Re: David Jardine, 2025 CanLII 13622

Re: David Jardine

Re: David Jardine

(DOB: 07.06.86)

ORB File No: 6654

Hearing held on: Tuesday, January 14, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences

700 Gordon Street, Whitby

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

Before:

Alternate Chairperson: Mr. C. MacIntyre, K.C.

Members: Dr. K. Patel

Dr. W. Loza

Ms. C. Murray

Mr. S. Duffy

Parties Appearing:

Accused: David Jardine

Counsel: Mr. M. Schloss

The person in charge of hospital: Counsel: Ms. J. Szabo

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated January 27, 2025)

Introduction

1. On October 22, 2014, David Jardine was found not criminally responsible on account of mental disorder (“NCR”) on a charge of robbery – steals using threats of violence or violence, theft not exceeding five thousand dollars, and breach of s. 810 recognizance, contrary to the Criminal Code of Canada (the “Criminal Code”).

2. On January 14, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Jardine’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Jardine was ordered detained at the Forensic Program of the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the hospital”), with privileges up to and including living in the community in supervised accommodation approved by the person in charge.

3. Mr. Jardine was present for his hearing. He was represented by counsel, Mr. Schloss throughout the proceedings.

4. A Hospital Report dated December 16, 2024, was entered as Exhibit 1.

5. The issues to be determined are whether Mr. Jardine continues to represent 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.

6. For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Jardine continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition within the Forensic Program of Ontario Shores is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Jardine’s mental health, reintegration into society, and his other needs.

Current Psychiatric Diagnoses

7. Schizoaffective Disorder, bipolar type

Cannabis Use Disorder, in remission

Position of the Parties

8. At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, supported by counsel for the Attorney General, Ms. MacDonald, took the position that Mr. Jardine continues to represent a significant threat to the public and the necessary and appropriate Disposition is a continuation of the current Detention Disposition on the same terms as last year.

9. Counsel for Mr. Jardine conceded significant threat and agreed with the hospital’s recommendations.

Index Offence

10. The Hospital Report sets out the details of the circumstances surrounding the index offence. In brief, On September 5, 2014, Mr. Jardine stole a can of Coke from a gas station. He returned and punched the clerk in the head while stealing a package of cigarettes. At the time he was on a peace bond under s. 810 of the Criminal Code.

Background and History

11. The Hospital Report contains extensive information regarding Mr. Jardine’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.

12. Mr. Jardine is a 38-year-old single male. He completed his grade 12 education at the age of 23 with the help of the John Howard Society. At the time of his index offences, he was homeless.

13. Mr. Jardine worked at a variety of jobs, including in restaurants and grocery stores, with his longest period of employment being six months. Mr. Jardine is supported by Ontario Disability Support Program (“ODSP”).

14. Among his criminal charges spanning from 2007 to 2014, are assaults and sexual offences involving a minor.

15. Mr. Jardine is incapable of consenting to psychiatric treatment. His father is his substitute decision maker (SDM).

16. Mr. Jardine started seeing a psychiatrist at the age of six or seven. He was asked to leave home at the age of 15 due to his drug use.

17. Early psychiatric care was provided at the Shoniker Clinic. He had multiple psychiatric admissions at the Rouge Valley Health Centre for psychosis where in 2013 he kicked a nurse, resulting in charges.

18. On August 6, 2017, Mr. Jardine was transferred from Waypoint Centre for Mental Health to Ontario Shores. On September 13, 2023, Mr. Jardine was discharged to Skene House, a complex care home operated by Durham Mental Health Services. This is a 24-hour per day supervised house with four residents. Mr. Jardine has refused to engage in any programming through Durham Mental Health or Ontario Shores.

19. Mr. Jardine remains on the registered sex offenders list and has complied with all reporting requirements.

20. Mr. Jardine is in regular contact with family members. He has frequent visits from his aunt, father and grandmother. He occasionally sees his two sisters.

Course Since Last Disposition

21. Mr. Jardine is followed by Forensic Outpatient Services (“FOS”) at Ontario Shores and is seen up to three times per week by FOS staff. A Forensic Transitional Case Manager through Durham Mental Health Services also sees him approximately once per week.

22. At Skene House Mr. Jardine has been compliant with his medications, clozapine bloodwork, and urine drug screens.

23. Mr. Jardine’s food intake decreased significantly from May to August 2024, because of auditory hallucinations instructing him not to eat meat, that his food was “laced with animal genitalia and organ meats”, and his food was “sabotaged”. This led to an emergency room visit and admission to hospital.

24. Abilify was added to Mr. Jardine’s treatment plan in June 2024 in an attempt to reduce his psychotic symptoms. He has since become more open to discussing his psychotic symptoms and described his auditory hallucinations as “all day, every day”. On August 9, 2024, Mr. Jardine was admitted to the Forensic Assessment Unit (“FAU”) due to a decompensation in mental status and increase in sexually inappropriate behaviour. He was discharged back to the community on August 21, 2024.

Evidence at the Hearing

25. The Board had available to it the evidence and documents forming the Record, the Hospital Report, and oral evidence of Dr. Andrew Wang, Mr. Jardine’s psychiatrist and author of the Hospital Report.

26. Dr. Wang testified that Mr. Jardine struggles with his activities of daily living and self-care.

27. Generally, the group home where Mr. Jardine lives (Skene House) is considered transitional housing. However, if Mr. Jardine isn’t able to transition to other housing, Skene House will remain his residence.

28. A small dose of Abilify was added to Mr. Jardine’s medication regimen in June 2024, to try to reduce his persistent psychotic symptoms. His demeanor and mental state quickly changed. Staff noticed he had a paradoxical reaction, in that he seemed to present with more psychotic symptoms, which included odd religious and spiritually themed conversations. However, it may be that the Abilify caused disinhibition, making him more vocal about what was likely a pervasive and established delusional system. The team considered that this had worsened his symptom burden. The Abilify was discontinued and Mr. Jardine’s newly expressed symptoms subsided.

29. Mr. Jardine is not motivated and not interested in therapeutic programming.

30. Mr. Jardine is fully compliant with his medications and consistently provides bloodwork. He does not like taking clozapine but he continues to be compliant.

31. There have not been any adjustments to his medication regimen since trying to add Abilify in June 2024. Dr. Wang testified that he would consider a referral to the Medication Assessment Program for Schizophrenia (“MAPS”) at the Centre for Addiction and Mental Health. If he is readmitted to the hospital in the future, Dr. Wang would also consider genetic testing to determine his response to medications.

32. Antisocial Personality Disorder is not a part of Mr. Jardine’s current diagnoses.

Analysis and Conclusions

Significant Threat

33. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Jardine remains a significant threat to the safety of the public.

34. Mr. Jardine’s risk to the public stems from his major mental illness, schizoaffective disorder (bipolar type), which is chronic and treatment resistant. Although Mr. Jardine is compliant with treatment, he has ongoing auditory command hallucinations.

35. Mr. Jardine carried out the index offences while actively psychotic. He has criminal offences which involve violence and sexual offences.

36. Mr. Jardine has poor insight into his mental illness and treatment. If he was not supervised, he would be non-compliant with treatment and likely experience a resurgence of the full intensity of his psychotic symptoms, which would result in significant risk to the public, including further criminal offences causing serious physical and psychological harm.

37. Without the highly supportive housing and high level of mental health supports he is receiving, Mr. Jardine would likely disengage from treatment and have an exacerbation of symptoms, which would likely result in violence and criminal actions comparable to that which he historically displayed.

Necessary and Appropriate Disposition

38. In light of the Board’s finding of significant risk, it is charged with shaping a Disposition for the coming year.

39. A Detention Order is necessary to ensure that the hospital is able to approve his housing. To manage his risk to the public in the least onerous and least restrictive way, Mr. Jardine requires highly supportive housing to monitor his mental state, ensure compliance with medications, and provide structure.

40. Mr. Jardine continues to have active hallucinations, which he has described as “all day, every day”. The Mental Health Act is not sufficient to manage Mr. Jardine’s risk. The Board accepts the hospital’s evidence that Mr. Jardine would not have met the criteria for admission under the Mental Health Act this past reporting period until he had become more deteriorated, at which time his risk for violence would have been acutely elevated.

41. Mr. Jardine’s risk for violence is manageable with his current Disposition.

42. The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is a Detention Disposition within the Forensic Program at Ontario Shores, with no change to terms, as per the joint submission.

DATED this 27th day of January 2025, at the City of Toronto, in the Toronto Region.

Ms. C. Murray

Legal Member

Office of the Registrar

Ontario Review Board```