Re: Justice Joshua Snache
ORB File No: 8284
Hearing held on: Thursday, September 18, 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: Justice J. Snache Counsel: Mr. Schloss The person in charge of hospital: Counsel: Dr. DeFreitas Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS DISPOSITION
(Dated November 14, 2025)
Introduction
[1]. On April 26, 2023, Justice Snache was found not criminally responsible on account of mental disorder on a charge of second-degree murder, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Snache is currently subject to a Disposition of the Ontario Review Board dated September 4, 2024, detaining him within the Forensic Program of the Ontario Shores Centre for Mental Health Care (“Ontario Shores”) with hospital and grounds privileges accompanied by staff or an approved person.
[2]. On September 18, 2025, a panel of the Ontario Review Board convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Snache was in attendance and was represented by his counsel, Mr. Schloss.
[3]. The parents of the victim attended the hearing via Zoom video conference, supported by the victim witness assistance program. Victim Impact Statements were entered as Exhibits subject to the direction regarding admissibility of these statements provided by the Ontario Court of Appeal decision in Klem, Re, 2016 ONCA 119. The panel had carefully read and considered the impact of this matter on them.
Issues at the Hearing
[4]. The issues to be determined are whether Mr. Snache poses 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.
Position of the Parties
[5]. Dr. DeFreitas on behalf of the hospital advised that the unanimous recommendation of the hospital's treatment team is that Mr. Snache remain on the current disposition, with the addition of some privileges. As he remains a significant threat to public safety, the terms and conditions set out at page 33 - 34 of the hospital report are necessary and appropriate.
[6]. Ms. MacDonald, on behalf of the Attorney General, advised that she was supporting the hospital position with the exception of the inclusion of community living, clause 4(f).
[7]. Mr. Schloss on behalf of Mr. Snache, agreed with the hospital's recommendation and was not contesting the issue of significant threat.
Background
[8]. Mr. Snache’s background and history with the mental health system is extensively outlined in last year's reasons and the hospital report and need not be repeated in these reasons. Mr. Snache is 25 years old, was born in Orillia, Ontario and grew up there on a First Nations reserve with his parents, an older half-sister and two younger siblings.
[9]. He is registered as a "Status Indian" under the Indian Act and is a registered band member of Chippewas of Rama First Nation. Mr. Snache had no criminal record prior to the Index Offence.
[10]. Mr. Snache has a history of alcohol abuse and cannabis use both beginning at a young age. He also used cocaine and crystal methamphetamine on occasion. On January 25, 2019, he presented at Royal Victoria Regional Health Centre in Barrie requesting detox from cocaine use, but it does not appear that either cocaine or crystal meth ever became his drug of choice.
Index Offence
[11]. The Index Offence took place when Mr. Snache and the victim encountered each other walking in opposite directions along a road in Orillia. The Crown Brief Synopsis dated November 22, 2020 described what occurred:
"First Degree Murder, contrary to S.235(1) of the Criminal Code:
On the 19th of November 2020, at 8:22 p.m., Orillia OPP were dispatched to Emily St. and Coldwater Rd. in the City of Orillia for a male who lay bleeding in the middle of the road. The victim was transported by EMS to Orillia Soldier's Memorial Hospital where he was pronounced dead shortly thereafter. Preliminary information suggested that he was either shot or stabbed.
The victim was identified as 34-year-old Derek SIMMERSON of Orillia.
Investigators were alerted to a local cab driver who attended Orillia Detachment just after midnight on the 20th of November to turn in a bloody knife located in his cab. The knife was seized, along with a receipt for a local establishment found tucked into the belt clip.
Information was provided about the fare, including a physical description and details of the trip. The fare was a male in his early 20s, dark hair, dressed in dark clothing. The trip went from the Colborne St. Tim Hortons to 3430 Bayou Rd. in Severn Township.
Investigators followed up on this information and tentatively identified the fare as 19year-old Justice SNACHE.
The victim's father was interviewed by investigators, and it was learned that minutes before the 911 call, the victim had stopped in to visit him at his residence on Albert St.
The victim then left on foot, heading for his residence on Diana Dr. The victim's father could provide no reason why his son would be murdered.
A post-mortem examination on the 21st of November revealed the cause of death to be stab wounds to the torso.
Investigators were able to establish, based on the aforementioned receipt, and subsequent follow-up, that Justice Snache did attend two establishments in the downtown Orillia area, in the time immediately following the initial call. Surveillance footage was obtained, and witness statements taken from staff members who served Snache, who described suspicious behaviour.
On the 22nd of November 2020 at 10:53 a.m., Orillia OPP were dispatched to the Husky Gas station on Highway 11 Northbound in Severn for a male requesting Police. Officers arrived and were met by Justice Snache, who indicated that he killed somebody and would like to confess. He was arrested for first degree murder.
The accused, Justice Snache subsequently provided, under caution, a full inculpatory statement regarding the murder of Derek Simmerson. The accused described that on the 19th of November, he finished his shift at a local grocer, attended a local establishment for food and beer, before proceeding on foot towards downtown. When he encountered the victim, who was walking the opposite direction on the sidewalk on Coldwater Rd., he used his folding knife to stab the victim in the torso, at least twice. When the victim began to run away, he stabbed him again. The accused stood and watched while a bystander arrived and called 911, before he proceeded towards downtown to have a drink and take a cab home. When questioned, the accused could provide no specific reason or motive for killing the victim.
The accused is held in custody pending a bail hearing."
Current Diagnosis
[12]. Schizophrenia and Cannabis Use Disorder, moderate, in sustained remission
Evidence at the Hearing
[13]. Dr. DeFreitas testified on behalf of the hospital. She advised that Mr. Snache was transferred from Waypoint last November. He had a rocky start, but since then has done well. He was experiencing auditory hallucinations, which were very upsetting to him, and he worked with his treatment team to address them and increase the dosage of his medication. It was recommended, and Mr. Snache agreed to increase the dose of clozapine, which the team did, as well as adding an additional medication, Epival.
[14]. Dr. DeFreitas was heartened by Mr. Snache’s level of engagement with the team around increasing medications and although he was distressed by the hallucinations and voices, he remained open with his team and did not show any aggression towards staff. Mr. Snache does continue to hear command hallucinations, but no longer feels the need to follow them. He has participated in groups and programming that was offered to him. He was struggling to understand some of the materials that were presented and the team recommended he re-take some of the programming to enhance his understanding.
[15]. The hospital is recommending that Mr. Snache be detained within the Forensic Service at Ontario Shores, and Dr. DeFreitas indicated that it was possible that Mr. Snache may be ready for transfer to a less secure unit in the coming year. She went on to explain that although it is not likely that he would be ready for community living in the coming year the team would like to explore the possibility of this with him and have him placed on waitlists for supervised accommodations.
[16]. Dr. DeFreitas was asked questions by Counsel for the Attorney General, Ms. MacDonald regarding a transition to a less secure unit and the potential for Mr. Snache to access substances. Dr. DeFreitas clarified that Mr. Snache has very limited opportunities to access substances on a secure unit, and he has completed concurrent disorders programming. He has indicated that he would not use, and has not had any cravings. The treatment team would take a stepwise approach in granting privileges and would be drug testing every other day to ensure compliance in order to manage Mr. Snache’s risk. Dr. DeFreitas also gave evidence that the unit has access to drug testing that provides immediate evidence of use. If that occurs the team would discontinue or hold privileges.
[17]. Ms. MacDonald also asked Dr. DeFreitas about Mr. Snache’s level of insight into the index offence. Dr. DeFreitas explained that Mr. Snache’s insight is limited. He is very disturbed by the voices he hears, and wishes not to hear them, however, he was also very paranoid about the victim of the index offence. Dr. DeFreitas indicated she has asked that Mr. Snache explores this in his CBT for Psychosis programming with his social worker. She said there is more ground to cover there, but Mr. Snache does have some insight into his illness and the need for medications.
[18]. Dr. DeFreitas was also asked by Ms. MacDonald about his indigenous background and receiving cultural programming such as the programs offered at Curve Lake. Mr. Snache has been attending some events at Curve Lake. He had previously met with a healer who he had a connection with. This is something that the team will continue to explore.
[19]. Counsel for Mr. Snache, Mr. Schloss asked Dr. DeFreitas about Mr. Snache’s involvement in cultural activities and his use of privileges. He has been involved in smudging, there is no healer or elder at Ontario Shores at the present time. However, Mr. Snache is supported by his mother, who is applying to be an approved person. Dr. DeFreitas explained that this will allow Mr. Snache to make more use of accompanied passes. She confirmed that he has used his passes and privileges appropriately and without issue.
[20]. Counsel also asked about Mr. Snache’s level of insight. Dr. DeFreitas explained that Mr. Snache is a very matter of fact person, he is not overly emotional and tends to explain himself in a way that is direct. He has been able to work with the team and speak with them about the index offence when asked. This has not been destabilizing for him.
[21]. When asked by Mr. Schloss about whether Mr. Snache would require supervised accommodations, Dr. DeFreitas gave evidence that this type of accommodation would be the type of housing the team would seek, however, it need not be included in the disposition as this can be limiting for Mr. Snache’s placement on wait lists. However, this is the type of accommodation that would be most appropriate for Mr. Snache at this time.
[22]. In response to questions from the Board, Dr. DeFreitas was asked about whether having a Gladue report would be helpful to the team. Dr. DeFreitas indicated that the hospital was not requesting such an order at this time. Counsel for Mr. Snache agreed it would be helpful if the previous report that was generated during the Criminal matter could be updated. Counsel for the Attorney General, Ms. MacDonald did not take a position.
Submissions of the Parties
[23]. Dr. DeFreitas, on behalf of the hospital, maintained the initial position of the Hospital. She submitted that Mr. Snache remained a significant threat to the safety of the public, requiring a detention order, but that he may be suitable for a less secure setting in the coming reporting year. He has done well since his transfer to Ontario Shores.
[24]. Ms. MacDonald on behalf of the Attorney General highlighted the impact of this offence on the victim’s family and the pain that their entire family has experienced but maintained the initial position taken.
[25]. Mr. Schloss maintained his initial position, joining the Crown and Hospital. The issue of significant threat was not contested, and Mr. Schloss submitted an Order for a Gladue Report or an update to the previous report would be of assistance.
Analysis and Conclusion
[26]. The panel carefully considered all of the evidence, both the Hospital Report and the evidence from Dr. DeFreitas at the hearing as well as the joint submissions of counsel. The Board finds that Mr. Snache continues to represent a significant threat to the safety of the public.
[27]. 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, and despite the joint position, the Board relies on the evidence of Dr. DeFreitas and the Hospital Report, including the July 4, 2025 empirical risk assessment, and the re-offence scenario outlined at page 32 of the Report.
[28]. Given that Mr. Snache continues to pose a significant threat to the safety of the public; the disposition is the one jointly submitted by the parties as appropriate. This is Mr. Snache’s detention within the Forensic Service at Ontario Shores with the additional privileges sought as outlined on page 34 of the Hospital Report. The paramount consideration in doing so must be the safety of the public while also considering Mr. Snache's needs pursuant to s. 672.54 of the Criminal Code.
[29]. This panel hopes that an updated Gladue Report can provide the future Board with additional information that can assist in crafting an appropriate disposition for Mr. Snache.
[30]. In making this Disposition, the Board carefully considered the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Snache's mental condition, his reintegration into society and other needs.
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