R v Colles, 2021 MBCA 96
Opinion
Citation: R v Colles, 2021 MBCA 96 Date: 20211110 Docket: AR21-30-09625 IN THE COURT OF APPEAL OF MANITOBA Coram: Madam Justice Diana M. Cameron Mr. Justice William J. Burnett Madam Justice Lori T. Spivak BETWEEN : HER MAJESTY THE QUEEN ) G. B. Hawrysh ) for the Appellant Respondent ) ) M. E. Carlson - and - ) for the Respondent ) blair richard colles ) Appeal heard and ) Decision pronounced: (Accused) Appellant ) November 10, 2021 cameron JA (for the Court) : [ 1 ] The appellant appeals the disposition order of the Review Board (the Board) made pursuant to
section 672.54 (
b) of the Criminal Code . He argues that the disposition was unreasonable and seeks an absolute discharge. Alternatively, he suggests that this Court could refer the matter back to the Board for reconsideration. [ 2 ] The Board comprehensively considered the appellant’s entire history in concluding that, in light of (
a) his major mental disorder, (
b) the relatively short period that he had been sober, (
c) the ability of illicit substance use to induce an onset of psychosis in him, and (
d) the psychotic symptoms that he experiences when his mental condition decompensates, he continued to constitute a significant risk to the safety of the public. They were satisfied that an absolute discharge “[was] not appropriate at [the] time and that it [was] reasonable and desirable that [the appellant] continue to be discharged upon conditions.” [ 3 ] Having carefully considered the record and the written and oral submissions of counsel, we are not persuaded that the Board’s risk assessment and disposition order was unreasonable. [ 4 ] For the foregoing reasons, the appeal is dismissed. JA JA JA
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