Ontario Review Board
Re: Jeffery Varey
ORB File No: 6211
Hearing held on: Friday, November 14, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(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: Jeffery Varey Counsel: Mr. S.F. Gehl
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 October 2, 2012, Jeffery Varey was found not criminally responsible (“NCR”) on account of mental disorder on a charge of aggravated assault, contrary to the Criminal Code of Canada.
[2]. Since that time, Mr. Varey has been subject to dispositions of the Ontario Review Board (“ORB”), most recently a Disposition dated December 3, 2024, which orders a discharge on certain terms and conditions.
[3]. On November 14, 2025, a panel of the ORB convened at Ontario Shores to hold a hearing to review Mr. Varey’s existing Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Varey was present and represented by counsel, Mr. Stephen Gehl. Mr. Varey’s girlfriend and father were also in attendance at the hearing.
[4]. The issues for the Board to decide at this hearing were whether Mr. Varey is a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition based on a consideration of the four factors in s. 672.54 of the Criminal Code.
[5]. For the reasons set out below, the Board concluded that Mr. Varey no longer poses a significant threat to public safety and that an Absolute Discharge is the appropriate disposition.
Index Offence
[6]. The circumstances giving rise to the index offence are summarized in the Hospital Report to the ORB (the “Hospital Report”) as follows:
“The accused, Jeffery Varey, resides by himself in Waterloo at a residence situated at a Waterloo Regional Homes for Mental Health location. Mr. Varey's acquaintance, Mr. Christian Webster, had been staying as a guest at Mr. Varey's residence for approximately a week. On August 7, 2012, shortly after midnight, Mr. Varey grabbed a meat cleaver from his kitchen and approached Mr. Webster who was attempting to sleep on the couch. Mr. Varey began to strike Mr. Webster with the cleaver, causing it to break. Mr. Varey then climbed on top of Mr. Webster and started to strike him with his fists and continued the attack by trying to gouge Mr. Webster's eyes out of their sockets with his fingers, Mr. Varey eventually stopped the attack and asked Mr. Webster if he wished to live or die. Mr. Webster indicated that he wished to live and so Mr. Varey telephoned the police indicating that he had stabbed a friend and needed police and an ambulance. The attack lasted approximately 30 minutes. Mr. Webster sustained extensive injuries including, several cuts and lacerations on his back, neck, arms, hand, and head as well as heavy bruising to his left eye. Mr. Varey was arrested at the scene without incident.”
Position of the Parties
[7]. At the commencement of the hearing, all parties were canvassed as to their initial positions. Ms. Marshall, the hospital’s counsel, submitted that Mr. Varey no longer poses a significant threat to public safety and was entitled to an Absolute Discharge.
[8]. Counsel for the Crown supported the hospital’s recommendation.
[9]. Counsel for Mr. Varey also stated that he was supportive of the hospital’s recommendation.
[10]. All parties maintained their joint recommendation in closing submissions.
Personal Background
[11]. Mr. Varey is a 43-year-old man from Guelph, Ontario. He is unmarried and has no children. His parents separated when he was four, after which he lived with his mother. He has a younger sister in Kitchener, but they are not close. When Mr. Varey was eight, his mother remarried, and he gained two stepsisters and a stepbrother; however, he remains distant from his stepfamily. There is a family history of mental illness on his mother’s side. According to the Hospital Report, Mr. Varey’s father had substance abuse problems, was a convicted pedophile, and served time in prison.
[12]. Mr. Varey completed grade 12 and worked in manufacturing and food services before receiving long-term support from CPP and ODSP. He left home at 19 and later lived in an apartment managed by Waterloo Regional Homes for about 18 months prior to the index offences.
[13]. Mr. Varey has a long history of polysubstance abuse. He began drinking alcohol in high school and started using marijuana at 17, progressing to heavy daily use between ages 25 and 27. From ages 17 to 22, he also used cocaine, ecstasy, mushrooms, methamphetamine, oxycodone, fentanyl, and ketamine, though never intravenously. He reported experiencing “schizophrenic attacks” after smoking large amounts of marijuana. On the day of the index offences, he had not used marijuana but had smoked the day before and was not taking his prescribed antipsychotic medication.
[14]. Although Mr. Varey has no formal criminal record, he participated in petty theft and break-and-enter at age 19, serving as the driver. At 17, he received two speeding tickets, one for driving 140 kilometres per hour and another for 150 kilometres in 80 kilometre per hour zones.
[15]. Mr. Varey’s psychiatric history dates back to 2004, when he first showed symptoms of mental illness around age 22, including auditory hallucinations and receiving “messages” from media sources.
[16]. He has had approximately nine psychiatric hospitalizations between 2004 and 2010 for psychotic and schizoaffective symptoms, often related to medication noncompliance. From 2011 until the index offence, he had been under the care of Dr. D’Souza, diagnosed with a psychotic disorder and/or schizoaffective disorder, and was treated with antipsychotic medication for roughly eight years prior to the index offence.
Current Diagnoses:
[17]. Mr. Varey’s current diagnoses are: Schizophrenia; Cannabis Use Disorder, Mild; Alcohol Use Disorder, Mild; Gambling Disorder; and Other Specified Personality Disorder, Antisocial Traits.
Evidence from the Hospital Report and at the Hearing
[18]. The panel received both the Hospital Report and the viva voce testimony of Dr. Andrew Wang, Mr. Varey’s attending forensic psychiatrist. Dr. Wang confirmed that he adopted the contents of the Hospital Report in full.
[19]. According to the Hospital Report, over the past year, Mr. Varey has continued to reside independently in a subsidized CMHA apartment unit, supported by both the Canadian Mental Health Association (CMHA) and Forensic Outpatient Services (FOS). As of September 2025, his CMHA visits had been reduced to biweekly, and his FOS reporting had been lowered to minimum requirements consistent with his Disposition.
[20]. Throughout the reporting period, Mr. Varey’s mental status remained stable. He consistently presented as pleasant, cooperative, and free of psychotic or mood symptoms. He maintained full compliance with his long-acting antipsychotic injection, which he reports effectively manages his symptoms. He demonstrated strong insight into his illness and expressed a long-term commitment to medication adherence, stating he intends to continue “forever.” Aside from temporary leg pain following an injection in August 2025, he reported no medication side effects. In February 2025, under psychiatric supervision, he successfully discontinued citalopram without any negative impact on mood or functioning.
[21]. He continues to work part-time as a dishwasher at Denny’s, where he has been employed for three years. He maintains supportive relationships with his father, his long-term partner, and his peers. He spends several nights per week at his girlfriend’s apartment in North Oshawa, assists with grocery shopping, and helps care for their dog. He remains reliable and communicative with his FOS worker, coordinating appointments and his long-acting injectable (LAI) treatments proactively.
[22]. He receives primary care through the CMHA Nurse Practitioner-Led Clinic. His ongoing cannabis use—permitted under his Disposition—has been responsible and without any adverse impact on his behaviour, mental state, or risk level. His urine drug screens have consistently returned negative for all substances other than permitted cannabis. There has been no recurrence of psychotic symptoms and no readmissions.
[23]. At the hearing, Dr. Wang confirmed all of the above findings and reiterated that, in his professional opinion, Mr. Varey no longer poses a significant threat to public safety.
[24]. Dr. Wang provided one material update: although the Hospital Report anticipated that Mr. Varey would be followed by his family physician and receive his LAI injection through the CMHA, Mr. Varey has now been accepted into the hospital’s psychosis clinic. Dr. Wang explained that, due to the absence of available community psychiatrists in Durham, the psychosis clinic is the most appropriate resource. It is well equipped to support forensic patients transitioning to full integration into the community following an absolute discharge
[25]. Dr. Wang also confirmed that Mr. Varey will be able to remain in CMHA-subsidized housing permanently, even if granted absolute discharge and when he is no longer under the auspices of the Ontario Review Board.
[26]. He emphasized Mr. Varey’s numerous protective factors, including his excellent insight, sustained stability, motivation to stay well, understanding of the role of medication, strong interpersonal relationships, stable employment, and abstinence from all substances except responsibly used cannabis. Mr. Varey has clearly indicated his intention to continue taking his long-acting medication indefinitely. Dr. Wang expressed confidence that either the psychosis clinic or the CMHA injection clinic will continue to administer his medication.
[27]. When questioned about the “low to moderate” risk rating noted at page 66 of the Hospital Report, Dr. Wang clarified that, in his view, Mr. Varey’s current clinical presentation places him at the low end of the risk spectrum. While his historical risk factors—such as his diagnosis, prior violence, and history of substance use—remain unchanged, his strong clinical protective factors, including multi-year stability, treatment adherence, and ongoing engagement, substantially mitigate risk. Dr. Wang testified that he had no concerns about Mr. Varey’s cannabis use and identified no evidence suggesting elevated risk.
[28]. In sum, Dr. Wang testified that there is no evidence to suggest that Mr. Varey continues to pose a significant threat to the safety of the public.
Risk Assessment
[29]. On October 9, 2025, a psychological risk assessment was completed based on a file review, a team consultation, and an interview with Mr. Varey. Several risk assessment tools were utilized, including the Psychopathy Checklist-Revised (PCL-R) and the Historical, Clinical, and Risk Management Guide (HCR-20 v3). A detailed analysis of Mr. Varey’s risk is provided on pages 64 to 67 of the Hospital Report. Based on these assessment findings, Mr. Varey is considered to present a low to moderate risk of violent reoffending if he were granted an Absolute Discharge.
[30]. A summary of his risk assessment is provided on page 67 of the report:
“Mr. Varey’s risk for violence and re-offence flow primarily from his underlying major mental illness, history of violence, and history of substance use. When unwell, he has engaged in significant violence and at other times, he has exhibited other antisocial behaviour, irritability, and hostility. However, he has had a very stable year, with no evidence of any active symptoms of psychosis, behavioural problems, or aggression. He has consistently consumed cannabis, as allowed by his Disposition, which he has done responsibly and without issue. There has been no evidence to indicate that his cannabis use has led to problems in his mental state or behaviour. His insight into his illness and need for medication is quite good and he appears to be internally motivated to continue with treatment to avoid future problems. He has been pro-social, gainfully employed, and has maintained good relationships with others throughout this year. While it would be ideal for him to be connected with a long-term psychiatrist, he will be able to continue receiving care through his family physician and the CMHA injection clinic. Overall, his risk for violence is likely low at this time.”
Analysis and Conclusion
[31]. The Board notes the joint submission that Mr. Varey no longer poses a significant threat to the safety of the public.
[32]. Mr. Varey’s potential risk for violence or re-offence has historically been associated with his major mental illness (Schizophrenia), his history of substance use, and prior incidents of violence. The evidence is clear that his past violent behaviour occurred during periods of untreated psychosis. Over the past year, however, he has remained entirely stable, symptom-free, and pro-social, and no behavioural concerns have arisen.
[33]. His cannabis use has been responsible and without adverse effects. He continues to demonstrate good insight, strong motivation toward treatment, stable employment, and positive personal relationships.
[34]. While it would be ideal for him to be connected with a long-term psychiatrist, Dr. Wang explained that there are virtually no available outpatient psychiatric services in the Durham area. Nevertheless, a recent positive development is his acceptance into the psychosis clinic at the hospital, which is experienced in supporting forensic patients transitioning into the community pursuant to an absolute discharge. Mr. Varey has expressed a clear and sincere intention to continue treatment indefinitely.
[35]. The Board is satisfied that the psychosis clinic and the CMHA injection clinic will together provide adequate ongoing care.
[36]. In Winko v British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, the Supreme Court of Canada held that the risk to public safety must be real and substantial, not merely speculative. Section 672.54 of the Criminal Code does not permit the Review Board to refuse an absolute discharge simply because it harbours a residual doubt about whether an NCR accused poses a threat. Where the Board cannot conclude, on the evidence, that an NCR patient poses a significant threat to the safety of the public, it must grant an absolute discharge.
[37]. Based on Dr. Wang’s testimony, the evidence contained in the Hospital Report and the parties’ joint submission, the Board finds that Mr. Varey no longer meets the threshold for significant threat to the safety of the public. He is, therefore, entitled to an Absolute Discharge.
[38]. The Board wishes to acknowledge the considerable effort and personal growth demonstrated by Mr. Varey throughout his period of supervision. The panel congratulates Mr. Varey on achieving this significant milestone and recognizes the dedication he has shown in rebuilding his life. The Board extends its sincere best wishes for his continued success and well-being as he transitions fully into the community.
DATED this 3rd day of December 2025, at the City of Toronto, in the Region of Toronto.
Ms. L. Silver Alternate Chairperson
Office of the Registrar Ontario Review Board