Ontario Review Board
Re: Kurtis Ryon Francis
ORB File No: 8147
Hearing held on: Thursday, October 9, 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: Ms. L. Banks
Members: Dr. L.E. Cappe Dr. C. Rose Hon. C. Nelson Mr. J. Cyr
Parties Appearing:
Accused: Kurtis Ryon Francis Counsel: Mr. I.L. Dallas
The Person in Charge of Hospital: Representative: Dr. M. Choptiany
Attorney General of Ontario: Counsel: Mr. M. Yousuf
REASONS FOR DISPOSITION
(Dated November 6, 2025)
Overview
- On September 7, 2022, Kurtis Ryon Francis was found not criminally responsible on account of mental disorder according to the criteria set out in s. 16 of the Criminal Code, on charges of assault with a weapon and assault causing bodily harm.
Issues
On October 9, 2025, the Board convened at CAMH for a mandatory review of Mr. Francis’ Disposition dated November 27, 2024, further to s. 672.81(1) of the Criminal Code. The issue before the Board was to determine whether Mr. Francis continues to pose a significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition for him consistent with the factors set out in s. 672.54 of the Criminal Code. Mr. Francis attended the hearing in person, along with his counsel, Ms. Mohamad. Dr. M. Choptiany represented the hospital; Mr. M. Yousuf, the Attorney General and Mr. Francis was represented by Mr. I.L. Dallas.
At the outset of the hearing, the Hospital asked the Board to conclude that Mr. Francis continues to represent a significant threat to the safety of the public, and that a Detention Order within the Forensic Service remains necessary and appropriate, with the only change being the privilege of entering the community accompanied by staff or a person approved by the person in charge and indirectly supervised. Counsel for the Attorney General agreed with the hospital’s recommendation. Counsel for Mr. Francis also agreed with the recommendations. A joint submission was submitted for the Board’s consideration.
For the reasons that follow, the Board concluded that a Disposition Order within the Forensic Service with privileges up to indirectly supervised passes into the community was the appropriate Disposition.
Personal Background
The Hospital Report dated October 2, 2025, was entered as an exhibit at the hearing. The following background information, including the events surrounding the 2021 index offences, has been taken from the Report, summarized here as follows.
Mr. Francis attacked his mother, Renetha Francis, and striking her on the back left side of her head two times with a glass tumbler, breaking the glass and cutting her head open. She tried to get away from him, but she was struck again in the back of the head causing another cut. This violent act was linked to his psychotic symptoms, as he believed his mother was poisoning his food.
Mr. Francis is 30 years old, born in Saint Vincent (Saint Vincent Island and the Grenadines), and is the eldest of four children. There exists a family history of mental illness. Mr. Francis' mother reportedly was diagnosed with a bipolar disorder and schizophrenia in 2010. One of his sisters had also experienced mental health challenges.
He began his education in Saint Vincent before continuing his schooling in Canada, where he completed Grade 11. He attended three different schools. Mr. Francis dropped out in Grade 12 and did not obtain his diploma. His mother attributed his poor school performance to the influence of a negative peer group. Mr. Francis has never been married or been involved in any common- law relationships, and he has no children. He has lived with his mother and sister in an apartment in Toronto.
Mr. Francis has experience working as a general labourer, including cutting lawns. He mentioned to his psychiatrist that he was fired from a job because he had a social insurance number, and the employer preferred to hire individuals without government identification.
According to the Royal Canadian Mounted Police’s Canadian Police Information Centre database report, Mr. Francis has never been convicted of an offence. He does, however, have a history of charges with varying Dispositions, including withdrawn charges for assault with a weapon and fail to comply (2019), fail to attend court (2019), indecent act (2020), possession of a weapon, mischief under $5000, obstruct peace officer (2021). Charges of assault cause bodily harm and fail to attend court (2020) were stayed.
Psychiatric Background
The psychiatric background information before he committed the index offences is contained in the Hospital Report and it is extensive. The following is a summary of Mr. Francis’ psychiatric background before and after the finding of not criminally responsible.
Mr. Francis had a series of more than 20 psychiatric admissions to hospital before the index offences, including multiple detentions/incarcerations at the Toronto South Detention Centre. Records indicate that Mr. Francis was diagnosed with schizophrenia in 2016, after an evaluation at Humber River Hospital. He was found to be exhibiting reclusive behaviour, rarely leaving his home. Since then, he has been hospitalized multiple times, often discontinuing his medications after being discharged.
On January 10, 2019, Mr. Francis was assessed at St. Michael's Hospital in Toronto after being taken there by the police. He was found wandering and inappropriately dressed for the weather, exhibiting disorganized and aggressive behaviour. Despite denying any medical or psychiatric history, he was diagnosed with undifferentiated schizophrenia after assaulting a nurse.
On January 19, 2019, Mr. Francis was admitted to Waypoint Centre for Mental Health Care on a Treatment Order after being found unfit to stand trial for the assault charge related to the incident at St. Michael's Hospital. By February 21, he was assessed as fit to stand trial. Recommendations for his release included psychiatric supervision, adherence to appointments and programs, abstaining from alcohol and non-prescribed substances, avoiding the alleged victim, not possessing weapons, and maintaining good behaviour.
Mr. Francis was discharged from Waypoint on February 21, 2019, and remained at the Toronto South Detention Centre until March 1, 2019. The conditions for his release emphasized the importance of ongoing psychiatric care and strict adherence to behavioural guidelines to support his transition back into the community. He was again readmitted to Waypoint in August 2019 and again placed on a Treatment Order.
On March 2, 2020, Mr. Francis was found unfit to stand trial and again placed on a Treatment Order for sixty days. He was admitted to CAMH. Mr. Francis was found incapable of consenting to psychiatric treatment and appealed this finding to the Consent and Capacity Board. On November 30, 2020, a mental health court consultation was completed where Mr. Francis presented as highly agitated and irritable. He displayed disorganized speech, thought and behaviour, and was unable to provide appropriate responses to fitness-related questions.
He was reassessed on August 16, 2021, and found suitable for the Forensic Early Intervention Service. He was admitted to CAMH until November 2021 when he was released back to the Toronto South Detention Centre, but again he was readmitted back to CAMH. On July 12, 2022, Mr. Francis was admitted to the Forensic Assessment Program, within the High Secure Provincial Forensic Programs Division of Waypoint, for an assessment of his criminal responsibility.
Mr. Francis' current psychiatric diagnoses are Schizophrenia, Possible Cannabis Use Disorder (in sustained remission in a controlled environment). Mr. Francis does not have any comorbid diagnoses at this time. Mr. Francis is capable of making decisions about his medical treatment and can manage his finances independently. He is financially supported by the Ontario Disability Support Program.
Evidence at the Hearing
The Board was provided with a letter from the Director, Forensic Assessment Program at Waypoint dated February 12, 2025, which advised that Mr. Francis had been transferred to CAMH on February 11, 2025.
In addition to the information contained in the Hospital Report, Dr. Maxym Choptiany, who was its co-author, provided oral evidence. The Hospital Report was one week old at the time of the hearing and there were no updates to it. Dr. Choptiany assumed care for Mr. Francis upon his transfer to a CAMH secure forensic unit on February 11, 2025. The Hospital Report indicates that, while at Waypoint and following his last ORB hearing, Mr. Francis suffered a deterioration in his mental status. He was responding to internal stimuli, became isolative, irritable, verbally aggressive and sexually inappropriate to female staff.
Mr. Francis was declared incapable to consent to antipsychotic treatment on November 21, 2024, and remained incapable to consent to treatment at the time of his transfer to CAMH. A substitute decision maker has not yet been approved.
While at Waypoint, on November 1, 2024, Mr. Francis had his passes held for a brief period (24 hours) as a result of unwillingness to follow direction, and uttering expletives towards staff. On November 5, 2024, staff had to intervene as Mr. Francis and another patient got into a verbal altercation. On November 15, 2024, Mr. Francis became irritable, when directed in the dining room. He approached staff in a threatening manner and had to be placed in seclusion until November 17, 2025. In December 2024, concerns were raised about pocketing medication but this remained unconfirmed. On December 26, 2024, January 5, 2025, and again on January 30, 2025, there were further incidents of disruption; his passes on the last date had to be held again.
Mr. Francis was transferred from Waypoint to CAMH on February 11, 2025. His affect was flat. He appeared suspicious towards staff. He seemed internally preoccupied.
However, by April 2025, his mental status improved and he was less withdrawn, interacting with both patients and staff. He became amenable to feedback.
Notwithstanding some improvement in his mental health, Mr. Francis continued to demonstrate poor insight into his mental illness. As he remained incapable to consent to antipsychotic treatment, his sister, Wonnie, agreed to act as substitute decision maker and she consented to start Aripiprazole on September 23, 2025.
Mr. Francis also began training as the unit canteen operator from July to September 2025, when he decided that training was taking too much of his time and he terminated it.
Overall, while he demonstrated gradual improvement and became increasingly engaged in the therapeutic neighborhood programming, this ebbed again, after a while.
Mr. Francis’ pass ladder progression was slow. The team reviews his pass eligibility on a monthly basis. He has achieved pass level 4 which allows him to visit the community escorted and accompanied.
There were two incidents involving pass privileges. On one occasion, Mr. Francis did not follow staff direction and on another, he had unauthorized family contact. His engagement with his mother is limited as she also has mental health issues. His sisters are supportive of him.
Unfortunately, on September 23, 2025, an oversight was identified in that Mr. Francis had been allowed escorted, and in one case, accompanied, community access when this was not included in his Disposition. He utilized escorted passes in the community on 28 occasions since achieving pass level 3, primarily to attend stores close to the hospital and, on one occasion, to visit a mall. The oversight was due to his being approved for pass level 4. Upon discovering his access to the community, it was then disallowed. This occurred on September 23, 2025. Mr. Francis accepted the news without issue. The team will now wait and monitor hospital grounds visits before allowing him into the community.
In answer to a question from Mr. Dallas, Dr. Choptiany stated that Mr. Francis still displays some psychiatric symptoms despite treatment with olanzapine. Clozapine would be helpful and is the gold standard. However, this remains a challenge as Mr. Francis is reluctant to have needles and would require blood work to enable a medication change.
In answer to a question from a Board member about community living, Dr. Choptiany stated that the treatment team is of the opinion that Mr. Francis would not be discharged this year. The team is still uncertain about the level of supervision he would require in the community.
No further evidence was called.
Final Submissions
- The parties maintained their joint submission which was for a Detention Order within the Forensic Service up to indirectly supervised passes into the community.
Findings and Conclusion
The Board accepts the joint submission of the parties and finds that Mr. Francis remains a significant threat to the safety of the public. His diagnosis is schizophrenia, with possible cannabis use disorder (in sustained remission in a controlled environment). His history suggests that, in the absence of a structured environment, antipsychotic treatment and significant support and supervision, he is at high risk of decompensation. He has been non-adherent with medication in the past, even within the highly monitored setting of the hospital. Without medication, the natural course of schizophrenia would result in the worsening of his psychotic symptoms, specifically, paranoia and persecutory delusions. These symptoms could be exacerbated by the use of cannabis or other substances, including alcohol. In this context, as set out in the Hospital Report, Mr. Francis would likely misinterpret his environment and act out violently.
In conclusion, Mr. Francis has made some gains this year and is to be congratulated for his efforts. However, the Board agrees that his risk is best managed by a Detention Order within the Forensic Service with privileges up to indirectly supervised passes into the community by staff or person approved by the person in charge.
In arriving at our conclusion for the appropriate Disposition, the Board has considered the paramount factor of the safety of the public, Mr. Francis’ community reintegration, his mental condition and his other needs, all as required by s. 672.54 of the Criminal Code.
DATED this 6th day of November, 2025, at the City of Toronto, in the Toronto Region.
Hon. C. Nelson Legal Member
Office of the Registrar Ontario Review Board