Ontario Review Board
Re: Daniel Davies
ORB File No: 8586
Hearing held on: Thursday, September 25, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. B. Sheppard Dr. G. Eayrs Ms. M. Labrosse Mr. S. Doherty
Parties Appearing: Accused: Daniel Davies Counsel: Mr. A. Pollard The person in charge of hospital: Counsel: Ms. M. Warner Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated October 28, 2025)
Introduction
On June 6, 2024, Daniel Davies, age 42, was found not criminally responsible on account of mental disorder on charges of assault causing bodily harm (x2), contrary to the Criminal Code.
Mr. Davies, who is on a Detention Order with privileges up to and including entering the community of Toronto, accompanied by staff or a person approved by the person in charge, had his annual hearing before the Ontario Review Board (the “Board”) at the Centre for Addiction and Mental Health (the “hospital”) on September 25, 2025. Mr. Davies did not appear. His counsel, Mr. A. Pollard, indicated that his client had anxiety but had instructed counsel. The Board permitted the hearing to proceed in the accused’s absence.
The Board had before it as Exhibit 1, a Hospital Report dated September 2, 2025, and Campbell correspondence as Exhibit 2.
In preliminary positions the hospital recommended that a Detention Order again be ordered with changes to permit the accused to be transferred to a General Unit, and to have indirectly supervised community passes into the Greater Toronto Area. Crown counsel agreed. Patient’s counsel wanted to hear the evidence on significant threat before committing. Toward the conclusion of the hearing, Mr. Pollard no longer contested significant threat and acknowledged the hospital’s position as being sensible. After hearing the evidence and receiving submissions, the Board concluded that significant threat to the public was made out and that a Detention Order was the least restrictive and least onerous Disposition and that the two changes the hospital recommended ought to be granted.
Diagnosis
- Schizophrenia
Index Offence
- The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“On Friday November the 12th 2021 just after 10 am Mr. Davies was walking north on Yonge Street north of Dundas St West when he suddenly pushed Christine Walters, a 39-year-old woman, from behind causing her to be thrown to the sidewalk. Mr. Davies was captured on video walking in the street just prior to the incident. The attack was completely random and unprovoked. After shoving Ms. Walters to the ground Mr. Davies continued to walk northbound on Yonge Street.
The victim sought the nearby assistance of a parking enforcement officer who summoned police and an investigation followed. Once the video of the street was reviewed Mr. Davies was quickly identified. He was arrested later the same day following a similar incident.
On Friday November 12th, 2021, Ms. Elzbieta Brodka, a 55-year-old woman, left the Hudson’s Bay store at 176 Yonge Street in the City of Toronto in the early hours of the evening. The victim exited the Richmond Street doors and began walking Eastbound on Richmond Street West toward Yonge Street. Suddenly, the accused approached her from the rear and pushed her from behind with force, causing her to fall to the ground (Charge 1). She was unable to break her fall. As a result of the push, she was thrown face first onto the sidewalk. She had obvious facial injuries and apparently broken front teeth and a possible broken nose. The victim was transported to hospital by ambulance. Ultimately, she had to have 4 front teeth replaced, meaning months of dental reconstruction.
This incident was witnessed by several people, including patrons in a restaurant and a security guard, who pointed out Mr. Davies to the police.
The accused was located nearby, arrested and transported to 52 Division.”
Background
- These are well set out in last year’s Reasons:
“Mr. Davies is a 41-year-old man (now 42), born in Richmond Hill, and raised in Inglewood, Ontario. He is single with no dependents and is financially supported by the Ontario Disability Support Program. His parents divorced when he was two years old, and he was raised by his mother whom he has reported had a significant history of alcohol use. Mr. Davies did not have meaningful contact with his father, also purported to be an alcoholic, and who is now deceased. A single older sibling, Robert, is also deceased after an overdose.
Mr. Davies left home at the age of 16, after being charged with the theft of money from his mother and stepfather and an incident of violence with the latter which resulted in contact with social services. He travelled to Alberta where he stayed for five years working in masonry before moving to British Columbia where, after a few years of relative stability, he struggled to maintain steady employment, began to experience a marked decline in his mental health and to use substances problematically. Upon returning to Ontario, Mr. Davies resided with his mother, where he was staying at the time of the index offences.
Mr. Davies has an extensive criminal record with entries between 2017 and 2021, consisting of numerous convictions for assault, assault causing bodily harm, mischief and failing to attend court.
Mr. Davies reported that he had good grades until he began using tobacco and cannabis and leaving school in grade 10. He minimized the use of alcohol, stating that he mainly drank with his mother, but admitted to having used crack cocaine. He experimented with crystal methamphetamine on a couple of occasions. He never used drugs intravenously, save when he injected heroin in a suicide attempt.
Mr. Davies stated that he stopped using cannabis in his 20s as it resulted in feelings of paranoia. He felt that cannabis may have contributed to hospitalizations but was of the impression that it had no impact on his offending behaviour.
Mr. Davies identified the use of crack cocaine as his biggest problem, starting his use in Alberta and increasing use upon his return to Ontario. Mr. Davies admitted that he would binge crack cocaine and while he would initially use to elevate his mood, it would result in paranoia and a feeling of being “uncomfortable in your own skin”. He believes that it played a role in his offending insofar as crack cocaine “induces psychosis”, paranoia and “voices”. He stated he would like to participate in 12-step programming for cocaine use.
Mr. Davies has a history of hospitalization in Ontario as well as Alberta and British Columbia. Records reviewed indicate that admissions resulted from both mental health symptoms and substance use. Mr. Davies repeatedly presented to various Emergency Departments due to distressing and intrusive auditory hallucinations which were described as impairing function, and/or causing suicidal ideation. He engaged in AWOL behaviour and occasionally assaultive behaviour during admissions. It is noted that he was always diagnosed with a primary psychotic disorder, and typically also with multiple substance use disorders. Mr. Davies was also generally described as homeless, or peripatetic, “seemingly in part in an effort to escape the torment of his auditory hallucinations.” Aside from consistent reports of distressing and disturbing auditory hallucinations, Mr. Davies presented as agitated and thought-disordered with religious themes. He generally failed to follow up with prescribed treatment upon discharge and has a history of non-adherence with medication. In his February 2024 assessment, Dr. Klassen opined that he is ‘likely almost always certifiable for involuntary hospitalization.’
Mr. Davies has a history of admission to CAMH, often as the result of a Treatment Order. He was subject to a Mental Health Act apprehension due to threatening behaviour in 2019 and was admitted to CAMH from December 13, 2019, to January 19, 2020, when he eloped while on a pass.
After the index offences, Mr. Davies was seen by CAMH staff during his incarceration but declined medication or to engage with the team. Mr. Davies was subsequently admitted to Waypoint Centre for Mental Health (“Waypoint”) involuntarily where he was eventually assessed by Dr. Klassen. During his time there, Mr. Davies limited his interaction with social work and refused to meet with psychology or his attending physician, Dr. Komer. He was treated with olanzapine 20 mg and injectable paliperidone 100 mg. It is noted that on one occasion he attributed his symptoms to drug use rather than a mental health diagnosis. In January 2024, Dr. Komer determined that Mr. Davies was not experiencing active symptoms of psychosis and deemed him capable of refusing antipsychotic medication, as was his expressed wish.”
Evidence at Hearing
Dr. A. Arnold, a Psychiatric Resident, testified. Dr. Arnold has been working under Dr. R. Jones’ supervision and caring for the patient since July. Dr. Jones attended the hearing. Mr. Davies is currently on a Secure Unit. There were no major updates or changes to the patient’s mental health status. Mr. Davies remains stable. Mr. Davies has been granted Level 4 privileges consisting of accompanied hospital grounds privileges, an upgrade from escorted privileges.
This is Mr. Davies’s first full year under Board jurisdiction. Going forward there will be two areas of focus:
(i) Seeking ongoing stability of the patient’s mental state including through the administration of olanzapine and a long-acting injection – paliperidone.
(ii) Working on improving the rapport with the treatment team. Mr. Davies is reluctant to speak about his mental health. When the topic is raised, he abruptly ends the interview. Earlier on in his hospital stay, he was hostile and threatening. This has abated. When first in the hospital he refused to meet with Dr. Jones leading to the unavailability of privileges. Mr. Davies has been going off the unit in a responsible fashion. He now accesses the Therapeutic Neighbourhood and goes for coffee on grounds. The hospital is hopeful that Mr. Davies will be able to qualify for an upcoming trip to the Dufferin Mall.
Mr. Davies wishes to complete his high school education. Recently Mr. Davies went for an educational assessment but withdrew because he could no longer tolerate it. That response is somewhat improved from his earlier responses that involved becoming angry and escalating behaviour. Dr. Arnold explained that Mr. Davies’ non-attendance at the Board was because Mr. Davies was concerned about persons discussing his mental state in front of him.
The plan is, assuming there are no ongoing indicia of psychosis, that the hospital will consider a move to a General Unit, although when that may happen is an open question. This plan explains why the hospital is seeking a change in Disposition from a Secure Unit to the Forensic Program. In the meantime, a focus will be on having Mr. Davies move up the privilege ladder.
Mr. Davies has been medication adherent. The medication has helped to resolve previous aggressive, threatening behaviour. Earlier he wrote multiple threatening letters to staff.
Mr. Davies has previously indicated that he does not wish to be under the Board’s jurisdiction. If not under the Board’s jurisdiction, Mr. Davies said he would stop his medication. He does not like his medications. He has also expressed the view that the only problem he has is substance abuse.
Mr. Davies has repeatedly refused blood work. This rules out a clozapine trial.
Mr. Davies has been attending DBT therapy. Sometimes he leaves DBT sessions.
His goals are to control his anger, stop substances and get a job. There is a substantial history of substance abuse.
In the doctor’s view, if he were released into the community without supervision, Mr. Davies would fall away from treatment, become psychotic and represent a danger to the public
Mr. Davies remains incapable to consent to treatment. The Public Guardian and Trustee is his Substitute Decision Maker.
Analysis
The Board finds that significant threat is clearly met, bearing in mind the patient’s history of violence, history of substance abuse, his mental disorder and history of noncompliance. Antipsychotic medication has taken the edge off his aggression and threatening behaviour, but more improvement is necessary. Mr. Davies has laudable goals and a desire to control his anger, stop substances, and secure employment. The recommendations to amend the Disposition make sense to support Mr. Davies’ progression.
The Board also notes there has been some positive progression and hopefully, more is coming. A priority is improving the therapeutic rapport. In a similar vein, it would be helpful if Mr. Davies would attend his ORB hearings. Mr. Davies did not attend last year either. Part of building the therapeutic rapport would be educating the patient on the Board’s mandate which focuses in great part on the patient’s goals and rehabilitative needs in addition to the safety of the public. We wish Mr. Davies well for the upcoming year.
DATED this 28^th^ day of October 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
__________________
Office of the Registrar Ontario Review Board