Re Troy Jacob, 2025 CanLII 117168

Re: Troy Jacob

ORB File No: 6992

Hearing held on: Wednesday, September 17, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Section 672.81(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: Troy Jacob Counsel: Ms. S. Dubb

The person in charge of hospital: Counsel: Mr. K. Dow

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated November 14, 2025)

Introduction

1. Troy Jacob was found not criminally responsible by reason of mental disorder (NCR) on July 19, 2016, on a charge of robbery and fail to appear, both contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. Jacob is currently the subject of a Disposition of the Ontario Review Board dated September 26, 2024, with Reasons for Disposition dated November 1, 2024, detaining him within the Forensic Service of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the Hospital”) with certain privileges up to and including to live in the community in accommodation approved of by the person in charge.

3. On September 17, 2025, a panel of the Review Board convened to review the Disposition in accordance with the requirements of s. 672.81(1) of the Criminal Code. Ms. Dubb, counsel for Mr. Jacob, attended the hearing with Mr. Jacob, who was present at his hearing. A Hospital Report dated August 21, 2025, was filed as Exhibit 1 at the hearing. In addition to the documentary evidence, Dr. Pallandi gave oral evidence at the hearing.

4. The issues to be determined are whether Mr. Jacob continues to represent a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

Position of the Parties

5. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

6. Counsel Mr. Dow, on behalf of the hospital, submitted that Mr. Jacob continued to be a significant threat to the safety of the public and recommended no change to the existing Disposition.

7. Counsel for the Attorney General, Ms. MacDonald, supported the recommendation of the hospital.

8. Counsel, Ms. Dubb on behalf of Mr. Jacob conceded the issue of significant threat; and recommended a Conditional Discharge to the Board.

Current Diagnoses

9. Mr. Jacob’s current diagnoses are one of schizophrenia and cocaine use disorder, moderate, in early remission in a controlled setting.

Index Offence

10. The circumstances of the index offences are taken from the Crown Brief referred to in the Hospital Report as follows:

“On April 25, 2014, the accused, Mr. Troy Jacob, entered the Quickie convenience store at 1386 Richmond Road, and proceeded to the counter. He asked the employee and the manager, working behind the counter, for three different packs of cigarettes. They were given to him at which point he asked for a paper and a pen and proceeded to write on the back of the receipt. It was later discovered that he had written his name on the receipt. He then told the employee that “I’m taking these smokes for the price your owner has to pay him, if you want to call the cops go ahead, I don’t care”. He then exited the store, holding up a metal pipe, without attempting to pay. The employee told the manager, who then exited the store and approached Mr. Jacob and told him he needed to pay for the cigarettes. Mr. Jacob then brandished a chrome threaded metal pipe approximately 15 inches long in front of the manager. Responding officers located and arrested Mr. Jacob in the area. He was searched incident to arrest and the metal pipe, three packs of cigarettes, and a large hunting knife in a sheath on his belt were found.”

Background

11. Mr. Jacob’s personal background and psychiatric history are detailed in the Hospital Report filed as an exhibit and need not be repeated in these Reasons.

12. Briefly, Mr. Jacob is 49 years old and was born in Winnipeg, Manitoba to a teenage mother. He reported that primarily his grandparents raised him, as his mother was always in school. Mr. Jacob resided in Winnipeg until grade eight when he moved to Toronto with his mother.

13. Mr. Jacob left home around age 16-17, was selling and using drugs and lived in shelters. He attained his GED and subsequently attended Loyalist College in Trenton. He completed two years in broadcast journalism and then transferred to Guelph for horticulture studies. He was there for about three years but did not finish due to his illness.

14. Mr. Jacob moved in with a girlfriend who became pregnant and moved back to Australia. Mr. Jacob went with her, and the couple had two children. He returned to Canada because of immigration issues and moved to Ottawa (site of index offences) in 2003. He was living in a shelter and using crack cocaine. In August 2016, he was convicted of robbery with a firearm and possession of a prohibited/restricted weapon and was sentenced to 15 months incarceration.

15. Mr. Jacob was diagnosed with schizophrenia with several mental health related issues and extensive substance use, including cannabis and crack cocaine. He had outpatient care but had a history of non-adherence to his treatment regimen and was not taking his antipsychotic medication prior to the index offence of robbery.

Evidence at the Hearing

16. The hospital's evidence was presented through the oral testimony of Dr. Pallandi to supplement the Hospital Report which was filed as Exhibit 1 at the hearing.

17. Dr. Pallandi advised that Mr. Jacob had a relatively good reporting year and had not had any notable incidents. Of note, Mr. Jacob began living at Halsey Lodge in 2024, which is a 24-hour supported group home in Georgina, Ontario. Mr. Jacob is doing well in this supportive setting but continues to struggle with issues around personal hygiene. However, Dr. Pallandi advised that he has committed to do better in this regard in the upcoming year.

18. Dr. Pallandi advised that Mr. Jacob has been compliant with medications and treatment, that his current psychotic symptoms appear well managed, and that he has had no recent issues with substance abuse. He continues to engage in individual therapy. Dr. Pallandi gave evidence about Mr. Jacob’s intentions to move. Although Mr. Jacob is settled at Halsey Lodge, he had conveyed to his treatment team and to Dr. Pallandi for some time that he wished to move to Ottawa, Ontario. Dr. Pallandi advised Mr. Jacob very recently abandoned this idea and was considering staying in the Durham Region to be closer to his mother. Dr. Pallandi’s evidence was that the treatment team has not yet been able to explore other independent housing options in the Durham Region that would provide the degree of support that Mr. Jacob needs.

19. Dr. Pallandi provided evidence that he has considered whether Mr. Jacob would be appropriate for the Maxwell Residence, which is a residence in Bowmanville, Ontario that Dr. Pallandi is familiar with. This residence would have adequate supports to continue to provide Mr. Jacob with the stability he requires to manage his medication compliance and risk factors. This is an option that Dr. Pallandi and the treatment team will explore with Mr. Jacob over the coming year.

20. Dr. Pallandi advised that had Mr. Jacob agreed to stay at Halsey Lodge, the treatment team would have considered whether it was appropriate to recommend a conditional discharge. However, given the degree of support he needs to maintain stability and medication compliance and his desire to move from Halsey Lodge, the team did not support a conditional discharge at this time. They will consider it once stable housing is in place.

21. Dr. Pallandi was questioned by Counsel for the Attorney General about Mr. Jacob’s current accommodations at Halsey Lodge. Dr. Pallandi advised that Mr. Jacob has a single occupant private room which he needs in order to have privacy to do the phone-based work that Mr. Jacob engages in. However, Dr. Pallandi felt that if Mr. Jacob was amenable, Maxwell House may be able to accommodate him. Dr. Pallandi felt that Mr. Jacob may prefer the accommodations at Maxwell House.

22. Counsel for the Attorney General asked Dr. Pallandi about Mr. Jacob’s prior failed attempt to live in the community. Dr. Pallandi confirmed that this recent unsuccessful attempt to return Mr. Jacob to the community was the motivation for the treatment team to request the Board for a continuation of the Detention Order. Maintaining a stable residence ensures Mr. Jacob’s stability and risk management in the community. Dr. Pallandi agreed that the crux of Mr. Jacob’s continued success in reintegrating into community living centres around having supportive housing.

23. Dr. Pallandi was also asked questions by counsel for the Attorney General about his compliance with medication. Dr. Pallandi advised that Mr. Jacob is an enthusiastic participant in the process of discussing and optimizing his treatment. However, Mr. Jacob has conveyed to Dr. Pallandi that were he not under the Board's supervision, he would stop taking his medication. This is an obstacle to insight that Dr. Pallandi indicated he and the treatment team would have to deal with.

24. During cross-examination by counsel, Ms. Dubb, Dr. Pallandi was asked about the unsuccessful attempt to move Mr. Jacob into the community in 2022. Dr. Pallandi advised that it was an independent housing program, however, he was not the psychiatrist for Mr. Jacob at the time but that it was a situation that was not as supportive as Mr. Jacob needed or could handle at the time.

25. Dr. Pallandi agreed in cross-examination that some of Mr. Jacob’s issues around his health struggles with substance use and difficulties with sleep have now been resolved and that the resolution of these issues may mean Mr. Jacob is more amenable to a less supervised setting in the community.

26. Dr. Pallandi was asked questions by the Board and clarified that Mr. Jacob continues to have the support of his cousin as his substitute decision maker.

27. Dr. Pallandi was also asked about the team's willingness to support and recommend a conditional discharge for Mr. Jacob and provided evidence that had Mr. Jacob been willing to stay at Halsey Lodge, they would have supported a conditional discharge. However, given his desire to leave and move to Ottawa, the team did not feel it was appropriate at this time. Dr. Pallandi was of the opinion that Mr. Jacob is best managed on the current Disposition with community living.

Final Submissions of the Parties

28. Mr. Dow, on behalf of the hospital, maintained his initial position that Mr. Jacob remained a significant threat to the safety of the public and that the existing Disposition should remain in place. Mr. Dow did submit to the panel that the hospital may support an early review of Mr. Jacob’s Disposition should these issues of housing be resolved.

29. Counsel Ms. MacDonald, on behalf of the Attorney General, adopted the hospital’s position.

30. Ms. Dubb, on behalf of Mr. Jacob, submitted that Mr. Jacob has made good progress, had a good reporting year and should be discharged into the community and recommended that the panel could add a reside condition that stipulates that Mr. Jacob reside at Halsey Lodge.

Conclusion and Disposition

31. The panel carefully reviewed and considered all of the evidence presented at the hearing including the Hospital Report filed as Exhibit 1 and the oral evidence of Dr. Pallandi.

32. The Board finds that Mr. Jacob continues to pose a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code. We make this finding based on the evidence of Dr. Pallandi and the evidence contained in the Hospital Report which outlines the re-offence scenarios notwithstanding the joint position on significant threat as outlined by the parties.

33. Mr. Jacob has made a number of positive gains over the last reporting year. However, in the past he had limited stability in terms of his mental state. He has limited insight into his illness and has lived in the community in a structured setting that is highly supportive. These factors impact his risk. Given he is unsure of whether he will stay at Halsey Lodge or move somewhere else, and the evidence and opinion of Dr. Pallandi that his housing provides significant stability, the Board does not find it necessary and appropriate to conditionally discharge Mr. Jacobs as the hospital would not be able to approve Mr. Jacob’s housing.

34. The Board was not provided with any plan about where Mr. Jacob would live if he did not stay at Halsey Lodge. Given the uncertainty, the Board is not satisfied that risk can be managed on a conditional discharge. However, the Board urges the treatment team and Dr. Pallandi to work with Mr. Jacob on finding suitable housing that will allow him to continue on his positive trajectory and reintegrate into the community.

35. Mr. Jacob should be commended for his continuing compliance with medication, for abstaining from substances and his continued employment. All of these efforts are to his credit, and he should be acknowledged for those achievements.

36. For all of these reasons, the panel is unanimous that the current Disposition remains the least onerous and least restrictive Disposition at this time. In reaching this decision, the Board has considered the safety of the public which is paramount, Mr. Jacob’s mental state and his reintegration into society and other needs.

DATED this 14th day of November 2025, at the City of Toronto, in the Region of Toronto.

Ms. J. Greenwood Legal Member

Office of the Registrar Ontario Review Board