Re James Johnston, 2025 CanLII 135031

Re: James Johnston

ORB File No: 2566

Hearing held on: Wednesday, November 26, 2025

Place of hearing: Waypoint Centre for Mental Health Care

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

Before:

Alternate Chairperson: Ms. J. Mills

Members: Dr. R. Wood Hill Dr. G. Stones Ms. C. Fromstein Ms. C. Plyley

Parties Appearing:

Accused: James Johnston Counsel: Mr. T. Whillier

The Person in charge of Hospital: Representative: Ms. T. Murdock

Attorney General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated December 22, 2025)

Introduction

1. On September 8, 1997, James Johnston was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault causing bodily harm and assault, contrary to the Criminal Code of Canada (the “Criminal Code”).

2. Mr. Johnston is currently subject to a disposition of the Ontario Review Board (the “Board”) dated November 27, 2024, detaining him on the High Secure Provincial Forensic Program Division at the Waypoint Centre for Mental Health Care (“Waypoint” or the “hospital”), with privileges up to and including the ability to live in the community in accommodation approved by the person in charge.

3. On November 26, 2025, a panel of the Board convened to review Mr. Johnston’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Johnston was present for his hearing and was represented by counsel throughout the proceedings.

4. The issues to be determined are whether Mr. Johnston poses a significant threat to the safety of the public and, if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

5. At the commencement of the hearing, the representative for the hospital submitted that Mr. Johnston continues to represent a significant threat to the safety of the public and there should be no change to his current disposition. Counsel for the Attorney General and counsel for Mr. Johnston agreed with the hospital’s submission. All parties maintained their respective positions in closing submissions.

6. For the reasons set out below, the Board finds that Mr. Johnston continues to represent a significant threat to the safety of the public and there should be no change to his current disposition.

Evidence at the Hearing

7. The Board received documentary evidence in the form of a Hospital Report dated October 17, 2025, and marked as Exhibit 1. The Board also heard viva voce testimony from Dr. Mishra, Mr. Johnston’s treating psychiatrist.

Index Offences

8. On January 1, 1996, Mr. Johnston was charged with an unprovoked assault a co-patient at the Queen Street Mental Health Centre, resulting in facial and dental injuries. On June 29, 1997, Mr. Johnston was charged with assault causing bodily harm. Mr. Johnston assaulted a female while walking on Queen Street. Mr. Johnston approached the victim and pushed her into oncoming traffic. The assault was unprovoked, and the victim sustained a fractured hip and commensurate lacerations and contusions.

9. The Hospital report outlines Mr. Johnston’s history and background and need not be repeated here in detail. In brief, Mr. Johnston is 75 years old. Mr. Johnston has seven siblings. His childhood is described as chaotic, abusive, and neglectful. The CAS were involved with the family. Mr. Johnston’s mother was an alcoholic and left the family home when he was 11 years old. When he was 16 years old, Mr. Johnston went to live with her and cared for her between his intermittent psychiatric admissions. Mr. Johnston is reported to have been deeply impacted by her death in 1997, and his inability to attend her funeral.

10. Mr. Johnston has a Grade 9 education. He struggled in school due to attention problems. Psychological assessments in 1980 indicated a borderline IQ score of 71. It is reported that Mr. Johnston has spent most of his adult life in institutions. Mr. Johnston is single with no dependants. He is supported by Old Age Security and the Ontario Disability Support Program.

11. Prior to the index offences, Mr. Johnston had a criminal record for indecent assault in 1971 and assault in 1993. In 1980, he was charged with possession of stolen property and “committed, mentally ill.” Several other charges have been withdrawn over the years.

12. Mr. Johnston’s first contact with psychiatric services was as a young teen. Subsequently he experienced 27 admissions to hospital prior to the index offences. Over the years, he was noted to show psychotic symptoms and poor response to a variety of antipsychotic medications. Mr. Johnston is incapable with respect to treatment. His substitute decision maker is his sister. Mr. Johnston is incapable with respect to his finances; the Public Guardian and Trustee is his SDM.

13. Mr. Johnston is diagnosed as suffering from schizophrenia (undifferentiated type) and borderline intellectual functioning. Mr. Johnston has several co-morbid conditions which complicate his treatment, including degenerative lumbosacral spinal disease, osteoporosis, seizure disorder, iron-deficiency anemia, hypothyroidism, reactive airway disease, chronic constipation, benign prostatic hypertrophy, dyslipidemia, visual impairment, secondary to cataracts, and hearing impairment of unknown etiology.

Analysis

14. The Board accepts the testimony of Dr. Mishra as supported by the Hospital Report and finds that Mr. Johnston continues to represent a significant threat to the safety of the public. The Board notes that all parties were in agreement on this issue. Unfortunately, there has been little change in Mr. Johnston’s presentation in the year in review. Mr. Johnston has continued to experience symptoms related to his schizophrenia and borderline intellectual functioning. Mr. Johnston has regular episodes of significant verbal and physical aggression. The Hospital Report is replete with instances where Mr. Johnston has acted aggressively, struck out, verbally abused staff and co-patients alike. These have included the use of racial slurs on a regular basis and at times attempted physical violence. Mr. Johnston continues to have limited insight into his mental illness and has continued to resist efforts aimed at improving his insight.

15. The Board further finds that the necessary and appropriate disposition to manage Mr. Johnston’s risk to the safety of the public remains a detention order in a high secure forensic hospital. Mr. Johnston continues to reside on Awenda A. The staff on Awenda A are highly skilled in managing people with Mr. Johnston’s constellation of issues and have been able to effectively de-escalate Mr. Johnston when needed. The ability to de-escalate and manage Mr. Johnston has been largely responsible for keeping Mr. Johnston out of seclusion and has contributed to his quality of life. Notwithstanding the supports in place, Mr. Johnston’s presentation was such that he was unable to exercise off unit privileges during the year in review. At this time, it is unlikely that Mr. Johnston’s risk could be managed in the community. When Mr. Johnston is ready for community living it will be important for the hospital have the ability to approve his accommodation to ensure that he has the support and structure necessary to assist in a successful reintegration.

16. Given the likelihood that Mr. Johnston will not be ready for community living in the next year, the Board has considered whether community living should remain in Mr. Johnston’s disposition. Dr. Mishra testified that the hospital continues the search for suitable accommodation for Mr. Johnston which will most likely be a long-term care facility and continues to hope that a suitable community residence will be found for him. Dr. Mishra further testified that it is difficult to find suitable accommodation for Mr. Johnston given his presentation and high degree of physical and mental health needs. Mr. Johnston has become less physically stable (he had a fall in September 2025) which adds to the difficulty; however, the Board notes that there has been some improvement in his physical condition due to cataract surgery that was performed in March 2025. This has significantly improved his eyesight, allowing him to feed himself and improve his mobility. No doubt this will assist him in the future and further serve to improve the quality of his life.

17. Notably, Mr. Johnston has spent most of his life in institutions and has been in the forensic system since 1997. In the Board’s view, any attempt to move him away from the forensic system and to further his reintegration are to be encouraged and the Board finds that it remains necessary and appropriate for community living to be in Mr. Johnston’s disposition.

18. Despite the high burden of psychotic symptoms that Mr. Johnston endures he has the ability to participate in programming. After recovering from pneumonia and his cataract surgery he is reported to have actively participated in a wide variety of on-unit programs. He also has the ability to develop trust with some staff and co-patients and is noted to have been seen socializing appropriately with peers who know him well. Furthermore, Mr. Johnston continues to have the support of his sister.

Disposition

19. In making a disposition, the Board must take into consideration the criteria set out in s. 672.54 of the Criminal Code, which is the safety of the public, which is the paramount consideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused.

20. For the foregoing reasons, the Board finds that Mr. Johnston continues to represent a significant threat to the safety of the public and that there should be no change to his disposition.

DATED this 22nd day of December 2025, at the City of Toronto, in the Region of Toronto.

Ms. J. Mills Alternate Chairperson

__________________

Office of the Registrar Ontario Review Board