Ontario Review Board
Re: Nicholas N. Foster
ORB File No: 8844
Hearing held on: Monday, November 17, 2025
Place of Hearing: Providence Care Hospital
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Hanbidge
Members: Dr. R. Kunjukrishnan
Dr. S. Wiseman
Ms. K. Weisbaum
Mr. J. Cyr
Parties Appearing:
Accused: Nicholas N. Foster
Counsel: Mr. C.P. Dobson
Person in charge of Hospital: Counsel: Ms. T. Tom
Representative: Dr. Z. Selhi
Attorney-General of Ontario: Counsel: Mr. A. Scott
REASONS FOR DISPOSITION
(Dated December 8, 2025)
Introduction:
On July 15, 2025, Nicholas N. Foster, was found not criminally responsible (“NCR”) on account of mental disorder on charges of Sexual Assault, Voyeurism(x2), Criminal Harassment (x2), Intimidation and Failure to Comply with Undertaking.
As part of bail conditions while awaiting an initial hearing before the Ontario Review Board (the “Board”), the Court ordered Mr. Foster to live in the community under certain conditions, including that he reside at his parents’ home in Belleville, Ontario with his parents as sureties and, when out of the home, that he be accompanied by one of his parents at all times.
On November 17, 2025, the Board convened a hearing at the Providence Care Hospital (the “Hospital” or “PCH”) to conduct Mr. Foster’s first annual review hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Foster was present at his hearing and represented by his counsel, Mr. Christopher P. Dobson. Ms. Tina Tom represented the Hospital and Mr. Andrew R. Scott represented the Attorney General of Ontario. Also in attendance were Mr. Foster’s parents, Gary and Suzanne Foster.
The following documents were entered as Exhibits at the hearing:
CIPC Response Report dated July 15, 2025
OCJ Release Order, dated July 18, 2024
Victim Impact Statement, dated July 11, 2025
Information
OCJ Assessment Order, dated April 11, 2025
OCJ Transcript for July 15, 2025
NCR Report dated June 11, 2025
Hospital Report dated November 7, 2025
At the beginning of the hearing, Ms. Tom indicated that the digital version of Mr. Foster’s Release Order from Court appeared to be missing a few pieces. Mr. Scott indicated that one of the versions of the victim impact statement from July 2025 had a slight change in syntax, but that the content was essentially identical to the one received by the Board. The Board and the parties were content to proceed on this item. Mr. Dobson indicated that Mrs. Foster’s first name as noted in the Hospital Report at page 5, line 1, requires correction; her name is “Suzanne”, not “Susan”. The parties had no other documents to present.
The issues to be determined at the hearing were whether Mr. Foster represents a significant threat to the safety of the public as defined in section 672.5401 of the [Criminal Code](https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46