Re: Kelvin Johnston, 2025 CanLII 100341

Ontario Review Board

Re: Kelvin Johnston

ORB File No: 6909

Hearing held on: Thursday, August 21, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. S. Lessard Dr. R. Cormier Mr. P. Capelle Mr. A. Bouvier

Parties Appearing:

Accused: Kelvin Johnston Counsel: Mr. P. Azzi

Person in charge of hospital: Representative: Dr. J. Gojer

Attorney-General of Ontario: Counsel: Mr. J. Wright

REASONS FOR DECISION

(Dated September 19, 2025)

Introduction

1On February 10, 2016, the accused, Mr. Kelvin Johnston, was found not criminally responsible on account of mental disorder on charges of uttering threats to cause death and interference with the lawful use of property, all contrary to the Criminal Code of Canada ("Criminal Code"). Mr. Johnston is currently subject to a Disposition of the Ontario Review Board dated August 11th, 2025, which detains him at the secure forensic unit of the hospital with terms and conditions up to and including to live in the community in supervised accommodation approved by the person in charge.

2By letter dated July 30th, 2024, the hospital notified the Ontario Review Board that Mr. Johnston had been transferred from the Forensic Rehabilitation Unit to the Forensic Assessment Unit thereby constituting a restriction of liberty.

3On August 21st, 2025, the Board convened a hearing to review that restriction of liberty pursuant to s. 672.81(2.1) of the Criminal Code. Mr. Johnston was present and represented by counsel, Mr. Peter Azzi. Also in attendance was Mental Health Worker Ms. Kawthar Mohsen.

4The issues for this hearing are whether the restriction of Mr. Johnston's liberty by admission to hospital was warranted and reasonable in the circumstances and whether it continues to be.

Without Prejudice Position of the Parties

5Dr Gojer stated that the restriction of liberty which began on July 22nd, 2025, remains necessary and appropriate to the date of this hearing. Mr. Wright anticipated agreeing with the hospital position whereas Mr. Aziz reserved until having heard the evidence. At the conclusion of the evidentiary portion of this hearing, both Mr. Wright and Mr. Aziz joined the hospital's position.

Evidence at the Hearing

6As the only issue before the Board was the restriction of Mr. Johnston's liberty there is no need to repeat the details of the index offences or Mr. Johnston's personal, criminal, and psychiatric history. These are set out in the May 30th, 2025, Hospital Report entered as Record Item 6 and within the Reasons for Disposition dated August 11th, 2025, entered as Record Item 5.

7Dr. Gojer advised that Mr. Johnston continues to have a serious problem with stimulant abuse. Over the last two years, despite ongoing counselling he has used every one to two months resulting in a loss of privileges.

8This restriction of liberty was precipitated by Mr. Johnston's frustration from failed attempts to be admitted to two Ottawa group homes. As a result, Mr. Johnston refused Clozapine for a day. Because his mental state deteriorates quickly, absent Clozapine compliance, the decision was taken to move him from the Forensic Rehabilitation Unit (FRU) to the Forensic Assessment Unit (FAU). The move to the FAU was pre-emptive, to prevent aggression Once transferred to the FAU, Mr. Johnston quickly agreed to a 450 mgs daily dose of Clozapine, lowered from 600 mg daily and seems to have stabilized despite experiencing auditory hallucinations on the lower dose. No other change in presentation has been noted since the dosage reduction.

9Dr. Gojer would have transferred Mr. Johnston back to the FRU as of August 11th if there were a bed available. Dr. Gojer may yet have Mr. Johnston jump the queue and transfer him with some urgency to the FRU.

10To his credit, Mr. Johnston now recognizes the severity of his substance use problem.

11An application has been initiated to the Serentiy House Residential Treatment Program and Dr. Gojer anticipates that he will get a bed there. An interview is scheduled for August 25th. Mr. Johnston will continue to see Ms. Chan if discharged to Serenity House. It was noted that he has never had CBT for Psychosis in the past.

12Responding to questions from Mr. Wright, Dr. Gojer agreed that substance use was the primary rationale for the decision to transfer Mr. Johnston to the FAU. Additionally, Mr. Johnston began talking about not wanting to take his Clozapine. Dr. Gojer felt that keeping Mr. Johnston on the FRU after he used stimulants and unmedicated constituted too high a risk to staff.

13Mr. Johnston is now on target to begin CBT for Psychosis with psychotherapist Ms. Levia Chan. Addressing the reduction to Mr. Johnston's prescribed Clozapine dosage, Dr. Gojer noted that there is a fine balance in identifying the lowest therapeutic dose of Clozapine which can serve as a deterrent to the use of stimulants. Dr. Gojer added that Mr. Johnston was switched to a long-acting formulation of Abilify prior to his July 22nd transfer to the FAU. Mr. Johnston has also agreed to trial a higher dosage of Fluoxetine to address his compulsive desire to use substances.

14Responding to questions from Mr. Aziz, Dr. Gojer agreed that it was thought that the upcoming move to the community would be a motivating factor for Mr. Johnston not to use substances. Dr. Gojer noted that when his patient learned on July 22nd that he would be transferred to the FAU he went out onto hospital grounds to ingest some cannabis.

15Mr. Johnston will continue to see Psychotherapist Levia Chan if discharged to Serenity House. It was noted that he has never previously received Cognitive Behavioural Therapy for Psychosis.

16Responding to questions from the panel, Dr. Gojer agreed that were a bed available on the FRU Mr. Johnston would now be enjoying level 3 privileges and likely elevated to level 6 privileges fairly quickly. Dr. Gojer noted that his patient's risk relates to the making of threats. Dr. Gojer added that if Mr. Johnston remains compliant with his prescribed medications and remains abstinent from substances, he may be close to receiving an absolute discharge.

17Mr. Johnston stated that on July 25th he made the decision that he was sick of drugs, wants to stay sober and will dedicate himself to long term sobriety. Dr. Gojer commented that these types of comments have not been heard from Mr. Johnston the past.

Closing Observations

18There are administrative reasons why Mr. Johnston cannot be moved to the FRU at this time. Doctor Gojer is optimistic that a discharge to Serenety House is imminent.

19Mr. Wright noted that every effort is being made to move Mr. Johnston from the FAU, either to Serenity House or to the FRU.

20Mr. Aziz submitted that it is unfortunate that his client could have been moved to the FRU some ten days ago when he was deemed suitable for the move. What is motivating is that a discharge to Serenity House is in the works and that if Mr. Johnston does well, he may be appropriate for an absolute discharge.

Deliberations

• Serenity house he can stay from 3 months to a year.
• Restriction no longer warranted.
• Only has interview with Serenity House on August 25th,
• Liberty interest compromised; has right to be on the FRU and not enjoying equivalent privileges at present.

Analysis and Decision

[21] Mr. Johnston's Schizoaffective Disorder continues to be complicated by:

• Stimulant Use Disorder
• Anxiety disorder NOS

22Notwithstanding counselling/programming provided over the past 24 months Mr. Johnston has repeatedly breached the term of his Disposition that he abstains from the non-medical use of alcohol, drugs or any intoxicant. He has repeatedly relapsed vis-à-vis the use substances at intervals of every 4 to 8 weeks.

23This July 22nd restriction was precipitated by Mr. Johnston's use of substances in tandem with increased frustration arising from the refusal of two different Ottawa group homes to accept him. He subsequently declined his daily Clozapine tablet. Historically, Mr. Johnston's fragile mental stability decompensates quickly in instances of medication non-compliance.

24Having carefully considered the evidence contained in the Hospital Report, the testimony of Dr. Gojer and the joint position of the parties this Panel of the Board finds that the hospital's July 22nd 2025 decision to significantly increase the restrictions on the liberty of Mr. Johnston was warranted in order to fully stabilize his mental status and safely manage his risk of harm to others.

[25] However, considering Dr. Gojer's evidence that:

• he would have transferred Mr. Johnston back to the FRU as of August 11th if there were a bed available.
• were a bed available on the FRU Mr. Johnston would now be enjoying level 3 privileges and likely elevated to level 6 privileges quickly.

Mr. Johnston's continued placement on the FAU after August 11th, 2025, no longer constitutes the least onerous and least restrictive placement.

26In making this Disposition, the Board considered the submissions together with the joint position of the parties and the evidence of Dr. Gojer and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and also considered the need to protect the public from dangerous persons, Mr. Johnston's mental condition, his reintegration into society and other needs.