Ontario Review Board
Re: Leah Copegog (DOB: 15.10.82) ORB File No: 8693
Hearing held on: Thursday, January 9, 2025 Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. R.W. Hill Dr. S. Wiseman Ms. C. Murray Mr. A. Mete
Parties Appearing: Accused: Leah Copegog Counsel: Mr. J. Chrolavicius
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Mr. B. Adsett
REASONS FOR DISPOSITION
(Dated January 27, 2025)
Introduction
1On December 18, 2024, Leah Copegog was found unfit to stand trial on charges of assault peace officer, failure to comply with probation order (x4), mischief under $5000 and theft under $5000, contrary to the Criminal Code.
2On January 9, 2025, Ms. Copegog appeared in person from St. Joseph's Healthcare Hamilton (the "hospital") for her initial hearing before the Ontario Review Board (the "Board"). She was represented by counsel, Mr. J. Chrolavicius.
3The Board had before it as Exhibit 1, the initial Hospital Report dated January 3, 2025, the criminal court file as Exhibit 2, and Rule 14 correspondence relating to the Waypoint Centre for Mental Health Care ("Waypoint").
4At the outset of the hearing, Ms. L. Barney, counsel for the hospital, informed the Board that Ms. Copegog was now fit to stand trial. If the Board agreed, the hospital would also be seeking a Keep Fit Order. Mr. B. Adsett, for the Attorney General, and Ms. Copegog's counsel agreed.
5Ms. Copegog is diagnosed with polysubstance abuse, personality disorder, borderline type, and schizoaffective disorder (by history). Ms. Copegog was admitted to the hospital on October 31, 2024, for a 60-day Treatment Order and has remained in the hospital since then.
6The facts are set out in Exhibit 1. Basically, they revolve around Ms. Copegog, who was well known to police, causing disturbances at a Tim Horton's and a clothing store. There was shouting of profanities, bizarre behaviour, and some damage involved. She resisted arrest and breached numerous court orders.
7Ms. Copegog is a 42-year-old Indigenous female who was born in the Midland area and grew up there. Ms. Copegog had an extremely difficult life filled with trauma. She has experienced many hospital admissions and has attracted a lengthy criminal record which is set out in the Hospital Report. For many years she has been homeless. She is estranged from her three children ages 17, 21 and 22. Ms. Copegog has suffered much abuse from numerous men including as a child. She has a pronounced history of substance abuse including powerful substances, and alcohol. Ms. Copegog has often experienced hallucinations and delusions over significant periods of time.
Evidence at the Hearing
8Dr. Lee testified that Ms. Copegog knows her plea options - not guilty or guilty. Ms. Copegog understands that if found not guilty she could go home. If found guilty, she understands that she may have to stay in hospital at St. Joseph's or be transferred to Waypoint. She also understands that probation is a possible outcome. Ms. Copegog comprehends the meaning of the oath as an obligation to tell the truth in a court. Ms. Copegog was able to identify her lawyer as having the job to help her get a positive result. She also understands the judge's role as the person who will make a ruling. While Ms. Copegog did not articulate the role of the Crown Attorney, she understood it once explained. Importantly, the doctor was of the view that Ms. Copegog could meaningfully instruct counsel.
9Early on in her hospital stay, Ms. Copegog could only give her attention for 10 minutes at a time before asking for substances or requesting a discharge from hospital. Denial of those requests would lead to swearing and aggression or kicking. She has improved considerably. Now, Ms. Copegog is in a position to communicate with counsel. She is much more tolerant in meetings with hospital staff and in her various interactions with them. Ms. Copegog is capable in relation to treatment and is actively involved in such treatment.
10Ms. Copegog has supports in the Barrie and Midland area. She has had many dealings with Waypoint, some prolonged, and has been supported in past by an ACT team in that area who would be willing to take her back.
11There has been no evidence of psychosis during her admission. Ms. Copegog was not on antipsychotic medication prior to the current admission. Currently, she is on Abilify 15 milligrams nightly, Valproic Acid 1500 milligrams nightly and 500 milligrams every morning, and Clopixol tab 50 milligrams twice daily.
12A Gladue Report had previously been sought from the Crown Attorney's office but has not been located yet. Mr. Adsett, for the Crown Attorney's office, agreed to make efforts to locate it and file it with the Board.
13Ms. Copegog continues to be a significant risk of the safety of the public bearing in mind the index offences, her long history of aggression and violence, and behaviours outlined in the Hospital Report.
14In final submissions, the parties all agreed that the proper resolution was for the Board to order that Ms. Copegog go back to court on account of her current fitness. In the interim, the hospital recommended a Keep Fit Order.
Analysis
15Ms. Copegog has made progress since her hospital admission. All parties agreed that Ms. Copegog is now fit to stand trial. The evidence at the hearing from Dr. Lee strongly supported that conclusion, and the Board unreservedly agrees with that conclusion. In the circumstances, the appropriate course is that the Board order that Ms. Copegog be returned to court, hopefully as expeditiously as possible. In the interim, the Board agrees that there be a Keep Fit Order. During the patient's continued course in hospital, she will have hospital and grounds privileges escorted by staff or a person approved by the person in charge. She will abstain from non-medical use of alcohol, drugs or any other intoxicants and will submit samples of her blood and breath to the person in charge.
16The Board is appreciative of the Crown Attorney continuing to seek out the Gladue Report that pertains to Ms. Copegog.
17In view of the outcomes, the Rule 14 Application cannot be dealt with. We wish Ms. Copegog well.
DATED this 27th day of January 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
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Office of the Registrar Ontario Review Board