Ontario Review Board
Re: Joan Brittain
ORB File No: 5448
Hearing held on: Friday, October 10, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Clapp Members: Dr. H. Bloom Dr. A. Kerry Mr. P. Capelle Mr. S. Doherty
Parties Appearing:
Accused: Joan Brittain Counsel: Ms. R. Barwin
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated November 28, 2025)
Introduction
On September 14, 2009, Joan Brittain was found not criminally responsible on account of mental disorder on a charge of sexual assault, contrary to the Criminal Code of Canada (the "Criminal Code"). Ms. Brittain is currently subject to a Disposition of the Ontario Review Board (the "Board") dated October 22, 2024, detaining her at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton (“St. Joseph's”), with privileges up to live in the community of Hamilton in accommodation approved by the person in charge.
On October 10, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code. Ms. Brittain was in attendance and was represented by her counsel, Ms. Barwin.
The Hospital Report dated September 26, 2025 was marked as Exhibit 1. Dr. Y. Alatishe, Ms. Brittain’s attending psychiatrist, gave oral evidence.
Without Prejudice Position of the Parties
Ms. Barney stated that the hospital recommends a continuation of the current detention disposition as set out at page 117 of the Hospital Report. That recommendation was supported by Ms. Gzik for the Attorney General as well as Ms. Barwin, for Ms. Brittain. The hearing therefore proceeded by way of a joint position.
Background and Index Offences
Ms. Brittain is a 61-year-old woman with a history of documented mental health difficulties. She experienced significant childhood trauma. Ms. Brittain has experienced physical and mental health challenges over the years. She was subjected to alcohol abuse and domestic violence, ultimately becoming victimized by a family member. She left the family home when she was 16 years old and moved in with her older sister who has provided support over the years. At age 23, Ms. Brittain had two children. She separated from her husband in the late 1990’s. Her parents are deceased.
Ms. Brittain has no prior criminal record. However, she has had multiple interactions with police and child protective services concerning sexual abuse allegations, with the initial contact occurring in 2000.
Ms. Brittain has a documented history of significant marijuana use. Her psychiatric treatment, documented from 1995 forward, indicates that she has been admitted to psychiatric facilities on an involuntary basis on numerous occasions. Ms. Brittain has received multiple psychiatric diagnoses over the years, including Bipolar Affective Disorder, Symptoms of a manic nature including hypersexuality, sexual disinhibition, psychosis, impulsivity, and agitation. She has demonstrated disordered thinking, preoccupation with sexual matters, and has experienced both suicidal ideation and attempted suicide. Her treatment records document a pattern of