Re: Jason Fisher, 2025 CanLII 114824

Ontario Review Board

Re: Jason Fisher

ORB File No: 8733

Hearing held on: Thursday, October 9, 2025

Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto

Pursuant to: Section 672.47(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: Jason Fisher Counsel: Ms. M. Perez

The Person in Charge of Hospital: Counsel: Ms. M. Warner

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DISPOSITION

(Dated November 6, 2025)

Introduction

1Mr. Fisher was admitted to the FATU at CAMH (the “hospital”) on March 18, 2025, pursuant to a Warrant of Committal after being found by the Court (on April 8, 2024) to be not criminally responsible because of mental disorder. The charges were assault with a weapon/bodily harm, and aggravated assault.

2On Thursday, October 9, 2025, the Ontario Review Board convened a hearing to conduct Mr. Fisher’s initial Disposition hearing. Ms. M. Warner represented the hospital; Mr. M. Feindel the Crown; Ms. M. Perez represented Mr. Fisher.

Initial Position of the Parties

3Ms. Warner was seeking a Detention Order within the Forensic Service with privileges up to living in the community of the Greater Toronto Area in accommodation approved by the person in charge. In addition, Ms. Warner requested a weapons prohibition, an abstention clause covering alcohol, drugs and other intoxicants, coupled with urine/blood screening, a no-contact clause with Mr. Fisher’s mother (the victim of the index offences), subject to her written revocable consent and a reporting requirement of not less than every week when living in the community. Mr. Feindel, for the Crown, wanted to hear the evidence especially with respect to supervised community housing. Ms. Perez agreed with the hospital's position.

4It was agreed by all parties that Mr. Fisher represents a significant threat to the safety of the public. The Board agrees with the parties on their position and will explain its findings in these reasons below.

The Index Offences

5The index offences were committed on February 2, 2022. Mr. Fisher was charged with aggravated assault and assault with a weapon. The initial Hospital Report sets out the index offences at page 9, in quoting from the Court’s Judgment, as follows:

“Beginning in November 2021, Ms. Fisher began to notice changes in her son’s behaviour. He appeared to be talking to himself in a way that suggested he was having conversations with invisible people. When she bought him some shirts, he put on each shirt and then tore it off and threw it in the garbage with no explanation while laughing to himself. He would sit in his room in total darkness and refused a lamp when she offered it. A week or two before February 2, she also observed him apparently trying to repair a door that was not damaged and that did not need repairs. Ms. Fisher was concerned by these behaviours and tried to contact a case worker of some sort to see if she could secure help for her son but received no response.

On the morning of February 2, Ms. Fisher was in the kitchen washing up and Mr. Fisher was in his room. She called to him to say good morning and to ask him to go to Walmart to pick up a case of noodles. It was normal for her to ask him to pick up food and he would always do so with no issue. On this occasion however, he asked her for a tip.

She returned to her room and began to hear an unusual amount of noise from her son’s room. He was slamming the door and pushing chairs around with the lights out. She came out of her room and asked him to quiet down out of consideration for the other residents of the house, but he continued. She suggested he go for a walk if he was stressed. He was sweating a lot and looked strange. She threatened to call the police if he didn’t stop and he replied, “go call the police.”

Ms. Fisher returned to her room to call a pastor of their church in the Bahamas in the hopes that she could speak to Mr. Fisher about what was going on. She reached the pastor and then brought her cell phone into Mr. Fisher’s room and found him lying on the bed. She tried to give him the phone, saying that the pastor wished to speak to him, but he would not take it. He jumped out of bed, went to the closet, and put on shoes. He appeared stressed. She continued to try to give him the phone. He then tore two pieces of paper off his closet door and ran to a dresser drawer and pulled out a folding knife. He approached her and held the knife to her face.

Ms. Fisher kissed her son on the cheek, said she loved him, and asked him not to do this. He put his left hand to her throat and pushed her into the hallway and up against the wall. She described his demeanour by saying that it appeared that “something took over him.” His eyes were wide open. He said nothing but began stabbing her with the knife in his right hand while holding her against the wall with his left. He stabbed her in the left eye, the centre of the forehead, and the backs of both hands, which I infer she was holding up to protect her face.

Ms. Fisher said, “blood of Jesus” and Mr. Fisher released her and began to walk back to his room. She moved to leave by the front door of the residence and felt him “knock” her with the knife again in the back of the head. She fled the residence while he returned to his room.

Ms. Fisher left the house, walked down the front steps, and slipped and fell on some ice on the driveway. She called for help and was observed by a group of parents who had just dropped off their children at a school across the street. She was bleeding badly. The basement tenant emerged from the house, briefly tended to her, and then ran down the street to an EMS station located a few houses away.

Mr. Fisher then emerged onto the front landing of the house and threw something at his mother. A parent who witnessed this thought it was a beer bottle, but it appears from police photos taken later that morning to have been his mother’s cell phone. He returned to the house and came out again and threw a pair of her slippers at her. He was shouting but neither Ms. Fisher nor the onlookers who testified could make out what he said. The onlookers were shouting at him to leave Ms. Fisher alone, but he did not reply or engage with them and appeared focused on Ms. Fisher. He then went back into the house.

A passer-by took Ms. Fisher to the EMS station where she was treated by paramedics and then taken to St. Michael’s Hospital. She spent about seven weeks in the hospital and required multiple surgeries. Her injuries were not life-threatening, but she has lost all vision in her left eye and was left with permanent scars. The tip of the knife broke during the attack and was embedded in her forehead and had to be removed with a drill. Tendons in her right hand were surgically repaired.

Mr. Fisher was arrested at 9:26 a.m., a little more than half an hour after the attack. Police knocked on the door and he appeared, carrying the knife in his right hand. He put the knife down and lay down on the ground in response to police commands and did not resist arrest. One officer involved in the arrest described him as seeming confused or groggy as though he had just woken up. He had a cut on the palm of his hand. The knife itself was recovered and has a blade of approximately 7 cm.”

Background

Childhood and Family History

6Mr. Fisher was born in Soul Beach, Bahamas, on March 28, 1984. About six years ago, Mr. Fisher and his mother moved to Canada. Mr. Fisher's parents were married, and he was the eldest in a sibline of four children. He described his childhood as positive. His family owned two shops and six vehicles. His mother practiced Christianity, though religion was not important to him.

7Mr. Fisher did not report any concerns with respect to his parents’ relationship. His mother worked as a hairdresser, did nails and also sold snacks, toys and bicycles. With respect to discipline, his mother would make him go outside, tell him to take a walk or make him do chores such as wash the family’s cars. She never hit or yelled at him.

8Mr. Fisher advised that his father, George, was about 40 years old (though he did not clarify how he and his father could logically be the same age). Mr. Fisher and his father last interacted about six years ago. His father would kick Mr. Fisher out of the family home for long periods (upwards of three hours in length). During these periods, Mr. Fisher would go to his aunt’s home where he would sometimes stay overnight, or his aunts would bring him back to his parents’ home. At times, he was forced to sleep outside and sought shelter in the family’s cars. On occasion, when he was kicked out of the family home, he reported that neighbours and homeless people attempted to physically assault him.

9He described himself as a good brother to his siblings. With respect to the extended families in the Bahamas, Mr. Fisher reportedly maintained contact with an aunt, his mom’s sister. There was no reported family history of mental health issues, criminality or suicide.

Education and Conduct Disorder History

10Mr. Fisher described elementary school as good and fine from the academic perspective. He described himself as quiet. He was bullied by other children who hit, threw rocks and pushed him.

11With respect to conduct disordered behaviour during his formative years, Mr. Fisher occasionally skipped curfew. He denied getting into physical fights, hitting others, stealing, being late or truant, gang involvement, fire setting, property destruction, being cruel to children younger than him, animal cruelty, sexual aggression, breaking parental rules or duplicity and denied running away from home.

Employment History

12Mr. Fisher first held a job at age 15. He worked at his mother’s store. After this, he worked at a gas station for about eight or nine years. He also worked as a “beachboy” at a hotel. For a few months preceding the index offence he worked at Loblaws, stacking carts.

Relationship History

13Mr. Fisher identifies as heterosexual but has never been in a long-term relationship. During his lifetime he reportedly had about 50 girlfriends and met them while “walking on the street”. Despite allegedly being involved in many intimate relationships, Mr. Fisher first engaged in sexual activity at age 26 as he “just wanted to wait”.

Medical History

14Mr. Fisher did not report any medical issues.

Psychiatric History

15Mr. Fisher was never assessed by a psychiatrist prior to the index offence. In the past, he was never diagnosed with a mental health condition and was not prescribed any psychotropic medications.

Substance Abuse History

16Mr. Fisher reported a lifetime history of alcohol and nicotine use. At some stage, he began to dislike alcohol, cannabis and cigarettes and stopped consuming them.

Legal History

17Mr. Fisher did not report any history of police or legal involvement prior to the index offence.

Current Diagnosis

18Mr. Fisher's current diagnosis is intellectual developmental disorder.

Evidence at the Hearing

19The evidence at the hearing was provided by Dr. Kien Crosse, Psychiatric Resident, working under the supervision of Dr. Amina Ali, Mr. Fisher’s treating psychiatrist. Both Dr. Crosse and Dr. Ali authored the initial Hospital Report. Dr. Ali was also present at the hearing. The Hospital Report was marked as an exhibit with a number of other documents including the Warrant of Committal, Amended Warrant of Committal, a Victim Impact Statement from Mr. Fisher’s mother, an Agreed Upon Statement of Facts, the Indictment (x2), Judgment of the Court, Psychiatric Assessment Report dated May 2024, the NCR Assessment dated December 2024, Court Judgment dated February 2025, and four letters of support for Mr. Fisher.

20Dr. Crosse testified by way of update to the Hospital Report. Mr. Fisher has remained calm since his admission to the hospital on March 18, 2025. He is not being treated with any antipsychotic medication and has shown no psychotic symptoms. Medication is not warranted.

21Mr. Fisher’s reading score placed him in the extremely low range (grade 1). Overall, he showed evidence of difficulties with fluid cognitive functioning which is consistent with prior testing which found his IQ to be in the extremely low range. Mr. Fisher requires encouragement about hygiene. He demonstrates intellectual and financial limitations.

22The areas of focus for Mr. Fisher are on external supports and engagement with services to help him function. Assessments for occupational therapy will be required. Mr. Fisher will also require help with stress and with his future housing. The hospital has put a behavioural plan in place to help him deal with personal care.

23The plan for Mr. Fisher is to work with him to enable him to live independently. Over the next 12 months it is likely that he will be moved to a general forensic unit and enjoy increased privileges.

24The goal of Developmental Services Ontario (DSO) housing is not likely obtainable this year as there is a lengthy waiting list but the hospital requires a Disposition that will enable it to plan.

25In answer to questions from the Crown, Dr. Crosse testified that Mr. Fisher is not a reliable reporter. Denials by him, such as denials of alcohol usage, are not intentional but result from a lack of understanding. Dr. Crosse also stated that it is important to see how Mr. Fisher interacts with others especially given the challenging nature of the index offences. Dr. Crosse went on to say that psychopathy testing is almost negligible in that there is no established pattern of antisocial behaviour. As well, Dr. Crosse pointed out that Mr. Fisher's mother was contacted by a case worker but did not respond. Finally, Dr. Crosse stated that there were no concerns about agitation. Testing of Mr. Fisher will have to be slow and gradual over the next year.

26In answer to a question from Ms. Perez about an eventual transfer to a general forensic unit, Dr. Crosse testified that while he is ready to be transferred now, the process could take weeks or months because of waiting lists. Dr. Crosse also pointed out that Mr. Fisher was depressed when in prison and this was likely caused by being in a prison environment. Mr. Fisher, however, has always been calm and cooperative. As far as violence is concerned, the only aggression and violence displayed by Mr. Fisher were the index offences. His history indicates that he was more likely to be the victim of violence than the perpetrator. A no-contact order with his mother is appropriate but Mr. Fisher is not asking to reach out. As part of his plan, he will also likely receive 1:1 therapy and counselling.

27In answer to a question from a Board member, Dr. Crosse reiterated that Mr. Fisher does not suffer from a primary psychotic illness.

28In answer to a further question from a Board member, Dr. Crosse stated that DSO funding has not been provided yet so that he was unaware of the details except to say that funds will be eventually deposited into a bank account. When asked if Mr. Fisher could function in the community, Dr. Crosse pointed out that he did errands for his mother. Finally, Dr. Crosse stated that all DSO housing is supervised but he did not have specific details yet about the nature of the supervision.

29In answer to a further question from a Board member, Dr. Crosse testified that although patients in the general forensic units are more high functioning than Mr. Fisher, there are some general forensic units that have experience with patients with functional limitations.

Victim Impact Statement

30The Board admitted into evidence a Victim Impact Statement it received from Mr. Fisher’s mother, the victim of the index offence. The Board would like to thank Mr. Fisher’s mother for filing it.

Submissions

31Ms. Warner maintained her initial position. Mr. Feindel agreed with Ms. Warner and indicated he was content that, as long as there was on-site supervision, it need not be 24/7. Mr. Feindel added that it is clear that Mr. Fisher cannot be safely managed living independently and will require some supervision. Ms. Warner submitted that, as Mr. Fisher will likely be funded for DSO housing, there will be supervision. Ms. Perez supported the hospital, but cautioned that the wrong wording in a Disposition might slow down Mr. Fisher’s trajectory. The evidence, as she stated, made it clear that the hospital would only consider DSO housing but that the Disposition should be as widely framed as the hospital was requesting. In effect, Ms. Perez stated that this was now a joint submission.

Finding and Conclusions

32Having heard the evidence and the joint submission of the parties, the Board finds that Mr. Fisher represents a significant threat to the safety of the public. That issue was not disputed at the hearing. The Board notes that Mr. Fisher has significant limitations in his adaptive functioning that will impact his ability to live in the community. The Board also notes that further treatment and placement conditions for Mr. Fisher will involve continued assessment. As this is Mr. Fisher's initial hearing, it is still early days for him. The Board takes note of the Re-offense Scenario as set out at page 25 of the Hospital Report as follows:

“If Mr. Fisher were to reoffend, it would likely be in the context of falling away from professional and personal supports, and poor coping with stressors. Although the factors leading up to his violence are somewhat unclear, given Mr. Fisher’s history, it is likely that in the absence of a structured environment and professional supervision, he is at risk of experiencing stressors which overcome his limited abilities to cope. He would experience misinterpretation of his surrounds and violence towards others. His limited insight into his functional limitations decreases the likelihood of him seeking services.”

33Having found that Mr. Fisher represents a significant threat to the safety of the public, it falls to the Board to fashion a Disposition for the upcoming year. The Board is unanimous that public safety requires a Detention Order within the Forensic Service with privileges up to and including living in the community in accommodation approved by the person in charge. In our view, this Disposition implicitly recognizes that the hospital will move cautiously when considering a community placement for Mr. Fisher. We believe that this Disposition also takes into account that Mr. Fisher cannot function in the community without some level of supervision. A definition of wide scope will enable the hospital to plan appropriately for Mr. Fisher's eventual reintegration into society.

34In arriving at our conclusion for the appropriate Disposition, the Board has considered the paramount factor of the safety of the public, Mr. Fisher’s community reintegration, his mental condition and his other needs, all as required by s. 672.54 of the Criminal Code.