Decision January 26

Justice Smith - Reasons for Decision

Injunction Decision

Ontario Superior Court Justice Smith rendered his decision on the injunction filing September 29, 2005.

The effect of his decision is a stay on transfers out of Rideau Regional Centre for the next 90 days. What this means is that no resident can be discharged without the express consent of a parent or guardian.

He has also referred the Province's decision to close Rideau to Divisional Court for a judicial review. The judicial review will determine if Cabinet has the right to close Rideau Regional. Brenda Hollingsworth in her closing summation referred to the Developmental Services Act which states the Minister may establish, operate and maintain one or more facilities but does not incude any mention of the ability to close.

Three superior court judges will be sitting as an appeal panel to hear arguments from Brenda Hollingsworth, who is counsel for the plaintiff James Gray, counsel representing the Public Guardian and Trustee and the Crown.

No date nor location has been set for this appeal, however it may be held in Ottawa and will be open to the public.