Re Whaley, 2025 CanLII 126068

Ontario Review Board

Re: Christopher A. Whaley

ORB File No: 8110

Hearing held on: Friday, November 7, 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: Christopher A. Whaley Counsel: Ms. A. Jervis The person in charge of hospital: Counsel: Ms. J. Zamprogna Attorney General of Ontario: Counsel: Mr. D. Rows

REASONS FOR DISPOSITION

(Dated December 2, 2025)

Introduction

1On July 13, 2020, the accused, Christopher Whaley, was found not criminally responsible on account of mental disorder on a charge of utter a threat to cause death, contrary to the Criminal Code of Canada. By reason of a Disposition of the Ontario Review Board (“ORB”) dated November 19, 2024, Mr. Whaley was ordered to be detained at the Southwest Centre for Forensic Mental Health Care (“Southwest Centre”), St. Joseph's Health Care London.

2On November 7, 2025, the ORB convened a hearing at the Southwest Centre for the purpose of the annual review of Mr. Whaley's Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Whaley was in attendance and represented by counsel, Ms. Jarvis. Ms. Zamprogna appeared as counsel for the hospital and Mr. Rows as counsel for the Attorney General of Ontario.

Index Offence

3The circumstances of the index offence are as follows:

“Count 1: Uttering Threats to Cause Death – Section 264.1(1)(a) C.C.

On Saturday, November 2, 2019, at approximately 21:02hrs, the accused was loitering on the property of 99 McNaughton Avenue West in Chatham. Police had three dealings with the accused in the past 12 hours regarding trespass incidents from the property, all resulting in the accused being cautioned and sent on his way.

At 21:06hrs, police arrived at 99 McNaughton Avenue West and spoke with the victim, who advised that at approximately 20:40hrs, the accused had walked by her on the property as she was standing outside, stared at the victim, and yelled out, "I fucking see you. I'll fucking kill you bitch!". The accused then proceeded to pull out a liquor bottle and smash it on the ground. The victim stated that at that time, she feared for her safety, as she believed that the accused was capable of killing the victim.

The accused was located at the southwest end of the building at 21:09hrs by police. As police attempted to effect an arrest on the accused, the accused became actively resistant by pulling away from the police and hiding his arms underneath his chest. Police eventually gained control of the accused and arrested the accused at 21:09hrs. The accused was read his rights to counsel and cautions, to which he stated he understood. The accused was then transported to CKPS HQ, where he would be held pending a bail hearing on 03-NOV-2019.

During the search incident to arrest, a small baggie of methamphetamine residue was located on the accused's person at CKPS HQ, located at 24 Third Street in Chatham.

The baggy was sent off to Health Canada for destruction.”

Criminal Record

4The following information is taken from the Ontario Provincial Police CPIC Report, dated January 13, 2020:

2005-06-23 Chatham, ON Assault Suspended sentence, probation 12 months, discretionary prohibition order

2017-08-01 Chatham, ON

1. Break, enter & commit
2. Assault with intent to resist arrest
3. Assault a peace officer
4. 80 days, probation 12 months, 67 days pre-sentence custody 2.&3. 80 days on each charge consec, probation 12 months, 67 days pre-sentence custody, discretionary weapons prohibition

2018-04-30 Chatham, ON Fail to attend court 5 days pre-sentence custody

2018-04-30 Chatham, ON Fail to appear 5 days pre-sentence custody

2018-04-30 Chatham, ON Fail to comply with a probation order 5 days pre-sentence custody

2018-12-12 Chatham, ON Fail to appear 10 days pre-sentence custody

2018-12-12 Chatham, ON

1. Fail to comply with a probation order
2. Fail to appear
3. 20 days pre-sentence custody
4. 10 days pre-sentence custody

Current Diagnoses

[5] Mr. Whaley’s current diagnoses are

• Schizophrenia
• Polysubstance Use Disorder, in sustained remission in a controlled environment

Background and Personal History

6Mr. Whaley's personal history is set out in detail in the Hospital Report which was filed as an exhibit at the hearing. By way of summary, Mr. Whaley was born in Chatham, Ontario and was the fifth child in a sibline of six. Mr. Whaley's parents reported he had a happy childhood and a good relationship with family members. There was no physical or sexual abuse or neglect in the household and no significant exposure to alcohol or recreational drugs. Mr. Whaley did well in elementary school. At age 8 he was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and prescribed Ritalin. This was discontinued after a period of time because, according to his parents, it made him feel “slowed down.”

7Mr. Whaley changed schools in grade 5 and “got into the wrong crowd” in grade 7 or 8. He began using cannabis and hashish. He also engaged in minor criminal activity. Mr. Whaley began secondary school but dropped out in grade 9 or 10. He apparently completed high school at the Lambton-Kent Skill Centre some time later.

8Since leaving high school, Mr. Whaley had a number of different job experiences. He worked for a packaging company and also at an automotive parts warehouse. At age 30, he worked at a factory in Ridgetown for about two years. Mr. Whaley ultimately stopped working at the factory due to worsening mental illness and he was placed on long-term disability at age 32.

9Mr. Whaley has had a number of serious romantic relationships. There are significant differences between his reports about the relationships and those given by his parents to Dr. Quinn. He had one child as a result of the first relationship, and two children with his second partner. There is also discrepancy between Mr. Whaley’s and his parents’ accounts of his independent living history. Given his ongoing thought disorganization, Mr. Whaley is generally considered as unreliable as a historian. At various times during his relationships, he resided either with his parents or with his partner. With the worsening of his mental illness at age 32, he moved back into his parents’ home for a short period of time. In 2016, he “dumped” all his belongings and became homeless, living in the Chatham area. Mr. Whaley stated he lived primarily in wooded areas during this time. He would visit his parents daily who provided him with meals. He continued to display grandiose and paranoid beliefs.

10Mr. Whaley has a history of substance use including alcohol, cannabis, and crystal methamphetamine. Records indicated that he had a history of using crystal methamphetamine, hallucinogens, powder and crack cocaine, other stimulants, and opioids. In December 2020, a urine toxicology screen performed at Chatham-Kent Health Alliance returned positive for multiple amphetamines.

11Mr. Whaley has a significant history of treatment for his mental illness. He was first seen for psychiatric symptoms in January of 2011. He was diagnosed with schizophrenia, paranoid type and started on an antipsychotic medication. He was followed up until October 2011 but reportedly had difficulties with medication adherence and poor follow-up attendance. He was then discharged to the care of his family practitioner. Mr. Whaley had multiple admissions to hospital from 2011 until 2022 when he was found not criminally responsible. On different occasions he attended hospital himself and asked to be admitted, was brought to the hospital by family, or brought to the hospital by police. In 2020 he was found unfit to stand trial by Dr. Komer and a Treatment Order was issued by the court.

Position of the Parties

12At the outset of the hearing, Ms. Zamprogna submitted that Mr. Whaley continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the Detention Order with some adjustment of the privileges and conditions. Both Mr. Rows and Ms. Jervis supported the recommendation of the hospital.

Evidence

13The evidence on behalf of the hospital was presented by Dr. Mokhber. She is Mr. Whaley’s attending psychiatrist and the author of the Hospital Report. Dr. Mokhber commenced her evidence by referring to her treatment of Mr. Whaley back in 2023. She stated that at that time he had many negative symptoms of his major mental illness of schizophrenia. He would refuse to come out of his room at the hospital and medications had to be taken to his bedside. He did not engage in any socialization with others on the unit.

14Dr. Mokhber stated that Mr. Whaley has a treatment resistant form of schizophrenia. In 2024, she added a second antipsychotic medication, amisulpride, to be taken in combination with his clozapine. Dr. Mokhber stated that this was a “game changer.” Mr. Whaley became much more sociable and came out of his room. His delusions decreased and he began to attend and participate in programs offered to him on the treatment unit. He was transferred to the rehabilitation unit where he continued to participate in community programs and had passes to the community.

15For a brief period of time in 2024, amisulpride was not available and Mr. Whaley stopped receiving the medication. However, Dr. Mokhber testified that there was no change in his mental status even without the additional medication. Dr. Mokhber said there is no explanation for the dramatic impact of amisulpride. Dr. Mokhber said that she is conducting research into the possible reasons for its effectiveness in treating schizophrenia.

16In April of 2025, Mr. Whaley was discharged to reside in a group home in Port Bruce. Although he is compliant with his medications, Mr. Whaley does not have any insight into his major mental illness, his need for treatment or his risk for violence. In August 2025, Mr. Whaley was found to be incapable to consent to treatment and his mother was appointed as his Substitute Decision Maker (SDM).

17Mr. Whaley was briefly readmitted to the hospital in August 2025 as a result of difficulty receiving his medications due to his inability to pay. This problem was caused by Mr. Whaley not filing his taxes and the discontinuation of his Trillium drug benefits. After a brief stay, Mr. Whaley was returned to the group home and with the assistance of the hospital his taxes were paid and the required documentation filed so his Trillium benefits were reinstated.

18Mr. Whaley continued to experience prominent positive symptoms throughout the reporting period. His thought process was organized superficially but on exploration he was generally disorganized with bizarre somatic, grandiose, and persecutory delusions and hallucinatory experiences. He regularly reported tactile hallucinations involving spirits that he believed were pestering and physically or sexually assaulting him. His conversations were frequently dominated by grandiose and paranoid delusions, including claims of telepathic communication with family members, mind-reading abilities, employment with a video game company, (with expected compensation), and beliefs that staff (both inpatient and group home) were contaminating his food with poison, vomit, or feces. Although he was not observed to actively respond to these hallucinations, they consistently emerged during general conversation, indicating their persistent influence on his thought content and perception.

19Dr. Mokhber stated that Mr. Whaley is a nice, kind gentleman who works well with the treatment team. He has expressed an interest in living independently in the future and it is hoped that he can be transitioned to the semi-supervised residences at Indwell in early December. The treatment team wants to increase Mr. Whaley's opportunities for indirectly supervised access to the community. Mr. Whaley has stated that he will use cannabis when he is residing in the community. Notwithstanding this, the treatment team wants to continue with education around substance use. Dr. Mokhber stated that the team needs the authority of a Warrant of Committal to be proactive in the event that Mr. Whaley does decide to use cannabis. She stated that because of the risk factors outlined in the Hospital Report the treatment team did not consider a Conditional Discharge as necessary or appropriate to protect the safety of the public. When asked about the possibility of a residential treatment program, Dr. Mokhber stated that there would be no benefit to this before Mr. Whaley was tested in the community by removing the abstain clause from his proposed disposition. Dr. Mokhber said that Mr. Whaley would have to “learn from experience” if he elected to use substances.

20In response to a question from Mr. Rows, Dr. Mokhber stated that were Mr. Whaley to use THC in the community it would not result in an increase in his risk to the safety of the public.

21A member of the Board asked Dr. Mokhber to explain the rationalization for removing the abstain clause in light of Mr. Whaley’s declared intention to use cannabis. Dr. Mokhber answered that Mr. Whaley takes medication at the suggestion of the treatment team even though he does not believe that he needs it. Although Mr. Whaley has stated that he may use cannabis, there is no guarantee that he will. Dr. Mokhber said that the treatment team knows Mr. Whaley very well and will see him frequently while he is residing in the community. If there is any deterioration in his mental status then he can be returned quickly to the hospital utilizing the Warrant of Committal. She testified that if that occurs then Mr. Whaley will have to learn that use of cannabis and the subsequent deterioration in his mental status will have “consequences.” If Mr. Whaley does use cannabis and there is a deterioration in his mental condition then Dr. Mokhber said the treatment team would return him to the hospital and recommend that the abstain clause be reinstated in a new Disposition.

22Dr. Mokhber elaborated that by “consequences” she means Mr. Whaley's return to the hospital and loss of his independent living and privileges. Dr. Mokhber explained that Mr. Whaley learned a consequences-based lesson about his finances when he attempted to cancel his ODSP benefits based on a delusional belief that he was entitled to receive a significant sum of money from a gaming company. He believed that he was actually being paid to engage in online games. With the assistance of the treatment team the ODSP benefits were restored. Finally, Dr. Mokhber stated that when living in the community Mr. Whaley will be seen daily by the on-site manager of his residence and will also have weekly visits at a minimum from the outreach team. Dr. Mokhber said that she meets with her patients every four to eight weeks, depending upon their circumstances.

23Neither Mr. Rows nor Ms. Jarvis called evidence at the hearing.

Submissions

24At the invitation of the Board, counsel focussed their submissions on the issue of the deletion of the abstain clause from the proposed Disposition. All counsel reiterated the joint submission made at the outset of the hearing and specifically endorsed the recommendation of the treatment team that the abstain clause be removed from the proposed Disposition. The purpose of the deletion is to test Mr. Whaley's ability to abstain from cannabis and other substance use as his privilege level is increased.

Analysis and Disposition

25The Board is unanimous in finding that Mr. Whaley continues to represent a significant threat to the safety of the public. As set out in the Hospital Report and in the evidence of Dr. Mokhber, Mr. Whaley continues to have a lack of insight into his major mental illness, his need for treatment and his risk of violence. He continues to struggle with symptoms of his illness despite treatment. Although he denies violent thoughts, he remains preoccupied by thoughts of spirits and peers having violent intent towards him. Mr. Whaley currently has no professional mental health supports beyond the forensic system. Although wishing to reside independently, he lacks insight into the level of supervision and support he requires.

26The Board accepts the opinion of Dr. Mokhber that without forensic support and supervision, Mr. Whaley would likely return to substance use and fall away from treatment and discontinue any mental health support he is receiving in the community. This would result in an exacerbation of his already prominent psychotic symptoms including hallucinations and delusions resulting in an increase in his violence risk. The likely result would be violent behaviour similar to that at the time of the index offence. The Board is satisfied that on the basis of the Hospital Report and Dr. Mokhber’s evidence, Mr. Whaley does represent a significant threat as defined in s. 672.5401 of the Criminal Code.

27Mr. Whaley was successfully transitioned to community living in March of 2025. Although this has not been without incident or administrative issues, Mr. Whaley has fully cooperated with the treatment team. There have been no incidents of violent or aggressive behaviour.

28The next step in Mr. Whaley's reintegration will be to transition to more independent living at Indwell. Although there will be less direct supervision of him at Indwell, Mr. Whaley will be seen by an on-site manager on a daily basis and visited by his outreach team weekly. The Board is unanimous in accepting Dr. Mokhber’s recommendation that the abstain from substances clause be deleted from Mr. Whaley's Disposition. As set out in her evidence, Dr. Mokhber explained the rationale for testing Mr. Whaley in this fashion. Given the supervision outlined above, Dr. Mokhber is confident that the treatment team will pick up any deterioration in Mr. Whaley's mental health and be able to return him quickly to the hospital. Were this to happen, Dr. Mokhber said Mr. Whaley will then learn the consequences of substance use on his freedom to reside independently in the community. With these safeguards in place, the Board is satisfied that the paramount concern of the safety of the public can be met, while moving forward with Mr. Whaley's reintegration into the community.