Re Patrick Leo McGann, 2025 CanLII 114810

Ontario Review Board

Re: Patrick Leo McGann

ORB File No: 8782

Hearing held on: Friday, October 3, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Section 672.47(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. P. Capelle Members: Dr. J.C. Ferencz Dr. G. Stones Ms. C. Murray Mr. A. Mete

Parties Appearing:

Accused: Patrick L. McGann Counsel: Ms. C. Whillier

The Person in charge of Hospital: Counsel: Mr. D. Rows

Attorney General of Ontario: Counsel: Ms. J. Zamprogna

REASONS FOR DISPOSITION

(Dated November 4, 2025)

Introduction

On February 23, 2016, Mr. McGann was found not criminally responsible on account of mental disorder on one count of possession of a weapon for a dangerous purpose, and three counts of attempt to commit murder. Mr. McGann was held in custody at the Southern Alberta Forensic Psychiatry Centre (SAFPC) and had his initial disposition hearing with the Criminal Code Review Board (CCRB) on April 6, 2016, which subjected him to a detention disposition. In its Disposition Order of November 21, 2023, the CCRB Alberta recommended that Mr. McGann be transferred to the jurisdiction of the Ontario Review Board, for the purpose of his recovery and re-integration into society. Mr. McGann was admitted to the Southwest Centre for Forensic Mental Health Care on May 29, 2025, and continues to be subject to a detention disposition.

On October 3, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.47(1) of the Criminal Code of Canada. Mr. McGann was in attendance and was represented by his counsel, Ms. C. Whillier.

Without Prejudice Position of the Parties

Ms. Zamprogna submitted that Mr. McGann remains a significant threat to public safety and noted several changes to the Disposition recommendation contained at pages 54 and 55 of the Hospital Report as follows: 2(d) adding Oxford; 2(e) adding Oxford; 2(f) adding a frequency of up to 12 times per year for passes as well as adding Oxford; and 3(e) removal of Ken Mackenzie, Ingrid Lutz and Michael Osamchenko from the no contact or communication list as those individuals are now deceased.

Mr. Rows agreed with the hospital position as did Ms. Whillier, on behalf of Mr. McGann, who added that significant risk was not contested.

Background and Index Offences

Mr. McGann’s background is set out at pages 2-7 of Dr. Yuri Metelista’s March 20^th 2016, Report to the Alberta Review Board and reproduced below:

The circumstances of the index offences are taken from the Hospital Report dated September 10, 2025, as follows:

“Attempt Murder x 3 and Possession of a Weapon:

On October 4, 2015, at approximately 9:45 a.m., EMS requested assistance from police for a male who had been stabbed. Police arrived on scene and found two wounded individuals with obvious signs of bleeding, Michael OSMACHENKO and Ken MACKENZIE. Police also observed Cheryl MCGANN, the sister of the accused. Her eye appeared to be swelling, and she began to throw up. Police obtained a statement from OSMACHENKO. He stated that he heard some noises upstairs and started to get dressed to check what the cause was. The Accused had come downstairs to his bedroom and stabbed him with a knife three times (twice in the neck, once in the arm), before he ran outside to flag down a motorist. Cheryl MCGANN stated that the accused came over to her place requesting to pick up clothes. The accused was invited into the residence and began to attack Cheryl McGann's common law husband, Ken MacKenzie, with a knife. The accused slashed MacKenzie across his throat with the knife. The accused then attacked Cheryl McGann, trying to cut her, but was unsuccessful. Cheryl MCGANN was knocked to the ground, where the accused stomped on her head, knocking her unconscious.

Police seized the Olfa utility knife from the bedroom of OSMACHENKO which OSMACHENKO pointed out as being one of the weapons that was used. Upstairs, police seized a segment of a blade, consistent with the style of knife. Taber Police Service obtained a statement from Jeffrey MCGANN-MACKENZIE, a relative of the Accused. He stated that the Accused had threatened to slit the throat of Ken MACKENZIE and Cheryl MCGANN, and that if Jeff told anyone, he would have his throat slit as well. When the Accused was arrested by the Taber Police Service, his clothes had stains on them, consistent with blood. He was driving a white Ford Ranger, as predicted by the person who called 911.

Cheryl MCGANN and Ken MACKENZIE underwent significant surgeries.”

Current Diagnoses

• Delusional Disorder
• Alcohol Use Disorder, in sustained remission in a controlled environment
• Cannabis Use Disorder, in sustained remission in a controlled environment
• Query Personality Disorder

Evidence at Hearing

Ms. Zamprogna presented Dr. Mokhber as the hospital witness. Dr. Mokhber advised that she adopts the contents of the Hospital Report. Dr. Mokhber started working with Mr. McGann in June 2025. He has been referred for a cognitive assessment although there do not seem to be any major cognitive issues. The hospital has also referred Mr. McGann for a personality, as well as a psychosexual assessment which will inform future treatment. Mr. McGann’s treatment plan will include an inside management recovery program which is done on a 1:1 basis.

Mr. McGann has been accepting of long-acting injectable medication every four weeks. He still believes that city water is contaminated and causes him rashes. All other pre-existing delusions have resolved with medications. Dr. Mokhber advised that other than these over-valued thoughts, vis-à-vis the water, her patient currently has no other delusions. She is hopeful that Mr. McGann can be successfully treated to the degree that he will not exhibit any residual symptoms of his illness.

Mr. McGann has respected the very restrictive conditions he currently managed under since admission. Following release of the Board’s Disposition it is hoped that he will receive greater freedoms. He has not been tested off unit since arriving at the Southwest Centre in June. To date, he has not been a management issue.

Stress is likely to bring on symptoms of Mr. McGann’s delusional disorder. He therefore needs remain under close supervision before a conditional discharge or absolute discharge can be considered. At present, a detention disposition is the least restrictive means to manage his yet unknown risk to public safety.

Responding to questions from Ms. Zamprogna, Dr. Mokhber agreed that Mr. McGann has indicated that he will not need ongoing treatment after 10 years.

Mr. McGann has remained abstinent from substances since 2023. In the event he was to use substances he may lose control, precipitating violence and inappropriate behaviour as seen at the time of the index offences. Ms. Zamprogna referenced page 45 of the Hospital Report wherein it is indicated “abstinent because learned his lesson”. Dr. Mokhber responded that her understanding is that Mr. McGann’s external motivation remains the same and that his internal motivation is just beginning.

It is anticipated that Mr. McGann’s first Disposition will see him accorded level 1 privileges and a transfer to a rehabilitation unit, followed by escorted passes and thereafter unescorted passes if he continues to progress. The hospital is also asking for some passes to Oxford County so he can visit with his mother in London, Ontario. It was noted that he previously relapsed in that city. It is therefore important for the hospital to be able to return him expeditiously and to have him residing close to the hospital to oversee his progression. His pass levels will be reviewed approximately every two weeks to determine if he can continue to progress. Acquisition of level 4 passes may take somewhat longer as these involve off hospital ground privileges and may take up to a month for administrative approval.

Dr. Mokhber opined that community living is realistic within the year for this patient. Responding to questions from the panel, Dr. Mokhber advised that for the upcoming year Mr. McGann is expected to be discharged to a supervised community setting where his mental status and medications can continue to be overseen.

Vis-à-vis community supports, Mr. McGann will have a new treatment team as well as his mother, sister and girlfriend with whom a relationship is ongoing - “he loves her and she loves him”.

Dr. Mokhber advised that her patient has only once been diagnosed with antisocial personality disorder and this occurred when he was actively psychotic. She added that to date no symptoms of antisocial personality disorder have been noticed which is why he has been referred for testing. Dr. Mokhber anticipates that Mr. McGann’s clinical records from the Edmonton Hospital will be received shortly as they will provide further information about the previous diagnoses of antisocial personality disorder.

Closing Observations

Ms. Zamprogna submitted that Mr. McGann has a pattern of substance use, non-adherence and relapse. His insight continues to develop at this juncture. The HCR-20 notes low to moderate risk under a detention disposition which increases significantly with any loosening. He awaits a return to community living. There has been no reported substance use since his arrival at Southwest. Mr. Rows supported the hospital position. Ms. Whillier added that her client wants to show the team that he can work well with them and remain medication compliant. Mr. McGann looks forward to increased passes and a transition to community living.

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 Mr. McGann 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 Mr. McGann 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. Mokhber that Mr. McGann continues to pose a significant threat. The Board also relies on the Hospital Report and the Re-Offence Scenario contained therein at page 51-52 in determining that Mr. McGann suffers from a Delusional Disorder previously complicated by both Alcohol Use Disorder and Cannabis Use Disorder. The conclusory content is reproduced below for ease of reference:

Absent psychiatric supervision and treatment, Mr. McGann is likely to return to substance use and unlikely to continue taking his prescribed medication. His psychotic symptoms would intensify and would likely result in violent behaviours, as he begins to incorporate benign individuals into his delusional system and react violently against perceived threats, similar to the time of the index offence.

The Board therefore accepts that absent an ORB Disposition, Mr. McGann 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 Mr. McGann 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 Mr. McGann 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. McGann’s needs pursuant to s. 672.54 of the Criminal Code.

The necessary and appropriate disposition for Mr. McGann provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.

In considering Mr. McGann needs, the Board was attentive to the hospital’s plan to transition him to approved accommodation within the upcoming reporting year. If in-patient rehabilitation efforts progress as hoped his psychiatric needs will be transitioned to and managed by the outpatient treatment team in tandem with familial support from his mother, sister and girlfriend. Of note is that the Hospital Report at page 47 states, “Although supportive, Mr. McGann’s family would not be helpful in mitigating risk.”

As Mr. McGann was admitted to Southwest on May, 29^th and only now come under the jurisdiction of this Board a detention disposition is the necessary and appropriate mechanism to manage his risk. The amendments as described under the Without Prejudice Position of the Parties heading of these reasons reflect an appropriate loosening of the hospital recommendation while nevertheless maintaining a level of control vis-à-vis the ability to return this patient to hospital in the event of decompensation, which previously occurred in the City of London.

Mr. McGann has shown himself to be a good institutional citizen. However, a cautious approach to community release is called for considering his documented history of:

• previous absolute discharges (2),
• multitude of criminal convictions (20±),
• history of deceptiveness, impulsivity and opportunism,
• refusal to accept responsibility for his actions,
• non-adherence to conditions of release.

Conclusion

The Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. McGann poses to the safety of the public while still meeting his needs is a Detention Disposition.

In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Mokhber 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. McGann’s mental condition, his reintegration into society and other needs.

DATED this 4^th day of November 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Capelle Alternate Chairperson Office of the Registrar Ontario Review Board