Paul Martin Conway

This is Paul Martin Conway on the steps of the Court of Appeal for Ontario on September 9, 2010. The Court of Appeal dismissed his appeal from a 2007 disposition of the Ontario Review Board. Mr. Conway has been detained in the forensic mental health system for 27 years. He is the subject of the Supreme Court of Canada's decision in R. v. Conway where the court found that tribunals, with rare exceptions, have the jurisdiction to apply the Canadian Charter of Rights and Freedoms when exercising their statutory mandate. This is a rare moment of fresh air and freedom as Mr. Conway lost his community and grounds privileges in the late Fall of 2009. If you look carefully, you'll note he is in handcuffs, since the hospital he is detained in took the position that since he doesn't have off-ward privileges, he can't leave the hospital without handcuffs. Prior to that decision, Mr. Conway had been on the hospital grounds and community with staff approximately 160 times without any concern of violence. At the hearing of the appeal, Mr. Conway was released from the cuffs to make his argument before the Court of Appeal and he was returned to handcuffs upon leaving the courtroom.

Mr. Conway had hoped that the court of appeal would hear his appeal where he asserted that the Ontario Review Board erred in failing to consider his Aboriginal background through the receipt of a Gladue report. The court declined to hear the appeal, finding it moot as the Ontario Review Board has commenced a new hearing rendering the issues in the appeal moot.

Mr. Conway's Board hearing is scheduled to resume December 6, 2010.