Re: Eric Leveque
ORB File No: 6188
Hearing held on: Thursday, January 16, 2025
Place of hearing: North Bay Regional Health Centre – North Bay Site
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. J. Watts
Dr. P. Wright
Ms. L. Banks
Mr. J. Cyr
Parties Appearing:
Accused: Eric Leveque
Counsel: Mr. C. Bracken
The person in charge of hospital: Counsel: Mr. P. Trenker
Attorney General of Ontario: Counsel: Ms. M. Mazurski
REASONS FOR DISPOSITION
(Dated March 20, 2025)
Introduction:
On August 24, 2012, Mr. Eric Leveque was found not criminally responsible on account of mental disorder (“NCR”) on charges of threatening to cause death or bodily harm and threatening to burn, destroy, or damage property, contrary to the Criminal Code. He is currently subject to a Disposition dated January 24, 2024, discharging him subject to a variety of terms and conditions, including, among others, that he reside in supportive accommodation with 24-hour, 7 days a week supervision within the catchment area of North Bay Regional Health Centre (“North Bay RHC” or the “hospital”) and report to the person in charge of the hospital as required.
On January 16, 2025, a panel of the ORB convened a hearing at the hospital to conduct an annual review of Mr. Leveque’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Leveque was present at the hearing and was represented by his counsel, Mr. Bracken.
The Board had to decide whether Mr. Leveque continued to pose a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below, this Board finds the test for significant threat continues to be met and that the necessary and appropriate Disposition under the circumstances is that Mr. Leveque continue to be subject to the terms of his existing Conditional Discharge Disposition on the same terms and conditions with one amendment being the deletion of paragraph 2(a) requiring that he submit to urine and breath screening to test for the presence of alcohol, drugs or any other intoxicant.
Position of the Parties:
The hospital’s position is that Mr. Leveque remains a significant threat to public safety and that the necessary and appropriate Disposition is his existing Conditional Discharge with the removal of paragraph 2(a) requiring that he submits to urine and breath screening to test for the presence of alcohol, drugs or any other intoxicant.
Counsel for the Crown supported the hospital’s position.
Mr. Bracken was supportive of the hospital’s position and conceded the issue of significant threat for the purposes of this hearing.
All parties maintained their joint recommendation to the Board in closing submissions.
Index Offences:
- A summary of the circumstances surrounding the index offences are extracted from last year’s ORB Reasons for Disposition, as follows:
“On the 17 June 2012, the accused Eric Leveque was being escorted to the ECT treatment unit at the Elmgrove unit of the Brockville Gen Hospital located at 1804 cty rd 2 Elizabethtown Kitly Twp. During the escort with staff member Douglas Darling the accused was heard to say, “I’ll kill those fuckers” and also to say, “I will blow them up if they keep doing things to my brain.” He also stated that “I’ll kill them for talking about me.” He made it clear he was referring to the staff at the ECT suite located at the Elmgrove unit. He also mentioned Dr. Jackson by name. Dr. Jackson advised that he did not feel threatened by the conversation.
As a result of these threats, it was determined by his treating Doctor, Dr. Brad Booth, that he should be charged with these utterances.”
Background Information:
Mr. Leveque’s personal, psychiatric and legal history are set forth in full in the Hospital Report to the ORB dated December 20, 2024 (the “Hospital Report”) and as that document was made an Exhibit at the hearing, it will not be repeated here but for the following material highlights.
Mr. Leveque is a single, 42-year-old French Canadian man with no children. Following the index offences, he was admitted to the Brockville Mental Health Centre on transfer from St. Lawrence Valley Correctional and Treatment Centre for a court ordered assessment. Following his finding of NCR, at his initial ORB hearing, he was ordered transferred to the North Bay RHC was admitted to that hospital on November 28, 2012.
Criminal History:
- Mr. Leveque has a criminal record spanning from 2009 to 2011. It includes multiple charges of criminal harassment, and charges of indecent act, mischief, five charges of fail to comply with a probation order, and assault with a weapon.
Psychiatric History:
According to the Hospital Report, Mr. Leveque was diagnosed with Attention Deficit Hyperactivity Disorder at age 13 and, when first hospitalized at age 14, he was diagnosed with Schizophrenia. At that time, he presented with poor concentration, distractibility, irritability, and verbal aggression. File records indicate he experienced auditory hallucinations, paranoid delusions, disinhibited behaviour, and verbal and physical aggression. He had multiple hospital admissions at various facilities with his longest period of hospitalization being over a two- year period at Algoma Hospital in Sudbury. His admissions were primarily related to threatening behaviours toward others or himself. He had been receiving ongoing out-patient service from the Sudbury Community Service Centre for 10 years prior to his most recent admission to the St. Lawrence Valley Correctional and Treatment Centre.
Mr. Leveque was also involved with the ACT Team and Positive Steps (outpatient psychiatric support). His physician at that time prescribed anti-androgen medication as Mr. Leveque engaged in several incidents of inappropriate sexual behaviour, and paraphilia (exhibitionism). Mr. Leveque was placed on a Community Treatment Order (“CTO”) in June of 2011 in an attempt to assist him with compliance to medications and to manage his behaviours in the community. Ultimately, the Consent and Capacity Board ordered him discharged from the CTO.
Current Diagnoses:
- Mr. Leveque’s current diagnoses are:
Schizoaffective Disorder;
Unspecified Intellectual Disability;
Autism Spectrum Disorder; and
Paraphilic Disorder (Exhibitionism).
Evidence at the Hearing:
The evidence at this hearing consisted of the Hospital Report and the testimony of Dr. Gagnon, Mr. Leveque’s treating psychiatrist. He adopted the contents of the Hospital Report and advised that there were no material updates.
Dr. Gagnon advised that Mr. Leveque continues to reside at a supervised home with 24-hour supervision approved by the hospital. He has lived there since Since December 3, 2019. Staff at his residence, the Community Living—Larocque Home (a Dual Diagnosis Transitional Rehabilitation Housing Program) supervise his medication regimen to ensure compliance with his treatment plan. The staff at the group home have consistently implemented a behavioural plan to redirect Mr. Leveque’s behaviours successfully. At his group home, he enjoys participating in supervised community outings, including going for walks in parks, shopping trips, and visiting tattoo/piercing establishments. Mr. Leveque has also remained engaged with the Passport Program.
Mr. Leveque has recently been accepted into a group home in the city of North Bay and will likely be transitioned there over the next few months, likely three. Dr. Gagnon stated that he understands that this newly built residence will be staff-supervised. The doctor advised that the home will be available as a permanent, as opposed to a transitional, residence. Dr. Gagnon commented that the FOP team will work closely with the new residence staff throughout the transition process.
Ms. J. Guillemette, a manager at Community Living North Bay, testified briefly at the hearing to provide further information regarding the new group home that Mr. Leveque will be moving into. The home will be operated by Karis (formerly known as Christian Horizons). Ms. Guillemette testified that she understands that at the new residence, Mr. Leveque will have his own room. The home will be shared with three other residents together with staff will on-site 24/7. Mr. Leveque will likely have his own private kitchen area. There will be common shared areas in the home as well. Further, Ms. Guillemette stated that Mr. Leveque will continue at the new residence to be supported by 1:1 staff for a number of hours daily. She commented that he will receive the same level of supports at the new home that he enjoys at his existing residence.
Mr. Leveque also receives regular follow-up and assistance from the Forensic Outreach Program (“FOP”) team to ensure comprehensive care. Members of the hospital’s FOP team administer his injectable medications.
Mr. Leveque continues to be assessed as incapable to consent to psychiatric treatment and his father acts as his Substitute Decision Maker (“SDM”). Under his SDM’s consent, Mr. Leveque is treated with a long-acting injection (“LAI”) of the antipsychotic medication, Invega Trinza, which he receives every three months. His treatment is augmented with daily oral doses of the following antipsychotic medications: Clozapine, Olanzapine and Seroquel. He is also treated with a daily mood-stabilizing medication, Epival. Mr. Leveque is generally compliant with his prescribed medications although he frequently asks for many to be discontinued. He is typically content to remain adherent when reassured by staff.
Mr. Leveque had also been treated with a LAI of Lupron (an anti-androgen medication) every 28 days but this medication was discontinued, at Mr. Leveque’s request, due to side effects, after he received his last dose on dose on June 5, 2024. Dr. Gagnon stated that the medication will be re-initiated if any hypersexualized behaviours are observed.
Dr. Gagnon stated that since the cessation of Mr. Leveque’s treatment with Lupron, his mental state and behaviours have been closely monitored. To date, housing staff at his group home have reported no sexually inappropriate or behavioural changes since he stopped taking Lupron, including no concerning exhibitionist or hypersexual behaviours.
Of note, Mr. Leveque continues to require frequent redirection when speaking about themes of a sexual nature. As well, he continues to be somewhat fixated on punk girls and nudity and has several sexually explicit tattoos on his bodies which he frequently instructed not to reveal to others. The Hospital Report (page 82) recounts several incidents when Mr. Leveque revealed his sexually explicit tattoos to female members of the public and on one occasion, a woman with a young child. On each occasion, Mr. Leveque was provided redirection and health teaching. Although he struggled to understand the likely negative impact of revealing his sexually explicit tattoos to members of the public, when the comparison was made to such behaviour being offensive and akin to indecent exposure, Mr. Leveque apologized and commented that he didn’t want to “get in trouble”. Dr. Gagnon opined that Mr. Leveque likes to shock people with his inappropriate sexualized comments and tattoos.
On October 10, 2024, he attended at the emergency department with housing staff as he reported experiencing a prolonged, painful erection (priapism). He left when the problem resolved and was never seen by emergency room (“ER”) staff. Another incident of priapism occurred on October 25, 2024 and he attended at the ER of the hospital and received pain management assistance.
In terms of his mental state, Dr. Gagnon reported that Mr. Leveque has remained stable and has not been observed to be internally preoccupied. The Hospital Report indicates that he does not endorse auditory and/or visual hallucinations and has denied experiencing suicidal and/or homicidal ideation. He has not presented with any breakthrough symptoms or side effects. Dr. Gagnon stated that Mr. Leveque’s illness has remained largely in remission on his current treatment and behaviour plans together with all the existing residential and other supports in place.
Mr. Leveque has been compliant with all drug screening and he has not tested positive for alcohol or any illicit substances, and reports not experiencing any cravings or interest in consuming any intoxicants.
Mr. Leveque’s insight remains underdeveloped across all relevant domains. Dr. Gagnon stated that Mr. Leveque presents with poor judgment and requires continuous support from staff. At times, he exhibits agitation, anxiety, and aggressive behaviours when distressed. He frequently often chooses to self-isolate in his room to listen to music as a coping mechanism to manage stress and assist with emotional regulation.
Mr. Leveque’s parents are significant supports for him and they visit him a few times a year.
Dr. Gagnon endorsed the Clinical Assessment of Risk contained in the Hospital Report, and agreed that the following factors aggravate his risk profile:
“Mr. Leveque has an extensive psychiatric history that began at the age of thirteen. He has been diagnosed with Schizoaffective Disorder, a significant mental illness. His symptoms can include disorganized thoughts, impulsive aggression, severe paranoid delusions, and auditory hallucinations. He also experiences recurrent emotional dysregulation, irrational anger, irritability, hostility, and intimidating or aggressive behaviour. Historically, these symptoms have led to harm to both himself and others;
Mr. Leveque has been diagnosed with Autism Spectrum Disorder, which affects his social interactions and skills for independent living;
Mr. Leveque has an intellectual disability. He struggles to provide accurate historical information and often fabricates imaginary experiences;
Mr. Leveque’s mental illness is exacerbated by his interpersonal difficulties, resulting in disinhibited behaviour. He requires supervision from staff and cannot live independently in the community without proper structure and support, as his risk of reoffending remains high;
Mr. Leveque has a history of not adhering to his medication and psychiatric follow-up appointments, and he often requests the discontinuation of his pharmacological medications. He lacks insight into his condition and the necessity of treatment, and he does not recognize the risks and consequences that could arise if he were to stop his treatment;
Mr. Leveque has only benefited to a limited extent from both psychopharmacological and psychosocial treatments. He continues to experience chronic positive symptoms of psychosis that interfere with his ability to perceive reality as well as to care for himself;
Mr. Leveque has a history of verbal and physical aggression that dates back to his early adolescence. He has engaged in unlawful behaviour, including assault with a weapon, criminal harassment, and charges of indecent exposure;
Mr. Leveque has a history of making inappropriate sexual remarks and exhibiting behaviour often perceived as threatening or inappropriate, including incidents of indecent exposure, public masturbation, and both verbal and physical threats or intimidation. During the current reporting period, there have been reports of Mr. Leveque revealing sexually explicit tattoos. Since discontinuing Lupron, an antiandrogen medication, the treatment team has observed an increase in his sexual obsessions;
Mr. Leveque continues to show signs of instability, including anxiety, agitation, and a tendency to feel overwhelmed. He can become overstimulated and lacks social awareness. When feeling overwhelmed, he has a history of verbal aggression towards staff; and
Despite having some family support, Mr. Leveque has limited access to his immediate family, which has been a source of stress since his immediate family is his sole source of personal support.”
According to the Risk Assessment, “Overall, Mr. Leveque’s VRAG score and the historical factors of the HCR-20 indicate a low-to-moderate risk of reoffending. However, neither the VRAG, nor the HCR-20 or PCL: SV capture fully the risk Mr. Leveque poses to the safety of the public as a result of his severe, treatment-refractory mental illness and his intellectual and interpersonal deficiencies. Mr. Leveque is clearly unable to live independently in the community, and without appropriate structure and support his risk of reoffending remains high. However, his risk can be managed with support and supervision consistent with his exceptional needs, which he appears to be receiving in his current placement at the DDTRHP.”
No further evidence was called by the parties.
Analysis and Conclusions:
The Board notes the issue of significant threat to the safety of the public was conceded by counsel for Mr. L; nonetheless, the Board makes its own finding of significant threat based on the expert evidence of Dr. Gagnon, as supplemented by the Hospital Report.
Mr. Leveque suffers from a major mental illness, Schizoaffective Disorder. When unwell, Mr. Leveque has historically presented with impulsive aggression, paranoid delusions, and auditory hallucinations. He has also presented with emotional dysregulation, irrational anger, and intimidating/aggressive behaviour. His presentation is further complicated by his diagnoses of Unspecified Intellectual Disability, Autism Spectrum Disorder and Paraphilic Disorder (Exhibitionism). When considering the issue of significant threat, we are also mindful of the index offences as well as Mr. Leveque’s significant history of criminally offending.
Mr. Leveque continues to express underdeveloped insight into his mental health and the importance of medication adherence in perpetuity. Absent a Disposition from the Board, there is a realistic risk of noncompliance with his prescribed medications, which would be likely to result in a decompensation in his mental state with a return of symptoms similar to those he was experiencing at the time of the index offences. In light of all of the foregoing, the panel finds that Mr. Leveque continues to pose a significant threat to the safety of the public as defined by the Supreme Court of Canada in Winko.
Having found that Mr. Leveque continues to meet the threshold for significant threat, the panel must craft a Disposition which is necessary and appropriate as well as the least onerous and least restrictive.
The panel is mindful that Mr. Leveque has continued to do well in the community; however, we find that this is, to a very significant extent, a result of the extensive supports and services he receives at his 24/7 staff supervised home.
Mr, Leveque should be credited for the fact that he has not engaged in any incidents of violence or aggression over the past year. Further, he has engaged well with the treatment team and has not breached any of the terms of his Disposition. He has remained compliant with his prescribed medication and has also remained abstinent of alcohol and illicit substance use even in the absence of a term mandating his abstinence.
Mr. Leveque has been subject to a Conditional Discharge since January 2022. This home offers a highly structured environment which has supported Mr. Leveque in being able to live successfully in the community since December 3, 2019. The Board agrees with the hospital that Mr. Leveque’s success is in large part due to the level of intensive supports that he receives at this home where his risk of recidivism is safely managed.
This panel agrees with the joint recommendation of the parties that Mr. Leveque’s risk to public safety can be appropriately managed by his existing Conditional Discharge Disposition, with one amendment, being the deletion of the provision allowing for testing for alcohol, drugs and other intoxicants. The panel finds that this term is no longer necessary or appropriate as Mr. Leveque has not had any alcohol or substance-related concerns since his admission to the hospital.
In coming to this determination, the Board has considered the criteria set out in s. 672.54 of the Criminal Code, the paramount consideration being the safety of the public, the mental condition of Mr. Leveque, his reintegration into society and his other needs.
DATED this 20th day of March 2025, at the City of Toronto, in the Region of Toronto.
Ms. L. Banks
Legal Member
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Office of the Registrar
Ontario Review Board