Re: Donald Chevrier
ORB File No: 5495
Hearing held on: Friday, September 5, 2025
Place of hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. R. Kunjukrishnan
Dr. W. Loza
Ms. M. den Haan
Ms. R. MacIntyre
Parties Appearing:
Accused: Donald Chevrier
Counsel: Mr. M. Bird
The person in charge of hospital: Representative: Dr. A. Adiele
Attorney General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated November 4, 2025)
Introduction:
On November 24, 2009, the accused, Donald Chevrier, was found not criminally responsible on account of mental disorder on a charge of assault causing bodily harm, contrary to the Criminal Code of Canada.
Mr. Chevrier is currently subject to a Disposition of the Ontario Review Board dated September 4, 2024, which detains him at the secure forensic unit of the Brockville Mental Health Centre (“BMHC” or the “Hospital”) with privileges up to and including to live in the community of Eastern Ontario in supervised accommodation approved by the person in charge.
On September 5, 2025, a panel of the Ontario Review Board convened at BMHC to conduct Mr. Chevrier’s annual hearing. Mr. Chevrier was in attendance and was represented by his counsel, Mr. Michael Bird.
A Hospital Report dated August 15, 2025, was entered as Exhibit 1.
The issue at this hearing is whether Mr. Chevrier continues to represent a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in all the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
Position of the parties
At the outset of the hearing, the parties were canvassed for their initial recommendations to the Board. On behalf of the Hospital, Dr. Adiele submitted that the existing Detention Disposition with changes to paragraphs 2(e) and (f) permitting Mr. Chevrier to enter the community with staff from the Hospital or Developmental Services Leeds and Grenville, and adding the privilege of passes for up to seven days was the necessary and appropriate Disposition.
Counsel for the Attorney General supported the position of the Hospital including the recommended changes.
Counsel for Mr. Chevrier also supported the recommendations from the Hospital and therefore the Board was presented with a joint submission.
For the reasons set out below and based on the evidence and expert opinions before us, the Board independently concluded that Mr. Chevrier continues to represent a significant threat to the safety of the public and that his risk can be properly managed with a continuation of the existing Detention Order Disposition, with the changes recommended and reflected in our formal Disposition. The Board concluded that the above is the necessary, and appropriate, Disposition in the circumstances.
Index Offence
- The circumstances surrounding the Index Offence are set out in the Hospital Report as follows:
“The accused and the victim are currently both residing at the Northeast Mental Health Centre in Ward 1CD at 4700 Highway 11 North in the City of North Bay. The accused was admitted voluntarily on July 8, 2009.
On July 9, 2009 at 4:30 p.m., the victim was in the “day room”, at which time he was attacked from behind by the accused who kicked him in the face. The victim attempted to run down the hall towards the nurse’s station for help and fell to the ground. As the victim fell to the ground, the accused, who was chasing the victim, then began to kick the victim at the back of the head, at which time several nurses intervened and removed the accused from the area.
The incident was reported to police on July 10, 2009, at which time the accused was being held in segregation. The accused was arrested for 1 count of Assault Cause Bodily Harm. The accused was provided with his rights to counsel and cautions, at which time the accused stated, “I don’t care”. The accused was escorted to North Bay Police Service Headquarters where he was held for WASH court on July 11, 2009.”
Current Diagnoses:
Mild Intellectual Impairment (with poor impulse control)
Schizoaffective Disorder
Substance Misuse Disorder (cannabis, alcohol, cocaine)
Antisocial Personality Disorder
Personal Background:
Mr. Chevrier’s personal history and background are set out in detail in the Hospital Report and need not be repeated here. Briefly summarized, Mr. Chevrier is a 55-year-old man whose difficult upbringing and childhood years are described in the Hospital Report.
The Hospital Report indicates that “Mr. Chevrier has a history of conduct disorder and antisocial personality disorder, as well as a lengthy history of offending behaviour which includes violent offences. His psychological history suggests various childhood symptoms consistent with attention deficit hyperactivity disorder and diagnosis of intellectual development disorder (mild mental retardation), with a full scale IQ of 52 (tested in 1977). As a teenager, he developed substance use disorder (alcohol, marijuana, cocaine as per records). Mr. Chevrier also began to experience psychotic symptoms in 1989 and was given the diagnosis of substance-induced psychosis during several psychiatric admissions in the following years. In 1995, he was diagnosed with schizophrenia.”
Mr. Chevrier has an extensive criminal record with over 100 convictions primarily related to property and theft offences, although there are five convictions for assault.
Mr. Chevrier also has a lengthy history of psychiatric admissions which began in 1989. Of note is the fact that Mr. Chevrier’s actuarial scores are indicative of a high-risk individual and include a PCL-R score of 27 out of 40, an updated VRAG score that falls in the 9^th^ of 9 bins and an HCR-20 score of 37 out of 40.
Evidence at the Hearing:
The Hospital’s evidence was presented through the Hospital Report and through the oral testimony of Dr. Anthony Adiele. Dr. Adiele is Mr. Chevrier’s treating psychiatrist and adopted the contents of the Hospital Report.
Dr. Adiele testified that over the treatment year, Mr. Chevrier has done better than the prior year and the treatment team is planning his discharge to DD-TRHP 24-hour housing before the end of the year. The team has been waiting for someone to move out of the housing, and it appears that they have now done so. The discharge process will be gradual, and Mr. Chevrier will spend a few hours at the home, then a few days, and then some overnights before a full transition. Mr. Chevrier will have 30 days’ temporary leave from the Hospital for the discharge process. Although there is no specific date for discharge from the Hospital, Mr. Chevrier is more cheerful because he knows that he will be discharged soon.
Mr. Chevrier’s mental condition has been stable throughout the year. His insight remains limited, however, especially with respect to the use of cannabis.
Mr. Chevrier exercises community privileges but is not permitted to go to Walmart because there is a cannabis store nearby. Instead, he goes to Giant Tiger. He has some vocational jobs at the Hospital including dining room clean-up, and Dr. Adiele says that Mr. Chevrier is doing his best at those jobs.
In response to questions from counsel for the Attorney General, Dr. Adiele testified that, as noted at page 95 of the Hospital Report, in September 2024 Mr. Chevrier suffered decompensation in his mental state with no apparent trigger.
Mr. Chevrier was last found to have used cannabis on March 22, 2025. On that day, he took a taxi, bought cannabis, and then told staff what he had done when he returned. There was no observed decompensation in Mr. Chevrier’s mental state, but with regular use of cannabis, Dr. Adiele is of the opinion that Mr. Chevrier’s mental state would decompensate, depending on any strain or paranoia he was experiencing. Mr. Chevrier states that cannabis relaxes him and makes him feel good. Dr. Adiele does not recommend removing the requirement to abstain from cannabis use from the Disposition. Solely requiring that Mr. Chevrier provide an itinerary when he leaves the Hospital would not mitigate the worry of him going to the cannabis store, as he would be unlikely to write on the itinerary that he was going to go to the cannabis store.
As noted at page 96 of the Hospital Report, there was an incident of medication diversion in May or June 2025. Some Seroquel tablets were found during a search. Mr. Chevrier explained that he kept the tablets because he did not want to go to bed early and wanted to play video games instead. He had intended to take the medication later so that he would not become tired before he was ready to retire to bed. Since that time, his medication has been crushed, and this can also be done at the DD-TRHP housing.
As noted at page 98 of the Hospital Report, Mr. Chevrier has limited insight, judgment, and impulse control, and requires continual reminders about rules and expectations due to his intellectual disability.
Mr. Chevrier has had a positive year which is leading to his discharge from Hospital. There have been no incidents and no drug use. He listens to staff, he avoids conflict, and he has not made any inappropriate comments. Mr. Chevrier keeps busy, is out of the Hospital every day, and is attempting to find employment in the community He can work for periods of three to four hours at a time with frequent breaks. Mr. Chevrier has used his indirectly supervised privileges in the community very appropriately.
In response to questions from counsel for Mr. Chevrier, Dr. Adiele testified that Mr. Chevrier’s sister, Nora, is involved in Mr. Chevrier’s life. She lives in North Bay. The Hospital recommends expanding the travel radius in Mr. Chevrier’s Disposition to within 500 km of the Hospital to allow Mr. Chevrier to travel to North Bay should he wish to do so. DD-TRHP housing has also requested an increase in the radius in the Disposition to allow them to take him to events in Toronto and other areas. Currently Mr. Chevrier goes to Ottawa with his passport worker.
Dr. Adiele is not concerned that Mr. Chevrier will get along with the co-residents at DD-TRHP housing. There are not many residents there, possibly only one other resident, and Mr. Chevrier has lived with this resident before in Hospital. Dr. Adiele estimates that Mr. Chevrier will remain in this housing for approximately two years; then he may be ready to move into supported housing. He will aways need structure and supervision in his housing.
Mr. Chevrier receives a long-acting injectable antipsychotic medication, and when the oral medication is crushed, Mr. Chevrier is fully compliant with prescribed medications.
In response to questions from the panel, Dr. Adiele testified that currently Mr. Chevrier is seen by staff once a week and by Dr. Adiele every four weeks. Random urine drug screens continue. The Hospital could see Mr. Chevrier more often if required, and staff at DD-TRHP housing are in close contact with the Hospital and can request extra visits from staff.
No other evidence was presented.
Final Submissions of the Parties
- In closing submissions, the parties maintained their joint position that the existing Detention Order Disposition remains the necessary and appropriate Disposition in the circumstances with the changes to include staff of Developmental Services of Leeds and Grenville in paragraphs 2(e) and (f), passes up to seven days, and an increase in the radius to within 500 km of the Hospital in Ontario as discussed.
Analysis and Disposition
Having considered all of the evidence tendered at the hearing and the submissions of the parties, the Board does find that Mr. Chevrier continues to pose a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada, and as further defined in the Winko decision.
The Board accepts uncontroverted evidence set out in the Hospital Report and the oral testimony of Dr. Adiele. In particular, the panel is mindful of the risk assessment and the expert opinion of Dr. Adiele that Mr. Chevrier suffers from several major mental illnesses and poses a significant threat to public safety as summarized at page 102 of the Hospital Report. Based on his HCR-20 scores, Mr. Chevrier currently presents a moderate to high risk for future violence. His PCL-R score is 27/40, indicating significant psychopathic traits. Although his mental state is currently clinically stable, his history of substance use, extensive history of violence dating to 1988, antisocial behaviour, and historical treatment non-compliance elevates the risk.
Flowing from the Board’s finding of significant threat to the safety of the public, the Board considered the appropriate Disposition. We accept Dr. Adiele’s evidence that Mr. Chevrier has done well this past year and that with the support of the Hospital team he is ready to move into the community in a supervised and monitored setting. That transition will be made slowly to minimize the stress for Mr. Chevrier. In considering the evidence, the panel concludes that a Detention Order remains necessary and is appropriate to ensure appropriate housing and supports that are required for Mr. Chevrier’s success in the community.
The panel commends Mr. Chevrier on a successful year, and we wish him well for the coming year with his discharge into the community. The panel agrees that it is beneficial to Mr. Chevrier that the Disposition expands the geographic area within Ontario to allow more community travel opportunities and the possibility of visiting his sister in North Bay. The Board agrees that the other recommendations for minor changes as set out in our formal Disposition are both necessary and appropriate.
We have taken into consideration the factors at section 672.54 of the Criminal Code of Canada, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs in coming to our unanimous finding.
DATED this 4^th^ day of November, 2025, at the City of Toronto, in the Toronto Region.
Ms. M. den Haan Legal Member
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Office of the Registrar
Ontario Review Board