Re: David Charbonneau
ORB File No: 8359
Hearing held on: Tuesday, November 25, 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: David Charbonneau
Counsel: Ms. M. Perez
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
On July 26, 2023, David Charbonneau was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault and assault causing bodily harm, contrary to the Criminal Code of Canada (the “Criminal Code”).
Mr. Charbonneau is currently subject to a disposition of the Ontario Review Board (the “Board”) dated November 19, 2024, detaining him at the High Secure Provincial Forensic Programs, Waypoint Centre for Mental Health Care, with privileges up to and including the ability to access the hospital grounds, escorted by two staff.
On November 25, 2025, a panel of the Board convened to hold a hearing to review Mr. Charbonneau’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Charbonneau was present for his hearing and was represented by counsel throughout the proceedings. Mr. Charbonneau’s parents also attended his hearing.
The issues to be determined are whether Mr. Charbonneau 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.
At the commencement of the hearing, the representative for the hospital submitted that Mr. Charbonneau remains a significant threat to the safety of the public and there should be no change to his disposition. Counsel for the Attorney General agreed with the hospital’s submission. Counsel for Mr. Charbonneau advised that Mr. Charbonneau wished to take no position. All parties maintained their respective positions in closing submissions.
For the reasons set out below, the Board finds that Mr. Charbonneau 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
- The Board received documentary evidence in the form of a Hospital Report dated October 8, 2025, and marked as Exhibit 1. The Board also heard viva voce testimony from Dr. Bunker, Mr. Charbonneau’s treating psychiatrist.
Index Offences
- The circumstances of the index offences are excerpted from last year’s Reasons for Disposition, as follows:
“On March 1st, 2023, the accused was apprehended under section 17 of the Mental Health Act by Ottawa Police and was taken to the Montfort Hospital. The accused was placed on a form 1. On Friday March 3rd, 2023, the accused began to circle security staff stating he wanted to punch them and was going to do whatever he could to go to jail. The accused punched security guard (victim 1) multiple times and also punched security guard (victim 2) causing him to bleed from his noise and require medical attention in the ER. Due to the violent tendencies of the accused, it was determined that the treatments required by the accused were beyond what they could offer at the Montfort Hospital. The accused’s psychiatric needs were more appropriate for a secure forensic unit. Based on the several incidents of violence towards the staff at the Montfort Hospital the accused was discharged. The Accused was arrested for 1 count of assault and 1 count of assault causing bodily harm.
Background History
The Hospital Report outlines Mr. Charbonneau’s history and background and need not be repeated in detail. In brief, Mr. Charbonneau is 28 years old. He was born in Ottawa. He is an only child and grew up in Ottawa together with his parents. He has described himself as an introvert who struggled socially. At the time of the index offences, he continued to reside with his parents. Mr. Charbonneau completed high school and was awarded a bursary to study physics at the University of Ottawa. Mr. Charbonneau attempted to complete his studies without success. He last attended university in 2018.
Mr. Charbonneau has a limited employment history. He last worked in 2021 and is supported by the Ontario Disability Support Program. Mr. Charbonneau is single with no dependants. Prior to the index offences, Mr. Charbonneau had no criminal record. Mr. Charbonneau has a history of substance use starting when he was in high school.
Mr. Charbonneau’s first psychiatric admission was in February 2018. Concerns at the time of admission were three years of mood fluctuations, including periods of depression and episodes suggestive of mania, however these were in the context of stimulant use. He was admitted in acute psychosis with paranoid and referential delusions, possible auditory and visual hallucinations. At the time of admission, Mr. Charbonneau was also using cannabis once a week, binge drinking, and indulging in recreational stimulant use. In 2018, Mr. Charbonneau attempted suicide on two occasions.
At the end of December 2022, Mr. Charbonneau stopped taking psychiatric medication. Mr. Charbonneau reports not being able to remember what happened over the next few months leading up to the index offences. Hospital records indicate that Mr. Charbonneau was hospitalized at the Montfort Hospital from January 25 to February 27, 2023, while experiencing psychosis due to having stopped his long-acting injection.
On March 1, 2023, Mr. Charbonneau was again admitted to the Montfort Hospital because of aggression towards his parents. A Form 1 was issued. Mr. Charbonneau required police and security officers to assist with placing him in restraints and was given chemical sedation. It was during this admission that the index offences took place.
On November 19, 2024, the Board issued a disposition detaining Mr. Charbonneau at Waypoint, due to his increasingly aggressive and unmanageable behaviour toward staff. Mr. Charbonneau was admitted to Waypoint on November 21, 2024. Since his admission Mr. Charbonneau has required seclusion for more than seven days on three occasions (November 21, 2024, to May 22, 2025, July 19, 2025, to September 11, 2025, and September 26, 2025, to November 15, 2025).
Mr. Charbonneau is currently diagnosed as suffering from schizoaffective disorder, bipolar type, attention deficit hyperactivity disorder, predominantly inattentive presentation.
Evidence and Analysis
The Board accepts the evidence of Dr. Bunker supported by the Hospital Report and finds that Mr. Charbonneau continues to represent a significant threat to the safety of the public.
Mr. Charbonneau’s first year at Waypoint has been marked by instability. Mr. Charbonneau continues to present with auditory hallucinations, paranoia, thought insertions, ideas of reference and disorganized thinking and behaviour. Mr. Charbonneau has not remained stable long enough to manage outside of seclusion for more than two months at any one time. He remains psychotically unwell, and his risk of violence directly flows from his psychosis. Mr. Charbonneau’s insight remains underdeveloped. Likely due to his psychotic burden, he does not appear to appreciate the severity of his mental health challenges or the necessity for treatment and the consequences of a lack of treatment. For these reasons, the Board finds that Mr. Charbonneau continues to represent a significant threat to the safety of the public.
The Board further finds that Mr. Charbonneau’s current disposition remains necessary and appropriate. Mr. Charbonneau has demonstrated considerable aggression since his arrival at Waypoint. His presentation has required the use of seclusion on three occasion and on each occasion, it has taken several weeks for him to become well enough for seclusion to end. Mr. Charbonneau has a lack of insight into the need for medication and the link between it and his risk for violence as demonstrated by his discontinuing his antipsychotic medication for several months leading up to the index offences and again leading up to his admission to the Royal Ottawa Hospital on July 12, 2024, and the violent behaviour that ensued and necessitated his transfer to Waypoint. Furthermore, although there appears to be some improvement recently, Mr. Charbonneau is reported to remain guarded with the treatment team which impedes his ability to develop insight.
In the Board’s view, it is important to Mr. Charbonneau’s recovery that he be in an environment where the staff have the resources and training to use seclusion appropriately (and only when there is no viable alternative), rather than remain in a less secure environment where the only recourse to manage his risk to the safety of the public is the repeated use of mechanical and chemical restraints. For the above reasons, the Board finds that detention at the High Secure Provincial Forensic Program at Waypoint remains necessary and appropriate.
Notwithstanding, the challenges that Mr. Charbonneau is facing, he is beginning to make some progress. There have been recent changes to his long acting injectable paliperidone. He is now being given a lower dose every three weeks to address both his side effects and his symptoms. Whilst early, there seems to be some improvement. Since Mr. Charbonneau’s last restriction of liberty (which ended on November 15, 2025), Mr. Charbonneau is demonstrating more transparency and willingness to take medication. Mr. Charbonneau remains on the forensic assessment program (FAP) awaiting a bed on Beckwith B where there is a dedicated seclusion staff relief team to assist Mr. Charbonneau should it be required. The focus is on treating Mr. Charbonneau’s psychosis
and the goal is for Mr. Charbonneau to transfer back to Ottawa in the following year, assuming he is optimally treated.
- Notably, despite the heavy psychotic burden that Mr. Charbonneau struggles with, he is described by staff and patients alike as a well liked affable, funny person and is often invited to join activities by co-patients. Mr. Charbonneau is highly intelligent. He has a very supportive family, and his parents who live in Ottawa, visit with him by zoom weekly and have visited 26 times in-person during the year in review. These are protective factors which speak well of Mr. Charbonneau and will stand him in good stead going forward.
Disposition
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.
For the foregoing reasons, the Board finds that Mr. Charbonneau 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
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Office of the Registrar
Ontario Review Board