Re: Stephan Farmer
ORB File No: 7367/7919
Hearing held on: Wednesday, November 26, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Sections 672.48(1) and 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: Stephan Farmer Counsel: Ms. C Francis (via Zoom)
The Person in charge of Hospital: Representative: Ms. M. Kraftscik
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated December 22, 2025)
Introduction
On May 1, 2018, Stephan Farmer was found unfit to stand trial on charges of invitation to sexual touching under sixteen, sexual assault and fail to comply with probation, contrary to the Criminal Code of Canada (the “Criminal Code”). On July 2, 2021, Stephan Farmer was found unfit to stand trial on charges of utter a threat to cause death or bodily harm, and assault, contrary to the Criminal Code.
Mr. Farmer is currently subject to a disposition of the Ontario Review Board (the “Board”) dated November 26, 2024, detaining him on the all-male unit, Forensic Service of the Centre for Addiction and Mental Health (“CAMH”), Toronto, with privileges up to and including the ability to access hospital and grounds privileges accompanied by staff or a person approved by the person in charge. Until such time as he is transferred, authority remains with the Waypoint Centre for Mental Health Care - High Secure Provincial Forensic Programs with privileges up to and including the ability to access hospital and grounds privileges beyond the secure perimeter escorted by staff.
On November 25, 2025, the Board convened a hearing to review Mr. Farmer’s disposition pursuant to s. 672.48(1) and s. 672.81(1) of the Criminal Code. Mr. Farmer was not present for his hearing and was permitted to be absent pursuant to s. 672.5(10)(a) of the Criminal Code. Mr. Farmer was represented by counsel throughout the proceedings.
The issues to be determined are whether Mr. Farmer remains unfit to stand trial and whether he is likely permanently unfit. If likely permanently unfit, the Board must decide whether he is 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. Farmer remains unfit and that there should be no change to his current disposition except that reference to the all-male unit in his disposition should be removed. Counsel for the Attorney General agreed with the hospital’s submission. Counsel for Mr. Farmer took no position with respect to fitness but submitted that should he be found unfit, Mr. Farmer agreed with the hospital’s submission. All parties maintained their respective positions in closing submissions.
For the reasons set out below, the Board finds that Mr. Farmer remains unfit to stand trial and there should be no change to his current disposition except that the reference to an all-male unit shall be removed and Mr. Farmer shall be detained on the secure forensic unit at the Centre for Addiction and Mental Health.
Evidence at the Hearing
- The Board received documentary evidence in the form of a Hospital Report dated October 7, 2025, and marked as Exhibit 1. The Board also heard viva voce testimony from Dr. Mishra, Mr. Farmer’s treating psychiatrist.
Outstanding Charges
- The circumstances of the outstanding charges are excerpted from the Hospital Report and are as follows:
Index Offence of January 25, 2018
On January 25, 2018, the accused was at the Pizza Hut located within a strip mall plaza at 462 Birchmount Road. Sometime around 11:50 am, several students from D[…] School which is across the street from the Pizza Hut plaza, attended to have pizza for lunch. The accused accosted several students before coming across the victim and her friends.
The accused approached the victim and asked her if she “liked porn.” Shortly after that, the victim and her friends left the restaurant and went outside. Once outside, the accused began to scream and yell at the victim. One of the things the accused yelled at the victim was “come here and play with my cock” (Charge 1 & 2). The victim ran away with her friends and advised the principal of the school.
The accused was arrested and brought to 41 Division and investigated. The accused was found to be currently on probation with several conditions including “keep the peace and be of good behaviour” (Charge 3). The accused was held for a bail hearing.
Index Offence of December 5, 2019
On December 5, 2019, at approximately 11:45 a.m. BR and IS brought patient Stephan Farmer out of his secluded room and into a TV room in section Beckwith B at Waypoint Centre for Mental Health Care in Penetanguishene. Stephan remained in the TV room with members of the Waypoint Seclusion Relief Team which included BR, IS, CN, and AC. AT, who is a counselor, was also in the TV room and sat with Stephan and played the board game Rummycube with him. Stephan was also listening to music on a laptop computer. At one point, BR got up and put in earplugs because of the music Stephan was playing, as well as Stephan’s singing. Stephan became agitated because of this and told BR that he was going to kill him. After Stephan said this, IS got up to speak to Stephan, telling him to sit back down, drop it or go back to his room. Stephan was told he had to go back to his room. While being escorted back to his room BR held on to Stephan’s right arm, Stephan punched BR on his jaw, using his left hand.
The Hospital Report outlines Mr. Farmer’s history and background and need not be repeated here, in detail. Mr. Farmer is 62 years old. He was born in Toronto and is one of several children. Mr. Farmer never married and has no children. Mr. Farmer has a limited employment history. Mr. Farmer is financially supported by the Ontario Disability Support Program. Mr. Farmer experienced significant instability and was homeless for most of his adult life, although at times he lived with his mother.
Mr. Farmer has a criminal record commencing in 1981, consisting of property offences, fail to comply with court orders, narcotic offences, and violence. Mr. Farmer has a history of substance use that has impacted his mental health.
Mr. Farmer’s first contact with mental health services was in 2007. He was actively followed by a community-based ACT team from about 2011 to 2013. Prior to his outstanding charges, Mr. Farmer was admitted to hospital on three occasions in 2015. From October 22 to November 16, 2015, Mr. Farmer was assessed for fitness to stand trial at Ontario Shores Centre for Mental Health Sciences. Mr. Farmer was subsequently admitted on a treatment order to Waypoint on the same charges from December 18, 2015, to February 16, 2016. Mr. Farmer was again readmitted to Waypoint on May 25, 2016, on a further treatment order regarding the same charges with a court date of July 21, 2016. He remained unfit to stand trial and was remanded to the jurisdiction of the Board. On February 21, 2017, he had returned to fitness and on February 22, 2017, he was found guilty of assault with a weapon and weapons dangerous.
Mr. Farmer is diagnosed as suffering with schizoaffective disorder (bipolar type), and antisocial personality disorder. Mr. Farmer is incapable regarding medical treatment. His substitute decision maker is the Public Guardian and Trustee.
Analysis
The Supreme Court of Canada in R. v. Bharwani 2025 SCC 26 has recently held that to be fit to stand trial an accused must be able to make reality-based decisions in the conduct of their defence and intelligibly communicate these decisions to counsel or the court. This requires a reality-based understanding of the nature or object and possible consequences of the proceedings, as well as an ability to understand the available options and their consequences, and to select between those options when making decisions. The accused is not required to make decisions in their best interests, but cannot be overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder when making and communicating these decisions (para 77). The Court further stated that the key issue in most fitness hearings before the Board is whether the accused’s mental disorder prevents them from conducting a defence (para 33).
The “capacity” required to make these decisions includes “a reality-based understanding of the nature or object of the proceedings and their possible consequences, an ability to understand the available options and their consequences, and an ability to select between those options when making decisions (para 61). “Momentary” or “transient” symptoms that prevent an accused from making reality-based decisions will not render the accused unfit if the trial judge utilizes their inherent trial management powers to get the accused “back on track” (para 78). The Court also held that the fitness test is contextual (para 65). In Clayton (Re), 2025 ONCA 308, the Court of Appeal held that the nature of the charges and allegations is important context when applying the fitness test because, “the simpler the case is, the easier it is to understand, appreciate and talk about” (para 11).
Dr. Mishra testified that throughout the year in review Mr. Farmer’s presentation has remained largely unchanged. He continues to be dismissive of attempts to discuss his legal situation and will not engage with the treatment team regarding his outstanding charges. Mr. Farmer continues to experience a high burden of psychotic symptoms including paranoid, persecutory and grandiose delusions and often presents as internally preoccupied including mumbling to himself at times angrily.
Dr. Mishra testified that while Mr. Farmer may be able to understand the charges, his psychotic burden is such that he would not be able to participate in the court proceedings, nor would he be able to instruct counsel. Dr. Mishra met with Mr. Farmer the day prior to the hearing and Mr. Farmer was uncooperative in any discussion regarding his legal predicament and responded by saying that his charges are an Ontario government conspiracy.
While Mr. Farmer’s charges are not complicated, Mr. Farmer has been unfit to stand trial since 2018, and his psychotic symptoms continue unabated. In this context the Board finds that Mr. Farmer does not have a reality-based understanding of the nature or object and possible consequences of the proceedings, nor does he have the ability to understand the available options and their consequences, and to select between those options when making decisions. For these reasons, the Board finds that Mr. Farmer remains unfit to stand trial.
As indicated above, even in a controlled setting with some degree of medication adherence, Mr. Farmer continues to experience active psychosis and presents as irritable, paranoid and on occasion with grandiose delusions. Mr. Farmer has no known supports in the community. Nor does he have a residence to return to. Moreover, historically, substance use, and homelessness have been destabilising to Mr. Farmer’s mental health. Mr. Farmer requires the level of structure and support provided by a detention order to assist in bringing him to fitness. For these reasons, the Board finds that a detention order remains the necessary and appropriate disposition.
Mr. Farmer has not displayed any sexually inappropriate behaviour in the year in review, and the treatment team believes that he no longer requires an all-male unit. For this reason, the hospital is asking that reference to an all-male unit be removed from his disposition. The removal of this requirement may serve to expedite Mr. Farmer’s transfer to CAMH. The Board is in agreement that this is a necessary and appropriate change to his disposition.
The hospital is further recommending that Mr. Farmer be detained on the Forensic Service at CAMH. The Board has considered this recommendation and Mr. Farmer’s ongoing presentation (his propensity to be irritable and paranoid and offensive to people) and finds that the necessary and appropriate disposition is for Mr. Farmer be detained on a secure forensic unit at CAMH. In coming to this finding, the Board is mindful of Dr. Mishra’s testimony that, at least initially, a secure forensic unit would be the necessary and appropriate unit for Mr. Farmer. It is open to CAMH to call for an early hearing should it become clinically appropriate to transfer Mr. Farmer to a general forensic unit during the next year.
Mr. Farmer has been returned to fitness in the past. The Board remains hopeful that with ongoing support and fitness coaching Mr. Farmer may again be returned to fitness. Finally, the Board is also hopeful that Mr. Farmer’s transfer to CAMH may assist in facilitating Mr. Farmer’s contact with his mother.
Disposition
- For the foregoing reasons, the Board finds that Mr. Farmer is unfit to stand trial and there should be no change to his disposition, except as outlined in the formal 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