Case information
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40723
Mavis Alexander v. Attorney General of Ontario, et al.
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-09-21 | Close file on Leave | |
| 2023-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-09-21 | Judgment on leave sent to the parties | |
| 2023-09-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-CR-0186, 2023 ONCA 176, dated March 16, 2023, is dismissed. Dismissed |
|
| 2023-08-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-07-21 | Notice of change of solicitor | Attorney General of Ontario |
| 2023-06-12 | Applicant's reply to respondent's argument, (Letter Form), Joint reply, Completed on: 2023-06-13, (Printed version filed on 2023-06-13) | Mavis Alexander |
| 2023-06-09 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-06-12) | Attorney General of Ontario |
| 2023-06-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-06-13, (Printed version filed on 2023-06-15) | Attorney General of Ontario |
| 2023-06-08 | Notice of name, (Printed version due on 2023-06-15) | Person in Charge of the Center for Addiction and Mental Health |
| 2023-06-08 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-06-08) | Person in Charge of the Center for Addiction and Mental Health |
| 2023-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Missing Form 14, Completed on: 2023-06-08, (Printed version filed on 2023-06-08) | Person in Charge of the Center for Addiction and Mental Health |
| 2023-05-11 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on May 11, 2023 | |
| 2023-05-09 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2023-05-16) | Mavis Alexander |
| 2023-05-09 | Application for leave to appeal, (Book Form), Completed on: 2023-05-09, (Printed version filed on 2023-05-09) | Mavis Alexander |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Alexander, Mavis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Respondent | Active |
| Person in Charge of the Center for Addiction and Mental Health | Respondent | Active |
Counsel
Party: Alexander, Mavis
Counsel
Carter Martell
400 University Avenue
Suite 2001
Toronto, Ontario
M5G 1S5
Telephone: (416) 504-6544
FAX: (416) 204-9562
Email: anita@asabarristers.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Ontario
Counsel
Crown Law Office Criminal
720 Bay Street, 10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: EserviceCLOC@ontario.ca
Party: Person in Charge of the Center for Addiction and Mental Health
Counsel
Michele Warner
1001 Queen Street West, Unit 3, 4th Floor
Toronto, Ontario
M6J 1H4
Telephone: (416) 535-8501 Ext: 30545
FAX: (416) 583-4319
Email: leisha.senko@camh.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Criminal law — Mental disorder — What is the scope of the Ontario Review Board’s obligation to oversee the treatment and rehabilitation of a not criminally responsible accused — Can the Board only consider what is likely to happen in the upcoming year or are there other future considerations to take into account — Can a Board impose restrictive dispositions in the absence of countervailing public safety concerns — Can a Board impose a restrictive disposition which will restrict an accused’s liberty, delay their reintegration into the community, in the absence of identifiable risks to public safety which would make the restriction necessary?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant was charged with arson, and disregard for human life. On November 27, 2008, she was found not criminally responsible. Her treating psychiatrist testified that her mental state is very fragile, she is at high risk of decompensation and remains a significant threat to the public. The applicant appealed the disposition of the Ontario Review Board (the “Board”), ordering that she continue to be detained at the Women’s General Forensic Unit of the Centre for Addiction and Mental Health and providing that the person in charge may, in his or her discretion, permit the applicant hospital and grounds privileges, escorted by staff, and to enter the community, escorted by staff. The Court of Appeal dismissed her appeal.
Lower court rulings
Ontario Review Board
5224
Ruling: detention order remains necessary, it was not appropriate to include indirectly supervised privileges or community living in the disposition
Court of Appeal for Ontario
2023 ONCA 176, COA-22-CR-0186
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available