Ontario Review Board
Re: Gregory S. MacLean ORB File No: 5750/5983 Hearing held on: Tuesday, March 4, 2025 Place of hearing: Ontario Shores Centre for Mental Health Sciences, 700 Gordon Street, Whitby Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. W. Johnston, Dr. S. Wiseman, Ms. C. Murray, Mr. S. Duffy
Parties Appearing: Accused: Gregory S. MacLean Counsel: Ms. C. Francis
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated March 17, 2025)
[1]. On August 10, 2011, Gregory MacLean was found not criminally responsible on account of mental disorder, on charges of assaulting a peace officer. In addition, on September 26, 2011, Mr. MacLean was found not criminally responsible in respect of charges of mischief under $5,000 (x2) and failing to comply with a condition of an undertaking or recognizance (x2).
[2]. Mr. MacLean is currently subject to a Disposition of the Ontario Review Board dated April 5, 2024, by which he was ordered to be discharged subject to a number of conditions.
[3]. On Tuesday, March 4, 2025, the Ontario Review Board convened a hearing at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) and conducted the annual review of Mr. MacLean’s Disposition.
Position of the Parties
[4]. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
[5]. Mr. Dow appeared Ontario Shores. He advised of the hospital position that Mr. MacLean no longer represents a significant threat to public safety and that accordingly he is entitled to be discharged absolutely.
[6]. Ms. MacDonald appeared for the Attorney General. She indicated that she wished to hear the evidence before stating the position of the Crown.
[7]. Mr. MacLean was represented by Ms. Francis. Ms. Francis advised that she and her client support the Board granting an Absolute Discharge. We note that Mr. MacLean’s parents were in attendance at the hearing as well as a CMHA worker.
Evidence at Hearing:
[8]. The Board admitted into evidence the Hospital Report dated February 13, 2025. The Hospital Report provides a great deal of information concerning Mr. MacLean, his personal history, his mental health history, details of the index offences and Mr. MacLean’s course in hospital and in the community subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
[9]. In addition to the documentary evidence, the Board heard from Dr. Pallandi. Dr. Pallandi has known Mr. MacLean for more than 20 years. He is very familiar with Mr. MacLean and Mr. MacLean’s entire history. Dr. Pallandi accepts the contents of the Hospital Report and accepts the hospital recommendation that Mr. MacLean receive an Absolute Discharge. Dr. Pallandi noted that there is follow-up in place should the Board grant an Absolute Discharge.
[10]. Dr. Pallandi stressed how well Mr. MacLean has done over the last number of years. Since the past six months the hospital has reduced contact with Mr. MacLean to once per month. There have been no concerning incidents for a number of years.
[11]. Mr. MacLean lives in a supported unit in Oshawa. Mr. MacLean is being optimally treated and his current medication is very appropriate. Previously there had been some issues with side effects of medication. Mr. MacLean, however, is not suffering any side effects with this current medication. Dr. Pallandi described Mr. MacLean’s insight as very good. He is aware of his need for treatment. He is aware of what could happen if he were to go off treatment. Dr. Pallandi put it that Mr. MacLean’s insight is the best he has ever seen from this gentleman. Dr. Pallandi noted that Mr. MacLean’s parents are very supportive and the doctor is confident the parents will continue to support their son appropriately.
[12]. Dr. Pallandi confirmed that this recommendation is a unanimous one.
[13]. In response to questions from Ms. Francis, Dr. Pallandi confirmed that his patient’s relationship with his parents and with his girlfriend are very stable.
[14]. No other evidence was heard at this hearing.
Final Submissions:
[15]. At the conclusion of the evidence, Ms. MacDonald advised the Board that she agrees that Mr. MacLean no longer represents a significant threat to public safety and that accordingly he is entitled to receive an Absolute Discharge.
Findings of the Board:
[16]. The Board accepts without reservation the evidence of Dr. Pallandi and the evidence contained in the Hospital Report. In particular, we find that the unanimous opinion of the clinical team and the statutory party to this hearing, Ontario Shores, is justified. We accept that Mr. MacLean no longer represents a significant threat to public safety as that term is used in the jurisprudence. Accordingly, Mr. MacLean is entitled to an Absolute Discharge and we so order.
DATED this 17th day of March, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board