Ontario Review Board
Re: Cheyenne Blackwell
ORB File No: 8607
Hearing held on: Monday, December 1, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein
Members: Dr. R. Kunjukrishnan Dr. R. Cormier Mr. D. Sandor Mr. A. Bernardo
Parties Appearing:
Accused: Cheyenne Blackwell Counsel: Ms. K. Robins
Person in charge of hospital: Representative: Dr. A. Sandhu
Attorney-General of Ontario: Counsel: Ms. E. Davies
REASONS FOR DISPOSITION
(Dated December 24, 2025)
Reasons for the Majority
(Mr. J. Weinstein, Mr. D. Sandor, Dr. R. Cormier and Mr. A. Bernardo)
Introduction
On August 9, 2024, Ms. Cheyenne Blackwell, was found not criminally responsible on account of mental disorder on charges of possession of a weapon for a dangerous purpose and criminal harassment, both contrary to the Criminal Code of Canada.
Ms. Blackwell is subject to the terms and conditions of a Disposition of the Ontario Review Board (the "Board"), dated December 3, 2024, which orders that she be detained at the Secure Forensic Unit, Royal Ottawa Mental Health Centre (“Royal Ottawa”).
On December 1, 2025, the Board convened a hearing at the Royal Ottawa to conduct the annual review of the current Disposition.
Ms. Blackwell was present at the hearing and was represented by her counsel, Ms. K. Robins.
A Hospital Report ("Hospital Report"), dated November 18, 2025, was entered as Exhibit 1.
The issues at this hearing were whether Ms. Blackwell is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code, and, if so, what is the necessary and appropriate Disposition in the circumstances, considering the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below, the majority members of the Board found that Ms. Blackwell is not a significant threat to the safety of the public and ordered that she be discharged absolutely. For the separate reasons also set out below, the minority member felt that a conditional discharge was the appropriate Disposition.
Current Diagnoses
Post-Traumatic Stress Disorder
Cannabis Use Disorder, in sustained remission
Opioid Use Disorder, in sustained remission
Index Offences
- The circumstances giving rise to the Index Offences are extracted from last year's Board Reasons:
“The police occurrence report notes that on May 21, 2023, Ms. Blackwell called 911 and said that she wanted to kill her mother and father.
Patrol officers arrived at Cindy Blackwell’s residence to alert her to the threat. Cindy Blackwell stated that Cheyenne suffers from mental health issues. She went into her residence and locked the front door.
Cheyenne’s boyfriend, Myomin Oo, arrived on the scene as he indicated he received a text message from Cheyenne that she was “on my way to kill my parents.” So, he attended the area to see if he could locate her.
Cheyenne Blackwell arrived at the residence's side with a box cuter in hand. She observed the officers standing near the residence and made attempts to run around them and gain access to the residence. She attempted to open the locked door with the box cuter in hand, at which time she was arrested. She pleaded with officers upon arrest, “Just let me do it.” It is noted that while she was carrying the box cuter, “the blade was not up.”
Further investigation by police discovered that there had been a post on Cheyenne’s Facebook page that morning that stated she was “thinking of murdering my biological parents.” This had been reported to police by Cindy Blackwell when they attended her home before Cheyenne got there.”
Personal, Criminal, and Psychiatric History
- Ms. Blackwell’s personal, psychiatric, and criminal history are outlined in the hospital report, and they are accurately summarized in last year’s Reasons:
Personal History
“Ms. Blackwell has an older half-brother, an older full sister, and four younger siblings (three of them female, the youngest with autism). She reported that when she was around age 6 or 7, she had been sexually abused by her older brother.
Concerning her childhood relationship with her mother, Ms. Blackwell described that some of her interactions with her mother were good, but mostly only during a crisis. She recalled stopping eating around age 9 or 10 and that her mother would leave food at the door and try to coax her to eat and talk about what was wrong. She stated that they always had enough food and clothing and that her parents were regular cannabis smokers.
Ms. Blackwell loved school and enjoyed learning and interacting with others. She had a relationship with her teachers and students. Academically, she did well except for needing extra help with reading in grade 3 or 4. She recalled that around grade 5, she started stealing money from her parents to buy candy or food she liked. She participated in sports, arts, and crafts, and did a leadership program.
Ms. Blackwell reported that in the spring of grade 9, she was raped. She did not tell anyone at the time. Following the rape, she had chronic severe difficulty sleeping and began self harming by cutting herself to numb her emotional pain. Her grades "plummeted," and she stopped going to school because she felt overwhelmed. She started smoking more cannabis and spending time with others who smoked.
Over time, her alcohol and drug use worsened.
On March 1, 2019, she suffered a hip injury. Over time, she developed “Chronic Regional Pain Syndrome (CPRS).”
Throughout 2021, she would not leave the house unless she was with her older sister or her mother. In the fall, she did high school courses remotely from home. In late 2021, she and Myomin Oo, who had remained friends, reconnected romantically. After four to six months of dating, he noticed that her mental health was deteriorating with increased self-harm and suicidal ideation. He asked his parents if she could come and live with them, and they agreed.
Ms. Blackwell reported that the situation at Mr. Oo’s family home started well but later deteriorated. His brother was also living there with a girlfriend. His parents said no animals could live in the home because they ran an on-site daycare.”
Criminal History
“Ms. Blackwell has no prior criminal record.”
Psychiatric History
“Ms. Blackwell reported that around age 10 or 11, she began hearing voices that “progressed into body- shaming talk.” On August 28, 2020, Ms. Blackwell presented to the emergency room at TOH with a one-month history of depressive symptoms and suicidal ideation. She was referred to psychiatry for an assessment.
On October 27, 2020, Ms. Blackwell presented to the Queensway Carleton Hospital (QCH) ER after calling a helpline with suicidal ideation. Police were called and brought her to the emergency room voluntarily. She was placed on a Form 1 and saw the on-call psychiatrist, Dr. Boyles who felt that personality factors played a role in her presentation.
On April 23, 2023, Ms. Blackwell presented to the Queensway Carleton Hospital (QCH) ER with suicidal thoughts and the idea of jumping out of the car to harm herself. At this point, she stated that nine months previously, she had seen a distressing video of her pet bird which drowned. She had stopped taking duloxetine and quetiapine in the intervening few years. The ER physician spoke with psychiatry on the phone, and they recommended that she be started on Cipralex along with the quetiapine for sleep, and an outpatient mental health clinic referral was placed.
On April 27, 2023, Ms. Blackwell presented to the QCH with a recurrence of her suicidal symptoms from earlier in the week. She had said to the ER physician that she wanted to “kill herself or kill someone else.” The ER physician noted that “she has a fairly fixed affect” and that “her thought content was a little bit difficult to follow.” Other than this, he encouraged her to take her medication more frequently and to follow up with the outpatient psychiatrist as previously arranged. Ms. Blackwell attempted to strangle herself with a hoodie string while in the ER, but this was apparently dismissed, and she was told to leave.”
Course since Last Disposition
- Ms. Blackwell’s course since her last Disposition is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:
“Ms. Blackwell continued to work on grade 11 courses and was attending school daily. With respect to her mental health, she was working with Dr. Mercer (CMHA, psychiatrist), on prolonged exposure programming in the context of Dialectical
Behavioural Therapy. Together they worked on measuring the extent of her nightmares and dissociative symptoms.
Ms. Blackwell continued to abstain from alcohol, cannabis, and other substances. She denied any cravings for cannabis or other substances.
In New Year, Ms. Blackwell continued engaging in psychosocial rehabilitative groups, specifically, Risk and Recovery.
Ms. Blackwell also began driving school with the intent of working towards her G2 driver’s license. She began working part time evening shifts facilitating sports. She had goals of starting full time school in September towards becoming a veterinary technician. She also graduated from Risk and Recovery Group.
Over the treatment year, Ms. Blackwell has not demonstrated any known aggression towards property or individuals. Ms. Blackwell has not had any positive urine drug screens for alcohol, cannabis, or other substances.”
Position of the Parties
- This was a joint submission. Dr. Sandhu, as representative for the hospital and most responsible treating physician, counsel for the Attorney-General, and counsel for Ms. Blackwell advised that all were adopting the hospital recommendation for an Absolute Discharge.
Evidence at the Hearing:
- The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Sandhu. Dr. Sandhu is Ms. Blackwell’s treating psychiatrist and coauthored the Hospital Report. He testified as follows:
a) Ms. Blackwell was found NCR because of post traumatic stress disorder (PTSD), following her Index Offences. Initially, the hospital had limited documented psychiatric history, although there were E.R. visits and hospital admissions.
b) Over the past year, Ms. Blackwell has engaged consistently with hospital programming and outpatient therapy, with her CMHA caseworker, Dr. Mercer, and her Forensic Case Manager.
c) Ms. Blackwell has been able to manage her PTSD symptoms by implementing mindfulness, grounding and structured coping protocols.
d) Ms. Blackwell’s nightmares and flashbacks have decreased both in severity and frequency. She has not experienced any dissociation episodes leading to loss of control over her actions in the past reporting year.
e) Ms. Blackwell is adherent with her medication regimen and has presented as stable on it, with no concerning side effects.
f) Ms. Blackwell has demonstrated strong insight into her PTSD symptoms, as well as their connection to her Index Offences.
g) Ms. Blackwell is self-directed and internally motivated in her engagement with therapy and her use of coping strategies.
h) Ms. Blackwell has maintained her abstinence from alcohol, cannabis and other substances.
i) Ms. Blackwell has not engaged in any acts of aggression or violence.
j) Ms. Blackwell has shown an improved ability to self-regulate under stress.
k) Ms. Blackwell has very positive social supports in the community, including her fiancé, her case manager and CMHA.
l) Ms. Blackwell has not needed any interventions under the Mental Health Act over the past year.
m) Should Ms. Blackwell get an Absolute Discharge, she would continue working with himself and Dr. Mercer, as they seek to transition her to other community care.
- In response to questions from counsel for the Attorney-General, Dr. Sandhu testified:
a) Ms. Blackwell has demonstrated appropriate insight into her PTSD symptoms and the impact they have on her. Ms. Blackwell has been able to use structured coping techniques, including mindfulness, grounding and other practices, to cope with her PTSD.
b) If Ms. Blackwell were to experience decompensation in her mental state after receiving an Absolute Discharge, the Mental Health Act provides sufficient mechanisms to manage her risk.
c) Ms. Blackwell has indicated that she is prepared to continue engagement with the services and supports provided to her during any transition to primary care.
- In response to questions from the panel, Dr. Sandhu testified:
a) Ms. Blackwell has had psychiatric contacts in the past, but these incidents were not related to the PTSD-related dissociation that led to the Index Offences.
b) The possibility was considered that Ms. Blackwell may be suffering from borderline personality traits, as there is an overlap between PTSD and borderline features. However, while borderline traits were considered, they were not clinically present in the past year. In particular, Ms. Blackwell’s stable housing, relationships and treatment engagement show a positive personality function.
c) Ms. Blackwell’s prognosis is positive because of her intrinsic motivation, adherence to her medication regimen, and reliable supports.
d) He has interviewed Ms. Blackwell’s fiancé and found him to be a positive support.
e) Despite the relatively short supervision period, Ms. Blackwell’s consistent progress and reliability justify an Absolute Discharge.
f) Ms. Blackwell no longer represents a significant threat; she would not engage in a serious criminal act, neither of physical, nor psychological, harm that would justify a disposition other than an Absolute Discharge.
g) The Mental Health Act could be used to address any risk of harm Ms. Blackwell may represent to the safety of the public.
h) His opinion is not speculative.
No other evidence was called.
The central issue is whether Ms. Blackwell is a significant threat to the safety of the public.
The relevant legal principles to be applied to the evidence, with respect to the issue of significant threat, are summarized in the decision of the Ontario Court of Appeal in Marmolejo (Re), 2021 ONCA 130 at paras 34-37:
“… the role of the Board is first to determine whether an NCR accused represents a significant threat to public safety. If the answer to that question is ‘no’ or uncertain then the NCR accused must be discharged absolutely: Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, [1999] S.C.J. No 31, at pp. 659-61, 669 S.C.R. If the NCR accused does present a significant threat, the Board must either conditionally discharge or detain the individual: Winko, pp. 662, 669 S.C.R.
It is important to bear in mind that the Board's responsibility to grant an absolute discharge is non-discretionary in the event that it harbours any doubt about whether the NCR accused represents a significant threat: Carrick (Re), 12018 O.J. No. 487iL 2018 ONCA 752, at para. 16. As the majority of the Supreme Court emphasized in Winko, at pp. 652-53 S.C.R.: "Once an NCR accused is no longer a significant threat to public safety, the criminal justice system has no further application."
Individuals with mental disorders are not inherently dangerous: Winko, at p. 653 S.C.R. There is no presumption of dangerousness and no burden on the NCR accused to prove a lack of dangerousness: Winko, at pp. 660-61, 662 S.C.R. Rather, the legal and evidentiary burden of establishing significant threat rests on the Board or the court: Winko, at p. 663 S.C.R.
The threshold for significant risk is "onerous": Carrick (Re) (2015), 128 O.R. (3d) 209, [2015] O.J. No. 6524, 2015 ONCA 866, at para. 17. A significant threat to the safety of the public means a foreseeable and substantial risk of physical or psychological [page195] harm to members of the public: R. v. Ferguson, [2010] O.J. No. 5138, 2010 ONCA 810, at para. 8. The conduct must be of a serious criminal nature: Ferguson, at para. 8. A very small risk of grave harm will not suffice, nor will a high risk of trivial harm: Ferguson, at para. 8. The threat must be more than speculative in nature; it must be supported by evidence: Winko, at p. 665 S.C.R.; Pellett (Re) (2017), 139 O.R. (3d) 651, [2017] O.J. No. 5025, 2017 ONCA 753, at para. 21.”.”
Ms. Blackwell has no problem with insight, violent ideation or clinical instability.
Over the treatment year, Ms. Blackwell has taken responsibility for her mental health symptoms, with consistent engagement in medication-based, and non-medication-based, therapies. She continues to use a range of tools to appropriately manage her symptoms of PTSD, including dissociation, and their frequency has decreased. Dr. Sandhu has indicated that he will continue to follow Ms. Blackwell for up to a year, while she continues to receive community resources and treatment through CMHA as well.
In this case, the Board cannot identify a real, significant risk of physical, or psychological, harm to members of the public that goes beyond the merely trivial or annoying. The Board cannot make a positive finding that Ms. Blackwell represents a risk that is criminal in nature. Such a finding is what Winko requires.
Dr. Sandhu’s uncontroverted evidence is that the Mental Health Act would be sufficient to manage Ms. Blackwell’s risk to the safety of the public.
As Appellate courts have observed in several cases, the threshold for a finding of significant threat to the safety of the public is onerous. Upon a careful review of all of the evidence, and of the parties’ submissions, the majority members are unable to find that Ms. Blackwell is a significant threat to the safety of the public. Therefore, the majority members have concluded that Ms. Blackwell must be absolutely discharged.
Reasons of the Minority
(Dr. R. Kunjukrishnan)
Ms. Blackwell was found NCR on 09-08-2024 at 23 years of age. Her index offenses were possession of a weapon for dangerous purpose and harassment, date of the offense being 21-05-2023 at age 22. Victims were her parents.
Ms. Blackwell was held in OCDC after the index offences and received psychiatric treatment there from Dr. Wood who diagnosed her with Depression and Cluster B personality traits.
Ms. Blackwell was a victim of emotional and sexual abuse, starting at age 7 when she was abused by her older brother. At age 15 she was raped by an older high school student. At 16 she had a boyfriend, a 32-year-old man who abused her and introduced her to drug abuse. She also had a physical condition, a pain syndrome for which she was prescribed Opioids which also led to her substance abuse problem.
Ms. Blackwell attended emergency departments in many hospitals with symptoms of depression and suicidal thoughts, experienced symptoms of dissociation and auditory hallucinations, showed self-harming behaviour of head banging. After she was released from OCDC on bail, she was living with a family she had known from age 6. Eventually she was asked to leave that home due to aggressive behaviour towards them. Currently she is living with a new boyfriend. She has made some progress in her educational goals.
In my opinion to be released on an absolute one and a half years after the index offense is premature. She has been on a detention order for the last 16 months. She is still dealing with interpersonal problems, and sad memories about the abuse she suffered over the years. Her potential for aggression is still present, and it is related to her Borderline Personality traits/disorder. She will need ongoing treatment for many more years as PTSD and Borderline traits cannot be cured but can be managed with treatment.
I believe that she should be placed on a conditional discharge so that she can continue to receive support and treatment.
DATED this 24th day of December 2025, at the City of Toronto, in the Region of Toronto.
Mr. J. Weinstein Alternate Chairperson
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Office of the Registrar Ontario Review Board