Re Connor G. Kennedy, 2025 CanLII 126056

Re: Connor G. Kennedy

ORB File No: 7184

Hearing held on: Wednesday, November 5, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

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

Before:

Alternate Chairperson: Mr. G. Beasley

Members: Dr. J. Ferencz Dr. G. Stones Mr. D. Sandor Ms. M. McKinnon

Parties Appearing:

Accused: Connor G. Kennedy Counsel: Ms. C. Whillier

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Mr. D. Rows

REASONS FOR DISPOSITION

(Dated December 3, 2025)

Introduction

1. On July 26, 2017, the accused, Connor Kennedy, was found not criminally responsible on account of mental disorder on charges of possession of a weapon for a dangerous purpose, possession of break-in instruments, breaking and entering and attempting to commit an indictable offence, all contrary to the Criminal Code of Canada. By reason of a Disposition of the Ontario Review Board (“ORB”), dated November 19, 2024, Mr. Kennedy was ordered to be detained at the Southwest Centre for Forensic Mental Health Care (“Southwest Centre”), St. Joseph's Health Care London. The Disposition contained privileges up to and including residing in the community of Elgin and Middlesex Counties in supervised accommodation approved by the person in charge.

2. On November 5, 2025, the ORB convened a hearing at the Southwest Centre for the purpose of the annual review of Mr. Kennedy's Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Kennedy was in attendance at the hearing and represented by counsel, Ms. Whillier. Ms. Zamprogna appeared as counsel for the hospital and Mr. Rows as counsel for the Attorney General of Ontario.

Circumstances of the Index Offences

3. The circumstances of the index offences are taken from the Hospital Report as follows:

“On May 24, 2017, at 03:07 A.M., Sarnia Police were dispatched to M[…] Street North in the city of Sarnia In regard to an attempt break and enter. Someone was attempting to get into the complainant's residence.

Upon arrival, officers heard a noise around the north side of the residence. Upon turning the corner, Connor KENNEDY born May 13, 1996, was attempting to break into a basement window. When KENNEDY stood up, he had a knife in his right hand with a blade approximately 8-10 inches in length. In his left hand he had another knife with a blade approximately3-4 inches in length.

Constable Jeff SIMM #169 drew his firearm commanding KENNEDY to drop the knives. At that time KENNEDY had to squat down and untie the knives from his wrists as they had been fastened to him by shoelaces. KENNEDY put the knives down and listened to commands and was arrested at that time for attempted break and enter and weapons dangerous. Officers also observed that KENNEDY also had a screwdriver in his possession at that time that he had been using as a break in instrument.

KENNEDY was read his right to counsel and caution and stated that he understood and wished to speak to his lawyer Jamie GUGGISBERG. KENNEDY was then placed into a police cruiser.

A witness, Xolani HLABANGANA, then advised that KENNEDY had gained entry to a unit at M[…] Street North.

Constable SIMM #169 attended that unit where he found that the bathroom cabinet had been pushed over where it appeared that KENNEDY had gained entry through the window. Once in that apartment, KENNEDY threw two 1 x 1 glass pictures down a flight to stairs smashing them.

Constable SIMM #169 later advised KENNEDY of the additional charge of break enter and commit mischief which he understood.

Seized from KENNEDY were; one large knife with an 8 - 10-inch blade, a Leatherman knife with an approximately 3 - 4 inch blade and a screwdriver. All items were placed into property.”

Criminal Record

4. According to the Hospital Report, Mr. Kennedy had one prior conviction on December 1, 2017, for assault. He was fined $100 and placed on probation for six months.

Background and Personal History

5. The details of Mr. Kennedy's background and personal history are set out in the Hospital Report which was filed as an exhibit at the hearing. By way of summary, Mr. Kennedy was born in London, Ontario and grew up in Sarnia. His parents separated when he was two years old and he lived with his mother until she committed suicide when he was eight years old. He then lived with his father until he was approximately 15. Mr. Kennedy indicated that he had no siblings but due to his father relationships with other partners, he had multiple step siblings. The Children's Aid Society were involved with Mr. Kennedy after there were reports of sexual abuse when he was about 10 years old. In his self-report, Mr. Kennedy stated that he was happy as a child and that his childhood was “fine.” Mr. Kennedy stated that he was a good student during his time in public school and was popular, with a number of friends. He reports that he did well in high school until he was in grade 12 when “he got schizophrenia”. He did not graduate from secondary school. Mr. Kennedy reports that he has never been employed on a full-time basis. During school he had a number of part-time jobs in order to accumulate community service hours. He has been supported primarily by Ontario Works and Ontario Disability Support Program. Mr. Kennedy reports one romantic relationship which lasted approximately six months.

Psychiatric History

6. Mr. Kennedy’s current diagnoses are Schizophrenia (with a mood component), Substance Use Disorder (in early remission), and Antisocial Personality Disorder. As set out in the Hospital Report, Mr. Kennedy has a long history of involvement of treatment for his mental illness which began when he was about 16 years of age. He has had numerous admissions to Bluewater Health in Sarnia. The initial diagnosis was of a substance induced psychotic disorder. The full details of his admissions are in the Hospital Report as described by Dr. Komer in his fitness assessment for the Ontario Court of Justice in July 2017.

Substance Use

7. As outlined in detail in the Hospital Report, Mr. Kennedy acknowledges a history of substance abuse. He claims to have started smoking cannabis when he was eight or nine years old as a result of the influence of older step siblings. He also admits the use of MDMA, cocaine, crack, crystal methamphetamine, and Ritalin. Mr. Kennedy stated that alcohol “is not a big problem.”

Position of the Parties

8. At the outset of the hearing, Ms. Zamprogna submitted that in the opinion of the treatment team Mr. Kennedy continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition continues to be a detention order. Ms. Zamprogna submitted there should be a number of minor changes to the terms of the Disposition to permit Mr. Kennedy to travel indirectly supervised to visit his father in Sarnia. Both Mr. Rows and Ms. Whillier supported the recommendation of the hospital.

Evidence

9. Mr. Kennedy’s current diagnoses include the following:

Schizophrenia (with a mood component)

Substance Use Disorder (in early remission)

Antisocial Personality Disorder.

10. The evidence on behalf of the hospital was presented by Dr. Quinn. Dr. Quinn is the author of the Hospital Report which was entered as an exhibit. He confirmed that over the past several years Mr. Kennedy has had seven readmissions to the hospital. These have been both on a voluntary basis and on the exercising of the Warrant of Committal. The most recent readmission commenced in November of 2024. Dr. Quinn stated that there has been a “silver lining” to the recent readmissions. Earlier the team needed to exercise the Warrant of Committal due to breaches of the Disposition or abscondments from the group home. Most recently, the readmission has been at Mr. Kennedy's request. Dr. Quinn stated that in November 2024, Mr. Kennedy expressed significant paranoia about his roommate at the group home where he was residing. As a result, he was readmitted into the treatment unit.

11. In January of this year, Mr. Kennedy was started on the antipsychotic medication clozapine. In Dr. Quinn's words, this has led to a “rapid and remarkable improvement in his mental status.” Mr. Kennedy is now calm and cooperative and participating in group programs at the hospital. As a result he has been transferred back to the rehabilitation unit. When asked about insight, Dr. Quinn stated that it is improved. Mr. Kennedy admits that the index offence was a result of paranoia arising from the use of crystal methamphetamine. He now acknowledges that the antipsychotic medications he receives are helpful. Dr. Quinn stated that he believes Mr. Kennedy's improved insight is real but still needs development. He also noted that this improvement has not been tested outside of the hospital setting. With respect to medications, Dr. Quinn said that the clozapine has now been optimized. Mr. Kennedy is also receiving medication to improve his energy levels, which have been depleted as a result of the effects of clozapine.

12. Dr. Quinn testified that Mr. Kennedy acknowledges that he still hears voices but now has insight into them being a result of his illness. His mood has improved, and he is not as sad and hopeless as he was earlier about his future prospects. Mr. Kennedy requires supervision to ensure adherence to his medication regimen. Mr. Kennedy is being assessed for DSO status. The cognitive assessment in support of the application has been completed and now the adaptive functioning assessment is in progress. Mr. Kennedy had a positive substance test in January of 2025 but has been abstinent since that date. The positive result came at a time when Mr. Kennedy was on the treatment unit and in the ward milieu. It resulted in a noted impact on his mental status with signs of the development of psychosis. Mr. Kennedy now has insight into the result of substance use and he has been participating in substance use programs.

13. Dr. Quinn adopted the risk assessment set out in the Hospital Report. In his opinion Mr. Kennedy represents a low to moderate risk under the terms of a detention order. Without a detention order his risk to the safety of the public would be high. In terms of privileges, Mr. Kennedy has had some passes into the community with his aunt, and these have gone well.

14. When asked about the purpose of the 36-hour indirectly supervised passes to the community, Dr. Quinn stated that it is ultimately to allow Mr. Kennedy to have overnight visits with his father in the Sarnia area. He also would like to visit a cousin in London. At the present time Mr. Kennedy's father is not an approved person. Mr. Kennedy does not have any professional support in the community. He has been placed on a waitlist for CMHA housing. The team are hoping that Mr. Kennedy will be accepted into a group home in the Strathroy area where it is possible that he could have a private room. Dr. Quinn said that in his opinion the treatment team must have the ability to approve Mr. Kennedy's accommodation in order to ensure that there is adequate supervision, and support for medication adherence. In the event of a decompensation, the treatment team requires the authority of the Warrant of Committal to return Mr. Kennedy to hospital as has happened a number of times in the past several years.

15. Mr. Rows did not have any questions for Dr. Quinn.

16. Ms. Whillier asked Dr. Quinn about the psychological assessment needed for the purposes of the DSO application. Dr. Quinn stated that if Mr. Kennedy is accepted into the DSO program, then it will make additional funding available to him for support in the community through the Passport program.

17. In response to questions from a member of the panel, Dr. Quinn acknowledged that the medication Modafinil was selected to provide Mr. Kennedy with additional energy. It is not considered to be a traditional stimulant, but the team are aware that there are possibilities for abuse. Dr. Quinn said that this was considered to be the least risky option available to the treatment team.

18. Neither Mr. Rose nor Ms. Whillier called evidence at the hearing.

Submissions

19. At the conclusion of the evidence all counsel reiterated the joint submission made at the outset that the necessary and appropriate disposition is the continuation of the current Detention Order with amendments to the privileges.

Analysis and Disposition

20. The Board is unanimous in accepting the joint submission of the parties both as to the finding of significant threat and that the necessary and appropriate disposition is a Detention Order. Over the past two years Mr. Kennedy has had seven readmissions to hospital. The most recent occurred in November 2024 when shortly after his annual hearing, Mr. Kennedy requested an admission to hospital due to significant emotional distress and escalating stressors at his group home. He expressed heightened paranoia and emotional instability. He was noted to be responding to unseen stimuli, laughing to himself, gesturing, and presenting as irritable but directable. During the early days of this readmission Mr. Kennedy refused his long-acting injection. His increasing paranoia resulted in him assaulting a member of staff. As a result, Mr. Kennedy was placed into seclusion. Since that readmission, Mr. Kennedy has accepted treatment with the antipsychotic clozapine. In the words of Dr. Quinn, the improvement in his mental status has been “rapid and remarkable.” Mr. Kennedy is now calm and cooperative, participating in programs and has developed real insight into his major mental illness and his need for medications.

21. The Board takes note of Dr. Quinn's evidence that all of these gains have been made within the support and structure of the hospital. The Board accepts Dr. Quinn’s evidence that without the support and structure of the hospital or a supervised group home setting, Mr. Kennedy would likely become non-adherent with medication and treatment, leading to a decline in his mental status, and increase in hallucinations and delusional thinking. It is likely that he would relapse into substance use as a coping strategy further exacerbating his psychotic symptoms. Ultimately, his behaviour would likely return to that exhibited at the time of the index offences. On the basis of this evidence, the Board has no difficulty in finding that Mr. Kennedy continues to represent a significant threat to the safety of the public.

22. The Board is unanimous in accepting that the recommendation for a continuation of the Detention Order with amendments as the necessary and appropriate disposition. Clearly Mr. Kennedy has struggled in the past when he has been discharged to reside in the community. With his acceptance of treatment with clozapine and the corresponding significant improvement in his mental status, it is hoped that Mr. Kennedy will find more success if he is transitioned back to the community during the upcoming reporting year. It is hoped that the treatment team are able to find a secure and supportive residence for Mr. Kennedy which will allow him to have a single room. In the absence of any existing community-based psychiatric supports, Mr. Kennedy requires the provision and supportive structure of a residence approved by the treatment team.

DATED this 3rd day of December 2025, at the City of Toronto, in the Region of Toronto.

Mr. G. Beasley Alternate Chairperson

Office of the Registrar Ontario Review Board