Re: Derek Daniels
ORB File No: 8676
Hearing held on: Thursday January 30, 2025
Place of Hearing: North Bay Regional Health Centre
Pursuant to: Sections 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. R. Kunjukrishnan
Dr. G. Kerry
Mr. E. Siebenmorgen
Mr. A. Bouvier
Parties Appearing:
Accused: Derek Daniels
Counsel: Mr. C. Bracken
Person in Charge of the Hospital Counsel: Mr. P. Trenker
Attorney-General of Ontario: Counsel: Ms. M. Mazurski
REASONS FOR DISPOSITION (Dated February 19, 2025)
Introduction
On November 29, 2024, Derek Daniels was found not criminally responsible on account of mental disorder (NCR) on a charge of assault peace officer contrary to the Criminal Code. The court did not make a disposition and referred the matter to the Ontario Review Board (the Board) to do so.
On Thursday, January 30, 2025, the Board convened Mr. Daniels’ initial hearing to make a disposition pursuant to section 672.47(1) of the Criminal Code. Mr. Daniels was present and represented by counsel, Mr. Bracken. The issues to be determined at the hearing were whether Mr. Daniels constituted a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Initial Positions of the Parties
At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital advised that was the position of the Hospital that Mr. Daniels constituted a significant threat to the safety of the public and that the necessary and appropriate disposition was a detention order with the privileges and restrictions as set out at page 27of the Hospital Report.
Counsel for the Attorney General and counsel for Mr. Daniels both supported the Hospital recommendation.
Evidence at the hearing
- The evidence at the hearing consisted of the record before the court at the time of the NCR hearing, a transcript of the NCR hearing, the warrant of committal, a criminal record, a synopsis, an Initial Hospital Report dated January 8, 2025, and the oral evidence of Dr. Munro, Mr. Daniels’ treating psychiatrist.
Findings:
- For the Reasons that follow, the Board finds that Mr. Daniels represents a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order with the terms as recommended in the Hospital Report.
Index Offences:
- The circumstances surrounding the index offence as summarized in the Hospital Report are as follows:
On September 24th, 2021 Derek DANIELS appeared before Judge N.E. Redgate the City of Guelph and entered into a 3 year probation order with the following relevant conditions:
"Keep the peace and be of good behaviour"
On September 26th, 2023 Derek DANIELS entered into a release order with Justice of the Peace E. Fox with the following condition:
"Do not attend at Walmart located at 11 Woodlawn Rd. W Guelph or Circle K located at 435 Woodlawn Road, Guelph"
Synopsis:
On October 24, 2023 staff from the Walmart at 11 Woodlawn Rd. W in Guelph called to report that the accused, Derek DANIELS, was on the property harassing staff and customers. Staff advised of a trespass order they had issued but there was an additional applicable criminal condition from a judicial release order (listed above).
Police arrived on scene at 0914hrs and located the accused in the parking lot of 11 Woodlawn Rd. W. He was arrested at 0915hrs for failing to comply with a judicial release order and was subsequently read his rights to counsel and cautioned. Due to repeated recent violations of this release order he was transported to the Guelph Police Service for a show cause hearing.
While being searched at the station the accused became irate and was not complying with police instructions. He proceeded to kick with his right foot connecting with an officer's left leg. He was escorted to a cell and was notified of the additional assault peace officer charge at 0954hrs.
It was learned when checking the accused's CPIC that he was also on the above-mentioned probation order. Due to this incident he was in breach of this probation order and was notified of the additional charge at 11:12am
Background Information Regarding the Accused:
- Mr. Daniels is currently 44 years of age and was raised in Thamesville, Ontario living with both his parents and his brother. He was expelled from school in grade 6 due to disruptive behaviours and was then placed at a school specifically for children with behavioural issues. He was again expelled from school in grade 10, also due to disruptive behaviour but did manage to get his high school diploma at another school. He then took a few years off from education and then enrolled at the University of Guelph studying horticulture. He completed 1 ½ years before having to leave school due to his mental health difficulties.
Legal History:
- Mr. Daniels has an extensive criminal record the full particulars of which are as follows:
2006-05-02 CHATHAM ONT
ESCAPE LAWFUL CUSTODY SEC 145(1)(A)
1DAY & (7 DAYS PRE-SENTENCE CC CUSTODY)
2006-11-03 CHATHAM KENT ONT
BREAK & ENTER WITH INTENT SEC 348(1)(A) CC
SUSP SENT & PROBATION 18 MOS & (64 DAYS PRE-SENTENCE CUSTODY)
2008-11-24 KITCHENER ONT
THEFT UNDER $5000 SEC 334(B) CC
1 DAY & (5 DAYS PRE- SENTENCE CUSTODY)
2008-11-25 GUELPH ONT
FAIL TO APPEAR SEC 145(5)(B) CC
$400
2009-01-05 CHATHAM ONT
(1) FRAUD UNDER $5000 SEC 380(1) CC (2) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC (3) OBSTRUCT PEACE OFFICER SEC 129(A) CC (4) POSS OF PROPERTY OBTAINED BY CRIME UNDER $5000 SEC 354(1)(A) CC
(1-4) SUSP SENT & PROBATION 18 MOS ON EACH CHG CONC & (16 DAYS PRE-SENTENCE CUSTODY)
2009-03-18 CHATHAM ONT
THEFT UNDER $5000 SEC 334(B) CC
$300 & (2 DAYS PRE- SENTENCE CUSTODY)
2009-03-18 CHATHAM ONT
FAIL TO COMPLY WITH RECOGNIZANCE SEC 145(3) CC
$150 & (2 DAYS PRE- SENTENCE CUSTODY)
2009-06-02 GUELPH ONT
(1) POSS OF A SCHEDULE II SUBSTANCE SEC 4(1) CDS ACT (2) THEFT UNDER $5000 SEC 334(B) CC (3) FAIL TO APPEAR SEC 145(5)(B) CC (4) OBSTRUCT PEACE OFFICER SEC 129(A) CC
(1-2) SUSP SENT & PROBATION 18 MOS ON EACH CHG CONC & (24 DAYS PRE-SENTENCE CUSTODY) (3-4) SUSP SENT & PROBATION 18 MOS ON EACH CHG CONC & CONC
2009-07-15 GUELPH ONT
(1) UNLAWFULLY IN DWELLING HOUSE
(1) 10 DAYS & (24 DAYS PRE-SENTENCE
SEC 349(1) CC (2) MISCHIEF UNDER $5000 SEC 430(4) CC (3) POSS OF PROPERTY OBTAINED BY CRIME UNDER $5000 SEC 354(1)(A) CC (4) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC
CUSTODY) (2-4) 1 DAY ON EACH CHG CONC & CONC
2010-01-27 THUNDER BAY ONT
(1) BREAK ENTER & THEFT SEC 348(1)(B) CC (2) RESIST ARREST SEC 129(A) CC (3) FAIL TO COMPLY WITH UNDERTAKING SEC 145(3) CC (4) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC (5) BREAK & ENTER WITH INTENT SEC 348(1)(A) CC (6) FAIL TO COMPLY WITH UNDERTAKING SEC 145(3) CC (7) FAIL TO COMPLY WITH UNDERTAKING SEC 145(3) CC (8) CRIMINAL HARASSMENT SEC 264(1) CC (9) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC
(1) 6 MOS & PROBATION 18 MOS & MANDATORY PROHIBITION ORDER SEC 109 CC (2-3) 2 MOS ON EACH CHG CONC & CONC & PROBATION 18 MOS (4-6) 1 DAY ON EACH CHG CONC & CONC & PROBATION 18 MOS & (40 DAYS PRE-SENTENCE CUSTODY) (7) 1 DAY CONC & PROBATION 18 MOS & (20 DAYS PRE-SENTENCE CUSTODY) (8-9) 1 DAY ON EACH CHG CONC & CONC & PROBATION 18 MOS& (45 DAYS PRE-SENTENCE CUSTODY)
2010-03-19 THUNDER BAY ONT
(1) ESCAPE LAWFUL CUSTODY SEC 145(1)(A) CC (2) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC (3) RESIST ARREST SEC 129(A) CC
(1) 120 DAYS (2) 1 DAY & (19 DAYS PRE-SENTENCE CUSTODY) (3) 1 DAY & (20 DAYS PRE- SENTENCE CUSTODY)
2010-03-19 THUNDER BAY ON
(1) ESCAPE LAWFUL CUSTODY SEC 145(1)(A) CC (2) OBSTRUCT PEACE OFFICER SEC 129(A) CC
(1) 120 DAYS (2) 1 DAY (20 DAYS PRE-SENTENCE CUSTODY)
2010-07-05 CHATHAM ONT
POSS OF A SCHEDULE II SUBSTANCE SEC 4(1) CDS ACT
TIME SERVED (40 DAYS) & PROBATION 2 YRS
2010-08-04 CHATHAM ONT
FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC
9 DAYS & PROBATION 18 MOS & (5 DAYS PRE-SENTENCE CUSTODY)
2010-10-18 GUELPH ONT
TRESPASSING AT NIGHT SEC 177 CC
1 DAY & (49 DAYS PRE-SENTENCE CUSTODY)
2010-12-23 CHATHAM ONT
FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC
10 DAYS & (11 DAYS PRE-SENTENCE CUSTODY)
2011-05-30 CHATHAM ONT
(1) POSS OF PROPERTY OBTAINED BY CRIME SEC 354(1)(B) CC (2) FAIL TO COMPLY WITH RECOGNIZANCE SEC 145(3) CC (3) ESCAPE LAWFUL CUSTODY SEC 145(1)(A) CC
(1) TIME SERVED (85 DAYS) & PROBATION 18 MOS (2-3) 1 DAY & (85 DAYS PRE-SENTENCE CUSTODY) & PROBATION 18 MOS ON EACH CHG CONC & CONC
2011-06-10 CHATHAM ON
(1) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC (2) ESCAPE LAWFUL CUSTODY SEC 145(1)(A) CC
(1) PROBATION 2 YRS (30 DAYS PRE-SENTENCE CUSTODY) (2) (5 DAYS PRE-SENTENCE CUSTODY)
2011-11-18 CHATHAM ON
(1) BREAK ENTER & COMMIT SEC 348(1)(B) CC (2) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC
(1) 1 DAY CONC & PROBATION 2 YRS (40 DAYS PRE-SENTENCE CUSTODY) (2) 1 DAY CONC & PROBATION 2 YRS (30 DAYS PRE-SENTENCE CUSTODY)
2011-11-18 CHATHAM ON
BREAK ENTER & COMMIT SEC 348(1)(B) CC
1 DAY CONC & PROBATION 2 YRS (30 DAYS PRE-SENTENCE CUSTODY)
2019-10-17 CORNWALL ON
BREAK & ENTER WITH INTENT SEC 348(1)(A) CC
1 DAY & PROBATION 12 MOS (9 DAYS PRE-SENTENCE CUSTODY)
2020-01-07 NORTH BAY ON
POSS OF PROPERTY OBTAINED BY CRIME UNDER $5000 SEC 354(1)(A) CC
1 DAY (7 DAYS PRE- SENTENCE CUSTODY)
2021-03-10 BROCKVILLE ON
(1) POSS OF PROPERTY OBTAINED BY CRIME OVER $5000 SEC 355(A) CC (2) OBSTRUCT PEACE OFFICER SEC 129(A) CC
(1-2) SUSPENDED SENTENCE & PROBATION 2 YRS
2021-03-10 BROCKVILLE ON
(1) FAIL TO COMPLY WITH RECOGNIZANCE SEC 145(3) CC (2) FAIL TO COMPLY WITH RECOGNIZANCE
(1-2) SUSPENDED SENTENCE & PROBATION 2 YRS
SEC 145(3) CC
2021-03-10 BROCKVILLE ON
POSS OF PROPERTY OBTAINED BY CRIME UNDER $5000 SEC 354(1)(A) CC
SUSPENDED SENTENCE & PROBATION 2 YRS (45 DAYS PRE-SENTENCE CUSTODY)
2021-09-24 GUELPH ON
(1) FAIL TO COMPLY WITH UNDERTAKING SEC 145(4)(A) CC (2) BREAK ENTER & COMMIT SEC 348(1)(B) CC
(1-2) 58 DAYS & RESTITUTION $4,000 & PROBATION 3 YRS (62 DAYS PRE-SENTENCE CUSTODY) & MANDATORY WEAPONS PROHIBITION SEC 109 CC
2022-02-08 GUELPH ON
(1) BREAK & ENTER WITH INTENT SEC 348(1)(A) CC (2) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC
(1) 93 DAYS (147 DAYS PRE-SENTENCE CUSTODY) & MANDATORY WEAPONS PROHIBITION SEC 109 CC (2) 93 DAYS (147 DAYS PRE-SENTENCE CUSTODY)
Substance Use History
- Mr. Daniels first used cannabis when he was in grade 7 and later attended Portage Elora Drug Addiction Rehabilitation Centre for Youth for approximately a year. At the time of the index offences Mr. Daniels was smoking approximately two points of crystal methamphetamine and three or four joints of cannabis a day.
Psychiatric History
Mr. Daniels first started experiencing symptoms of schizophrenia in his early 20s and the severity of his symptoms progressively increased. However, he was not diagnosed with schizophrenia until around the age of 33. His symptoms included auditory hallucinations, command hallucinations and long-standing grandiose delusions surrounding his ability to use magic.
Between 2012 and the date of his NCR finding Mr. Daniels was hospitalized with respect to mental health issues at various locations around Ontario approximately 15 to 20 times. His symptoms generally improved fairly rapidly following admission and the initiation of antipsychotic medications and abstinence from substances. However, he frequently left Hospital against medical advice and once in the community returned to the use of substances and was noncompliant with medication resulting in decompensation of his mental health.
Current Diagnosis
- Mr. Daniels’ current diagnoses are:
Schizophrenia
Cannabis Use Disorder, in remission in a controlled environment
Stimulant Use Disorder, in remission in a controlled environment
Evidence of Dr. Munro
Dr. Munro indicated that Mr. Daniels arrived at the hospital in October 2024 for an NCR assessment and has remained at the Hospital since. She took over his care in December 2024. Mr. Daniels has indicated that he would like to be transferred from the hospital to a hospital closer to his home and Dr. Munro indicated that the hospital would not oppose such a transfer.
Dr. Munro indicated that Mr. Daniels suffers from a treatment refractory form of schizophrenia and that despite adherence to medication he continues to suffer from symptoms of that illness, in particular auditory hallucinations and delusions. However, since his arrival in hospital he has improved to a remarkable degree although he continues to have very little insight into his mental health issues, the need for medication and the impact of substances on his mental health.
Dr. Munro indicated that the hospital intended to proceed with a gradual stepwise approach to the granting of privileges and that likely once a disposition has been made, he will be transferred to a rehabilitation unit where indirect passes on hospital grounds would be available to him. She noted that Mr. Daniels has a continuing interest in horticulture and that the hospital does have a Horticultural Centre to which he would likely have access.
In response to questions from panel members, Dr. Munro indicated that in her opinion, community living within the reporting year was not realistic and that prior to any consideration of community living his mental health needed to be stabilized and he needed to deal with his substance use and medication noncompliance issues.
Also, in response to panel members, questions she reiterated that in her opinion his schizophrenia was treatment resistant but also noted that there was a history of noncompliance with a variety of different medications and that she will be continuing to review his diagnosis.
Analysis and Conclusion, Significant Threat:
Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Mr. Daniels does represent a significant threat to the safety public. He suffers from a major mental illness and despite compliance with prescribed medications since his recent hospitalization continues to experience symptoms of that illness. He also has a long history of substance abuse exacerbating his mental illness as well as failure to adhere to prescribed medications.
Mr. Daniels also has an extensive criminal record commencing as a youth including numerous convictions for break and enter, unlawfully in a dwelling house, criminal harassment, all offences with a significant potential for causing significant physical and/or psychological harm to members of the public. He also has numerous convictions for breaches of various court orders and escape custody.
The evidence clearly establishes that absent the supervision of the board and the Hospital, Mr. Daniels is highly likely to return to the use of substances and cease to comply with recommended antipsychotic medications resulting in a significant aggravation of the symptoms of his mental illness putting the public at risk of significant physical and/or psychological harm.
Analysis and Conclusion, Necessary and Appropriate Disposition:
The Board finds that the evidence also amply supports the joint submission that the necessary and appropriate disposition is a detention order on the terms as recommended by the Hospital. Mr. Daniels’ history of noncompliance with medication and substance use supports Dr. Munro’s opinion that any increase in access to the community must be careful and stepwise in order to closely monitor his adherence to medication and abstinence from substance use. The Hospital clearly needs to be able to approve accommodation in the community to ensure that Mr. Daniels is closely monitored by professional staff.
Given Mr. Daniels’ history of noncompliance with court orders, nonadherence to medication, substance use, failure to comply with community treatment orders and the frequent necessity of using form 47 to hospitalize him, it is extremely unlikely that when unwell, he would return to hospital voluntarily.
DATED this 19th day of February 2025, at the City of Toronto, in the Toronto Region.
Robert Bigelow
Alternate Chairperson
____________________________
Office of the Registrar
Ontario Review Board