Ontario Review Board
Re: Michaela Nicole Davey
ORB File No: 8813
Hearing held on: Monday, September 15, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. S. Nagari by Zoom Dr. M. Choptiany Ms. J. Greenwood Ms. C. Plyley
Parties Appearing: Accused: Michaela N. Davey Counsel: Ms. A. Szigeti (by Zoom)
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated November 14, 2025)
Introduction
Michaela Nicole Davey, age 25, was found unfit to stand trial on account of mental disorder on April 11, 2025. She had been charged with theft under (x2), fail to comply with a probation order (x9), assault, possession of property under $5000 (x2), contrary to the Criminal Code. The Court declined to make a disposition and referred the matter to the Ontario Review Board (the “Board”).
On September 15, 2025, Ms. Davey made her initial appearance before the Board at the Ontario Shores Centre for Mental Health Sciences (the “hospital”). The primary issue was fitness.
Exhibit 1 was a Hospital Report dated June 24, 2025. Exhibit 2 was the criminal court file consisting of police synopses, a CPIC print out, charging documents, a transcript, and earlier assessments. The patient’s counsel had provided in advance the decisions of R vs Bharwani (SCC) and Re Clayton (Ont. C.A.)
In preliminary positions, the hospital advanced that the patient was unfit to stand trial and recommended a Detention Order on terms. Crown counsel believed that the hospital’s position was sound. Ms. Szigeti wanted to reserve her position until the evidence was heard, but if the Board found her client fit, a Keep Fit Order should be issued.
By the conclusion of the hearing, after reviewing and receiving the evidence and submissions, the Board found that Ms. Davey continued to be unfit to stand trial and a Detention Order on terms found in the Hospital Report was appropriate.
Evidence at the Hearing
Dr. D. Bhullar, the patient’s psychiatrist, testified. By way of updates, Dr. Bhullar indicated that Ms. Davey had been found incapable to consent to treatment on July 20, 2025, and her appeal to the Consent and Capacity Board was dismissed on August 7, 2025.
Dr. Bhullar indicated that Ms. Davey continues to have psychotic symptoms, both positive and negative. In addition, Ms. Davey presents as disorganized, with thought blocking, paucity of speech, and problems in focusing. There are continued hallucinations, both auditory and visual. Ms. Davey stays in her room a lot and frequently refuses meals. Ms. Davey has voiced that it is unsafe to leave her room. She describes seeing her three-year old son in the hospital hallways who has instructed her to starve. Recently, Ms. Davey started nibbling on some foods and is now eating about 50 percent of the time. The patient routinely skips breakfast.
Ms. Davey has been compliant with her long-acting injection. Recently, the Public Guardian and Trustee, her substitute decision maker, has agreed to increase the frequency of her long-acting injection to 21 days from the present 28 days. There are some preliminary medical issues to be sorted out before the frequency of injections changes.
Ms. Davey has sometimes declined to engage in fitness coaching, but, of late, has been more open to it. Ms. Davey's last fitness review occurred September 11 at which time she presented as unfit.
Over the last few weeks there has been a small improvement regarding fitness. With prompting, Ms. Davey can list her charges. She can identify plea options. She continues to struggle with describing the consequences, the trial process, and the roles of justice participants. Occasionally she gets the role of justice