Re: Michael Spence
(DOB: 15.11.88)
ORB File No: 6048
Hearing held on: Wednesday, January 22, 2025
Place of hearing: Thunder Bay Regional Hospital
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. G. Eayrs
Dr. M. Green
Hon. E. Kruzick
Mr. A. Mete
Parties Appearing:
Accused: Michael Spence
Counsel: Ms. E. Morris
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Ms. S. Frenette
REASONS FOR DISPOSITION
(Dated February 3, 2025)
On January 25, 2012, Michael Spence was found not criminally responsible on account of mental disorder on charges of aggravated assault and failure to comply with probation order. Mr. Spence is currently subject to a Disposition of the Ontario Review Board dated February 8, 2024. That Disposition included a number of prohibitions and a number of privileges including the privilege “to live in the community in supervised accommodation approved by the person in charge.”
On Wednesday, January 22, 2025, the Ontario Review Board convened an in-person hearing at Thunder Bay Regional Health Sciences Centre (TBRHSC) and conducted the annual review of Mr. Spence’s disposition.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Davidson appeared for TBRHSC. She advised of the hospital position that Mr. Spence remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate disposition is the continuation of a Detention Order with exact terms set out in last year’s disposition, but with the addition of a travel pass permitting Mr. Spence to travel in Northern Ontario for up to seven days. In response to a question from the Alternate Chair, such pass is to be indirectly supervised.
Ms. Frenette appeared for the Attorney General. She anticipated supporting the hospital’s recommendation.
Ms. Morris appeared for Mr. Spence. She also advised that she and her client support the hospital’s position. In response to a question from the Alternate Chair, Ms. Morris acknowledged that at the present time, she and her client accept that he remains a significant threat to public safety as that term is used in the jurisprudence, and at the present time the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms set out in last year’s disposition but with the inclusion of a seven day travel pass to Northern Ontario.
Index Offence:
- The allegations giving rise to the index offence are set out in the Hospital Report dated December 30, 2024, as follows:
“ On November 8, 2011, the Nishnawbe Aski Police received a call request to attend from Hearst Ambulance Service in regards to a male subject stabbed at location. Police attended the residence of 6 Ma-chitch, Constance Lake, and entry was made via the front and rear doors. The accused was located seated on the couch in the living room. A sweep of the upstairs was conducted at which time no other persons were located. Police located the victim, TW, in the basement of the residence. The victim suffered a stab wound to his left side lower abdomen. The victim reported that his brother, the accused, had stabbed him with a black handle knife. The accused was arrested for assault with a weapon. The accused advised that the knife used in the stabbing was placed in the kitchen sink. The suspect was removed from the residence where he was placed in the rear of the police vehicle. The knife was seized by police.”
Evidence at Hearing:
The Board admitted into evidence the Hospital Report dated December 30, 2024. The Hospital Report provides a great deal of information concerning Mr. Spence’s personal history, his mental health history, details of the index offence, details concerning prior criminal conduct, and Mr. Spence’s course in hospital and in the community subsequent to the date of the finding of not criminally responsible. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these reasons.
We do note, however, the stated diagnoses of schizophrenia, alcohol use disorder, cannabis use disorder, cocaine use disorder, and synthetic cannabis use disorder.
In addition to the documentary evidence, the Board heard from Dr. Leinonen. Dr. Leinonen has been following Mr. Spence since August 1, 2024. The doctor noted that “it has been a pleasure” dealing with Mr. Spence.
The doctor provided one update. Mr. Spence had been living at Andras Court for a period of time. His initial stay at Andras Court was pursuant to a number of consecutive Leaves Of Absence. However, on October 9, 2024, Mr. Spence was discharged from hospital and directed to continue living at Andras Court.
Dr. Leinonen was then asked about the reason for the proposed new travel clause. Dr. Leinonen noted that Mr. Spence has many family members in Constance Lake, which is in Northern Ontario. The doctor was aware and advised that on some of the previous trips to Constance Lake, Mr. Spence did use substances. The doctor testified that Mr. Spence did not engage in any aggressive conduct while on a recent visit to Constance Lake.
Ms. Frenette suggested that Mr. Spence’s mother lives in Constance Lake. The doctor was not sure, but was prepared to accept that. Ms. Frenette then asked the doctor whether he was aware that Mr. Spence’s mother had been convicted of a serious criminal charge, and the doctor simply stated that he was not aware of that fact.
Ms. Morris asked the doctor what he would like to see before the doctor would be prepared to recommend a Conditional Discharge or an Absolute Discharge. The doctor would like to see an extended period of appropriate conduct without use of substances, and more importantly, that Mr. Spence be internally motivated to discontinue using substances.
The doctor, in his evidence, suggested that Mr. Spence could be ready to move into independent living at some time over the next 12 months.
The Alternate Chair pointed out to the doctor that there was a joint recommendation for the continuation of the Detention Order and with the addition of a travel clause. The Alternate Chair pointed out that last year’s disposition permitted living in the community in “supervised accommodation.”
Ms. Davidson asked for the opportunity to meet privately with the doctor, and that was granted.
No further evidence was heard at this hearing.
Final Submissions:
Ms. Davidson, in her final submissions, asked the Board to accept the doctor’s evidence and opinion that at some point over the next 12 months, Mr. Spence would be ready to live independently in the community. She did acknowledge the Hospital Report dated December 30, 2024, approved by Dr. Leinonen, Ms. Davidson, and the designated Person in Charge of TBRHSC supported community living in “supervised accommodation”
Ms. Frenette opposed the request to permit community living simply in approved accommodation. It was raised for the first time in argument. Ms. Frenette appropriately pointed out that she would have had many more questions to ask had there been a timely request of the new hospital position. Ms. Frenette noted a lengthy history of inappropriate conduct and submitted the Board should not accept Dr. Leinonen’s opinion that Mr. Spence will be ready to live in the community simply in approved accommodation.
Ms. Morris requested that the Board accept the doctor’s evidence on this issue. In the alternative, if the panel was not prepared to grant community living simply in approved accommodation, Ms. Morris asked the Board to direct that there be a hearing held within six months of today’s date.
Findings of the Board:
As noted, at the commencement of the hearing the Board was presented with a joint recommendation by the parties for a continuation of the Detention Order with the terms set out in last year’s Disposition and with a request for an additional community pass. We accept that Mr. Spence remains a significant threat to public safety.
Again, as noted, Ms. Davidson, in her final submissions, requested that the Board consider community living to be simply in approved accommodation. Accordingly, there were two issues to be determined by the panel.
The panel has unanimously concluded that our disposition shall include a community living clause “in supervised accommodation.” That was the position set out in the Hospital Report dated December 30, 2024. That was the position at the commencement of the hearing when the parties provided their positions to the Board. The panel is unanimous that public safety requires the community living clause to be in supervised accommodation. We agree that Ms. Frenette was prejudiced by the late switch in the hospital’s recommendation. We agree that not only Ms. Frenette, but also panel members would have had many more questions on the issue of the type of community living. As noted, the Hospital Report is dated December 30, 2024, and was presumably approved by Ms. Davidson, Dr. Leinonen, and the Person In Charge.
The panel accepts the evidence that since moving to Andras Court, Mr. Spence has apparently not used substances and has lived appropriately. We are aware that Andras Court is supervised accommodation. On the evidence, we do not accept that Mr. Spence will be ready to live independently at any point over the next 12 months. We note that Mr. Spence’s successful abstention of substance use over the last seven months took place while he was detained in hospital and, after October, while being detained at Andras Count, a supervised accommodation. Accordingly, we will continue with the requirement to live in supervised accommodation.
We also are not prepared to direct Mr. Spence’s next hearing to be conducted six months from now.
The panel is prepared to include a new travel pass. We will include the ability to travel to Northern Ontario for up to seven days, potentially indirectly supervised, but any travel is to be subject to Mr. Spence receiving the prior approval of the Person In Charge of the hospital, or his or her designate.
In reaching our disposition, the Board has taken into consideration the safety of the public, Mr. Spence’s mental condition, his other needs, and his potential reintegration into society.
DATED this 3rd day of February 2025, at the City of Toronto, in the Toronto Region.
Joel Goldenberg
Alternate Chair
Office of the Registrar
Ontario Review Board