RE: Edward Fiddler
ORB File No: 0523
Hearing Held On: Monday, September 22, 2025
Place of Hearing: Waypoint Centre for Mental Health
Pursuant To: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. T. Mann
Members: Dr. K. Hand
Dr. G. Kerry
Ms. A. La Viola
Ms. R. Chopra
Parties Appearing:
Accused: Edward Fiddler
Counsel: Ms. C. Francis
Person in charge of Hospital: Representative/Counsel: Ms. T. Murdock
Attorney-General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated November 5, 2025)
OVERVIEW
On October 10, 1979, Edward Fiddler was found not guilty by reason of insanity (now referred to as not criminally responsible on account of mental disorder, pursuant to Criminal Code amendments), on a charge of murder, contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board dated August 23, 2024, detaining him at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene, Ontario. The terms of his Detention Order include hospital and grounds privileges, beyond the secure perimeter, escorted by staff.
On July 7, 2025, the Board received a notification from Waypoint recommending Mr. Fiddler be transferred to North Bay Regional Health Centre (interchangeably referred to as ‘North Bay’). A response from North Bay was received on August 15, 2025, stating that Mr. Fiddler is well known to them, and acknowledging that he has had a relatively stable period over the last few years. North Bay was in agreement that the necessary and appropriate disposition is a transfer to a less secure, less structured environment at this time.
At the outset of the hearing, the representative for the Hospital, Counsel for the Attorney General and Counsel for Mr. Fiddler all submitted that in their respective views – Mr. Fiddler continues to represent a significant threat to the safety of the public and also agreeing that he could be managed on a Detention Order, in a less secure, and less structured hospital setting.
ISSUES
- On September 22, 2025, the Board convened at Waypoint for a hearing further to s. 672.81(1) of the Criminal Code to review the disposition. The Board was asked to determine whether Mr. Fiddler represented a significant threat to the safety of the public at the time of the hearing, and further, what the necessary and appropriate disposition is in the circumstances according to the factors set out in s. 672.54 of the Criminal Code.
FINDINGS
- After reviewing the evidence and submissions presented at the time of the hearing, the Board concluded that Mr. Fiddler represents a significant threat to public safety. A Detention Order is required for the Hospital to be able to manage that risk to the public. The high secure setting at Waypoint is no longer necessary and appropriate. The Board concluded that he be transferred to the less secure environment at North Bay Regional Health Centre, with both staff escorted, and staff accompanied hospital and grounds access, with the same level of access within the catchment area of North Bay Regional Health Centre. In addition, the Board found that the integration of a Gladue Report into Mr. Fiddler’s rehabilitation plan would materially support his long-term recovery and reintegration. By addressing the systemic and personal factors that have contributed to his circumstances, the report enables a more individualized and culturally responsive approach to his care. This is likely to enhance his engagement with, and trust in, the treatment process, thereby promoting sustained progress. The Board ordered the process of generating and writing a Gladue Report on behalf of Mr. Fiddler be undertaken once he has settled in at North Bay.
PERSONAL BACKGROUND
The Hospital Report dated July 18, 2025, was entered as an exhibit at the hearing. The following background information, including the events surrounding the index offence has been taken from the Hospital Report, summarized here as follows.
On July 4, 1979, Edward Fiddler was visiting the home of his maternal grandfather. Without warning he took a rifle and threatened family members. He told his grandfather that he was going to shoot somebody, aimed the gun through the living room window and shot the fiancé of his uncle. She later died from the wound. Mr. Fiddler provided additional details of the immediate aftermath of the attack and a self-report regarding the incident. Notably, he confirmed that he shot the young woman without warning and without any apparent reason. He was on mandatory supervision at the time he committed the index offence.
Mr. Fiddler is now 68 years old. He was born in Kenora, Ontario on June 16, 1957, and was adopted into the Fiddler family around age four. His adoptive father was a minister on the Sandy Lake reserve, and his mother was a homemaker. The family adopted eight children, and, according to the Hospital Report, family relations were generally positive with little quarreling and no alcohol use at home.
He describes a happy childhood with friends and no childhood behavioural problems. At age 16 he left home for Thunder Bay and lived in a Salvation Army hostel, after which he became involved in the criminal justice system and had repeated periods in custody.
He started school at age four, considered himself a good student who got along with teachers and peers despite frequent truancy, and failed grades six and nine. He left half-way through grade ten to seek work. His employment history consisted mainly of manual labour and lumber‑camp jobs, generally good relations with employers but one termination for failing to get up for work, and in the years before the index offence he was unemployed and receiving social assistance.
He reported little involvement with romantic or sexual relationships prior to the index offence and denied homosexual experiences. His medical history is unremarkable. He began smoking at about age 11. He began drinking at about age 14, reporting only occasional heavy drinking and some alcohol‑related fights. He sniffed solvents (turpentine, gasoline, spray paint) from the age of 14 to 19 and was ordered to attend an addiction program in 1974 as a probation condition, which he left after approximately two and a half weeks. At the time of the index offence, he had spent much of his adult life in custody and, when in the community, he sought out manual labour type jobs.
A check of the Canadian Police Information Centre database shows that Mr. Fiddler has a criminal record dating back to 1974 with various charges withdrawn. The criminal convictions also date back to 1974, continuing through to 1979 for break and enter and armed robbery, among others. Many involving custodial sentences. It should also be noted that the record contains a stay of proceedings in May 2017 for two counts of assault with a weapon and utter threat to cause death.
PSYCHIATRIC BACKGROUND
Mr. Fiddler’s current psychiatric diagnoses are Schizophrenia, Unknown Substance Use Disorder (mild to moderate, in sustained remission, in a controlled environment) and Sleep Disorder. He has been found capable of making decisions about his medical treatment, but he is incapable of managing his finances. His substitute decision-maker to manage property has been appointed by the Public Guardian and Trustee. He is financially supported by the Ontario Disability Support Program.
Mr. Fiddler’s psychiatric history reveals severe symptoms related to substance misuse and psychosis in the 1970s, leading to admissions, including one to North Bay Psychiatric Hospital in 1974 for solvent dependence. Subsequent admissions documented solvent‑related organic impairment and psychotic symptoms. Since 1979, he has remained a long‑stay forensic patient with psychosis, poor insight, self‑injury, and aggression. Testing indicated low‑average intellectual functioning, functional limitations, and treatment involved antipsychotics and behaviour management.
From the 1980s through the 1990s, and the 2000s, his course fluctuated between stability and decompensation with command hallucinations, self‑harm, aggression, elopements, and recurrent solvent use. Treatment teams adjusted medications, sometimes with benefits from clozapine, and used behavioural therapy and vocational supports but with close supervision, PRN medications, and seclusions. Transfers occurred to balance security, family access, and program suitability, with returns to Waypoint for higher security or specialized care after decompensation or incidents.
For the most part, he has remained in long‑term forensic care with chronic psychotic symptoms, daily auditory hallucinations, paranoia, limited insight, and inconsistent program engagement, also requiring support for hearing and daily living. Despite occasional improvement, he has required sustained supervision and the need for structured treatment.
More recently, he was on the Awenda Program for one‑on‑one observation early on because of self‑harm risk but that was discontinued in May 2021. He had brief seclusions for assaulting staff, and exhibited agitation, head‑banging, and impulsive behaviours due to auditory hallucinations. Most recently, Mr. Fiddler has participated in the off‑unit Walk Programs, and he has engaged well in therapeutic groups, displaying cooperative interaction, improved functional literacy, capacity for multi‑step commands, and the ability to follow routines. His sleep cycle continues to impact his ability to regularly participate in scheduled therapeutic, social and recreational activities but he does his best.
EVIDENCE AT THE HEARING
The evidence presented at the hearing included the Hospital Report dated July 18, 2025, a Waypoint request for transfer, a response from North Bay Regional Health Centre, and the testimony of Dr. Ismail.
Dr. Ismail testified that he agreed with the contents and recommendations outlined in the Hospital Report and provided no updates to the report's findings. He noted Mr. Fiddler’s improvement in mood stability and engagement, confirming that Mr. Fiddler is compliant with his medication regimen, including both regular doses and PRNs. He also testified that administering medication at night is helpful in accommodating Mr. Fiddler’s unique sleep cycle. Dr. Ismail further reported that Mr. Fiddler has exhibited no self-injurious behaviours.
With respect to privileges, Dr. Ismail stated that Mr. Fiddler currently has C5 privileges, which allow for independent off-ward time for up to four hours, varying according to his sleep cycle during which he often sleeps for days at a time. This is the highest level of privileges at Waypoint and Dr. Ismail indicated that Mr. Fiddler has been exercising them appropriately.
When asked about the proposed transfer to a less secure environment, Dr. Ismail stated his belief that Mr. Fiddler is currently receiving the most independence and support possible at his current level of care. He expressed hope that this level of independence and engagement would continue in a less structured setting, with the assistance of current medications and appropriate behavioural interventions. No interpersonal conflicts were reported.
Dr. Ismail confirmed that Mr. Fiddler is involved with an Aboriginal healer and stated that North Bay has access to similar resources. Dr. Ismail also highlighted the importance of cultural integration, emphasizing Mr. Fiddler’s involvement with an Aboriginal healer. He stated that maintaining these connections at North Bay is deemed essential, and efforts should be made to integrate elements of Aboriginal culture into his treatment plan.
Overall, Dr. Ismail expressed confidence in Mr. Fiddler’s ability to manage a transition to a less secure environment, however, Dr. Ismail cautioned against the granting of unsupervised passes due to his history of elopements and a suicide attempt when Mr. Fiddler was at North Bay.
In response to further inquiries, Dr. Ismail acknowledged that the North Bay treatment team may have to watch for command hallucinations, although those have not been recently endorsed. He did acknowledge that Mr. Fiddler has a history of hallucinations and has required PRN medication.
Dr. Ismail also confirmed that Mr. Fiddler has reconnected with some friends from his childhood. He emphasized the need for continued access to an Aboriginal healer moving forward, and that access to the healer will be facilitated. Dr. Ismail also acknowledged Mr. Fiddler has been meeting with Aboriginal healers and confirmed that the new facility is able to keep Mr. Fiddler in touch with Aboriginal Services. With respect to a Gladue Report, the understanding is that the Region of North Bay has a dedicated Gladue Report writer. It would be beneficial to get Mr. Fiddler settled at North Bay first and engage with Aboriginal Services once he arrives there.
SUBMISSIONS
- The Hospital, represented by Ms. Murdock, stated that Mr. Fiddler’s transfer to North Bay Regional Health Centre is appropriate given the list of conditions outlined in the Hospital Report, emphasizing the need for residual authority. Counsel for the Attorney General supported the proposed transfer. Counsel for Mr. Fiddler agreed with the Hospital's recommendation, highlighting Mr. Fiddler’s desire to move to North Bay. Counsel conceded the issue of ‘significant threat’. In summary, all parties were aligned in supporting the proposed transfer to North Bay, and that such a transfer is both necessary and appropriate in light of Mr. Fiddler’s current condition and the available resources.
ANALYSIS AND CONCLUSION
(a) Significant Threat
The Board must first determine whether Mr. Fiddler continues to pose a significant threat to the safety of the public as defined in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. In Winko, the Supreme Court of Canada defined ‘significant threat’ as one involving a real risk of serious physical or psychological harm to members of the public. The assessment of this threat must be grounded in the totality of the evidence, considering both the nature and the severity of the potential harm, the likelihood of its occurrence, and the imminence of the risk.
Based on the entirety of the information before this Board – the testimony of Dr. Ismail, recent clinical findings, compelling actuarial risk assessment results, and the response from North Bay Regional Health Centre – we conclude that Mr. Fiddler continues to represent a significant threat to public safety, although one that is currently stable and manageable under structured conditions.
The historical context of Mr. Fiddler’s psychiatric history reveals severe symptoms related to substance misuse and psychosis dating back to the 1970s. Subsequent admissions to psychiatric hospitals documented solvent-related organic impairment and escalating psychotic symptoms. His long-stay forensic history is marked by psychosis, poor insight, self-injury, and aggression. Psychological testing indicated low-average intellectual functioning and notable functional limitations (hearing impairment, limited coping skills). His course through the 1980s and 1990s, and the 2000s, has been chronic and fluctuating, marked with periods of relative stability, alternated with decompensations marked by command hallucinations, self-harm, aggression to co-patients, elopements and recurrent solvent use.
Currently, Mr. Fiddler continues to experience symptoms consistent with Schizophrenia, including auditory hallucinations and intermittent thought disorganization. The HCR-20 assessment reveals he possesses 5/10 Historical risk factors and that the remaining 5 are partially present, which indicates both long-standing risk factors and recent stability are present.
In addition, he was found to have a clear pattern of antisocial behaviour, including criminality. He is presently diagnosed with Schizophrenia and has been described as treatment resistant as recent as 2024. Also, Mr. Fiddler continues to struggle with substance abuse, he has had at least two attempts at elopement and suicide, including jumping off a flight of stairs, which led to his injuries.
Despite the ongoing presence of such symptoms, he has shown no behavioural dysregulation or psychosis-related aggression during the review period. Mr. Fiddler currently demonstrates positive stability in several key areas. His substance use disorder is in sustained remission within a controlled environment. He remains compliant with all prescribed medications, readily accepts intramuscular injections, and appropriately uses PRN medications to manage agitation or psychotic symptoms.
Although he continues to experience auditory hallucinations, he is employing effective coping mechanisms such as requesting PRNs, isolating, or engaging in writing, and is generally redirectable. Importantly, there have been no recent incidents of verbal, physical, or environmental aggression, nor has he engaged in any self-injurious behaviour, and his mental state has remained relatively stable, with improved mood and engagement observed over the review period.
While Mr. Fiddler’s insight into his mental illness remains limited and his thought content at times tangential, he accepts treatment, engages regularly with clinical staff and exhibits no resistance to treatment efforts. The Clinical Assessment of Risk underscores that Mr. Fiddler continues to exhibit symptoms of a major mental disorder and demonstrates limited insight into the risks associated with his illness, but he remains responsive to structure and support.
(b) Necessary and Appropriate
The Board must next determine the disposition that is the least onerous and least restrictive of Mr. Fiddler’s liberty interests, which is consistent with public safety, his mental condition, and his reintegration into society, as required by s. 672.54 of the Criminal Code.
In light of the evidence presented, the Board finds that Mr. Fiddler’s continued detention in a secure forensic facility remains necessary and appropriate. However, we are in agreement that he can be managed in a less secure, less structured hospital setting such as the North Bay Regional Health Centre.
The transfer to North Bay Regional Health Centre, is deemed an appropriate step towards reintegration into the community. It allows for a gradual reduction in structure and increased independence, which is believed to better support his continued recovery, provided that culturally informed supports and structured supervision remain in place.
Of note, Mr. Fiddler is known to staff at the North Bay facility, and they recognized that the high secure and structured environment available at Waypoint has historically been necessary to see to Mr. Fiddler’s needs, improve his quality of life and manage the significant risk that he poses to others. However, as stated in their response to the transfer request, Mr. Fiddler has maintained a level of stability, and he can be managed at North Bay Regional Health Centre moving forward.
Gladue Report and Culturally-Informed Treatment
In recognition of Mr. Fiddler’s indigenous background and the importance of culturally sensitive treatment and rehabilitation approaches, we find that a Gladue Report, once Mr. Fiddler is settled in at North Bay Regional Health Centre, can provide insight into his unique systemic and background factors.
A Gladue Report has the potential to address past traumas, including intergenerational impacts, and offer culturally relevant recommendations that align with his spiritual and social needs. It is our understanding that there are dedicated report writers in North Bay to assist. This will allow for a more holistic and effective rehabilitation strategy, tailored to his individual circumstances and needs, and better serve to set him up for success.
Further, by integrating a Gladue Report into Mr. Fiddler’s rehabilitation strategy, it can profoundly and positively impact his long-term recovery and reintegration. By acknowledging and addressing the systemic factors and personal history that have influenced his path, a Gladue Report would facilitate a more personalized and culturally sensitive approach to his care. This cultural alignment can foster greater engagement and trust in the treatment process, which is crucial for his sustained progress.
After a thorough review of all available information, and given the support of the clinical team, and the agreement of all parties, we order that Mr. Fiddler be transferred to North Bay Regional Health Centre and be transferred there under the conditions in the disposition, and that the process of generating and writing a Gladue Report on behalf of Mr. Fiddler, be undertaken once he has settled in at North Bay. In conclusion, the transfer to a less secure, less structured forensic hospital is deemed to be the least restrictive and least onerous forensic setting at this time, facilitating both continued treatment and culturally-informed strategies for Mr. Fiddler’s gradual reintegration into the community.
DATED this 5th day of November 2025, at the City of Toronto, in the Toronto Region.
Ms. A. La Viola
Legal Member
Office of the Registrar
Ontario Review Board