Sim (Re), 2019 ONCA 719
| Jurisdiction | Ontario |
| Judge | Pardu, Brown and Trotter JJ.A. |
| Citation | 2019 ONCA 719 |
| Court | Court of Appeal (Ontario) |
| Docket Number | C66359 |
| Date | 13 September 2019 |
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14 practice notes
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Ontario Court Of Appeal Summaries (September 9 13 2019)
...SC 1995, c 39, Youth Criminal Justice Act, SC 2002, c 1, R v Mann, 2004 SCC 52, R v KangBrown, 2008 SCC 18 ONTARIO REVIEW BOARD Sim (Re), 2019 ONCA 719 [Pardu, Brown and Trotter Anita Szigeti, for the appellant Megan Petrie, for the respondent, Attorney General of Ontario Marie-Pierre T. Pi......
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Criminal Code
...the risk that substance use would provoke psychosis and risk of violence all created risk of physical harm to the public.” 142 Sim (Re) , 2019 ONCA 719 — The Board’s disposition was unreasonable because it failed to conduct a proper assessment of whether the accused posed a signiicant threa......
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The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
...the risk that substance use would provoke psychosis and risk of violence all created risk of physical harm to the public.” 133 Sim (Re) , 2019 ONCA 719 — The Board’s disposition was unreasonable because it failed to conduct a proper assessment of whether the accused posed a signiicant threa......
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Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...the risk that substance use would provoke psychosis and risk of violence all created risk of physical harm to the public.”127 Sim (Re), 2019 ONCA 719 — The Board’s disposition was unreasonable because it failed to conduct a proper assessment of whether the accused posed a significant threa......
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5 cases
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Sim (Re), 2020 ONCA 563
...had rejected Mr. Sim’s request for an absolute discharge and continued his conditional discharge on reduced conditions: see Sim (Re.), 2019 ONCA 719. This court found that the Board’s decision was unreasonable and ordered a new hearing before a differently constituted panel, “to determine w......
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Yunus-Ali (Re), 2020 ONCA 669
...Analysis [9] As the appellant argues, lack of insight into one’s mental illness is not itself a ground for detention: see Sim (Re), 2019 ONCA 719. Lack of insight is, however, relevant when it is linked to a risk of harm to the public. The Board made such a finding in this case. The Board f......
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Krist (Re), 2019 ONCA 802
...all the relevant factors and conducted an even-handed review of the evidence. As such, the present case is distinguishable from Sim (Re), 2019 ONCA 719 and Sheikh (Re) on which the appellant relies, where the Board erred in its analysis. [10] As required under s. 672.54 of the Criminal Code......
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Abeje (Re), 2019 ONCA 734
...into his medical condition, provided that evidence is assessed in the context of the entirety of the record before the Board: Sim (Re), 2019 ONCA 719, at paras. 20-22. In the present case, the Board accepted Dr. Choptiany’s opinion that Mr. Abeje lacks appropriate insight into his illness: ......
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3 firm's commentaries
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Ontario Court Of Appeal Summaries (September 9 13 2019)
...SC 1995, c 39, Youth Criminal Justice Act, SC 2002, c 1, R v Mann, 2004 SCC 52, R v KangBrown, 2008 SCC 18 ONTARIO REVIEW BOARD Sim (Re), 2019 ONCA 719 [Pardu, Brown and Trotter Anita Szigeti, for the appellant Megan Petrie, for the respondent, Attorney General of Ontario Marie-Pierre T. Pi......
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Court Of Appeal Summaries (October 7 October 11 2019)
...Keywords:Ontario Review Board, Not Criminally Responsible, Sexual Assault, Criminal Code, RSC 1985, Sheikh (Re), 2019 ONCA 692, Sim (Re), 2019 ONCA 719, Winko v British Columbia (Forensic Psychiatric Institute), [1999] 2 SCR 625, R. v Owen, 2003 SCC 33 A. (Re), 2019 ONCA 812 Keywords:Ontari......
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Court Of Appeal Summaries (September 16-20)
...2010 ONCA 810, Winko v British Columbia (Forensic Psychiatric Institute), [1999] 2 SCR 625, Afemui (Re), 2016 ONCA 689, Sim (Re), 2019 ONCA 719, Woods (Re), 2019 ONCA 87, R v Owen, 2003 SCC 33, Gonzalez (Re), 2017 ONCA 102 Foote (Re), 2019 ONCA 731 Keywords: Ontario Review Board, Sufficienc......
4 books & journal articles
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Criminal Code
...the risk that substance use would provoke psychosis and risk of violence all created risk of physical harm to the public.” 142 Sim (Re) , 2019 ONCA 719 — The Board’s disposition was unreasonable because it failed to conduct a proper assessment of whether the accused posed a signiicant threa......
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The 2024 Annotated Mental Health Provisions of the Criminal Code (Part XX.1)
...the risk that substance use would provoke psychosis and risk of violence all created risk of physical harm to the public.” 133 Sim (Re) , 2019 ONCA 719 — The Board’s disposition was unreasonable because it failed to conduct a proper assessment of whether the accused posed a signiicant threa......
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Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)
...the risk that substance use would provoke psychosis and risk of violence all created risk of physical harm to the public.”127 Sim (Re), 2019 ONCA 719 — The Board’s disposition was unreasonable because it failed to conduct a proper assessment of whether the accused posed a significant threa......
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PRESUMED COMPLIANT: CHARTER REVIEW OF STATUTORY GRANTS OF DISCRETION & THE PRESUMPTION OF CONSTITUTIONALITY.
...threatens public safety by allowing released NCR accused to walk the streets freely. (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, s......