Re: Billy Beni Gisage, 2025 CanLII 144724

Ontario Review Board

Re: Billy Beni Gisage

ORB File No: 8781

Hearing held on: Thursday, October 23, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.47(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. G. Boulais

Dr. S. Lessard

Mr. P. Hageraats

Mr. R. Rainboth

Parties Appearing:

Accused: Billy Beni Gisage

Counsel: Ms. M. Lord

Person in charge of hospital: Representative: Dr. M. Strike

Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated December 9, 2025)

Introduction

1. Mr. Billy Beni Gisage appeared in Court on charges of impaired driving and dangerous operation of a motor vehicle, offences contrary to the Criminal Code of Canada. Based on expert testimony presented in Court on May 9, 2025, Mr. Gisage was found not criminally responsible on account of mental disorder (“NCR”). Rather than render a disposition, the Court chose to have Mr. Gisage appear before the Ontario Review Board (“ORB” or “the Board”) for the Board to render an initial disposition.

2. On October 23, 2025, the Board convened at the Royal Ottawa Mental Health Centre (“ROMHC” or “the hospital”) to review the matter and to consider a disposition.

3. Mr. Gisage attended the hearing. It was held in the French language. He was represented by counsel, Ms. Mélanie Lord. Also present were Mr. Gisage’s mother and the hospital social worker, Mr. Jean-Michel Frechette.

4. The Board received documents which were filed in evidence, including the following:

• Ottawa Police Service Charge Sheet
• Criminal Record Inquiry
• Release Order
• Ontario Court of Justice Transcript of Proceedings held on May 9, 2025
• Information dated January 8, 2022
• Court Assessment Orders dated October 18 and December 11, 2024
• Hospital Report to the Court, on the issue of Criminal Responsibility, dated January 14, 2025
• Hospital Report to the ORB, dated September 20, 2025

5. The issues for this hearing are whether Mr. Gisage represents a significant threat to the safety of the public, and, if so, to determine the disposition that is necessary and appropriate in the circumstances.

Positions of the Parties

6. At the outset, the hospital representative advised they were recommending an absolute discharge. Counsel appearing for Mr. Gisage supported the hospital’s position. Counsel for the Attorney-General reserved her position and wished to raise questions. At the end of the hearing, Crown counsel advised that the evidence did not support a finding that Mr. Gisage presents a significant threat. For the reasons set out below, the Board agreed with the parties’ joint position. Mr. Gisage was granted an absolute discharge.

Psychiatric Diagnosis, Hospital Report dated January 14, 2025, p. 19

• Bipolar I Disorder, acute manic phase with psychotic features at the time of the index offence.

7. Mr. Gisage has been treated with psychiatric medication for the last three years: Aripiprazole, 300mg, by injection every 28 days.

Index Offence

8. The circumstances are set out in the hospital report, and the Police and Court documents filed in evidence. In summary:

On January 8, 2022, at 7:45 a.m., a male in a vehicle similar in description to what was seen soon after, was stopped at the intersection of Main Street and Lees Avenue in Ottawa. He was dancing around his vehicle drinking a bottle of beer while singing.

At about 9:35 on the same morning, Mr. Gisage drove his Mercedes vehicle east bound on Walkley Road at a high rate of speed in a dangerous manner. Traffic volume was moderate. Mr. Gisage made multiple lane changes. Other drivers were forced to take evasive action to avoid a collision. When Mr. Gisage passed by a stopped vehicle waiting to make a turn onto Walkey Road, their vehicle rocked as Mr. Gisage sped by.

At the corner of Walkey Road and Halifax Drive, two motor vehicles were stopped at a red light. All eastbound traffic lanes were blocked. Mr. Gisage passed them by driving on the sidewalk at a high rate of speed before colliding with a traffic light pole. His vehicle finally came to rest 50 metres down the road. Bystanders called 911 and checked on him.

Ottawa Fire and Paramedic responders arrived to provide medical attention. At 9:52 a.m., Constable Nassan detected the order of an alcoholic beverage coming from Mr. Gisage’s breath. Mr. Gisage admitted to having consumed alcohol. He was arrested for impaired driving.

The ensuing drinking and driving investigation saw Mr. Gisage provide samples of his breath to the police at the hospital. At 12:03 p.m. he registered a blood alcohol concentration of 72mg of alcohol in 100ml of blood. At 12:28 p.m. he registered 63mg of alcohol in 100ml of blood.

Because Mr. Gisage was in hospital being treated for injuries, the police released him on an Undertaking to appear in court for charges of impaired driving and dangerous operation of a motor vehicle.

Mr. Gisage later reported that he had been drinking “lots of beer” at home on the previous evening of January 7. It was out of character for him to do so.

The hospital report notes that earlier, on January 7, 2022, Mr. Gisage was showing symptoms of psychosis. He felt the need to obey commands of a diabolical voice.

Background History

9. Mr. Gisage is 28. He moved to Canada on his own from Burundi in 2016. In Canada, he was able to meet with relatives on his father’s side of the family, including some cousins who helped him settle in.

10. Mr. Gisage’s mother arrived in Canada in 2020. At the time of the index offence, she was not in Canada. However, since 2022, Mr. Gisage has been living with his mother at their current apartment.

11. Mr. Gisage has a few friends who he sees on occasion. In June 2025, he enjoyed a trip with them to Niagara Falls.

12. Mr. Gisage grew up in Burundi. As a child in school, a tutor helped him. His father eventually became more involved with his education, which saw Mr. Gisage progress academically.

13. Soon after Mr. Gisage arrived in Canada, he registered for nursing school. However, he dropped out due to his mental health deteriorating. Since September 2023, he has been working as a cafeteria employee at the University of Ottawa. The work is seasonal during the Fall and Winter semesters. Mr. Gisage likes his job despite the low cognitive stimulation it provides. Mr. Gisage would very much like to have a better paying job.

14. Nevertheless, Mr. Gisage manages with his finances. For the past three years following the index offence, he has maintained a stable living situation.

15. Mr. Gisage provided details of a very difficult time during earlier years of his life. In 2017, and for the following three years, he lost contact with his mother, his sister, and a maternal aunt. This was due to civil unrest in the home country. Throughout that time, he thought they had probably been kidnapped and murdered. Mr. Gisage experienced significant anxiety as a result. Mr. Gisage also reported hearing bombs exploding on nearby homes and fearing for his life when he was growing up.

16. Apart from the index offence, Mr. Gisage has not been involved in any criminal court.

17. On January 24, 2021, Mr. Gisage’s driver’s license was suspended for medical reasons. It was reinstated on April 26, 2021. Another medical suspension was ordered on January 30, 2022, soon after the index offence. For at least the last two years, Mr. Gisage has been able to resume driving, following reissue of his driver’s license in 2023.

18. Apart from the index offence, the driving record contains only one other entry: a single speeding conviction, dated November 29, 2021.

Psychiatric History

19. Mr. Gisage had his first contact with mental health professionals in late 2019. The family physician sent him to the emergency department where he was seen for stress and sleep difficulties which had persisted for several months. Mr. Gisage was referred to mental health support at the University of Ottawa clinic where he was still a student. His then girlfriend persuaded him to continue seeking medical attention as he was becoming very unwell.

20. Mr. Gisage had four or five psychiatric admissions between late 2019 and January 2022. He was treated for a few years by Dr. Alexandra Baines, psychiatrist at the On Track program until his psychiatric care was transferred to the current family doctor, Dr. S. Torontour. Dr. Baines’ clinical notes from March and September 2023 document that Mr. Gisage remained well and psychiatrically stable following the January 2022 index offence. She recommended a minimum of five years’ stability before making modifications to the treatment plan.

21. Mr. Gisage continues to be under the care of the family physician, Dr. Torontour. He adheres faithfully to his prescribed regime of long-acting injectable psychiatric medication designed to treat his Bipolar Disorder. Mr. Gisage reports no residual symptoms and has remained stable.

22. Mr. Gisage will occasionally drink alcohol in a social setting. He does not use other substances. In his early twenties, there were times when he did not use alcohol responsibly. However, he shows no symptoms or signs of having an alcohol use disorder, much less any type of substance use disorder.

Current Violence Risk Assessment

23. Dr. Strike made recent use of the HCR-20-v3 structured clinical judgment instrument. Looking at the historical risk factors, Mr. Gisage presents four out of the ten listed factors. Having regard to the clinical and risk management factors, none are present.

24. In her report, Dr. Strike noted that Mr. Gisage has not experienced any major mood episode since early 2022. Since then, he has been taking his antipsychotic long-acting injectable medication, attending for each dose on time, which is administered by the outpatient mental health program of the Montfort Hospital.

25. Mr. Gisage has not tried to reduce or stop taking medication. While he has experienced some weight gain, the medication is well tolerated. Mr. Gisage has a very good understanding of his Bipolar Type I Disorder and of the benefits of medication. He fully intends to comply with treatment with Aripiprazole in the long term. Outpatient programs provided by the Montfort Hospital remain available for mental health support.

26. Dr. Strike concluded that Mr. Gisage no longer presents a significant threat to the safety of the public. His illness is currently well managed by community support. Mr. Gisage appears to be internally motivated to maintain his good health and to avoid any harmful or illegal behaviours.

27. Dr. Strike will keep Mr. Gisage’s file open at the ROMHC Forensic Unit for the coming year on a shared care basis in collaboration with the family doctor. The hospital can offer outpatient programming including employment support with vocational therapy. In addition, Mr. Gisage will be able to quickly access services for psychiatric care should there be any deterioration of his Bipolar Disorder, or any problems related to his medication.

Evidence at the Hearing

28. The Board also received direct testimony from Dr. Melanie Strike, forensic psychiatrist with the ROMHC. Dr. Strike conducted the original assessment into criminal responsibility as well as the more recent hospital report provided to the Board.

29. Dr. Strike confirmed that Mr. Gisage has good insight into the issues he faces and that he is doing very well at managing his illness. Mr. Gisage continues to live with his mother in their shared apartment. Madame has a good understanding of her son’s condition. She is in a position to observe him and recognize potential signs of any returning symptoms.

30. Mr. Gisage has good sleep habits. He practices good general hygiene.

31. Responding to a Board member’s question about alcohol, Dr. Strike testified that Mr. Gisage recognizes the adverse effect alcohol will have on his sleep and the overall impact this in turn will bring to his health. Ongoing communication is maintained with the family doctor who is well aware of all aspects of Mr. Gisage’s health needs.

32. Dr. Strike conceded that the risk presented in this case is not zero, but it is weak.

33. A Board member inquired about Mr. Gisage’s current intimate relationship. Mr. Gisage is involved in a long-term relationship with his girlfriend. She lives in Burundi. He is hoping they can marry and eventually have her join him in Canada.

34. Responding to a Board member’s question about how Mr. Gisage’s case compares to others, Dr. Strike was pleased to report that she assesses Mr. Gisage’s risk to be the lowest among all her forensic patients.

35. The parties presented no further evidence.

Submissions of the Parties:

36. Following completion of the evidence, the Board received a joint submission from all three parties to support a finding that Mr. Gisage no longer presents a significant threat to the safety of the public. Counsel for the Attorney-General, Ms. Dufort, conceded that while a certain level of risk remains, it does not rise to the level contemplated by the Supreme Court of Canada in the Winko decision. All parties agreed that the Board should proceed to grant Mr. Gisage an absolute discharge.

Conclusions and Disposition

37. Based on the evidence, and supported by the appropriate joint submission, the Board unanimously concluded that Mr. Billy Beni Gisage no longer presents a significant threat to the safety of the public.

38. While there is a history of interrupted compliance with medication from previous years, since coming into the court system - and being presented with forensic considerations - Mr. Gisage has done quite well. His symptoms have now consistently been in full remission.

39. Since early 2022, Mr. Gisage has maintained ongoing compliance with all necessary aspects of his required psychiatric treatment. Mr. Gisage leads a stable and productive lifestyle. He displays excellent insight into the various issues which he faces in terms of maintaining his mental health.

40. There has been no need to have Mr. Gisage come to hospital since early 2022. He is closely followed by the Montfort outpatient team as well as by the family doctor. For the coming twelve months, additional resources and mental health services will remain in place to further promote his reintegration - without the need for compulsory supervision.

41. It does not appear that Mr. Gisage will need hospitalization in the near or foreseeable future. If, however, such a requirement should arise, the evidence points clearly enough to the fact that Mr. Gisage’s psychiatric needs will be attended to and responsibly dealt with.

42. For these reasons, having regard to the primary consideration of keeping the public safe, the Board finds that Mr. Gisage no longer presents a significant threat to the safety of the public. He is granted an absolute discharge.

43. The panel members commend Mr. Gisage for his efforts at collaborating fully with the medical professionals who have been there to help him. We encourage him to continue doing so and extend our best wishes to him and his family.

44. The Board thanks Dr. Strike and Mr. Frechette, along with both counsels, for their assistance.

DATED this 9th day of December 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Hageraats Legal Member

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Office of the Registrar

Ontario Review Board