Ontario Review Board
Re: Jeffrey B. Norman
ORB File No: 7306
Hearing held on: January 23, 2025
Place of hearing: Thunder Bay Regional Hospital
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg The Hon. E. Kruzick Members: Dr. S. Swaminath Dr. M. Green Mr. A. Mete
Parties Appearing:
Accused: Jeffrey B. Norman Counsel: Mr. T. Luscombe
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Mr. S. Down
REASONS FOR DISPOSITION
(Dated March 21, 2025)
Introduction:
[1]. Jeffrey B. Norman was found not criminally responsible (“NCR”) on February 14, 2018 on charges of prowling by night, being unlawfully in a dwelling house, and breaking and entering, all contrary to the Criminal Code of Canada (“Criminal Code”). Mr. Norman is subject to a Disposition of the Ontario Review Board (“the Board” or “ORB”) dated December 19, 2023, ordering his detention at the Forensic Unit of the Thunder Bay Regional Health Sciences Centre (“TBRHSC” or “the Hospital”), and granting him privileges, including living in the community in accommodation approved by the person in charge.
[2]. The Board convened a hearing at the Hospital on January 23, 2025, as required by section 672.81(1) of the Criminal Code, to review the Disposition. Counsel for the Attorney-General attended virtually by video conference from Kenora. Mr. Norman attended virtually by video conference from Dryden and was represented by his counsel, Mr. T. Luscombe, who also appeared virtually by video conference from Toronto. Pursuant to s. 672.5(8) of the Criminal Code, and on the request of Norman’s counsel, Mr. Luscombe was appointed Mr. Norman’s counsel.
Position of the Parties
[3]. The position of the Hospital was that Mr. Norman continued to represent a significant threat to public safety and the necessary and appropriate Disposition was a continuation of the Detention Order according to its current terms. Counsel for Mr. Norman reserved his position until hearing the evidence. Counsel for the Attorney General reserved his position pending hearing the evidence but indicated he would likely agree with the Hospital.
Issues to be determined
[4]. The questions for the Board were to determine whether the evidence established on a balance of probabilities that Mr. Norman continued to represent a significant threat to the safety of the public. If so, to determine the necessary and appropriate Disposition that was the least restrictive and onerous in the circumstances.
Findings
[5]. For Reasons that follow, the panel found that the threshold for significant threat is met and that the necessary and appropriate disposition is one detaining Mr. Norman on the same terms as set out in last year’s disposition.
Index Offences
[6]. The circumstances of the index offences are taken from last year’s Reasons for Disposition, dated January 9, 2024 as supplemented by details from the Hospital Report dated November 21, 2024.
[7]. The first index offence occurred in Dryden, Ontario. On January 6, 2017, Mr. Norman was observed checking out homes in the middle of the night. When approached by police while on the deck of a house he said he was just looking for a nice warm spot. He appeared to be under the influence of drugs. He told police that his head was not right and stated that he had smoked crack cocaine earlier. He was arrested and taken to the Dryden OPP detachment. He was then taken to hospital by ambulance as he appeared to be experiencing withdrawal symptoms. He was released by police on a Promise to Appear.
[8]. On January 30, 2017, Mr. Norman entered a home in Wainwright Township in the District of Kenora and called out, “Hello, hello.” He told the occupant, who was upstairs attending to her baby, that he was looking for “Chris”. The child’s mother had not heard knocking at the door or the doorbell ringing. She told Mr. Norman, who was unknown to her, that “Chris” lived next door. Mr. Norman then went next door to the residence of Kris Wood, an Ontario Provincial Police officer. He entered the garage and the residence, opening several doors. He attempted to light a fire in the basement wood stove even though the house was warm. He left a mess in the basement. The house smelled of a burnt odour and smoke was visible in the air.
[9]. When the officer returned home with his family, he found Mr. Norman near the lakefront behind the home. He did not immediately leave. The officer discovered the mess in the basement. Other officers attended and arrested him. When read his rights Mr. Norman was very confused, stating that his “brain is blocked”.
Criminal History
[10]. Mr. Norman has a history of failure to comply with recognizance in September 2006 and failure to comply with conditions of undertakings given by Officer in Charge in November 2029.
[11]. Filed as exhibits in this hearing were CPIC reports of November 2024 and December 2024 which detail Mr. Norman’s criminal history.
Current Diagnosis
[12]. The Hospital Report sets out the following current diagnosis:
Schizoaffective Disorder, Bipolar Type;
Cannabis Use Disorder (in remission);
Stimulant Use Disorder; and
Alcohol Use Disorder.
Background and History
[13]. Mr. Norman turned 52 years old at the time of the hearing. He was born in Labrador. His family moved to Northwestern Ontario when he was very young, eventually settling in the Dryden area where his father worked in forestry.
[14]. Since the NCR finding, Mr. Norman when not detained in the Hospital, resided either at the home of his mother which is outside the town of Dryden or in his trailer located on the same property. Mr. Norman has a son, Kyler (age 6 years at the date of the hearing). His mother has custody of Kyler so that they reside together.
[15]. Mr. Norman has a lengthy history of substance use which began in his teen years. He started taking various opiate-based painkillers in his 20’s due to back injuries suffered in car accidents.
[16]. Mr. Norman received a Conditional Discharge following his June 10, 2020 ORB hearing. Unfortunately, on February 20, 2021, he entered his mother’s residence while she was on the phone. He slapped and punched her in the face, held her down on a chair and started squeezing her throat. The person on the phone call contacted Mr. Norman’s brother, Darryl, who intervened. Mr. Norman assaulted and threatened his brother. When the police arrived Mr. Norman struggled upon arrest and was subdued by a taser. He was charged with assault (three counts), uttering threats, and resisting a peace officer.
[17]. Despite being asked to attend the hospital for assessment, Mr. Norman refused. His attending psychiatrist did not believe Mr. Norman met the criteria for involuntary admission under the Mental Health Act (MHA). At Mr. Norman’s annual hearing on June 9, 2021, the Board made a Detention Order, with the privilege of community living in approved accommodation.
[18]. Thereafter, Mr. Norman continued to live in his trailer in Dryden until he was admitted to TBRHSC from December 8, 2021 to January 20, 2022. The outstanding criminal charges arising from the assault of his mother and brother were stayed on June 21, 2021, for reasons that are not in the evidence.
[19]. In 2021 Mr. Norman started using cannabis and stopped taking his prescribed medication. Of his 19 submitted urine screens that year, 18 showed the presence of substances. Mr. Norman’s November, 2021 urine screens revealed no evidence of his prescribed medication.
[20]. Regular assessments by both his case manager and his psychiatrist revealed deterioration of Mr. Norman’s mental health. On December 7, 2021 family members brought Mr. Norman to the Emergency Department at the Dryden hospital, where he presented in an acutely psychotic state. The next day he was admitted to TBRHSC due to his condition and an elevated risk to public safety.
[21]. During the admission in 2021 Mr. Norman was declared incapable of consenting to psychiatric treatment and his mother became his substitute decision maker (“SDM”). His medication was switched to Risperidone, and he stabilized sufficiently to be returned home on January 20, 2022. From January 2022 to Mr. Norman’s ORB hearing in June 2022, there were no reports of hypomania, mania, psychosis or sustained depressive symptoms.
[22]. Throughout the summer and into the fall of 2022 Mr. Norman had a period of full compliance with his ORB disposition. He experienced mental health stability while living in the community. During this period Mr. Norman maintained weekly contact with his case manager by telephone and virtually via Ontario Telemedicine Network (“OTN”). He also attended monthly psychiatric assessments with Dr. Schubert via OTN.
[23]. Things were going well for Mr. Norman. He submitted urine drug samples on a weekly basis, which showed the presence of his prescribed medications and were negative for substances.
[24]. In early September 2022 Mr. Norman was hired at a lumber mill in Ignace, Ontario as a forklift operator. It was his first employment in some fifteen years. The employment required a one hour commute each way from Dryden. As a result, he said that he could not provide urine samples due to his work demands and did not do so until January of 2023. He lost his employment and began another job from which he was terminated. Mr. Norman has not been employed since then.
[25]. In November 2023, Mr. Norman’s mother expressed concerns about his mental health. and Mr. Norman’s presentation at the Hospital’s assessment by OTN were concerning. Mr. Norman appeared to be in hypomanic/manic state and admitted to non-compliance with his antipsychotic medication as well as using methamphetamines. He refused to provide urine samples. Because of the changed behaviors his community living was revoked, and Mr. Norman’s was admitted to the TBRHSC.
[26]. On November 23, 2023, Mr. Norman was brought to the TBRHSC by police. While in the Hospital he stabilized so that on December 12, 2023, he was discharged. He resumed living in the community in his trailer on his mother’s property.
[27]. On January 4, 2024 Mr. Norman suffered a myocardial infraction. Mr. Norman was initially hospitalized in Dryden and then brought to TBRHSC for a cardiac catheterization. He was subsequently transferred to the University Health Network –Toronto General Hospital where he had coronary artery bypass graft surgery. While recovering, Mr. Norman suffered a stroke. On January 27, 2024, he returned to the Dryden Hospital. His condition improved sufficiently so that he was discharged on February 2, 2024. Mr. Norman returned to living in his trailer.
[28]. During this reporting year, Mr. Norman informed his case manager that he uses crystal methamphetamine because he believes it to be helpful, and that he was continuing to take his prescribed medication. He was not providing regular urine samples for screening.
Evidence at the Hearing
[29]. Dr. Schubert, Mr. Norman’s treating psychiatrist, testified at the hearing. Dr. Schubert has been Mr. Norman’s treating psychiatrist for seven years. Dr. Schubert, who co-authored the Hospital Report, dated November 21, 2024, adopted its contents. The report was made an exhibit at this hearing.
[30]. The Hospital Report provides considerable information concerning Mr. Norman, his personal history, his mental health history, and Mr. Norman’s course in hospital and in the community. Dr. Schubert also provided an update given that the report was prepared some two months ago for a hearing that was subsequently adjourned to this hearing.
[31]. As summarized above in Mr. Norman’s ‘Background and History’, Dr. Schubert testified to Mr. Norman’s myocardial infraction in 2024 and his hospitalization until being discharged on February 2. 2024. Since then, Dr. Schubert testified that Mr. Norman continued to exhibit several concerning behavioural challenges.
[32]. Once back at home in the early part of this reporting year, Mr. Norman was not abiding by the terms of his ORB disposition. He was involved in another family dispute with this mother which gave her concern for her safety and his well-being. Mr. Norman’s mother, with whom the Hospital has a good rapport, was concerned about Mr. Norman’s mental health. She informed the Hospital team that he not taking his medication was once again deteriorating condition.
[33]. Mr. Norman was returned to the TBRHSC by the police on April 5, 2024. His time at the TBRHSC was brief. While in the care of the Hospital in April 2024, Mr. Norman stabilized quickly so that he was able to return to reside at this home in Dryden. He was discharged on April 26, 2024, and returned to the community. A ROL hearing held by the Board on September 10, 2024, found the restriction of Mr. Norman’s liberty during this reporting year was warranted, appropriate and the least restrictive in the circumstances.
[34]. Since May 2024 Mr. Norman has maintained weekly contact with this case manager who works from Kenora. He also has monthly Ontario OTN sessions with Dr. Schubert. Mr. Norman missed two scheduled sessions and explained he just forgot about them. The OTN sessions require him to travel from home to the Dryden Hospital.
[35]. Dr. Schubert testified that following Mr. Norman’s hospitalization in April 2024, he quickly attained his baseline. There have been no further signs of destabilization of his mental health even though he acknowledged ongoing substance use. Dr. Schubert testified that Mr. Norman continues to struggle with substance use. These are methamphetamines and non-prescribed opioids. Mr. Norman denies use of alcohol or cannabis.
[36]. Despite repeated encouragement to attend at the Dryden Clinic to submit urine samples for screening as prescribed by last year’s ORB disposition, Dr. Schubert testified that between April 26 and the date of the November Hospital Report, Mr. Norman only attended for 10 urine samples claiming he was “too busy” or had forgotten. Except for one of the samples (May 15, 2024) all the samples in this reporting year disclose the presence of morphine, methamphetamines, benzoylecgonine (cocaine metabolite).
[37]. Dr. Schubert opined that Mr. Norman’s conduct demonstrates very little insight into the effect that substance use has on his mental status. He also does not accept the potential ill-effects substance use poses to his physical health with his recent myocardial infraction and stroke.
[38]. The Forensic program has offered to help Mr. Norman with access to a substance use treatment program which Mr. Norman has declined. In the exchanges with his case manager Mr. Norman maintains he does not have the diagnosed mental illnesses and does not need the prescribed medication. This, too, demonstrates Mr. Norman’s poor insight into his mental health.
[39]. On a positive note, Dr. Schubert testified that since his last hospitalization in April 2024 Mr. Norman has had no contact with the police. Nonetheless, Dr. Schubert opined that given Mr. Norman’s serious mental health difficulties and his criminal history he poses a threat to the safety of the public. Dr. Schubert referred to Mr. Norman’s deterioration at the beginning of the year and his continued use of illicit substances. During this reporting year Mr. Norman’s family saw fit to call the Hospital with their concerns.
[40]. The urine samples which Mr. Norman provided this past year revealed use of morphine, methamphetamines, parafluorofentanyl (twice as potent as fentanyl), xylazine and benzoylecgonine (cocaine metabolite). Dr. Schubert expressed that Mr. Norman’s attitude to maintaining his medical appointments demonstrates Mr. Norman’s lack of insight into his serious mental illness and his physical health. In the context of Mr. Norman’s history of violence toward his mother and his brother, Dr. Schubert opined that Mr. Norman’s lack of concern poses a threat to the safety of the public.
[41]. The Schubert opined that, as happened in April of 2024, Mr. Norman may again deteriorate quickly requiring him to be brought into the Hospital quickly. Previous episodes of decompensation while in the community have been such that the Mental Health Act (“MHA”) would not suffice. Dr. Schubert forcefully opined that without a detention order and the oversight of the ORB, Mr. Norman puts the community and himself at serious risk. As a result, it was Dr. Schubert’s expert opinion that a detention disposition with no change to the current disposition is necessary and appropriate.
[42]. In response to a question from Mr. Down, counsel for the Attorney-General, Dr. Schubert stated that while Mr. Norman’s urine samples confirmed that Mr. Norman was adhering to his prescribed medication the samples also show Mr. Norman’s continued use of illicit substances.
[43]. When asked about how Mr. Norman was doing since his last ROL Hearing, held August 13, 2024, Dr. Schubert stated that Mr. Norman is doing better but that the risk to the safety of the public remains a serious concern.
[44]. In response to a question from Mr. Luscombe, Mr. Norman’s counsel, about Mr. Norman’s own efforts to get into a program with a psychologist or a counsellor in the community, Dr. Shubert indicated that neither he nor the hospital team were informed whom Mr. Norman may have contacted.
[45]. When asked by Mr. Luscombe about any changes in Mr. Norman’s prescribed medication, Dr. Schubert testified that there were no updates to the prescribed medication and referred to the list in the Hospital Report at pages 77 and 78. Dr. Schubert reiterated that Mr. Norman’s insight into the need for his prescribed medications is poor and that Mr. Norman does not believe he needs them. Mr. Norman says he takes the medications because they help him sleep. Related to the issue of insight, the concern that was Mr. Norman’s missing his appointments and not taking need for them seriously.
[46]. In response to Mr. Luscombe, Dr. Schubert acknowledged that with the oversight of Mr. Norman’s mother, and the oversight of the ORB, Mr. Norman is managing well.
[47]. When asked about the last psychological risk assessment of Mr. Norman, Dr. Schubert stated that the last one was in 2022, and the Hospital team will follow up with the advisability of an update.
[48]. In response to a question from the Board, Dr. Schubert stated that Mr. Norman’s physical health appears to be stable. Mr. Norman is monitored by a physician who reports no present concern. When questioned about monitoring Mr. Norman’s when he misses appointments with Dr. Schubert, Dr. Schubert stated that Mr. Norman’s mother is the Hospital’s contact person.
[49]. Regarding the Hospital’s communication with Mr. Norman, Dr. Schubert responded that while the system is place is not ideal it has worked well when Mr. Norman goes along with the program. The other safeguard is the local O.P.P. who visit Mr. Norman regularly and provide the Hospital with any concerning information.
[50]. In response to questions about Mr. Norman’s continued use of illicit substances Dr. Schubert confirmed it is concerning conduct and therefore is being monitored so that Mr. Norman provides regular urine samples. For these appointments, because Mr. Norman does not drive, he relies on his mother to take him into Dryden which is a 15 minute drive from their home.
[51]. No other evidence was called.
Submissions
[52]. The Hospital submitted that Mr. Norman remains a significant threat to the safety of the public. The Hospital submitted that a detention disposition with no change to the current terms is necessary and appropriate. On hearing the evidence, Counsel for the Attorney General agreed with the Hospital.
[53]. Other than seeking an order of appointment as counsel, Mr. Luscombe made no further submission and agreed with the submissions of the Hospital.
[54]. As a result, this was a joint submission.
Analysis
[55]. In the panel’s assessment of the evidence at this hearing, which we accept, bearing in mind the joint submission of counsel, we unanimously find that Mr. Norman remains a significant threat to the safety of the public within the meaning of s.672.5401 of the Criminal Code.
[56]. The Supreme Court of Canada, in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, at para. 62, referred to a significant threat as: “[A] real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to harm must be criminal in nature”. Justice McLachlin made it clear in Winko that the threshold of significant threat is a “relatively high” one. She said at para. 69, that “the phrase conjures a threat of threat to public safety of sufficient importance to justify depriving a person of his or her liberty”.
[57]. As directed by the Court of Appeal in Marchese (Re), 2018 ONCA 307, in its deliberation, the Board carefully considered Dr. Schubert’s evidence and the Hospital Report, which we accept satisfies the Board of this high threshold.
[58]. Although the index offences did not include actual violence or occasion physical harm, the conduct, involving as it did unlawful entry into private dwellings, had the potential to cause serious psychological harm. The conduct threatened personal security and safety in the homes of the victims. While not in the index offences, Mr. Norman’s aggression toward his mother and his brother was such that his mother was concerned for her safety. Mr. Norman’s mother’s most recent concerns led to Mr. Norman’s hospitalization in April of this year.
[59]. The panel accepts the expert opinion of Dr. Schubert opinion and diagnoses of Mr. Norman’s serious mental health and Mr. Norman’s lack of insight into his illness. We also accept the evidence that Mr. Norman does not appreciate the need for prescribed medication to manage his serious illness. Mr. Norman has in the past stopped taking his medication with consequence resulting in his decompensation.
[60]. As set out above, Dr. Schubert was also of the opinion that, given that Mr. Norman’s continued use of substances, Mr. Norman may deteriorate quickly, which would require him to be brought into the Hospital quickly. As was the case in April of 2024, we accept Dr. Schubert’s evidence that the MHA would be insufficient to protect the safety of the public. Without a detention order and the oversight of the ORB we accept the evidence that Mr. Norman places the community and himself at serious risk.
Disposition
[61]. Since the Board finds that Mr. Norman poses a significant threat, it must make a disposition for the forthcoming year. In doing so we must bear in mind the paramount consideration of the safety of the public and take into account the needs of Mr. Norman. On the evidence, the Board finds that detention on the same terms as last year’s disposition is necessary and appropriate in the circumstances. When considering what is necessary and appropriate our consideration included considering the least onerous and least restrictive while still protecting the safety of the public.
[62]. On the evidence, the panel has no difficulty in accepting the parties’ joint submission that the necessary and appropriate disposition is a Detention Order containing the same terms and conditions as found in last year’s Disposition.
[63]. In our opinion, with Mr. Norman’s residence in the community, should the need arise, the Hospital should have the authority to return him quickly to the Hospital to ensure safety to the public. We accept the opinion of Dr. Schubert that the MHA would not be sufficient to return Mr. Norman to the Hospital quickly.
[64]. While a Conditional Discharge was ordered in the past, on the evidence before us at this hearing, the Board is unanimous in our conclusion that such a Disposition is not a realistic option at this time.
Conclusion
[65]. To Mr. Norman’s credit, since his last hospitalization in April 2024, he has had no contact with the police. The Board is, however, concerned that Mr. Norman continues to use of harmful substances. The Board imports upon Mr. Norman the requirement to comply with the disposition of the ORB and to refrain from the use of intoxicants. In addition, he is urged to provide urine samples for testing and to maintain his appointments with his case worker and the Hospital Team as required. As such we wish him the very best in this reporting year.
[66]. In making this disposition the Board bears in mind the criteria set out in s. 672.54 of the Criminal Code including the paramount need to protect the public from dangerous persons, the mental health and condition of Mr. Norman including his integration into society and his other needs.
DATED this 21st day of March 2025, at the City of Toronto, in the Toronto Region.
Emile Kruzick Legal Member
Office of the Registrar Ontario Review Board