Re: Kevin J. Albrecht, 2025 CanLII 135655

Ontario Review Board

Re: Kevin J. Albrecht

ORB File No. 7745

Hearing Date: December 1, 2025

Hearing Location: St. Joseph’s Healthcare Hamilton, West 5th Campus

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

Before:

Alternate Chairperson: Ms. L. Banks

Members: Dr. M. Attia Dr. P. N. Wright Mr. E. Siebenmorgen Mr. A. Mete

Parties Appearing:

Accused: Kevin J. Albrecht Counsel: Mr. B. Hurst

The Person in charge of Hospital: Counsel: Mr. S. O’Brien

Attorney General of Ontario: Counsel: Ms. C. Gzik

REASONS FOR DISPOSITION

(Dated December 31, 2025)

Introduction:

1. On June 11, 2020, Mr. Kevin Albrecht was found not criminally responsible on account of mental disorder (“NCR”) for Criminal Code of Canada (the “Code”) charges of assault cause bodily harm, assault a peace officer, and fail to comply with a probation order.

2. He is currently subject to a Disposition of the Ontario Review Board (“ORB”) or the “Board”) dated December 11, 2024 which orders his detention within the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton (“St. Joseph’s” or the “hospital”) subject to a variety of terms and conditions, including the discretionary privilege of living in the community of Southern Ontario in accommodation approved by the person in charge of the hospital.

3. On December 1, 2025, the Board convened a hearing at the hospital to review Mr. Albrecht’s Disposition pursuant to s. 672.81(1) of the Code. Mr. Albrecht attended the hearing and was represented by counsel, Mr. B. Hurst.

4. The issues for the Board to decide are whether Mr. Albrecht is a significant threat to the safety of the public and, if so, what is the necessary and appropriate Disposition for the coming year based on a consideration of the factors in s. 672.54 of the Code.

5. For the reasons which follow, the Board finds Mr. Albrecht remains a significant threat to the safety of the public. The Board also concluded that the necessary and appropriate Disposition is that Mr. Albrecht be discharged subject to a variety of terms and conditions as set forth at the conclusion of these Reasons.

Positions of the Parties:

6. At the commencement of the hearing, all parties were canvassed for their initial recommendations to the Board. Counsel for the hospital submitted that Mr. Albrecht continues to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition is that he be discharged subject to a variety of terms and conditions as set forth below:

• he reside at Emmaus House in Hamilton;

• he report to the person in charge of St. Joseph's (“PIC”) or his or her designate, not less than once per week;

• he abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;

• he submit samples of his urine and/or breath to the PIC, or his or her designate, for the purpose of analyzing whether Mr. Albrecht has ingested alcohol, drugs or any other intoxicant;

• he refrain from having in his possession any weapon;

• on his consent, agree to take treatment/medication as prescribed by the PIC, or his or her designate, in accordance with s.672.55(1) of the Criminal Code;

• he advise the PIC, or his or her designate, in advance, of any absence from his residence of 24 hours or more;

• he notify, in writing, the PIC, or their designate and the ORB, 24 hours in advance of any change of address;

• upon notice by the PIC, he shall immediately submit to attendance at, and for readmission to, the hospital;

• upon notice, he attend before the ORB as required; and

• he shall keep the peace and be of good behaviour.

7. Counsel for the Crown supported the hospital’s recommendation.

8. Counsel for Mr. Albrecht conceded the issue of significant threat for the purposes of the hearing and advised that he was supportive of the hospital’s recommendation. He also advised that his client consents to a treatment condition.

9. All parties maintained their initial joint recommendation in closing submissions; however, the hospital indicated that in response to questions from the panel, the hospital would be content to amend the Young condition to read: “upon notice by the PIC, he shall immediately submit to attendance at, and for readmission to, the hospital”. The Crown and Mr. Hurst were content with that modification.

Index Offences:

1. The circumstances of the index offences are excerpted from last year’s Board Reasons dated December 27, 2024, as follows:

“On December 24, 2019 Mr. Albrecht violently assaulted an unknown man while he was standing on the steps of a homeless service in Brantford where he lived. Mr. Albrecht punched the victim numerous times and then threw him down the cement steps. Mr. Albrecht punched the victim five more times and kicked him twice in the head while he was on the ground. Mr. Albrecht then walked away without saying a word to the victim. About 40 minutes later the investigating officer located Mr. Albrecht a short distance away. Mr. Albrecht walked towards the police cruiser and began punching the driver’s side window. Police officers had to deploy a Taser for the safety of the public and Mr. Albrecht. At the time of these offences Mr. Albrecht was found to be subject to two separate Probation Orders that required him to keep the peace and be of good behaviour.

In his description of the index offences (included in the Hospital Report at page 32), Mr. Albrecht indicated that he exchanged words with the victim about having a cigarette, and that the victim responded to him in a rude manner, leading Mr. Albrecht to become angry and “lash out” violently. Mr. Albrecht had been using drugs at the time, which made him more aggressive and prone to “lashing out” physically. He was also experiencing racing thoughts of a paranoid and persecutory nature (“people were against me”), which included the victim and others.”

Personal Background:

1. The Board received the Hospital Report dated November 6, 2025 (the “Hospital Report”) and it contains considerable information regarding Mr. Albrecht’s personal background, criminal history, and his psychiatric history. As that document was entered as an exhibit at the hearing, those details need not be repeated here; however, we highlight the following relevant information below.

2. Mr. Albrecht is Indigenous and both his mother and maternal grandmother are residential school survivors. This has had intergenerational effects on the family and has had an impact on Mr. Albrecht’s early life experiences. There is a family history of suicide, psychiatric illness, substance abuse, and involvement with the criminal justice system. During his childhood, the family moved frequently, which meant frequent changes in schools. It is reported that Mr. Albrecht experienced physical and emotional abuse as a child and the Children’s Aid Society was involved in his care.

3. Mr. Albrecht was seriously injured at the age of twelve, when he was hit by a truck. He lost consciousness and shattered his leg and femur. It took a considerable length of time in hospital for Mr. Albrecht to recover from his injuries.

4. He did not complete high school, and his employment history consists primarily of work in sales and sanitation. He has been receiving Ontario Disability Support Program since 2018.

5. Mr. Albrecht’s daughter died in 2005, one day after her birth, which has had a profound effect on him.

6. Mr. Albrecht also has a son who was born in 2006, with whom he now has regular contact.

7. Mr. Albrecht has a significant history of substance abuse, which includes, abuse of alcohol, cannabis, cocaine, crystal methamphetamine, heroin, and fentanyl. He also became dependent on opiates which were prescribed for him following his accident in 1990.

Criminal History:

18. Mr. Albrecht reported that he has been incarcerated on many occasions, as a youth and as an adult. His criminal record begins in 2007 and includes multiple convictions for assault, assaulting a peace officer, assault cause bodily harm, uttering threats, possession of a weapon, theft, mischief, causing a disturbance, and failure to comply with probation orders.

Psychiatric History:

19. Mr. Albrecht’s first contact with psychiatric services occurred in 2006, and since then he has been admitted to hospital many times for psychiatric issues, most of which were related to substance abuse. This led to a decompensation of his mental condition, and presenting at various times with psychosis, mania, depression and bizarre behaviour. The Hospital Report indicates that there were many admissions to hospital when Mr. Albrecht was aggressive and combative, belligerent and assaultive, and chemical and physical restraints were required.

20. An admission to hospital in February, 2018, followed his threats to kill his parents. In March, 2018, he was admitted after assaulting his mother, and in August, 2018, he was admitted after threatening people on the street. In December, 2019, he was admitted after assaulting a person outside a shelter in Brantford. When in the community, he has a history of non-compliance with treatment, and not engaging with the psychiatric services that were made available to him.

21. Following his NCR finding, Mr. Albrecht was admitted to St. Joseph’s on June 11, 2020. His behaviour at that time was described as isolative. He did not participate in programming and infrequently left the unit. His random urine drug screens returned consistently negative.

Current Diagnoses:

22. Mr. Albrecht is diagnosed with:

Schizoaffective Disorder, Bipolar Type;

Cocaine Use Disorder, in remission; and

Stimulant Use Disorder, remission.

Evidence at the Hearing:

1. Dr. O. Kolawole testified at the hearing to supplement the documentary evidence before the Board. He advised that he has been Mr. Albrecht’s treating psychiatrist for the past five years. The doctor authored the Hospital Report and adopted the contents of the Hospital Report in his evidence. He advised that there were no material updates to the Report.
2. Dr. Kolawole reminded the Board that Mr. Albrecht was discharged to reside at Baldwin House on February 24, 2024, a residence operated by the Canadian Mental Health Association. At Baldwin House, staff support is present Monday through Friday during the day. Residents are responsible for completing assigned house chores and cooking a meal for the house once per week. They are also responsible for administering their own medications and blister packs are checked regularly to monitor for adherence. Mr. Albrecht remained at his baseline presentation, indicative of his medication compliance.
3. On August 15, 2025, Mr. Albrecht moved from Baldwin House to Transitional Housing and Rehabilitation Program (“TRHP”) at Emmaus Place in Hamilton. He has his own one-bedroom apartment. This is a transitional placement. He is responsible for his own meals and grocery shopping. TRHP staff are onsite 24/7 at Emmaus Place and he is required meet with them weekly and also attend at least one of their scheduled programs or outings per week. In terms of his medication, Mr. Albrecht must attend daily to get his oral medication from staff as per their program agreement.
4. Mr. Albrecht is also followed in the community by the hospital’s Forensic Outpatient Program (“FOP”). During his transition to Emmaus Place, his reporting with FOP was increased to twice weekly. He consistently attends his meetings with the FOP team on time and has not missed an appointment. The doctor stated that Mr. Albrecht has successfully transitioned to community living with the assistance of fairly intensive case management from FOP and staff support at Emmaus Place.
5. Mr. Albrecht’s long-term goal is to live independently in the Brantford community. To that end, his FOP case manager assisted him to submit applications for this housing. He is currently on their waiting list, which is anticipated to be years long. He was also assisted to apply for an Indigenous Status Card, which he received this year.
6. Mr. Albrecht is assessed as capable to consent to treatment and he is treated with a daily oral dose of the antipsychotic medication, Olanzapine, as well as a long-acting injection (“LAI”) of the antipsychotic medication Zuclopenthixol decanoate (Clopixol), which he receives every 14 days. In the doctor’s opinion, the symptoms of Mr. Albrecht’s illness have remained in remission under his current treatment regimen. In the doctor’s opinion, his medications are currently optimized. Mr. Albrecht tolerates his medications well.
7. Mr. Albrecht takes his oral medication independently and attends at the FOP clinic for his LAI. In March 2025, due to his feeling overly sedated, Mr. Albrecht’s oral medication was reduced with no deleterious effect on his mental state. The Hospital Report notes that Mr. Albrecht “has exhibited mild negative symptoms including blunted affect and amotivation, but these have not interfered with functioning or engagement.” He has still been well engaged in programming and his residual negative symptoms have not posed as a barrier to his engagement.
8. Mr. Albrecht presents as calm and cooperative and the Hospital Report indicates that “There has been no reported perceptual or thought disturbances and no evidence of such this reporting period. Mr. Albrecht consistently denies suicidal and homicidal ideation.” Further, Dr. Kolawole testified that there have been no incidents of aggression or violence over the past reporting year. In fact, the doctor stated that Mr. Albrecht has not incurred any new criminal charges since coming under the jurisdiction of the ORB.
9. In terms of his insight, Mr. Albrecht is able to identify his diagnosis and some of the symptoms of his mental illness. It is uncertain whether he would recognize early warning signs of his illness. He understands that medication is necessary but he expresses somewhat underdeveloped understanding of the need for treatment in perpetuity. He does however have a more fulsome understanding of the importance of abstinence in terms of maintaining his mental health. The loss of insight would be expected should Mr. Albrecht suffer a decompensation. The development of his insight has been a notable area of progress but it continues to require augmentation across many domains. The doctor commented that one of the areas of focus would be the development of protective factors, including engagement in daily structured activities in the community.
10. In terms of social supports, Mr. Albrecht keeps in touch with his brother and his mother who live in Brantford. He has gone to Brantford on day passes to visit family approximately three times this reporting period. Mr. Albrecht is also in frequent contact with his son who attends Niagara College. Mr. Albrecht recently had his son stay over at his new apartment at Emmaus Place and the visit went well.
11. Dr. Kolawole was asked if Mr. Albrecht is engaged or expressed any interest in Indigenous programming. Dr. Kolawole advised that Mr. Albrecht has engaged in some culturally relevant programming when detained in the hospital in the past and he is aware that such programming remains available should he be interested.
12. A Psychological Risk Assessment was completed by Dr. Sheridan in 2024 and it is still considered valid. The Assessment indicated that Mr. Albrecht’s risk for violent recidivism was estimated to be in the low-moderate (moderately-low) range under a Detention Order. The Hospital Report indicates that:

“Considering Mr. Albrecht’s clinical stability, engagement with treatment, abstinence from substances, and successful transition to semi-independent living, his current risk for violent recidivism is well managed under ongoing forensic supervision. If released from forensic oversight prematurely, his risk would increase due to potential decompensation associated with reduced structure, possible medication nonadherence, or relapse to substance use. However, under the current level of support and supervision, his risk is well managed. It is therefore the unanimous opinion of the treatment team that Mr. Albrecht continues to pose a significant threat to the safety of the public. However, his risk can now be safely managed under a Conditional Discharge, given his demonstrated stability, treatment adherence, insight, and consistent engagement with supports.”

35. If Mr. Albrecht were to be granted an Absolute Discharge today, Dr. Kolawole stated that he would relocate to Brantford and he would be likely to disengage from forensic services. At that point, he would be likely to become non-adherent to medications and/or engage in substance use. The likely result would be a relapse to symptoms of his illness with a significant rise in his risk profile. Dr. Kolawole stated that if not compliant with his medications, he would likely suffer a decompensation in his mental state within two to four weeks. Dr. Kolawole stated that it is precisely because of the structure, supervision and support of the ORB and the forensic system that Mr. Albrecht has progressed so well.

36. Over the year ahead, the team is hopeful that Mr. Albrecht will maintain medication compliance, abstinence from substances, engagement in programming, and will make efforts to become more independent. The treatment team would like to see Mr. Albrecht manage with a reduction in his reporting to once per week. The doctor thinks that his transition ultimately to the civil system must be a slow and structured process.

37. When asked if the prohibition on substance use was still necessary and appropriate, Dr. Kolawole stated that it is necessary. He suggested that the removal of the abstinence clause at this juncture would be premature given his history. He has only been out of hospital since February 2024 and the grant of a Conditional Discharge is a significant increase in Mr. Albrecht’s liberty. The doctor stated that the best way to support Mr. Albrecht’s continued progression is to proceed cautiously in terms of his ability to self-regulate his abstinence and that it is necessary and appropriate to include a condition mandating his abstinence at this juncture.

38. When asked by a panel member whether or not Mr. Albrecht would be likely to return to the hospital for assessment and readmission if requested by the hospital, Dr. Kolawole stated that he is not certain that he would comply as it would depend, in part, on the extent of his decompensation. The doctor stated that it is necessary to be able to rapidly intervene and require Mr. Albrecht to attend at hospital for a psychiatric assessment should he evidence signs of decompensation for any reason whatsoever. If the hospital found it necessary to readmit Mr. Albrecht, the doctor acknowledged that it would be necessary for Mr. Albrecht to meet criteria under the Mental Health Act. The doctor suggested that the inclusion of this condition could be of assistance in facilitating police assistance to effect Mr. Albrecht’s return to hospital.

39. No further evidence was called by the parties.

Analysis and Conclusions:

40. The Board finds merit in the joint recommendation that Mr. Albrecht continues to represent a significant threat to the safety of the public. We note that Mr. Albrecht has a significant history of criminal behaviours and that the index offences were violent, unprovoked, and unpredictable. Further, he is diagnosed with a major mental illness, Schizoaffective Disorder, Bipolar Type, and when he has experienced psychotic symptoms in the past (including: paranoia, bizarre and disorganized thought processes and delusions), he has become threatening, and violent. This pattern presented for many years as illustrated by his numerous hospital admissions. Further complicating Mr. Albrecht’s presentation was the fact that Mr. Albrecht had a significant history of substance use which has exacerbated his psychotic symptoms and diminished his ability to control his behaviour. Mr. Albright also had a concerning history of discontinuing his medication and treatment once he was discharged from the hospital. Medication non-adherence, together with his relapse to substance uses, often resulted in the re-emergence of his psychotic symptoms and episodes of violence.

41. The expert evidence indicates that should Mr. Albrecht be absolutely discharged at this juncture, his risk to public safety would be highly likely to increase “…due to potential decompensation associated with reduced structure, possible medication nonadherence, or relapse to substance use.” In the doctor’s assessment, Mr. Albrecht’s progression has been due, in large part, to the structure, support and close oversight of the forensic system. For all of these reasons, the Board finds that he continues to present as a significant threat to public safety.

42. Having come to the conclusion that Mr. Albrecht continues to represent a significant threat to the safety of the public, this Board must craft a Disposition which is necessary and appropriate, as well as least onerous and least onerous, in all of its terms and conditions.

43. Based on the totality of the evidence before us, the Board finds that the Mental Health Act is sufficient to manage Mr. Albrecht’s risk to public safety in conjunction with the proposed terms of a Conditional Discharge. Mr. Albrecht’s illness remains in remission and he continues to be adherent with his medication regiment. He receives his LAI every two weeks and it would become immediately apparent to his treatment team if he were to miss an injection. Furthermore, Mr. Albrecht is well-engaged and cooperative with the treatment team and he reports to the FOP, as required. To his credit, all of his urine drug screens over the year in review have returned negative for the presence of substances and Mr. Albrecht expresses good insight into the likely negative effects of drug use on his mental state. In all regards, his mental health has remained at his baseline.

44. In terms of the inclusion of a Young condition, in this panel’s assessment, based on the evidence presented, the inclusion of this condition is necessary and warranted in order to allow the hospital to rapidly return Mr. Albrecht to the hospital for a psychiatric assessment. However, we note that in such a circumstance, Mr. Albrecht would be required to meet criteria under the Mental Health Act in order to involuntarily detained in hospital.

45. Accordingly, the Board finds that Mr. Albrecht shall be discharged subject to the following terms and conditions:

• he reside at Emmaus House in Hamilton;

• he report to the person in charge of St. Joseph's (“PIC”) or his or her designate, not less than once per week;

• he abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;

• he submit samples of his urine and/or breath to the PIC, or his or her designate, for the purpose of analyzing whether Mr. Albrecht has ingested alcohol, drugs or any other intoxicant;

• he refrain from having in his possession any weapon;

• on his consent, agree to take treatment/medication as prescribed by the PIC, or his or her designate, in accordance with s.672.55(1) of the Criminal Code;

• he advise the PIC, or his or her designate, in advance, of any absence from his residence of 24 hours or more;

• he notify, in writing, the PIC, or their designate and the ORB, 24 hours in advance of any change of address;

• upon notice by the PIC, he shall immediately submit to attendance at the hospital for psychiatric assessment;

• upon notice, he attend before the ORB as required; and

• he shall keep the peace and be of good behaviour.

1. In making this Disposition, the Board has reviewed the provisions of s. 672.54 of the Criminal Code and has carefully considered the need to protect the public from dangerous persons, Mr. Albrecht’s mental condition, his reintegration into society and his other needs.

Dated this 31st day of December 2025, at the City of Toronto, in the Toronto Region.

Ms. L. Banks

Alternate Chairperson

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Office of the Registrar

Ontario Review Board