Re: Ryan Farley
ORB File No: 8611
Hearing held on: Wednesday, February 12, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care
Via Zoom Video Conference
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Fromstein
Members: Dr. T. Verny
Dr. M. Kalia
Ms. C. Murray
Ms. C. Plyley
Parties Appearing:
Accused: Ryan Farley
Counsel: Mr. A. Minardi
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DISPOSITION
(Dated March 7, 2025)
Introduction
On August 16, 2024, Ryan Farley was found not criminally responsible (“NCR”) on account of mental disorder on charges of use firearm carelessly, possess restricted firearm without holding a license, discharge firearm reckless as to life or safety of another person, possess restricted firearm knowingly not being holder of license, breach release order, all contrary to the Criminal Code of Canada (Criminal Code).
A Disposition hearing was held at the Ontario Court of Justice on August 16, 2024, and the presiding judge ordered, as set out in Disposition Hearing Outcome, Exhibit 2, that Mr. Farley be detained in a hospital.
On February 12, 2025, the Board convened Mr. Farley’s initial hearing before the Ontario Review Board pursuant to s. 672.47(3) at the Southwest Centre for Forensic Mental Health Care (“Southwest”). Mr. Farley was present at the hearing and was represented by counsel, Mr. Angelo Minardi.
Several documents were entered as Exhibits including:
a) Warrant of Committal – Exhibit 1
b) Disposition Hearing Outcome August 16, 2024 – Exhibit 2
c) Synopsis – Exhibit 3
d) Transcript June 13, 2024 – Exhibit 4
e) CPIC – Exhibit 5
f) Transcript from Disposition Hearing August 16, 2024 – Exhibit 6
g) Disposition Hearing Outcome – Exhibit 7
h) NCR report of Dr. Komer May 16, 2024 – Exhibit 8
i) Report of Dr. Komer July 21, 2024 – Exhibit 9
j) Hospital Report dated November 12, 2024 (the "Hospital Report) – Exhibit 10
The issue at this hearing is whether Ryan Farley is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the expert evidence and opinions before it, the Board concluded that Ryan Farley represents a significant threat to the safety of the public. The Board further concluded that his risk can be properly managed with a Detention Order at Southwest on the terms and conditions set out in our formal Disposition. The Board concluded that this is the necessary and appropriate Disposition in the circumstances.
Current Psychiatric Diagnoses
- Personality Disorder Not Otherwise Specified (NOS)
Substance Induced Psychosis
Substance Use Disorder, in remission in a controlled environment
Query Panic Disorder
Position of the Parties
At the commencement of the hearing, the parties were asked for their initial positions. Counsel for the hospital, Ms. Zamprogna, submitted that Mr. Farley represents a significant threat to the safety of the public and recommended detention at Southwest with the outer edge of privileges to include living in the community of Elgin and Middlesex Counties in accommodation approved by the person in charge.
Counsel for the Attorney General, Ms. Dalrymple, adopted the hospital’s position.
Counsel for Mr. Farley, Mr. Minardi, conceded the issue of significant threat. He advised that Mr. Farley agreed with the position of the hospital.
Therefore, there was joint submission on all issues.
Index Offence
Page 3 of the Hospital Report contains the detailed information taken from the Windsor Crown Brief Synopsis.
In brief, on October 26, 2023, Mr. Farley was inside his residence in Windsor. He was in possession of a .22 calibre rifle and fired multiple rounds in the apartment with his common-law wife present. The apartment was adjacent to other apartment units that were occupied by residents. No personal injury resulted.
Regarding the charge of breach release order, on April 17, 2015, Mr. Farley appeared in court in Nunavut to answer to the charges of assault (x2) and failing to comply with an undertaking. He was released on a recognizance with conditions with which he did not comply.
Background Information
The Hospital Report and Exhibits contain extensive background information, which need not be repeated here in detail. In brief, Mr. Farley is a 39-year-old single man and the father of one child. He was in a common-law relationship that terminated with the index offence.
Mr. Farley has grade 9 and some grade 10 education. He was suspended multiple times in high school for having cannabis at school. Mr. Farley reported that he was expelled from school for possession of drugs.
Mr. Farley worked for ten years in northern Canada managing grocery stores. Prior to his arrest he was selling antiques on the internet. He reportedly lost jobs due to alcohol abuse.
Mr. Farley started drinking alcohol at age eight. He reported he last consumed alcohol on the day of his arrest for the index offences. When he was 10 or 11 years old, he started using cannabis. He reported that he last had cannabis the day before his arrest. He has also used crystal methamphetamine, cocaine, magic mushrooms, ecstasy, mescaline, Percocet and LSD.
Mr. Farley’s criminal history includes the aforementioned assault charges and failing to comply with an undertaking. Windsor Police Service records also show a 2021 conviction for operation of a conveyance while impaired for which he received a $1700 fine and one year prohibition from operating a motor vehicle.
Mr. Farley has had multiple contacts with psychiatric services beginning at the age of eight.
Mr. Farley has a long-standing history of depression and anxiety. Prior to coming into the forensic system, Mr. Farley was under the care of general practitioners who would assess and treat his mental health issues.
In August 2019, he was diagnosed with a panic disorder. In November 2019, Mr. Farley was discharged from hospital following delirium tremens. He reports that he abstained from alcohol for six months after this admission. By May 27, 2020, his panic attacks worsened and he was prescribed Cipralex, Effexor XR, Risperdal and Ativan. He was, at that time, diagnosed with alcohol use disorder (moderate – currently in remission) and a generalized anxiety disorder with panic episodes. By April 8, 2021, gabapentin was added to his medication regimen. On July 28, 2021, Dr. Battison wrote a note that Mr. Farley was unfit for work at that time related to significant anxiety. In March 2023, Dr. Loennberg assessed Mr. Farley and diagnosed generalized anxiety disorder and questioned hypomania. In September 2023, Mr. Farley reported that he was back to baseline and working full time. He agreed to be tapered from benzodiazepines and he was switched to Ativan on an as needed basis.
Mr. Farley is capable to consent to psychiatric treatment.
Mr. Farley has no formal source of income.
Evidence at the Hearing
- The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Naghmeh Mokhber, who is Mr. Farley’s attending psychiatrist.
Course Since NCR Finding
Mr. Farley has denied experiencing any symptoms of psychosis and the Hospital Report notes that there has been no evidence to suggest otherwise. His thought content has been clear, organized, and clear of any delusional content. There are not concerns regarding his concentration, attention or memory.
Mr. Farley was admitted to Southwest on September 30, 2024.
Mr. Farley’s diagnosis continued to be assessed as of the date of the Hospital Report, November 12, 2024. The treatment team sought to determine whether Mr. Farley had schizophrenia as opposed to substance induced psychosis. He was initially treated with olanzapine and Mr. Farley remained adherent to his medications in the highly supervised hospital setting. His anti-psychotic medication was tapered down in October and November 2024 and has since been discontinued.
Because of the initial uncertainty regarding diagnosis the hospital report indicated that his insight into his mental illness had been difficult to assess. However, he acknowledges the need for antidepressants and is agreeable to participate in psychoeducational programs to address his substance use issues, which suggests his insight into his mental illness is fair. He has improving insight into his risk of violence.
Once settled on the unit, Mr. Farley agreed to attend recreational activities but he lacked the motivation to follow through with attending these programs. He attended one Mindfulness group and three Brain Game groups.
Mr. Farley has cooperated with providing urine samples for screening. All results have returned negative for illicit substances.
On November 11, 2024, Mr. Farley threatened a peer on the unit. The following day he took no responsibility for his actions, called his peer a “fucking goof” and stated he was “defending” others. He minimized his threatening comment.
Mr. Farley has re-established contact with his parents since hospitalization. He has had visits from his parents and sister.
Dr. Mokhber testified that Mr. Farley has a diagnosis of substance induced psychosis. He was tapered off all antipsychotic medications by November 2024 and there has been no evidence of psychosis.
Although Dr. Mokhber believes that Mr. Farley’s psychosis was substance induced, she cannot rule out a primary psychosis. His antipsychotic medications were discontinued in November but he could be asymptomatic for months and then a primary psychosis could become evident. It is too early to know for certain that his psychosis was substance induced.
Mr. Farley also has a diagnosis of substance use disorder, in remission in the hospital setting. He has not used substances on the unit. He also has diagnoses of depression, anxiety and panic disorder. He has appropriately asked for PRN medication for these issues. The team has not seen any symptoms of depression on the unit and has only seen some “normal” anxiety relating to situations like attending this Board hearing. Mr. Farley also has a personality disorder (NOS). He has been referred to a psychologist for these issues and is currently sixth on the waiting list to meet with the psychologist.
Mr. Farley also suffers from chronic back pain. He is now on prescribed medication for his chronic back pain.
Dr. Mokhber queries whether his historical substance use has been an attempt on his part to self-medicate.
Dr. Mokhber testified that Mr. Farley’s protective factors include the fact that he desires to play a fatherhood role to his son, he is taking suboxone to address his desire for substances, is attending programs to address his substance use disorder (including a concurrent disorders group, alcoholics anonymous, and other groups when offered), and he has reconnected with his family.
Mr. Farley currently has level 3 privileges, which allows him to go off unit within the building without restriction. Mr. Farley has used his privileges appropriately.
In the coming year, the treatment team plans to move him to the rehabilitation unit where he will have an opportunity to have up to level 5 privileges, which allow him to spend time in the community. The rehabilitation unit offers more substance use programs and anger management programs. He needs to be tested with passes into the community to know whether he will be safe and what level of risk he would pose if living in the community.
The treatment team foresees that he could be moved to community living in the coming year.
Dr. Mokhber testified that Mr. Farley will require a group home setting when discharged to the community, but he will not require a 24-hour supervised setting. It will be necessary for him to participate in concurrent disorders programs, have CMHA supports, and attend Alcoholic Anonymous. He is vulnerable to relapsing to substance use.
Dr. Mokhber testified that Mr. Farley’s insight into his risk of violence is improving. He sometimes continues to minimize his actions.
In response to questions of the Board, Dr. Mokhber confirmed that Mr. Farley had several minor traumatic brain injuries, which did not result in a loss of consciousness, memory loss nor seizures. She acknowledged that there could be neurotoxic effects from long-term drug use, and neuroimaging could show brain changes. However, she does not anticipate ordering brain imaging since there would be no specific treatment to help Mr. Farley if imaging confirmed he has neurological changes. Dr. Mokhber, however, agreed that limitations arising from neurological changes could be addressed if the treatment team knew of such changes.
The treatment team believes that Mr. Farley needs to attend a residential treatment program before moving to community housing.
Dr. Mokhber confirmed that paragraph 2h of the recommendations found on page 26 of the Hospital Report should read, “to attend and participate in a drug and alcohol rehabilitation residential treatment program anywhere in the Province of Ontario.”
Analysis and Conclusions
Significant Threat
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds Mr. Farley poses a significant threat to the safety of the public.
Counsel for Mr. Farley concedes the issue of significant threat to the safety of the public. Despite this, the Board makes its own finding of significant threat based on the oral evidence, the Hospital Report, Winko and its related authorities.
Mr. Farley has a diagnosis of a substance use disorder. Substances were consumed shortly prior to the commission of the firearm related index offences. His index offences were very serious, involving the firing of a weapon indoors without regard to the safety of others.
The conclusion from the Risk Assessment outlined in the Hospital Report is that Mr. Farley’s risk for violence in the context of a detention disposition (either while in the hospital or in the community in approved accommodation) is low to moderate. However, if he were granted a more liberal disposition, such as a conditional discharge, his risk for violence would be high. As such, the Board finds that a conditional discharge is not realistic at this time.
Mr. Farley is in the early stages of treatment and recovery and is at high risk of relapse to substances. He is developing insight into his violence risk.
There is still a question as to whether Mr. Farley suffers from a primary psychotic disorder. More time is needed to establish an accurate diagnosis.
If not under a Detention Order, at this time Mr. Farley would likely return to substance use and then fall away from treatment. His psychotic symptoms would likely return, which would ultimately lead to behaviours similar to those of the index offences. Mr. Farley would present a real risk of serious physical or psychological harm to the public.
Necessary and Appropriate Disposition
Given the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year. The Board agrees with the joint position that the necessary and appropriate Disposition to manage Mr. Farley’s risk in the coming reporting year is a Detention Order at the Southwest Centre for Forensic Mental Health Care, with terms as outlined on page 26 of the Hospital Report.
The Board finds that there is sufficient evidence to support the joint submission of the parties and their recommendations for the terms of the Disposition.
Mr. Farley requires concurrent disorders treatment, CMHA supports, participation in a residential rehabilitation treatment program, engagement with the psychologist in his upcoming referral, and needs his pain to be fully managed. He attends Alcoholics Anonymous. He has done very well accepting the offered treatments and we encourage him to continue to take full advantage of the services he is offered to move toward community living.
Upon consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Farley, his reintegration into society and his other needs, we conclude that the necessary and appropriate Disposition is that Mr. Farley be detained at Southwest Centre for Forensic Mental Health Care, subject to the terms and conditions jointly submitted, as set out in our formal Disposition.
DATED this 7th day of March 2025, at the City of Toronto, in the Region of Toronto.
Christine Murray
Legal Member
________________________
Office of the Registrar
Ontario Review Board