Ontario Review Board
Re: Gil Fonkwo
ORB File No: 8627
Hearing held on: Monday, January 6, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Sections 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Hageraats
Members: Dr. S. Lessard
Dr. G. Glancy
Ms. M. Labrosse
Mr. A. Bouvier
Parties Appearing:
Accused: Gil Fonkwo Counsel: Ms. M. Lord
Person in charge of hospital: Representative: Dr. D. Bourget
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated March 11, 2025)
Introduction
[1]. On September 17, 2024, Ms. Gil Fonkwo, appeared in court on charges of assault, contrary to the Criminal Code of Canada.
[2]. The court was presented with psychiatric evidence establishing that Ms. Fonkwo suffered from a severe mental disorder at the time that she committed the index offences. Based on that evidence, the court ruled that Ms. Fonkwo was not criminally responsible on account of mental disorder (NCR).
[3]. Following the NCR verdict, the court chose to not render a disposition. Instead, Ms. Fonkwo was asked to appear before the Ontario Review Board (ORB or “the Board”) for the Board to render its own disposition.
[4]. On January 6, 2025, the Board convened in the French language at the Royal Ottawa Mental Health Centre (ROMHC or “the Hospital”) to hear evidence and to render a disposition. Ms. Fonkwo attended in person with her spouse, Mr. Louis Philippe Toussaint. The parties brought along their infant child, aged ten and a half months. Mr. Toussaint provided attentive childcare as the hearing proceeded.
[5]. The hospital case manager, Mr. Stephen Su, also attended to support the patient and her family as did a mental health worker with the Montfort Renaissance program, Ms. Marielle Mercier.
[6]. The Board received several documents filed in evidence. The complete Exhibit list is as follows:
Hospital Report - dated December 2, 2024
Court Information
Release Order – June 28, 2024
Ottawa Police Charge Sheet
Court Transcript OCJ – September 17, 2024
Disposition Hearing Outcome – September 17, 2024
Hospital Report Criminal Responsibility – August 12, 2024
Hospital Report V1 – December 2, 2024
The issues to be considered by the Board are whether Ms. Fonkwo presents a significant risk to the safety of the public, and, if so, to determine the necessary and appropriate disposition.
Initial Positions of the Parties
[8]. When the hearing began, the hospital representative and counsel for Ms. Fonkwo stated that Ms. Fonkwo does not present a significant risk to the safety of the public. On that basis, they advised that the Board should discharge Ms. Fonkwo without conditions.
[9]. On behalf of the Attorney-General, Ms. Dufort preferred to await the completion of evidence before taking a formal position.
[10]. For the reasons set out below, the Board found that Ms. Fonkwo no longer presents a significant threat to the safety of the public.
[11]. On that basis, she was granted an absolute discharge.
Current Psychiatric Diagnoses, (Exhibit 1) Hospital Report dated December 2, 2024
- Psychotic Disorder – not otherwise specified
Differential Diagnosis includes:
- Schizoaffective Disorder or Bipolar Disorder
- Psychotic Disorder arising from a medical condition (hormonal changes from pregnancy)
Index offence
[12]. The circumstances are described in the hospital reports filed, the court transcript and other court documents. In summary:
“The victim and accused have been involved in an intimate relationship since 2021 and have a young baby together. The victim believes that the accused is suffering from post-partum depression but indicated that some assaults took place before the baby was born. There are no previous (police) contacts with the victim and accused.
While living in Gatineau, QC, the victim alleged the accused had broken 2 of his work computers, causing his employer to deduct approximately $570 from his paycheque to pay for the damages. The victim received 2 replacement monitors.]
On or about the 7th day of February 2024, at 380 Frank St, in the city of Ottawa, the accused, Gil FONKWO, damaged the victim's work computer and struck him on the face and head. The victim is identified as Louis-Philippe TOUSSAINT. The victim was working within their bedroom when the accused entered and engaged in a verbal altercation surrounding unknown circumstances. The accused became angry and pushed the computer monitor off his desk, causing it to break. The accused left the room and the victim proceeded to lay down on the bed. A short time later, the accused re-entered the room to try and talk to the victim, who laid silent. The accused proceeded to hit the victim on the face and head and then left the room again. The victim got up and locked the door to prevent the accused from coming back into the room. (assault)
On or about the 9th day of February 2024, the accused entered the living room where the victim was working on his second work computer, when she asked him what he was smiling about. The accused proceeded to push his computer monitor off the desk, causing it to break and proceeded to take his laptop and throw it onto the floor, also causing it to break. The victim was subsequently fired from his job at Sym-tech Design Services due to the destruction of the property. (mischief to property)
Between the 4th of March and the 8th of March 2024, the accused and victim were having a verbal dispute when the accused became angry and began to hit the victim in the face and head. The victim proceeded to open the apartment door in an attempt allow others to hear and see into the dwelling unit, so the accused would stop her assaultive behaviour; however, she continued to strike him. (assault)
On or about the 22nd day of March 2024, at approximately 2215 hours, the victim was on the phone with his friend when the baby began to cry. The accused called out to the victim to tend to the baby. The victim picked up the baby and was sitting on the couch in the living room when the accused approached him from behind and began hitting him on the head while saying "what did you call me". The victim put down the baby while saying that he was talking on the phone. The victim proceeded to walk out of the dwelling and down the hall, where the accused followed and continued hitting the victim. (assault)
On the 31st day of March 2024, the accused was telling the victim she no longer wanted to be in a relationship and repeatedly told the victim to leave the home. The accused proceeded to gather the victims belongings and placed them by the door. The victim left the home and upon his return, noticed his belongings in the hallway. The victim was moving his belongings back into the home when the accused actively tried to take his keys away from him. The accused was pushing the victim toward the door to force him to leave and also spat in his face. The victim went and sat on the couch when the accused began to hit him on his face, head, and stomach with closed fists, forcing the victim to raise his hands to defend himself. (assault)
the 1st day of April 2024, the Ottawa Police Service was contacted by the paramedics due to allegations of physical violence toward the victim by the accused. Patrol attended and spoke with the victim and later placed the accused under arrest for assault and mischief to property.
Det. BROWN of the Intimate Partner Violence Unit conducted an interview with the accused, who stated that she could not remember any of the incidents between the 7th day of February and the 22nd of March. The accused denied assaulting the victim on March 31st.”
[13]. Ms. Fonkwo was hospitalized at the Montfort in Ottawa between April 2 and April 16, 2024. In the hospital report, the following comments appear in a discharge summary, dated April 16, 2024, prepared at the Montfort by Dr. Norbert-Bergeron:
“Pt admitted as many people around her, including mid-wife, were worried for her mental health, they feared she had post partum depression. At home pt was not caring well for herself and started becoming irritable and allegedly physically assaulted her husband who called the police and she spent a night at the police station and charges were pressed against her Including no contact order with her husband. She appeared to not care for herself at the mall where she was left after she was with police so brought to hospital and admitted on a form 1. On day 2 of hospitalization pt opened up that she had long standing recuring episodes of hypomania/mania for several years and she reported current psychotic sx: AH, felt like was working with secret services. She appeared capable for treatment decisions and consented to start Abilify as treatment. She tolerated well up to 15 mg po daily and accepted to transition to Abilify maintena as we had hope to have medication coverage through panorama program. She received her first injection (800mg) on April 15 and tolerated well. There were a few residual sx during her weekend pass (few AH left and feeling of being followed) but there was no acute safety concerns and she is doing much better and felt to be ready to go home. She will be staying with her aunt. During her admission multiple attempts were made for pt to have visit from her baby at the hospital or outside of hospital but CAS was not helpful in organizing this, were not allowed to contact her husband due to the no contact order (verified the law and this includes Indirect contact from us which are not allowed).”
Court Involvement – Substance Use History
[14]. Ms. Fonkwo has no record of criminal offending of any kind. She does not use recreational drugs. Any previous alcohol consumption is described as modest and infrequent.
Personal Background
[15]. Ms. Fonkwo is 27. She was born at Douala in Cameroun. She was the product of a normal pregnancy and term delivery. Ms. Fonkwo is an only child. She reported some sadness in her childhood because she would have liked to have had a brother or a sister. Otherwise, while growing up, Ms. Fonkwo had friends and was involved in different activities, including soccer. She speaks both English and French and feels more comfortable in French. Ms. Fonkwo’s father works as an engineer while her mother is a teacher and Vice Principal at the Lycée Joss Douala.
[16]. Ms. Fonkwo came to Canada from Cameroun at age 16. She has yet to achieve formal legal immigration status in Canada. However, steps are being taken in the hope she will achieve permanent residence status in Canada.
[17]. When Ms. Fonkwo first came to Canada, she lived with her Aunt for two years while studying at Cité Collégiale. She completed a college diploma in Electronic Engineering. In 2016, she began her Bachelor program in Computer Engineering at the University of Ottawa. This is a four-to-six-year program. In 2020, after three years, she had to stop her studies to regularize her immigration status. Ms. Fonkwo wishes to finish her Baccalaureate when she obtains Canadian residential status. To finish the program, she only needs another year.
[18]. Ms. Fonkwo has worked for paid employment as an instructor at Cité Collégiale. She has held other positions as a cashier in various businesses, in addition to having worked as a hotel receptionist and a support technician for TekSavvy and at Apple. From time to time, Ms. Fonkwo would change her job for higher paid positions with a view to improving her situation.
[19]. Ms. Fonkwo and Mr. Toussaint first met on July 4, 2021. Mr. Toussaint was born in Canada. He is of Haitian descent. The couple began living together in November 2021 and married on December 16, 2023. Mr. Toussaint works in the insurance business. By all accounts, he is described as a calm individual.
Events Leading to March-April 2024
[20]. The victim of the index offence, Mr. Toussaint, reported noticing changes in his wife’s behaviour during the pregnancy, more so, starting in December 2023. Ms. Fonkwo was showing agitation, her mood varied considerably, and she was coming out with illogical statements. It got to the point where he was no longer able to communicate with his wife.
[21]. During the last months of pregnancy, Ms. Fonkwo was experiencing a great deal of stress. In addition to the pregnancy, she was affected by continuing delays with the immigration process. This brought her to the point of fearing deportation from Canada. Ms. Fonkwo was also worried about finances and about some friction with her spouse.
[22]. Ms. Fonkwo gave birth to her daughter on February 14, 2024. The pregnancy, her first, had gone relatively well during initial months. Ms. Fonkwo later suffered from Hypertension and pre-eclampsia which required her to deliver by caesarian section.
[23]. Dr. Bourget received information from Ms. Fonkwo’s mother, Marcelline Nguemno. Ms. Nguemno reported that on about March 9, 2024, she started to receive strange messages from her daughter. The caller was telling Ms. Nguemno that her daughter was accusing her of being an evil woman and of having organized people against her, and that she was a woman with several heads, a demon. The caller stated Ms. Nguemno was to stay away from her daughter and her family. The comments were delusional. Initially, Ms. Nguemno had the impression that her telephone had been pirated. She was convinced the caller was someone else, and not her daughter. After getting more calls in the following days, Ms. Nguemno contacted her son-in-law and realized what was going on.
[24]. After the birth, Mr. Toussaint reached out for help. He contacted the mid-wife. He described his experience from the latter months of the pregnancy. It was recommended he contact the mobile crisis unit via 9-1-1. Mr. Toussaint was not looking for police intervention. At no time did he wish to file any kind of formal complaint against his spouse. Mr. Toussaint simply wished his wife to meet the mid-wife or doctor, out of concern for the problems that were being manifested due to hormonal changes during pregnancy. Following the child’s birth, and after mental health care was provided to Ms. Fonkwo, Mr. Toussaint describes his wife to be much calmer. She has returned to her normal state.
Course from April 2024 to December 2024
[25]. Following the admission to the Montfort Hospital on April 2, 2024, Ms. Fonkwo was started on treatment with a long-acting injectable antipsychotic medication. Her condition showed progressive improvement. At the time of her discharge on April 16, 2024, symptoms were felt to be in remission, with no acute safety concerns for her or her infant.
[26]. Not long after being discharged from the Montfort Hospital on April 16, 2024, Ms. Fonkwo had a second hospital admission. She spent three days at the Queensway-Carleton Hospital, from May 26 to May 28. Ms. Fonkwo was presenting with suicidal ideation and intent while suffering from numerous psychosocial stressors. Her mood was reactively distressed. Psychotic features were not evident. She was said to be feeling guilty about what she was perceiving as past misbehaviours. Issues giving rise to stress included financial, accommodation, and immigration concerns.
[27]. Ms. Fonkwo was also suffering an adjustment reaction to the separation from her husband and their daughter and was quite worried about not being able to obtain permanent residence status. She greatly feared she would be deported from Canada.
[28]. Dr. McNestri recorded that Ms. Fonkwo had slightly improved by May 28, 2024. She was transferred to the Montfort Hospital, to attend there for outpatient care.
[29]. At the Montfort Hospital, Dr. Tezeta Mitiku, has been involved treating Ms. Fonkwo for a diagnosis of Bipolar Affective Disorder, Type 1 and suspected Schizoaffective Disorder. Symptoms observed by Dr. Mitiku in April 2024 included paranoid and persecutory delusions that she was in danger and that her husband wanted to harm her. Her symptoms were exacerbated further in the post-partem period. During that time, she had impaired insight and judgment.
[30]. During the period leading to May 26, 2024, Ms. Fonkwo resided in the home of her Aunt: she was still restricted by bail release conditions to not return to the family home and to have only limited contact with her husband.
[31]. Following hospitalization and initial psychiatric treatment, Ms. Fonkwo quickly came to understand she had suffered a psychosis. She reported having had paranoid ideas. For a time, she believed that other people hated her. During the episode, she did not realize she was ill.
[32]. In more recent months, following discharge from hospital, she was permitted graduated contact with the victim of the index offence, her spouse, Mr. Toussaint, and with their child. Still more recently, the family was able to reunite.
[33]. After court-ordered bail restrictions were lifted, Ms. Fonkwo reintegrated with her family. She regards her marriage as a strong. On July 3, 2024, her mother came to Ottawa from abroad to assist the young parents.
Dr. Bourget’s Assessment for the Court
[34]. Ms. Fonkwo had no history of psychiatric intervention before her admission to the Montfort Hospital on April 2, 2024. There is no known family history of mental illness. There is a suggestion in Dr. Bourget’s report that she may have experienced some episodes of Hypomania in years before her first actual psychotic episode. Ms. Fonkwo continues to be followed by the Montfort psychiatrist who first treated her, Dr. Mitiku.
[35]. Dr. Bourget was called upon to assess Ms. Fonkwo on the issue of criminal responsibility. In her report to the court, Dr. Bourget found that the events of concern arose in the context of a psychosis. Ms. Fonkwo was in a mental state which, at the time, did not permit her to reflect normally and reasonably that she had lost the ability to control her behaviour. Following Ms. Fonkwo’s involvement in treatment, Dr. Bourget came to the opinion that Ms. Fonkwo was showing good insight into her need to pursue follow-up with psychiatry and medication. Dr. Bourget is satisfied that Ms. Fonkwo is now well supported, and not just with treatment. She also benefits from excellent family support, including that of her spouse.
Current Violence Risk Assessment
[36]. Dr. Bourget made recent use of the HCR-20-v3 structured risk assessment tool. Dr. Bourget’s detailed discussion of risk appears in the hospital report. According to Dr. Bourget, Ms. Fonkwo does not present with any historical risk factors. The clinical factors (recent problems) are very well controlled. Ms. Fonkwo remains free of symptoms. Dynamic risk factors are not present.
[37]. In her report, Dr. Bourget emphasizes that the victim of the index offence was only trying to seek assistance for his wife when he contacted emergency services and that he had no intention of ever filing a criminal complaint against his wife. In all respects, Dr. Bourget is satisfied that Ms. Fonkwo’s condition is being well managed through the resources of Dr. Mitiku and the Montfort Hospital.
Evidence at the Hearing
[38]. The Board also received direct expert testimony from the assessing psychiatrist, Dr. Dominique Bourget, Forensic Psychiatrist associated with the ROMHC. Dr. Bourget is the author of the hospital report filed in evidence. She reviewed the report’s contents in detail before responding to questions.
[39]. Dr. Bourget testified that Ms. Fonkwo fully intends to continue with her psychiatric treatment. This includes receiving injectable long-acting psychiatric medications, administered once monthly. The risk of reoffending, in Dr. Bourget’s opinion, is extremely mitigated. Ms. Fonkwo remains free of symptoms.
[40]. Currently, Ms. Fonkwo spends her days at home with their child. Dr. Bourget confirmed that Mr. Toussaint, the victim of the index offence, remains very supportive of his spouse and continues to provide more than just financial support.
[41]. Responding to questions from Crown counsel, Dr. Bourget acknowledged that Ms. Fonkwo’s situation has not changed in terms of the stressors affecting her life. However, these are now being properly managed, including with the assistance of the Montfort Renaissance worker, Ms. Mercier, and the added involvement of the ROMHC case manager, Mr. Su. Ms. Fonkwo does not plan to immediately return to engineering studies. Rather, she first intends to focus on having her immigration status dealt with. Ms. Fonkwo is in a better position than before, now that she benefits from supports which were not available in the first part of 2024.
[42]. Dr. Bourget confirmed having access to the file of the treating psychiatrist, Dr. Mitiku. Currently, Ms. Fonkwo’s long-acting injectable medication is managed by the Montfort Hospital. In addition, Ms. Fonkwo is provided with weekly meetings. For her part, Ms. Fonkwo has faithfully attended all sessions on time.
[43]. In the event Ms. Fonkwo is granted an absolute discharge, the ROMHC will liaise with the Montfort to ensure that services continue.
[44]. Dr. Bourget confirmed that the Ontario Children’s Aid society has had no real involvement. Ms. Fonkwo has been participating in counselling groups at the hospital, including “Healthy Lifestyles”. A new group will begin soon, in January 2025, with the view to helping Ms. Fonkwo with increased socialization.
[45]. Counsel for Ms. Fonkwo had no questions for Dr. Bourget.
[46]. Responding to questions from panel members, Dr. Bourget confirmed that Ms. Fonkwo has a good understanding of her illness and how it arose during the pregnancy. The psychiatrist advised, they are not sure of the exact etiology of last year’s psychosis. This could relate to the pregnancy or to other things. Dr. Bourget expressed confidence that Ms. Fonkwo will be following treatment recommendations provided by Dr. Mitiku and other available health professionals.
[47]. The hospital called no further evidence.
Evidence of Ms. Marielle Mercier, Mental Health Worker with Montfort Renaissance
[48]. Crown Counsel, Ms. Dufort, asked Ms. Mercier to testify. Ms. Mercier has been working with Ms. Fonkwo since April 2024. She presently sees her client every three weeks. Previously, their meetings were more frequent. Ms. Mercier’s role was to support Ms. Fonkwo while she was going through the legal process. She can now transfer the file to a colleague, should Ms. Fonkwo desire further support. Ms. Fonkwo still awaits news from the immigration authorities, which will take some time.
[49]. A panel member asked Ms. Mercier if they have received any reports at all of concern for the safety of the public. Ms. Mercier advised that nothing has come to their attention.
[50]. The parties presented no further evidence.
Submissions of the Parties
[51]. The hospital representative reaffirmed their position that Ms. Fonkwo does not present a significant threat to public safety.
[52]. Counsel appearing for the Attorney-General, Ms. Dufort, left it for the Board to decide on the evidence whether significant threat is present. Counsel referred to the several aspects of serious stress to which the patient is still exposed. Ms. Fonkwo may be at risk of receiving unfavourable news from immigration authorities. Her child is of a very young age, which presents its own set of special demands. Ms. Fonkwo is in the position where she wants to return to studies while it is not yet possible for her to do so.
[53]. On this basis, counsel submitted that Ms. Fonkwo remains at risk of suffering a possible future decline in her mental health. Counsel pointed out the now limited involvement of Ms. Mercier which will not necessarily continue. She and Ms. Fonkwo have not had recent contact since December 18, 2024.
[54]. Crown counsel concluded with the submission, that, should the Board find significant threat exists, we should consider discharging Ms. Fonkwo on conditions.
[55]. On behalf of her client, Ms. Lord agreed with the hospital’s position. Ms. Fonkwo’s case is being well managed. Ms. Fonkwo has never experienced any similar health event of this type in the past. She required a second hospitalization in May 2024. When the need for this arose, she and her family knew on their own how to deal with the situation and to seek help. Since late May 2024, there has been no reoccurrence.
[56]. Ms. Lord also had the Board note how her client had to endure several months while deprived of regular contact with her infant child. Moreover, in terms of Mr. Toussaint’s position, he has remained consistently supportive throughout the entire experience. At no time did Mr. Toussaint ever withdraw his consent for contact with his spouse.
[57]. Ms. Lord pointed out that while the issue of immigration status does present understandable stress, it has been ongoing for a long time. This aspect will not change. Now that mental health resources have been provided, Ms. Fonkwo has the tools and ability to manage those aspects of stress which continue to affect her.
[58]. Ms. Lord concluded her submission stating that, in view of Dr. Bourget’s formal risk assessment, with no identifiable risk factors documented, the only conclusion available to the Board is to grant her client an absolute discharge.
Conclusions and Disposition
[59]. We find that Ms. Gil Fonkwo does not present a significant risk to the safety of the community. We accept the evidence of Dr. Bourget on all points, and consider the following:
- The behaviours resulting in court involvement arose in exceptional circumstances. This was during a period of relatively short months when Ms. Fonkwo was not aware of her inability to control her behaviour. The deterioration in her mental state, while dramatic, was transitory. Ms. Fonkwo was able to access professional psychiatric intervention immediately. Once she did so, her condition resolved fairly quickly.
- Ms. Fonkwo now has quite good insight into her condition and the benefits of receiving treatment, with both medication and supportive measures, including counselling.
- Following initial psychiatric intervention at the Montfort Hospital, Ms. Fonkwo did not hesitate to seek further assistance when it was again needed. Her commitment to treatment and faithful collaboration with all involved mental health professionals has been consistent throughout up to this day.
- While one cannot completely predict the future, Ms. Fonkwo’s future trajectory, in all respects, appears positive. Elements of stress remain present in her life. However, these have been properly identified and are being well managed, given the reliable and steady sources of support she will continue to receive from her spouse, her family, and the combined resources of the Montfort and ROMHC treatment teams.
- It remains to be seen whether Ms. Fonkwo will experience a return of symptoms, whether spontaneously, or in the event of a possible second pregnancy. Should symptoms return, we believe that the tools and resources which are available outside the forensic system will be available and sufficient to assist Ms. Fonkwo and her family to keep her well and safe.
- We commend Ms. Fonkwo for her ongoing efforts and commitment to working with the caring mental health professionals who assist and support her.
[60]. For these reasons, the Board finds that Ms. Gil Fonkwo is entitled to be discharged without conditions. We wish Ms. Fonkwo and her family the very best.
[61]. By way of closing note, we would request that Dr. Bourget provide a copy of these Reasons
- in both official languages - to her counterparts at the Montfort Hospital.
[62]. We thank the parties and counsel for their assistance.
DATED this 11^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