Ontario Review Board
Re: Blake Moore
ORB File No: 8160
Hearing held on: Monday, September 22, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas ON
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. G. Beasley Members: Dr. R.D. Chandrasena Dr. T. Verny Ms. K. Tomaszewski Ms. M. McKinnon
Parties Appearing: Accused: Blake Moore (by Zoom video conference) Counsel: Ms. A. Jervis
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated November 19, 2025)
Introduction
On September 28, 2022, Mr. Blake Moore was found not criminally responsible ("NCR") on account of mental disorder on a charge of assault, contrary to the Criminal Code of Canada (the Criminal Code). Mr. Moore is currently subject to a disposition dated March 26, 2024, that orders his discharge subject to conditions.
The Board convened a hearing at the Southwest Centre for Forensic Mental Health Care (the “Hospital”) on September 22, 2025, to review the disposition, as required by s. 672.81(1) of the Criminal Code. The annual hearing, normally held in March, was delayed for four to five months.
Mr. Moore attended via zoom video conference. His counsel, Ms. Jervis, attended in person. Ms. J. Zamprogna represented the Hospital. Mr. D. Rows represented the Attorney General.
The Board had before it a Hospital Report dated February 6, 2025 (Exhibit 1) and an Update to the Hospital Report dated July 16, 2025 (Exhibit 2). Dr. Ajay Prakash testified on behalf of the Hospital.
Initial Positions
The Hospital took the position that Mr. Moore no longer poses a significant threat to the safety of the public, and that the necessary and appropriate disposition is an absolute discharge.
Mr. Rows and Ms. Jervis agreed with the Hospital’s position. The Board had before it a joint submission.
Background and Index Offences
- The following background and description of the index offences is taken from last year’s Reasons for Disposition:
"Preamble:
The accused and victim have been involved in a common-law relationship for approximately 2 years residing at 17 Crawford Ave in Tilbury. The victim’s child Nicholas JAYNES DOB: April 12, 2002, also resides with them at 17 Crawford Ave, Tilbury. Recently the accused has been suffering from mental health problems by where he has been hearing voices and having bouts of paranoia thinking there were listening devices put in his house by some of his neighbours.
COUNT 1 Assault Sec 266 C.C.C.
On Saturday, January 16, 2021 at 9:00 pm the victim Stacey JAYNES DOB: November 17, 1973 was at home 17 Crawford Ave in Tilbury with her son Nicholas JAYNES DOB: April 12, 2002 and her common-law partner/accused Blake MOORE DOB: April 18, 1973. The victim went to bed at 9:30 pm and fell asleep. The victim was awaken by her common-law partner/accused Blake MOORE yelling you killed my brother and then violently started to punch the victim on the left side of her face. The victim yelled for the accused to stop! that she never killed his brother, this caused the accused to pause look up to the ceiling as if talking to someone and then said yes you killed my brother and started to punch the victim in the face again. (The victim had no idea what brother the accused was referring to but the allegation was obvious absurd and false ). The victim attempted to stop the assault by kicking at the accused while lying on the bed as she yelled for her son Nicholas JAYNES to help her. The accused grabbed the victim by the ankles and yanked her off the bed and then proceeded to kick her in the head while on the ground. The accused then dropped back down to his knees and grabbed the victim by the neck and continued punch the victim in the face.
The victim’s son Nicholas JAYNES was upstairs and came running down to his mother’s bedroom to find Blake MOORE on top of his mother continually punching her in the head and face. Nicholas JAYNES grabbed a hockey stick and hit the accused 3 to 4 times with little effect in order to get the accused off his mother. The accused finally grabbed at the hockey stick and a tug of war ensured over the stick and Nicholas JAYNES was able to distract the accused enough to get him off his mother. The accused seemed to come to his senses and stated what going on in my head, I hear voices saying that your mother killed my brother.
The accused laid down on the couch and Nicholas JAYNES stood guard over his mother so that she could call 911 and get out of the house.
At 10:30 pm CST BROWSN badge 6880 and CST MCCAUGHLEY #4918 arrived on scene to find everyone except the accused exiting the house, the victim’s face bloodied and battered. CST BROWSN entered the house and observed the accused with swollen hands and a 2 inch gash on his right temple. The accused was calm and when asked what happened he stated he had an argument that got out of control.
The victim and accused were treated by EMS, the victim was transported to the Chatham-Kent Health Alliance and the accused after being bandaged refused to attend the hospital for treatment despite recommendations by paramedics.
At 11:11 pm CST BROWSN badge 6880 arrested the accused for assault.
At 11:13 pm CST BROWSN read the accused his Rights to Counsel and Caution.
- While residing at his mother and stepfather's home, Mr. Moore began working with the Canadian Mental Health Association (CMHA) Windsor-Essex Branch to secure housing in Windsor through the city of Windsor's affordable housing program. He moved into his own independent apartment on December 1, 2023. He remained under the care of the Forensic Outreach Team and Dr. Ajay Prakash.
Current Diagnoses
Schizophrenia
Substance Use Disorder
Evidence from the Hospital Report and Update
Dr. Prakash, Mr. Moore’s attending psychiatrist, adopted the contents of the Hospital Report and the Update to that report.
On September 19, 2024, the Outreach Occupational Therapist received a text message from Mr. Moore stating that he was not doing very well and might need to be admitted to the hospital. He also disclosed that he had attempted to hang himself earlier that day. Mr. Moore was admitted to a hospital in Windsor and later was transferred to the Hospital.
Mr. Moore disclosed that he had been drinking alcohol quite heavily for the entire time he resided in Windsor. He said he drank approximately one six pack of wine coolers in a sitting, one to two times per week. He stated that he would drink until he passed out from intoxication and, if he had any alcohol remaining, he would consume it the next day. He also reported using cannabis daily which he was significantly under-reporting to the Outreach team, as he had reported using cannabis every four days. He was actually smoking at least one joint daily. He had kept this awareness of his substance abuse, as well as the extent of his mood symptoms, from all his supports including his CMHA worker and his family.
Mr. Moore returned to his apartment in Windsor in November 2024. Mr. Moore was switched from CMHA housing support to CMHA Intensive case management on November 21, 2024. On December 16, 2025, Mr. Moore overdosed on 30, 100mg tabs of Trazodone, and wrote suicide letters with intent to die. When seen by Outreach team the following day, he disclosed the suicide attempt and was taken to Windsor hospital for assessment which resulted in an increase of his Olanzapine. On December 18, 2024, he was taken to the Hospital for an admission for stabilization. Mr. Moore explained that his suicidal ideations were related to situational stressors. When asked to elaborate, he stated the stressors in the community were too much, and now that he was in hospital they were less of a concern.
Mr. Moore was switched from oral paliperidone 6mg to an injectable form on December 31, 2024, receiving his initial dose that same day. He then received Paliperidone 150 mg on January 28, 2025, and will receive it every four weeks. Since initiating the paliperidone injection, there has been a notable improvement in Mr. Moore’s presentation. He has voiced that his thinking has slowed, and that he is no longer having any suicidal thoughts. He has not voiced concerns that people do not like him or that people want to kill him, and his affect appears slightly brighter.
A referral was sent to the Windsor ACT (Assertive Community Treatment) Team on January 16, 2025. He was accepted by the Windsor ACT Team 2 under the care of Dr. Montaleone. His initial appointment was scheduled for February 4, 2025.
The following excerpts from the Update describe the highlights of Mr. Moore’s course since February 2025:
The Windsor ACT (Assertive Community Treatment) Team has been Mr. Moore’s primary care provider with the Outreach team providing forensic oversight only since February 2025. He has access to all the different disciplines on the ACT team, including Occupational Therapists, Therapeutic Recreation Specialist, and Vocational Therapists. It is also important to note that his primary clinician is also an addictions counsellor. In case he has a decompensation, he can be admitted to the Windsor hospital. Since the ACT team has taken over, Mr. Moore has met with Dr. Montaleone several times with his last meeting being July 10, 2025. The Windsor ACT team has indicated that they are prepared to be the sole mental health provider following an absolute discharge.
On March 26, 2025, the Outreach team received a telephone call from the Windsor ACT Team. They reported that Mr. Moore was presenting as “unusual”.
The Outreach team received a telephone call from… Mr. Moore’s mother, at approximately 1930 hours, indicating that Mr. Moore’s mobility was significantly off, and he was unable to physically use a cell phone and was mumbling. She also reported that his stepfather had called an ambulance and was sending him to hospital.
He stayed in the Windsor Oulette Campus emergency department overnight. A telephone conversation with the emergency department on March 27, 2025, revealed that his presentation related to a Fentanyl overdose, and they questioned if this in combination with prescribed Suboxone. He was discharged home with Naloxone, for treatment of potential future overdoses.
The ACT Team increased their visits to two times per day for morning and evening medication observations. He gave various reports of substance usage in the days after this crisis. On March 27, 2025, he denied using Fentanyl; although, they said that the doctor's note from Windsor Oullette Campus reported disclosure of daily Fentanyl use. On March 28, 2025, he admitted to the ACT Team purchasing a fentanyl pill from a “friend” because he was craving substances. He later told forensic staff that he had purchased an extra Suboxone from an acquittance he ran into at the grocery store.
The ACT team and Mr. Moore’s family largely managed this health crisis. On the days following this overdose, he had difficulty ambulation and balance was poor, reporting close to 10 falls, periodic dizziness, deficit in fine motor, functionally challenged with texting, spilling and dropping items, cognition was negatively impacted as he had difficulty with articulating fluid sentences. His symptoms improved slowing with his fine motor having the quickest rebound; however, he continued to have poor ambulation, a balance deficit and a more significant cognitive impairment than before the fentanyl overdose. His family doctor continued to assess and manage ongoing physical challenges/symptoms.
It was reported to the Outreach team that as of July 5, 2025, the ACT team stopped their weekend visits with Mr. Moore and has been doing his own medication administration on weekends since.
Generally, Mr. Moore reported that his current coping strategies are talking with his mother, and his Outreach and Act treatment teams, as well as sleeping more. He does have a comprehensive mental health safety plan magnetized to the front of his fridge for quick access. When asked, Mr. Moore described his mood as having “ups and downs”; some vacillation. Numerically he describes it as being between a 4 and 7 on a 10-point Likert scale. No passive or active suicidal ideation were expressed since his recent discharge from the Southwest Center.
Mr. Moore has reported that he has no structure to his day. Since his recent overdose, he has less expectations of himself due to the decline in his physical and cognitive abilities. As a result, he is less of a violence risk because he is more physically limited to leave home.
Evidence at the Hearing
Dr. Prakash told the Board that Mr. Moore’s two major criminogenic risk factors were his major mental illness, and the non-prescription use of substances.
Mr. Moore has denied any psychotic symptoms since March 2022. He has not experienced any delirium, ideas of reference, auditory hallucinations, disorganized behaviour, disorganized thoughts, or paranoia, all of which were present at the time of the index offences.
Mr. Moore has experienced some confusion, disorganization, depression, and racing thoughts during the past year, but now that he is on a long-acting injectable antipsychotic medication, the symptoms are controlled.
Mr. Moore is capable of consenting to treatment for his mental illness and has good insight into his illness and need for treatment. He is on a voluntary Community Treatment Order (“CTO”) which shows his commitment to ongoing supervision by his post-forensic community supports.
Mr. Moore’s mental condition has changed since the index offences. His main issues now are cognitive and physical impairments. Prior to the last four or five months, he struggled with depression but this manifested as suicidal intentions, with risk of self-harm but did not increase his risk of violence to the public.
At the time of the index offences, he had used crystal methamphetamine. Since 2021 he has not used this substance. He has used cannabis and alcohol and mislead the Outreach Team about his use of these substances, but these were all directed to self-harm and did not increase his risk to the public. He used fentanyl once. He is now taking a Sublocade injection to control opioid cravings.
Since April 2025, all urine drug screen tests have yielded negative results for substances.
Mr. Moore has attended AA in the past, and his primary ACTT worker is an addictions specialist.
Dr. Prakash told the panel that Mr. Moore is a pro-social person, with no criminal record prior to the index offences, with long-term relationships and a job.
Mr. Moore has excellent support from his family, who visit often. They support Mr. Moore’s abstinence from all substances, including cannabis.
Mr. Moore is supported by Dr. Monteleone, who prescribes medications, as well as the ACTT, which brings medication to Mr. Moore once a day, Monday through Friday. The cost of the medications is covered by ODSP.
The HCR-20 dated November 28, 2023, indicated that if Mr. Moore were granted an absolute discharge, his risk of violence would rise to moderate. The HCR-20 dated July 16, 2025, indicated that if Mr. Moore were granted an absolute discharge, his risk would be low.
Dr. Prakash explained that Mr. Moore’s risk of violence has been reduced because of several factors: his medications have been optimized with long-acting injectable medications; he is followed by Dr. Monteleone and the ACTT; he is on a CTO; and his mental condition has changed to become less risk-enhancing.
Mr. Moore’s risk is more to himself than to the public.
The ACTT has been able to handle the major health issues which have arisen, and Mr. Moore has demonstrated a willingness to go to the hospital voluntarily when his mental status declines. In Dr. Prakash’s opinion, the Mental Health Act (“MHA”) is sufficient to manage Mr. Moore.
No further evidence was adduced by counsel for the Attorney-General or counsel for Mr. Moore.
Analysis and Conclusion
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature. In determining whether Mr. Moore continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board accepts and relies upon Dr. Prakash’s oral testimony and his assessment of risk, set out at pages 6-9 of the Update to the Hospital Report. This summarizes factors which are amply supported by the evidence, and which support the conclusion that Mr. Moore no longer poses a risk of serious physical or psychological harm to members of the public and therefore, he should be granted an absolute discharge.
The Board carefully considered Mr. Moore’s recent relapses into substance use, as well as his lack of transparency with the Outreach Team about his depression and substance use. The Board is satisfied that Mr. Moore’s mental condition has stabilized with the addition of long-acting injectable antipsychotics, and Sublocade. The Board is satisfied that the evidence supports the conclusion that Mr. Moore’s depression and use of substances constituted a risk to himself but did not result in a risk of harm to the public.
The Board relies upon the following conclusion set out at page 9 of the Update:
…while there was another incident of substance use, resulting in an overdose in March 2025, this did not result in an increased risk for violence and safety to the public. He also did not become psychotic due to substance use and stayed on his antipsychotic medication. He was fully supported by the Windsor ACT team during this incident and there was no need for increased involvement from the Forensic Outreach team. The ACT team was able to provide the support necessary and without concern. However, absent the oversight of a community mental health team, like the Windsor ACT, Mr. Moore would likely attempt to harm himself again, would be sent to Emergency room and likely be admitted, but it is the continued belief that he is more of a risk to himself than to the public.
The evidence before the Board supports the conclusion that Mr. Moore’s criminogenic risk factors have been addressed, and that with the support of the ACTT and his long-acting medications, he now presents a low risk of violence to the public.
The evidence does not support the conclusion that Mr. Moore continues to pose a significant threat to the safety of the public.
The Board therefore grants Mr. Moore an absolute discharge.
The Board congratulates Mr. Moore and wishes him continued stability and success in the upcoming years.
DATED this 19^th^ day of November 2025, at the City of Toronto, in the Region of Toronto.
Ms. K. Tomaszewski Legal Member
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Office of the Registrar Ontario Review Board