RE: Bryan Cuvilie
ORB File No: 8314
Hearing Held On: Thursday, September 25, 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: Bryan Cuvilie Counsel: Mr. E. Brown
Person in charge of Hospital: Representative: Ms. M. Kraftschik
Attorney-General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated November 25, 2025)
OVERVIEW
- Bryan Cuvilie was found not criminally responsible on account of mental disorder on May 31, 2023, on a charge of aggravated assault, contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board dated August 29, 2024, detaining him at the Forensic Service – Centre for Addiction and Mental Health (“CAMH”), Toronto, Ontario. The terms of his detention order include entering the community, accompanied by staff or a person approved by the person in charge. Until such time as he is transferred to CAMH, he continues to be detained at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Program, Penetanguishene, Ontario. The terms of his detention order at Waypoint include hospital and grounds privileges, beyond the secure perimeter, escorted by staff.
ISSUES
On September 25, 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. Cuvilie 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.
At the outset of the hearing, the Representative for the Hospital, Counsel for the Attorney General, and Counsel for Mr. Cuvilie submitted that in their respective views – Mr. Cuvilie continues to represent a significant threat to the safety of the public – all agreeing that he does not require the high secure forensic setting at Waypoint. And further, the current disposition orders Mr. Cuvilie’s detention at CAMH, and all parties continue to support Mr. Cuvilie’s transfer to the less secure forensic hospital setting there.
FINDINGS
- After reviewing the documentary and oral evidence, and submissions of the parties presented at the time of the hearing, the Board found that Mr. Cuvilie continues to represent a significant threat to the safety of the public. Accordingly, the Board determined that a detention order is required to manage the risk to the public, and for reasons that follow in more detail below, the high secure setting at Waypoint is not necessary and appropriate, and not the least onerous or least restrictive outcome at this time. As a result, the Board concluded that Mr. Cuvilie be transferred to CAMH no later than January 30, 2026, and if the transfer is not effected, then a prehearing conference will be convened at the earliest possible date to review the disposition, with a representative from CAMH in attendance.
PERSONAL BACKGROUND
The Hospital Report dated July 8, 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.
Bryan Cuvilie was residing with his mother and his brother, his grandmother and step-grandfather lived next door. He had been prescribed anti-psychotic medication that he had taken prior to the incident. On September 4, 2022, while present with his step-grandfather (the victim) and his grandmother, he began hearing voices instructing him to stab his step-grandfather. As a result, Bryan Cuvilie grabbed a pair of scissors and stabbed his step-grandfather multiple times. His step-grandfather was taken to Brampton Civic Hospital with puncture wounds requiring stitches. The injuries included a perforated liver and a worsening condition that became life-threatening, leading to his transfer to Sunnybrook Hospital where he was deemed stable shortly afterwards. Mr. Cuvilie was arrested for assault causing bodily harm, and the charge was subsequently upgraded to aggravated assault.
Mr. Cuvilie is 32 years old, born in Brampton. Although he was residing with his biological mother at the time of the offence, he has had limited contact with his father over the past 19 years, with the last communication occurring through social media three years ago. He has two biological siblings, including a brother, whom he describes as a positive influence, and another brother currently in jail for drug and firearm offences. He also has two paternal half-siblings in Jamaica with no recent contact. Mr. Cuvilie is the father of a daughter (12 years old) but has not seen her since 2013, with no disclosed circumstances behind the separation.
His mother reported that he was a quiet, reserved child who met developmental milestones and experienced migraines from a young age. During his schooling, Mr. Cuvilie was easily distracted and had difficulty learning, often skipping classes due to peer influence. He completed grade 9 but was expelled following a violent outburst involving furniture. Despite his academic challenges, his mother noted he performed reasonably well with a 70% average.
In adulthood, Mr. Cuvilie worked briefly as a general laborer. He reported daily cannabis use, smoking one gram each day (his mother reported he only started using cannabis when it became legal, and she does not believe it contributed to his mental health issues). Since 2017, he has been supported by the Assertive Community Treatment (ACT) team, living with his mother and brother in Brampton. His mother states he has not demonstrated aggression toward her, and there is a family history of schizophrenia on her maternal side, with no known family history of addiction or criminal behaviour.
A check of the Canadian Police Information Centre database shows that Mr. Cuvilie was found guilty in 2010 of offences under the Youth Criminal Justice Act, including possession of a controlled substance and mischief. These findings were entered while he was a young person and are considered here in the context of his overall risk history. His only conviction as an adult was on May 31, 2013, when he was found guilty of criminal harassment.
Also, it should be noted that the Hospital Report refers to a number of times the police were involved in managing Mr. Cuvilie’s aggressive and threatening behaviour towards family members, particularly his mother and step-grandfather.
PSYCHIATRIC BACKGROUND
Mr. Cuvilie’s current psychiatric diagnoses are Schizophrenia and Cannabis Use Disorder (mild). He has been found capable of making decisions about his medical treatment, and he is capable of managing his finances. He is financially supported by the Ontario Disability Support Program.
Mr. Cuvilie’s mental health history indicates that he exhibited symptoms of psychosis as early as 2012, leading to multiple hospital admissions at Brampton Civic Hospital. A recurring feature of these admissions was delusional and paranoid beliefs about his step-grandfather, which sometimes resulted in aggressive and threatening actions toward him. Since 2017, he has been supported by the ACT team, which provided ongoing assessments, medication management, psychosocial rehabilitation, and links to community resources.
From 2019 Mr. Cuvilie’s mental health fluctuated significantly. Over the following years, his symptoms worsened when he missed medication doses, with reports from his mother describing threats to kill his step-grandfather, followed by episodes of violence, including confronting him with a knife. He was hospitalized multiple times following these incidents. Despite efforts by his psychiatrist to manage his symptoms with long-acting injections and oral medications, he continued to experience auditory hallucinations, paranoid ideation, and delusional beliefs, particularly related to his step-grandfather.
In 2022, his mental health continued to be unstable, with episodes of non-adherence to medication and aggressive behaviours. Mr. Cuvilie was hospitalized again after hitting his step-grandfather and continued to deny any mental health issues. Despite medication treatment, his insight has fluctuated, and he exhibits guardedness and inconsistency regarding his symptoms. He has remained under psychiatric care at Waypoint since the index offence, with his condition in general being stable.
This reporting year – there were no concerning behavioural incidents reported. Mr. Cuvilie is generally calm, cooperative, and able to follow routines. While there were brief episodes of irritability or reluctance to follow directions, these were easily managed and did not escalate.
While insight into his mental illness is limited, Mr. Cuvilie plans to stay on medication. His security level was temporarily lowered this reporting year due to increased symptoms, however, that is currently managed, and his privilege levels have since increased. He attends activities like walks, and visiting the canteen regularly, and he manages daily self-care independently.
EVIDENCE AT THE HEARING
The evidence included comprehensive testimony from Dr. S. Bouskill regarding the current mental health status and behaviour of Mr. Cuvilie. She informed the Board that Mr. Cuvilie was transferred to the Beausoleil program on July 15, 2024, subsequent to which (August 2024), Dr. Bouskill began providing psychiatric care for Mr. Cuvilie.
Dr. Bouskill testified that she had read and agreed with the contents of the Hospital Report, noting that it was written some time ago. She stated that Mr. Cuvilie continues to pose a significant threat to the safety of the public.
Mr. Cuvilie’s presentation has remained consistent with that described in the Hospital Report, with no additional concerns or increase in psychotic symptoms. Mr. Cuvilie has been positive about his progress, having returned to work and attended six therapy sessions. Improvements were reported by occupational therapists, with positive remarks regarding his overall mental condition.
Mr. Cuvilie has completed the Dollars and Cents financial planning group and has agreed to attend other groups, including an integrated wellness group run by recreational therapists that focuses on sleep hygiene, physical health, and diet. Mr. Cuvilie remains compliant with medication, and he is currently at a C5 privilege level (independent off-unit access to the hospital for 4 hours daily), the highest privilege level available to forensic patients at Waypoint.
Regarding readiness for transfer to CAMH, Dr. Bouskill stated that Mr. Cuvilie is appropriate for transfer and that his privileges have been the highest since November 2023. She expressed that there are no concerns about violent behaviour and that from her perspective, a less secure forensic environment continues to be suitable.
After further inquiries, Dr. Bouskill emphasized that Mr. Cuvilie has been on the Beausoleil unit since last year, which is the most privileged and least structured unit available in the forensic system at Waypoint – typically used before patients transfer to a less secure hospital setting. Dr. Bouskill also acknowledged that while Mr. Cuvilie’s symptoms have slightly increased over the last few years, overall, it has been a good year for him, with little change from the previous year.
After further inquiries from panel members, Dr. Bouskill expressed concern that Mr. Cuvilie had not yet been transferred to CAMH.
A panel member inquired about whether Dr. Bouskill had followed up with CAMH as to the status of Mr. Cuvilie’s transfer. She stated that she had written a letter on September 15, 2025, and received no response. Dr. Bouskill also confirmed that a letter sent back in April 2025, to which she had received a response in May 2025, indicated that Mr. Cuvilie was sixth on the transfer list at that time. Dr. Bouskill agreed to follow up with a phone call to Dr. Wilkie at CAMH. Dr. Bouskill also noted that Mr. Cuvilie has been on the waitlist for transfer to CAMH since November 2023, following his initial hearing.
SUBMISSIONS
- After hearing the evidence, the parties’ closing submissions reflected their initial positions. The Representative for the Hospital urged the Board to consider the joint submission as put forward initially and now supported by the evidence contained in the Hospital Report and the testimony by Dr. Bouskill. Counsel for the Attorney General congratulated Mr. Cuvilie for having had a very good year and for his patience, recognizing that he has been on the transfer waitlist for almost 2 years. Counsel for Mr. Cuvilie agreed with the joint submissions and advocated in hopes that Mr. Cuvilie’s transfer to CAMH would happen very soon.
ANALYSIS AND CONCLUSION
(a) Significant Threat
The Board must first determine whether Mr. Cuvilie continues to pose a significant threat to the safety of the public as defined in the seminal case of Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. Based on the totality of the evidence, including the testimony of Dr. Bouskill, recent clinical findings, and the risk assessment results, the Board concludes that Mr. Cuvilie continues to meet the legal threshold for a finding of ‘significant threat.’
Mr. Cuvilie’s HCR-20 risk assessment reveals numerous static and dynamic risk factors across all domains, including a history of violence, relationship instability, employment issues, substance use, major mental disorder, traumatic experiences, and poor treatment and supervision response. While he has demonstrated some compliance with medication at Waypoint, he has a past of non-adherence to prescribed antipsychotic medications, and circumventing treatment options.
His violent acts have primarily targeted his step-grandfather due to delusional beliefs, resulting in an aggravated assault charge, ultimately leading to his detention in a high secure forensic hospital. As a result of ongoing symptoms of schizophrenia, Mr. Cuvilie demonstrates a lack of insight into his mental illness and its connection to violence, and less than favourable engagement in his risk management plan. Specifically, the main areas of concern are compliance with psychiatric services and treatment plans, living situations, treatment response, and issues surrounding stress and coping mechanisms.
While in a highly controlled forensic hospital environment, Mr. Cuvilie has shown medication compliance and established positive relationships with staff, he continues to exhibit symptoms of psychosis, including disorganized behaviour, impulsivity, and perceptual disturbances. However, the protective factors include some self-control and easily redirected agitation, motivation for treatment, medication compliance, a supportive relationship with his mother, and overall stability under intensive supervision.
Given these concerns, without the necessary level of supervision, his risk of future acts of violence remains significant. Notwithstanding, we acknowledge that when Mr. Cuvilie is transferred and detained at a less secure, but nonetheless, structured forensic environment, those concerns could be appropriately addressed.
(b) Necessary and Appropriate
The Board must next determine the disposition that is necessary and appropriate in the circumstances. The disposition must embrace the principle of the ‘least onerous and least restrictive’ outcome, with due consideration given to Mr. Cuvilie’s liberty interests, which must also be consistently weighed together with concerns for public safety, taking into account his mental condition, and his reintegration into society, as required by s. 672.54 of the Criminal Code.
While the Board acknowledges the significant risks that Mr. Cuvilie poses to public safety, it is also important to consider the principle of ‘least onerous and least restrictive’, as articulated in Shortt (Re), 2020 ONCA 651 – where the Court emphasized the need for the government to respond meaningfully to forensic patient needs and facilitate transition to a more appropriate setting. On this point, the Board notes with considerable concern that it has previously ordered Mr. Cuvilie’s transfer to a less secure forensic hospital setting, CAMH, two years ago, and to date, he continues to be on an interprovincial waitlist, while he remains detained at Waypoint.
Notably, continued high secure detention is not only failing to promote Mr. Cuvilie’s long-term rehabilitation but, after an extended period, may actually begin to undermine his progress and be detrimental to his overall well-being. This is particularly concerning, as this is the third consecutive disposition under the Board’s jurisdiction, ordering Mr. Cuvilie’s transfer to CAMH, highlighting that high-security detention is not the least onerous, least restrictive disposition for Mr. Cuvilie.
However, the Board understands that delays in implementing clinical recommendations or transitioning forensic patients to less restrictive environments are often the result of systemic constraints, not a lack of due diligence on behalf of the forensic hospitals, or their staff. Reasonable delays should be understood within that context, in that they reflect the challenges of balancing individualized care with broader system demands.
Further, the Board is mindful of the Court’s decision in Tobin (Re), 2025 ONCA 489, where the Court found that the Board erred in failing to include a term in its disposition requiring the exercise of due diligence in pursuing the ‘least onerous, least restrictive’ outcome. In other words, the Board has an obligation to provide a remedy, and that must be reflected in the Board’s order, not simply a suggestion in its reasons.
In this case, the Board has previously expressed its view that a less restrictive setting at CAMH is the most appropriate forensic hospital setting for Mr. Cuvilie. We again find that the necessary and appropriate outcome for Mr. Cuvilie is a transfer to CAMH, because he no longer requires the high secure setting at Waypoint to manage his risk to public safety. Yet the transfer has been delayed for an extended period of time. Just as the Court in Tobin (Re) found the need to ensure the hospital took active steps to secure appropriate housing, this Board must ensure that its direction to transfer Mr. Cuvilie to CAMH is implemented expeditiously, avoiding any additional delay.
The Board's order is not merely a suggestion, but a condition, requiring both Waypoint and CAMH to take concrete steps to facilitate the transfer, failing which the Board will require a detailed explanation and timeline for implementation. On that basis, the Board explicitly orders that Mr. Cuvilie be transferred to CAMH no later than January 30, 2026. Failing the completion of this transfer by that date, the parties are ordered to attend a pre-hearing conference with a representative from CAMH to explain the reasons for the further delay and to establish a firm timeline for the transfer.
Further, the Board directs that an early review hearing be scheduled at the prehearing conference referred to above if Mr. Cuvilie is not transferred to CAMH by January 30, 2026, to ensure accountability and to address any ongoing barriers to Mr. Cuvilie’s transfer. Such a transfer would still require medication monitoring, and prompt intervention in the event of decompensation, as well as continued restrictions on unsupervised community access, including restrictions on visiting his mother at home because the step-grandfather/victim presumably still resides next door.
We commend the treatment team at Waypoint for their continued diligence and support of Mr. Cuvilie’s recovery and rehabilitative process. We also commend Mr. Cuvilie’s commitment to recovery efforts, and his steadiness and patience as he awaits his transfer to CAMH.
DATED this 25th day of November 2025, at the City of Toronto, in the Toronto Region.
Ms. A. La Viola
Legal Member
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Office of the Registrar
Ontario Review Board