Great shot. This is a merlin; note the eye stipe, and the distinct breast and tail patterns. Kestrel is much more finely streaked on the breast and doesn't show a think dark terminal band.
Thanks for using one of my images and the kind comments. I agree, this is a Merlin and was identified as such in my original web posts. Not common, and this has been my only sighting of him. Kestrels were much more common, especially during the winter. Many more of my images of birds from Colonel Samuel Smith, Humber Bay ans other parks in the GTA can be seen at www.richarddubiel.zenfolio.comRegards,Richard