Re: Klayton Amero
ORB File No: 7255
Hearing held on: Tuesday, September 9, 2025
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th^ Campus Hamilton, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Maunder Members: Dr. P. Prendergast Dr. G. Nexhipi Mr. C. MacIntyre, KC Mr. A. Mete
Parties Appearing:
Accused: Klayton Amero Counsel: Mr. M. Schloss
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated: October 29, 2025)
Introduction
On November 10, 2017, Klayton Amero was found not criminally responsible on Criminal Code charges of theft under $5,000 and failing to comply with a probation order.. At the time of the hearing, Mr. Amero was subject to a disposition detaining him at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton with privileges up to living in the community in 24-hour supervised and approved accommodation. On September 9, 2025, the Board convened to conduct an annual review of Mr. Amero’s disposition.
There was no dispute between the parties that the evidence established that Mr. Amero remained a significant threat to the safety of the public and also established that a detention order remained the necessary and appropriate disposition. The only dispute between the parties pertained to a restriction on cannabis use discussed below. For the reasons that follow the panel agreed that the significant threat threshold continued to be met and that a continuation of the detention order was the necessary and appropriate disposition. We also agreed with the Hospital and the Attorney General that the existing condition that permitted Mr. Amero to use cannabis if and as prescribed remained necessary and appropriate.
The Index Offences
- On September 1, 2017, Mr. Amero stole a bag of chips from a dollar store. Mr. Amero was subject to a probation order at the time that required him to keep the peace and be of good behavior.
Background / Context
Mr. Amero is a 37-year-old man. His known history derives mostly from clinical records and his own, not necessarily reliable, account. His parents separated when he was very young. He apparently had behavioural problems in school. He was diagnosed with ADHD and dyslexia.
When Mr. Amero was 15 years old, it was discovered he had a right frontal-parietal arteriovenous malformation, an area of malformed blood vessels with weakened vessel walls prone to hemorrhaging. Mr. Amero had two brain surgeries and appears to have experienced hypoxic brain damage that “further compromised the functioning of his brain” and led to him suffering seizures.
Mr. Amero reported that when he was a young man he was in a long-term relationship and had a son. He worked doing manual labour.
Mr. Amero has a lengthy criminal record that includes convictions for assault, uttering threats, failures to comply, possession of a scheduled substance, and intimidation of a justice system participant. He once fractured his father’s wrist and has also assaulted his step-father.
Mr. Amero also has a significant history of substance abuse notably with cannabis and opioids.
Mr. Amero’s psychiatric history includes multiple admissions to hospital between 2006 and 2016. He attempted suicide twice. Mr. Amero presented with depression but also threatening behavior, agitation, paranoia, psychosis, and substance abuse. He was frequently medication seeking. Although he was advised to get help for substance abuse and was referred to programs to address his brain injury, Mr. Amero left hospital against medical advice and refused numerous offered supports.
At the time of the index offences, Mr. Amero was unemployed and homeless. He had had no contact with his parents in about ten years. He had sought medical attention the day before because he believed he had been hit on the head with a bat. There was no apparent injury. Mr. Amero later reported that when he was assessed that day he had “had a craniotomy and part of his brain was removed.”
Under the jurisdiction of the Board, Mr. Amero has been detained at St. Joseph’s. It was a challenging adjustment for Mr. Amero, made harder due to cognitive deficits. He was described as having symptoms of psychosis but presenting like someone in a manic phase of bipolar disorder. He was agitated, occasionally sexually inappropriate with staff, and extremely threatening and intimidating. Very gradually (over years) his mental state improved. His symptoms of psychosis slowly abated on antipsychotic medication. In combination with a behavioural support plan, he became less demanding and aggressive. Mr. Amero continued to have delusions and continued to occasionally become angry when his demands were not met and, in graphic terms, threaten to kill staff.
On three occasions (one incident in each of 2020, 2021 and 2022) Mr. Amero was physically assaultive