Re: Ryan Cunneen
ORB File No: 8694
Hearing held on: Tuesday, February 4, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(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: Ryan Cunneen Counsel: Ms. M. Addie The person in charge of hospital: Counsel: Ms. L. Senko Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated March 20, 2025)
Introduction
On December 17, 2024, Ryan Cunneen was found not criminally responsible on account of mental disorder on charges of manslaughter and mischief under $5000, contrary to the Criminal Code of Canada. He is currently subject to a Warrant of Committal dated December 17, 2024, ordering that he be taken to the Centre of Addiction and Mental Health (CAMH) forthwith. Madame Justice Maxwell declined to make a disposition and remanded the matter to the Ontario Review Board (ORB/the Board) for an initial hearing.
On February 4, 2025, the Board convened at CAMH to hold Mr. Cunneen’s initial hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Cunneen was present and represented by his counsel, Ms. Addie.
At the outset of the proceedings, all parties were canvassed as to their positions on the two issues to be determined by the Board: whether Mr. Cunneen represents 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.
Ms. Senko, on behalf of the hospital, submitted that Mr. Cunneen does represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order on a general forensic unit with discretionary privileges up to and including the ability to exercise indirectly supervised passes in the community. Mr. Coughlan, on behalf of the Ministry of the Attorney General, indicated that he anticipated agreeing with the hospital’s positions, but first wanted to hear the evidence. Ms. Addie conceded that Ms. Cunneen represents a significant threat and agreed with the hospital as to the appropriate disposition. Mr. Coughlan ultimately agreed with the positions taken by the hospital and Ms. Addie. Thus, a joint recommendation was put before the panel.
Findings
- For the reasons that follow, the panel finds that Mr. Cunneen represents a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order on a general forensic unit with the terms as recommended by the parties.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated January 10, 2025 (ex. 1), and the viva voce evidence of Dr. Liu, Mr. Cunneen’s treating psychiatrist.
The Index Offences
- The following is a summary of the index offences as described in the Hospital Report, at pp. 21-22. On January 20, 2023, the 89-year-old victim was walking northbound on a sidewalk along Yonge Street. Mr. Cunneen ran up behind her at top speed and, with two hands, shoved her from behind. Unable to brace the fall, the victim fell face-down on the pavement, causing her head to snap backwards fracturing her vertebrae. The fractured bones of her vertebrae then damaged a vital part of her spinal cord and she died instantly. Mr. Cunneen proceeded to run over her body and continued running northbound on Yonge Street.
Shortly before this incident, Mr. Cunneen had thrown a brick through the front window of a Subway Restaurant located a short distance away.
Background Information
The Hospital Report contains a significant amount of information about Mr. Cunneen’s background and psychiatric history and need not be reviewed beyond the following material points. Mr. Cunneen is a 39-year-old man who was born in Sault Ste. Marie. His parents divorced when he was five. He lived with his mother until the age of 12 and, because of ongoing conflict with her, he moved in with his father.
Mr. Cunneen was an Ontario Scholar and attended Brock University where he achieved a degree in General Studies. His mother died and left him money in trust, which was administered by a family friend who provided him with a monthly stipend. However, as Mr. Cunneen began experiencing mental health issues, he stopped cashing his cheques.
According to Mr. Cunneen’s father, when Mr. Cunneen turned 16, he began to show signs of mental illness. He was diagnosed with schizophrenia and provided medication. His father noted a pattern where Mr. Cunneen would begin to do well, eventually stop taking his medication and then experience a deterioration in his mental status. This cycle would repeat itself.
The Hospital Report describes a number of admissions to hospital between 2007 and 2009 when Mr. Cunneen endorsed depression, severe mood swings, paranoia and thoughts of suicide. In 2009, Mr. Cunneen was brought to emergency by his parents. He had become angrier and more alarming to his parents. He expressed more delusional thought content. Mr. Cunneen was admitted under the Mental Health Act. He was found incapable for treatment decisions and his mother became his substitute decision maker. He successfully appealed his involuntary status and left against medical advice. At discharge, Mr. Cunneen refused a prescription for antipsychotic medication.
A month later, his mother again brought him to hospital. He was admitted under the auspices of a Form 1 as an inpatient and started on an antipsychotic medication. He was compliant and cooperative during his stay, however, when he no longer met the threshold for hospitalization, he discharged himself against medical advice.
Between 2010 and 2017, Mr. Cunneen was under the care of CAMH. He was compliant with treatment and his psychotic symptoms remained in remission. He also abstained from substances. He was employed, lived in shared accommodation and socialized with friends.
Unfortunately, Mr. Cunneen had a number of admissions to hospital in 2017 and 2018. There were concerns that Mr. Cunneen had not been adherent with treatment and had been aggressive with a roommate in the context of psychosis. Mr. Cunneen was deemed capable regarding treatment decisions, although his insight into his illness and need for treatment remained poor. He reported that he did not need psychiatric medication and declined long-acting medication, which had been offered and encouraged.
In 2018, Mr. Cunneen’s mother died which became a significant stressor for him. In July, he brandished a knife at his landlord. While an inpatient at CAMH, he brandished a plastic knife at nursing staff and barricaded himself in an interview room. He was deemed incapable of consenting to treatment and his father became his substitute decision maker. Upon discharge from hospital, Mr. Cunneen became subject to a Community Treatment Order. Unfortunately, he discontinued medication and broke all contact with his family.
In September 2020, Mr. Cunneen was charged with sexual assault while in British Columbia. He was admitted to hospital pursuant to a court-ordered fitness assessment. He was found unfit to stand trial and remained so at the conclusion of a Treatment Order and came under the jurisdiction of the BC Review Board. After eventually being found fit to stand trial, Mr. Cunneen became an involuntary patient. He was treated with long-acting injectable antipsychotic medication, which resulted in some improvement. However, given he remained symptomatic, he was deemed treatment resistant. Clozapine was initiated along with long-acting injections of antipsychotic medication. His charges were stayed in September of 2021.
Mr. Cunneen stated that prior to his arrest for the index offences, he was homeless and sleeping on the streets. He had not taken any form of antipsychotic medication for the previous two months.
The Hospital Report includes a chart listing a number of interactions that Mr. Cunneen had with police that resulted in charges. It is unclear whether these charges were resolved by way of mental health diversion or some other means.
Shortly after his arrest for the index offences, Mr. Cunneen was found unfit to stand trial and admitted to CAMH pursuant to a Treatment Order. He was found fit to stand trial on June 13, 2023 and returned to CAMH pursuant to a Keep Fit Order. He was admitted to the Secure Forensic Unit where he has remained.
Course Since NCR Finding
Mr. Cunneen’s current diagnosis is Schizophrenia. He has been assessed as being capable of making treatment decisions. He continues to display fixed grandiose delusions of a chronic nature. However, they do not significantly interfere with his day-to-day interactions.
Dr. Liu testified before the Board. He has been Mr. Cunneen’s treating psychiatrist since September 2023. Since then, Mr. Cunneen has been compliant with medication and has been rule abiding. There have been no behavioral concerns.
In response to questions from Mr. Coughlan, Dr. Liu indicated that Mr. Cunneen would be starting at the bottom of the pass ladder and it would take some time for him to progress to applying for indirectly supervised passes. Dr. Liu indicated that the time frame could be in the range of six months.
All parties presented a joint recommendation.
Analysis and Conclusion
The panel carefully considered the Hospital Report and the evidence of Dr. Liu and unanimously concludes that Mr. Cunneen represents a significant threat to the safety of the public. When untreated, Mr. Cunneen’s behaviour becomes more erratic and his delusions become more pronounced. He has a history of becoming noncompliant with medication and disengaging with services. Since 2020, he has exhibited violent behaviour when he experiences a deterioration in his mental status, such as at the time of the index offences.
Having found that Mr. Cunneen continues to represent a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
Since his admission to CAMH 18 months ago, Mr. Cunneen has been compliant with treatment and there have been no behavioural concerns. He will be able to access appropriate programming which will be focused on improving his insight into his mental illness and the ongoing need to comply with treatment, in particular his medication. Further, the treatment team will be in a better position to conduct a more fulsome risk assessment.
Accordingly, the panel orders that Mr. Cunneen be detained at the General Forensic Unit at CAMH with the ability to enter the community indirectly supervised. In addition, the order will require Mr. Cunneen to abstain from alcohol and non-medically prescribed substances, and submit random urine and/or breath samples upon request. Finally, Mr. Cunneen will be prohibited from possessing weapons. In arriving at this conclusion, the panel has considered the paramount factor of the safety of the public, Mr. Cunneen’s community reintegration, his mental condition, and his other needs as required by s. 672.5 of the Criminal Code.
DATED this 20th 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