Re: Jenny Jean-François, 2025 CanLII 132805

Ontario Review Board

Re: Jenny Jean-François

ORB File No: 8408

Hearing held on: Monday, November 3, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

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

Before: Alternate Chairperson: Ms. M. Labrosse Members: Dr. R. Kunjukrishnan Dr. R. Cormier Mr. P. Hageraats Mr. A. Bouvier

Parties Appearing: Accused: Jenny Jean-François | Counsel: Mr. M. Davies Person in charge of hospital: | Representative: Dr. M. Sani and Dr. M. Strike Attorney-General of Ontario: | Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated November 25, 2025)

Introduction

1On October 26, 2021, Ms. Jenny Jean-François appeared in the Quebec Court facing charges of assault, assault using a weapon and assault causing bodily harm. These are offences contrary to the Criminal Code of Canada. Based on expert psychiatric evidence, the Court found Ms. Jean-François to be not criminally responsible on account of mental disorder (“NCR”).

2In 2023, consents were filed by the Attorneys-General of Quebec and Ontario to transfer Ms. Jean-François’ case from the Tribunal Administratif du Québec (“TAQ”) to the Ontario Review Board (“ORB” or ‘the Board’).

3Ms. Jean-François is currently subject to an ORB disposition, dated October 18, 2024, which orders her detention at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (“ROMHC” or “the hospital”). Ms. Jean-François was granted privileges, including to live in the community in accommodation approved by the person in charge of the hospital, within 20 kilometres of the hospital.

4Ms. Jean-François was also granted travel passes, for up to three days, to stay with family, indirectly supervised.

5On November 3, 2025, the Board convened at the hospital to conduct an annual review. Ms. Jean-François attended in person along with her mother, Mme Leone Foresmy. The hospital’s behavioural therapist was also present. Ms. Jean-François was represented by counsel, Mr. Michael Davies.

6A hospital report, dated October 1, 2025, was filed in evidence. The Board also received direct testimony from the attending Forensic Psychiatry Resident, Dr. Maurice Sani, and Forensic Psychiatrist, Dr. Melanie Strike.

Positions of the Parties

7At the outset all three parties advised they were in essential agreement on the following issues: Ms. Jean-François continues to present a significant threat; the current detention order should remain in place. A few questions needed to be asked about some aspects of care being provided and regarding approved accommodation and travel passes.

8For the reasons set out below, the Board adopted the parties’ joint submission. We acceded to a suggestion that the radius for approved accommodation be extended from within 20 to 150 kilometres of the hospital. The request to permit travel to visit family for a longer duration was granted.

Current Diagnoses, Hospital Report, p. 27

• Schizophrenia
• Obsessive Compulsive Disorder (“OCD”)
• Post-Traumatic Stress Disorder (“PTSD”)

9Ms. Jean-François is treated with psychiatric medications, including:

• Paliperidone palmitate 150 intramuscularly every 28 days (antipsychotic)
• Clozapine 400mg by mouth at supper (antipsychotic)
• Divalproex 500mg in the morning and at bedtime (mood stabilizer)
• Clomipramine 100mg at bedtime (for obsessive compulsive disorder)

Index Offences

10The circumstances are set out in the hospital report and in last year’s Reasons for Disposition dated November 6th, 2024:

“Around 7:00 a.m. on August 31, 2020, Mrs. R., another patient who was admitted to the Pierre Janet Mental Health Hospital (PJMHH), was sitting in the unit kitchen. Ms. Jean-François went to the nurses' station with $20 in her hand asking to purchase food, however the nurse did not permit her to leave the unit to go to the cafeteria. Ms. Jean-François began to cry and shout that she was hungry. Ms. Jean-François became angry and clenched her two fists, turned around and began to punch Mrs. R. in the head and left wrist, about five or six times, using both fists. She required physical restraint and was placed in isolation.

Around 12:10 pm, on December 28, 2020, Ms. Jean Francois left the isolation room at the Pierre Janet hospital with a plastic meal tray in her hands to place her meal tray on the counter. Ms. L., a hospital staff member, observed that she required assistance and came to take the tray from her. Mr. Jean-François then lightly knocked Ms. L. on the forehead with the tray, appearing to be unappreciative of her offer to assist. Ms. L. directed her to return to the isolation room. Ms. Jean Francois then started screaming. She pulled a new meal tray from a cart, charged toward Ms. L., and hit her right forearm and right ear with the tray. She was restrained by two staff and returned to the isolation room. Ms. L. suffered a laceration requiring two stitches

Background History

11Ms. Jean-François is a 26-year-old single woman with no dependents. Following the order for transfer from Quebec to the Ontario Review Board, she remained on in-patient status at the PJMHH in Gatineau, Quebec. On November 27, 2024, she was admitted to the Forensic Rehabilitation Unit of the ROMHC.

12Since then, Ms. Jean-François has remained on in-patient status at the ROMHC.

13Ms. Jean-François’ main community support is her mother, Ms. Leone Foresmy. Ms. Foresmy lives in Kanata with her two younger daughters. For some time, and even during Ms. Jean-François’ stay at the PJMHH in Gatineau, she has benefited from overnight weekend stays at the home of her mother. The hospital has a plan for medications to be administered during these visits. Both Ms. Jean-François and Ms. Foresmy report no problems, while medication compliance medication is kept up.

14Ms. Jean-François’ condition is complicated by serious issues of sleep hygiene. In early January 2025, the hospital made a referral to the sleep disorder clinic. There have been delays. Only preliminary tests have been done, to determine oxygen saturation levels. The more extensive actual sleep study has yet to be scheduled. The hospital treatment team is at a loss to understand the continued delay. They want the sleep study to move ahead.

15The hospital has been focussing on community reintegration. Two group homes are contemplated, “Baycrest” and “Hope Living”. These are in Vanier and Kanata, respectively. A main concern is Ms. Jean-François’ need to have her own private room rather than sharing space with another resident. Ideally, the hospital would like to see Ms. Jean-François transition to a female-only facility. Currently, while an inpatient at the ROMHC, she has been managing on the mixed gender ward. There have been no reported problems of aggression or violence.

Evidence at the Hearing

16The Board also received direct testimony from Dr. Maurice Sani. Dr. Sani is a practising resident in Forensic Psychiatry and is treating the patient under the supervision of Dr. Melanie Strike. Dr. Sani is the author of the cumulative hospital report filed in evidence. He provided explanations and responded to questions.

17Ms. Jean-François has family relations in Miami. In recent years, her mother continues to visit them. International travel for Ms. Jean-François is not imminent and would require much preparation. Travel could be contemplated to other locations in Ontario and Quebec.

18Dr. Sani testified that Ms. Jean-François’ mother is a significant support. However, as has happened in previous years, it is possible that Ms. Foresmy could relocate from her present home in Kanata to somewhere farther away from the hospital.

19The hospital is recommending a change in the radius for approved accommodation. Any group home or other facility will need to be geographically accessible for both mother and daughter. Ms. Foresmy may possibly relocate within Ontario - or to western Quebec, where she has resided in the past. With this eventuality in mind, the hospital suggests expanding the placement radius from 20 to 150 kilometres.

20Since September 2025, visits to the mother’s home have taken place every two weeks, so far, for up to two overnights. The visits have gone well. The hospital is not looking at any change of limits to family visits. That said, the hospital is not considering a full-time move to the mother’s home. Ms. Foresmy works full-time. She has two younger children to parent. Ms. Foresmy cannot offer full-time supervision as she does have a life of her own, and will need breaks, in addition to her trips abroad. Were Ms. Jean-François to travel any considerable distance, she most likely would need to be accompanied by her mother.

21Regarding the diagnosis of PTSD, Ms. Jean-François requires trauma support and therapy - which will continue at the hospital. Dr. Sani confirmed this is an important part of her treatment. For the three or four years when she was a patient at the PJMHH, attempts were made to provide trauma therapy but were not successful. There were various reasons for this, including the patient’s difficulties with fatigue.

22Ms. Jean-François is being referred to the hospital’s Schizophrenia Program. The program is designed for patients with a treatment-resistant condition and who have trouble integrating into the community. If admitted to the Schizophrenia Program, Ms. Jean-François would remain there during the week. On weekends, it is contemplated she could stay at her mother’s.

23The hospital is conducting an intake assessment to see if admission to the Schizophrenia Program would be possible, as they are hoping. The treatment plan will involve a forensic case manager and occupational therapist to provide supports. One area to work on includes helping Ms. Jean-François make progress at taking public transport.

24Ms. Jean-François is also dealing with a serious non-psychiatric medical condition, which is now being addressed with medications.

25Dr. Sani was asked about drug testing to monitor possible consumption of illicit substances. Last year, the Board chose to remove the requirement for mandatory urine drug screens. During the current reporting period, the hospital has not requested any voluntary urine drug samples from Ms. Jean-François. There has been no evidence of substance use over the year. Dr. Sani added that no illicit drugs have come on to the unit during her time here.

26Questions were asked about the longstanding urgent referral for a sleep study. Despite the hospital’s many requests for an update, the reasons for the delay remain unknown. Dr. Sani and Dr. Strike both agreed it would be helpful if the Board were to direct the hospital to expedite completion of a formal sleep study without delay.

27The parties presented no further evidence.

Submissions of the Parties

28The Board received a joint submission on the continued need for a detention order, with only minor changes to the terms. The issue of significant threat was not disputed.

29Counsel for Ms. Jean-François expressed concern that any possible placement in the community should not interfere with his client’s ability to stay in close contact with her mother. Mr. Davies advised they were counting on the hospital to consider the mother’s situation and the benefits that flow from promoting the mother’s important contribution to the patient’s welfare.

30Mr. Davies also expressed concern about future delays in having Ms. Jean-François return to the community, particularly if she is to remain hospitalized, whether at the Forensic Rehabilitation Unit or in the Schizophrenia Program. Unexplained delays regarding the sleep study continue to hold the patient back. Delayed progress at working toward community reintegration is of concern. Mr. Davies urged the Board to formally direct the hospital to expedite completion of the formal sleep study.

31Counsel for the Attorney-General, Ms. Dufort, joined with Mr. Davies about the hospital’s recommendations, apart from one issue. Regarding community living, Ms. Dufort submitted that Ms. Jean-François will require a supervised residence, as opposed to approved accommodation. Counsel was content to leave it to the hospital to choose the level of supervision - even if this did not involve the presence of staff on a 24-7 basis.

32Ms. Dufort referred to the Ontario Court of Appeal decision in (Re) Abdikarim, 2024 ONCA 17. We note the court’s comment at para. 10:

...supervised accommodation may capture various degrees or levels of supervision.

Ms. Dufort submitted the evidence heard at the present hearing does not show the need for more extensive 24-hour supervision; rather, the need is to have someone there at certain times, to make sure things are going as they should.

Conclusions and Disposition

33Based on the evidence, with the appropriate joint submission in support, the Board finds that Ms. Jenny Jean-François continues to present a significant threat to the safety of the public. This is supported by the clinical and behavioural history. Ms. Jean-François has been suffering for several years from Schizophrenia which – in the past - has seen her engage in unprovoked sudden violence to others, including hospital staff.

34The least onerous and restrictive disposition that is available, to keep the public safe, is a detention order. Ms. Jean-François needs to remain in a hospital setting for treatment. We commend her for another successful year of stability and collaboration with the treatment team.

35The Board notes that the hospital is making efforts to have Ms. Jean-François move toward community integration. Clinical challenges continue, including the urgent need to conduct a sleep study and to address the patient’s serious non-psychiatric medical condition.

36Regarding the proposed sleep study, the Board finds that while it is needed, both from a clinical and a risk management perspective, continued unexplained delays constitute a serious barrier to the patient’s reintegration. This is even more concerning considering that Ms. Jean-François has remained an inpatient for four years in the forensic system alone, and for an even longer period, going back to her earlier non-forensic admission, five years ago in Gatineau. We are most concerned that Ms. Jean-François is at serious risk of becoming institutionalized.

37Accordingly, the Board directs the hospital to expedite completion of the formal study without further delay.

38Ms. Jean-François is being considered as a candidate for community living. The hospital is moving forward to seek placement in a suitable therapeutic group home setting while balancing the recommendation that she be admitted to the allied Royal Ottawa Schizophrenia Program.

39In this context, the hospital needs to retain the ability to determine the patient’s place - or places - of residence. We are confident that in selecting and approving any future accommodation, the treatment team will no doubt be mindful of the need to keep both Ms. Jean-François and the public safe by ensuring that adequate supervision is in place. Much will turn on the extent to which members of the hospital team and the selected placement staff are able to arrive at and maintain an ongoing professional relationship of frequent collaboration.

40The Board finds that the presence and support of the mother, Ms. Leone Foresmy, is an important part of her life, while promoting her progress in treatment. Weekend visits to Ms. Foresmy’s home are going well and will continue. If Ms. Foresmy were to relocate to a further distance outside Ottawa, all agree that Ms. Jean-François should not be deprived of future visits. It is therefor appropriate that the radius for community placement be extended to 150 kilometres.

41The hospital request to extend travel passes to stay with family for up to two weeks from three days is granted. Similar considerations apply as noted above. While a trip farther afield does not appear likely in the coming twelve months, the Board feels it may offer Ms. Jean-François necessary encouragement to engage more fully with the various forms of occupational and vocational programs that the hospital would like to present to her.

42For these reasons, having regard to the primary consideration of keeping the public safe, while balancing Ms. Jean-François’ mental condition, her reintegration and other needs, a detention order will issue. Certain terms and conditions will be modified from last year, as noted above.

43We thank Drs. Sani and Strike, and both counsels, for their carefully considered assistance.

44The Board extends our best wishes and encouragement to Ms. Jean-François and Ms. Foresmy for the coming twelve months.