Re: Kaylynn Gaspar
ORB File No: 6716
Hearing held on: Wednesday, November 26, 2025
Place of Hearing: Ontario Shores Centre for Mental Health Sciences
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. S. Chatterjee
Dr. M. Kalia
Mr. G. Beasley
Ms. B. Little
Parties Appearing:
Accused: Kaylynn Gaspar
Counsel: Ms. J. Boissonneault
The Person in charge of Hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated December 31, 2025)
Introduction
On March 16, 2015, Kaylynn Gaspar was found not criminally responsible on account of mental disorder (NCR) on charges of dangerous operation of a motor vehicle and failure to stop at scene of an accident, all contrary to the Criminal Code. She is currently subject to a disposition of the Ontario Review Board (the Board) dated December 9, 2024 ordering that she be detained within the Forensic Program at Ontario Shores Centre for Mental Health Sciences (the Hospital) with privileges up to and including residence in the community in accommodation approved by the person in charge.
On Wednesday, November 26, 2025, the Board convened a hearing to review Ms. Gaspar’s disposition pursuant to section 672.81(1) of the Criminal Code. Ms. Gaspar was present at the hearing and represented by counsel Ms. Boissoneault. Ms. Gaspar’s parents were also in attendance.
The issues to be determined at the hearing were whether Ms. Gaspar continued to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least restrictive and least onerous taking into account the factors set out in section 672.54 of the Criminal Code.
Initial Positions of the Parties
At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that it was the position of the Hospital that Ms. Gaspar continued to constitute a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current detention order with the amendment of terms 1(e) and 1(f) to allow for 72 hour passes into the community.
Both Counsel for the Attorney General and Counsel for Ms. Gaspar supported the Hospital recommendation. Counsel for Ms. Gaspar specifically conceded the issue of significant threat.
Evidence at the hearing
- The evidence at the hearing consisted of the Hospital Report and the oral evidence of Dr. Chuong, Ms. Gaspar’streating psychiatrist.
Findings:
- For the Reasons that follow, the Board finds that Ms. Gaspar continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the amendment of terms 1(e) and 1(f) to allow for 72 hour passes into the community.
Index Offences:
- The allegations surrounding the index charges as summarized in the last year’s reasons for disposition are as follows :
Charge 1 – Dangerous Operation of Motor Vehicle
On August 22, 2014, at the City of Oshawa in the Region of Durham Ms. Kaylynn Gaspar did operate a motor vehicle on a highway in a manner dangerous to the public contrary to the Criminal Code.
Ms. Gaspar was operating a Pontiac Sunfire on Bloor Street West in Oshawa Ontario. Her speeds were excessive when she went off the roadway striking a house and damaging a natural gas main causing the house and vehicle to catch fire. Damage in the area was extensive.
According to a statement provided to police, Ms. Gaspar indicated that she had blacked out.
Charge 2 – Failure to Remains at an Accident Scene
On August 22, 2014, at the City of Oshawa in the Region of Durham, Ms. Kaylynn Gaspar having the care and control of a vehicle to wit a Pontiac Sunfire that was involved in an accident at 207 Bloor Street West Oshawa with intent to escape civil or criminal liability did fail to stop her vehicle, give her name and address, contrary to the Criminal Code.
Ms. Gaspar ran away from the scene eluding police until she attended the police station several hours later.
- The NCR assessment filed with the court at her NCR hearing contains a summary of statements made to police by Ms. Gaspar the morning after the incident with respect to her recollection of the events surrounding the incident as follows:
She indicated to the sergeant that she had, “blacked out when I was driving and woke up.” She stated that she had been at a “random friend’s” house the night before but declined to name the friend. She denied having used any alcohol or substances on the night prior to the index offences.
When canvassed regarding any triggers for her behaviour on the night of the index offences, Ms. Gaspar stated, “I do suffer from mental illness…” She agreed that she was under stress and stated, “I was having bad symptoms and I blacked out I guess.” When asked if she had wanted to harm herself, she stated, “I don’t remember.” She was asked regarding her mental health diagnosis and she identified this as Schizophrenia. She stated that she had been taking medications, but that she had stopped these a few months prior. When asked how that had gone, she stated, “Not good.”
She reported that she remembered going to the gas station, but did not recollect anything between leaving the gas station and the accident. She stated that she then, “woke up and the car was engulfed.” She ran away, went to a stranger’s home and attempted to phone her father, and was planning to tell him what had happened but “I hung up.” She then spent the night “curled up in a bush. I waited for morning and then I came here.” She denied again that she had been drinking on the night of the index offences.
Ms. Gaspar did not want anyone to call her friend, Tara, who had been with her at the material time, and declined to give Tara’s last name, stating, “I don’t remember.” She stated that she ran away from the scene because she was “scared.” When asked if anything had triggered her to “black out,” she stated, “not that I know of.”
When asked regarding her behaviours at the gas station, Ms. Gaspar reported that she was trying to pour gasoline on herself but, “I don’t really remember…I remember struggling with my friend.” When asked if she had been in an argument with Tara, she agreed with this statement. When asked why she had informed the individual at the house that she stopped at that someone was chasing her she stated, “I don’t know…I made up a lie.” She reported that she had a very poor memory, but denied that she had left anything out of her narrative purposefully and stated that she had been fully truthful. There was no obvious evidence of Ms. Gaspar attending to stimuli during the interview, although on one occasion, when sitting alone prior to the officer entering, she was observed to inspect her knees and her feet intently, and to touch her right and left side as though comparing them.
Background Information Regarding the Accused:
- As of the date of the hearing Ms. Gaspar was 37 years of age and grew up in Whitby. She completed grade 12 although she reports skipping a lot of school starting when she was 16 but was never suspended or expelled. She attended the University of Guelph for three years studying English and history and then transferred to the University of Toronto Scarborough Campus to complete her BA. She then took a one year course in book and magazine publishing at Centennial College. After completing that course, she completed a four month internship at McGraw-Hill–Ryerson and was then hired on a full-time basis. However, she did not remain at that job for very long due to mental health related issues. Subsequently she worked as an office clerk in her parents’ business.
Substance Use History
- Ms. Gaspar reported a history of alcohol and cannabis use dating from her teen years. In the year prior to the index offences, she was drinking a glass of wine three times a week and smoking cannabis daily except for brief periods when in a locked hospital unit or while vacationing with her family. She reported use of cannabis on the day prior to the index offences. She started using OxyContin in 2010 but states that she stopped in 2012 after an angel appeared to her and healed her of her addiction. She also used cocaine regularly starting when she was 18 and was using it three times a week prior to the index offences.
Legal History:
- Ms. Gaspar had no criminal convictions or findings of guilt prior to the index offences although a charge of possession of marijuana was withdrawn in 2011.
Psychiatric History
Ms. Gaspar was admitted to hospital with respect to mental health related issues on three occasions in 2012. The first admission, in June, was after her parents noted her to be behaving in a bizarre manner, religiously preoccupied and hearing voices. She also had been using OxyContin and cocaine as well as cannabis on an ongoing basis. She was diagnosed with acute psychosis, most likely drug-induced, however an underlying psychotic disorder such as schizophrenia was considered. She improved with treatment with antipsychotic medication and was discharged with a referral to the Early Psychosis Intervention Program (EPI) for follow-up.
Ms. Gaspar was readmitted to hospital in July 2012 after she had presented as psychiatrically unwell at an appointment with EPI expressing a delusion that the girlfriend of her ex-boyfriend was going to kill her family and that her cat was in danger. Upon admission she was observed to be responding to internal stimuli. Due to the persistence of psychotic symptoms, she was referred to Ontario Shores for management and transferred to the STEP program.
In August Ms. Gaspar was admitted to Ontario Shores and was described as harbouring delusions regarding “good and evil, that she had a special calling to improve the world, and that her ex-boyfriend was the antichrist”. She suffered from auditory hallucinations consisting of voices uttering derogatory marks. She also had a belief that the world was going to end due to a “prophecy”. She showed partial improvement with antipsychotic medication but continued to test positive for cannabis and cocaine which may have prolonged her psychotic symptoms.
Ms. Gaspar was discharged from Ontario Shores in October 2012 and was followed by the EPI program until the time of the index offences in August 2014. During that period of time, she continued to experience psychotic symptoms despite numerous changes in medications. She stopped taking a prescribed antidepressant in either the late spring or early summer of 2014 and it was unclear if she also stopped taking her antipsychotic medications as well.
Ms. Gaspar’s current diagnoses are:
Schizophrenia.
Cannabis Use Disorder, Moderate; and
Borderline Personality Disorder
Evidence of Dr. Chuong
- Dr. Choung indicated that:
She had been Ms. Gaspar’s attending physician since January 2024 and had read and adopted the contents of the Hospital Report.
She had no updates since the completion of the Hospital report but noted that there had been a change to Ms. Gaspar’s medications two months prior to the hearing. This was after she discontinued her antidepressant medication for 10 days while on vacation with her family in June 2025. Her mother notified the treatment team after their return and stated she stopped due to nausea and one episode of vomiting however, Ms. Gaspar later indicated that her mother encouraged her to stop due to the red dye contained in the medication.
Upon her return to hospital after the vacation, Ms. Gaspar decided not to restart an antidepressant but after several months reconsidered as her mood felt lower. She commenced treatment with fluoxetine which she has tolerated well without any concerns.
The treatment team was currently looking at discharge planning and that Ms. Gaspar was on a waiting list for Ballantyne house. However, the residence has a “sober living policy”. A medical prescription for cannabis may address any concerns the residence may have.
There have been no major changes in Ms. Gaspar’s mental status over the reporting year. However, there were some concerns with respect to her engagement in treatment, lack of motivation and occasional auditory hallucinations.
It was important that the hospital be able to approve and manage housing for Ms. Gaspar.
The recommended change in her disposition to allow for a 72 hour passes into the community was for the purpose to allow her to try out housing in the community.
In response to questions from counsel for the Attorney General Dr. Choung stated that Ballantyne House had 24 hour supervision and that Ms. Gaspar had obtained a prescription for cannabis from an external clinic and was scheduled to return to that clinic for a follow-up in February 2026.
In response to questions from counsel for Ms. Gaspar, Dr. Chuong stated that Ms. Gaspar had been compliant with her medications other than the antidepressant while on the vacation with her parents. In her opinion Ms. Gaspar required a gradual transition into the community. She also agreed that Ms. Gaspar had been found to be at the Alternative Level of Care stage (ALC) and was ready for discharge to appropriate housing.
In response to questions from panel members with respect to Ms. Gaspar risk Dr. Chuong advised that the team had concerns with respect to her operating a motor vehicle and impulsivity particularly when unwell.
Analysis and Conclusion, Significant Threat:
Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Ms. Gaspar continues to represent a significant threat to the safety of the public. She suffers from a long-standing major mental illness, schizophrenia, as well as a moderate cannabis use disorder and a borderline personality disorder. She continues to experience symptoms of her illness including “hearing voices”. Her insight into her major mental disorder was noted to fluctuate after she began using cannabis.
The Board notes that the most recent risk assessment indicates that with the current disposition, Ms. Gaspar’s risk is a low-moderate but that on a conditional discharge, her risk would increase to moderate.
The Hospital Report notes that:
The most likely re-offence scenario, considering addition of a community living clause, would be if Ms. Gaspar were to experience an exacerbation of her psychotic symptoms, most likely in relation to substance use (i.e., cannabis use, possibly cocaine use) or medication non-adherence. In this context, Ms. Gaspar may experience increasing auditory hallucinations and delusional beliefs of a persecutory nature. While Ms. Gaspar does not have a history of intentional physical aggression, her history suggests that she may engage in behaviour aimed at escaping or coping with her experiences which is reckless and with potential to cause serious harm to others (e.g., pouring gasoline on herself, dangerous driving at the time of the index offence). Based on her history, victims could include any persons who happen to be in her vicinity.
Analysis and Conclusion, Necessary and Appropriate Disposition:
- The Board also finds that the joint submission with respect to the necessary and appropriate disposition is well supported by the evidence. The Board agrees with the hospital that:
Ms. Gaspar still requires close monitoring by professional services for any signs and symptoms of decompensation of her mental health, proper adherence to her treatment, substance use relapse, and the use of maladaptive coping strategies secondary to her personality structure. The clinical team requires the ability to return Ms. Gaspar to hospital expeditiously should she become unwell, as such the provisions of civil commitment measures would not adequately address these risks. The clinical team also requires the ability to approve housing to ensure adequate support and supervision.
- Accordingly, the Board directs that the current detention order be maintained with the only change to the terms and conditions being the amendment of terms 1(e) and 1(f) to allow for a 72 hour passes into the community.
DATED this 31st day of December 2025, at the City of Toronto, in the Toronto Region.
Robert Bigelow
Alternate Chairperson
“ ____________________________
Office of the Registrar
Ontario Review Board ‘s