Ontario Review Board
Re: Richard S. Landry
ORB File No: 5571/6691
Hearing held on: Tuesday, October 7, 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. B. Apted
Parties Appearing:
Accused: Richard S. Landry Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Mr. S. Kim
REASONS FOR DISPOSITION
(Dated November 28, 2025)
Introduction
Mr. Landry was found not criminally responsible on March 4, 2010 on a charge of assault with a weapon, and on January 22, 2015 on a charge of assault, both contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Landry is currently subject to a Disposition of the Ontario Review Board (the "Board") dated October 9, 2924, discharging him subject to conditions.
On October 7, 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. Mr. Landry was in attendance and was represented by his counsel, Mr. Rai.
The Hospital Report dated September 26, 2025 was marked as Exhibit 1. Dr. Y. Alatishe, Mr. Landry’s attending psychiatrist, gave oral evidence.
Position of the Parties
Mr. O’Brien indicated that the hospital recommendation is a conditional discharge with the removal of three terms (the reside and abstain clauses, and the travel pass) and the amendment of reporting to not less than twice per month as indicated at the page 90 of the Hospital Report. Mr. Kim, on behalf of the Attorney General, supported the recommendation, as did Mr. Rai for Mr. Landry who also indicated that the ongoing presence of significant threat would not be contested. The hearing therefore proceeded by way of joint position that was maintained through to its conclusion.
Background and Index Offences
Mr. Landry is a 58 year old single man who had an unstable upbringing. He has a significant history of criminal behaviour and substance use. He was raised in the Jehovah’s Witness faith.
Mr. Landry currently resides in a building that provides 24/7 support, and personal support workers attend his apartment four times daily to administer his medications. He currently prepares his own meals, but there are meal services in his building if he requires them.
The following information is taken from page 2 of the Introduction and Timeline section of the September 26th, 2025, Hospital Report.
Mr. Richard Landry was initially admitted to the Thunder Bay Regional Health Centre (“TBRHC”) on August 20, 2009 on a Form 48 Assessment Order with regard to his Fitness to Stand Trial and Criminal Responsibility. At that time he was charged with Assault, Aggravated Assault and Assault a Peace Officer, resulting from incidents on August 11 and 12, 2009. Dr. Schubert, the assessing psychiatrist, was of the opinion that Mr. Landry did not meet the criteria for a Section 16 defense. While at the TCRHC, Mr. Landry assaulted a vulnerable co-patient on September 13, 2009; he was returned to jail following this incident. The Index Offence occurred on December 3, 2009 while Mr. Landry was at the Kenora Jail. He assaulted a fellow inmate with a broomstick. An assessment of his Fitness to Stand Trial and Criminal Responsibility was again requested by the court, for this new charge, as well as the three charges he had already been assessed for. On March 4, 2010, Mr. Landry was found Not Criminally Responsible on Account of Mental Disorder (“NCR”) on the December 3, 2009 charge of Assault with a Weapon. He was convicted of the August 11 and 12, 2009 offences and was sentenced to seven and a half years imprisonement, making him a Dual Status Offender.
Following his NCR finding, Mr. Landry was admitted to the Forensic Assessment Program at Oak Ridge (now Waypoint) on March 17, 2010 to await his initial hearing before the Ontario Review Board (“ORB” or the “Board”). On April 29, 2010, the Board ordered Mr. Landry’s continued detention at Waypoint where he remained until his eventual transfer to Ontario Shores in March 2013. On July 27, 2014, Mr. Landry eloped from Ontario Shores. The following day, staff from the Thunder Bay Hospital notified Ontario Shores that Mr. Landry was in their custody. It was reported that Mr. Landry had assaulted a bus driver at the Thunder Bay terminal. The Ontario Provincial Police returned Mr. Landry to Ontario Shores on July 29, 2014. He was immediately placed in seclusion due to his unpredictable behaviour. The second index offence occurred while Mr. Landry was trialed out of seclusion on August 2, 2014. He assaulted a co-patient in an unprovoked attack and was subsequently found NCR on that offence on January 22, 2015. Mr. Landry remained at Ontario Shores until the Board ordered that he be transferred back to Waypoint on October 31, 2016. He was admitted to St. Joseph’s Healthcare Hamilton (“SJHH”) on November 7, 2018. Mr. Landry was discharged to live in the community of Hamilton on September 20, 2022. He has not required any readmissions to the hospital since his discharge in 2022. Mr. Landry receives follow-up from the Forensic Outpatient Program under the care of Dr. Alatishe. At Mr. Landry’s last annual hearing held on October 7, 2024, the Board granted him a Conditional Discharge with reporting not less than four times per month.
The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“On December 3, 2009, Mr. Landry was in the Kenora jail. He struck an inmate approximately 12 times with a wooden broom handle. He advised police that he was hearing voices and told to assault this inmate.
On August 2, 2014, Mr. Landry assaulted a co-patient at Ontario Shores Centre for Mental Health Sciences. The victim was on the phone, and Mr. Landry tackled him from behind and struck him several times before staff could restrain him. He advised the police that he was hearing voices and directed to assault this co-patient.”
Current Diagnoses
Schizophrenia,
Antisocial Personality Disorder (historical),
Generalized Anxiety Disorder,
Polysubstance Abuse (in sustained remission in controlled environment).
Evidence at Hearing
Dr. Alatishe has been Mr. Landry’s attending psychiatrist since 2021. He confirmed having read and adopted the contents of the September 26th, 2025, Hospital Report.
Mr. Landry was discharged to the community in 2022 and has not required readmission for any psychiatric reason. Overall, he has had a successful reporting year. There have been no positive drug screens but for a post dental extraction and no incidents of aggression.
Mr. Landry is very involved with the Jehovah's Witnesses organization which provide him with social and spiritual activities. Abstinence is a tenet of the church. He volunteers a minimum of 30 hours per month for ministry activities. He is also motivated to seek employment.
Mr. Landry suffers from Schizophrenia and experiences ongoing command hallucinations. Paranoid and persecutory delusions are also present although these have been well controlled over the past year. He also suffers from Generalized Anxiety Disorder which can contribute to suspicious thoughts. Mr. Landry experiences side effects from clozapine which include hypersalivation. Recently Botox was tried to address this and its use is ongoing.
If Mr. Landry were to receive an absolute discharge at this juncture his destabilization would be rapid as his mental state is fragile. He needs follow up to ensure he is medication compliant and to monitor his mental state. He currently has no community support. Thus, absent forensic support there are no resources to oversee his psychiatric needs. If subjected to stress or in the event of medication noncompliance, he would likely experience a decompensation of his mental state.
The changes recommended to his existing Conditional Discharge Disposition represent a loosening following a successful year while still managing risk. Mr. Landry is moving towards an absolute discharge and as this approaches, the loosening of disposition terms is appropriate without compromising public safety. Community follow-up must be established prior to the hospital advocating for an absolute discharge. Dr. Alatishe was referred to and agreed with the following entry at page 90 of the Hospital Report, reproduced below for ease of reference:
“Without the supervision and monitoring that Mr. Landry is currently provided, he is likely to experience decompensation in his mental state which would significantly increase his risk to reoffend or act out in a violent manner.”
Dr. Alatishe added that the goal in the upcoming year is to identify a community psychiatrist for Mr. Landry.
Responding to questions from Mr. Rai, Dr. Alatishe confirmed that his patient is treatment capable, abstinent, residence stable, with no incidents of aggression. Questioned by the panel, Dr. Alatishe advised that his patient is a cautious individual and very rule adherent. Mr. Landry’s propensity is to do what he can to satisfy the requirements of his treatment team.
Mr. Landry’s housing is not tied to his engagement in the forensic system and he has expressed a desire to remain in his current apartment long-term. Further, as his physical needs increase, there are additional supports available to him in his current housing environment.
Dr. Alatishe, responding to panel questions, confirmed that efforts continue to implement within Mr. Landry’s treatment plan mechanisms to diminish his perceived need to attend appointment hours early.
Asked to reiterate why he continues to believe that Mr. Landry represents a significant threat, Dr. Alatishe responded that his patient’s anxiety levels and symptoms of paranoia arising from his schizophrenia continue to need to be well managed due to the fragility of his mental state.
Closing Observations
Mr. O’Brien submitted that Mr. Landry has been under the jurisdiction of the Board since 2009 and since then his slow and steady progression has continued. Mr. Landry has been in the community since 2022 and has not required hospital readmission for mental health issues this past year. Going forward, as he moves towards an absolute discharge what needs to be put in place in the community is the degree of support he currently receives under the forensic system. This is why considerable liberalization is being recommended.
Mr. Kim submitted that the Hospital Report and evidence of Dr. Alatishe supports the current Disposition as well as the proposed changes. He noted that there have been improvements seen vis-à-vis Mr. Landry’s general anxiety which is positive. Mr. Rai submitted that overall Mr. Landry has had a successful year in that he has remained medication compliant with no positive screens for substances, no aggression and fair insight.
Analysis
(a) Significant Threat
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.
The Board considered the joint position of the parties and following its own analysis of the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
This panel accepted Dr. Alatishe’s uncontroverted expert evidence that because of the fragility of Mr. Landry’s mental state, any decompensation brought on by stress or medication non-compliance would be rapid and significant. Mr. Landry therefore continues to require forensic oversight to prevent relapse as he currently has no community supports in place. The Board also relies on the Hospital Report and more specifically the Clinical Risk Summary contained therein at pages 89-90.
The Board therefore accepts that absent an ORB Disposition, Mr. Landry would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Landry will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Landry continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Landry’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Landry provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Landry’s needs, the Board was attentive to the family like support he gains from his association with the Jehovah's Witnesses. For the past three years Mr. Landry has resided in the community without re-admission to hospital for psychiatric care. The treatment team’s objective for the year ahead is to connect Mr. Landry with a psychiatrist able to follow him in the community. As conceded by Dr. Alatishe his patient is treatment capable, abstinent, residence stable, with no incidents of aggression.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Landry poses to the safety of the public while still meeting his needs is that of a loosened conditional discharge disposition with the amendments as set out at page 90 of the Hospital Report. This panel recognizes that the proposed loosened terms and conditions are put forward in anticipation of the hospital considering recommending an Absolute Discharge to Mr. Landry in the coming years albeit subject to the availability of a community psychiatrist and the continuation of his positive trajectory.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Alatishe and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Landry’s mental condition, his reintegration into society and other needs.
DATED this 28th day of November 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Legal Member
Office of the Registrar Ontario Review Board