Re: Randy F. Hannah
(DOB: 14.04.82)
ORB File No: 7770
Hearing held on: Friday, January 17, 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: Randy F. Hannah Counsel: Mr. F. Bernhardt
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 29, 2025)
Introduction
1. On August 26, 2020, Randy F. Hannah was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault causing bodily harm, and failure to comply with probation order (x2), all contrary to the Criminal Code of Canada (the “Criminal Code”).
2. On January 17, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Hannah’s current disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Hannah was ordered detained at the Forensic Service of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the hospital”) with privileges up to and including living in the community in accommodation approved by the person in charge.
3. The issues to be determined are whether Mr. Hanna 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.
4. Mr. Hannah was present for his hearing and was represented by counsel, Mr. Frank Bernhardt, throughout the proceedings.
5. A Hospital Report dated November 8, 2024, was entered as Exhibit 1.
6. For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Hannah continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition, at the Forensic Service of Ontario Shores, is the necessary and appropriate Order on the terms set out in our formal Disposition having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Hannah’s mental health, reintegration into society, and other needs.
Current Psychiatric Diagnoses
7. Schizoaffective Disorder
Intellectual Disability (Mild Severity)
Polysubstance Abuse (Alcohol, Cannabis, Crack Cocaine; in sustained remission in a controlled environment)
Position of the Parties
8. At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, supported by the Attorney General, took the position that the necessary and appropriate disposition is a Detention Order at the Forensic Service of Ontario Shores on the same terms as last year, but with a simplification of his conditions 2b to 2e as per the amendments outlined on page 31 of the Hospital Report.
9. Counsel for Mr. Hannah conceded the issue of significant threat to the safety of the public and agreed with the recommendation of the hospital.
10. Therefore, there was a joint submission on all issues.
Index Offence
11. The circumstances giving rise to the index offences are set out in detail in the Hospital Report, and excerpted as follows:
“On June 20, 2019, police were contacted by multiple witnesses reporting an assault at the intersection of Avenue Road and Bloor Street West. It was reported that a female had been hit in the face by an unknown male who had then fled the scene.
The victim reported that she was walking on the sidewalk when, without warning, the Mr. Hannah struck her on the bridge of her nose with what she believed was his forearm.
The victim immediately bled from her nose and was assisted by a witness. Once on scene, officers located Mr. Hannah a short distance away. Mr. Hannah was arrested and transported to 53 Division where, upon further investigation, it came to light Mr. Hannah was bound by an Adult Probation Order issued by Honourable Justice B. M. Green, Ontario Court of Justice, located at 150 Bond Street, Oshawa, dated December 8, 2017, and was in breach of his condition to "keep the peace and be of good behaviour."
During the search of Mr. Hannah, officers located two lighters, one of which was located in his jacket pocket and a second in his right pants pocket. This was prohibited in his Probation Order as one of the conditions stated “do not possess any incendiary devices including, but not limited to, matches or lighters." Mr. Hannah was held for a Show Cause Hearing.
The victim sustained a broken nose.”
Background and History
12. The Hospital Report contains extensive information regarding Mr. Hannah’s background, mental health history, criminal history and his course in hospital subsequent to his NCR finding, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
13. Mr. Hannah is a 42-year-old man born and raised in Ontario. He has a grade 11 education. He quit school when he was offered employment but the job did not work out. He had no other employment history.
14. Mr. Hannah has an extensive criminal history including crimes of violence. On several occasions since 2001, the court directed him to attend counselling for alcohol and substance abuse. During an admission to Center for Addiction and Mental Health from February 5 to May 11, 2015, it was noted that Mr. Hannah has a reported history of lengthy crack abuse. Mr. Hannah has described drinking to excess and almost daily use of marijuana.
15. Mr. Hannah has had several psychiatric admissions to hospital beginning in April 2011.
16. Mr. Hannah has had unstable housing including a group home, shelters, and homelessness.
17. Mr. Hannah has been supported by Ontario Disability Support Program since 2002.
18. Since 2021, Mr. Hannah has been incapable of consenting to his psychiatric treatment. The Public Guardian and Trustee is his substitute decision maker (“SDM”).
Course Since Last Disposition
19. Mr. Hannah’s medication regimen continues to attenuate the vast majority of his positive symptoms of psychosis including auditory hallucinations, paranoid delusions, and thought form disorganization. Occasionally, he is seen responding to internal stimuli.
20. Mr. Hannah’s insight into his illness and how it contributed to the index offence remains poor. Due to the chronicity of his poor insight, the prognosis for improvement in insight is considered to be low.
21. On February 26, 2024, Mr. Hannah was transferred from a Secure Forensic Unit to a General Forensic Unit, where he currently remains.
22. Mr. Hannah was treatment compliant throughout the year. He abstained from substances. He did not display any aggressive behaviours.
23. In the summer of 2024, Mr. Hannah completed cognitive testing and received a diagnosis of Intellectual Disability (Mild Severity). It was opined that he would be eligible for Developmental Services Ontario (“DSO”) support.
24. Mr. Hannah used his passes without incident throughout the year.
25. Mr. Hannah does not have an approved person. He did not have any visitors.
Evidence at the Hearing
26. The Board had available to it the evidence and documents forming the Record, the Exhibit, and oral evidence of Dr. Leslie Wong, Mr. Hannah’s psychiatrist and author of the Hospital Report.
27. Dr. Wong testified that the DSO application is still pending as of the date of this hearing. The hospital believes he will be eligible for DSO services. The hospital plans to be in touch with DSO on occasion to request they expedite the application.
28. DSO funding will allow Mr. Hannah to be a candidate for Transitional Rehabilitation Housing Program (TRHP) housing. The Dual Diagnosis TRHP housing is most appropriate for Mr. Hannah. DSO gives more opportunity for housing.
29. A medication change would not be likely to help Mr. Hannah become more responsive. He is a man of “few words”. Mr. Hannah is more engaged in activities this year. The treatment team does notice that he is enjoying himself and attending groups and programs.
Analysis and Conclusions, Annual
Significant Threat
30. The parties did not contest a finding of significant risk to the safety of the public. Despite this, the Board make its own finding of significant risk. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Hannah remains a significant threat to the safety of the public.
31. Mr. Hannah has a lengthy criminal history including violence. His major mental illness and severe substance use contributed to his offences. He continues to suffer symptoms of his mental illness.
32. Mr. Hannah has poor insight into his illness and poor insight into how his illness contributed to the index offences. He has few personal supports and few or no future plans.
33. The Board accepts the joint submission on significant threat.
Necessary and Appropriate Disposition
34. In light of the Board’s finding of significant risk, it is charged with shaping a Disposition for the coming year.
35. Although Mr. Hannah is compliant with his medications, he lacks insight into his illness and need for medications. Without the supervision and support of his treatment team he would not be non-adherent to his medications. Further, Mr. Hannah has an extensive history of substance abuse.
36. Mr. Hannah’s limited verbal responding has presented challenges to assessing his mental status.
37. Mr. Hannah is struggling with negative symptoms of his illness in the hospital. He is progressing through the privilege system very slowly.
38. It is clear that the hospital continues to need to be able to approve housing. Mr. Hannah’s housing intake assessment is anticipated to be a slow process. It is hoped that DSO funding will be available to provide more options for housing in the community when he is ready.
39. The Board finds that that the necessary and appropriate, least onerous and restrictive Disposition, is continuation of the Detention Order within the Forensic Service of Ontario Shores, with terms recommended by the hospital and as set out in our formal Disposition.
DATED this 29th day of January 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Murray Legal Member
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Office of the Registrar Ontario Review Board