Re: Jonathan Michaud, 2025 CanLII 21209

Re: Jonathan Michaud

ORB File No: 7378

Hearing held on: Monday, January 6, 2025

Place of hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. P. Hageraats

Members: Dr. S. Lessard Dr. G. Glancy Ms. M. Labrosse Mr. M. Hajek

Parties Appearing:

Accused: Jonathan Michaud Counsel: Mr. G. Campbell

The person in charge of hospital: Representative: Dr. S. Gulati

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

AMENDED REASONS FOR DISPOSITION

(Dated March 10, 2025)

Please see underlined changes to the original reasons made March 21, 2025: the accused’s first name has been corrected to read “Jonathan”.

Introduction:

1. On June 7, 2018, Jonathan Michaud appeared in court on a charge of murder, contrary to the Criminal Code of Canada.

2. The court was presented with psychiatric evidence establishing that Mr. Michaud was suffering from a severe mental disorder when he committed the offence. Based on that evidence, the court found that Mr. Michaud was not criminally responsible on account of mental disorder (NCR).

3. Mr. Michaud is subject to a disposition of the Ontario Review Board (ORB or “the Board”) dated January 30, 2024. The disposition orders his detention at the Secure Forensic Unit of the Royal Ottawa Mental Hospital (ROMHC or “the hospital”). Mr. Michaud was awarded privileges, including the ability, when he is well, to enter the community of Eastern Ontario escorted by staff.

4. On January 6, 2025, the Board convened at the ROMHC to conduct an annual review. Mr. Michaud attended in person. He was represented by counsel, Mr. Gordon Campbell. At Mr. Campbell’s request, an order was made appointing him as counsel.

5. Documentary evidence was filed including a cumulative hospital report dated December 23, 2024.

6. The issues to be considered by the Board are whether Mr. Michaud continues to present a significant risk to the safety of the public and, if so, to determine the necessary and appropriate disposition.

Initial Positions of the Parties

7. When the hearing began the hospital representative and counsel for the Attorney-General stated that Mr. Michaud presents a significant risk to the safety of the public and that, to manage the risk, a detention order is required. The hospital representative also recommended Mr. Michaud be granted a higher level of access to the community, short of living outside the hospital setting.

8. On behalf of Mr. Michaud, Mr. Campbell advised they agreed with the hospital recommendation. Following the completion of evidence, Mr. Campbell added, they would be seeking an earlier review of disposition, that is, within six to nine months following the present hearing date.

Current Psychiatric Diagnoses

• Schizophrenia
• Amphetamine-type substance use disorder, Moderate
• Cannabis use disorder, Moderate
• Antisocial personality disorder
• Alcohol use disorder, Mild

9. Mr. Michaud is treated with medications as follows:

• Aripiprazole 200 mg IM every 28 days
• Bupropion SR 100 mg every morning and noon
• Buspirone 5 mg 3 times daily
• Pregabalin 50 mg 3 times daily
• Rabeprazole 20 mg every morning
• Quetiapine 50 mg orally Q4 hourly as needed for anxiety and agitation

Index Offence

10. The circumstances are described in the hospital report and in last year’s Reasons for Disposition dated March 13, 2024. In summary:

On April 5, 2015, while living in his mother’s home in Cornwall, Mr. Michaud took his mother’s life. He stabbed her and left her on the couch covered under a blanket. Mr. Michaud then left the home to wander about different locations in Cornwall and surrounding areas. Upon speaking soon after about his actions to a family member, the police were called. Officers found the deceased on the couch where Mr. Michaud had left her in the still locked residence.

Personal History

11. Mr. Michaud is 38. His siblings, sister Christine Alguire and brother Joshua, have reported that Mr. Michaud was taken into care at a young age due to physical abuse and neglect in their home. Both Joshua and Jonathan Michaud were physically and sexually abused by their lying and manipulative foster parent. According to Christina, the foster father had a “sick control” over Jonathan and had “brainwashed” him.

12. In his early adult years, Mr. Michaud made heavy use of cannabis, up to a quarter ounce, every two days. He also overused alcohol for some months following the death of his father. In high school, Mr. Michaud was expelled for cannabis use. At the age of nine he was diagnosed with ADHD and treated with Ritalin.

13. Christina Alguire has described her brother as not having an alcohol problem. She did confirm his use of cannabis and that he had perhaps snorted Ritalin medication.

14. Christina has also reported that, in Grade 1 or 2, her brother would have stabbed another pupil in the eye with a pencil, and that he was suspended for fighting. As an adult, for several years before the index offence, he had no friends, apart from meetings with the former foster father. The sister recalled her brother engaged in stealing as an adult and that he was cruel to a rabbit at age 21 or 22 years, requiring her to take the animal and leave it with the SPCA. Christina has emphasized that her brother has a history of pathological lying about everything “to make the story sound better”.

15. Christina further reported that Jonathan Michaud had three or four jobs, but he had trouble holding onto them for very long. Before the 2015 index offence arose, he had not worked for two or three years.

16. The two brothers, Jonathan and Joshua were together in the foster care system for about ten years. Before the index offence, Joshua noticed a marked change in his brother: Jonathan began to isolate himself and was feeling that his family was “out to get him”. Their mother advised Joshua that she was very concerned about Jonathan’s situation and was afraid of him.

Criminal History

17. The record shows a 2009 conviction, at the age of 22, for trafficking a Schedule II substance. The court ordered a 15-month conditional sentence followed by one year of probation and a mandatory prohibition order.

Psychiatric History

18. The only recorded earlier history appears in a note from 2014. A work supervisor had taken Mr. Michaud to the Cornwall Community Hospital due to unusual behaviours and “hearing curses in my head”. A Cornwall psychiatrist, Dr. Hannah, diagnosed Mr. Michaud with Schizophrenia. Mr. Michaud was prescribed Risperidone. However, he did not take it because “the voices told me not to because it could make it worse”. Mr. Michaud saw Dr. Hannah a few more times, but Mr. Michaud did not follow up, despite being encouraged to take medication.

Progress following the 2015 Index Offence

19. Mr. Michaud was initially held in custody at the Ottawa-Carleton Detention Centre (OCDC) for about two years. Dr. Brathwaite made a diagnosis of Schizophrenia. Antipsychotic medications were prescribed: Olanzapine, Abilify, and Clonazepam. Mr. Michaud took these until Dr. Kunjukrishnan was able to assess him in January 2017.

20. Following the June 2018 NCR verdict, Mr. Michaud was admitted to the hospital’s Forensic Assessment Unit. In June 2020, he was transferred to the Rehabilitation Unit where he participated in groups.

21. By January 2019, Mr. Michaud was working in the community while still residing at the hospital as an inpatient. He developed financial problems from overspending and withdrew his application for a room at the Grove transitional housing residence. In late 2019, after starting to look for an apartment, he presented with behavioural and attitude problems, and was failing to comply with unit rules. This persisted through the Summer of 2020. Nonetheless, the treatment team referred Mr. Michaud to the Lebreton Transitional Housing Program. In September 2020 he was discharged to Lebreton.

22. In January 2021, Mr. Michaud admitted to drinking alcohol and using cannabis and cocaine. This continued through the spring and summer. Over several months, he breached terms of the ORB disposition by using various substances and by staying away from his approved residence. At times, he was unreachable for days. Lebreton decided to close his bed with them, effective December 15, 2021.

23. On November 1, 2021, out of concern that he would end up homeless, the treatment team admitted Mr. Michaud to the Assessment Unit.

24. Throughout the stay in hospital, Mr. Michaud did participate in some programming. However, he would minimize his problems and the seriousness of the index offence. On June 6, 2022, he was discharged to live at a group home operated by Daybreak, a subsidized housing network. There, Mr. Michaud started to work with an addictions counsellor. He attended two out of seven outpatient concurrent disorders program sessions and was blaming his absence on transportation problems. He also missed two out of five sessions with a psychologist and failed to provide several urine screens.

25. On July 19, 2022, Mr. Michaud reported he had been using cocaine regularly and cannabis and that he was not able to stop.

26. On July 26, 2022, following an annual ORB review hearing, Mr. Michaud went on to have a difficult year. He was difficult to reach. Substance Use worsened significantly. In January 2023, he was admitted to the Civic Hospital with a perforated stomach ulcer and required surgery. He also reported excessive use of painkillers.

27. In March 2023, Mr. Michaud was admitted to the ROMHC because of concerns about his uncontrolled drug use. In late March, a female patient - who Mr. Michaud had been dating - reported he was sending her threatening messages. She considered laying a charge. Fearing retaliation, she changed her mind. Mr. Michaud continued to be difficult to contact.

28. The supervisor at Daybreak housing wrote on April 19, 2023, to advise the hospital of several concerning incidents. Mr. Michaud was suspected of drug trafficking and of arranging to have drug dealers come to the residence. The residence was considering eviction, both for Mr. Michaud’s health and safety as well as for the safety of other residents. Eventually, he was evicted and admitted to the Forensic Assessment Unit on April 26, 2023, based on a Form 49 warrant.

29. The hospital report filed in August 2023 listed dozens of incidents of difficult behaviour arising between April 26 and July 19, 2023. There was aggressive and threatening behavior, substance use, inappropriate sexual behaviour with a co-patient, contraband items in his room, rule-breaking and damage to property. As a result, the hospital issued written notice to three forensic hospitals, Brockville, Providence Care (Kingston), and Waypoint, to request that Mr. Michaud be transferred from their care. All three hospitals wrote back to say they would not support transfer to their facility.

30. Last year’s Reasons for Disposition, dated March 13, 2024, recite the hospital’s prognosis and risk assessment. Mr. Michaud had not exhibited any psychotic symptoms since he was treated following the index offence. However, persistent drug use, including street stimulants (opioids in the form of fentanyl, cannabis, and alcohol) were noted. His use of these stimulants did not trigger any psychotic symptoms.

31. The report documented that Mr. Michaud had not participated in any sustained treatment for substance use nor in any treatment to address his antisocial behaviours. He continued to engage in trafficking and/or dealing with drugs. His drug dealing involved very vulnerable individuals in a psychiatric group home and at the hospital. He had also victimized and threatened a female patient. The hospital suspected he was exploiting this patient and noted that he had threatened to kill her. The report also noted that Mr. Michaud had been heard threatening to kill unknown individuals in the community.

32. Lastly, the report noted that Mr. Michaud was not just flagrantly disregarding terms of his disposition, but he was also breaking the law in many ways. Concern was expressed that while he had not developed a psychotic break, his use of stimulants had a very high potential for one to develop. Should he develop a psychotic break, any member of the public would be at risk from a serious violent act.

33. The same ORB Reasons from March 2024 note earlier evidence provided in the summer of 2023 by the then attending psychiatrist, Dr. Gojer. In 2023, Dr. Gojer had testified that Mr. Michaud was very difficult to manage and that it would be difficult to find appropriate housing for him, having regard to his consistent use of drugs, his encouraging other vulnerable residents to do so, and having regard to his psychopathic disorder, with strong elements of narcissism. This latter element, according to Dr. Gojer, was more of a concern than his Schizophrenia. Dr. Gojer’s evidence was that Mr. Michaud required treatment for his behavioural problems “in a highly structured and secured environment”.

34. In the same Reasons from March 2024, positive elements were documented, notably, that for the more recent portion of the reporting year, Mr. Michaud had started to work with Mr. Tejeda-Elias, a psychotherapist and Spiritual Care associate at the hospital. Their collaboration had started in August 2023. Mr. Tejeda reported how Mr. Michaud was showing willingness to engage and a sense of commitment to therapy while honestly expressing his desires and motivations to change. Mr. Michaud was showing his capacity to discuss factors that play a role in eliciting automatic and impulsive behaviour that led to recidivism. Mr. Tejeda-Elias further advised,

…from a spiritual perspective, this writer considers Mr. Michaud’s engagement in our therapeutic meetings as genuine.

35. In noting this encouraging sign, last year’s ORB panel described an “almost overnight unfathomable change in Mr. Michaud’s mental condition, behaviour and willingness to engage in treatment”.

36. Last year’s panel further recognized - from the previous disposition, dated August 21, 2023 - a treatment impasse at the ROMHC, whereby, in 2023, the Board had ordered Mr. Michaud to be transferred to Waypoint. As we now know, ultimately the transfer to Waypoint was not carried out.

37. At the most recent annual review, held on January 23, 2024, the Board found there was no air of reality for Mr. Michaud to live in the community. It was acknowledged he had made recent progress after starting to see the spiritual counsellor. Still, given the diagnoses of Schizophrenia and Anti-Personality Disorder, and his, up to then, complete refusal to otherwise engage in treatment, the Board was concerned that his sudden decision to engage likely related to the diagnosis of Antisocial Personality Disorder and his wish to not be transferred to a different hospital. Last year’s Board concluded that a further and possibly extended period of stability and progress would be needed before any form of community living might be considered.

Recent Course in Treatment, January 2024 to December 2024

38. Dr. Gojer was involved as the attending psychiatrist between June 2021 and August 2024. In 2024, Mr. Michaud was still proving difficult to manage. The hospital report notes a threat to destroy property on the unit (February 9, 2024). In May 2024, the hospital team was concerned that Mr. Michaud was diverting his Wellbutrin medication to another patient.

39. At times, Mr. Michaud refused to see Dr. Gojer, even commenting how he felt “betrayed by his psychiatrist”. In July 2024, Mr. Michaud wanted his care transferred to Dr. Gulati. Mr. Michaud continued to show no evidence of psychosis. The report notes his efforts at manipulating orderlies to be able to smoke when on passes to hospital grounds.

40. In June 2024, Dr. Gulati made extensive notes of his first meeting with Mr. Michaud. A clinical impression is set out in the report, p.136:

While there has not been any recurrence of psychotic symptoms since the index offence in 2015, the patient has recurrently demonstrated inadequacies in collaboration across care teams and settings with regular disregard for the terms of the disposition order. Given the persistent pattern of responsibility avoidance, relapse into poor coping including via substances, and impulsive-underhanded approach to therapeutic engagement, the patient’s risk profile unfortunately remains concerning.

41. On August 2, 2024, Dr. Gulati recorded that Mr. Michaud had been argumentative and was yelling at hospital staff. Mr. Michaud was reminded that staff are members of the public and that if such behaviours were to occur in the community with little or no provocation, it may well lead to escalation and result in criminal charges. Dr. Gulati continued to be concerned about reports of possible substance use by Mr. Michaud at the hospital. Mr. Michaud claimed he has been “clean this year”, while at the same time having recent cravings. Dr. Gulati recorded staff evidence that Mr. Michaud was asking for substances from other co-patients and that he was constantly bothering them. This presented a risk that Mr. Michaud would destabilize other patients.

42. Dr. Gulati has recorded detailed information about Mr. Michaud’s drug seeking behaviours with other patients. See report, p. 138. The situation was serious enough that, soon after August 20, 2024, the hospital decided to transfer Mr. Michaud from the Rehabilitation Unit to the Assessment Unit. He remained there until September 29, 2024, when he was allowed to return to the Rehabilitation Unit.

43. Given that Mr. Michaud had previously been referred to Waypoint, he was informed the hospital would continue to support him in his recovery. However, if any behaviours of concern should arise - beyond the capacity of a medium secure forensic unit - the hospital would make a re-referral. It was not the hospital’s intent to threaten Mr. Michaud or cause him fear. Rather, this was simply to warn him, should he start attempting to bring drugs on the unit and expose vulnerable patients to drug-taking behaviour or to engage in behaviours that could compromise the safety of staff or patients.

44. By the end of the current reporting period, Dr. Gulati could see Mr. Michaud was using privileges appropriately. He was behaving and participating well on the unit and attending recommended group sessions. Compared to before, his behaviours were showing improvement. The treatment team re-enforced and encouraged Mr. Michaud while highlighting his progress to him. He was also described as working well with the concurrent disorders unit group to manage his cravings.

45. Given those considerations, Dr. Gulati considered recommending a higher level of community access privileges, including within a five-kilometre radius of the hospital, to allow for recreation and leisure, and as a means of testing the patient’s behaviour in the community with ongoing rehabilitation and reintegration.

Current Violence Risk Assessment

46. Dr. Gulati made recent use of the HCR-20-v3 structured risk assessment tool. His discussion of risk appears in the report at pp. 143-145. Based on a consideration of the listed items, including historical, clinical and dynamic factors, Dr. Gulati is of the opinion that Mr. Michaud constitutes a significant threat to the safety of the public.

Evidence at the Hearing

47. The Board also received direct expert testimony from Forensic Psychiatrist, Dr. Sanjiv Gulati. Dr. Gulati is the Associate Chief of the Integrated Forensic Program at the ROMHC. He continues as Mr. Michaud’s attending psychiatrist and is the author of the cumulative hospital report filed in evidence.

48. After reviewing the report’s contents in detail, Dr. Gulati responded to questions.

49. Dr. Gulati explained that when he met with Mr. Michaud in August 2024, they were able to put parameters on the patient’s care and the hospital’s expectations. Dr. Gulati finds Mr. Michaud is polite and pleasant with him on most occasions. However, Dr. Gulati further noted that Mr. Michaud is reported to be challenging and argumentative with hospital staff when he feels his demands are not being met.

50. Dr. Gulati listed various incidents of rule violations, recorded in the hospital report, including recent attempts to bring drugs or orchestrate bringing drugs onto the unit. According to Dr. Gulati, Mr. Michaud will initially deny his involvement in such activities. When faced with evidence, he then brings himself to admit his involvement and to say how sorry he is. Dr. Gulati is concerned that this demonstrates a superficial engagement with the treatment team. Dr. Gulati also emphasized the hospital’s serious concern that such behaviours present a real risk of harm to other patients.

51. To his credit for the more recent months, Mr. Michaud has remained cooperative while on the Rehabilitation Unit. He has been working quite well with the psychologist on issues of his impulsivity. There has been noted improvement to Mr. Michaud’s thinking about his need for treatment for his illness and his need to be honest with the treatment team.

52. Most recently, on December 6, 2024, concern arose when the battery for a vape device was found in Mr. Michaud’s room. No actual vape device was present. Such materials are clearly indicated to patients as being contraband and are not permitted.

53. Dr. Gulati explained that Mr. Michaud will at times display irritability. Concerns are ongoing about his potential to divert medication, particularly regarding his prescribed Wellbutrin. The hospital monitors administration of the patient’s Wellbutrin very carefully. He is only permitted to take it in crushed form dissolved in water. Otherwise, as in the past, Mr. Michaud is at risk of misusing the pill form by sharing it or giving it to other patients.

54. Dr. Gulati confirmed that in the current reporting year, there has been no evidence of actual physical aggression shown by Mr. Michaud to hospital staff. Currently, he appears to have improved in terms of the assessed risk factors, as compared to the earlier history of violence.

55. Counsel had questions for Dr. Gulati about future goals, including access to the community. While Mr. Michaud would like to be able to leave the hospital to seek employment, Dr. Gulati remains concerned about the patient’s impulsivity. Mr. Michaud tends to set goals which, at present, are not realistic. The hospital’s goal is to work with him on his impulsivity and his need to deal with substance use issues and honesty with treatment team members. Mr. Michaud needs to take responsibility for his actions. In the face of ongoing concerns, it is not reasonable for Mr. Michaud to obtain employment outside the hospital setting in the coming twelve months. Dr. Gulati is prepared to explore possibilities with Mr. Michaud that could see Mr. Michaud obtain employment within the hospital setting.

56. Dr. Gulati explained that the hospital intends to have Mr. Michaud continue accessing the community - accompanied by staff. As he progresses, they will consider granting him indirect access to the hospital grounds before going on to look at graduated access to the community – up to supervised indirectly.

57. Dr. Gulati explained the concept of indirect supervision. If granted, Mr. Michaud would be permitted to go out into the community alone. He would first have to provide an itinerary for his planned locations and timings. He would necessarily understand that staff can randomly come at any time to the intended locations, making sure he really is there.

58. Dr. Gulati explained that before the hospital grants any further freedom in terms of access to the community, they would have to be first satisfied about Mr. Michaud’s level of engagement with the treatment team and with the addictions counsellor. Mr. Michaud would also be subject to random urine screenings following his return to hospital from outings. If granted passes to go out on his own, Mr. Michaud would be awarded time limited access of two to three hours before any longer periods are considered.

59. Questions were asked about Wellbutrin. This medication does appear to help Mr. Michaud with his anxiety and depression. However, it has the potential for abuse in two respects, firstly, by way of diversion to other patients and, secondly, it can be snorted for a high. It is for this reason that the hospital is being very careful to closely monitor their administration of Wellbutrin. As noted, they only permit Mr. Michaud to access it in crushed form, in water. For some reason, Mr. Michaud will still ask that his Wellbutrin be provided in pill form, which as is known, can more easily be diverted.

60. Dr. Gulati explained that as they hopefully move forward to granting Mr. Michaud increased access to the community, trust will be very important. The treatment team continues to have concerns, based on recent experience, where they ended up being misled by Mr. Michaud. The hospital wants to move very carefully before Mr. Michaud gets out into the community.

61. Responding to questions posed by Mr. Campbell, Dr. Gulati emphasized, for now, they want to see Mr. Michaud progress further over the course of the coming twelve months on the issues which are highlighted. As noted, in Dr. Gulati’s view, it is not realistic to anticipate Mr. Michaud will be able to join the outside work force within the coming twelve months.

62. Mr. Campbell put it to Dr. Gulati that his client was able to work successfully in the community, notably, before the 2020 onset of the pandemic. Dr. Gulati explained that having a five-kilometer radius for potential community access would permit the team to potentially see Mr. Michaud obtain volunteer work or some form of paid part-time work in the community.

63. For now, according to Dr. Gulati, employment in the hospital setting is best advised. Such employment, while not remunerated with cash, could involve baking, selling patient’s artwork, and helping with cleaning. Dr. Gulati noted the hospital’s concerns for most patients, in terms of risk management, whenever access to cash or cell phones is available.

64. Responding to questions from Board members, Dr. Gulati explained that Mr. Michaud’s diagnosis of antisocial personality tends to create barriers for him. Presently though, things are better managed than before. Dr. Gulati believes that Mr. Michaud is learning that as he wants to do more, he needs to do more in terms of his efforts regarding counselling at a psychological and emotional level.

65. Dr. Gulati does not intend to reduce Mr. Michaud’s antipsychotic medication, given the risk of return to substance abuse, and with it, possible decompensation in his mental state. Mr. Michaud’s psychosis is in remission with treatment by antipsychotic medications. The antisocial personality disorder is seen to be quite permanent. Were Mr. Michaud to be off his antipsychotic medication, negative personality traits would become more prominent.

66. No further evidence was presented.

Submissions of the Parties

67. All three parties presented what was essentially a joint submission following all aspects of the hospital’s detailed recommendations. Both counsel appearing for the Attorney- General and for Mr. Michaud advised they agreed with the hospital’s approach, that privileges may be increased and that this should happen in a graduated fashion. Both counsel agreed with the suggested five-kilometre radius for community access.

68. On behalf of his client, Mr. Campbell advised Mr. Michaud wished to express his thanks to the treatment team. Mr. Campbell explained that Mr. Michaud knows there have been difficulties up to now. Mr. Michaud also feels a positive therapeutic bond for him with the hospital team.

69. Mr. Campbell spoke at length of Mr. Michaud’s past difficulties, including the two years when he was held in custody following the index offence. During that period, Mr. Michaud was not able to access treatment apart from only very basic psychiatric help provided in jail. Mr. Michaud has been through several changes of psychiatrists since coming under the Board’s jurisdiction. It was noted: two of these changes do not necessarily relate to doctor-patient difficulties: each of Dr. Watts and Dr. Kunjukrishnan had ceased their respective involvements with the patient at separate times when their association with the hospital came to an end.

70. Mr. Campbell further noted that when Dr. Kunjukrishnan retired and was no longer involved in Mr. Michaud’s care, Dr. Kunjukrishnan was expressing some very positive comments about progress, including Mr. Michaud’s then-involvement with community employment. Mr. Campbell submitted, Mr. Michaud would very much like to get back to work in the community. This is consistent with descriptions from various psychiatrists who will describe the unfortunate loss of personal agency experienced by patients like Mr. Michaud. This is a problem for those individuals who risk spending extended periods of their life either incarcerated or in detention. Mr. Michaud wants to prove himself. His last failure at community living did not have to do with any failure on his part in the work setting. It arose, instead, in the context of “community living”.

71. Mr. Campbell made a further submission, to seek the Board’s recommendation that Mr. Michaud be granted the possibility of an earlier review within nine months time. Mr. Campbell expressed hope that by September 2025, Mr. Michaud will be able to prove himself. He currently knows he will have to do well and to remain safe and amenable to treatment. Mr. Campbell spoke of his client’s past use of drugs and marijuana, submitting that when Mr. Michaud has used marijuana, he did so in response to the stress of violence he had suffered as a teenager. According to Mr. Campbell, Mr. Michaud already realizes how marijuana is a problem for persons diagnosed with Schizophrenia.

Conclusions and Disposition

72. Based on the clear, consistent and undisputed evidence, the Board unanimously finds that Mr. Jonathan Michaud does continue to present a significant threat to the safety of the public. This is supported by the appropriate joint submission. It is also demonstrated by the clear behavioural history over many years, the most concerning index offence, the diagnosis of severe mental disorder leading to commission of the index offence, the potential of future violence, and the prognosis for treatment. Indeed, at no time during the hearing was the issue of significant threat ever questioned.

73. In similar fashion, the Board concludes, again unanimously, that a detention order is required to manage the risk presented. Given the joint submission, and the state of the evidence, the Board readily accepts the hospital’s recommendations in terms of available privileges and necessary restrictions on Mr. Michaud’s activities. These will be set out in the accompanying disposition.

74. The Board considered counsel’s request that an early hearing be recommended. In our view, notwithstanding Mr. Campbell’s understandable, honest, and well-intentioned submission, the case for early review is not compelling. Mr. Michaud is not yet at the point of being able to access hospital grounds - indirectly supervised. He will need some time in his ongoing work with the hospital treatment team, and with the available counselling resources, particularly psychology based, before he will be eligible to start accessing the community at the various levels - indirectly supervised.

75. It is to Mr. Michaud’s credit that, despite continued drug-seeking behaviour, he does not appear to have been consuming substances for most of the current reporting year. It is also to his credit that he has remained psychiatrically stable with the assistance of anti-psychotic medications. We encourage and expect that Mr. Michaud will continue in his ongoing compliance with his regime of prescribed medications, in all respects, including with Wellbutrin where, obviously, separate concerns remain.

76. The Board accepts the evidence of Dr. Gulati about the importance of trust. This will be a key part for what the future holds, particularly during the coming twelve months. We can tell that Mr. Michaud is in many respects a capable, high functioning, and intelligent individual. We encourage him to do make his very best effort at continuing to remain substance free and to engage fully with all members of the treatment team regarding the issues in which, encouragingly so, he now appears to be interested and involved in pursuing.

77. For these reasons, having regard to the primary consideration of keeping all members of the public safe, and balancing Mr. Michaud’s mental condition, his reintegration, and his other needs, a detention order will issue. Appropriate revisions to the list of recommended privileges are provided.

78. We thank the parties and both counsel for their assistance.

DATED this 10^th^ day of March 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Hageraats Alternate Chairperson

_______________________

Office of the Registrar

Ontario Review Board