Re: P. (D.)
ORB File No: 8837
Hearing held on: Tuesday, October 21, 2025
Place of hearing: Thunder Bay Regional Hospital (Via Zoom Video Conference)
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein Members: Dr. K. Hand Dr. M. Kalia Ms. K. Tomaszewski Ms. B. Little
Parties Appearing:
Accused: P. (D.) Counsel: Mr. G. Labine
The person in charge of hospital: Representative: Dr. B. Sheppard
Attorney General of Ontario: Counsel: Ms. A. Pollak
REASONS FOR DISPOSITION
(Dated November 14, 2025)
Introduction:
On July 25, 2025, P. (D.) was found unfit to stand trial on four counts of sexual assault and two counts each of sexual touching (under age 14) and sexual touching (under age 16), all contrary to the Criminal Code of Canada.
The Court did not make a Disposition and ordered that P. (D.) be detained at a Secure Forensic Unit anywhere in Ontario. P. (D.) was to remain in the Fort Frances Jail, or other appropriate facility, until he can be transferred to a Secure Forensic Unit in Ontario, pending an initial disposition of the Ontario Review Board (the “Board”), pursuant to s. 672.47(1) of the Criminal Code.
On October 21, 2025, the Board convened a hearing, via Zoom, to make an initial Disposition. P. (D.) was present by video conference and was represented by his counsel, Mr. Gilbert Labine.
A Hospital Report, dated October 6, 2025 (the "Hospital Report"), was entered as Exhibit 1.
P. (D.) is currently detained at the North Bay Regional Health Centre (“North Bay”), until a bed becomes available at the Thunder Bay Regional Health Hospital (“Thunder Bay”).
In accordance with s. 672.48(1) of the Criminal Code, the Board must decide whether P. (D.) is unfit to stand trial on the day of the hearing, within the meaning of s. 2 of the Criminal Code. Specifically, is P. (D.) unable, on account of mental disorder, to understand the nature of a trial and the possible consequences of the proceedings and to meaningfully communicate with counsel? If P. (D.) is found fit, he must be sent back to court. If he is found unfit, the Board must make a Disposition that is necessary and appropriate, considering the criteria set forth in [