Re: Cheyanne Jacob
(DOB: 12.10.96)
ORB File No: 7373
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: Cheyanne Jacob Counsel: Mr. G. Iwasiw
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Mr. S. Down
REASONS FOR DISPOSITION
(Dated February 4, 2025)
Cheyanne Jacob was found not criminally responsible on June 20, 2018, on a charge of assault causing bodily harm. Ms. Jacob is currently subject to a Disposition of the Ontario Review Board dated December 19, 2023. That Disposition included the privilege of living in the community in accommodation approved by the person in charge. The panel is aware that Ms. Jacob has been living in Kasabonika for almost three years. She lives there with a number of family members.
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 Ms. Jacob’s Disposition. Ms. Jacob and her counsel, Mr. Iwasiw, appeared by videoconference. Mr. Down, representing the Attorney General, also appeared by video.
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 Thunder Bay Regional Health Sciences Centre, Mr. Down, for the Attorney General, and Ms. Jacob was represented by Mr. Iwasiw. Ms. Davidson, on behalf of the hospital, submitted that Ms. Jacob remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms as set out in last year’s Disposition. Mr. Down and Mr. Iwasiw were in agreement with the hospital’s position.
Outstanding Charges:
- The allegations giving rise to the outstanding charges are set out in the Hospital Report dated November 12, 2024, as follows:
“On Tuesday February 13, 2018, at Kasabonika First Nation, police received a call from Ruth JACOB requesting police to attend her house immediately as her daughter Cheyanne was yelling and screaming. Police could her a female in the background of the phone yelling.
CST Hector VECCHIO #1414 responded to the call at approximately 03:42hrs. The officer arrived on scene at approximately 03:51hrs and entered the residence. Upon entry, the officer observed that Roy Jacob and Ruth JACOB had Cheyanne pinned to the floor. CST VECCHIO placed Cheyanne in handcuffs and escorted her out of the residence. Cheyanne was placed in the back of the patrol unit for investigative detention. The officer went back inside the house and asked both Ruth and Roy about what happened. Roy stated that Cheyanne started acting up. Roy stated that Cheyanne bit him on the side of the head and punched her mother Ruth. CST VECCHIO observed that Roy had what appeared to be blood dripping down the right side of his head. CST VECCHIO attempted to speak with Ruth who was in the kitchen sitting on a chair with her head down. Ruth did not speak with the officer.
Roy stated that he was going to go to the nursing station to get his injury assessed. CST VECCHIO returned to the patrol unit and informed Cheyanne that she was under arrest for assault causing bodily harm and assault on her mother at approximately 03:53 hrs.”
Evidence at Hearing:
The Board admitted into evidence the Hospital Report dated November 12, 2024. The Hospital Report provides a great deal of information concerning Ms. Jacob’s personal history, her mental health history, details of the index offence, and Ms. Jacob’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, cocaine use disorder, cannabis use disorder, and alcohol use disorder.
In addition to the documentary evidence, the Board heard from Dr. Schubert. Dr. Schubert noted that his patient is currently 28 years old. She has been under the Review Board for approximately six and a half years. She has been living in Kasabonika with her mother, three sisters, and her 10-year-old son.
Ms. Jacob is followed by a community worker by telephone on a weekly basis, the doctor meets with Ms. Jacob via O.T.N. monthly, and she receives frequent psychotherapy from Dr. Lake. Dr. Schubert noted that unfortunately, Ms. Jacob misses some of her appointments.
Ms. Jacob suffers from schizophrenia, and when she becomes unwell, she becomes very disorganized and experiences symptoms such as auditory hallucinations.
Ms. Jacob is treated with depot medication which she receives every three months. She is also treated with oral medication.
The doctor notes that over the past 12 months, Ms. Jacob has been relatively stable, although at times she experienced depression. The doctor noted that over the past 12 months, Ms. Jacob has not engaged in any aggressive conduct.
The doctor noted that Ms. Jacob exercised five passes to travel in Northern Ontario. Four of those passes were to Sioux Lookout when Ms. Jacob was accompanied by her mother. The purpose was to deal with Ms. Jacob’s diabetes. Those four passes took place without incident. The fifth pass, also to Sioux Lookout, was problematic. Ms. Jacob’s mother was unable to accompany Ms. Jacob. A community member did so, and apparently Ms. Jacob and the community member drank alcohol as part of that trip.
Ms. Jacob does provide frequent samples to be tested. On a few occasions those samples were positive for the use of cocaine.
Ms. Jacob is prone to loneliness. She benefits from living in Kasabonika with her family members.
Dr. Schubert opines that Ms. Jacob remains a significant threat to public safety. She does have a history of violent conduct, including violence towards her parents. There is also a history of assaultive conduct when Ms. Jacob was being detained in hospital.
Dr. Schubert also stated that a Detention Order is both necessary and appropriate. The hospital needs to be in a position to control any residence. The hospital needs the ability to intervene promptly should the occasion arise for such an intervention. The doctor noted that the closest hospital to Kasabonika is approximately 450 kilometres away.
In response to a question from a panel member, Dr. Schubert repeated the benefits to Ms. Jacob visiting with her family in Kasabonika. The doctor had considerable concern for Ms. Jacob’s safety when she was living on her own in Thunder Bay.
The doctor did advise that there is a nursing station in Kasabonika.
No further evidence was heard at this hearing.
Final Submissions:
- At the conclusion of the evidence, the parties were again canvassed. The panel was told that the parties jointly agreed that Ms. Jacob remains a significant threat to public safety and that the necessary and appropriate disposition is a Detention Order with the exact terms set out in last year’s disposition.
Findings of the Board:
In the panel’s opinion, the parties’ joint recommendation is well founded. We accept Dr. Schubert’s evidence and the evidence contained in the Hospital Report. In particular, we accept that at the present time Ms. Jacob remains a significant threat to public safety and at the present time a Detention Order is both necessary and appropriate.
In reaching our disposition, the Board has taken into consideration the safety of the public, Ms. Jacob’s mental condition, his other needs, and his potential reintegration into society.
DATED this 4th day of February 2025, at the City of Toronto, in the Toronto Region.
Joel Goldenberg
Alternate Chair
Office of the Registrar
Ontario Review Board