2011 QCCA 1329, 2011 QCCA 1329

S.P. c. Administrative Tribunal of Quebec 2011 QCCA 1329 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004866-115 ( SAS-M-144436-0803 ) MINUTES OF THE HEARING DATE: July 8, 2011 CORAM: THE HONOURABLE JACQUES CHAMBERLAND, J.A. JACQUES A. LÉGER, J.A. NICHOLAS KASIRER, J.A. APPELLANT(

S) ATTORNEY(

S) S... P... Mtre Francis Cloutier CLOUTIER, LECLERC RESPONDENT(

S) ATTORNEY(

S) ADMINISTRATIVE TRIBUNAL OF QUEBEC RICHARD BOURGAULT JOSEPH ANGLADE PIERRE HELIE No appearance for the Administrative Tribunal of Quebec IMPLEADED PARTY ATTORNEY(

S) DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS Mtre Dennis Galiatsatos CRIMINAL AND PENAL PROSECUTING ATTORNEY

On appeal from a decision rendered on July 6, 2010 by the Administrative Tribunal of Quebec. NATURE OF THE APPEAL : DEMAND TO REVIEW A DECISION OF THE ADMINISTRATIVE TRIBUNAL OF QUEBEC Clerk: MARC LEBLANC Courtroom: PIERRE-BASILE-MIGNAULT HEARING File continued from July 4 to July 8, 2011. Judgment rendered – see page 3. Marc Leblanc Clerk BY THE COURT JUDGMENT [ 1 ] The Appellant stands charged of sexual assault and criminal harassment, in addition to charges of breaching conditions on three separate dates in July 2009.

[2] On May 3, 2010, Labelle J. (Court of Quebec, Criminal Division) declared the Appellant unfit to stand trial and referred himto the Review Board (for the Province of Quebec, the Tribunal administratif du Québec,

section des Affaires sociales). [3] The disposition hearing was held before the Review Board on July 6, 2010. The Appellant was represented by counsel. Following the testimony of Dr. Jean-Maurice Agier (psychiatrist) and that of the Appellant, the Board concluded that the Appellant wasstill unfit to stand trial, that he constituted a serious risk for the public safety. The Board thus ordered his detention at Jean-TalonHospital, subject to authorized leave by the hospital staff according to his clinical state and treatment plan.

The written reasons of theReview Board were provided on March 18, 2011. [4] The Appellant's notice of appeal is dated February 11, 2011. One of the grounds raised is to the effect that the panelmembers of the Review Board, the psychiatrist who testified and the lawyers took

part in a deceptive scheme against him, as indicatedby certain comments allegedly made during the hearing. This ground of appeal is the only one developed in the exposé filed byAppellant's counsel, the argument being that the Appellant's constitutional right to a fair trial was violated. [5] The difficulty in assessing this ground of appeal is compounded by the fact that the Court was not provided with a transcriptof the hearing held before the Review Board on July 6, 2010. In any event, the ground of appeal is without merit.

There is no reason toconclude that the Appellant did not have a fair hearing before the Review Board. The allegation that the Appellant was the victim of adeceptive scheme is not supported by any concrete evidence. [6] The Court is of the view that the Review Board did not err in holding that the Appellant was still unfit to stand trial and inordering his detention at Jean-Talon Hospital. Dr. Agier's opinion regarding the Appellant's mental condition and needs was notchallenged by that of any other medical expert.

Finally, In matters pertaining to a Review Board's assessment of an accused's mentaldisorder and attendant safety risks, due deference must be given to the Review Board's expertise (R. v. Owen, 2003 SCC 33 ,[2003] 1 S.C.R. 779, at par. 29-40). [7] In view of the above, the Appellant's Motion for Suspension of the Disposition for Detention is without further object. It isto be dismissed. [8] FOR THESE REASONS: [9] DISMISSES the appeal; and [10] DISMISSES the Motion for Suspension of the Disposition for Detention. [11] The whole without costs. JACQUES CHAMBERLAND, J.A. JACQUES A. LÉGER, J.A. NICHOLAS KASIRER, J.A.