Ontario Review Board
Re: Bertrand Cabana
ORB File No: 8515
Hearing held on: Friday, October 24, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. S. Lessard
Dr. G. Boulais
Mr. P. Hageraats
Mr. R. Rainboth
Parties Appearing:
Accused: Bertrand Cabana Counsel: Mr. N. St. Pierre
Person in charge of hospital: Representative: Dr. M. Strike
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated December 18, 2025)
Introduction
On March 13, 2024, the accused, Bertrand Cabana, was found not criminally responsible on account of mental disorder on charges of theft over $5,000 and dangerous operation of a motor vehicle, all contrary to the Criminal Code of Canada (“Criminal Code”). Mr. Cabana is currently subject to a disposition of the Ontario Review Board dated September 18th, 2024, which detains him at the secure forensic unit of the hospital with privileges up to and including to live in the community, in accommodation approved by the person in charge.
On October 24th, 2025, the Ontario Review Board convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the Hospital or the ROMHC, to conduct Mr. Cabana’s annual review hearing pursuant to section 672.81(1) of the Criminal Code. Mr. Cabana attended his hearing and was represented by his counsel, Mr. Nicholas St. Pierre.
The issues for this hearing were whether Mr. Cabana represents a significant threat to the safety of the public, and, if so, what is the necessary and appropriate disposition to manage the risk.
Without Prejudice Position of the Parties
- Dr. Strike recommended a change from a detention disposition to a conditional discharge. Ms. Dufort advised that she wished to hear evidence before indicating the position of the Attorney-General. Mr. St. Pierre stated he was seeking an absolute discharge for his client.
Index Offences
- The circumstances of the index offences are set out in the hospital report and can be summarized as follows:
“On May 8, 2023, Mr. Cabana, attended the Rockcliffe Flying Club where he entered a parked aircraft and turned it on. While attempting to fly it, he struck another parked airplane which caused the airplane to go in the air and quickly crash down, striking another parked airplane in the process.”
Current Diagnoses
Substance Induced Psychosis,
Cannabis use disorder, in sustained remission
Amphetamine-type stimulant use disorder, in sustained remission
Evidence
The Board admitted into evidence the Hospital Report dated September 20th, 2025, as Exhibit 1. This document provides a great deal of information concerning Mr. Cabana’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequence to the index offences. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.
In addition to the documentary evidence the Board also heard from Dr. Strike. She advised that Mr. Cabana has been substance-free for the entirety of the reporting year. However, he has no insight to the link between future drug use and the onset of psychosis.
Mr. Cabana’s objective is to work with heavy machinery and to ride his bicycle to British Columbia. If he receives an absolute discharge, he intends to move to British Columbia and to live off grid.
In March 2018 Mr. Cabana was convicted of arson and obstructing a police officer. In 2019 he was convicted of stealing a forklift.
Mr. Cabana has now been without psychotic symptoms for two years. Therefore, his diagnosis is now that of a Substance Induced Psychosis relating to methamphetamines. He is both treatment and financially capable. He has a long history of decompensation associated with stress, substance use and falling away from psychotropic medications. He therefore presents a continuing real risk of criminal behaviour even though it remains premature to say if he will experience another psychotic episode.
Dr. Strike opined that Mr. Cabana continues to present a risk to public safety due to his history of criminal offences and psychotic episodes. Therefore, a conditional discharge without a residency requirement is necessary and appropriate to manage his risk. Mr. Cabana has remained abstinent from substances which trigger the onset of his psychosis. He has progressed to a point that his risk can be managed absent the use of a Form 49 and absent the specification of his residence.
The Wymering Group Home has provided Mr. Cabana with stable housing in the ten months since his release from prison and Dr. Strike therefore recommends that he remain there. A detention disposition with an approved residence is not recommended at this time because it would place his social worker in a position of having to select a residence for him which would cause conflict.
Mr. Cabana is one of the few patients who has been moved directly from the Ottawa-Carleton Detention Centre (“OCDC”) to the community. He engages well with the treatment team and Dr. Strike is confident that he will continue to actively participate in programming and follow his treatment plan. Mr. Cabana is a positive role model for his peers at the Wymering Residence. He does not like when others consume substances around him.
At Ms. Dufort’s request, the following documents were entered as Exhibits, 2, 3 and 4, respectively:
Criminal Record,
October 24th email from Ms. Dufort describing motor vehicle theft and dangerous driving charges from December 2017.
Mental Health Act Section 21 report prepared by Dr. Dominque Bourget dated April 15th, 2020.
Mr. Cabana’s intention if ordered subject to a conditional discharge is to rent a room in the community as he believes this will give him more disposable income. He states he will not go to British Columbia until he receives an absolute discharge.
Mr. Cabana still lacks insight regarding the dangerous use of a vehicle, even in the absence of substance use. He believes that because he no longer consumes methamphetamine, he can drive anything. In Dr. Strike’s opinion, Mr. Cabana’s personality structure presents a chronic risk of criminal activity, stealing whatever type of vehicle has not been effectively secured in his environment.
The 2020 Section 21 Report authored by ROMHC forensic psychiatrist Dominique Bourget indicates that Mr. Cabana occasionally took stimulants contrary to her direction. Dr. Strike advised that Mr. Cabana had consistently told his treatment team that he started stimulant use after he began residing in shelters. This is because he wanted to remain alert so that his personal possessions were not stolen. She added that Mr. Cabana was homeless in 2017 when his consumption of methamphetamine use began and seems to have continued until the commission of the index offences.
Mr. Cabana’s son is an Air Canada pilot and was suspended during the criminal investigation that followed the index offence. This was because the investigation included an examination of whether the airplane theft was related to terrorism. Mr. Cabana has had no contact with his family since his admission to the ROMHC despite the best efforts of the treatment team.
Responding to questions from Mr. St. Pierre, Dr. Strike advised that she does not believe her patient suffers from an ongoing psychotic disorder as he has not taken antipsychotics for several years and has not suffered a relapse. His primary risk scenario involves the consumption of substances, the onset of psychosis and the theft of a vehicle. Mr. Cabana also presents an innate risk to steal any type of vehicle if presented with the opportunity.
Dr. Strike’s concern if Mr. Cabana receives an absolute discharge and moves to British Columbia is that he will become homeless, end up in a shelter and then resume substance use. She does not perceive Mr. Cabana has any other plans than to return to live in nature in British Columbia. Dr. Strike agreed with Ms. Dufort’s suggestion that Mr. Cabana’s desire to live off grid constitutes a risk as it removes him from friendships and community services. A panel member inquired if Mr. Cabana’s desire to go to British Columbia by bike and live off grid are personal desires or a manifestation of his illness. Dr. Strike responded that no signs of hypomania are evident, that these are longstanding personal desires that show no link to illness. Dr. Strike noted that her patient regrets the incident that occurred at the time of the index offence but minimizes it as he associates the event with substance use.
At present Mr. Cabana no longer has his pilot licence but could seek to have it reinstated. By contrast, his driver’s licence has been suspended for life.
Responding to questions from another panellist, Dr. Strike stated that she was not previously aware that a detention disposition with permission to reside in the community absent a residence specification was possible. As a result, she spontaneously altered the hospital’s position to recommend a detention disposition which includes the term described in the previous sentence. She observed that a loosening of terms, albeit within a detention disposition, was warranted because of Mr. Cabana’s internal motivation to avoid substances and ongoing engagement with treatment/programming.
Mr. Cabana was called to testify. He stated that he has been at Wymering Place for a year. Staff there and the treatment team are good people who have helped him a lot. When he was living in shelters or crisis centres, he could not sleep and this was difficult for him. He will continue to work to abstain from substances. He apologized for events that have occurred and is now looking ahead.
Asked what ties he has to Ottawa, Mr. Cabana did not respond directly but stated that while he lived at the Salvation Army all his documents were taken, that he was subsequently treated at the Ottawa Hospital and that they asked him to remain longer for follow-up.
Asked to draw a connection between being treated by Dr. Strike and his abstinence from substances, Mr. Cabana responded that he is no longer living in a shelter. He now has good people around him and he appreciates the care he receives from the treatment team. He has not yet begun looking for another residence. He does not intend to start his bike trip to British Columbia in the winter.
Closing Observations
- Dr. Strike reiterated that she had changed her initial position to recommend a detention disposition with the removal of an approved residence and the addition of a term that Mr. Cabana reside in the community of Ottawa/Gatineau. She further noted that subparagraph 4(a) should be removed:
4(a) abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;
Ms. Dufort submitted that Mr. Cabana has had a substance abuse problem for several years. She noted that in 2005 he was convicted of producing substances and possession of substances and sentenced to two years less a day. At present, Mr. Cabana refuses to engage in substance programming. His desire to relocate to British Columbia and live off grid is referenced as early as 2020 in Dr. Bourget’s Section 21 report.
Ms. Dufort further submitted that Mr. Cabana is doing well in a structured living environment with extensive oversight by the hospital’s outpatient treatment team who continue to manage his risk. The index offence infractions were very serious, could have been catastrophic and clearly placed the public at risk. The hospital needs to be able to return Mr. Cabana quickly to hospital if he consumes as it clearly impacts his mental state.
Mr. St. Pierre conceded that an absolute discharge may not be appropriate and would therefore focus his submissions on the propriety of a conditional discharge. Since his arrest Mr. Cabana has been cooperative and engaged. His desire to go to British Columbia seems overly optimistic but indicative of a wish to return to an area where he previously enjoyed living. Further, wanting to sail around the Gulf Islands is a lovely aspiration. Mr. Cabana is hopeful to ride his bike to British Columbia. This is not out of the question if his health allows. At Wymering Manor Mr. Cabana benefits from a stable living environment and appreciates the hospital services he receives. According to Mr. St. Pierre, it is certain that his client will remain at Wymering Manor for at least six months, but he cannot say if Mr. Cabana will remain there until October of 2026.
Mr. St. Pierre submitted that it is inappropriate to maintain Mr. Cabana on a detention disposition when the objective is to return him to the community. Mr. St. Pierre understands that his client has a long history of vehicular theft but this no longer represents a significant risk to the community. Mr. Cabana states he has no intention to consume substances in the future as this activity now disgusts him. This a significant step forward and a conditional discharge is therefore the natural evolution to recognize the progress achieved.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from a criminal offence.
In determining whether Mr. Cabana continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Cabana continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the Hospital position in this regard which was supported throughout by the Attorney General’s Representative as well as the initially divergent position of Counsel for Mr. Cabana. After having heard Dr. Strike’s evidence Mr. St. Pierre advised that he would not be contesting the ongoing presence of significant threat and the panel therefore deliberated over this issue based on a joint position. The panel ultimately accepted the expert evidence of Dr. Strike that Mr. Cabana continues to pose a significant threat. In arriving at this determination, the Board considered the joint position of the parties and relied on the contents of the Hospital Report, specifically, Dr. Strike’s current Risk Assessment which at page 14 describes this patient’s most likely risk scenario as:
property offences in the context of substance use. He also presents a risk of driving offences, which could occur in his present mental state without the effects of substances.
- Dr. Strike’s put forward that Mr. Cabana suffers from Substance Induced Psychosis previously complicated by Amphetamine-type stimulant use disorder, in sustained remission as well as Cannabis use disorder, also in sustained remission. The evidence before us supports her contention that without continued forensic oversight Mr. Cabana presents an ongoing risk of property offences that are criminal in nature in the context of substance use. He also represents a significant risk of criminal driving offences, which may occur in his present mental, state even without the use of substances.
(b) Necessary and Appropriate
Flowing from the Board’s finding that Mr. Cabana continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Cabana’s needs pursuant to s. 672.54 of the Criminal Code. Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Cabana poses to the safety of the public while still meeting his needs, is a Conditional Discharge with the terms and conditions as set out in the Disposition that preceded these Reasons.
The panel recognizes the progress Mr. Cabana has made under the care of Dr. Strike and her treatment team. In the absence of an intervening admission, he has transitioned successfully from the OCDC to the community accommodation. At Wymering Manor Mr. Cabana has remained adherent to his treatment plan and is considered internally motivated to remain abstinent from substances.
When the index offences occurred Mr. Cabana was homeless whereas he is now afforded a structured housing environment that has enabled ongoing mental stability in the absence of a psychotropic treatment regime. Nevertheless, Mr. Cabana diagnosis of Substance Induced Psychosis continues to manifest an acute risk of rapid decompensation were he to resume substance use. This is particularly the case as he is not treated with an antipsychotic. It is therefore appropriate to require that he remain abstinent from substances.
Mr. Cabana’s propensity to use substances, in particular methamphetamines, was tied to his desire to stay alert in a shelter setting, thereby protecting his personal belongings from theft. This is borne out by the evidence of Dr. Strike and of Mr. Cabana who connects his abstinence to not having to reside in shelters and the care/support he receives at Wymering Manor. Clearly, the combination of stable housing and ongoing forensic services have enabled Mr. Cabana to remain in the community with stable housing. The specific condition that Mr. Cabana not leave the province of Ontario without an approved itinerary is intended to preclude him from absenting himself from the Board’s jurisdiction and moving to British Columbia. At present, this would spike his risk of homelessness, re- dependence on shelters and the resumption of substance use. This very same sequence in May of 2023 caused a rapid mental decompensation and a corresponding significant risk to public safety.
The panel is satisfied that Mr. Cabana would return to hospital for assessment and admission if requested to do so. By history, he has a pattern of rapid decompensation tied to substance and/or alcohol use as well as rapid recovery once treatment is initiated. Therefore, given his recent stability, a Conditional Discharge Disposition in tandem with the provisions of the Mental Health Act are deemed necessary and appropriate to manage this patient’s risk and enable his return to hospital for assessment and admission as required.
Conclusion
- In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Strike and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Cabana’s mental condition and his reintegration into society and other needs.
DATED this 18th day of December 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
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Office of the Registrar Ontario Review Board