Re: Jonathan D. Lock
ORB File No: 7294
Hearing held on: Wednesday, February 5, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(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: Jonathan D. Lock Counsel: Mr. R. Sherman
The person in charge of hospital: Counsel: Ms. L. Senko
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated March 21, 2025)
Introduction
On January 17, 2018, Jonathan Lock was found not criminally responsible on account of mental disorder on charges of aggravated assault, assault causing bodily harm, and failing to comply with a probation order, all contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board), dated February 22, 2024, detaining him on the General Forensic Unit at the Centre for Addiction and Mental Health (CAMH/the hospital), with discretionary privileges up to and including the ability to reside in the community in approved accommodations.
On February 5, 2025, the Board convened a panel to conduct the annual review of Mr. Lock’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Lock was present and represented by his counsel, Mr. Sherman.
At the outset of the proceedings, all parties were canvased as to their positions on the issues to be determined by the Board: whether Mr. Lock continues to represent a significant threat to the safety of the pubic, 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. Lock continues to represent a significant threat to the safety of the public, and the necessary and appropriate disposition is a continuation of the current detention order. Mr. Coughlan, on behalf of the Ministry of the Attorney General, and Mr. Sherman concurred in the hospital’s positions. Thus, a joint recommendation was put before the panel.
Findings
- For the reasons that follow, the Board finds that Mr. Lock continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the same terms and conditions.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated January 20, 2025 (ex. 1), and the viva voce evidence of Mr. Lock’s treating psychiatrist, Dr. Woodside.
The Index Offences1
On May 24, 2017, the victim S and a colleague were crossing Eglinton Avenue at Yonge Street. Mr. Lock rushed past them and then struck S, smashing a wine bottle on the right side of his face, causing a laceration to his right ear. The victim was in shock and fell to the ground. The attack was unprovoked and no words were ever exchanged between the parties. The victim subsequently attended at the Sunnybrook hospital and was treated for a laceration to his right ear and multiple small abrasions to the right side of his face. He also had a small hematoma to his right eyebrow.
A short time later, the victim EH exited a store and was walking on Yonge Street while speaking on his cell phone. He heard a man scream “run”. The victim saw people on the street turn to look behind them but he did not do so because he was on the phone. As he continued walking north, he felt Mr. Lock come from behind him and scratch his neck. The victim turned around and pushed Mr. Lock’s arm away. Mr. Lock was still holding the stem of the broken wine bottle he had used to strike S. As in the previous assault, no words were exchanged between the victim EH and Mr. Lock prior to the attack.
Background Information
The Hospital Report contains information detailing Mr. Lock’s background and psychiatric history and need not be reviewed in detail beyond the following material facts. Mr. Lock is a 48-year-old man who currently resides in an apartment that is supported by the Canadian Mental Health Association (CMHA). Prior to his arrest in 2017, Mr. Lock had no fixed address and lived primarily in shelters. He is supported by the Ontario Disability Support Program (ODSP).
Mr. Lock exhibited problematic behaviour as a youth. He began stealing at the age 4 and progressed to serious theft by age 14 (break & enters & robberies). He reported being a part of a gang of kids who caused problems for the police from age 9 onwards, plus involvement in selling drugs. At the age of 14, he burned a van “to see what the fire looked like”. At 16, he began to carry a handgun.
For most of his adulthood, he worked in the food service industry. He recalled “changing jobs often” with his shortest job lasting three days, and his longest job lasting five years. He opined that his drug use has been the primary factor in his employment instability.
Mr. Lock reported that he started drinking at the age of 14 and incurred a conviction for impaired driving at the age of 18. Mr. Lock struggled with an addiction to cocaine for approximately 10 years, including use of powdered cocaine and crack cocaine. He also has a history of using ecstasy, marijuana, benzodiazepines, opiates and heroin. He has been involved in addiction rehabilitation programs, including inpatient treatment programs at Elliot Lake and the Rainbow Program at CAMH.
Mr. Lock has a significant criminal record that includes convictions for robbery, assaults, drug offences and failing to comply with court orders. He has accumulated more than 50 adult convictions.
Mr. Lock’s first psychiatric contact was in 2015 when he was prescribed antipsychotic medication while in jail. During his incarceration, he was diagnosed with substance-induced psychosis and ADHD. He was initially followed by an Assertive Community Treatment (ACT) team in Barrie before transitioning to the FOCUS ACT team at St Michael’s Hospital in Toronto.
During the year leading up to the index offence, Mr. Lock had a number of admissions to hospital. In February, March and May of 2017, he was brought to an emergency department by police due to exhibiting signs of psychosis. On each occasion a urine drug screen was positive for cocaine and either benzodiazepines or oxycodone. On at least one occasion he missed his injection of antipsychotic medication and required both chemical and physical restraints. Once he was stabilized he was discharged back to the community with follow-up care to be provided by his ACT team.
Following his NCR finding, Mr. Lock was admitted to CAMH where he remained until his discharge into the community in November 2020. Since that time, he has had a number of readmissions because of positive urine drug screen and a deterioration in his mental status.
Course Since the Last Disposition
Mr. Lock’s current diagnoses are Schizophrenia, Stimulant Use Disorder – severe and Antisocial Personality Traits, and Historical Diagnosis of Attention Deficit Hyperactivity Disorder (ADHD), not currently meeting diagnostic criteria.
This started off as being a difficult year for Mr. Lock. He was admitted to hospital from January 19, 2024 to April 4, 2024. He had failed to attend a scheduled appointment with his psychiatrist. He also missed his appointment for his medication. When interviewed by his case manager, he was noted to be showing signs of decompensation by way of grandiosity, irritability, paranoid and thought disordered and was quite difficult to follow. Mr. Lock denied using any substances notwithstanding several positive urine samples.
During the course of this admission, Mr. Lock participated in individual psychotherapy for substance use relapse prevention and consented to commence treatment with topiramate to reduce cravings associated with stimulant use.
Mr. Lock was discharged back to his apartment on April 4, 2024. Unfortunately, within two weeks, Mr. Lock relapsed into drug use. He was readmitted to hospital on April 18, 2024. He had failed to report to his treatment team and had a positive urine drug screen (UDS) for methamphetamines/amphetamine. His presentation was similar to how he presented in January. His treatment team determined that, given the multiple relapses and readmissions to hospital over the previous two years, Mr. Lock required a more structured substance misuse treatment program, preferably a residential treatment facility.
During his admission to hospital, Mr. Lock participated in two groups through Addiction Services, a relapse prevention group run on the forensic unit, as well as a weekly CMHA online group. In November 2024, he was accepted for a trial of day treatment run by the Salvation Army Harbour Light that lasted several weeks. Upon his successful completion of that program, Harbour Light confirmed Mr. Lock’s admission to their three-month residential treatment program. He was discharged on January 13, 2025.
Dr. Woodside testified before the Board. He indicated that all reports indicated that Mr. Lock has continued to do well at the Harbour Light program. Dr. Woodside gave a lot of credit to Mr. Lock for engaging with the treatment team and relapse programming and ultimately committing to the residential program.
It is anticipated that, upon the successful completion of the Harbour Light program, Mr. Lock will return to his CMHA housing. Dr. Woodside advised that there are no staff on site at this residence. Should Mr. Lock relapse, any future community placement would have to include on-site mental health staff who could supervise Mr. Lock’s medication and closely monitor his mental status.
Dr. Woodside testified that Mr. Lock is no longer taking topiramate. Mr. Lock complained that he experienced cognitive clouding, or brain fog, which is not uncommon. He reported that he no longer experienced cravings and he did not feel the need for the medication. He also indicated a willingness to resume taking the medication if his cravings returned.
In response to a question from Mr. Sherman, Dr. Woodside indicated that it was critical that the hospital remain able to intervene quickly if Mr. Lock were to relapse and decompensate. The team had previously admitted him to hospital before he became actively and floridly psychotic and posed an increased risk to the safety of the public.
All parties maintained the joint recommendation.
Analysis and Conclusion
- The panel carefully considered the Hospital Report and the evidence of Dr. Woodside and unanimously agrees with the joint submission. Mr. Lock has a long history of substance use that has led to medication noncompliance, both of which can easily exacerbate his schizophrenia. Mr. Lock also has a significant criminal record that includes multiple convictions for violence. The Hospital Report includes the following re-offence scenario, at p.31:
If Mr. Lock were to re-offend it would likely transpire in the following way. He would relapse with regards to substance use, likely cocaine or other stimulants with or without cannabis and alcohol which would lead to a rapid deterioration of his mental health. He would likely disengage from services and not comply with antipsychotic medication which would further exacerbate symptoms of psychosis. In the context of substance use and active psychosis he would likely act on his delusional beliefs and reoffend in a violent way akin to the index offence. He would misinterpret cues in his environment as threatening and most likely respond with violence. Factors that would increase Mr. Lock’s likelihood to relapse with substances would include inadequate supervision, psychosocial stress, environmental triggers and mental health decompensation.
Having found that Mr. Lock 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.
As noted above, one of Mr. Lock’s most significant risk factors is his problematic history of substance use. Notwithstanding significant programming and support from his treatment team, he has suffered multiple relapses. To his credit, since his last admission to hospital, Mr. Lock has demonstrated a commitment to address his problematic substance use. He is half-way through a residential treatment program and by all accounts he is engaged and doing well.
When Mr. Lock completes the Harbour Light program, the plan is for him to return to his apartment. However, should he suffer a relapse and associated deterioration in his mental status, the hospital requires the ability to respond quickly and admit him to hospital and further, when appropriate, discharge him to a residence that will provide the necessary supervision and oversight. As such the hospital requires the ability to intervene quickly, admit Mr. Lock to hospital and ultimately approve his accommodation in the community.
Accordingly, the panel unanimously finds that the necessary and appropriate disposition is a continuation of the current detention order. In arriving at this conclusion, the panel has considered the paramount factor of the safety of the public, Mr. Lock’s community reintegration, his mental condition, and his other needs as required by s. 672.5 of the Criminal Code.
DATED this 21st 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