Ontario Review Board
Re: Barry Dip
ORB File No: 7170
Hearing held on: Tuesday, November 4, 2025
Place of hearing: St. Joseph's Healthcare Hamilton (Via Zoom Video Conference)
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. R. Wood Hill Dr. T. Stirpe Ms. K. Tomaszewski Ms. R. MacIntyre
Parties Appearing:
Accused: Barry Dip Counsel: Mr. R.W. Browne
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. K. Malkovich
REASONS FOR DECISION
(Dated November 13, 2025)
Mr. Dip was found not criminally responsible on July 6, 2017. He is currently subject to a Disposition of the Ontario Review Board dated July 28, 2025, by which he was ordered to be detained at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton, West 5th Campus (“St. Joseph's”) with a number of prohibitions and a number of privileges including the privilege of living in the community “in Southern Ontario, in 24-hour-a-day supervised accommodation approved by the person in charge”. The Board understands that Mr. Dip had been discharged to a residence in Hamilton on or about June 3, 2021.
By letter dated September 30, 2025, Ms. Barney advised the Ontario Review Board that Mr. Dip had been returned to the hospital on or about September 19, 2025.
As a result of the hospital letter, the Ontario Review Board convened a hearing and conducted the Restriction of Liberty hearing.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Barney appeared for St. Joseph's. She advised of the hospital position that the decision to return Mr. Dip to hospital was warranted and further, that Mr. Dip’s ongoing stay in hospital represents the least onerous and least restrictive decision available to the hospital. We note for the record, that as of today’s date, Mr. Dip remains in hospital.
Ms. Malkovich appeared for the Attorney General. Ms. Malkovich supported the hospital’s position.
Mr. Browne represented Mr. Dip. Mr. Browne accepts that the hospital was warranted in returning Mr. Dip into the hospital. Mr. Browne suggested that there was “no issue” with respect to Mr. Dip’s ongoing stay in hospital. Mr. Browne suggested that Mr. Dip is currently waiting to return to the community. Mr. Browne also acknowledged that his client has stated that he wishes to move to a new residence. Mr. Browne acknowledged if Mr. Dip continues to wish to move to a new residence it will be a further period of time before he moves back into the community.
Evidence at Hearing:
The Board admitted into evidence the Disposition and Reasons for Disposition from July 25 and September 2 respectively. The Board admitted as well, St. Joseph's letter to the Board, and the Restriction of Liberty Report and the report from the last annual review.
In addition to the documentary evidence the Board heard from Dr. Shariati. Dr. Shariati has been Mr. Dip’s since most responsible physician since March of 2023. The doctor authored the Restriction of Liberty Report. We note from the Restriction of Liberty Report that:
“Mr. Dip had attended at the Hamilton General Hospital on September 17, 2025, “with five days of epigastric pain and persistent nausea and vomiting. CT abdomen on September 18 demonstrated distal esophageal thickening consistent with esophagitis (possible mild gastritis), with no evidence of pancreatitis or acute cholecystitis. He received intravenous proton pump inhibitors and symptomatic treatment and, on the morning of September 18, was reassessed as medically well, tolerating oral intake, and was discharged with oral medication, and outpatient upper gastrointestinal endoscopy.”
Dr. Shariati advised that the social worker had suggested to the representative of the Hamilton General Hospital that Mr. Dip be provided with a taxi voucher, so that he could return to his residence. Unfortunately, this did not occur.
Dr. Shariati noted that his patient did not return to the residence. The hospital alerted the police and found Mr. Dip the following day in Niagara. It is not clear how Mr. Dip got to Niagara. The evidence is that he was found “in the Niagara Region”.
Dr. Shariati noted that the hospital had made numerous attempts to contact Mr. Dip. These attempts included speaking with various family members. None of the family members was able to contact Mr. Dip. We understand further that Hamilton police advised that they had found Mr. Dip’s wallet and medical records in a park.
Mr. Dip was then brought to St. Joseph's on September 19. He was extremely agitated, engaged in threatening conduct and threatened the staff members. There was physical altercation between Mr. Dip and another patient. This resulted in periods of seclusion. After a few days, the hospital started a program of taking Mr. Dip out of seclusion. Originally, he came out with restraints and over a few days was brought out of seclusion with fewer restraints. For four days there were no significant improvements. Dr. Shariati noted that a “special team” was utilized to bring Mr. Dip out of seclusion.
Mr. Dip was being treated with clozapine. Unfortunately, Mr. Dip did not receive clozapine for two days. This required the hospital to return Mr. Dip to a reduced amount of clozapine with the intention of increasing it appropriately until they reached the appropriate level of clozapine.
Dr. Shariati noted that for the past few weeks it was no longer necessary to use restraints. Mr. Dip has received Level 2 and Level 3 passes. The doctor noted that Mr. Dip is currently “close to his baseline,” but he is not yet at his baseline.
Mr. Dip’s return to the community has been difficult in that Mr. Dip now states that he no longer wants to return to his original residence and would prefer that he be discharged to a different community residence. Dr. Shariati advised that the hospital has not yet started a search for a new community residence. The doctor advised of his intention to arrange for a family meeting for this issue to be resolved.
In response to a question from Ms. Malkovich, the doctor confirmed that Mr. Dip was found in Niagara Falls. The suggestion was that Mr. Dip simply walked to Niagara Falls. Again, in response to a question from Ms. Malkovich, Dr. Shariati acknowledged that Mr. Dip’s urine screens indicated that he had not used any substances while AWOL.
In response to questions from Mr. Browne, Dr. Shariati stated that his patient is “almost at baseline” and “he is well on his way to a return to the community” but not yet ready for a return to the community. The doctor noted that Mr. Dip would have to use passes successfully before he would actually be returned to the community. The doctor repeated, however, that should Mr. Dip decide to move to another residence, it could be months before an appropriate new residence could be found.
In response to questions from a panel member, Dr. Shariati confirmed that Mr. Dip is not capable of making treatment decisions.
In response to a question from another panel member, Dr. Shariati repeated that Mr. Dip is not yet ready to be returned to the community. We note the Disposition requires community living to be in a 24-hour supervised facility. We note further that any decision to move to a new residence would bring with it a significant delay.
No other evidence was heard at this hearing.
Final Submissions:
Ms. Barney asked the panel to accept the doctor’s evidence, namely that the decision to bring Mr. Dip to St. Joseph's was warranted and that Mr. Dip’s ongoing stay in hospital remains the least onerous and least restrictive decision available to the hospital.
Ms. Malkovich concurred with the hospital’s position.
Mr. Browne noted that he is not disputing the position taken by the hospital.
Findings of the Board:
- The Board accepts without reservation the evidence of Dr. Shariati and the evidence contained in the Hospital Report. In particular, we accept that Mr. Dip’s return to hospital was absolutely warranted and that his ongoing stay in hospital which included a period of time in which he was in seclusion was the least onerous and least restrictive decision the hospital could take consistent with public safety. The Board accepts the doctor’s opinion that while Mr. Dip is making progress, he is not yet ready to move into the community.
DATED this 13th day of November 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board