Re: Dalton G. Allen
ORB File No: 4244
Hearing held on: Tuesday, February 4, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.81(1) and 672.48(1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. S. Lessard Dr. L. Leong Ms. C. Finley Mr. A. Bouvier
Parties Appearing: Accused: Dalton G. Allen Counsel: Ms. S. Feldman
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated March 21, 2025)
Introduction
On July 14, 2005, Dalton Allen was found unfit to stand trial on a charge of sexual assault, contrary to the Criminal Code of Canada. Mr. Allen has continued to be found unfit at all subsequent annual reviews. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board), dated February 22, 2024, detaining at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (CAMH/ the hospital), with discretionary privileges up to and including living in the community in supervised accommodation approved by the person in charge.
On February 4, 2025, the Board convened a hearing at the hospital pursuant to ss. 672.48(1) and 672.81(1). As in previous years, Mr. Allen was not in attendance. Ms. Feldman, counsel for Mr. Allen, indicated that she had instructions to the extent that was possible and was prepared to proceed in his absence. On consent of all parties, Mr. Allen was excused from attending pursuant to s. 672.5(10) of the Criminal Code.
At the outset of the proceedings, all parties were canvased as to their positions on the issues to be determined by the Board: whether Mr. Allen remains unfit to stand trial; and if so, whether he represents a significant threat to the safety of the pubic; and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
Dr. Darby, on behalf of the hospital, submitted that Mr. Allen is unfit, indeed, clearly permanently unfit. He continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order. Mr. Coughlan, on behalf of the Ministry of the Attorney General, and Ms. Feldman, concurred in the hospital’s positions. Thus, a joint recommendation was presented to the Board.
Findings
- For the reasons that follow, the panel finds that Mr. Allen remains unfit to stand trial and is likely permanently unfit. Further, he continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated January 20, 2025 (ex. 1), and the viva voce evidence of Dr. Darby, Mr. Allen’s treating psychiatrist.
The Alleged Index Offence
- The circumstances of the alleged index offence are taken from the previous Reasons for Disposition dated March 5, 2024:
According to the police synopsis, the index offence of sexual assault occurred on May 1, 2005. The complainant was working at her hair salon and had stepped out onto the street for a cigarette. Mr. Allen approached her and asked her for a cigarette. The complainant turned to go back into the salon to get him a cigarette when he grabbed her by the shoulders and stated, “Give me a hug.” He then reached around behind her and slapped her on the buttocks. Several individuals who noticed the complainant’s distress came to her assistance and held on to Mr. Allen while the complainant dialed 911.
Background Information
The Hospital Report contains a great deal of information on Mr. Allen’s background and psychiatric history and need not be reviewed in these reasons beyond the following material facts. Mr. Allen is a 51-year-old man who was raised in Jamaica by his maternal aunt before coming to Canada at the age of 13 to join his mother and sisters. Mr. Allen studied up to Grade 10, however, his studies were interrupted several times due to the onset of his mental illness at age 15 or 16.
Reportedly, Mr. Allen began drinking alcohol and smoking marijuana at the age of 8 or 9. He progressed to cocaine use in 1989 at the age of 16. In 1993, Mr. Allen was admitted to St. Thomas Psychiatric Hospital for treatment of alcohol and substance abuse.
Mr. Allen had his first psychiatric admission in 1989 at the age of 16 at North York General Hospital, which resulted in a diagnosis of schizophreniform disorder. Shortly thereafter, psychological testing conducted at Whitby Mental Health Centre indicated intellectual functioning within the borderline range.
Mr. Allen was admitted to Sunnybrook on numerous occasions. Mr. Allen was admitted between March 15 and April 3, 1993 due to inappropriate sexual overtures and threats of violence at his group home, which prompted the group home staff to bring him to the emergency department. The staff were very concerned about his sexual innuendos and overtures toward particular staff members at the group home. He became irritable and threatened violence when staff stated that they would not have sex with him.
Following his arrest on the index offence in 2005, Mr. Allen was found unfit to stand trial. He remained under the jurisdiction of the ORB until he was determined to be fit to stand trial. At court, he was once again found to be unfit to stand trial and returned to the jurisdiction of the Board. He remained at CAMH until his discharge in 2016 to highly supported community housing operated by LOFT. He remains at that residence.
Course Since the Last Disposition
Mr. Allen’s current diagnoses are Schizophrenia, Borderline Intellectual Functioning and Polysubstance Dependence, in sustained remission in a controlled environment. He is incapable of consenting to treatment and his mother acts as his substitute decision maker.
According to the Hospital Report, Mr. Allen’s thought process is disorganized with tangentiality and loose associations. There is evidence of ongoing delusions as he talks about the crucifixion of his brother in a church and indicates he believes his mother is not his biological mother. He is frequently seen preoccupied and responding to internal stimuli and mumbling.
According to the Hospital Report, Mr. Allen has again not tolerated any sustained questioning around fitness, his alleged index offence or his status under the ORB. During the most recent attempt, he continued to adamantly deny the existence of any legal charges, and questioned the legitimacy of his ongoing detention under the ORB.
Dr. Darby testified before the panel. He indicated that Mr. Allen continues to exhibit remarkable thought disorder and it is extremely difficult to have a comprehensible conversation with him. Mr. Allen’s speech is “word salad” and is so jumbled that it is impossible to make sense of it, not just in terms of fitness but in fact, around almost anything.
Mr. Allen remains pleasant and gets along well with Dr. Darby and his case manager, as well as the staff at the residence. However, given Mr. Allen’s level of disorganization, he has very little interaction with other residents but functions quite independently. He spends his day going for long walks. He continues to receive support from his mother.
Mr. Allen is administered his medications under the supervision of the staff at the residence. He is currently prescribed clozapine and requires a blood test every 4 weeks, which he attends on his own without any issues. Having said that, Mr. Allen has very limited insight into the need for medication. He does not think medication has done any good to him and the current clozapine he is taking is illegal. He does not think discontinuing medication will result in any negative consequences. It is difficult to have any meaningful conversations with Mr. Allen or follow through with any recovery plan or engage in therapeutic interventions or psychoeducation.
When asked about a potential admission to hospital, Dr. Darby indicated that although Mr. Allen remains incapable, in the doctor’s opinion, Box B under the Mental Health Act would not be available. In Dr. Darby’s opinion, given the extreme nature of Mr. Allen’s thought disorder, a doctor might not be able to demonstrate that there had been a decompensation as required under the Act.
All parties maintained the joint recommendation.
Analysis and Conclusion
The panel carefully considered the Hospital Report and the evidence of Dr. Darby and unanimously accepts the joint submission that Mr. Darby remains unfit to stand trial and is likely permanently unfit. The panel has the benefit of the Ontario Court of Appeal decision, R v Bharwani, 2023 ONCA 203, that provides guidance on this issue. To be fit, the accused must be capable of communicating rationally with counsel or the court. The accused must have a reality-based understanding of his legal situation, be able to maintain a meaningful presence, and have the capacity to meaningfully participate in the trial process. These are touchstones for the fitness inquiry and the determination of the fundamental question of whether the accused can fairly participate.
Mr. Allen’s borderline intellectual functioning and profound thought disorder make it difficult, if not impossible, for him to meaningfully participate in any court process. Quite simply, he would not be able to communicate rationally with his lawyer or the court. He would not have a reality-based understanding of his legal situation. Mr. Allen remains unfit to stand trial.
The Hospital Report includes the following statement under Composite Assessment of Risk, at p.55:
The treatment team is of the opinion that Mr. Allen remains a significant threat to the safety of the public. For several years, Mr. Allen has maintained his residence in a highly supported community residence. Due to his psychotic symptoms and thought disorder, this progress has been maintained within the context of intensive professional supports in the community. Although Mr. Allen has generally been compliant with medication, there have been multiple occasions in which he has tried to delay the time of administration and in which he has become verbally aggressive with staff when they attempt to administer medications. Furthermore, Mr. Allen does not believe that he has schizophrenia, or that he requires medication. He feels that the restriction of his liberties and the requirement for him to take medication are ‘a great injustice’. He continues to deny that he has ever sexually assaulted anyone and insists that he is not currently under the auspices of the ORB.
The panel also accepts the joint recommendation that Mr. Allen remains a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the same terms and conditions. The support and supervision provided by the staff at the LOFT residence are critical in the management of Mr. Allen’s risk in the community. Absent that support, Mr. Allen would become noncompliant with medication and decompensate. It is necessary and appropriate that the hospital have the ability to approve Mr. Allen’s accommodation in the community.
Accordingly, the panel orders that Mr. Allen continue to be subject to the same terms and conditions of his current detention order. In arriving at this conclusion, the panel has considered the paramount factor of the safety of the public, Mr. Allen’s community reintegration, his mental condition, and his other needs as required by s. 672.5 of the Criminal Code.
DATED this 21^st^ day of March, 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Legal Member
__________________ Office of the Registrar Ontario Review Board