Ontario Review Board
Re: Michael Phillip
ORB File No: 7346
Hearing held on: Wednesday, October 15, 2025
Place of Hearing: Ontario Shores Centre for Mental Health Sciences
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Flanagan
Members: Dr. K. Hand
Dr. J. Cheston
Ms. C. Fromstein
Ms. B. Naegele
Parties Appearing:
Accused: Michael Phillip
Counsel: Ms. J. Boissonneault
Person in charge of hospital: Counsel: Ms. J. Szabo
Attorney-General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated November 26, 2025)
Introduction
On April 27, 2018, Michael Phillip was found not criminally responsible (“NCR”) on charges of assault and failure to comply with a probation order contrary to the Criminal Code of Canada (Criminal Code).
Mr. Phillip is currently subject to a Disposition of the Ontario Review Board ((“ORB” or “the Board”), dated October 4, 2024, by which he is ordered to be detained within the Forensic Service at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the Hospital”) with certain privileges including to live in the community in accommodation approved by the person in charge.
On October 15, 2025, a panel of the Board convened to review the Disposition in accordance with the requirements of s. 672.81(1) of the Criminal Code. Mr. Phillip and his counsel, Ms. J. Boissonneault were present at the hearing. A Hospital Report dated September 26, 2025, was filed as Exhibit 1 at the hearing.
The issue for the hearing is whether Mr. Phillip continues to pose a significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition in all the circumstances.
Initial Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Szabo, on behalf of the Hospital, recommended no change to the current Disposition.
Ms. MacDonald, on behalf of the Attorney General of Ontario, supported the recommendation of the Hospital
Ms. J. Boissonneault, on behalf of Mr. Phillip, agreed with the Hospital’s recommendation and submitted that significant threat was not in issue.
Index Offence
- The circumstances of the index offences are set out in the Hospital Report as taken from the Waypoint Hospital Report dated June 9, 2020 as follows
“On four separate probation orders dated November 16, 2016, May 16, 2017, and August 4, 2017, x2, Mr. Phillip was bound by the condition to keep the peace and be of good behaviour.
On Wednesday, February 14, 2018, at approximately 7:50 p.m., the Toronto Transit Commission supervisor received a call to attend the Warden subway station, regarding an emotionally disturbed person. The supervisor arrived on scene and located the male accused, Mr. Michael Phillip, acting erratically, walking around the station without shoes.
At this time, she followed Mr. Phillip to bus bay five, where she observed him approach an unknown male and put him in a choke hold. The supervisor yelled at Mr. Phillip to stop. He stopped and proceeded to bus bay six, where he sat on the bench still acting out. Moments later, an unknown male approached him and an altercation ensued, where the unknown male produced a knife. As a result, Mr. Phillip sustained a laceration to his left hand.
Officers attended and Mr. Phillip was transported to hospital for medical attention. As a result of the investigation, Mr. Phillip was arrested for Assault and Failure to Comply with Probation.”
Personal Background/Psychiatric History
Mr. Phillip’s personal background and psychiatric history are extensively reviewed in the Hospital Report filed as an exhibit at the hearing and need not be repeated here.
Briefly, Mr. Phillip is thirty-six years of age, single with no children. He has had several psychiatric admissions prior to the index offences. At the time of the index offences, Mr. Phillip was residing in transitional housing in Toronto and supported by Ontario Disability Support Program (ODSP).
Mr. Phillip has an extensive criminal record which includes multiple convictions for assault, assault bodily harm, assault with a weapon, possession of an imitation firearm, utter threats, escape lawful custody and numerous breaches of probation orders.
On April 27, 2018, following the NCR verdict on the index offences of assault and breach of probation, Mr. Phillip was detained in the High Secure Provincial Forensic Program at Waypoint Centre for Mental Health Care (“Waypoint”).On July 18, 2018, he was transferred to Beausoleil B., one of Waypoint’s most highly privileged units.
On October 29, 2018, Mr. Phillip attended Toronto Court, where he was convicted on charges of Use of Imitation Firearm to Commit Indictable Offence, wearing a Disguise While Committing an Indictable Office, and Failure to Comply with Recognizance. These charges were incurred while Mr. Phillip was residing in the community in 2017. Mr. Phillip was sentenced to nine months’ custody and, as a Dual Status Offender, he was transferred to the Toronto South Detention Centre (TSDC) to begin serving his sentence.
On March 4, 2019, Mr. Phillip attended court, where he entered guilty pleas to charges of Assault and Assault with Intent to Resist Arrest. He was sentenced to 45 days to be served concurrently with the sentence he was already serving, 18 months’ probation, and a 10-year weapons prohibition.
On April 29, 2019, Mr. Phillip completed two-thirds of his nine-month sentence at the TSDC. No longer a Dual Status Offender, but still under the jurisdiction of the ORB, he was transferred to the High Secure Provincial Forensic Programs of Waypoint. He was transferred to Waypoint’s most highly privileged unit, Beausoleil B on July 18, 2019.
On February 19, 2021, Mr. Phillip was transferred to the secure Forensic Assessment Unit at the Ontario Shores Centre for Mental Health Sciences (Ontario Shores) pursuant to an ORB Disposition dated August 26, 2020. He was transferred to the Forensic Rehabilitation Unit (FRU) on March 3, 2021.
Current Diagnosis
- Mr. Phillip’s diagnoses include schizophrenia, cannabis use disorder, and antisocial personality disorder.
Evidence at the Hearing
The Hospital’s evidence was presented through the oral testimony of Dr. C. Harrigan to supplement the Hospital Report, filed as an exhibit at the hearing.
On November 14, 2024, while Mr. Phillip was on a general forensic unit, staff at Ontario Shores were informed that police had received a call from Byron House, a group home, regarding an alleged dispute and that Mr. Phillip might have access to a gun. Allegedly, Mr. Philip had gone to the group home with a firearm and threatened a resident. Police attended the hospital, and Mr. Phillip was placed in seclusion. The police conducted a search, and an imitation firearm was located on hospital grounds.
Mr. Phillip was subsequently charged with several criminal offences which included uttering threats, possession of a firearm while prohibited and pointing a firearm at another person. A court release order indicated that he “reside at Ontario Shores to the confined and secured unit of Ontario Shores and you are only permitted to leave with a staff member of Ontario Shores". The charges are scheduled for trial in July 2026. Mr. Phillip was subsequently transferred to the high secure Forensic Assessment Unit (FAU) at Ontario Shores and remained there following his Restriction of Liberty Hearing on December 18, 2024.
On January 24, 2025, Mr. Phillip was observed engaging in sexually inappropriate interactions with a female co-peer in the activity room. On February 2, 2025, Mr. Phillip was transferred to the secure Forensic Assessment Rehabilitation Unit (FARU). On February 8, 2025, Mr. Phillip posted a message on Facebook which read “All you rats at Ontario Shores will get yours”. There was concern from a patient on another unit that this message was a specific threat made against him. As a result, Mr. Phillip’s computer privileges were supervised.
Dr. Harrigan advised that Mr. Phillip is adherent to his long-acting and oral antipsychotic medication, and that his symptoms are well managed on the medication. She advised that Mr. Phillip continues to work closely with a behavioural therapist, concurrent disorder counselor and peer support worker with steady and meaningful progress. In that regard, he has shown clinically significant improvement in behavioural functioning and skill acquisition. Mr. Phillip’s insight into his illness is fair, and he sees benefit from taking his medication. The doctor stated that his insight into the index offence is developing.
Mr. Phillip continues to exercise his “staff accompanied” privileges to the maximum and participates in recreational activities both on and off the unit. On being asked, the doctor confirmed that but for the court order, Mr. Phillip would be eligible to progress to more liberal privileges. There also has been no concern regarding substance use or elopement from the hospital while using his privileges. Mr. Phillip successfully completed the "Illness Management & Recovery: Drug and Alcohol Use" program in the summer of 2025.
Dr. Harrigan agreed that both the long-acting medication and Mr. Phillip’s support from several family members serve as protective factors. The doctor also advised that his previous employment at Metro would still be available to him should his situation change.
Dr. Harrigan highlighted that as a result of the outstanding charges, Mr. Phillip is in a holding pattern. She advised however that the treatment team supports leaving the community living privilege in his Disposition and confirmed it serves as a therapeutic benefit and keeps Mr. Phillip on a waitlist for community housing.
Finally, Dr. Harrigan adopted both the Primary Reoffence Scenario at page 49 and the Clinical Assessment of Risk at pages 50-1 of the Hospital Report. She stated that Mr. Phillip suffers from a major mental illness, substance use disorder and personality disorder, with a history of noncompliance with antipsychotic medication and chronic substance use in the past. Should he stop taking his medication, his mental status would slowly decompensate over time and if combined with substance use, his risk for physical violence was very high.
No further evidence was presented at the hearing.
Final Submissions of the Parties
Ms. Szabo, on behalf of the Hospital, maintained her initial position that Mr. Phillip remained a significant threat to the safety of the public and that the existing Detention Disposition was the necessary and appropriate Disposition. She submitted that Mr. Phillip is in a “holding pattern” until the outstanding charges are dealt with in court. He is compliant with his medication regimen, using privileges well, mentally stable, and if the court order were not in place, he could be using more liberal privileges.
Ms. MacDonald, on behalf of the Attorney General of Ontario, maintained her initial position and supported the proposed changes to the terms of the Disposition.
Ms. Boissonneault, on behalf of Mr. Phillip, submitted that it has been a difficult year for her client, given the restrictive nature of the release order. To his credit, she submitted he has worked cooperatively and collaboratively with his treatment team and continues to take his medication. Further, he continues to work with a behavioural therapist and concurrent disorder specialist, showing steady progress. Ms. Boissonneault agreed with the continuation of the current Disposition on the same terms and conditions.
Conclusion and Disposition
Having considered all the evidence presented at the hearing, the Board finds that Mr. Phillip continues to pose a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code. We make this finding based on the evidence of Dr. Harrigan and the evidence contained in the Hospital Report filed as an exhibit at the hearing, notwithstanding the joint position on significant threat of the parties.
Mr. Phillip has been diagnosed with schizophrenia, cannabis use disorder, and antisocial personality disorder. He has a history of non-compliance with medication, and chronic substance use. His index offence involved assaultive behaviour and he has a significant criminal record for violence which includes threats, assaults, assault with a weapon, and possession of an imitation forearm.
This Board accepts the evidence of risk, as testified by Dr. Harrigan and outlined in pages 49-51 of the Hospital Report, and finds Mr. Phillip remains a significant risk to the safety of the public.
Since November 2024, Mr. Phillip has remained in a holding pattern given his outstanding criminal charges scheduled for trial in July 2026, and the interim bail restriction placed on his liberty by the court. Notwithstanding these circumstances, Mr. Phillip has made steady progress with his treatment during the reporting year. He has engaged closely with his team, which includes a behavioural therapist, concurrent disorder counselor, and peer support worker. In this regard, Mr. Phillip has meaningfully and consistently shown improvement in his behavioural functioning and skill acquisition. In addition, Mr. Phillip remains compliant with his medication regimen which has managed his symptoms well. He has exercised his “staff accompanied” privileges without issue or concern and has remained in regular contact with his supportive family.
This Board agrees with the parties that leaving the current privilege of community living in his Disposition keeps Mr. Phillip on a waiting list and has therapeutic benefit serving as a motivator should his situation change within the next reporting year.
For the reasons set out above, we came to the unanimous conclusion that Mr. Phillip remains a significant threat to the safety of public and that the most appropriate and necessary Disposition was the continuation of the existing Detention Disposition
In reaching our decision, the Board has considered the safety of the public, Mr. Phillip’s mental condition, his reintegration into society, and his other needs.
DATED this 26th day of November 2025, at the City of Toronto, in the Toronto Region.
Mr. C. Flanagan
Alternate Chairperson
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Office of the Registrar Ontario Review Board