Ontario Review Board
Re: Mr. Joshua Halladay-Runions (Runions-Halladay)
ORB File No. 7736
Hearing Date: January 14, 2025
Hearing Location: Brockville Mental Health Centre
Pursuant to: s. 672.81(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. Y. Alatishe
Dr. G. Kerry
Ms. K. Brisson
Mr. K. McKenna
Parties Appearing:
Accused: Joshua Runions-Halladay Counsel: Mr. J. Langevin
The Person in charge of Hospital: Representative: Dr. A. Adiele
Attorney General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated March 7, 2025)
Introduction:
Mr. Halladay-Runions prefers to be known as Runions-Halladay and will be referred to throughout these Reasons as Runions-Halladay. He was found not criminally responsible (NCR) for the Criminal Code offences of being unlawfully in a dwelling house, resisting arrest, and fail to comply with probation on May 25, 2020.
A panel of the Ontario Review Board (the panel) convened this annual hearing on January 14, 2025, at the Brockville Mental Health Centre (BMHC) to review the current disposition and make any other disposition that is appropriate in the circumstances pursuant to s. 672.81(1) of the Criminal Code of Canada.
Mr. Runions-Halladay is currently subject to a detention order under a disposition dated April 8, 2024, which detains him at BMHC, and provides privileges extending to 7-day travel passes, opportunity to attend a residential addictions treatment facility, and the opportunity to live in the community in accommodation approved by the person in charge.
At the commencement of this hearing, the Hospital recommended that there be no changes to the current disposition other than provide a geographical boundary to the clause permitting community living which is 2(i). Counsel for the Attorney-General supported the position taken by the Hospital. Counsel for Mr. Runions-Halladay initially indicated that Mr. Runions-Halladay would like a conditional discharge, but later indicated, his acceptance of a detention order and advised that Mr. Runions-Halladay would simply like to go to a group home as soon as possible.
At the conclusion of the hearing, the panel found on the evidence that Mr. Runions-Halladay continued to be a significant threat to the safety of the public, and that a detention order was necessary and appropriate. The panel also agreed with the Hospital’s submission that the current terms and conditions should continue with the modification to 2(i) as requested by the Hospital. The community living will be restricted to Eastern Ontario.
Index Offences
- The circumstances of the index offences are set out in last year’s Reasons for Disposition
as follows:
On April 15, 2020, Diane Poole contacted Prescott OPP after an unknown male
was knocking on her door and was concerned it was the same male who had been
found in her apartment a few days prior.
At 9:19 PM Prescott officers arrived at 190 King Street West, and spoke to the
complainant Diane Poole. While speaking to Poole about the incident she advised
officers that when she woke up on Monday April 13, 2020, she observed a male
sleeping next to her in her bed. The male was not known to her and she believed he
came in through her unlocked door sometime in the middle of the night.
Poole advised she screamed at the male and attempted 'to locate her cell phone to
call police, When Poole was unable to find her cell phone, she screamed at the male
to get out, at which time he casually left.
Poole advised officers that she did not call police at the time because the male left
and did not steal anything, although the incident did scare her. Poole was able to
show a photo of the male to officers.
While officers were patrolling the area for Halladay-Runions a second call was
received of an unknown male trying the door handle at 1-280 Centre Street but he
had left on foot.
At 10:06 PM a call was made from Gervis Juby, the homeowner at unit A-280
Henry Street W. advising that Joshua Halladay-Runions has been coming to his
residence on and off all day looking for a place to stay and he is back again.
Officers attended and located Halladay-Runions at the door. When he was advised
that he was under arrest for being Unlawfully in a Dwelling he responded ‘No, 1
am not’.
The officers advised Halladay-Runions … to put his hands behind his back and
attempted to get physical control to place handcuffs on him. Halladay-Runions
responded by tensing up and pulling away from the officers … At 10:18 PM after a
brief struggle, Halladay-Runions was placed in handcuffs and subsequently put in
the police cruiser. Halladay-Runions continued to struggle with police when
searched, resisting arrest and while being put into the cruiser. It should be noted
that Halladay-Runions was disoriented at times, muttering incoherently. He also
smelled like urine and it was clear he was not looking after himself.
In addition, at the time of the above-mentioned offences, Mr. Runions-Halladay was
subject to two probation orders, made in reference to convictions for assault with a weapon
(in 2018) and two counts of mischief (in 2019).
Hospital Report, December 24, 2024
The Hospital Report (the Report) dated December 24, 2024 was prepared for this hearing and filed as an exhibit. It provides significant information pertaining to Mr. Halladay-Runions personal background and psychiatric history.
His current psychiatric diagnoses are:
(i) Schizophrenia;
(ii) Stimulant Use Disorder (Amphetamine-Type Substance)-Severe-currently abstinent in a controlled environment;
(iii) Alcohol Use Disorder, Moderate, currently abstinent in a controlled environment;
(iv) Cannabis Use Disorder, Moderate, currently abstinent in a controlled environment.
He has a very extensive criminal record which begins in 2008 and continues until the index offences. He has approximately 53 convictions which include 12 convictions for Break and Enter, and approximately 6 convictions for assault related offences.
Mr. Runions-Halladay is the eldest of three brothers. His parents separated when he was seven years old. He spent most of his early years with his mother, who is reported to have been diagnosed with schizophrenia. He also lived intermittently with his paternal grandmother who continues to maintain contact with him. She indicated in the Report that Mr. Runions-Halladay did not have a good childhood, and pretty much grew up in the street.
He did not complete high school, and has a modest work history. He has not been involved in any significant stable relationship.
Mr. Runions-Halladay mental illness is dramatically affected by substance use. He began consuming alcohol and cannabis at the age of 14, and advises that he switched from regular cannabis use to crystal methamphetamine at the age of 24. He continues to consume crystal methamphetamine which makes progress with his mental health condition very challenging.
Between Mr. Runions-Halladay’s last criminal conviction and his arrest for the index offences the following month there were nine police contacts. This included attempts to have him mentally assessed. He consistently refused to accept any assistance, and did not appreciate that his mental condition was deteriorating. It is indicated in the Report that various police officers who had repeated contact with Mr. Runions-Halladay described him as uncooperative, unpredictable, violent, and resistant to the police. The police were aware that he often carried weapons, and believed that he would use the weapons to attack the police or members of the public.
The Report refers to statements made by Mr. Runions-Halladay when questioned as to his thoughts at the time of the index offences. He referred to a voice telling him to check up on her (the victim). He thought it was his mission to make sure she was alive. He stated that he had received these instructions several times in the past and that he needed to obey these commands. He has received many commands in the past to check up on various people in the night.
In addition to these commands, he reported hearing voices with frightening messages, such as, his family or brother were going to die. Mr. Runions-Halladay has been hearing these voices since the age of 13, and hearing them even when he had not consumed drugs.
When he initially entered BMHC after the NCR verdict his behaviour was described as oppositional and defiant, he was verbally abusive and angry, and threatened to harm his attending psychiatrist. His behaviour settled with medication.
His response to treatment has been a modest improvement. There were no indications of psychosis or affective symptoms, but there were incidents that affected his opportunity to earn greater privileges. In November 2020, he eloped to Montreal and became aggressive when asked to leave a bar. He was heavily intoxicated from alcohol and drugs, and a stimulant and a white powdery substance were found during a search of his property on his return to the hospital. In July and August 2021, he consumed crystal methamphetamine. He had arranged for a person to deliver the drug to the hospital grounds. The first incident led to him being hospitalized for what is believed to have been a mild heart attack which weakened his heart.
During his first year in the hospital, he engaged minimally in the programs being offered. He explained that rehabilitative programs were unnecessary for him, and he was focused on being discharged to the community so that he could resume his use of stimulant drugs.
During the 2022 reporting year, Mr. Runions-Halladay remained mentally stable, and he attended some programming. There was occasional evidence of cognitive distortion, and the Report indicates that there was slight improvement in his understanding of the negative effects of drug use on his mental health.
On October 19, 2022, Mr. Runions-Halladay was observed being handed something by a taxi driver. During a search of the area, staff discovered a cigarette box which contained remnants of crystal methamphetamine. During a search of Mr. Runions-Halladay staff discovered drug paraphernalia.
On May 15, 2023, Mr. Runions-Halladay arranged for drugs to be delivered to the hospital grounds for a co-patient. After consuming some of the drugs, he fell to the ground unconscious, and paramedics administered a life-saving antidote. Unbeknownst to Mr. Runions-Halladay, the crystal methamphetamine had been laced with fentanyl. He did not learn from this near fatal incident, and made comments to hospital staff prior to the 2023 annual ORB hearing, but after the May 15th incident, that crystal methamphetamine is not a problem for him, that abstinence is not a goal of his, and that “crystal meth” can be part of his life again after he is out of the ORB system.
At last year’s annual hearing, the Hospital sought a transfer of Mr. Runions-Halladay to another hospital, citing, treatment impasse, lack of progress in his rehabilitation, and frequent rule violations, as the reasons. This request for a transfer was opposed by counsel for the Attorney-General and by Mr. Runions-Halladay. The panel did not approve of a transfer to another hospital. Dr. Adiele explained that the hospital wanted Mr. Runions-Halladay moved a considerable distance from the people who were supplying him with drugs. Although Dr. Adiele’s explanation was reasonable, there is no doubt that street drugs can be obtained in almost any location.
On December 11, 2023, Mr. Runions-Halladay was again caught using crystal methamphetamine that he had arranged to be delivered to the hospital. He was transferred from the rehabilitation ward to the acute care ward where he had no privileges. He returned to the rehabilitation ward on March 22, 2024.
For approximately 6 weeks prior to last year’s hearing on March 28, 2024, Mr. Runions-Halladay refused to take his antipsychotic medication to prove to the clinical team that he was not unwell. This resulted in him being more agitated, and his mental state becoming more “brittle.” After a few weeks off his medication, he agreed to resume the medication and his condition returned to baseline.
The Report for this past year refers to Mr. Runions-Halladay’s situation as a complex combination of his mental illness and his substance use which has required a multi-faceted approach to his treatment. His response to the December 2023 incident, when he consumed crystal methamphetamine, was initially to deny using the drug, and then to blame the positive drug screen result to a shared vape pen. It concerns the Hospital, in addition to the drug use itself, that he will not take responsibility for his behaviour which reflects his lack of insight into the harm caused by this drug use. This lack of insight makes the treatment for him much more challenging.
His daily functioning on the unit has generally been stable, but his behaviour has been variable. He frequently challenges unit rules, and becomes argumentative and irritable. The Hospital has recorded approximately 7 incidents of inappropriate behaviour such as angry outbursts and being argumentative. As a result, his level of privileges has fluctuated. He was able to enjoy indirectly supervised access to the community on occasion only to have this privilege suspended.
In October, 2024, his addictions counsellor noted positive changes in his thinking. He was talking about his future, possible employment, and independent living. However, he still demonstrated a lack of insight into his mental illness, and expressed beliefs that he had been tricked into hospitalization. It is also noted that he does not consistently participate in support groups such as Narcotics Anonymous, and the Report refers to social anxiety emerging as a significant underlying factor in his treatment resistance.
Notwithstanding the occasions of anger and irritability, his behaviour has not risen to the level of physical violence. He has maintained compliance with his medication regimen and his routine bloodwork, and recent assessments indicate no active psychotic symptoms.
Regarding Mr. Runions-Halladay’s risk to public safety, the Report indicates that his risk profile remains the same as last year. His history of documented violent attitudes, established patterns of antisocial behaviour, diagnosis of a major mental disorder, and significant substance misuse. These factors are compounded by his lack of insight into his mental illness and the harmful effects of drug use.
Testimony
Dr. Adiele testified at this hearing. He indicated that this past year for Mr. Runions-Halladay saw progress and some difficulties. Mr. Runions-Halladay works in the café in the Hospital and is very motivated. He is very organized and attends to proper hygiene. In terms of treatment, Dr. Adiele described that Mr. Runions-Halladay avoiding substances as the icing on the cake.
In answering questions from Crown Counsel, Dr. Adiele advised the hearing that Mr. Runions-Halladay’s availability of privileges fluctuated throughout the year. At times he enjoyed indirectly supervised access to the community, which included permission to visit his mother in Prescott. However, these privileges have been suspended following rule violations or suspected substance use.
Dr. Adiele testified that Mr. Runions-Halladay believes that his mental health problems exist as a result of drug use, and not from schizophrenia. Although recently there have been some indications that he may be more accepting of the schizophrenia diagnosis. Dr. Adiele confirmed that at the beginning of this year Mr. Runions-Halladay for a period of time refused his antipsychotic medication. This has not occurred recently.
It is positive that Mr. Runions-Halladay has maintained his work in the Hospital, and participated in grass cutting activities on the Hospital grounds. He also expressed an interest in working with a friend in his arborist business. The Hospital appreciates that these initiatives demonstrate some thought being applied to his future.
Dr. Adiele testified that when Mr. Runions-Halladay is ready for discharge from the Hospital to live in the community he would envision a facility with perhaps 8-hour supervision rather than a full 24-hour supervision.
The Report also refers to occasional periods of agitation and irritability, particularly in response to unit guidelines, which are not the result of substance use.
Dr. Adiele did not believe the Mental Health Act would provide a mechanism to return Mr. Runions-Halladay to the Hospital that would protect the public. Mr. Runions-Halladay could potentially decompensate to an extent where readmission to the Hospital was advisable, but the requirements of the Mental Health Act for readmission could not be met.
Dr. Adiele confirmed with counsel for Mr. Runions-Halladay that he should be discharged to live in the community this year. Dr. Adiele confirmed the importance of Mr. Runions-Halladay working towards quitting his drug habit.
Dr. Adiele indicated that there had been no physical violence this past year. In answer to a question from a panel member, Dr. Adiele did not believe there is enough evidence to support a diagnosis of antisocial personality disorder.
Mr. Runions-Halladay is not currently on a waitlist for a group home, but Dr. Adiele expects to discuss the timing of discharge to the community with the treatment team in the near future.
Submissions
The Crown maintained its support of a detention order, and suggested that a slow, cautious approach to community living is appropriate. The Crown referred to Mr. Runions-Halladay having a limited history of independent living in the community.
Counsel for Mr. Runions-Halladay did not dispute that a detention order is necessary at this time. He acknowledged that the next step in his progression is community living in a supervised facility, which will test his ability to live in the community uneventfully.
Analysis
The Report provides its risk analysis on page 45. It refers to his history of violence, established patterns of antisocial behaviour, his major mental disorder, and his substance use. It also refers to his ambivalent attitude regarding his need for treatment, and his limited insight into drug use and the harmful effects drug use has on his mental stability.
It also relates a number of concerning incidents this past year. In April 2024, Mr. Runions-Halladay was involved in an angry outburst in the dining room, followed by an incident where he became confrontational with staff regarding unit rules and prohibited items. His ability to manage his anger requires ongoing therapeutic intervention. The Report and Dr. Adiele’s testimony make it very clear that substance use, and risk of violence remain a critical consideration of his risk assessment. Currently, his stability is contingent on the supervision and support provided in the hospital environment.
His antisocial behaviour is deeply entrenched as is evidenced by his criminal record. It is also significant that the synopsis of facts for the index offences include comments by the police officers who had regular contact with Mr. Runions-Halladay that he would become violent with the police and members of the public.
At the time of the index offences, and previously, he was experiencing command hallucinations that directed him to enter homes and check on the well-being of the occupants. A return of these symptoms would put the public at significant risk of harm.
His use of substances while in the Hospital is well documented in the Report. It is persistent, and he lacks sufficient insight into the detrimental effect substance use has on his mental stability. It is certain that his use of substances will continue. Without the supervision and support of the Hospital, the use of substances would likely increase, Mr. Runions-Halladay would not engage treatment or take his medication, and the consequence would be a deterioration of his condition, and a return of his psychotic symptoms. This would certainly put the public at risk understood in the context of his pattern of behaviour when unwell.
Dr. Adiele testified that he did not see evidence that would suggest a diagnosis of antisocial personality disorder. The panel was not as certain of this as was Dr. Adiele, and suggests that Dr. Adiele consider the issue of an antisocial personality disorder and the related treatment.
Mr. Runions-Halladay is a significant threat to the safety of the public, and it is appropriate that a residence in the community provides the necessary monitoring and supervision to protect public safety. A continuation of the current Disposition, with the modification of clause 2(i) to restrict community housing to Eastern Ontario, is necessary and appropriate in the circumstances.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
DATED this 7th day of March, 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board