Ontario Review Board
Re: James E. Schroeder
ORB File No: 8044
Hearing held on: Tuesday, September 23, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. G. Beasley Dr. R. D. Chandrasena
Members: Dr. T. Verny Ms. K. Tomaszewski Mr. A. Mete
Parties Appearing:
Accused: Mr. James E. Schroeder Counsel: Ms. N. Circelli
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION (Dated November 14, 2025)
Introduction
On March 29, 2022, Mr. James E. Schroeder was found not criminally responsible on account of mental disorder of attempt to commit murder contrary to s. 239(1)(b) of the Criminal Code.
Mr. Schroeder is currently subject to a disposition of the Ontario Review Board (the “Board”) dated October 7, 2024, detaining him at the Southwest Centre for Forensic Mental Health Care (the “hospital”) with privileges up to and including living in the community of Elgin or Middlesex County in supervised accommodations approved by the person in charge.
On September 23, 2025, the Board convened at the Hospital to conduct Mr. Schroeder’s annual hearing pursuant to s. 672.81(1) of the Code. Ms. Circelli represented Mr. Schroeder, who was present at the hearing. Ms. Zamprogna represented the hospital and Mr. Rows the Ministry of the Attorney General.
Mr. Rows read a Victim Impact Statement into the record during the hearing (“VIS”).
Initial Position of the Parties
Ms. Zamprogna, on behalf of the hospital, submitted that Mr. Schroeder remains a significant threat to the safety of the public, and that the appropriate disposition in this matter is a continuation of the current detention order with terms and conditions changed, as set out in the Hospital Report on pages 37-38, The recommended changes include a geographic extension of accompanied and indirectly supervised access to the community; passes with an approved person for up to two weeks per year in Ontario; living in the community of Southwestern Ontario; a reduction of reporting requirements to not less than two times per month; and a removal of the abstain and no-contact clauses.
Mr. Rows, on behalf of the Attorney General, agreed with the hospital’s recommendations.
Ms. Circelli conceded for the purpose of the hearing that Mr. Schroeder remains a significant threat to the safety of the public and agreed with the disposition as recommended by the hospital and the Attorney General.
The Board had before it a joint recommendation.
Index Offence
- The index offence is described in last year’s Reasons as follows:
“On Monday May 3rd, 2021 Mr. Schroeder contacted his mother asking if he could come out to Kingsville to visit her. Mr. Schroeder arrived and spent the day with his mother and the victim. As it got later in the evening it was agreed upon that Mr. Schroeder would spend the night.
At approximately 11:30pm Mr. Schroeder entered his mother's bedroom which was in darkness, asking where she was. Mr. Schroeder's mother was asleep next to the victim. Mr. Schroeder felt around on the bed going to the opposite side where his mother was responding from. Mr. Schroeder felt up the bed until he found the victim and he began slashing the victim with an exacto knife. Mr. Schroeder yelled at the victim repeatedly, accusing him of ruining his life.
Mr. Schroeder's mother got out of bed and began to pull Mr. Schroeder off the victim. Mr. Schroeder eventually left the bedroom at which time they locked the door and called Police.
Police attended 145 Woodycrest Ave and located Mr. Schroeder standing on the front lawn, covered in blood. Mr. Schroeder was eventually placed under arrest for assault with a weapon.
Mr. Schroeder was transported to the Kingsville OPP Detachment where he was lodged in cells before speaking with his counsel of choice.
Following his phone call with counsel Mr. Schroeder was returned to his cell. At this time Mr. Schroeder advised Police, "You should probably charge me with attempt murder or manslaughter. I shouldn't be released tonight. I should probably go to South West or the Pen". Police asked Mr. Schroeder why he did it, to which he replied, "Because I felt like it. I wanted to kill him".
As a result of the utterances made by Mr. Schroeder, he was re-arrested for Attempt to Commit Murder. Mr. Schroeder, again, spoke with his counsel of choice.
The victim was transported to Leamington Hospital by EMS for treatment of his injuries. The victim sustained eleven (11) lacerations, including one (1) to his neck. In total the victim required twenty-seven (27) sutures.”
Background
The following background is taken in part from last year’s Reasons.
Mr. Schroeder did not have significant problems until grade 4 when he began struggling with attention. In high school, he struggled with mathematics, however, he was an athlete and eventually obtained a scholarship which allowed him to attend Coker College in South Carolina for two years on a tennis scholarship. There, he struggled with drug use and did not complete his studies. His tennis coach told the family that he was dealing drugs and had been making pill cocktails. Since then, he attended St. Clair College and University of Windsor but was unable to complete those programs due to ongoing substance use issues.
Mr. Schroeder worked as a tennis instructor for 12 to 15 years, but COVID restrictions interfered with this employment.
Around 2018 his family began noticing positive symptoms of psychosis.
Approximately three months before his arrest on the index offence, he was suffering from paranoia and made his mother retain a private investigator. On March 11, 2021, she was able to obtain a Form 2 order for examination under the Mental Health Act. From March 12 to 22, 2021, Mr. Schroeder was admitted to the Windsor Regional Hospital Ouellette Campus due to increasing paranoia. He was thought to have a psychotic episode induced by cannabis.
About two weeks before his arrest Mr. Schroeder called his mother and said someone wanted to kill him. She picked him up and observed that he had a bloody hand. He would not return to his place to collect his belongings, jumped out of the car, banged on the door of a random house saying he needed help. He was found by the police in a backyard and taken to Erie Shores Health Care.
On April 20, 2021, Mr. Schroeder was assessed at the Windsor Regional Hospital after initially being taken to Erie Shores Health Care by the police. He was agitated and displayed bizarre behaviour. He was detained on a Form 1 under the Mental Health Act and initially diagnosed with an unspecified psychotic disorder and a cannabis use disorder. On April 30, 2021, Mr. Schroeder was released from the Windsor Regional Hospital. He committed the index offence on May 3, 2021.
Mr. Schroeder has no significant personality traits relevant to his risk to the public. He does not meet the diagnostic criteria for ADHD. Psychological testing revealed cognitive abilities in the normal range.
His medications have been optimized at this time, and the symptoms of schizophrenia are in remission because of the treatment. He has been prescribed sertraline for anxiety. He has participated in CBT for social anxiety and substance relapse; therapy for substance relapse through Addiction Services Thames Valley, and DBT groups. He has good insight into his need for treatment. His insight has developed over time with respect to the impact of substance use. Mr. Schroeder has remained abstinent during his time in the hospital, and as a result did not qualify for the Westover residential treatment program.
Mr. Schroeder moved into the Clarke Centre, London, a 24/7 supported transitional residential centre managed and operated by St. Leonard’s Society, in mid-August 2024. The Clarke Centre has provided Mr. Schroeder with the ability to renew his functional skills and to take on the demands of daily living within a supportive/staffed environment. His tenure at Clarke Centre ends in the summer of 2026.
Mr. Schroeder’s current diagnoses are Schizophrenia (in remission); Substance Use Disorder; and Social Anxiety Disorder (mild).
Evidence at the Hearing
The Board marked as exhibits: the Hospital Report dated July 2, 2024 (Exhibit 1); and an Update to the Hospital Report dated September 11, 2025 (Exhibit 2).
The Boad advised all the parties that it will follow the procedure approved by the Court of Appeal, in the decision of Klem (2016 ONCA 119). The Board will only take into consideration those parts of the VIS that comply with the provisions of the Criminal Code. All parties consented to the admissibility of the VIS, as edited in consultation with all counsel.
Dr. Ajay Prakash, Mr. Schroeder’s attending psychiatrist, adopted the contents of the Hospital Report and Update, and provided oral evidence for the hospital.
Dr. Prakash told the Board that things have been going very well for Mr. Schroeder at the Clarke Centre. Because his tenure at Clarke Centre ends in the summer of 2026, Mr. Schroeder had been giving serious consideration to moving to Belle River to live with his father. The purpose of expanding the geography of community living and passes in the Disposition is to facilitate this potential move.
Mr. Schroeder is currently exploring the possibility of obtaining an independent apartment in the London area. He has settled into the community and in August (2025) he obtained full-time employment in London. Mr. Schroeder enjoys his work very much, and benefits from the structure in his daily and weekly routines.
Mr. Schroeder will still be welcome to move in with his father in Belle River if he wishes to leave London in the event that his current employment and/or housing plans are unsuccessful.
The Forensic Outreach Treatment team is in the preliminary stages of discussing apartment suitability and choice. The team recommended to Mr. Schoeder a possible referral to the Forensic Supportive Housing Program (FSHoP), managed and operated by St. Leonard’s Society. This program also provides residential subsidy support in addition to clinical support. A referral will be made this fall 2025.
Before the team will consider a conditional discharge, the doctor stated that Mr. Schroeder needs to effectively manage stress in the community, without substance use, and without decompensation of his mental status. This is the major risk factor. The treatment team needs to assess Mr. Schroeder’s stability over the next year as he adjusts to stressors of moving and maintaining full-time employment.
Mr. Schroeder’s professional supports are mainly forensic, but he does have a family doctor in Windsor. This is the reason for the passes to travel in Southwestern Ontario.
The purpose of the recommendation to increase and provide for passes with an approved person for up to two weeks per year in Ontario is to enable Mr. Schroeder to participate in family activities and vacations, thereby strengthening those relationships and supports, and providing prosocial activities for Mr. Schroeder. Both his mother and biological father are approved persons.
Dr. Prakash told the Board that Mr. Schroeder has remained abstinent from substances since the index offence. All urine drug-screen tests have been negative for substances since the index offence. In other words, Mr. Schroeder has not used substances while living in the community, despite his exposure to opportunities for their use. He has developed good insight into the negative effects of substance use, although he says that he may drink alcohol on special occasions.
The hospital recommends the removal of the abstain clause from the disposition to provide the treatment team with the opportunity to assess Mr. Schroeder’s ability to maintain abstinence while subject to the stressors of living in the community and while he is subject to a detention disposition. Dr. Prakash told the Board that the Warrant of Committal is necessary to manage Mr. Schroeder’s risk to the public if he relapses into substance use.
The hospital recommends the removal of the no contact clause at the request of the victim of the index offence.
In August 2025 Mr. Schroeder began meeting with the St. Leonard’s restorative practices team, in-person, to prepare for a restorative justice circle with the victim of the index offence. This process was initiated by the victim of the index offence. The circle took place on August 15, 2025, and on September 18, 2025. Mr. Schroeder reported that the meetings went well.
The symptoms of Mr. Schroeder’s mental illness are under control, and the medications are optimized. Mr. Schroeder remains committed to treatment.
Dr. Prakash told the Board that Mr. Schroeder has had a very good year, and that the treatment team recommends the reduction of reporting requirements to a minimum of two times per month to allow Mr. Schoeder to demonstrate his growing ability to maintain stability and abstinence with less supervision. Dr. Prakash pointed out that the treatment team can increase the reporting requirements, if necessary, since the disposition provides for the minimum reporting frequency.
No further evidence was called by any party.
Final Submissions
- All counsel reiterated their initial positions that significant threat was not in issue, and a detention order was the necessary and appropriate and least restrictive disposition, with the changes as recommended and amended by the hospital.
Analysis and Conclusion
The Board is unanimously of the view that Mr. Schroeder represents a significant threat to the safety of the public and a detention disposition is necessary and appropriate, in accordance with the decision of the Supreme Court of Canada in Winko, and subsequent court decisions.
Although the issue of significant threat was not contested in this matter, the Board makes a specific finding that Mr. Schroeder remains a significant threat to the safety of the public.
The Board notes the severity and violence of the index offence in which Mr. Schroeder acted in response to his delusions; Mr. Schroeder’s diagnosis of a major mental disorder including persecutory delusions; and his prior history of substance use which has an exacerbating effect on his mental disorder. Mr. Schroeder also has a recent prior conviction for possession of a handgun.
Mr. Schroeder remains vulnerable to stress. As evidenced three years ago, Mr. Schroeder can decompensate quickly in the face of stressors. The Warrant of Committal is a necessary safeguard during the upcoming year as Mr. Schroeder transitions to a new living situation, maintains a full-time job, and lives in the community with less supervision.
During the upcoming year, the treatment team will assess his ability to deal with life stressors and will determine whether Mr. Schroeder’s motivation to remain abstinent from substance use is externally or internally driven.
The Board agrees with the doctor’s expert opinion that, particularly since Mr. Schroeder can decompensate very quickly, the Hospital requires the ability to bring Mr. Schroeder to the Hospital quickly in the event of a relapse. To safeguard the public safety, the Hospital also needs to be able to approve Mr. Schroeder’s accommodations. There is no air of reality to a conditional discharge.
The Board agrees with the joint position of all counsel that a detention disposition is necessary in these circumstances. Mr. Schroeder continues to require supervision and support in the community to account for his recent transition as well as his risk of violence and history of rapid decompensation. Given the complexity of Mr. Schroeder’s mental health history, reliance on the Mental Health Act alone would be insufficient in protecting the public’s safety, and a more proactive approach to intervention is recommended to prevent deterioration rather than responding only once risk has escalated.
In the circumstances that both of Mr. Schroeder’s biological parents are approved persons, the Board determined that the inclusion of the passes recommended by the hospital were necessary and appropriate and least restrictive. The Board also determined that it is necessary and appropriate to expand the geographic territory for community living to permit Mr. Schroeder to live with his father in Belle River if he changes his current plans to live in London.
The evidence supports the hospital’s recommendation that the abstain clause be removed to allow the team to assess Mr. Schroeder’s ability to abstain from substance use during the upcoming year. The evidence indicates that Mr. Schroeder has maintained abstinence since the index offence, and that the risk to the public of a relapse can be managed safely under a detention order.
The victim of the index offence has requested the removal of the no contact clause. It is necessary and appropriate to remove the no contact clause from the disposition.
Mr. Schroeder has remained committed to treatment, and the symptoms of Schizophrenia are in remission. He has developed good insight into the risks of relapsing into substance use. It is necessary and appropriate for the minimum reporting requirements to be reduced from four times per month to two times per month. This will enable the treatment team to assess Mr. Schroeder’s ability to develop greater independence in the community. As Dr. Prakash pointed out in his testimony, the treatment team has the authority to increase the reporting requirements if necessary to protect the safety of the public and to support Mr. Schroeder in the community.
In making this disposition, the Board considered the safety of the public, as well as Mr. Schroeder’s needs, mental condition, and rehabilitation, as required by s. 672.54 of the Code.
The Board congratulates Mr. Schroeder on his progress this year and wishes him every success in the upcoming year.
DATED this 14th day of November 2025, at the City of Toronto, in the Region of Toronto.
Ms. K. Tomaszewski Legal Member
Office of the Registrar Ontario Review Board