Re Corey Allen, 2025 CanLII 114814

Re: Corey Allen

ORB File No: 7986

Hearing held on: Tuesday, October 21, 2025

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

Pursuant to: Sections 672.48(1) and 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Ms. C. Finley Members: Dr. L.O. Lightfoot Dr. S. Swaminath Ms. C. Murray Mr. A. Mete

Parties Appearing:

Accused: Corey Allen Counsel: Mr. S. Gehl

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Mr. D. Rows

REASONS FOR DECISION

(Dated November 7, 2025)

Introduction

1. On December 9, 2021, Corey Allen was found unfit to stand trial on a charge of attempted murder, contrary to the Criminal Code of Canada. She is currently subject to a disposition of the Ontario Review Board (ORB/the Board) dated April 15, 2025, whereby she is detained at the Southwest Centre for Forensic Mental Health Care (Southwest/the hospital) with discretionary privileges up to and including the ability to reside in the community in approved accommodation.

2. By letter dated July 23, 2025, the hospital advised the Board that on July 10, 2025, Ms. Allen’s privileges had been withheld, and that continued to be the case as of the date of the notification. This resulted in an increase in the restriction of Ms. Allen’s liberty for a period greater than seven days, thereby triggering the notice provisions under s. 672.56(2) of the Criminal Code.

3. On October 21, 2025, the Board convened a hearing at the hospital to review the restriction of Ms. Allen’s liberty. Ms. Allen was present and represented by Mr. Gehl. At the outset of the proceedings, Mr. Gehl’s request to be appointed as counsel, pursuant to s. 672.5(8) of the Criminal Code, was granted.

4. All parties agreed that the issues before the panel were the review of the decision to withhold Ms. Allen’s privileges and the ensuing restrictions on her liberty. Mr. Zamprogna, on behalf of the hospital, submitted that both the initial decision to withhold Ms. Allen’s privileges and the ongoing restriction were necessary and warranted and represented the least onerous and least restrictive measures available to manage Ms. Allen’s risk to the safety of the public. Mr. Rows, on behalf of the Ministry of the Attorney General, and Mr. Gehl both concurred in the hospital’s positions. Thus, a joint position was put before the panel.

Findings

5. For the reasons that follow, the panel found that the initial decision to withhold Ms. Allen’s privileges and the ensuing restriction between July 10, 2025, and September 4, 2025, was necessary and appropriate and represented the least restrictive and least onerous measures available to the hospital to manage Ms. Allen’s risk to the safety of the pubic.

The Evidence

6. The evidence at the hearing consisted of the Hospital Report dated January 23, 2025 (ex. 1), the Update of the Hospital Report dated March 17, 2025 (ex. 2), the Restriction of Liberty Report dated September 25, 2025 (ex. 3), and the viva voce evidence of Dr. Malka, Ms. Allen’s treating psychiatrist.

Background Information

7. Given the focus of this review, and as the Board’s last disposition is maintained until the next review, there is no need to summarize Ms. Allen’s personal, criminal or psychiatric history which are set out in detail in the Hospital Report.

8. The following background is provided for context for these Reasons. At the time of the alleged index offences, Ms. Allen was residing in a group home in Kitchener. The allegations are that Ms. Allen repeatedly stabbed a coresident in the head, face and hand.

9. Ms. Allen is a 30-year-old woman who spent most of her childhood under the care of the Children’s Aid Society. She became a Crown Ward at the age of ten. She was placed in over ten foster care residences and spent the last three years of care residing in group homes.

10. Ms. Allen’s current diagnoses are Schizoaffective Disorder and Intellectual Disability – moderate. Ms. Allen has no history of substance use. Although she has no criminal convictions, there have been occasions when she has been aggressive and violent and taken to hospital.

Restriction of Liberty

11. On July 10, 2025, Ms. Allen absconded when attending a program in the community at Community Living Elgin. Staff found her walking towards traffic in the middle of a busy street. She assaulted a staff member who tried to escort her off the road. She stated, “I want to die”. Police attended and, after she was medically cleared at Elgin General Hospital, returned her to Southwest. She was placed in seclusion due to concerns for her safety and so that an evaluation of her mental status could be conducted. The hospital needed to assess whether the risk had passed given the unpredictable nature of Ms. Allen’s behaviour. At the time of this incident, Ms. Allen was exercising supervised passes in the community.

12. Over the course of the following days, the treatment team worked with Ms. Allen on her communication skills, particularly in relation to her emotions. She continued to struggle and presented as irritable and guarded. Between August 4-6, 2025, Ms. Allen required a brief period of seclusion after she threw objects around the unit.

13. Since August 6, Ms. Allen has improved her ability to recognize and describe her emotions and feelings. With the assistance of a behaviour analyst, she has developed a care plan and has been actively participating in same. Overall, her insight into her mental health and symptoms of her mental illness remains poor, though improving.

14. Dr. Malka testified before the panel. She indicated that Ms. Allen’s seclusion on July 10, 2025, ended after two-three days. Although Ms. Allen had achieved a pass level that allowed for access to the hospital grounds indirectly supervised, she never left the forensic unit without staff accompaniment. She would leave the unit to attend programs but reported that she was not enjoying them. Her preference was to remain in her room.

15. Following the initial restriction on Ms. Allen’s liberty, she had level 0 passes, that restricted her to the forensic unit. On September 4, she was given L1 passes which allowed for indirectly supervised passes on hospital grounds for short periods of time, usually in the range of 30 minutes. She would exercise these passes to attend the store on her own. This was seen by the treatment team as a huge improvement and represented the farthest on the privilege ladder that she had ever gone. She is currently on track to progress to level 2 passes within the next few weeks.

16. Since July 10, 2025, Ms. Allen has participated in programming and education focused on emotional regulation and communicating with staff should she experience difficulties. The goal is to teach Ms. Allen to regulate her emotions independently. She has also begun to participate in other programs, such as money management and laundry skills. Currently she is attending these programs with other patients a number of times each day.

17. Dr. Malka testified that she is hoping that Ms. Allen will continue to develop skills and self-confidence. Ms. Allen has experienced significant trauma in her past which impacts on her clinical picture and causes her to be concerned about the future. Addressing the trauma and its impact will be a long process.

18. All parties maintained the joint submission.

Analysis and Conclusion

19. The panel carefully considered the Hospital Report, the ROL Report and the evidence of Dr. Malka and unanimously finds that the initial restriction of Ms. Allen’s liberty and ensuing restriction of liberty from July 10, 2025 to September 4, 2025, were necessary and appropriate and represented the least restrictive and least onerous measures available to the hospital to manage Ms. Allen’s risk to public safety. On July 10, 2025, Ms. Allen walked away from the group that was attending programming in the community. She went into traffic on a busy street, thereby representing a significant risk to herself and those on the street. She assaulted a staff member who was trying to assist her and her apprehension required police intervention.

20. Before the incident, Ms. Allen had the ability to exercise passes on hospital grounds indirectly supervised, although she only left the unit in the company of staff. Following that incident, Ms. Allen was placed in seclusion for a couple of days and then restricted to the forensic unit. These represented significant restrictions on the liberties that she had been exercising previously.

21. Since the restriction, Ms. Allen has been working with a behavioural analyst and has actively participated in programming that is designed to build skills in emotional regulation. It would appear that she has been making strides in that regard. She is currently engaged in a number of programs off the forensic unit and has begun to exercise passes on hospital grounds indirectly supervised, something that she was not doing before July 10, 2025. She was granted the ability to exercise those passes on September 4, 2025.

22. Accordingly, the panel finds that the initial and ongoing restriction of Ms. Allen’s liberty from July 10, 2025 to September 4, 2025, was necessary and appropriate and warranted in all the circumstances.

DATED this 7th day of November 2025, at the City of Toronto, in the Region of Toronto.

Ms. C. Finley Alternate Chairperson

Office of the Registrar Ontario Review Board