Woods (Re), 2019 ONCA 87

JudgeDoherty, Miller and Trotter JJ.A.
CourtCourt of Appeal (Ontario)
Case DateFebruary 08, 2019
JurisdictionOntario
Citations2019 ONCA 87
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13 practice notes
  • Court Of Appeal Summaries (December 16 – December 20, 2019)
    • Canada
    • Mondaq Canada
    • January 2, 2020
    ...SCC 7, Re Collins, 2018 ONCA 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 Keyword......
  • 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
    ...itself.129 The insight of the NCR accused must be assessed in the context of the entirety of the record before the Board.130 Woods (Re), 2019 ONCA 87 — Lack of insight has its place in the overall clinical picture, but it must not dominate the significant threat analysis. This consideratio......
  • Criminal Code
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...144 The insight of the NCR accused must be assessed in the context of the entirety of the record before the Board. 145 Woods (Re) , 2019 ONCA 87 — Lack of insight has its place in the overall clinical picture, but it must not dominate the signiicant threat analysis. This consideration alone......
  • Court Of Appeal Summaries (September 16-20)
    • Canada
    • Mondaq Canada
    • September 26, 2019
    ...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, Sufficiency of Reasons, R v JJR......
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9 cases
  • Moore (Re), 2019 ONCA 1003
    • Canada
    • Court of Appeal (Ontario)
    • December 19, 2019
    ...as HCR-20 “are only capable of predicting 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 ......
  • 2023 ONCA 555,
    • Canada
    • Court of Appeal (Ontario)
    • January 1, 2023
    ...The court does not make its own judgement on the significant threat question or re-weigh the considerations before the board: Woods (Re), 2019 ONCA 87, at para. 14; Carrick (Re), 2015 ONCA 866, 128 O.R. (3d) 209, at para. 24. A decision is reasonable if, having regard to the Board's re......
  • Munezero (Re),
    • Canada
    • Court of Appeal (Ontario)
    • February 7, 2023
    ...“significant threat” assessment: see e.g., Marchese (Re), 2018 ONCA 307, 359 C.C.C. (3d) 408, at paras. 12-14; Woods (Re), 2019 ONCA 87, at para. 15. Here, the Board accepted the hospital record and Dr. Naidoo’s evidence that the appellant’s mental status had bee......
  • Edgar (Re),
    • Canada
    • Court of Appeal (Ontario)
    • August 21, 2023
    ...The court does not make its own judgement on the significant threat question or re-weigh the considerations before the board: Woods (Re), 2019 ONCA 87, at para. 14; Carrick (Re), 2015 ONCA 866, 128 O.R. (3d) 209, at para. 24. A decision is reasonable if, having regard to the Board's re......
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2 firm's commentaries
  • Court Of Appeal Summaries (December 16 – December 20, 2019)
    • Canada
    • Mondaq Canada
    • January 2, 2020
    ...SCC 7, Re Collins, 2018 ONCA 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 Keyword......
  • Court Of Appeal Summaries (September 16-20)
    • Canada
    • Mondaq Canada
    • September 26, 2019
    ...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, Sufficiency of Reasons, R v JJR......
2 books & journal articles
  • 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
    ...itself.129 The insight of the NCR accused must be assessed in the context of the entirety of the record before the Board.130 Woods (Re), 2019 ONCA 87 — Lack of insight has its place in the overall clinical picture, but it must not dominate the significant threat analysis. This consideratio......
  • Criminal Code
    • Canada
    • Annotated Ontario Mental Health Statutes - Fifth edition
    • June 28, 2022
    ...144 The insight of the NCR accused must be assessed in the context of the entirety of the record before the Board. 145 Woods (Re) , 2019 ONCA 87 — Lack of insight has its place in the overall clinical picture, but it must not dominate the signiicant threat analysis. This consideration alone......

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