Re: Aedyn J. Pickering
ORB File No: 8622
Hearing held on: Monday, October 6, 2025
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus Hamilton, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. H. Bloom Dr. A. Kerry Ms. S. Clapp Mr. W. Apted
Parties Appearing: Accused: Aedyn J. Pickering Counsel: Mr. M. Schloss
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. K. Malkovich
REASONS FOR DISPOSITION
(Dated November 10, 2025)
Introduction:
On September 11, 2024, Aedyn J. Pickering was found not criminally responsible on account of mental disorder (“NCR”) on a charge of second degree murder1, contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated October 28, 2024, whereby he is detained at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHCH” or the “hospital”) with privileges up to and including entering the community of Hamilton accompanied by staff. He is also required to abstain from substance use, refrain from possessing weapons, and refrain from communication with Madison Rutherford and her immediate family.
On October 6, 2025, a panel of the Board convened at SJHCH to conduct Mr. Pickering’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Pickering attended the hearing by way of videoconference from the Waypoint Centre for Mental Health Care (“Waypoint”) and was represented by counsel, Mr. Schloss.
While Mr. Pickering had been an inpatient at SJHCH, he was transferred to Waypoint on September 24, 2025 under the Mental Health Act (“MHA”). The Form 1 (Application by Physician for Psychiatric Assessment), Form 42 (Notice to Person), and Form 10 (Memorandum of Transfer), all dated September 23, 2025, were included as part of the Record at the hearing. There was also a Rule 13 letter dated September 22, 2025 stating that SJHCH would be recommending a transfer of Mr. Pickering’s care to Waypoint at the annual hearing.
The panel had also received documentation between SJHCH and the Board dated September 24, 2025 and September 26, 2025 respectively, related to a restriction of Mr. Pickering’s liberties (“ROL”). Prior to the hearing, the parties agreed to schedule the hearing related to the ROL for another date in order to allow sufficient time for all of the issues to be addressed.
The Hospital Report dated September 22, 2025, was marked as Exhibit 1. Waypoint’s response to the Rule 13 transfer request dated October 6, 2025, was marked as Exhibit 2. In addition to the documentary evidence, Mr. Pickering’s most responsible physician, Dr. Aaron Wu, gave evidence.
The issues to be decided at the hearing were whether Mr. Pickering continues to meet the test of posing a significant threat to the safety of the public as set out in section 672.5401 of the Criminal Code, and if so, what is the necessary and appropriate Disposition, taking into account the four factors set out in section 672.54 of the Criminal Code.
Position of the Parties:
At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Ms. Barney took the position that Mr. Pickering continues to represent a significant threat to the safety of the public. The hospital sought a transfer of Mr. Pickering’s care to Waypoint under a Detention Order, with the terms and conditions set out at page 42 of the Hospital Report. Ms. Barney noted that because Mr. Pickering had already been transferred to Waypoint pursuant to the MHA, residual authority for SJHCH was not required.
Ms. Malkovich supported the position of the hospital on behalf of the Attorney General, as did Mr. Schloss on behalf of Mr. Pickering. The panel therefore had joint recommendation before it, and the parties maintained their positions in closing submissions.
Findings:
- For the reasons that follow, the panel found that Mr. Pickering continues to pose a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a transfer of Mr. Pickering’s care to Waypoint under a Detention Order with the terms and conditions as recommended by the hospital.
Index Offence:
The circumstances of the index offence are outlined in detail in the Hospital Report at page 3, and can be summarized as follows. On September 29, 2022, Mr. Pickering was at his grandfather’s house with his girlfriend and his grandfather’s fiancée. Mr. Pickering became belligerent towards his girlfriend and subsequently broke her glasses and threw her cell phone across the living room. After she went upstairs with her grandfather’s fiancée, Mr. Pickering began strangling his grandfather and yelling “die old man.” Mr. Pickering’s grandfather attempted to resist and was subsequently pushed backwards to the ground. Mr. Pickering continued strangling his grandfather while simultaneously smashing the back of his head onto the kitchen floor. Mr. Pickering’s girlfriend and his grandfather’s fiancée came downstairs and attempted to intervene, but they were pushed away by Mr. Pickering. Mr. Pickering then drew a knife and began stabbing his grandfather in the throat and chest numerous times, continually stating “repent and die” as he held a rosary. Mr. Pickering proceeded to punch his grandfather repeatedly in the face for an extended period of time until police attended. After a brief struggle, police were able to restrain Mr. Pickering and place him under arrest. The victim was transported to the hospital where he succumbed to his injuries.
Mr. Pickering reported that he met his paternal grandfather approximately two years before the index offence. They would “drink and hangout” two to three times per week. On the day of the index offence, Mr. Pickering reported that he had two beers, smoked cannabis, and used cocaine. He was hearing voices of demons and the devil. He described seeing his grandfather “shape shifting” while they were eating dinner. Mr. Pickering did not remember the details of the index offence, and regretted what happened.
Background:
Mr. Pickering’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Pickering is a 21 year old single man who was raised by his maternal grandparents. He was born prematurely and required care in the neonatal intensive care unit for approximately one week. He is an only child and both of his parents struggled with mental health difficulties and criminal charges. Brant Family and Children’s Services were involved with the family due to Mr. Pickering’s father’s involvement with the law and reported drug addiction and his mother’s suicide attempts. Mr. Pickering’s father was incarcerated for a number of years and remains incarcerated.
Mr. Pickering’s maternal grandmother reported that Mr. Pickering was overweight as a child and was often bullied as a result. He was placed on an Individual Education Plan in grade 3 and was identified with a Learning Disorder in grade 5. According to health records, Mr. Pickering was diagnosed with anxiety and a Mild Intellectual Disability in grade 8. Woodview Mental Health & Autism Services were involved with Mr. Pickering from 2017 to 2020, offering access to smaller classes and more intense supervision. Mr. Pickering was expelled from school in grade 11 following a significant assault on a peer. He reported using cocaine, crack cocaine, methamphetamine, and fentanyl in high school. Mr. Pickering does not have any significant employment history.
Mr. Pickering’s mother was verbally abusive to him and his grandmother and struggled with her own mental health issues. She attempted to commit suicide on two occasions, with Mr. Pickering releasing her from an attempted hanging when he was 13 years old. In 2020, Mr. Pickering’s mother travelled to the United Kingdon and stayed there for three years. She returned to her mother’s home at the end of 2023 and was expecting a child. She was subsequently charged with assaulting her mother.
Mr. Pickering’s grandmother reported that he was physically aggressive towards her beginning around the age of seven. The police were called on a few occasions, and in 2021, Mr. Pickering was charged with assaulting his grandmother and sentenced to a 12-month conditional sentence. Mr. Pickering felt remorse for what he had done and returned to live with his grandmother once the matter was resolved.
Mr. Pickering met his father when he was 17 years old and developed a relationship with him and his grandfather (the victim of the index offence). They were involved in selling illegal substances and struggled with addictions. Mr. Pickering’s use of substances increased exponentially at that time. He described his cocaine use as extensive leading up to approximately one month before the index offence.
Criminal History:
- Mr. Pickering’s criminal record consists of a Youth Justice Court conditional discharge for assault with a weapon (against his grandmother).
Psychiatric History:
- The Hospital Report sets out Mr. Pickering’s psychiatric history in detail. The following summary is taken from the Psychological Assessment Report dated February 2, 2024 (at page 15):
“Based on self- and collateral information, Mr. Pickering has been assessed and received psychiatric treatment numerous times throughout his life. He received after -school counseling at Woodview Mental Health and Autism between the ages of 10 and 18 (Grade 5 – end of his academic attendance). At age 15, he was admitted to the Child and Parent Resource Institute (CPRI) for a period of 3.5 months.
Based on the information before me, Mr. Pickering has historically been diagnosed with or considered for numerous mental health diagnoses. In response to Mr. Pickering's behavioural and emotion regulation problems from a young age, he has been seen by a variety of mental health and educational professionals since elementary school. Based on the volume of proposed diagnoses and the number of services accessed, it is clear that Mr. Pickering’s presentation was complex which made providing an accurate diagnosis challenging. The most frequently recurring diagnoses have clustered around Learning; Neurodevelopmental; Disruptive, Impulse-Control and Conduct Disorders; Depressive and Anxiety Disorders; as well as Schizophrenia Spectrum Disorders.”
The Hospital Report stated that Mr. Pickering attended at emergency rooms twice in 2017 with suicidal ideation and thoughts of harming others. On both occasions he was discharged home with his grandmother. In April 2020, Mr. Pickering was transported to the hospital by police following an explosive outburst at home. He was again discharged back home with his grandmother. Discharge diagnoses included: Suicidal Ideation; Unspecified Anxiety Disorder; and Acute Situational Stress.
Mr. Pickering was transported to hospital by police following the index offence. He was screaming profanities, stating “ride or die”, and was extremely agitated and aggressive. He was placed in restraints and sedated. The next morning, Mr. Pickering was much more settled and was discharged to police custody. Mr. Pickering was returned to hospital from Maplehurst Correctional Centre (“Maplehurst”) on a Form 1 under the MHA on October 9, 2022. He had been maintained on a suicide watch, was mumbling to himself, throwing things, eating his own feces, and refusing medication. Mr. Pickering was extremely psychotic and labile and required chemical and physical restraints at the hospital. Mr. Pickering was treated with antipsychotic medication and was returned to Maplehurst on October 25, 2022. His discharge diagnosis was Schizophrenia.
Mr. Pickering was admitted to SJHCH on December 11, 2023 for an assessment of criminal responsibility, and remained there following the NCR finding. Mr. Pickering responded to treatment with antipsychotic medication and his symptoms dissipated. During his first year under the Board, Mr. Pickering was described as argumentative, and he threatened to kill co-patients, but his mental status was otherwise stable with no active psychotic symptoms. He had some insight into his illness and acknowledged that his grandfather, who he had no ill will toward, died as a result of his symptoms.
The Hospital Report stated Mr. Pickering’s diagnoses as: Schizophrenia; Alcohol Use Disorder – severe; Substance Use Disorder (Methamphetamine Type) - severe; and Opioid Substance Use Disorder – severe. He is capable to consent to treatment and manage his property.
Evidence at the Hearing:
The Hospital Report stated that prior to May 2025, Mr. Pickering was exercising liberal privileges involving access to the public side of the hospital, was attending programs (including the Roadmap to Recovery program, CBT for psychosis), joined the cooking group, and sought assistance with his literacy skills. He also enjoyed regular visits with his mother and maternal grandparents. He was compliant with medication and there was no evidence of psychosis, but his mood fluctuated quickly. There was also no evidence of substance use. However, Mr. Pickering demonstrated low stress tolerance and externalized blame to others. When emotionally dysregulated, Mr. Pickering became irritable, argumentative, and verbally and physically aggressive.
The Hospital Report stated that Mr. Pickering had a romantic relationship with a woman who attended the outpatient clinic at the hospital. On or around June 10, 2025, following a cessation of communication from the woman, Mr. Pickering followed her to the clinic and made several threats to kill her ex-partner. Mr. Pickering was subsequently assessed as an acute risk of harm to others and his privileges were cancelled. Mr. Pickering continued to have challenges with behavioural control, substance relapse, and violence. On July 7, 2025, he punched the glass at the care desk and threatened to harm staff, and on July 13, 2025, Mr. Pickering tested positive for cocaine. Ongoing restrictions were required to manage his risk.
On August 6, 2025, Mr. Pickering assaulted a co-patient by punching him in the jaw and was secluded for five days. He was then transferred to a locked room with a seclusion exception plan. An ROL hearing was held on September 2, 2025, and the Board found that the decision of the hospital to significantly increase the restrictions on Mr. Pickering’s liberties was warranted.
On September 15, 2025, Mr. Pickering was again placed in seclusion. He had made multiple targeted threats of death and harm towards staff. The threatening behaviour continued in seclusion, and Mr. Pickering ripped the linens of the mattress and pillow, threw his food tray, spat on the floor, and crushed and snorted the PRN Lorazepam. On September 16, 2025, Mr. Pickering was placed in 7-point restraints due to his ongoing aggressive behaviour. The care team was unable to enter the seclusion room to safely provide care, and Mr. Pickering made multiple threats to harm any staff member who attempted to enter. These events led to the ROL notice and hearing, which the parties agreed to scheduled for another date.
The following excerpt is taken from the Clinical Risk Summary in the Hospital Report (at page 41):
“Due to Mr. Pickering's increasing escalations of agitation, aggression and violent attitudes and behaviours, his risk was acutely elevated and sustained for a number of weeks. The clinical staff members' capacity to safely provide care for Mr. Pickering became increasingly compromised. He threatened physical violence if he were to see clinical staff on the unit and said that he would assault those who enter his room. These violent behaviours worsened in severity as he stated that he wanted to kill those who attempted to provide care and threatened death towards specific staff. Based on his mental status, emotional dysregulation and aggressive behaviour, his risk of physical harm towards staff was assessed as acute and severe. To protect the safety of the staff, mechanical and environmental restraints were necessary to manage this risk.
Furthermore, Mr. Pickering's adherence and motivation for treatment also deteriorated. He was non-compliant with his mood stabilizing medications, stating that if his demands were not met then he would refuse such treatment. He also expressed that he wanted to stop his antipsychotic medications to become psychotically violent. Mr. Pickering moreover began misusing the medications that would reduce his agitation as he was observed snorting his medications in front of staff. Ultimately, his oppositional defiance towards treatment further indicated an acute and severe escalation in his risk.”
It was the opinion of the treatment team that the necessary and appropriate location for Mr. Pickering is a maximum secure facility. The Hospital Report stated that even with the management tools available at SJHCH, the staff had been significantly challenged in safely providing care due to the elevated risk posed by Mr. Pickering. He requires the securities, control and oversight of a maximum secure facility in order to provide adequate rehabilitative care while protecting the safety of patients and staff members.
Dr. Wu testified that he had been Mr. Pickering’s attending psychiatrist since February 2025. Dr. Wu reiterated the events that had occurred since Mr. Pickering was placed in seclusion on September 15, 2025. He stated that Mr. Pickering had an angry affect with rapid speech, and was unable to follow direction. Approximately seven members of the High Acuity Transport Team (“HATT”) were required to move Mr. Pickering to seclusion because front line staff where unable to safely manage this. Dr. Wu explained that the HATT have special protective gear and additional training. While in seclusion, Mr. Pickering stated that he would fight anyone who came into the room, threatened to kill specific staff members, and used racial slurs. Dr. Wu explained that restraints were added and Mr. Pickering’s acute behaviours eventually settled, although the continued use of restraints was required to manage his risk. Mr. Pickering had limited insight into the reasons for the restraints. Dr. Wu stated that staff feared for their safety and would not enter the locked room or seclusion to provide care.
Following a team meeting which included the Head of Service, it was decided that a transfer of Mr. Pickering to a high secure unit under the MHA would be pursued. Dr. Wu explained that a transfer under the MHA is only done in extreme circumstances, and even though there was an annual Board hearing coming up, it was decided that Mr. Pickering’s transfer needed to occur urgently.
Mr. Pickering was transferred to Waypoint on September 24, 2025. It was noted in the letter from Waypoint dated October 6, 2025 (Exhibit 2) that Mr. Pickering’s seclusion status was discontinued on October 2, 2025. Waypoint indicated in the letter that they would continue to provide care and support in Mr. Pickering’s recovery.
In response to questioning, Dr. Wu acknowledged that Mr. Pickering was exposed to a very unhealthy home environment and had a complex history and presentation for such a young man. Dr. Wu also acknowledged that the anniversary of the index offence and the death of his paternal grandfather was September 29th and was likely upsetting for Mr. Pickering. He also agreed that the use of restraints likely made Mr. Pickering feel frustrated and hopeless. However, Dr. Wu was of the opinion that the main contributing factors to Mr. Pickering’s decompensation were clinical factors, including poor coping skills, emotional dysregulation, and using violence as a way to problem solve. Dr. Wu did not think that it was a function of psychosis.
Dr. Wu testified that Mr. Pickering’s intellectual testing results were significantly low, but a formal diagnosis of intellectual disability had not yet been made and there was still further testing to be done. It is hoped that this will be explored further by the treatment team at Waypoint.
No further evidence was called by the parties.
Analysis and Conclusions:
Based on the Hospital Report and the evidence of Dr. Wu, there was clear evidence that Mr. Pickering remains a significant threat to public safety. Mr. Pickering has a major mental illness that had an early onset. He also has historical diagnoses of conduct disorder with oppositional and defiant symptoms. The index offence involved extreme ongoing violence and resulted in the death of a family member. Mr. Pickering continues to be extremely difficult to manage such that the treatment team recommended a transfer to a high secure facility. Even in a controlled environment, Mr. Pickering’s risk continued to be assessed as severely and acutely elevated with ongoing oppositional behaviour, emotional dysregulation, treatment non-compliance, and aggressive and violently threatening behaviour. The panel accepted the opinion that absent the oversight of the forensic system, Mr. Pickering will likely relapse into substance use, stop medication, and his emotional agitation and psychosis will worsen. His capacity to regulate his behaviour and aggression would further deteriorate and he would be at a significant risk of causing severe physical and psychological harm to members of the public.
The panel accepted and agreed with the joint recommendation that a transfer to Waypoint under a Detention Order was necessary and appropriate, and the least onerous and least restrictive Disposition for Mr. Pickering at this time. A transfer to a high secure facility was required due to the imminent risk of harm that Mr. Pickering presented to staff and co-patients at SJHCH. Mr. Pickering’s risk will be able to be managed more effectively, with less extreme restriction to him at Waypoint. The terms and conditions for the Detention Order at Waypoint are those recommended in the Hopistal Report. It was not necessary to address the issue of residual authority for SJHCH because Mr. Pickering had already been transferred to Waypoint.
The panel noted that Mr. Pickering had done relatively well during the early part of the reporting year, and hopes that he will be able to regain some of that progress at Waypoint.
DATED this 10th day of November 2025, at the City of Toronto, in the Toronto Region.
Suzanne Clapp Legal Member
Office of the Registrar Ontario Review Board