Ontario Review Board
Re: Annette Wester
ORB File No: 6095
Hearing held on: Friday September 5, 2025
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. R. Kunjukrishnan
Dr. W. Loza
Ms. M. den Haan
Ms. R. MacIntyre
Parties Appearing:
Accused: Annette Wester
Counsel: Ms. M. Munsterman
Person in charge of hospital: Representative: Dr. A. Alabi
Attorney-General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated October 14, 2025)
Introduction
On April 4, 2012, the accused, Annette Wester, was found not criminally responsible on account of mental disorder on a charge of mischief – not exceeding $5,000, contrary to the Criminal Code of Canada (Criminal Code). Ms. Wester is currently subject to an Ontario Review Board Disposition of August 30th, 2024, which detains her at the secure forensic unit of the Brockville Mental Health Centre with privileges up to and including to live in the community in accommodation approved by the person in charge.
On September 4th, 2025, the Ontario Review Board convened a hearing at the Brockville Mental Health Centre, hereinafter referred to as the Hospital, to conduct Ms. Wester’s annual review hearing.
Ms. Wester attended the hearing and was represented by counsel, Ms. Munsterman. A hospital report dated August 25th, 2025, was entered as Exhibit 1.
Without Prejudice Position of the Parties
Dr. Alabi advised that no changes were being sought to the current Detention Disposition, and that Ms. Wester continues to represent a significant threat to public safety.
Both Mr. Schultz, on behalf of the Attorney-General, and Ms. Munsterman, on behalf of Ms. Wester, joined in the hospital’s recommendation. The hearing thereby proceeded by way of a joint position.
Preliminary Matter
- It was noted that panel member Dr. Kunjukrishnan had treated Ms. Wester as her attending psychiatrist from 2000 to 2010. Both Ms. Munsterman, after consulting with Ms. Wester, as well as Mr. Schultz advised that they had no issue with this psychiatrist’s participation.
Index Offences
- Last year’s Reasons for Disposition outlines the index offences as follows:
“On Wednesday the 29th of February 2012 at approx 1900 the accused Annette WESTER 77-11-18, had a violent schizophrenic/psychotic episode. Annette was not involved in any specific incident to trigger the outburst of anger. Annette started to break and throw items in her room. The staff at the Cornerstone Family Shelter, where Annette is presently residing, attempted to calm her down with negative results. Annette yelled at them ‘Fuck you, get out of here’. Furthermore, Annette proceeded to the main floor area and started throwing dishes from the kitchen. The staff had to evacuate all residents from the main floor for their safety. Annette then proceeded to the living room area where she broke a table and threw the entire entertainment centre on the ground (large flat screen TV, digital box and DVD player). The damage was quite extensive and will amount to at least $1500. Staff at the Cornerstone Shelter contacted police. Cst. Poirier arrived on scene and arrested Annette for Mischief and will request that Annette be held for show cause and psychiatric evaluation. Cst. Poirier read Annette’s rights to counsel, caution and 524. Cst. Poirier facilitated contact with Annette’s duty counsel Marni MUNSTERMAN. Annette was subsequently lodged in cell #47.”
Current Diagnoses
- Ms. Wester’s current diagnoses are:
Schizoaffective Disorder – Bipolar Type
Unspecified Substance Use Disorder – in full remission
Borderline Personality Disorder
Hypothyroidism
Obesity
Asthma
Evidence at the Hearing
The Board admitted into evidence the Hospital Report dated August 25th, 2025 (Exhibit 1). The document provides a great deal of information concerning Ms. Wester’s personal history, mental health history as well as her course in hospital and in the community both prior to and subsequence to the index offences. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.
Dr. Alabi advised there had been 20-30 incidents of aggression documented this reporting year. Nevertheless, Ms. Wester is an incredible lady who continues to work hard in the context of the structure that had been put in place to transition her to the community.
Responding to questions from Mr. Schultz, Dr. Alabi agreed that his patient struggles with medication compliance in the morning, adding that this may impact her stability throughout the day. Auditory hallucinations and intrusive thoughts cause her distress. Counselling has been ongoing for many years by the same therapist. That consistency has been helpful.
DD-TRYP home options are limited as Ms. Wester would prefer to remain in the Brockville area. The hospital is looking for local appropriate housing; however, Ms. Wester requires a period of stability before she could be transitioned in the upcoming reporting year. Dr. Alabi added that Ms. Wester will require housing with 24-7 supervision. Therefore, due diligence is essential in ensuring her placement at a home where she feels she could live successfully.
There have been no concerns with substance abuse in the past year. The treatment plan for the year ahead is to work proactively to identify any anniversaries that may be triggering for Ms. Wester, as these previously led to emotional dysregulation and medication refusal.
Responding to questions from Ms. Munsterman, Dr. Alabi agreed that his patient has commenced and is enjoying bi-weekly participation in a volunteer program with horses which is expected to continue.
Ms. Wester’s presentation no longer involves the severity of altercations and aggression that occurred in previous years. She remains reliant on the treatment team for support and assistance.
To date, Dr. Alabi is unaware whether the treatment team has looked at possible placement in smaller communities east of Ottawa. This type of investigation is ordinarily done by the social worker on the treatment team.
A panel member noted that the Hospital Report references incident of depression and suicidal thoughts. Dr. Alabi advised that these wax and wane, adding that Ms. Wester is very open to staff in discussing these issues. If Ms. Wester was to receive an absolute discharge at this juncture, Dr. Alabi described the possibility as “catastrophic.”
Closing Submissions
- Dr. Alabi advised that Ms. Wester continues to present a significant risk to public safety, and the risk remains properly managed pursuant to a Detention Disposition. That recommendation was joined by Mr. Schultz who added that significant threat is made out due to ongoing breakthrough symptoms and numerous reported incidents. Mr. Schultz further submitted that Ms. Wester is not simply being warehoused as there is forward movement still available for her. Ms. Munsterman noted that her client continues to struggle but is well engaged with the treatment team. She noted that there has been significant improvement in the years she has represented Ms. Wester.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Ms. Wester continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Ms. Wester continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Alabi in this regard. The Board also relies on the Hospital Report and more specifically the multitude of documented aggressive incidents this past reporting year as described at pages 109-123.
The Board therefore finds that absent an ORB Disposition, Ms. Wester would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Ms. Wester will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Ms. Wester continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Ms. Wester’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Ms. Wester provides her as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Ms. Wester’s needs, the Board was attentive to the significant effort she continues to expend vis-à-vis her rehabilitation and social reintegration and recognizes the reduction in the severity of reported incidents of violence and aggression as compared to previous years.
Ms. Wester’s volunteer work with horses has proven to be a positive outlet that has benefitted others. This panel is hopeful that suitable community accommodation can be identified for Ms. Wester in the coming year.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Ms. Wester poses to the safety of the public while still meeting his needs, remains a Detention Disposition, absent any changes.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Alabi 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 carefully considered the need to protect the public from dangerous persons, Ms. Wester’s mental condition, her reintegration into society and other needs.
DATED this 14th day of October, 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
Office of the Registrar Ontario Review Board