Re: Derek Poulin
ORB File No: 8394
Hearing held on: Friday, October 10, 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. P. Prendergast Dr. G. Nexhipi Hon. E. Kruzick Ms. D. Smith
Parties Appearing:
Accused: Derek Poulin Counsel: Mr. W. Stickland
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 24, 2025)
Introduction
On September 19, 2023, Derek Poulin was found unfit to stand trial on charges of criminal harassment and invitation to sexual touching under age 16, contrary to the Criminal Code of Canada.
Mr. Poulin is currently subject to an Ontario Review Board (“ORB”) disposition detaining him at the Forensic Program of the North Bay Regional Health Centre – North Bay Site, herein after referred to as the hospital, on terms and conditions including permission to live within the catchment area of NBRHC – North Bay Site, in supervised accommodation approved by the person in charge.
On October 10, 2025, the ORB convened a hearing at the hospital to determine if Mr. Poulin remains unfit to stand trial, and if so, to determine the necessary and appropriate disposition for the coming year, having regard to the factors set out in s. 672.54 of the Criminal Code. Mr. Poulin was present for the hearing represented by his counsel, Mr. W. Stickland. A hospital report dated September 5, 2025, was entered as Exhibit 1 for the hearing.
Position of the Parties
At the outset of the hearing, the parties presented a joint position that Mr. Poulin remains unfit to stand trial and that the current disposition remains necessary and appropriate for the coming year. This joint position was maintained in final submissions.
For the reasons set out below, the Board agrees with the joint submission of the parties that Mr. Poulin remains unfit to stand trial and that the current disposition, namely a detention order with permission to live in the community in supervised accommodation approved by the person in charge, remains the necessary and appropriate disposition.
Alleged Charges
- The details of the charges against Mr. Poulin are extracted from the hospital report as follows:
“On 02Sep23 at 1953 hours Cst. Morin and Cst. Wood were dispatched to 204 Sixth Avenue in Lively which is the Lively Playground for a Suspicious Incident. Information received from the complainant, S.T., was that her son and his friend, ages 12, were approached by a man. He kept saying he knew them. The boys said, “No you don’t,” and the man said, “Can I rape you?” They thought his name was Derek but people in the community [sic] “Creepy Darren” who approaches little kids and also tries to sell people drugs in the park.
Her son’s name is R.S. and her son’s friend is M.G. Described him as Caucasian, approximately 5’5”, medium build, looked very dirty, potentially homeless or addicted to drugs, wearing brown tank top, light green shorts. He followed them to the arena. That’s where the boys last saw him.
Community member think he lives at 240 B Street, unknown apartment number. Complainant advised there is a group of people out looking for him and complainant believes it won’t be pretty if they find him..”
Police arrived on scene at 2017 hours and spoke to the complainant and both children. The children advised the male as described in the call details approached them at the park and said, “I know you guys.” They replied, “No you don’t.” He was hanging around the building situated in the park. R. and M. were near the skateboard ramp.
The male was making weird symbols with his hands and then said, “Can I rape you?” He then just loitered around the park, eventually leaving towards the arena. Complainant advised she does not believe anyone is looking for the male anymore and believe he may be homeless due to his appearance. Complainant believes the male may be Darren.
At 2118 hours police checked the area for a male matching the description, surrounding the park with negative results. A Niche query revealed a possible person of interest being a Derek Poulin who resides at 28-411 Black Lake Road. The male used to reside at 240 B Street and matched the provided description, approximately 30 years old, known to spend time in the bush and is medium build.
At 2126 hours police attended 411 Black Lake Road unit 28, knocked on the camper trailer which is situated near the trailer which had its lights on. Police knocked on the door. The door was answered by Derek Poulin. His ID was confirmed via Niche photo. Male wearing brown tank top and black shorts. Brown tank top matched the tank top described by the youths and wearing blue flip flops at the time. He had shaved head or short hair. The male denied being at the park initially and then said he was not on the skate ramp and then said, “I never talked to them.”
The male was cautioned prior to the conversation at 2128 hours by Cst. Wood. He advised they said they were calling the police but still insisted he never said anything to the youths but did admit to being at the park. At this time police were called off this call for a priority call. It is to be noted that Derek Poulin did admit under caution to be at the park and admitted that the children did call the police on him. He also was wearing the same brown tank top and matched the age description. Also, known to have lived at 240 B Street in Lively.
Derek Poulin did utter, “Can I rape you?” and thus grounds for Sec. 152 CC, Invitation to Sexual Touching under 16 years of age and Sec. 264(2) CC, Criminal Harassment, as his comments have caused the children to fear for their safety.
At 1953 hours police spoke to the original complainant, S.T., who advised she saw the male today with her child and they are absolutely sure it was the male. He was headed to what he believed to be his encampment behind the Alley Catz. They took a picture of him. Police did attend the victim’s address at 2042 hours and received a written statement from R.S. and M. G. which was written by S.T.
Police attended 411 Black Lake Road at 2141 hours at unit 28. Upon arrival the lights were on in the camper trailer parked in front of the trailer. Upon knocking on the door Derek Poulin did come and speak to police, advised he would like to deal with the charges now. He was arrested, double locked and press checked to the rear, read his rights to counsel at 2146 hours. He answered, “Yeah,” and he answered, “Do I need one?” Police suggested he did contact a lawyer.
At 2148 hours caution from notebook, he answered, “Yeah.”
His ID was confirmed via Niche digitized photo.
Background History
Mr. Poulin’s personal, legal, and psychiatric history is set out in detail in the hospital report. Briefly summarized, Mr. Poulin is currently 34 years of age and was born and raised in the Sudbury area. His mother continues to live in the Sudbury area and is currently his substitute decision maker for treatment decisions. Mr. Poulin was identified with special needs due to his low cognitive functioning throughout his schooling. He did not graduate from high school and has only been briefly employed. He has been receiving ODSP and had been living in an apartment in Sudbury through Developmental Services Ontario but was evicted from the apartment due to conflicts with neighbours and subsequent criminal charges.
Mr. Poulin had two prior admissions to hospital following incidents of aggression. His diagnosis is that of moderate intellectual disability. Mr. Poulin is described as having the functional capacity of an individual aged between 4 and 11 years. The hospital report suggests that he has little understanding of his current legal situation.
Evidence at the Hearing
The hospital’s evidence was presented through its report, dated September 5, 2025, and through the oral testimony of Dr. G. Munro, who was Mr. Poulin’s attending psychiatrist between September 2023 and October 2024 when Mr. Poulin was transferred to Maple Lodge, a non-forensic unit at the hospital which deals with dual diagnosis patients. Mr. Poulin’s care was taken over by Dr. Ken Boss and Dr. Munro continues to follow Mr. Poulin from a forensic perspective.
With respect to fitness to stand trial, Dr. Munro stated that she had assessed Mr. Poulin earlier that morning and as usual, Mr. Poulin was unable to answer any of the questions posed to him as part of the fitness test and would either answer “I don’t know” or “I can’t remember.” In the opinion of Dr. Munro, Mr. Poulin is unlikely to develop the capacity required to become fit to stand trial and he is likely permanently unfit.
Mr. Poulin participates in a number of activities supported through both the Maple Lodge and the Forensic Program. He does not typically like to engage in any of the group activities and instead does mostly one-to-one type activities and programs. Mr. Poulin has been engaged in a program to focus on developing social skills and dialectical behavioural therapy (“DBT”) to develop better distress tolerance. There is also a focus on developing his activities of daily living and emotional regulation, as well as other activities that focus on community integration. Mr. Poulin also has Passport funding through Developmental Services Ontario (“DSO”) to go out on activities in the community.
In terms of community placement, Mr. Poulin will require 24-hour supervised accommodation which is difficult to secure in the community. He is currently on a wait list for homes in the area, but the treatment team will also expand the search and look for homes in the Sudbury area which would enable Mr. Poulin to be closer to where his mother resides. Mr. Poulin wants to be discharged from the hospital and ideally would prefer to be closer to his mother.
Mr. Poulin’s mother also has an intellectual disability and does not drive, such that it is quite difficult for her to arrange transportation to North Bay to visit with her son.
In January 2025, Dr. Boss increased Mr. Poulin’s dose of Epival from 750 mg to 1000 mg as Mr. Poulin had been exhibiting an increase in angry behaviour. Mr. Poulin continued to experience episodes of agitation leading to a further increase in the dose at the end of January 2025, and the addition of a trial of the anti-depressant Zoloft. Recently, Sertraline has also been added to Mr. Poulin’s medication regimen and was increased to 50 mg on May 29, 2025.
The hospital report sets out a number of notable incidents over the past year which illustrate that Mr. Poulin can exhibit significant affect dysregulation when he does not get what he wants. He becomes agitated and can be aggressive and threatening. He will swear at staff and even throw objects. A recent such incident happened where Mr. Poulin’s mother had come to visit him and brought him a number of food items from the Food Bank which Mr. Poulin kept in his room despite some of the items requiring refrigeration. When staff sought to remove those items because they could not be kept in his room, Mr. Poulin was very distressed and became quite agitated and aggressive.
Dr. Munro explained that the Maple Lodge unit staff is skilled in dealing with these types of incidents which require de-escalation techniques. Typically, Mr. Poulin will be brought to his room and permitted to listen to music to help calm him but at times, he requires PRN medications or even brief periods of seclusion in a low stimulation environment. Dr. Munro confirmed that the staff at the Maple Lodge, though not a forensic unit, are able to manage these behaviours that are not uncommon for people with dual diagnoses.
Dr. Munro acknowledged that Mr. Poulin’s mother had been making plans for him to come to live with her; however, she was informed by the treatment team that this plan was not supported, and she has gradually come around to accept the fact that this will not happen. Dr. Munro explained that it is at times difficult to deal with Mr. Poulin’s mother due to her intellectual limitations and her limited understanding of the forensic mental health system.
Dr. Munro confirmed that community placement will ultimately require DSO approval when a bed becomes available. These beds are very difficult to secure due to limited turnover given that people typically remain in these beds for life.
The hospital’s Risk Assessment is set out at pages 26 and 27 of the Hospital Report and are summarized as follows:
Mr. Poulin is considered permanently unfit to stand trial. He exhibits a significant lack of understanding regarding his legal circumstances and the rationale for his hospitalization. Mr. Poulin does not grasp the seriousness of his previous threatening and harassing behaviours and fails to express remorse, particularly in relation to charges involving minors under the age of 16.
Currently, Mr. Poulin resides in a unit specifically designed for individuals with intellectual disabilities. He requires ongoing, consistent support to effectively manage his daily activities, self-care, and adherence to treatment protocols. He demonstrates a limited insight into his mental health condition and the necessity for treatment, struggling to comprehend his care plan. Additionally, Mr. Poulin has exhibited substantial anxiety and seeks constant validation from staff members. At times, he has difficulty accepting staff directives, often interpreting their guidance as a form of bullying. He has displayed aggressive behaviour, becoming easily irritable and angry towards both staff and fellow patients.
Although there has been a decrease in both the frequency and severity of aggressive incidents over the past year, this progress can be attributed to the multidisciplinary approach employed in Mr. Poulin’s care and the consistent application of his established behavioural care plan.
Mr. Poulin’s history of resistance to collaboration with service providers, substance abuse, non-adherence to medication, and a lack of personal support and stability are significant factors contributing to an elevated risk of future violent behaviour. The treatment team opines that if left unsupervised, Mr. Poulin would likely quickly discontinue his prescribed medication, resume substance use, and disengage from community support, potentially leading to behaviours reminiscent of those exhibited during his index offence.
Consequently, the treatment team has reached a unanimous conclusion that Mr. Poulin continues to pose a considerable threat to public safety. The treatment team maintains that Mr. Poulin requires long-term rehabilitation and risk management, necessitating 24-hour support. Efforts to secure appropriate accommodations for his personal needs and risk management are still ongoing.
Therefore, to ensure the safe management of Mr. Poulin, the hospital recommends that the Ontario Review Board maintain his current detention order without alterations for the forthcoming reporting period.
- No other evidence was presented.
Submissions of the Parties
- The parties maintained their initial joint position regarding fitness to stand trial as well as with the maintenance of the current disposition.
Analysis and Conclusion
The Board is in full agreement with Dr. Munro’s opinion that Mr. Poulin remains unfit to stand trial. The evidence establishes that Mr. Poulin is unable to meaningfully participate in his defence because he is unable to make “reality-based decisions” regarding the conduct of his defence. Furthermore, his moderate intellectual disability renders him unable to “intelligibly communicate” those decisions to counsel or the Court. (see R. v. Bharwani, 2025 SCC 26, para. 77). In the opinion of Dr. Munro, Mr. Poulin is likely permanently unfit due to his intellectual disability.
Mr. Poulin currently resides in a hospital unit (Maple Lodge) that is specifically designed for individuals with intellectual disabilities. He requires ongoing, consistent support to effectively manage him on a daily basis.
The evidence of the hospital is that Mr. Poulin continues to exhibit verbally and physically aggressive behaviour from time to time, both towards staff and other patients. Since being at the Maple Lodge Unit, the frequency and the severity of aggressive incidents have decreased, and this is no doubt attributable to the expertise of staff on this unit and the multidisciplinary approach to the care of their patients.
Community placement for individuals such as Mr. Poulin continues to be difficult and challenging, given the limited resources and the fact that these beds are typically occupied for the long term. The hospital continues to look for a suitable placement that might bring Mr. Poulin closer to his mother in Sudbury.
Having considered the four factors as set out in s. 672.54 of the Criminal Code, namely the protection of the public which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs, the Board finds that the current detention order, on the same terms and conditions, remains the necessary and appropriate, least onerous and least restrictive disposition in all of the circumstances.
DATED this 24th day of November 2025, at the City of Toronto, in the Region of Toronto.
Ms. Michèle Labrosse Alternate Chairperson
Office of the Registrar Ontario Review Board