Re: Kristina Saunders
DOB: 12.06.84
ORB File No: 8002
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: Kristina Saunders Counsel: Mr. D. Medd
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 29, 2025)
Introduction
[1]. On December 21, 2021, Kristina Saunders was found not criminally responsible on account of mental disorder (“NCR”) on a charge of arson, 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 Ms. Saunders’ current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Ms. Saunders 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 passes in the community within a 150km radius of Ontario Shores, indirectly supervised.
[3]. Ms. Saunders was present for her hearing. She was represented by counsel, Mr. Daniel Medd, throughout the proceedings.
[4]. A Hospital Report dated December 27, 2024, was entered as Exhibit 1.
[5]. The issues to be determined are whether Ms. Saunders 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 Ms. Saunders continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition within the Forensic Service at 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 Ms. Saunders’ mental health, reintegration into society, and her other needs.
Current Psychiatric Diagnoses
[7]. Treatment Resistant Schizophrenia Cannabis Use Disorder, in remission in a controlled setting Cluster B Personality Traits
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 the necessary and appropriate Disposition is a continuation of the current Detention Disposition on the same terms as last year with the addition of a term for community living in 24-hour supervised accommodation approved by the person in charge.
[9]. Counsel for Ms. Saunders conceded the issue of significant threat. He agreed with the recommendations of the hospital.
[10]. Therefore, there was a joint submission on all issues.
Index Offence
[11]. The Hospital Report sets out