Re Dante Bailey, 2025 CanLII 122708

Re: Dante Bailey

ORB File No: 7097

Hearing held on: Wednesday, October 8, 2025

Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus Hamilton, Ontario

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. H. Bloom Dr. A. Kerry Ms. S. Clapp Mr. W. Apted

Parties Appearing: Accused: Dante Bailey Counsel: Mr. L. Dimitry The person in charge of hospital: Counsel: Ms. L. Barney Attorney General of Ontario: Counsel: Mr. S. Kim

REASONS FOR DISPOSITION

(Dated November 25, 2025)

Introduction:

1On February 9, 2017, Dante Bailey was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault (x3) and assaulting a police officer, contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated October 22, 2024, whereby he is detained at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHCH” or the “hospital”) with privileges up to and including community living in approved accommodation. He is also required to abstain from substance use and from possessing weapons.

2On October 8, 2025, a panel of the Board convened at SJHCH to conduct Mr. Bailey’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Bailey attended the hearing and was represented by counsel, Mr. Dimitry. Mr. Bailey’s mother was also in attendance.

3The Hospital Report dated September 3, 2025, was marked as Exhibit 1. In addition to the documentary evidence, Mr. Bailey’s most responsible physician, Dr. Wesley Sutton, gave evidence.

4The issues to be decided at the hearing were whether Mr. Bailey continues to meet the test of posing a significant threat to the safety of the public as set out in section 672.5401 of the Criminal Code, and if so, what is the necessary and appropriate Disposition, taking into account the four factors set out in section 672.54 of the Criminal Code.

Position of the Parties:

5At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Ms. Barney took the position that Mr. Bailey continues to represent a significant threat to the safety of the public, and that a continuation of the existing Detention Order remained necessary and appropriate.

6Mr. Kim supported the position of the hospital on behalf of the Attorney General. Mr. Dimitry did not take a position, but indicated that he would not be leading any independent evidence on the issue of significant threat. The parties maintained their positions in closing submissions.

Findings:

7For the reasons that follow, the panel found that Mr. Bailey continues to pose a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the Detention Order with the same terms and conditions as last year.

Index Offences:

8The circumstances of the index offences are taken from last year’s Reasons for Disposition dated November 6, 2024 as follows (at para. 6):

“Charge #1: November 30, 2016, 3:30 p.m.: Mr. Bailey assaulted a nurse by punching her in the face with a closed fist, causing injury to her jaw, neck and back requiring medical attention.

Charge #2: November 30, 2016, 3:35 p.m.: while Mr. Bailey was being escorted to the seclusion room, he struck a second female victim in the face with a closed fist, causing some swelling. He was arrested by police, charged and released on a promise to appear.

Charge #3: December 2, 2016, 7:30 pm: Mr. Bailey committed an unprovoked assault on a co-patient. The victim had been sitting alone when Mr. Bailey entered the room and punched him with a closed fist to the left side of the face. The victim did not require medical attention.

Charge #4: December 7, 2016, police attended the Hospital, viewed the surveillance video of the December 2, 2016 incident, and arrested Mr. Bailey for assault. He was transported to Station 10 – Central Custody for processing. While being searched at the station, Mr. Bailey assaulted a police officer by punching him in the face.”

Background:

9Mr. Bailey’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Bailey is a 29 year old single man who was raised by his mother after his father left when Mr. Bailey was young. The family reportedly lived in poverty. Mr. Bailey’s mother moved to Trinidad and Tobago with her daughter when Mr. Bailey was 15 years old, leaving Mr. Bailey and his brother alone. Mr. Bailey’s mother had reportedly arranged for someone to look in on the boys, but the heat and hydro were shut off. A neighbour (Tammy Ecker) subsequently took Mr. Bailey in and he lived with them until September 2014 when he moved into student housing at Mohawk College. Mr. Bailey’s mental health difficulties began around 2015.

10Mr. Bailey held a number of short-term jobs over the years, and is currently supported by the Ontario Disability Support Program.

11Mr. Bailey reported that he started smoking cannabis at age 14, and it appeared that he continued to use it on a regular basis.

Criminal History:

12Mr. Bailey has no criminal record. The Hospital Report stated that charges of theft and possession under $5000 were diverted in 2011.

Psychiatric History:

13The Hospital Report sets out Mr. Bailey’s psychiatric history in detail and will not be repeated here. Briefly summarized, Mr. Bailey has a history of delusional beliefs, auditory hallucinations, assaultive behaviour, and a diagnosis of schizoaffective disorder. He had at least three admissions in 2015 and 2016 (he was hospitalized from May to December 2015) related to bizarre behaviours, delusional thoughts, violence, and noncompliance with treatment. Mr. Bailey required seclusion at times and was often detained involuntarily. He was found incapable of consenting to treatment and was also subject to a community treatment order (“CTO”) in 2016.

14Mr. Bailey was discharged from the hospital to live with his brother in January 2016. His attendance at appointments was very poor and inconsistent following this, and Form 47s (Order for Examination) were frequently required in order for Mr. Bailey to receive his medication pursuant to the CTO.

15Mr. Bailey was admitted to hospital on November 23, 2016 after allegedly punching his brother and his brother’s girlfriend. The police were called and Mr. Bailey then punched a police officer and a nurse. While in the hospital, Mr. Bailey reportedly assaulted seven individuals with no reasonable explanation. Some of these events led to the charges related to the index offences.

16During his first year under the jurisdiction of the Board, Mr. Bailey continued to engage in assaultive behaviour towards co-patients and did not believe that he needed treatment. Over the next few years, Mr. Bailey’s mental status was stable with treatment, he was abstinent from substances, and his insight improved. He used all of his privileges appropriately and attended Mohawk College. He also reconnected with some of his family.

17Mr. Bailey was discharged to the community on January 23, 2020 and was granted a Conditional Discharge at his annual hearings in 2020 and 2021. Mr. Bailey earned a diploma from Mohawk College and was employed for approximately six months during this time.

18The Hospital Report stated that around November 2021, Mr. Bailey was noncompliant with medication and the housing provider noticed decompensation in his mental status. Mr. Bailey was readmitted to the hospital in January 2022 and a Detention Order was issued in February 2022. Following this, Mr. Bailey had a challenging course which included elopements, an assault on a co-patient, and persistent treatment refractory psychotic symptoms. In May 2024, Mr. Bailey failed to return from a pass on time and an escape custody was called. Mr. Bailey was returned to the hospital by police the next day. He was charged and placed on bail conditions by the court.

19The Hospital Report stated that Mr. Bailey’s current diagnosis is Schizoaffective Disorder. Dr. Sutton testified that Cannabis Use Disorder, in sustained remission in a controlled environment should also be included. Mr. Bailey is incapable with regard to both psychiatric treatment and the management of property. A family friend (Tammy Ecker) is his substitute decision-maker for treatment and the Public Guardian and Trustee is his guardian of property.

Evidence at the Hearing:

20Dr. Sutton testified that Mr. Bailey was started on Clozapine in October 2024. He explained that while Mr. Bailey had a trial of Clozapine in 2017 with concerning side effects, he consulted a cardiologist who indicated that a retrial could be undertaken with extra precautions. This was considered given that Mr. Bailey’s symptoms were not responding to other antipsychotic medications. After a substantial hiatus due to the hospital’s cautious approach about reinstituting Clozapine, a slow titration of the medication was undertaken. Dr. Sutton reported that Mr. Bailey had responded quite well. His perceptual symptoms and paranoia are attenuated, and he is much more present on the unit. Although there is some residual disorganization, Mr. Bailey has been able to engage in programs on the unit and go on accompanied passes into the community. He is also volunteering twice a week at a food bank which he enjoys.

21Dr. Sutton stated that the plan is to continue to increase the dose of Clozapine gradually (Mr. Bailey is currently on 375 mg daily) with the hope that there will be some additional benefit. The treatment team also hopes that Mr. Bailey may be able to start the transition to community living in the coming year. Referrals have been made for a number of supported housing options (with 24/7 supervision) and Mr. Bailey has been on the waitlist for the Transitional Rehabilitation Housing Program (TRHP) since March 2021.

22Dr. Sutton testified that Mr. Bailey’s beliefs that his food had been poisoned have decreased significantly; however, he is still selective about his food. Mr. Bailey currently uses privileges up to level 4 accompanied passes into the community. Dr. Sutton hoped that Mr. Bailey will be ready for indirectly supervised community passes in the next few weeks. This would start with Mr. Bailey going to his volunteering on his own, and would hopefully progress after that. Dr. Sutton reiterated that structured activity is a protective factor for Mr. Bailey, and referred to the period of time when he was working in the community for six months.

23When asked why a Conditional Discharge was not appropriate for Mr. Bailey, Dr. Sutton stated that the hospital needs to be able to approve his accommodation. He noted that Mr. Bailey’s prior accommodation in the community did not provide an adequate level of support, and he likely requires 24/7 supervision. Dr. Sutton also testified that Mr. Bailey’s psychosis, paranoia, and violence can increase abruptly, and historically have been difficult to detect in the days and hours leading up to the incidents. He noted that while Mr. Bailey is calm and cooperative at baseline, when he is unwell he is guarded and suspicious and says that nothing is wrong. Finally, Dr. Sutton stated that Mr. Bailey’s lack of insight is another factor warranting a Detention Order.

24The Clinical Risk Summary in the Hospital Report stated the following about the issue of significant threat (at pages 73-74):

“Although symptoms of psychosis have decreased in intensity over the past year, some residual disorganization and mild paranoia remain. Of note, Mr. Bailey has acknowledged being fearful at the time he eloped from hospital in May of 2024. This likely occurred in the context of active psychotic symptoms, prior to the initiation of clozapine. Mr. Bailey’s insight into his illness and need for treatment remains quite limited. He frequently speaks of morning sedation which he attributes to clozapine, while at times de-emphasizing the benefit he has derived from the medication to date. Furthermore, Mr. Bailey lacks insight into the deleterious effects of cannabis, specifically, the increased risk of psychosis associated with marijuana use. In the absence of external supervision and oversight offered by the forensic service, it is likely that Mr. Bailey would discontinue clozapine, leading to a rapid deterioration in his mental state, with increased paranoia and disorganization, and emergent agitation and aggression, as has been seen in the past when he was unwell. In addition, he would likely return to using cannabis regularly, which would greatly amplify the risk by exacerbating symptoms of psychosis. Finally, Mr. Bailey is acutely susceptible to the effects of stress, and he often struggles to confide in staff when he is under duress. In the absence of the close supervision and support of the forensic service, it is likely that Mr. Bailey would have difficulty managing and coping with stress, which would further increase the likelihood of medication non-compliance and a return to cannabis use.”

25The Hospital Report stated that Mr. Bailey’s approved visitors include his mother, and Ms. Ecker and her husband. He does not have any Approved Persons. His mother visits occasionally and he has some telephone contact with other family members.

26Dr. Sutton testified that it was a relatively recent development that Mr. Bailey’s mother is back in his life. There have been some concerns as a result of her incomplete understanding of Mr. Bailey’s mental illness and need for medication, her views about medications and alternate treatments, and inconsistency in visits and follow-up. However, Dr. Sutton stated that it is clear that Mr. Bailey’s mother is a strong advocate for him and just wants what is best for him.

27An updated risk assessment was conducted this year due to the introduction of Clozapine in Mr. Bailey’s treatment regimen and his subsequent clinical improvements. The Psychological Risk Assessment Note prepared by Dr. Heather Moulden dated August 7, 2025 was included in the Hospital Report and concluded that Mr. Bailey’s overall risk for violence was in the moderate range, with an increase in risk status in the event of substance use or exacerbation of symptoms due to substances, treatment noncompliance, or stress. Dr. Moulden opined that a Detention Order is warranted to manage Mr. Bailey’s risk.

28In response to questioning, Dr. Sutton confirmed that Mr. Bailey receives a long-acting injectable medication every three weeks in addition to the daily oral Clozapine. He is compliant with both medications. When asked about Mr. Bailey’s attitude towards Clozapine, Dr. Sutton responded that it depends on the day – some days Mr. Bailey recognizes the importance of the medication and can recognize to a degree that it helps him with his perceptual disturbances, but other days he speaks about perceived side effects and minimizes any benefits. Dr. Sutton also testified that Mr. Bailey has been guarded and hesitant to discuss symptoms in the past, and while this has gotten better, there is still room for improvement. He stated that Mr. Bailey can seem internally troubled, but he is either reluctant to disclose his thoughts, and/or has difficulty expressing them.

29Dr. Sutton testified that he may consider decreasing or stopping the long-acting injectable medication once Mr. Bailey is stabilized on Clozapine and it is closer to the time of discharge. However, he noted that noncompliance with medication has been a significant factor in Mr. Bailey’s readmissions to hospital in the past, therefore any changes in medication would have to be considered very carefully.

30Dr. Sutton was asked about the comment in last year’s Reasons that referred to a potential transfer to the Centre for Addiction and Mental Health (“CAMH”). Dr. Sutton stated that currently Mr. Bailey wants to stay at SJHCH.

31Dr. Sutton also testified that there is still work to be done by Mr. Bailey around substance use and relapse prevention. Although Mr. Bailey has been abstinent for many years while under the jurisdiction of the Board, and there were no concerns this year, his insight into substance use and psychosis remains limited. He has also expressed an intention to resume use of cannabis once he is no longer under the Board’s jurisdiction.

32Dr. Sutton also said that Mr. Bailey is likely in a position now to benefit from cognitive behavioural therapy (CBT) for psychosis.

33No further evidence was called by the parties.

Analysis and Conclusions:

34Based on the Hospital Report and the evidence of Dr. Sutton, the panel concluded that there was clear evidence that Mr. Bailey remains a significant threat to public safety. The panel accepted the opinion set out in the Clinical Risk Summary and reproduced above. Mr. Bailey has a persistent mental illness with a history of multiple assaults on members of the public, co-patients, staff, and police. Although his condition has improved considerably on Clozapine, some residual disorganization, mild paranoia, and guardedness remain. Mr. Bailey was regularly noncompliant with medication prior to the index offences, and was also noncompliant when living in the community under a Conditional Discharge in 2021. When he is noncompliant with treatment, his symptoms return quite rapidly and can be unpredictable. Mr. Bailey’s limited insight into his illness and the effects of cannabis also increase the likelihood that he will discontinue medications and act out in a way similar to the index offences if not subject to the jurisdiction of the Board.

35The panel also concluded that a continuation of the Detention Order was necessary and appropriate, and the least onerous and least restrictive Disposition for Mr. Bailey at this time. Mr. Bailey has done well since the reintroduction of Clozapine, and he is gradually progressing back through the privilege ladder. He is volunteering twice a week and will likely obtain indirectly supervised privileges into the community shortly. It is hoped that if this positive trajectory continues for Mr. Bailey he will be ready to start discharge planning. It was apparent that the housing that he was discharged to in 2020 was insufficient for his needs, such that 24/7 housing options are now being explored. It was clear that the hospital needs the ability to approve Mr. Bailey’s housing going forward so that a more successful discharge to the community can be undertaken. Further, the hospital requires the ability to bring Mr. Bailey back to the hospital rapidly in the event of any decompensation.

36The panel also noted that a community living provision is already in Mr. Bailey’s Disposition, so he has yet to reach the ceiling of his privileges at this time.

37The panel agreed with Mr. Dimitry’s submission that Mr. Bailey has done well under the Board in the past, and it is hoped that the reintroduction of Clozapine is the turning point that Mr. Bailey needs in order to reintegrate into the community once again and reach his goals.