Ontario Review Board
Re: Allan Menard
ORB File No. 5001
Hearing Date: September 11, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. C. MacIntyre
Members: Dr. P. Prendergast Dr. G. Nexhipi Mr. A. Mete Mr. K. McKenna
Parties Appearing:
Accused: Allan Menard Counsel: Mr. A. Confente
The Person in charge of Hospital: Counsel: Ms. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated October 29, 2025)
Introduction
Mr. Menard was found not criminally responsible (NCR) on January 17, 2008, for the criminal code offence of failing to comply with conditions of undertaking.
He is currently subject to a detention order under a Disposition and Decision dated September 19, 2024, with privileges that extend to living in the community in supervised accommodation approved by the person in charge. The Disposition and Decision also require Mr. Menard to report to the person in charge of St. Joseph’s Healthcare, Hamilton, not less than twice per month.
A panel of the Ontario Review Board (the panel) convened this annual hearing on September 11, 2025, at St. Joseph’s Healthcare, Hamilton, West 5th Campus (St. Joseph’s) to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada.
At the commencement of the hearing, the Hospital submitted that Mr. Menard remained a significant threat to the safety of the public, and that a continuation of the detention order was appropriate. They recommended a change to two terms: paragraph 2 (e) to read passes for up to 7 days to enter the community indirectly supervised for discharge planning, and amend 4 (d) to read, when living in the community report to the person in charge of St. Joseph’s or his or her designate, not less than four times per month.
Crown Counsel concurred with the recommendations of the Hospital. Counsel for Mr. Menard agreed with the Hospital’s recommendation for a detention order, but wished to reserve his comments regarding the two suggested amendments to the Disposition until hearing the evidence. At the conclusion of the evidence, Mr. Confente indicated he was not contesting the two suggested amendments.
After considering the evidence, the panel concluded that a continuation of the current detention order, with the two amendments recommended by the Hospital, was necessary and appropriate.
The index offence occurred when police had occasion to speak with Mr. Menard after he attended a local plaza and asked a security guard if he could buy a gun to rob a bank. The police observed that Mr. Menard was intoxicated, and in breach of a term of his bail to not consume alcohol.
Hospital Report dated August 22, 2025
The Hospital Report was prepared for this hearing and contains a detailed review of Mr. Menard’s personal and psychiatric history.
He is diagnosed with Schizoaffective Disorder, Intellectual Disability (moderate), Polysubstance Abuse Disorder, in sustained remission, and Antisocial Personality Traits.
Mr. Menard has been subject to a detention order since the commission of the index offence. Over the years, he has been discharged to live in the community on approximately 20 occasions, always followed by a readmission to the hospital. This has occurred four times in the last two years, and the most recent readmission being January 2025. He has remained in the hospital since that time.
For many years Mr. Menard has lived at the Rukavina House, a highly structured and supervised residence. Following his last readmission in January, Rukavina House terminated his residency as a result of his frequent conflicts with co-residents which at times were physical. On December 31, 2024, Mr. Menard punched a co-resident two to three times, and his condition was described as emotionally and behaviourally dysregulated.
Rukavina House reported that Mr. Menard struggled adhering to house rules and maintaining a clean space. After experiencing incontinence, he would have to be told to change his soiled clothing. He has also consistently hoarded items and made improvident purchases on Kijiji.
Mr. Menard has a lengthy criminal record which begins in 1992.
He was born in Guelph and raised by his mother to age 5. He was then placed in various foster homes after becoming a Crown Ward and remained in the care of the Children’s Aid Society until the age of 16.
Mr. Menard has suffered mental health issues from a very early age related to cognitive disabilities and then Schizoaffective Disorder. Following the index offence, Mr. Menard was hospitalized at the Oak Ridge Division of the Mental Health Centre Penetanguishene, and eventually transferred to St. Joseph’s on March 25, 2011. He was first discharged to live in the community in supervised accommodation on April 30, 2012.
The Hospital Report indicates that Mr. Menard continues to hear voices. He is at times intrusive and rude to co-patients and staff. He continues to make purchases and then contacts the Public Guardian and Trustee for money.
On August 21, 2025, Mr. Menard became involved in a physical fight with a co-patient.
The Hospital Report describes his behaviour as periodically dysregulated along with disorganized thought. It states that his reaction to interpersonal conflicts and his aggression is currently worse than it has been in the past. This past year he has been physically aggressive on two occasions when dysregulated.
Mr. Menard has demonstrated sporadic interest in programming and occupational therapy. Social Work has indicated that Mr. Menard requires a high level of support throughout the day, and that it is difficult to find housing that would meet his needs.
Mr. Menard is indigenous, and has been encouraged to become involved with indigenous groups. His interest in participating in these activities has declined over the years.
A psychological risk assessment undertaken in 2024, identifies Mr. Menard as being a high risk to reoffend violently even when under the authority of the Review Board.
Regarding significant threat, the Hospital Report indicates that Mr. Menard is extremely impulsive and physically aggressive. He has poor insight into the need to take medication, and if not under the authority of the Review Board, would most likely return to substance use. It is also necessary for the Hospital to approve his accommodation.
Testimony of Dr. Alatishe
Dr. Alatishe has been treating Mr. Menard since 2012. He testified at this hearing and described Mr. Menard as having chronic problems with co-residents and with adhering to rules. He continues to frequently call the Public Guardian and Trustee seeking money, and the lack of money is a source of stress.
On August 1, 2025, Mr. Menard struck a patient several times, which necessitated the other patient being moved to a different unit.
Dr. Alatishe described this past year as difficult for Mr. Menard. The Hospital is actively pursuing community housing for him with the assistance of Community Homes for Opportunity.
Dr. Alatishe stated that Mr. Menard requires extreme supervision given his assaultive behaviour to other residents and patients.
Dr. Alatishe testified that Mr. Menard would not adhere to treatment if not under the control of the Review Board. He has poor coping skills and his behaviour is very impulsive.
Dr. Alatishe also believes that structured programming would be beneficial, but for the most part, Mr. Menard declines to participate in such programming.
The amendments to the current Disposition sought by the Hospital are necessary according to Dr. Alatishe. The 7-day passes for discharge planning allows Mr. Menard to reside in a residence for a short period of time to determine if that residence is satisfactory from both his perspective and the perspective of the residence. Dr. Alatishe also stated that the change from reporting twice monthly to four times monthly is necessary. The monitoring of his mental state and behaviour to manage his risk to public safety requires that he be seen at least four times per month.
In answer to a question from Crown Counsel, Dr. Alatishe did not have a strong opinion on whether the wording regarding a residence should refer to Hamilton or Southern Ontario. He also advised the Crown that Mr. Menard is currently on a high dose of medication so there is not much room to increase the dosage. Mr. Menard’s treatment will focus on managing stressors and other factors rather than the medication.
Mr. Confente asked Dr. Alatishe if it was necessary to increase the reporting requirement since Mr. Menard has reported appropriately. Dr. Alatishe responded that the increase in reporting better reflects what is appropriate to manage his risk. Dr. Alatishe reiterated that Mr. Menard requires a structured residence similar to Rukavina House.
In response to questions from the panel, Dr. Alatishe advised that there is programming available at the Hospital for Mr. Menard. He further advised that Mr. Menard is not ready for discharge to the community at the present time even if appropriate housing was available. The Hospital would monitor Mr. Menard’s success at exercising liberal privileges before considering a discharge to the community. The Hospital would also like to see him become more compliant with the rules, and not regularly break the rules and challenge them.
Submissions
The Hospital submitted that the recommended continuation of the detention order is necessary and appropriate, as is the increased reporting requirement to four times monthly when living in the community. The Hospital referred to this past year for Mr. Menard as having both ups and downs, and that a detention order is necessary to manage the risk to public safety.
Crown Counsel endorsed the comments made by the Hospital, and referred to the risk assessment and Mr. Menard being considered a high risk to re-offend. Crown Counsel also referred to the two incidents of assaultive behaviour this past year.
Mr. Confente indicated that he is not challenging the finding of significant threat or the proposed amendments to the current Disposition.
Analysis
After considering the evidence, the panel accepts that Mr. Menard is a significant threat to the safety of the public, and that a continuation of the current Disposition with the suggested amendments is necessary and appropriate.
Mr. Menard has a lengthy history of being discharged to community living and then being readmitted to hospital. On December 31, 2024, Mr. Menard assaulted a co-resident at the Rukavina House which resulted in the latest readmission to hospital and a termination of his tenancy. He was described at that time as emotionally and behaviourally dysregulated. On August 21, 2025, Mr. Menard physically assaulted a co-patient at St. Joseph’s.
The panel accepts from the evidence that Mr. Menard’s reaction to conflict with aggression has become worse. He is also extremely impulsive. The panel accepts that Mr. Menard requires a very high level of support to manage his risk to public safety. The psychological assessment determined Mr. Menard to be a high risk to re-offend even while under the jurisdiction of the Review Board.
Without being under the authority of the Review Board, Dr. Alatishe testified that Mr. Menard would cease treatment and then he would experience a further decline in his mental status and behaviour.
It is necessary for the Hospital to have the authority to approve Mr. Menard’s housing. He requires a strongly structured and supervised residence which has supervision and services similar to what was available at Rukavina House.
The panel also accepts that it is appropriate to include the two amendments to the Disposition sought by the Hospital. The 7-day pass indirectly supervised will allow Mr. Menard to experience a residence in the community as part of the Hospital’s discharge planning. There is also ample evidence to conclude that reporting a minimum of four times monthly is a reasonable request in order to properly manage Mr. Menard’s risk to public safety.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
Dated this 29th day of October 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board