Re: William Tait
ORB File No: 6092
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. C. Fromstein
Members: Dr. R. Wood Hill
Dr. G. Stones
Ms. J. Mills
Ms. C. Plyley
Parties Appearing:
Accused: William Tait
Counsel: Mr. T. Whillier
The Person in charge of Hospital: Representative: Ms. T. Newman
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated December 15, 2025)
Introduction
On April 4, 2012, William Tait was found not criminally responsible on account of mental disorder (“NCR”) on charges of sexual assault and fail to comply with probation, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board dated October 28, 2024, detaining him at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint” or “the hospital”) with privileges up to and including the ability to enter the hospital and grounds beyond the secure perimeter escorted by staff.
On November 26, 2025, a panel of the Board convened at Waypoint to review Mr. Tait's disposition. The issues to be determined are whether Mr. Tait 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.
Index Offences
- The details of the index offences are taken from last year’s Reasons for Disposition as follows:
"On September 16, 2008, Mr. Tait was arrested and charged with sexual assault, utter threats, robbery, and fail to comply with probation for offences that allegedly occurred on August 13, 2001, in Niagara Falls, Ontario. The complainant died from natural causes in January 2003. The identity of the offender was unknown until January 15, 2007, when police were notified a DNA match had been established.
The matter proceeded to trial. Mr. Tait was found guilty of sexual assault and failure to comply with probation and was acquitted of robbery and uttering threats.
On August 13, 2001, the complainant reported to a woman she approached on the street that she had been raped. The arms of her dress were torn, and the dress was dusty and dirty. The woman had scratches on her back and related a man had walked up Lundy's Lane with her and asked her for money. She said he raped her "at the back of the Acres property” and told her to wait and not to go for help as he needed time to get away. He threatened to kill her.
The complainant related to police the accused had forced her to the ground, took his clothes and her underwear off and penetrated her. He went through her wallet and told her to wait 10 minutes, or he would kill or hurt her. The police officer described the complainant as being "in shock" and the sergeant who attended described her as "distraught, crying, and embarrassed" and noted she had leaves and grass matter on her back.”
Initial Positions and Conclusion:
- At the outset of the hearing the parties were canvassed as to their initial positions:
Ms. Newman indicated the hospital's position is that Mr. Tait represents a significant threat but that he can be managed at a less secure facility and recommend his transfer to St. Joseph's Hospital with conditions as set out in the Hospital Report.
Ms. Curry, on behalf of the Crown, indicated that she would likely recommend that Mr. Tait remain on the Awenda unit at Waypoint but wanted to hear evidence whether there was an all-male unit available at St. Joseph's Hospital.
Mr. Whillier indicated that Mr. Tait opposes the transfer. He otherwise concedes significant threat and agrees to his ongoing placement at Waypoint with the conditions recommended.
- At the completion of the hearing the Board found that Mr. Tait continues to represent a significant threat to the safety of the public. The Board declined to order Mr. Tait’s transfer and maintained his current disposition with conditions at Waypoint without change. The reasons follow.
Background
The Hospital Report, Exhibit 1, outlines Mr. Tait's history and background so need not be repeated in detail. Briefly summarized, Mr. Tait is presently 61 years of age. Mr. Tait had an extensive criminal record prior to the index offence, which commenced in 1987. He was declared a long-term offender on December 5, 2006 (the designation reported to have ended in 2018). His criminal record includes convictions for assault, aggravated assault, assault causing bodily harm, assault with a weapon, sexual assault, robbery, carrying a concealed weapon, and several breaches or failures to comply with probation.
Mr. Tait also has a history of substance use.
Mr. Tait’s psychiatric history is noted to have commenced in 1979 when he was referred by the Court to the Centre for Addiction and Mental Health in Toronto (CAMH) due to persistent conflict with his sister and mother. This was followed by hospital attendances. His diagnoses include schizophrenia, paraphilia NOS and unspecified neurocognitive disorder.
In 2023, Mr. Tait was transferred at Waypoint from Beckwith to the Awenda units where he showed a gradual increase in social interactions with some patients. The Awenda program is highly structured, supporting patients with intellectual disabilities, cognitive issues or acquired brain injuries. The Hospital Report indicates that Mr. Tait remains paranoid believing that others are speaking negatively about him and will harm him. He is hypervigilant and reports feeling anxious in the presence of co-patients. He endorses auditory hallucinations infrequently. In the past, in December 2023, he advised Dr. Mishra that the voices tell him to fight others, but he does not feel compelled to obey.
Mr. Tait has a management plan in place to lessen his fears of being around others and to reduce the likelihood that he will act out against his peers. He prefers to come out of his room when the other patients are in their rooms. When the unit is open staff escort him when he wishes to walk. He consumes his meals in one of the lounges on the unit with a smaller number of patients.
The Hospital Report, positively, notes that Mr. Tait has shown some improved tolerance for busy or loud environments. He has engaged in behaviours such as offering food to co-patients through an opening in the co-patient’s door as well as showing an increase in comfort level when he is off the unit. He is observed to be more relaxed and less hypervigilant.
Mr. Tait’s sister visits him monthly.
Mr. Tait remains capable with respect to medication decisions and medication compliant but asks to stop the medications. He has tried to grab staff during some medication administrations in the past year.
Based on concerns regarding his cognitive functioning, an assessment with the occupational therapist was conducted in the past year. The functional abilities assessment revealed significant challenges with cognitive functioning including comprehension and visual constructive skills that impact his activities of daily living.
A consultation with a geriatric psychiatrist was also conducted and the recommendations from that consultation have been implemented. Mr. Tait agreed to an increase in his clozapine dosing which took place in September of 2024, and he was prescribed bedtime medication, haloperidol. Despite these changes he continued to experience ongoing auditory hallucinations but overall, there was less impulsiveness displayed by him.
Mr. Tait’s actuarial score on the PCL-R undertaken in 2022 was 27 out of a maximum score of 40, which is considered at the high end of the moderate range. Higher scores are associated with higher risk of criminal reoffence, including acts of violence.
In the past year Mr. Tait has engaged in fewer behavioural incidents, the most recent being in October 2025 when he attempted to hit someone. It is the view of the treatment team that his symptoms are managed well. Mr. Tait is easier to redirect than in the past. With respect to risk, the Hospital Report sets out that at present his risk of violence and the threat to public safety is managed by significant structure and support. Without this there would be risk to violence to anyone in his vicinity, that would be imminent and unpredictable. Based on the above, the Hospital is recommending with the unanimous support of his treatment team Mr. Tait’s team risk could be managed in a less secure setting. The hospital recommends a transfer to St. Joseph's Healthcare Hamilton.
A Section 13 letter was, accordingly, sent to St. Joseph's Healthcare Hamilton. On November 25, 2025, the reply from St. Josph’s was received, authored by Dr. Chaimowitz, the head of the Forensic Psychiatric Program at St. Joseph's Healthcare. It outlines that Mr. Tait was a patient at that facility from 2014 to October 2022. As a result of unprovoked and unpredictable aggressive incidents that escalated in 2022 his transfer to Waypoint and its higher level of security was required. Dr. Chaimowitz noted that Mr. Tait has a long-standing history of violent and antisocial behaviour beginning at the age of 22 and continues to have limited insight in regard to his aggressive behaviour and its impact on others. The letter sets out the recognition that Mr. Tait's current crisis support plan in the current high secure environment seems to be helpful in decreasing the frequency of aggressive incidences. It states “however due to the high risk aggression that has been part of Mr. Tait's history it would be reassuring to see the effectiveness of this crisis support plan over a longer period of time. It is unknown if this crisis support plan would be effective in a lower secure facility such as St. Joseph's Healthcare Hamilton and his risk remains high especially in regard to such a transfer. In the result, St. Joseph's Hospital is not in support of the transfer request.”
Testimony of Dr. Mishra
Dr. Mishra testified. He indicated that he agrees with the contents of the Hospital Report and the risk assessment set out therein. He noted there over the past year there has not been significant change to Mr. Tait’s clinical presentation. Mr. Tait has remained relatively stable with ongoing challenges, but he has shown an increase in participation with his occupational therapist. He now goes off the unit accompanied by staff and appears less tense when doing so. He still spends most of his time in his room and comes out on some evenings when it is quieter. There have not been significant incidences of aggression.
Mr. Tait is showing cognitive decline. His functional challenges have impacted his ability regarding activities of daily living. Dr. Mishra indicated there has been some improvement in Mr. Tait’s engagement and ability to do things with increased repetition of these activities, but his cognitive limitations are evident.
Mr. Tait had previously expressed an interest to Dr. Mishra in moving to a hospital in the Burlington or Oakville area. Dr. Mishra indicated that he was a bit surprised to learn at the hearing that Mr. Tait no longer wishes to do so. As per Dr. Mishra, normally he and Mr. Tait are able to discuss medication and treatment, and Mr. Tait's approach is usually consistent. The last time they discussed any desire for hospital transfer was at the pre-Board hearing, approximately two months ago.
Mr. Tait is in regular contact with his sister, on her monthly visits to the hospital and virtually. She resides in Toronto. Dr. Mishra emphasized Mr. Tait’s contact with his sister is a significant consideration that supports Mr. Tait’s transfer to St. Joseph's Hospital in Hamilton.
In response to the concerns of St. Joseph's Hospital set out in their letter, Dr. Mishra noted that Mr. Tait’s insight is not perfect but there has been improvement. The increase in his clozapine dosing in June 2025 has noticeably reduced his impulsivity. He is now able to go to the canteen and is far less hypervigilant. Before he would scan the environment for threats and his vigilance is less now. In response to St. Joseph's wanting him on a crisis prevention plan for a longer period of time, Dr. Mishra noted that Mr. Tait has been on such a plan since his arrival at Waypoint. Everyone who comes to Waypoint with challenges at another hospital has a crisis prevention plan put in place, which is adapted over time. He opined that he understood from their letter that St. Joseph's wanted to see a greater period of stability. In that respect, Dr. Mishra stated that Mr. Tait had about a year of relative stability without any significant incidences which is why he recommends the transfer. Dr. Mishra also stated that the crisis prevention plan at Waypoint could be fully implemented in a medium secure facility.
In response to the question from the Crown as to whether there is an all-male unit at St. Joseph's, Dr. Mishra indicated he did not think so. However, he noted that Mr. Tait has not acted inappropriately at Waypoint with the female staff. His main risk has been randomly striking people then running back to his room due to his hallucinations, but his hallucinations are not at this time impacting his day-to-day functioning. Dr. Mishra was asked about his comments at last year's hearing where he felt that it was not appropriate for Mr. Tait to then be on a unit with vulnerable female population. Dr. Mishra responded that having known Mr. Tait for a year and observing his engagement and willingness to engage with the occupational therapist and improvement overall in his mental health, he does not have this concern, though he cannot completely rule it out.
When asked about his views of the risk assessment conducted in 2020 that deemed Mr. Tait a high risk for violent or sexual offence, Dr. Mishra noted that was completed when Mr. Tait was in a medium secure facility. Given what we have seen, there has been significant change in his presentation since then. There is no evidence of continued inappropriate sexual behaviour. While Dr. Mishra could not say with certainty how Mr. Tait would react with having vulnerable female patients on his unit, given what we have seen he essentially self secludes all day which decreases his likelihood of acting improperly. He is on clozapine, a medication that provides an anti-androgen effect. Dr. Mishra would not recommend instituting Lupron medication as there is no indication this is necessary. Dr. Mishra further noted that Mr. Tait is frail. Dr. Mishra also testified that it would likely take six months, if not more, for a bed to become available at St. Joseph's Hospital. This would give the team at Waypoint more time to help prepare Mr. Tait for the transfer and they would start that process.
Dr. Mishra agreed with the position put to him by Ms. Curry that there is always a possibility that a person who does not want a transfer could act out to sabotage the transfer process. However, he stated that Mr. Tait is doing relatively well. He spends the majority of his time in his room. He would likely become more isolated in his room after transfer and need to adapt to the medium secure facility at St. Joseph's. Dr. Mishra opined that there are opportunities for Mr. Tait there that are not available at Waypoint. St. Joseph’s would have an occupational therapist and behavioural therapist to assist him. Mr. Tait would be able possibly to have more frequent contact with his family. In the future he might possibly achieve a security level that would permit him to go onto the grounds or into the community. Qualitatively, St. Joseph's has that to offer to him which is not available to him at Waypoint.
Mr. Whillier put to Dr. Mishra that Mr. Tait is fearful of going to St. Joseph's Hospital because of what happened when he was there previously. Mr. Whillier inquired whether Dr. Mishra has considered transfer to another hospital. Dr. Mishra responded that no other Rule 13 requests have been made and Mr. Tait had not expressed to him his interest in any other hospital. However, if this transfer were not granted, other hospitals could be canvassed. Both CAMH and Ontario Shores are in the vicinity of Toronto where Mr. Tait’s sister lives.
Dr. Mishra was asked if Mr. Tait’s risk would be elevated if he was transferred. He responded that with any change in environment there is a slight elevation in risk. This stems from changes in the environment, the patient mix, unfamiliar surroundings and that it takes time for staff to get to know him. All of this must be factored in when any person is transferred, and it would be important to give Mr. Tait space and time to adapt.
Dr. Mishra was asked about the neurological decline and indicated that there are now a lot of things that Mr. Tait is unable to do. Superficially, Mr. Tait can come across as more functional, but Dr. Mishra noted that St. Joseph's has a full compliment of psychologists and there might be an opportunity for additional neurological assessments because they have greater resources. Dr. Mishra responded to questions indicating that antisocial personality disorder is no longer an element of Mr. Tait’s diagnosis. Mr. Tait furthermore is capable with respect to medication.
Dr. Mishra testified that Mr. Tait's behaviour when at St. Joseph's suggested a deterioration in his neurocognitive status, marked by increasing isolation. It does not appear in a hospital record that there was a sudden event that suggested the change but rather at the end of a treatment year due to his increasing isolations they sought his transfer to Waypoint. His behaviour was notably different than many of those who are transferred to this location. His incidents of running out and smacking someone when feeling under threat were relatively frequent but not of severe intensity. He was more withdrawn and stood out from the regular population on these bases. Staff also noticed that he was hoarding food which was another negative behavioural indicator. As the clozapine doses were increased there has been a positive difference in his hypervigilance. Working with the occupational therapist and other activities are also helping Mr. Tait.
Submissions
Ms. Newman, on behalf of the hospital, submitted that based on the evidence in the Hospital Report and the testimony of Dr. Mishra, Mr. Tait is a significant threat. She noted Dr. Mishra’s surprise that Mr. Tait is now opposed to the transfer because at the pre-Board hearing he expressed that he wanted it. He has support from his sister including visits. While he may be fearful of a transfer that is not unusual. It would take a lot of time for a bed to become available and the transfer to St. Joseph's to take place. The team could prepare Mr. Tait by assisting him to manage his fears and with developing a relationship to his new team. She submitted that remaining at Waypoint, a high secure facility, is not the disposition that is the least onerous and least restrictive. Mr. Tait's crisis prevention plan can be adopted elsewhere. There are staff available and occupational therapists, and it is felt that he could be successful at another facility.
Ms. Curry, on behalf of the Crown, supports Mr. Tait remaining at Waypoint on his current unit, Awenda. She submitted that the Crown still has concerns with respect to his risk to vulnerable female co-patients. She appreciates he has not acted out sexually to staff but that is different than a situation where there are vulnerable co-patients. His index offence is a sexual offence, and he had a prior sexual assault offence in 2002. She submitted there was good reason for his transfer here in 2022 and it has not been that long a period. She submits that another year of stability would be appropriate and then a transfer to St. Joseph's could be considered if he was more comfortable. She submitted it is not appropriate to transfer him to a place where he feels fear because of the ongoing risk that he would act out in order to return to Waypoint.
Mr. Whillier, on behalf of Mr. Tait, submitted that it is inappropriate to transfer him to St. Joseph's. Mr. Tait opposes the transfer as does St. Joseph's. He submitted the risk is too high to affect a transfer.
Analysis and Conclusion
The evidence fully supports a finding of significant threat. This is the joint position of the parties, and we independently make that finding.
The Board debated in depth the issue with respect to the appropriateness of the transfer. It appears on the evidence before us that Mr. Tait could likely be managed at St. Joseph's and does not require necessarily the high security level of Waypoint. He has shown improvement regarding impulsivity and some greater ability to be less hypervigilant and isolated.
It is a serious concern to the Board, however, that Mr. Tait does not want to go to St. Joseph’s Hospital. If he were transferred unwillingly it appears from the evidence that he would be fearful regardless of efforts made by his team in the intervening months. Based on Mr. Tait’s history and cognitive decline the Board finds that he is apt to have a great deal of trouble adjusting following the transfer and in light of his ongoing mental deterioration, he may be less able to adapt to the change in environment.
It is also the view of the Board that Mr. Tait's quality of life would decline at St. Joseph's hospital. Mr. Tait is comfortable at Waypoint. Given his position we find on all the evidence he would likely have trouble adjusting and become more isolated. If Mr. Tait regressed and again became more reactive, he would likely spend time at St. Joseph’s in seclusion. The possibility referred to by Dr. Mishra of Mr. Tait sometime in the future advancing to the point of having greater liberties is remote.
We consider the goal to further reintegrate Mr. Tait but we do not want to take steps that would set him back in his reintegration.
It is also our duty to consider the needs and desires of the patient. Mr. Tait does not want to transfer to St. Joseph’s hospital.
It is our finding that the necessary and appropriate Disposition is that he remain on his current Disposition at Waypoint. That would allow the hospital in the upcoming year to spend time with Mr. Tait to assist him in becoming ready for a transfer to another facility to which he wishes to be transferred. The hospital would have the opportunity during that time to consider both CAMH and Ontario Shores, facilities that are nearby to his sister and at which Mr. Tait has no history that causes him increased concern. These hospitals, too, may be more willing to accept the transfer.
The Board appreciates the Crown Attorney’s concerns with respect to the index offence and movement to a coed facility but does not rely on that issue in making our decision. The index offence and the prior record are extremely dated at this point and Mr. Tait has shown no untoward behaviour towards females.
We make this disposition in consideration of the primary factor, protection of public safety, Mr. Tait’s mental condition, his reintegration into the community and his other needs.
DATED this 15th day of December 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Fromstein
Alternate Chairperson
Office of the Registrar
Ontario Review Board