Ontario Review Board
Re: John Michael White
ORB File No: 1784
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: John Michael White
Counsel: Mr. M. Bird
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 February 10th, 1994, John White was found not criminally responsible on account of mental disorder on charges of assaulting a police officer and common assault, contrary to Criminal Code of Canada (Criminal Code). Mr. White is presently subject to a disposition of the Ontario Review Board dated September 4th, 2024 discharging him on certain terms and conditions.
On September 5th, 2025, the Ontario Review Board convened a hearing at the Brockville Mental Health Centre (BMHC) to review Mr. White’s disposition. Mr. White was present and represented by his counsel, Mr. Michael Bird. The hospital was represented by Dr. A. Alabi. Mr. K. Schultz represented the Attorney-General of Ontario.
A Hospital Report dated July 10th, 2025 was entered as Exhibit 1.
Preliminary Issues
- The panel advised that Dr. Kunjukrishnan had treated Mr. White in 1998. Mr. Bird, the patient’s counsel, as well as Mr. Schultz, both indicated that they had no concerns with Dr. Kunjukrishnan’s participation in the panel on today’s date.
Without Prejudice Position of the Parties
Dr. Alabi stated that no change is recommended to Mr. White’s existing Conditional Discharge Disposition but for an amendment removing the specification of address.
Mr. Schultz, for the Attorney General, put forward that Mr. White remains a significant threat and that a conditional discharge remains appropriate with the address specified.
Mr. Bird, on behalf of Mr. White, supported the hospital’s recommendation.
Index Offences:
- The details of the index offence are set out in the Hospital Report as follows:
“On March 14, 1993 two police officers responded to the accused’s residence regarding a noise complaint. The constable was explaining the noise bylaw to the accused when suddenly the accused jumped from his seat and struck the door with the back of his hand with considerable force. The constable told the accused to calm down. At this point, the accused lunged at the constable, grabbing him by the throat with both hands, and began choking him. The constable attempted to break free but could not. His air passage was blocked by the force of the choking. A second constable sprayed the accused with pepper spray to incapacitate him. He was arrested and treated by ambulance personnel who rinsed the accused’s eyes. The accused was then conveyed to the Police Station.
On June 3, 1993, at approximately 22:15 hours, the accused was watching television with his mother, the victim. For no apparent reason, the accused slapped the victim’s face and arm with a magazine. The victim advised the accused to go to bed and the accused proceeded upstairs. Within half an hour, the accused returned and appeared upset in that he could not locate his ring. The accused insisted that the victim help him look for the ring or he would not allow her to go to bed. The accused grabbed the victim by the hair and instructed her to help him look for his ring. The victim searched the house until 1:30 in the morning and advised the accused that she did not recover the ring. The accused then became angrier and struck the victim on the back. The accused then proceeded to punch holes in two doors. The victim advised the accused to calm down and go to bed, that they would find his ring in the morning. The accused did not comply but left the residence.”
Current Diagnoses
Schizophrenia – Disorganized Type
Polysubstance Abuse – in remission in controlled environment
Intellectual Impairment
Cardiomyopathy
Evidence at the Hearing:
The Hospital Report provides a great deal of information concerning Mr. White’s personal history, mental health history as well as his 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 that Mr. White’s mental illness remains chronic. Mr. White remains medication compliant and comes to all his appointments.
Mr. White continues to reside at 17 Edgewood Avenue in Brockville. This residence, according to Dr. Alabi, is akin to a Shepherd’s of Good Hope type facility. It is close to Brockville’s downtown core and proximate to where Mr. White can easily access alcohol. The rationale for removal of the residence specification is to permit a move from this possibly problematic residence if a more suitable residence is identified. However, Mr. White does not want to move due to his relationship with a woman identified in the Hospital Report as ‘Jane”. Dr. Alabi added that Jane may be financially exploiting Mr. White. Asked why Mr. White provides money to Jane, Dr. Alabi did not know, adding that he seems content to continue providing this woman with funds.
Mr. Schultz referenced page 105 of the Hospital Report which indicates that Mr. White now resides in a 24-7 supported group home and inquired if he continues to require this degree of support. Dr. Alabi responded that he does because of his attitude vis-à-vis intoxicants. Dr. Alabi noted that the individual who previously brought cannabis to Mr. White’s residence is no longer there. Reference was made to page 107 of the Hospital Report, specifically reported incidents on September 30th and November 7th, 2024, reproduced below for ease of reference:
“Sept 30, 2024: John reports he spent all of his October money for the month. He states he paid "Jim" the man he purchases cigarettes from and "Jane" for the 10 drives and 5 visits to her home. John at one point fell asleep during our conversation so writer and students then disengaged.
Nov 7, 2024: Group home staff Ana spoke with nursing staff this morning. She voiced concern over John frequently asking for cigarettes from the other clients in the home. She explains he has run out of both money cigarettes for the month so far. Nursing staff agreed to speak with John about his finances and behaviour. On the drive to the hospital nursing staff asked John how he managed to spend all of his money within less than week. He states he gave $300 to "Jim" the man he purchases cigarettes from as he owed him money from before and he also gave his lady friend "Jane" $200 for coffee, donuts, and drives; he denied the $200 included sexual favors. Nursing staff explained to John that is not a wise decision on how to spend his money and to do so quickly. Nursing staff explained that nursing and RT are available to take him out weekly and he did not need to pay Jane to do so. Nursing staff also explained to John he was not to ask the other residents in the home for cigarettes and that nursing staff will be following up next week with the group home staff and him. John was accepting and states he understands he is not to ask the other residents for cigarettes. He states Jane has some cigarettes for him as well that he can smoke.”
Dr. Alabi agreed with the suggestion that Mr. White is free to spend his money as he sees fit. Mr. Schultz referenced the last paragraph of page 109 which indicates that Mr. White continues to consume alcohol, notwithstanding that it is prohibited by his current disposition. Dr. Alabi recognizes this as an ongoing risk. If Mr. White were to receive an absolute discharge Dr. Alabi opined that Mr. White could increase his alcohol consumption which would further destabilize his mental state.
Before an absolute discharge could be considered for his patient, Dr. Alabi would not expect an absence of symptoms, but rather a focus on functional recovery. The treatment team would want to refer Mr. White to a Community ACT Team. A positive year would involve an absence of alcohol consumption and openness to different opportunities such as a supported new 24-7 residence and increased engagement.
Questioned by Mr. Bird, Dr. Alabi advised that Mr. White’s medications are currently administered to him by staff at his residence. There have been no known incidents of dysregulation/decompensation due to alcohol or cannabis use.
Dr. Alabi confirmed that Mr. White only consumes alcohol outside of his residence and that there has been no cannabis use reported in the past year.
Responding to questions from Mr. Schultz, Dr. Alabi agreed that severing the relationship with “Jim” would not be problematic as this individual does little more than sell Mr. White cigarettes at inflated prices.
The treatment team has visited Mr. White’s current residence and feels that the level of support and care provided to this patient has declined since he first moved in. As a result, the treatment team wants him to move to a home that is more nursing-oriented to improve his level of self-care and distance him from Jane who may be financially exploiting him. This relocation is being discussed notwithstanding that it may be difficult for Mr. White to make new friends. Responding to questions from the panel, Dr. Alabi agreed that Jane is Mr. White’s only friend and that from his perspective their relationship is mutually beneficial. Reference was also made to the incidents reported at page 7 on November 7th and November 12th, 2024, which speak to Jane receiving from one to two thousand dollars monthly from Mr. White.
The move envisioned for Mr. White is what Dr. Alabi described as “more of a long-term care facility” at the Caledonia Manor which is situated in Eastern Ontario (St. Isidore), a 1.5-hour drive from Brockville. That facility contains 48 fully furnished units and although characterized as a group home, is run more akin to a long-term care facility. Caledonia Manor would also assist in obtaining a family physician for Mr. White. To date, Mr. White has refused to visit this residence.
Mr. White currently pays monthly rent of $537 deposited directly to his landlord and receives another $500 per month from which he reportedly provides Jane $100 per week. The remaining funds are largely used to purchase cigarettes from Jim. The treatment team staff has advised Dr. Alabi that Mr. White would initially miss Jane and Jim but not for long. Caledonia Manor is a long way from Brockville and a move there would physically separate Mr. White from those individuals.
Closing Submissions
Dr. Alabi requests removal of the address specification from Mr. White’s Conditional Discharge so his patient can avail himself to a better living environment. Dr. Alabi understands Mr. White continues to breach the alcohol consumption prohibition in his disposition.
Mr. Schultz submitted that the significant threat threshold continues to be met as Mr. White still experiences breakthrough symptoms and occasionally breaches the terms of his conditional discharge. However, it appears the use of alcohol has not required readmission to hospital. Mr. Schultz further submits that the address specification should remain in place as Mr. White is resistant to relocating to the Caledonia Manor and still requires 24-7 oversight. In the event another appropriate residence is identified and Mr. White is agreeable to moving there, then an early Board could be requested.
Mr. Bird submitted that alcohol consumption has not led to a marked decompensation of Mr. White’s mental state. He further submitted that his client would support removal of the address specification because he has several physical health conditions. As a result, it is conceivable that Mr. White might need a relocation for a higher level of care which could then take place absent calling another Board.
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 a criminal offence.
In determining whether Mr. White represents a significant threat to the safety of the public the Board has carefully analysed 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 hospital’s contention that Mr. White continues to present a significant risk to public safety was supported by Mr. Schultz and uncontested by Mr. Bird. After independently considering this issue, the panel unanimously finds that Mr. White remains a significant threat. That determination relies on the considerations outlined in the Hospital Report as well as the evidence at hearing that Mr. White continues to experience break through symptoms of his illness and continues to consume alcohol notwithstanding a prohibition against this in his disposition.
(b) Disposition
Flowing from the Board’s finding that Mr. White 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 Mr. White’s needs pursuant to s. 672.54 of the Criminal Code. The necessary and appropriate Disposition for Mr. White provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
The hospital seeks to amend Mr. White’s disposition to enable his relocation to a facility some 150 kilometres from his current residence and social network. The rationale is to provide Mr. White with a better living environment than he has at his 24/7 supervised Brockville group home. Mr. White is uninterested in the possibility of residing at the Caledonia Manor in St. Isidore. He has refused the hospital’s offer to provide him with a tour of that facility.
This panel is unwilling to sanction the removal of the address specification provision from Mr. White’s current disposition. To do so would effectively permit Mr. White to reside wherever he chooses and eliminate the Board ordered continuity of 24/7 supervised accommodation which he continues to require.
Without an address specification, Mr. White may decide he prefers to reside with his friend Jane in Brockville rather than relocating to St. Isidore as envisioned by the hospital. The testimony of Dr. Alabi was replete with references to incident reports and concerns regarding current financial exploitation associated with that relationship. However, Mr. White remains financially capable and therefore free to spend his limited funds as he sees fit. The address specification currently in place maintains a degree of separation between Mr. White and Jane which could erode were they to live together. The hospital’s efforts to distance Mr. White from Jane, while well intentioned, fail to consider the importance of this relationship to Mr. White given that it is difficult for him to make new friends.
Although Mr. White continues to use alcohol, no decompensation of his mental state attributable to its use has been identified during this reporting year. Further, he attended all scheduled appointments and remained medication compliant. Notwithstanding concerns expressed that the levels of support of care at his current residence may have declined, there is nothing to suggest that it elevates his risk to public safety, thereby justifying that he be removed from his community and the social contacts he chooses to maintain.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. White poses to the safety of the public while still meeting his needs, remains a Conditional Discharge 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, Mr. White’s mental condition, his 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