Re Daniel James McDonald, 2025 CanLII 126062

Ontario Review Board

Re: Daniel James McDonald

ORB File No: 8823

Hearing held on: Friday, November 14, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Section 672.82(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. L. Silver Members: Dr. S. Lessard Dr. T. Stirpe Mr. C. Flanagan Ms. B. Naegele

Parties Appearing:

Accused: Daniel J. McDonald Counsel: Mr. M. Schloss

The person in charge of hospital: Counsel: Ms. A. Marshall

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated December 3, 2025)

Introduction

1. On May 30, 2023, Mr. McDonald was found not criminally responsible (“NCR”) on charges of assault of a peace officer, disarming a peace officer and break and enter with intent, contrary to the Criminal Code of Canada.

2. Following the NCR finding, on June 26, 2023, the British Columbia Review Board (“BCRB”) convened an initial hearing to render a disposition. The Board ordered that Mr. McDonald be detained in the Forensic Psychiatric Hospital, Coquitlam, B.C.

3. On June 26, 2023, and June 26, 2024, the BCRB recommended that Mr. McDonald be transferred to the Province of Ontario. On April 12, 2024, the British Columbia Attorney General consented to the transfer, and on June 18, 2024, the Ontario General provided consent to Mr. McDonald’s transfer to Ontario.

4. On April 29, 2025, a Transfer Warrant was issued by the Ministry of the Attorney General for British Columbia, directing that the medical director of the Forensic Psychiatric Hospital in Port Coquitlam transfer Mr. McDonald to Ontario Shores.

5. On June 17, 2025, the British Columbia Review Board convened for the annual review of Mr. McDonald’s Disposition. Mr. McDonald was subsequently transferred to the General Forensic Psychiatric Rehabilitation Unit (FPRU) at Ontario Shores Centre for Mental Health Sciences on July 10, 2025.

6. On November 14, 2025, the Ontario Review Board convened at Ontario Shores pursuant to s. 672.81(2) of the Criminal Code to conduct a hearing in Ontario and render a disposition. Mr. McDonald appeared in person and was assisted by counsel, Mr. M. Schloss.

7. The issues for the Board’s consideration are whether Mr. McDonald represents a significant threat to public safety and, if so, to determine the necessary and appropriate disposition based on the consideration of the four factors in 672.54 of the Criminal Code.

Initial Position of the Parties

8. Ms. A. Marshall, counsel on behalf of the hospital, and Ms. N. MacDonald, appearing for the Attorney General, submitted that Mr. McDonald represents a significant threat to public safety. Together, they recommended that a Detention Order be issued to manage the risks he presents and that he be detained at Ontario Shores. Ms. Marshall submitted that she was requesting only two small changes to last year’s terms and conditions; that his accompanied and indirect passes to the community be increased from 12 to 72 hours, and that a clause to allow indirect passes for up to seven days for the purposes of facilitating his discharge planning should also be included.

9. Ms. MacDonald, on behalf of the Crown, supported both requested changes but wanted to hear the doctor’s evidence.

10. On behalf of Mr. McDonald, Mr. Schloss indicated he was in agreement with the hospital’s position.

11. On completion of the hearing and for the reasons set out below, the Board found that Mr. McDonald presents a significant threat to the safety of the public. The Board further determined that a Detention Order was the most appropriate disposition.

Current Diagnoses

12. Schizophrenia

Substance Use Disorders (alcohol, cannabis, stimulants (cocaine, crystal methamphetamine), Opioids (heroin, suboxone)); in sustained remission in a controlled environment.)

Substance-Induced Psychosis

Bulimia Nervosa (during adolescence)

Index Offence

13. The following was obtained from the British Columbia Review Board Decision for Disposition dated June 26, 2023:

“The accused is before the Board as a result of a verdict of not criminally responsible on account of mental disorder (NCRMD) dated May 30, 2023 on one count of assault of a peace officer, one count of disarming a peace officer and one count of break and enter with intent. The first index offence of breaking and entering occurred on January 24, 2022, when the accused broke into a residence in Penticton, was confronted by the owner and fled on foot. He was not wearing shoes or a coat despite the time of year. He was arrested nearby by RCMP members and taken to the local police detachment, where he was subsequently released on an undertaking.

The second set of index offences took place on June 26, 2022, when the accused, while in a psychotic state, attempted to disarm an RCMP officer who was escorting him back to his cell after a bail hearing related to an arrest for outstanding warrants. A fight ensued and the accused punched the female police officer in the facial area several times. It took multiple police officers to gain control of him. The police officer suffered significant bruising to her eye and face.”

Personal Background (According to the Hospital Report)

14. Information regarding Mr. McDonald’s personal and developmental history was obtained from the B.C. Mental Health and Substance Use Services Annual Hospital Report to the British Columbia Review Board dated May 27, 2025, authored by Dr. Z. Selaman.

15. Mr. McDonald was described as a healthy child. His parents divorced in 2014, and he primarily lived with his mother in Toronto while maintaining some contact with his father in Hamilton. He has a brother with whom he has limited contact and lost connection with both parents for much of 2022. There was no family history of mental illness, though a maternal uncle died of a drug overdose in 2010.

16. He began post-secondary studies at Brock University in 2011 but withdrew after 18 months. He later completed an advanced diploma, a bachelor’s degree, and an associate degree in business administration. He went on to hold several positions, including compliance analyst, financial planning specialist, and multiple roles at TD Bank. While living in Penticton, he briefly worked at CIBC but lost his position due to taking a medical leave.

17. Mr. McDonald’s longest intimate relationship lasted approximately two and a half years; he has no children. He lived in Toronto and Hamilton before relocating to Penticton in 2021. At the time of the index offence, he was unemployed.

Previous Psychiatric History

18. Mr. McDonald reported no significant medical issues apart from a concussion sustained in eighth grade. His psychiatric history began in adolescence, with treatment for bulimia nervosa at CAMH.

19. In November 2019, Mr. McDonald presented with auditory hallucinations, commanding self-harm while using cannabis and cocaine and was diagnosed with cannabis induced psychosis. He was followed by Dr. Baici until 2020, and was stabilized but discontinued his antipsychotic medication.

20. Between September and December 2020, Mr. McDonald experienced multiple psychiatric hospitalizations in Ontario for severe psychotic and disorganized behaviour, including a suicide attempt and bizarre actions such as burning diplomas and threatening others. He exhibited grandiose and persecutory delusions, believing he was a Freemason, that a chip was being planted in his brain, and that he was being controlled by God. His condition required seclusion, and he briefly eloped from the hospital, triggering a fire alarm and prompting police involvement.

21. In June 2021, he was admitted to Penticton Regional Hospital, B.C., with cannabis related psychosis and started on long-acting Aripiprazole injections. He was discharged on extended leave under the B.C. Mental Health Act with a diagnosis of unspecified psychotic disorder (possibly cannabis induced or schizophrenia) and maintained regular follow-up with good medication compliance. Occasional emergency visits in 2021 were related to hallucinations following cannabis use, but there were no sustained relapses.

22. In 2022, Mr. McDonald presented to the hospital for a hand infection but left against medical advice. While homeless in March 2022, he reported suicidal ideation to access admission, and in April 2022, he returned with frostbite injuries to his feet.

Substance Use History

23. According to the Hospital Report to the British Columbia Review Board dated May 27, 2025, authored by Dr. Selaman, Mr. McDonald reported that he began using cannabis at age 18 and experienced auditory hallucinations while under its influence. He reported regular alcohol use in his late teens and early 20s, including blackout episodes, and began using cocaine at age 21 in Toronto. After moving to Penticton, B.C., his substance use escalated to daily use of cocaine, crystal methamphetamine, heroin, alcohol, and cannabis. While in pre-trial custody (2022 to 2023), he reportedly used suboxone, which had been diverted by other inmates. In January 2023, he used methamphetamine brought in by another patient during his psychiatric admission.

24. Prior to his NCR finding, Mr. McDonald was not engaged in any structured treatment for substance abuse, aside from occasional phone counselling. His substance use in Penticton led to multiple accidental opioid overdoses requiring naloxone intervention.

Previous Court Involvement

25. On February 20, 2021, Mr. McDonald entered a residence through an unlocked door, pushed one of the occupants and threatened to stab them. The occupants used pepper spray to remove him. He was later found hiding in a nearby shack but was not arrested.

26. Mr. McDonald was also charged with breaches of undertaking on April 15 and April 19, 2022.

27. On January 20, 2023, he was observed at Starbucks yelling at a customer, claiming to be an FBI agent, and pointing at a constable, stating that he was going to shoot them. He was uncooperative with police, taken to Penticton Regional Hospital and continued making delusional statements and threats while in custody.

Course Subsequent to Index Offence

28. Following his arrest, Mr. McDonald was detained at Okanagan Correctional Centre (OCC) and placed in segregation. There was a reference to a suicide attempt, using a plastic fork, in July 2022. He was admitted to Penticton Regional Hospital from January 20 to 30, 2023, after causing a disturbance. During this admission, he used methamphetamine brought in by another patient and engaged in sexual activity with a co-patient. Dr. Drew-Scott diagnosed likely schizophrenia, possibly originating as substance-induced psychosis, and initiated long-acting Aripiprazole treatment.

29. Mr. McDonald was admitted to the Forensic Psychiatric Hospital (FPH) for fitness to stand trial between February 15-21, 2023, and found fit. He returned from April 3 to April 30, 2023, for an assessment of criminal responsibility. During this period, he displayed agitation, delusional beliefs, and intermittent aggression towards staff, requiring seclusion and medication adjustments. His condition stabilized on a regimen that included aripiprazole, zuclopenthixol, valproic acid and olanzapine. On May 30, 2023, he was found not criminally responsible and ordered detained at FPH pending Review Board proceedings.

30. In April 2024, he was transferred to a medium secure unit, remaining psychiatrically stable, abstinent from substances, and motivated for long-term sobriety. He maintained close contact with his parents in Ontario. Dr. Green concluded that while he had made significant progress, continued detention was required for treatment and public safety, with expanded escorted and unescorted community privileges.

31. Between June 17, 2024 and May 27, 2025, Mr. McDonald remained on the Elm South Unit, where clozapine was optimized, and aripiprazole was gradually reduced. He remained stable, engaged in treatment programs including MATRIX for substance use and illness management and recovery, and participated in vocational and therapeutic activities. He began using community privileges, attending church and local parks appropriately and continued to express religious interest without evidence of delusional preoccupation. Plans for eventual transfer to Ontario were supported by his family.

Recent Course at Ontario Shores (per the Hospital Report)

32. Mr. McDonald was transferred from the Forensic Psychiatric Hospital in British Columbia to Ontario Shores on July 10, 2025, where he was admitted to the Forensic Psychiatric Rehabilitation Unit (FPRU). This transition was smooth and without incident. He reconnected with his parents, interacted appropriately with select co-patients, adhered to his medication regimen, and made appropriate use of his community passes. There were no concerns regarding substance use, aggression, or behavioural incidents.

33. Clinically, Mr. McDonald presented with mild residual psychotic features, such as occasional signs of responding to internal stimuli and brief episodes of unusual behaviour. He demonstrated only partial insight, acknowledging a diagnosis of schizoaffective disorder but largely attributing it to past substance use. He struggled to identify the risks associated with medication discontinuation, typically deferring to clinical judgment.

34. Mr. McDonald engaged cooperatively in therapeutic programming and demonstrated good attendance. Regarding his index offences, he maintained that his actions occurred while severely intoxicated and expressed regret, stating that in hindsight he “wouldn’t do drugs.”

35. Overall, Mr. McDonald remained stable, abstinent, and well-behaved in the hospital. However, his limited insight into his mental illness and the risk of relapse if medication adherence were not maintained raised ongoing concerns.

Current Violent Risk Assessment

36. A discussion of Mr. McDonald’s risk is outlined on pages 16 to 17 of the Hospital Report. According to the report, Mr. McDonald currently presents with a high risk of violence, primarily driven by the following factors:

• a history of violence;
• presence of major mental illness, specifically schizophrenia, which has directly contributed to violent behaviour when unwell;
• a severe history of substance abuse;
• partial insight into his mental illness.

37. Given these risk factors, the clinical team unanimously concluded that Mr. McDonald continues to pose a significant risk to public safety. A Detention Order and structured community living privileges remain necessary to ensure ongoing psychiatric treatment, rehabilitation, and gradual reintegration into the community.

Evidence at the Hearing

38. The Board also received direct testimony from the current attending physician, Dr. Wong, a staff member with the Forensic Treatment Unit of BMHC. Dr. Wong is Mr. McDonald’s primary physician and adopted the contents of the hospital report.

39. Mr. McDonald only recently arrived at Ontario Shores. He is progressing well, exercising his indirect passes appropriately, and has completed several programs, including the concurrent disorders groups and addiction counselling.

40. Mr. McDonald’s medication has been adjusted since his arrival at Ontario Shores in an effort to reduce the pharmacologic load and monitor his functioning with less medication. His Zuclopenthixol has been discontinued, and he has adjusted to this change well, with no re-emergence of concerning symptoms.

41. Mr. McDonald is unfailingly deferential, polite, and accepts the team’s recommendations. However, although he is compliant with his medication, his insight is partial. His motivation is externally rather than internally driven. He has difficulty identifying or recalling his ongoing mental health symptoms. He attributes the index offence largely to his substance use and continues to have questions regarding his underlying illness.

42. He experiences residual and sporadic symptoms of his illness, but they are not interfering with his day-to-day functioning or impacting his risk.

43. He has abstained from substance use, even though it is quite likely drug-sellers have approached him while on hospital grounds, which is commendable.

44. His assessment for housing is pending, but it is anticipated that he will not require 24/7 supervision, as he was high functioning before the index offence and remains high functioning in the hospital. This may open up a wider range of housing options

45. Although he would like to live with his mother, she resides in Toronto, outside the Ontario Shores catchment area. Accordingly, the plan is to discharge him within the Ontario Shores catchment area and, when appropriate, transfer him to outpatient care at CAMH, given the lengthy inpatient waiting list at CAMH. Dr. Wong was cautiously optimistic that he might be discharged this year, though realistically, it may take longer.

46. On the morning of the hearing, Mr. McDonald provided consent for the team to discuss his mother becoming an approved person.

47. Although he is doing well, it is still early, and a conditional discharge would be premature. Transitioning to the community could be destabilizing, and the Hospital needs to retain the authority to bring him back, as the Mental Health Act would be insufficient for that purpose.

48. The request to increase his passes to 72 hours is to facilitate weekend visits with his family in Toronto. Although some duplication may occur, the purpose of the 7-day unsupervised passes is to support discharge planning. If both clauses are not included, administrative difficulties arise.

Final Submissions of the Parties

49. The Board was presented with a joint submission from all parties. The hospital and Crown submitted that Mr. McDonald presents a significant threat to public safety and that a Detention Order is necessary to manage his risk. Mr. Schloss did not contest significant threat and agreed with the hospital’s recommendation for a Detention Order.

50. All parties also agreed to the proposed changes by the hospital to the terms and conditions of the Detention Order, to increase Mr. McDonald’s passes from 12 to 72 hours of accompanied and indirect access to the community. In addition, there was no dispute regarding the request to add a clause permitting indirectly supervised passes for up to seven days for the sole purpose of facilitating discharge.

Conclusion and Disposition

51. After carefully considering the evidence and submissions, including the clinical assessments and testimony from Dr. Wong, the Board finds that Mr. McDonald continues to pose a significant threat to public safety as a result of his mental disorder.

52. Positive factors mitigating Mr. McDonald’s risk include his adherence to prescribed medication, abstinence from substance use from at least June 2024, active engagement in structured programming, and strong personal support from his family in Ontario.

53. However, several critical factors contribute to his ongoing risk. Mr. McDonald has a documented history of violent behaviour, including assaults and confrontational incidents in both community and hospital settings. He suffers from a major mental illness, diagnosed with schizophrenia, which has directly contributed to the index offence. His long-standing history of severe substance use, including cocaine, methamphetamine, heroin and cannabis, has previously exacerbated psychotic symptoms and increased his risk for violent actions. Furthermore, Mr. McDonald demonstrates only partial insight into his mental illness, often attributing his past symptoms and behaviours primarily to substance use. Although he is adherent to medication, his motivation appears to be externally rather than internally driven.

54. In light of these factors, the Board concludes that a Detention Order remains necessary to ensure that Mr. McDonald continues to receive appropriate psychiatric treatment, rehabilitation, and structured reintegration into the community. Any reintegration must occur within a carefully supervised and structured framework, including a community-living clause, to mitigate ongoing risk and support safe engagement with the public.

55. Accordingly, pursuant to section 672.54 of the Criminal Code of Canada, the Board orders that Mr. McDonald remain detained in hospital under the jurisdiction of the Ontario Review Board, in accordance with the terms and conditions recommended in the hospital report, with the modification allowing for up to 72 hours of unsupervised access to the community, primarily so that he may visit his mother in Toronto on weekends, as well as 7 days of unsupervised passes for the purpose of discharge planning.

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

Ms. L. Silver Alternate Chairperson

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Office of the Registrar Ontario Review Board