Re: Tyler Smith
ORB File No: 8270
Hearing held on: Wednesday October 22, 2025
Place of hearing: Via Zoom Videoconference
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before: Alternate Chairperson: Mr. M. Segal Members: Dr. B Sheppard Dr. G. Stones Mr. D. D’Intino Ms. R. MacIntyre
Parties Appearing: Accused: Tyler Smith Counsel: Ms. N. Circelli
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DECISION
(Dated November 25, 2025)
Introduction
Tyler Smith was found not criminally responsible on account of mental disorder (NCRMD) on March 22, 2023, of the offence of aggravated assault, contrary to the Criminal Code of Canada (the Code).
Mr. Smith is currently subject to a Disposition of the Ontario Review Board, (the “Board”) dated July 18, 2025, detaining him at St. Joseph's Health Care London. He is subject to conditions inter alia at the discretion of the Person in Charge, and with privileges up to and including to live in the community of Southwestern Ontario in accommodation approved by the Person in Charge.
By letter dated August 22, 2025, the Person in Charge of the Hospital advised the Ontario Review Board that Mr. Smith was readmitted to the Rehabilitation Unit of the Hospital on August 14, 2025 following his eviction from his group home. The duration of the increased restriction on Mr. Smith’s liberties exceeded 7 days on August 21, 2025.
The Hospital thus notified the Board, pursuant to s. 672.56(2)(b) of the significant increase in the restriction of Mr. Smith’s liberties and requested that the Board set this hearing.
Prior to the ROL hearing, the Board received a Restriction of Liberties (ROL) Report authored by Dr. Ajay Prakash on September 10, 2025, and entered it as an exhibit.
A panel of the Ontario Review Board convened this Restriction of Liberty hearing, pursuant to Section 672.81(2.1) of the Criminal Code of Canada, on October 22, 2025, to consider if the significant increase in the restriction of Mr. Smith‘s liberty, which started on August 14, 2025 and continued until the hearing, was necessary and appropriate and the least onerous and least restrictive option available to the Hospital to manage his risk in all the circumstances.
Position of the Parties:
At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board.
On behalf of the Hospital, Ms. Zamprogna submitted that the initial and ongoing Restriction of Liberty was necessary and appropriate in the circumstances.
Counsel for the Attorney General supported the Hospital position.
Counsel for Mr. Smith agreed with counsel for the Hospital and Attorney General and thus a joint submission was proposed for the Panel to consider.
Conclusion
- For the reasons that follow, the Panel agreed with the parties and found that both the initial and ongoing restrictions of Mr. Smith’s liberty was, and remains, necessary and appropriate in the circumstances and represents the least onerous and least restrictive course of action available to the Hospital to manage the increased risk presented by Mr. Smith.
Index Offence(s)
- The index offences occurred on November 26, 2024. The following details are taken from the most recent Reasons for Disposition:
On the 3rd of July 2021 at approximated 05:50 hrs Huron OPP received an initial report of a suspicious male in the Turnberry Estates trailer park located at 39724 Amberley Rd., Morris Turnberry. Further calls were received as officers were enroute that advised of and out of control male and 2 males fighting.
Constables FEDORKO and PRETLI arrived on scene first and took the male into custody and assessed the injured male party. The male was determined to be Tyler SMITH of R[…] Dr., Turnberry Estates and the injured male was found to be his father David SMITH also of R[…] Dr. In speaking to David SMITH, it was discovered that the accused had been involved in a mental health call on the 2nd of July where he had been found at the side of Amberley Rd yelling and screaming and confused. During that 8270-Jun 19, 2024 incident Tyler had been apprehended and transported to the Wingham Hospital for assessment. He was released at approximately 10 p.m. that night and returned home. At approximately 05:30 am today ( 3rd July 2021 ) the victim had been awoken by loud shouting and banging and objects being thrown about. The victim attempted to speak to the accused to calm him down but all of a sudden, the accused grabbed a floor lamp from inside the living room and began to swing it in a violent and deliberate manner attempting to strike the victim. David SMITH was struck several times in the head with the floor lamp causing serious lacerations and swelling to his head. During the violent outburst, the accused was shouting and yelling in a seemingly delusional manner. During the altercation, the victim also believes he was struck in the face with a closed fist by the accused due to swelling around his eyes. Tyler damaged the front storm door of the residence shattering the glass pane in the door. The victim stated he was bleeding heavily after the assault.
Several nearby neighbours overheard the commotion and attempted to determine what was occurring. The second victim, identified as Albert TEENINGA, awoke and went to close his bedroom windows due to the noise. Once at the window he observed the accused whom he had known for several years walking around his truck in his driveway yelling and attempting to knock the mirrors off the vehicle.
TEENINGA yelled at the accused to get him to stop and went out into the driveway in an attempt to calm Tyler down and stop the attempted damage to his vehicle. A physical altercation ensued which resulted in TEENINGA being punched at least twice in the face with a closed fist by the accused. At one point the accused picked up a white wooden planter box and swung it wildly striking the passenger side door of TEENINGA's pickup truck. This caused a medium sized dent in the passenger side door of the vehicle. TEENINGA was able to wrestle the accused to the ground and hold him there in an attempt to calm him down. While this altercation was going on, the witness identified as Wallace LONDON, who was staying the night across the road from TEENINGA's residence, overheard the commotion and also came outside. LONDON observed the accused assaulting TEENINGA and swinging the wooden planter box. As TEENINGA had the accused pinned to the ground LONDON proceeded to unit 12 to see if anyone was injured as he knew an older male with physical disabilities also resided in the home. LONDON stated he was only able to speak to a male in the home as there was a dog at the front yard who was growling. The male inside indicated he was injured and was bleeding.
TEENINGA, who still had the accused pinned to the ground, advised he released his grip on the male as he seemed to have calmed down. The accused got up and entered TEENINGA's 2008 Cadillac which was parked behind his truck in the driveway. Another altercation ensued and the accused attempted to grab the floor lamp lying on the ground. TEENINGA believed the accused was attempting to pick it up to swing at him, however the lamp was partially stuck underneath the Cadillac, and he was unable to do so. TEENINGA again wrestled the accused to the ground attempting to restrain him. During this altercation, the front right fender of TEENINGA's Cadillac was scratched by the accused. All throughout the interaction the accused was yelling and screaming "Help Me!". Another neighbour identified as Leo BRIDGES overheard the commotion down the street and came out of his residence, He observed his friend Albert with the accused pinned to the ground. BRIDGES advised he was aware TEENINGA had a heart condition, so he came to help restrain the accused to give him a break from the physical exertion. Shortly after that the ambulance and police arrived on scene.
David SMITH was treated at the scene by EMS and transported to the hospital due to his injuries. Then victim was bleeding heavily from several injuries to his head and face as well as swelling on his right arm. David SMITH has limited mobility due to an amputated leg and several other medical issues as well as swelling on his right arm.
Diagnosis
- Mr. Smith has been diagnosed with the following: Delirium (resolved); Major Depressive Disorder (moderate); Moderate Cannabis Use Disorder; Severe Panic Disorder without Agoraphobia; Post-traumatic Stress Disorder (PTSD), and Obsessive Compulsive Disorder.
The ROL Report
Mr. Smith is subject to a Detention Order following his last annual hearing which detained him at St. Joseph’s Healthcare London. Mr. Smith was subsequently discharged to reside in the community and he was residing at the Little Lake Residential Group Home in St. Mary’s, ON until July 31, 2025.
On that date, Mr. Smith was evicted from the group home due to issues involving theft. Emergency housing services in the area were able to place him in temporary housing, the Rosecourt Motel, for two weeks. During his time at the motel, he reportedly struggled with low mood, increased anxiety and an inability to organize and plan for alternative housing. It was also noted that he required structured assistance from Forensic team members and demonstrated signs of mental health decline, including maladaptive coping through increased cannabis use, poor self-care and increased suicidal ideation.
On August 14, 2025, Mr. Smith’s emergency housing at the Rosecourt Motel ended and he was admitted to hospital. His overall clinical risk and decompensation was a concern to the treatment team. Absent supervision, he would likely fall away from treatment due to increased stress and disorganization. Despite health teaching around relapsing into substance use, he continued to use cannabis. When considering his current level of supervision, he continued to miss appointments with treatment team members. In addition, he was seclusive in nature and would likely not seek mental health support independently. He also breached his disposition by smoking cannabis. He has no prosocial support that could assist in mitigating his risk while living in the community, aside from his treatment team.
The duration of the increased restriction on Mr. Smith’s liberties exceeded 7 days on August 21, 2025.
Evidence at the Hearing
Dr. Ajay Praskash testified at the hearing on behalf of the Hospital and adopted the contents of the ROL Report, which he authored. Dr. Prakash testified that while he is no longer Mr. Smith’s attending psychiatrist, he was in that role since Mr. Smith entered the forensic system and was in that role at the time of the ROL. Mr. Smith’s most responsible physician is now Dr. Jason Quinn.
Dr. Prakash testified to what is summarized in the ROL above. Ultimately, due to Mr. Smith’s eviction from his group home and the untenability of keeping him at the motel long term, the treatment team felt that his risk in the community could not be managed, nor his needs met, if Mr. Smith were to be left homeless.
Dr. Prakash explained that Mr. Smith required extensive monitoring to maintain his medication and keep him organized. He had no other support system available to him and thus readmission to the Hospital was a last resort.
One of the reasons why the team changed its recommendation from a Condition Discharge to a Detention Order at Mr. Smith’s last annual hearing was because his eventual eviction was predicted in advance and, despite the best efforts of the treatment team, it could not be avoided.
Since being readmitted to the Hospital, Mr. Smith’s progress has been slow. A number of goals have been identified for him to meet, medication adjustments to improve his sleep were made and Mr. Smith has continued with the DBT sessions in Hospital that he had already been doing in the community. Dr. Prakash testified that Mr. Smith has only progressed to Level 2 privileges in his two months in Hospital.
Dr. Prakash told the Panel that Mr. Smith is cooperative with his treatment team when approached, he is organized and is not a management concern.
In response to questions from defence counsel, Dr. Prakash stated that Mr. Smith is seeing an Occupational Therapist currently and that Mr. Smith can be placed on a waitlist for housing once an OT assessment has been completed. Additionally, Mr. Smith lost his funding and access to the housing pool provided by Community Housing for Opportunity (CHO) because of his eviction from the Group Home.
Furthermore, Dr. Prakash testified that he is working to clarify Mr. Smith’s diagnosis because Mr. Smith does not have a psychotic disorder and he is investigating whether the delirium that led to the index offences might have been caused by a combination of medications.
In response to Panel questions, Dr. Prakash confirmed that had alternative housing been secured for Mr. Smith after his eviction from the Group Home, that readmission would not have been required. Mr. Smith’s risk could not be managed in the community if he was homeless, particularly because his mental status declined and he became disorganized, perhaps in part because of his cannabis use.
Finally, Dr. Prakash explained that sleep hygiene is very important for Mr. Smith. He tends to spend long periods of time in the dark sleeping in his bed during the day and it is hoped that with better sleep hygiene, the sleep medication he is taking can be gradually ceased and his body will readjust to a normal sleep pattern.
At the conclusion of the evidence, all parties maintained their joint submission and Dr. Prat told the Panel that he will continue to investigate Mr. White’s diagnosis.
Analysis and Conclusion
The Panel unanimously agreed with the parties’ joint submission and thereby concluded that the evidence provided by the Hospital supported the determination that both the initial and ongoing restriction of Mr. Smith’s liberty was and remains both necessary and appropriate.
Mr. Smith has a history polysubstance abuse which includes cannabis, opioids, methamphetamine and cocaine, which had in past contributed to hospitalizations for symptoms such as auditory hallucinations, anxiety, panic, depression, obsessive compulsive disorder and post-traumatic stress disorder. Moreover, Mr. Smith has a history of non-compliance with prescribed medication, a familial history of mental illness, historical challenges with grief and addressing past sexual abuse.
As outlined in the most recent Hospital Report, Mr. Smith has faced recent challenges in remaining abstinent from the use of cannabis, which in the context of his most recent readmission may have played a role in his mental status decompensation.
The Panel directs that St. Joseph’s Healthcare reconsider whether a reimposition of a cannabis prohibition clause is warranted at the next annual hearing.
In considering the totality of the evidence presented at the hearing, including the information contained in the Hospital Report, the positions of the parties and the testimony of Dr. Prakash, the Panel finds that the initial and ongoing restriction of Mr. Smith’s liberty was and remains both necessary and appropriate, and that the least onerous and least restrictive option was utilized by the Hospital to manage the risks posed by Mr. Smith in consideration of the totality of the circumstances.
DATED this 25th day of November 2025, at the City of Toronto, in the Toronto Region.
Mr. D. D’Intino Legal Member
Office of the Registrar Ontario Review Board