Re: Christopher Xavior Murray
ORB File No: 5843
Hearing held on: Monday, September 15, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg.
Members: Dr. L. Ramshaw Dr. C. Rose Ms. C. Fromstein Mr. A. Bouvier
Parties Appearing:
Accused: Christopher Xavior Murray Counsel: Mr. U. Agostino
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Mr. T. Jukes
REASONS FOR DISPOSITION
(Dated October 7, 2025)
Introduction
On April 5, 2011, Christopher Xavior Murray was found not criminally responsible (“N.C.R.”) on account of mental disorder on three charges of assault. Mr. Murray is currently subject to a Disposition of the Ontario Review Board dated September 25,2024 by which he was ordered to be detained at the Secure Forensic Unit of the Thunder Bay Regional Health Sciences Centre, Thunder Bay (“the Hospital”). The Disposition provides privileges up to and including the ability to live in Ontario in accommodation approved by the person in charge.
On Monday, September 15th, 2025, the Ontario Review Board convened a hearing at the Hospital and conducted Mr. Murray’s annual review.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board. Ms. Davidson appeared for the Hospital. She advised of the Hospital position that Mr. Murray remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate disposition is continuation of a Detention Order with the exact same provisions as set out in last year’s Disposition.
Mr. Jukes appeared for the Crown Attorney. Mr. Jukes supported the Hospital’s recommendation.
Mr. Agostino appeared for Mr. Murray. Mr. Agostino advised that his client does not oppose the Hospital’s recommendation.
Index Offences:
- The circumstances surrounding the index offence are articulated in last year’s reasons as follows:
“On August 1, 2010, Mr. Murray was a patient in the Adult Mental Health ward of the Thunder Bay Regional Health Sciences Centre for over a year. He had a history there of being violent to staff and other patients.
In the early morning hours of August 1, 2010, Mr. Murray became agitated, requiring several nurses to respond. When one of these nurses (Darren Defeo) entered his room and asked what was wrong, Mr. Murray lunged off his bed and attacked Defeo, grabbing him about the face, neck, and upper body. Two other nurses came to Defeo’s assistance to try to hold down Murray, who was trying to bite and spit. Nurse Kim Gross (ph) was kicked in the head and right temple, and Connie Wilson (ph) was also kicked in the head. Neither required medical attention. However, Defeo required medical attention for quite severe scratches on his face and neck.
Mr. Murray was physically restrained by security staff and given chemical restraints by injection.
Although there was a history of some violence while Mr. Murray was in hospital prior to the index offences, he has no previous criminal convictions.”
Evidence at Hearing
- The Board admitted into evidence the hospital report dated August 12, 2025. The hospital report provides a great deal of information concerning Mr. Murray, his personal history, his mental health history, details of the index offence, and Murray’s course in hospital and in the community, subsequent to the date of the original N.C.R. finding. As the hospital report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the hospital report in these reasons. We do note, however, the stated diagnoses of:
Autism Spectrum Disorder (pervasive)
Developmental Disorder (not otherwise specified)
In addition to the hospital report, the Board heard from Dr. Schubert.
Mr. Murray is 34 years old. Dr. Schubert has been following Mr. Murray for the last 14 and a half years. Mr. Murray has basically been residing in hospital since he was 12 years old, save and except for a six-month placement in 2018 in a group home. Unfortunately, that placement was not successful, and Mr. Murray was returned to hospital.
Mr. Murray has some language difficulties. Mr. Murray has difficulty interpreting the speech and statements of other people. On occasion, he displays emotional dysregulation. There had been a period of time when Mr. Murray was experiencing significant psychotic symptoms. Mr. Murray, however, responded well to medication and this issue has been under control for approximately the last five years.
There remain occasions when Mr. Murray becomes very suspicious of particular staff members and there have been occasions that when unwell, Mr. Murray will lose his speech and start growling at staff members and on occasion chasing staff members and spitting on staff members. This is one of the main reasons why the doctor and the clinical team conclude that Mr. Murray remains a significant threat to public safety. There are also issues in hospital whereby Mr. Murray will taunt some of the Indigenous patients in the hospital.
Mr. Murray has been on a wait list for Developmental Services Ontario (“D.S.O.”) housing. He is also on a wait list for housing at St. Joseph’s Care Group. Dr. Schubert was told by a representative at D.S.O. that Mr. Murray’s case has “high priority.” Dr. Schubert is aware of another patient of his who waited eight years before finally being placed in a D.S.O. facility.
In response to a question from Mr. Jukes, Dr. Schubert advised that one day per week, Mr. Murray takes the bus to school on his own, and for all intents and purposes, he is a regular student at that school on that day. Dr. Schubert stated that there have been no inappropriate incidents by Mr. Murray at the school.
Dr. Schubert also opined that the team has significant reservations about Mr. Murray’s ability to live and function on his own.
No other evidence was heard at this hearing.
Submissions
At the conclusion of the evidence, the parties were canvassed as to their positions. Ms. Davidson submits that Mr. Murray is a significant threat to public safety and that the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms set out last year. Mr. Jukes agreed, and Mr. Agostino also agreed.
After canvassing the members, the Alternate Chair advised that this panel did not require submissions, although any counsel could do so if they chose. Ms. Davidson chose not to make further submissions, as did Mr. Agostino. Mr. Jukes simply noted that it is a matter of great frustration that Mr. Murray has not yet been placed in appropriate D.S.O. housing
Findings of the Board
This panel has no hesitation accepting Dr. Schubert’s evidence and the evidence contained in the hospital report. We accept the evidence that Mr. Murray remains a significant threat to public safety. We accept the evidence that a Detention Order is both necessary and appropriate. This panel shares the frustration of the Hospital and the Crown that a placement within a facility operated by D.S.O. has not yet been located. We hope, given the statement that Mr. Murray is on a priority list, that a placement will be found in the near future.
In reaching our decision, the Board has considered public safety, Mr. Murray’s community reintegration, his mental condition, and his other needs, as required by s. 672.54 of the Code.
DATED this 7th day of October 2025, at the City of Toronto, in the Toronto Region.
J. Goldenberg,
Alternate Chairperson
Office of the Registrar
Ontario Review Board