672.78(1) CIVIL DECISIONS Fontaine......
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Ontario Court Of Appeal Summaries (September 25 September 29, 2017)
...for Mental Health Sciences Keywords: Ontario Review Board, Mental Health Law, Detention, Fresh Evidence, Appeal Dismissed Pellett (Re), 2017 ONCA 753 [Laskin, Pepall and Trotter Ken J. Berger, for the appellant Rosemary Pellet Erica Whitford, for the respondent Attorney General of Ontario G......
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9 cases
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Marmolejo (Re),
...at para. 8. The threat must be more than speculative in nature; it must be supported by evidence: Winko, at p. 665; Pellett (Re), 2017 ONCA 753, 139 O.R. (3d) 651, at para. 21. (3) The Disposition of the Board – Significant Threat [38] As explained above, the Board’s conclusion on the signi......
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Collins (Re), 2018 ONCA 563
...on the appellant’s history of violence as part of its expert determination: Re Medcof, 2018 ONCA 299, at para. 55. Unlike Re Pellett, 2017 ONCA 753, 139 O.R. (3d) 651, upon which the appellant also relied, the appellant’s violence was not a “one-off” incident, but a pattern of behaviour. [3......
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R v Edama,
...justify his continued supervision under Part XX.1 of the Code: Sim (Re), 2020 ONCA 563 at para 65, [2020] OJ No 3808 (QL), Pellett (Re), 2017 ONCA 753 at para 32, [2017] OJ No 5025 (QL), citing R v Ferguson, 2010 ONCA 810 at para 45, 264 CCC (3d) 451. The Review Board is tasked not only to ......
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Krivicic (Re), 2018 ONCA 535
...risk. However, whether the appellant would act out in a way contemplated by s. 672.54 was a matter of pure speculation: see Re Pellett, 2017 ONCA 753, 139 O.R. (3d) 651. In fact, Dr. Chan expressed doubts that any problems the appellant could possibly have would rise to criminal conduct or ......
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4 firm's commentaries
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BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (OCTOBER 15 – 19, 2018)
...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), 672.54(a), 672.5401, and 672.78(1) CIVIL DECISIONS Fontaine......
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Ontario Court Of Appeal Summaries (September 25 September 29, 2017)
...for Mental Health Sciences Keywords: Ontario Review Board, Mental Health Law, Detention, Fresh Evidence, Appeal Dismissed Pellett (Re), 2017 ONCA 753 [Laskin, Pepall and Trotter Ken J. Berger, for the appellant Rosemary Pellet Erica Whitford, for the respondent Attorney General of Ontario G......
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Recent Court Of Appeal Decisions Highlight Importance Of Evidence On 'Significant Threat'
...It is not a reason to deny the appellant an absolute discharge on so general basis. [italics in original, bold added] Pellett (Re), 2017 ONCA 753 In (Re) Pellett, the accused suffered from schizophrenia, with a recurring pattern of hospitalization, treatment, release, de-compensation, relap......
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Ontario Court Of Appeal Summaries (October 15 19, 2018)
...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), 672.54(a), 672.5401, and The content of this article is int......
2 books & journal articles
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Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...to liberty absent a reasonable finding that the NCR accused poses a significant threat to the safety of the public. Pellett (Re), 2017 ONCA 753 — Evidence of non-compliance with medication should not be improperly extrapolated by the Board to support its conclusion that the appellant poses......
-
Criminal Code
...entitled to liberty absent a reasonable inding that the NCR accused poses a signiicant threat to the safety of the public. Pellett (Re) , 2017 ONCA 753 — Evidence of non-compliance with medication should not be improperly extrapolated by the Board to support its conclusion that the appellan......