Re: Harry James Mitchell
ORB File No: 2379
Hearing held on: Tuesday, October 7, 2025
Place of hearing: North Bay Regional Health Centre – North Bay Site
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse
Members: Dr. W. Johnston Dr. G. Nexhipi Hon. E. Kruzick Ms. D. Smith
Parties Appearing:
Accused: Harry James Mitchell Counsel: Ms. C. Francis
The Person in charge of Hospital: Representative: Ms. J. Doyon Counsel: Mr. P. Trenker (via Zoom)
Attorney General of Ontario: Counsel: Ms. M. Mazurski
REASONS FOR DISPOSITION
(Dated November 5, 2025)
Introduction
On September 5, 1996, Harry James Mitchell was found not criminally responsible (“NCR”) on account of mental disorder on charges of sexual interference and breach of probation contrary to the Criminal Code of Canada (“Criminal Code”). Since that time, Mr. Mitchell has remained subject to dispositions of the Ontario Review Board, (“Board” or “ORB”).
The most recent disposition is dated November 4, 2024, detaining Mr. Mitchell at the forensic program of the North Bay Regional Health Centre – North Bay Site (the “Hospital” or “NBRHC”) with privileges up to and including living in the community in 24-hour a day supervised accommodation and a requirement that Mr. Mitchell not be outside any community residences unless he is escorted by staff.
On October 7, 2025, a panel of the Board convened in person at the Hospital to hold a hearing to review Mr. Mitchell’s most recent disposition. Mr. Mitchell was present and represented by counsel, Ms. Francis.
Initial Positions
- At the outset of the hearing the parties were canvassed as to their initial positions. Mr. Trenker on behalf of the Hospital, indicated that the Hospital was seeking a continuation of the existing disposition. Counsel for both the Attorney General and Mr. Mitchell confirmed that they were in agreement with the Hospital’s position.
Issues at the Hearing
- The question for the Board is whether Mr. Mitchell remains a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition, considering the four factors in s. 672.54 of the Criminal Code.
Findings
- For reasons that follow, at the conclusion of the hearing, the Board found that Mr. Mitchell presents a significant threat to the safety of the public and that the continuation of the existing disposition as recommended by all parties is necessary and appropriate and represents the least onerous and least restrictive.
Index Offence
- The index offence is set out at page 2 of the Hospital Report as follows:
“On July 27, 1996, at approximately 7:45 p.m., the victim, an 11-year-old boy and his 9-year-old cousin, attended the Wikwemikong Youth Centre and proceeded downstairs to the Recreation Room to play pool. No one else was present in the room except the accused, Mr. Mitchell, who arrived immediately following the youths and proceeded to the Television Room down the hall from the Recreation Room. At approximately 8:00 p.m., the victim was called into the Television Room by the accused. Once in the Television Room, the accused walked over to the victim and began a conversation on general topics. As the accused stood facing the victim, he proceeded to pull down the victim's nylon pants and underwear and reached his right arm behind the victim, placing his hand on the victim's buttock and stated to the victim "You're beautiful". When the accused attempted to kiss the victim's cheek, the victim pulled free from him, pulled up his clothing and fled. The assault was reported to the First Nations constable on duty and Mr. Mitchell was subsequently arrested.”
Background Information
Mr. Mitchell is a 54-year-old man who has been detained in hospital and an inpatient for 28 years since the NCR finding in 1996.
Mr. Mitchell is of Indigenous heritage. He was born in Sudbury, was the eldest of three children and was raised by his parents in Whitefish Falls. His childhood was marked by deprivation. The family home had few amenities such as running water and electricity.
Throughout his elementary school years Mr. Mitchell was enrolled in special education classes. As a young student he exhibited disruptive behaviour, distractibility, and poor attention span.
In 1989 Mr. Mitchell’s mother died and he was admitted to the Genesis Adult Group Home in Espanola. Mr. Mitchell’s father died in 1993 and his sister in 2008. He has no contact with his brother, his remaining sibling.
In 1995 Mr. Mitchell moved to a group home operated by the Wikwemikong Anishinaabe Association for Community Living where he lived at the time of the index offence.
Mr. Mitchell appeared before the ORB at Waypoint Centre for Mental Health Care on October 26, 2023. The disposition dated November 7, 2023, ordered a transfer to the Forensic Program of the North Bay Regional Centre, North Bay. Mr. Mitchell was admitted to Deer Lodge – Forensic Assessment Unit on December 28, 2023.
Mr. Mitchell does not have a major mental illness. He is diagnosed with an intellectual disability. He is incapable of consenting to treatment and the Public Guardian and Trustee (“PGT”) is his substitute decision maker (“SDM”).
The Hospital Report, dated September 8, 2025, was made an exhibit in this proceeding and therefore its contents will only be referred to briefly. Dr. Munro, who co-authored the report testified and adopted its contents. Dr. Munro has been Mr. Mitchell’s treating psychiatrist since he came to the NBRHC in December 2023.
Criminal History
- Prior to the commission of the index offences Mr. Mitchell had a criminal record of a single conviction (June 1996) for performing an indecent act. He received a suspended sentence with two years’ probation.
Current Diagnoses
- Mr. Mitchell’s current medical diagnoses are set out in the Hospital Report as follows:
Seizure Disorder
Non-Insulin Dependent Diabetes Mellitus with Polydipsia
Hypothyroidism
Evidence
The Hospital Report, dated September 8, 2025, was made an exhibit at the hearing. Dr. Munro, who testified and co-authored the report, adopted its contents. She has been Mr. Mitchell’s attending psychiatrist since he came to the NBRHC in December 2023. The Hospital Report is detailed and provides a thorough personal history, mental health history and Mr. Mitchell’s history of hospitalizations and living in the community going back to Mr. Mitchell’s childhood. In these Reasons the report is therefore only referred to briefly.
Dr. Munro testified that Mr. Mitchell does not have a major mental illness however Mr. Mitchell has moderate intellectual disability complicated by additional medical conditions. Dr. Munro referenced the index offences and opined that, given Mr. Mitchell’s illnesses, close monitoring of Mr. Mitchell’s health is required to mitigate the risk of recidivism in order to safeguard both Mr. Mitchell and the community.
As set out in the Hospital Report, Dr. Muno stated that in the absence of adequate oversight Mr. Mitchell would find it increasingly difficult to navigate and manage his complex medical and psychological healthcare needs.
Dr. Muno opined that Mr. Mitchell’s needs are such that he requires 24-hour supportive accommodation. With age, his cognitive abilities, which are already compromised, are progressively declining. The existing level of care is necessary to meet his personal needs and protect the safety of the public.
Dr. Munro stated that the hospital is aware that Mr. Mitchell wants to live in a group home or in suitable accommodation closer to his home near Sudbury. She stated that, given Mr. Mitchell’s needs and history, it may be difficult to find an appropriate placement for him. Nevertheless, the hospital will continue in its endeavours to find more suitable placement for him in this coming reporting year.
Submissions
- Counsel for all parties agreed that Mr. Mitchell poses a significant threat to the safety of the public. On behalf of the hospital, it was submitted that a continuation of the existing disposition is necessary and appropriate in the circumstances. Counsel for both the Attorney General and Mr. Mitchell agreed. As a result, this was a joint submission.
Analysis
Significant Threat
This was a joint submission. While the issue of significant threat was not contested at the hearing, the panel nevertheless makes an independent finding that bearing in mind the serious index offence and Mr. Mitchell’s cognitive and medical issues he continues to present a significant threat to the safety of the public.
As set out in the Hospital Report Mr. Mitchell’s sexual violence and his sexually inappropriate behaviours are associated with his intellectual disability combined with the limited psychological and medical support he has had since childhood.
Significant threat is supported by the evidence at this hearing. In coming to our conclusion, we accept and rely upon the expert evidence of Dr. Munro as set out in the evidence summary.
Disposition
Based on the evidence at this hearing, and bearing in mind the submission of all parties, the panel unanimously concludes that the necessary and appropriate and least onerous and least restrictive disposition is a continuation of the current disposition.
The Board encourages the hospital to continue its search for an appropriate community placement for Mr. Mitchell.
DATED this 5th day of November 2025 at the City of Toronto, in the Toronto Region.
Emile Kruzick
Legal Member
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Office of the Registrar
Ontario Review Board