Re: Thomas A. Prendergast, 2025 CanLII 13634

Re: Thomas A. Prendergast

DOB: 13.04.90 ORB File No: 8186 Hearing held on: Thursday, January 16, 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: Thomas A. Prendergast Counsel: Mr. A. Rastgou

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

1On November 25, 2022, Thomas Prendergast was found not criminally responsible on account of mental disorder (“NCR”) on a charge second-degree murder, contrary to the Criminal Code of Canada (the “Criminal Code”).

2On January 16, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Prendergast’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Prendergast was ordered detained within the Forensic Service of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or the “hospital”), with privileges up to and including passes for up to 6 hours to enter the community within a 50-kilometre radius of the Ontario Shores Centre for Mental Health Sciences, indirectly supervised.

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

4A Hospital Report dated December 24, 2024, was entered as Exhibit 1.

5The issues to be determined are whether Mr. Prendergast 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.

6For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Prendergast continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition within the Forensic Service of Ontario Shores Centre for Mental Health Sciences 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. Prendergast’s mental health, reintegration into society, and his other needs.

Current Psychiatric Diagnoses

[7] Schizophrenia Substance Use Disorder (in remission in a controlled environment)

Position of the Parties

8At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, supported by counsel for the Attorney General, took the position that the necessary and appropriate Disposition is a continuation of the Detention Order at the Forensic Service at Ontario.

9Counsel for Mr. Prendergast took no position at the commencement of the hearing. After evidence was heard, he conceded the issue of significant threat and agreed with the position of the hospital.

10There was, therefore, a joint submission on all issues.

Index Offences

11The details of the index offences are included in the Hospital Report at pages 2 and 3. In brief, on September 24, 2015, Mr. Prendergast lived in a residence in Blackstock, Ontario with his mother (Rita), father (Gerald), and sister. Police were called to this home by a neighbour who heard a woman screaming for help. On arrival, the police found the front door open. Mr. Prendergast exited shirtless. He was observed to be perspiring, his hands were shaking, and his eyes were described as large and extremely excited. He had blood on his upper wrists and forearms and on the bottom of his pants. On entering the home, the police observed Rita lying on her side at the top of the stairs on a blanket, partially wrapped around her. She had suffered stab wounds to her stomach and arms. She was transported to hospital where she was pronounced dead.

Background and History

12The Hospital Report contains extensive information regarding Mr. Prendergast’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.

13Mr. Prendergast is a 34-year-old man born in Toronto.

14Mr. Prendergast has a high school education. He started working at a grocery store at the age of 16. He later worded as a labourer in various construction-related jobs. He worked in a warehouse at Hyundai for five weeks. He found it difficult to maintain a job in the years leading up to the index offence.

15Mr. Prendergast started using alcohol at 16 years of age. He reported using cannabis regularly, at times daily, from age 16 to 21, according to his self-report. He began to use cocaine powder at the age of 20 and acknowledged feeling “paranoia, schizophrenia” and felt that was when his illness started. He denied using cannabis or cocaine within the six months leading up to the index offence.

16Mr. Prendergast does not have any convictions prior to the index offence.

17Mr. Prendergast had psychiatric admissions and interventions commencing in November 2012. In May 2014, Mr. Prendergast was seen at Lakeridge Health Oshawa in the Early Psychosis Intervention Outpatient Clinic, where he was strongly encouraged to be compliant with his oral antipsychotic medication, which consisted of olanzapine 20mg per day. Mr. Prendergast disagreed that he had schizophrenia.

18Mr. Prendergast is supported by Ontario Disability Support Program (“ODSP”).

Course Since Last Disposition

19Mr. Prendergast was a patient on the secure Forensic Assessment Rehabilitation Unit (“FARU”) at Ontario Shores at the time of his last annual hearing.

20Mr. Prendergast was started on a trial of clozapine. Unfortunately, he was diagnosed with asymptomatic mild left ventricular systolic dysfunction on May 27, 2024, despite being on a moderately low dose of clozapine. It was opined that this cardiac issue was, at least in part, due to his treatment with clozapine. Therefore, he was tapered off the clozapine. The dose of his depot medication was again optimized. He did not experience decompensation of his mental state during the course of these medication changes.

21Mr. Prendergast was compliant with his medication and would request as needed medications to manage his chronic auditory hallucinations.

22Mr. Prendergast was successfully transferred to the general Forensic Community Reintegration Unit (“FCRU”) on July 18, 2024. Mr. Prendergast’s father passed away suddenly around this time and, as his father had been acting as the substitute decision maker (“SDM”), Mr. Prendergast’s sister took over the role of SDM.

23Mr. Prendergast continues to show limited insight into his chronic auditory hallucinations, despite clear evidence that he is responding to internal stimuli. He remains solely externally motivated to comply with treatment.

24Mr. Prendergast has used his privileges without incident. He was granted indirectly supervised privileges on hospital grounds for up to one hour, with a 30 minute in person check in, five times per day. He had one hold on his privileges for being five minutes late on November 14, 2024.

25All of his urine drug screens have tested negative for substances.

26There have been no incidents of physical, verbal, or environmental aggression during this reporting period.

27Mr. Prendergast has attended programming and groups. In October 2024, he was referred to Concurrent Disorders Services. He completed seven individual sessions between October and December 2024.

Evidence at the Hearing

28The Board had available to it the evidence and documents forming the Record, the Hospital Report, and oral evidence of Dr. Clare Harrigan, Mr. Prendergast’s psychiatrist and author of the Hospital Report.

29Dr. Harrigan testified that Mr. Prendergast remains a significant threat because of his diagnosis of schizophrenia and substance use disorders. In the past, including at the time of the index offence, when he used substances he experienced delusions. He struggles with insight into his illness, has limited social supports, and committed a very serious index offence.

30If Mr. Prendergast were not under the jurisdiction of the Board, he would not have anywhere to live, which would lead to him discontinuing his medications, experience mental health decompensation, experience command hallucinations, would fall back into the use of substances, and be a serious risk to the public.

31Mr. Prendergast has treatment resistant schizophrenia. He has been treated with oral medications and injectables including clozapine, yet he continues to experience auditory hallucinations. The hallucinations frustrate him at times. He describes his auditory hallucinations as microphones buzzing at a low level. He copes with this by responding to the hallucinations in his room or listening to music.

32Mr. Prendergast has attended programming. He is planning to attend a money management group in March 2025.

33There is no air of reality to Mr. Prendergast being discharged in the next year. In hospital, he does well when there are clear goals outlined for him.

34Mr. Prendergast’s insight into substance use has improved. He has stated that he does not want to use substances. He has stated that he has been offered substances on the hospital grounds but declines and walks away. All of his urine drug screens have been negative. He would like to receive concurrent disorders treatment once his indirectly supervised passes progress.

35Dr. Harrigan testified that it is her intention to increase Mr. Prendergast’s privileges gradually and predictably before considering unsupervised community privileges. He will need to maintain his abstinence from substances.

36Mr. Prendergast was previously referred to the Medication Assistance Program for Schizophrenia (“MAPS”) at the Centre for Addiction and Mental Health. Dr. Harrigan testified that it may be helpful to get a further opinion from MAPS.

37Mr. Prendergast continues to be followed by a cardiologist.

Analysis and Conclusions

Significant Threat

38The parties did not contest a finding of significant risk to the safety of the public. Despite this, the Board makes its own finding of significant risk based on the oral evidence, the documentary evidence, Winko and its related authorities. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Prendergast remains a significant threat to the safety of the public.

39Mr. Prendergast has a diagnosis of Schizophrenia and Substance Use Disorder. He committed a very violent index offence while suffering from active symptoms of his major mental illness. Despite treatment, Mr. Prendergast continues to suffer from chronic auditory hallucinations.

40The Board accepts the joint submission and finds that Mr. Prendergast continues to present a significant risk to the public.

Necessary and Appropriate Disposition

41In light of the Board’s finding of significant risk, it is charged with shaping a Disposition for the coming year.

42Mr. Prendergast has transitioned well to a general forensic unit. He has utilized his privileges appropriately to date. He is still building up his privileges. Given the extremely violent index offence, his progression through the privileges must be slow and done with caution.

43Mr. Prendergast continues to suffer from symptoms of his mental illness and is solely externally motivated to take comply with his medication regime. It is early in his rehabilitation and it remains to be seen how he progresses in time.

44Mr. Prendergast’s access to substances has been limited. To his credit, he has remained abstinent of substances in these very trying circumstances. He will benefit from further programming and risk-mitigating therapeutic interventions.

45Mr. Prendergast is not ready for community living at this time. His medications are not yet optimized. His insight is limited. He continues to work toward building his privileges.

46The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is a Detention Disposition within the Forensic Service at Ontario Shores with no change to the terms.

47We commend Mr. Prendergast for a positive year.