Re: Jessica McGuire, 2025 CanLII 21213

Ontario Review Board

Re: Jessica McGuire

ORB File No. 7839

Hearing Date: Monday, January 13, 2025

Hearing Location: Brockville Mental Health Centre

Pursuant to: ss. 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: Jessica McGuire Counsel: Mr. M. Bird

The Person in charge of Hospital: Representative: Dr. Adiele

Attorney General of Ontario: Counsel: Mr. K. Schultz

REASONS FOR DISPOSITION

(Dated March 6, 2025)

Introduction

1Ms. McGuire was charged with arson-damage to property, arson-reckless disregard for human life, prowl by night, fail to comply with bail condition, and take motor vehicle without owner’s consent, under the Criminal Code of Canada. She was found not criminally responsible for these offences on January 21, 2021.

2She is currently subject to a detention order under a disposition dated January 22, 2024, with privileges that extend to living in the community in accommodation approved by the person in charge.

3A panel of the Ontario Review Board convened this annual hearing on January 13, 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.

4At the commencement of the hearing the Hospital recommended that the current detention order continue with the same terms and conditions other than modifying paragraph 2(j) to read, live in the community of South Eastern Ontario in accommodation approved by the person in charge. Counsel for the Attorney-General supported the Hospital’s recommendation. Counsel for Ms. McGuire also supported the recommendation of the Hospital.

5At the conclusion of the hearing the panel was satisfied on the evidence that Ms. McGuire is a significant threat to the safety of the public, and that a continuation of the current detention order with the terms and conditions suggested by the Hospital is appropriate.

Index Offence

6The following facts relate to the Criminal Code charges.

Taking Motor Vehicle Without Consent

On August 2, 2020, Ms. McGuire had just returned from a road trip with the victim who was the owner of the motor vehicle. He observed her driving away in his Dodge caravan van, and reported this to police, who apprehended her and placed her under arrest.

Arson – Disregard for Human Life

On August 10, Brockville police responded to a call respecting Ms. McGuire burning clothing at an address on Central Avenue East in the City of Brockville. At the residence, the police found burned clothing on the front step and charring to the fence next to where the fire was set. Their investigation revealed that Ms. McGuire was setting fire to her property in attempts to burn the residence.

The police suspected the presence of a mental health issue, as Ms. McGuire spoke to them about incidents she believed had taken place at that location, such as a murder, and about her thoughts of killing other people with scissors and killing herself with a knife the day before. She was escorted to the Brockville General Hospital, where she was placed on a Form 1 for assessment and in the care of that hospital.

Trespassing at Night, and Failing to Comply with Undertaking

After being charged with the arson offence, Ms. McGuire was released on an undertaking not to attend that address on Central Avenue East, and not to communicate with the owner of that property. On September 14, 2020, the victim owner of the property was awakened at 3 a.m. by the Ms. McGuire talking to another tenant in the backyard. The owner confronted Ms. McGuire, indicating to her that she was not allowed to be there, and repeatedly asked her to leave. On September 27, 2020, she was arrested for the offences of fail to comply with undertaking and trespass at night.

Hospital Report dated December 17, 2024

7The Hospital Report dated December 17, 2024 was prepared for this hearing and made an exhibit. It contains detailed information pertaining to Ms. McGuire’s personal and medical history.

8Briefly, Ms. McGuire started to exhibit behavioural problems in her youth. She was using cannabis and had difficulty following school rules. She resided with her aunt from the age of 15 to 17, and thereafter lived on her own. There were relationship issues between Ms. McGuire and her parents which prompted the move to her aunt’s home. After graduating from High School, she began studying for a nursing degree at St. Lawrence College. She left this program after one year. Ms. McGuire has a fairly consistent work history, and it is noted that she has moved her residence approximately 25 times while living in the community. She lived in a women’s shelter for one year after leaving an abusive relationship. Ms. McGuire’s mother advised the Hospital that most of her daughter’s relationships were abusive and drug use was common. She has a son, approximately four years old, who was apprehended at birth by the Children’s Aid Society due to Ms. McGuire’s drug use.

9Ms. McGuire indicated that for approximately 6 months prior to her arrest for the index offences she was using crystal methamphetamines as well as cannabis.

10Her current psychiatric diagnoses are:

(i) Borderline Personality Disorder;

(ii) Stimulant Use Disorder; and

(iii) Cannabis use disorder.

11Ms. McGuire has no criminal convictions pre-dating the index offences, but subsequent to the index offences, she was convicted of an assault for which she received a conditional discharge and probation.

12Ms. McGuire informed her doctor that, in addition to the diagnosis of borderline personality disorder, she has also experienced periods of depression and psychosis. She stated that when she becomes unwell, she can become manic and engage in unusual behaviour. She also advised that she has intentionally cut herself in the past.

13Information from Ms. McGuire’s family physician indicates that she has had several contacts with mental health services over the years. A clinical record dated June 16, 2018 noted that she had given birth to a boy 2 days earlier, and that she had been residing at Interval House for the previous 6 months. It further refers to multiple hospital admissions for psychiatric care with diagnosis of psychosis, perhaps induced by substances, and borderline personality traits.

14In September 2018 she was seen by an out-patient clinic and prescribed the antipsychotic medication olanzapine.

15On February 21, 2020, she was seen by the emergency mental health team at the Brockville General Hospital. She was noted to be depressed with suicidal ideation. She advised the hospital staff that she had been living with a male roommate who was using intravenous drugs. There were also previous mental health reports that referred to Ms. McGuire expressing suicidal ideation.

16There were approximately 4 further admissions to hospital for psychiatric care in or around 2020, with reports of psychosis and borderline personality traits.

17During the 2023 reporting year, the Hospital noted approximately 23 incidents of inappropriate behaviour. They were mostly angry outbursts, and behaviour that was rude, intimidating, and argumentative.

18The Hospital Report refers to this past year as demonstrating some progress for Ms. McGuire, as well as some regression.

19She secured employment at Home Depot in the paint department, and was discharged to live at the Murray Street Group Home in May 2024. However, there were 2 readmissions to the hospital as a result of drug use; in June for cocaine and in August for methamphetamine. The second readmission caused the group home to advise the hospital that they would not allow her to return until she had achieved 6 months of sobriety.

20Since her return to the hospital Ms. McGuire has regularly participated in therapeutic programming, including programs for substance abuse.

21Ms. McGuire maintains regular contact with her parents and her aunt, who acts as her approved person.

22Her behaviour has been somewhat problematic. Ward staff reported frequent instances of verbal aggression, argumentative behaviour, and difficulty with impulse control. She has also been observed to be confrontational with peers when provoked, which incidents were registered on the Hospital’s Aggressive Incident Scale.

23The Hospital notes her potential for progress referring to her being able to maintain consistent employment, and her participation in programs.

24Ms. McGuire currently has privileges which include 11 hours indirectly supervised access to the community on work days.

25The Hospital Report details the risk factors it believes relevant to the significant threat analysis. It indicates poor treatment and supervision response, ongoing affective and behavioural instability, and occasional signs of mood dysregulation. She becomes easily overwhelmed during periods of stress, and she continues to be intolerant of certain patients who she believes have committed certain offences.

Testimony

26The testimony at the hearing was provided by Dr. Adiele, her treating psychiatrist, and by Ms. McGuire.

27Dr. Adiele stated that Ms. McGuire has done well this past year, but has had difficulty with certain patients.

28The Crown asked Dr. Adiele how it can be reconciled that Ms. McGuire behaves well at Home Depot interacting with customers, and yet, has difficulty in the hospital with certain patients. Dr. Adiele believes it relates to the certain patients in the hospital and their behaviour which causes an inappropriate reaction by Ms. McGuire. The Hospital is aware that co-residents could provoke a similar inappropriate reaction from Ms. McGuire in a group home environment.

29Dr. Adiele advised that Ms. McGuire has recently been compliant with her medication.

30He acknowledged that if Ms. McGuire was living in the community and used drugs, her condition and behaviour would deteriorate.

31Dr. Adiele agreed with Mr. Bird’s suggestion that Ms. McGuire is attending drug counselling, and that she is doing well. Dr. Adiele also agreed that she has improved her insight into her mental condition and the harmful effects drug use has on her mental health. Dr. Adiele supports Ms. McGuire living on her own independently.

32In answering questions from the panel, Dr. Adiele advised that Ms. McGuire would prefer to not return to Murray House. The readmissions to hospital in June and August 2024, were a result of consuming drugs, and not other behavioural issues.

33He believes that the outbursts and argumentative behaviour are related to interpersonal conflicts. She has been able to succeed with her employment and her relationships with co-workers and customers, and yet, has difficulty with peers in the hospital and the group home.

34He further advised the panel that Ms. McGuire experiences difficulty with stress, but has on occasion reacted appropriately to stressful situations.

35Dr. Adiele also testified that Ms. McGuire is ready currently to be discharged from the hospital, but this can’t occur until she is first transferred to a less secure unit. The Hospital has not moved her to a less secure unit because of previous conflicts with certain patients who are on the less secure unit.

36Ms. McGuire testified. She stressed that she now accepts the importance of quitting substance use, and that she has refused the opportunity to use drugs. She very much enjoys her work at Home Depot and the people she works with. She often works 36-38 hours per week.

37In response to questions from the Crown concerning her difficulties with co-residents at the Murray St. Group Home, Ms. McGuire indicated that the home was unsanitary, and that she overheard people making critical comments about her. She was the only female in the residence which she found difficult. Ms. McGuire expressed a preference to living alone rather than in a group environment.

Submissions

38The parties maintained the joint submission that was indicated at the outset of the hearing.

Analysis

39The panel accepts that Ms. McGuire remains a significant threat to the safety of the public, and that a detention order is necessary and appropriate.

40The index offences, particularly the arson offence, were very serious.

41She has a long and entrenched history of substance use which is harmful to her mental health. It is encouraging that she is engaged in counselling for substance abuse, and expressed in her testimony a sincere desire to abstain from any further drug use. However, in June and August 2024, she was using substances, which resulted in her readmission to hospital.

42Her behaviour has been very problematic over the past few years. In 2023, the Hospital recorded 23 incidents of rude, argumentative behaviour, with emotional outbursts. She still exhibits verbal aggression, and a lack of impulse control. Her behaviour can be unstable, and she becomes overwhelmed in stressful situations. Ms. McGuire can also become confrontational with co-patients and demonstrates a significant intolerance towards others.

43To her credit, she has maintained employment at Home Depot, and the evidence indicates she is doing very well. There does not appear to have been any behavioural issues at her place of work. She is to be commended for this.

44The panel is concerned with the evidence of Dr. Adiele in reference to the Hospital policy that discharge planning cannot commence until a patient is on the least secure unit of the hospital, and that a transfer to that unit is not possible due to a potential conflict with other patients on that unit. Dr. Adiele testified that, except for the fact that Ms. McGuire is currently on the 2nd least secure unit, she is ready to be discharged at this time. He also stated that, although the Hospital’s policy was to start discharge planning only after a patient is transferred to the least secure unit, exceptions are made. If the Hospital is of the view that a transfer of Ms. McGuire to the least secure unit cannot be made due to potential conflicts with other patients an exception to the policy should be made and discharge planning for Ms. McGuire should be started.

45In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.