Re Harley Hill, 2025 CanLII 117221

Re: Harley Hill

ORB File No: 8379

Hearing held on: Tuesday, September 16, 2025

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

Pursuant to: Sections 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal

Members: Dr. S. Nagari (via Zoom) Dr. M. Choptiany Ms. J. Greenwood Ms. C. Plyley

Parties Appearing:

Accused: Harley Hill Counsel: Ms. N. Circelli

The person in charge of hospital: Counsel: Ms. J. Szabo

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

REASONS FOR DECISION AND DISPOSITION

(Dated November 14, 2025)

Introduction

1. On July 26th, 2023, Harley Hill was found not criminally responsible on account of mental disorder (“NCR”) on a charge of attempted murder contrary to the Criminal Code of Canada. Mr Hill is currently subject to a Disposition of the Ontario Review Board by which he is ordered detained within the forensic program at Ontario Shores Center for Mental Health Sciences (“Ontario Shores” or the “hospital”).

2. Mr. Hill is currently the subject of a Disposition dated October 4th, 2024, detaining him within the Forensic Program of Ontario Shores, with privileges up to and including the ability to live in the community in supervised accommodation by the person in charge.

3. On September 16th, 2025, a panel of the Board convened to review Mr. Hill’s Disposition, pursuant to s. 672.81(1) of the Criminal Code.

4. The Board marked the Hospital Report dated August 22nd, 2025 as Exhibit 1. A Gladue Report dated July 4th, 2025 was marked as Exhibit 2. The panel also had available the relevant Board documents and reasons from last year.

Issues at the Hearing

5. Mr. Hill was present for his hearing but was represented by his counsel, Ms. Circelli.

6. The issues to be determined at the hearing was whether Mr. Hill represented a significant threat to the safety of the public, 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.

7. For the reasons set out below and based on the evidence before the panel, the Board concludes that Mr. Hill continues to represent a significant threat to the safety of the public. The Board finds that the current Disposition is necessary and appropriate. The terms and conditions of the order address the paramount consideration, which is the safety of the public, and take into consideration Mr. Hill's mental health and other needs.

Position of the Parties

8. At the outset of the hearing, the parties were canvassed as to their respective positions. Ms. Szabo, on behalf of the hospital, submitted that Mr. Hill continued to represent a significant threat to the safety of the public and that the necessary disposition was a detention order.

9. Counsel for the Attorney General, Ms. MacDonald, supported and agreed with the position of the hospital.

10. Counsel, Ms. Circelli, for Mr. Hill indicated that significant threat was an issue and was not conceded. Mr. Hill’s mother was also present for the hearing in support of him.

Current Psychiatric Diagnosis

11. Schizophrenia

Substance Use Disorder in remission in a controlled setting

Borderline Intellectual Functioning

Functional Neurological Symptom Disorder

Index Offences

12. The circumstances of the index offences are gleaned from last year’s Reasons for Disposition:

"Harley Hill is a 29-year-old First Nations man who is single with no dependents. He was not working and had been living alone since December 2021 when his twin brother Clayton moved out to their Mother's home.

On the evening of August 12, 2022 Harley Hill showed up at his twin brother Clayton Hill's Mother's home at Unit 2, 5500 Mclaughlin Road, Mississauga where Clayton was residing.

Clayton was home alone. He let Mr. Hill in and asked what he was doing there and Mr. Hill said, "it's just a prophecy". Clayton offered him coffee. There was no argument.

Suddenly, Mr. Hill took a knife from on top of a cutting board in Clayton's kitchen and stabbed him in the neck. Clayton lashed out in self-defence, flagged down a passer-by.

Mr. Hill got in the vehicle he'd arrived in and drove home to his home in Burleigh Falls stopping for food along the way.

The next morning he got up to go shower at the gym and was arrested en route.

Mr. Hill told police: "I've just been cursed and so is he." He noted: "I had to do it because I had to save both of our lives ... I didn't do it because I didn't have it in me ... So now I'm stuck here forever." At another point, he stated: "My intent was to save us both from the curse that was brought on us ... "

Mr. Hill also told police: "the fact of it is that I knew what I was doing and I have to take responsibility for it. .. I tried to commit murder".

Clayton suffered one laceration, 4 cm's in length to his neck. It was stitched up at the hospital. Due to concern for the potential of an obstruction to his airway arising from the injury, he was intubated at the hospital and temporarily placed on a ventilator while the damage could be assessed.

Ultimately, Clayton's airway remained unobstructed, he tolerated the stitches well and was discharged to his mother's care."

Course Since Last Disposition

13. The following excerpts from the Hospital Report summarize Mr. Hill’s course since the last Disposition. Mr. Hill was found incapable to consent to treatment of his Schizophrenia. Mr. Hill’s mother, Ms. Brenda Hill is Mr. Hill’s Substitute Decision Maker (SDM). Mr. Hill has been fully medication adherent during the last reporting period. He is prescribed Clozapine, and a number of other medications for his symptoms.

14. Mr. Hill remains in hospital on a general unit. To Mr. Hill’s credit he has not had any notable incidents over the last reporting year and has not had any behaviour management issues. He earned and maintained the highest level of privileges available to him for unaccompanied hospital grounds passes and had overnight visits with his parents. He also engaged in the programming that was offered to him.

15. In April 2025, due to deficits in executive functioning a report was made to MTO regarding Mr. Hill’s ability to drive, and his licence was suspended.

16. There is substantial background information and family history contained in the Hospital Report and Gladue Report that need not be repeated in the reasons. The Gladue report summarizes Mr. Hill’s family’s background and history as part of the Curve Lake First Nations. The panel found the Gladue Report extremely helpful and are grateful to the report writer for their assistance.

Evidence at the Hearing

17. The Board heard evidence from Dr. Wong in addition to the Hospital Report that was filed as Exhibit 1 at the hearing and the Gladue Report, filed as Exhibit 2.

18. Dr. Wong highlighted that with respect to the issue of significant threat, the clinical treatment team’s unanimous opinion was that Mr. Hill continued to pose a significant threat to the safety of the public based on clinical risk assessment and the empirical risk assessment, both outlined in the Hospital Report. Dr. Wong explained that there is a major mental illness, that is treatment resistant to some degree, and that this is something that the team has considered. Mr. Hill was quite psychotic at the time of the index offence, and this plus his history places him in a high risk category. He is stable now, but this stability has not been tested in the community with less supervision and support.

19. Dr. Wong advised that Mr. Hill has limited insight, and has made slow gains in this regard. He has a number of cognitive deficits when it comes to organizing and in hospital this risk can be managed. The hospital will work with Mr. Hill to transition him to the community.

20. In terms of how the team will move forward with Mr. Hill’s treatment over the next year, the team is considering some options to optimize his medication. Mr. Hill’s treatment with ECT was stopped due to an impact on his memory and no substantial benefit. The team is also considering the addition of a special access medication called amisulpride, which may assist Mr. Hill.

21. Dr. Wong advised with respect to housing, that Mr. Hill was accepted to Ballantyne House in June 2025. There is a wait list to be able to move in, and that waitlist can have a one to two year waiting period, however, this acceptance is positive, and gives Mr. Hill a goal to work towards in terms of his reintegration into the community.

22. Dr. Wong and the treatment team are also considering an Occupational Therapy Assessment for Mr. Hill and will continue to support his progress over the coming year to assist him in preparing for a move from hospital to the community.

23. Ms. MacDonald on behalf of the Attorney General questioned Dr. Wong on the issue of significant threat. Dr. Wong advised that Mr. Hill had not spoken to him about an Absolute Discharge, and Dr. Wong was not aware of any plans that Mr. Hill had to be supported in the community except for the support he receives from his family. Dr. Wong confirmed that Mr. Hill would have no medical follow up in place, and could decompensate rapidly without medication, as medication plays a prominent role in maintaining his wellness.

24. Counsel for Mr. Hill, Ms. Circelli asked Dr. Wong questions regarding his treatment. Dr. Wong confirmed that the ECT was stopped as it had side effects that warranted review. Dr. Wong was also asked about programming for Mr. Hill. He agreed that Mr. Hill has participated in many programs and that the treatment team did not necessarily feel that Mr. Hill required a residential substance abuse program such as the one at Curve Lake.

25. Counsel asked about the waitlist for Ballantyne House and whether Mr. Hill could be placed on the waitlist for other homes. Dr. Wong advised that a person is only to be one list at a time, but this was something that the team could revisit to ensure that Mr. Hill is placed as soon as possible.

26. Counsel asked Dr. Wong about Mr. Hill’s prospects of returning to work, and Dr. Wong and the team would support Mr. Hill’s return to work if there is a position that is appropriate for him. Dr. Wong was uncertain about whether Mr. Hill had a job offer with family in the community as a pipefitter. Dr. Wong clarified that Mr. Hill has a very supportive family and has had regular contact and visits with his mother, which have been positive.

27. In response to questions from the Board, Dr. Wong advised that there is currently no approved person for Mr. Hill, however, he has used his passes and privileges to be able to go on overnight visits with his mother or father, without issue.

28. Dr. Wong was also asked about the introduction of the new medication Amisulpride, and explained that the funding of the medication was the issue, but that this was being resolved.

29. With respect to living in the community, Dr. Wong clarified that the team would like Mr. Hill to report no less than every two weeks. Dr. Wong advised that the team has a good rapport with Mr. Hill but to recommend a discharge they would want to be able to observe his progress and stability once in the community.

Submissions of the Parties

1. Hospital Counsel, Ms. Szabo, submitted that the least onerous and least restrictive disposition was one of no change to the current disposition, while the team prepares Mr. Hill for community living and that a discharge is premature at this time.
2. Counsel for the Attorney General supported the hospital’s position, that Mr. Hill continue to be detained to ensure the required level of support for his needs.
3. Ms. Circelli’s submission was that given Mr. Hill’s positive progress, no behaviour management issues, and no notable incidents, that he did not meet the test for significant threat and should not be detained in hospital. She submitted that the Mental Health Act would be sufficient to manage Mr. Hill in the community.

Analysis and Conclusions

33. The Board finds that Mr. Hill 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. Wong and the evidence contained in the Hospital Report which outlines the clinical assessment of risk, and re-offence scenario, and the seriousness of the index offence.

34. In Winko the Supreme Court of Canada outlined that in coming to this conclusion on the issue of significant risk, a Review Board must closely examine a range of evidence including the circumstances of the index offence, the course of the accused’s treatment, the present mental state of the accused, the accused’s medical condition, the accused’s plans for the future, the level of support existing for the accused in the community and the recommendations by the treatment team and experts who have examined the accused. In reaching this conclusion, the Board relies on the evidence of Dr. Wong and the Hospital Report, including the August 2024 risk assessment, the empirical risk assessment, and the re-offence scenario.

35. The panel was encouraged by Mr. Hill’s extensive participation in extensive cultural programming outlined in the Hospital Report. We hope Mr. Hill will continue to work with the treatment team to find culturally appropriate programming and pursue employment as he hopes to do. The panel encourages the team to move forward with the appropriate assessments to support Mr. Hill’s cognitive deficits.

36. Lastly, the panel agrees with the hospital’s proposed conditions to manage Mr. Hill while he remains in hospital at Ontario Shores and in the community once he can be placed in Ballantyne house.

37. The panel has carefully considered all of the evidence, the submissions of the parties and the criteria set out in s. 672.54 of the Code with the paramount consideration being the safety of the public. Further, we have considered the mental state of Mr. Hill, his reintegration into society and other needs, and concluded that this is the necessary and appropriate Disposition.

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