Ontario Review Board
Re: Connor Z. Cobbold
ORB File No: 8470
Hearing held on: Tuesday, February 11, 2025
Place of hearing: Brockville Mental Health Centre Via Zoom Videoconference
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks Members: Dr. R. Kunjukrishnan Dr. G. Stones Ms. K. Tomaszewski Mr. A. Mete
Parties Appearing:
Accused: Connor Z. Cobbold Counsel: Mr. D. Nugent
The person in charge of hospital: Representative: Dr. E. Carefoot
Attorney General of Ontario: Counsel: Ms. C. Breault
REASONS FOR DECISION AND DISPOSITION
(Dated March 17, 2025)
Introduction:
On January 19, 2024, Connor Z. Cobbold was found not criminally responsible by reason of mental disorder (“NCR”) on a charge of public mischief/false report, contrary to the Criminal Code of Canada ("Criminal Code").
Mr. Cobbold is currently subject to a Disposition of the Ontario Review Board (the “ORB” or “Board”) dated April 16, 2024, as amended by an Order of the ORB dated May 14, 2024, which orders him detained at the Rehabilitation 1, or Rehabilitation 2, or the Transition Unit of the Brockville Mental Health Centre (“BMHC” or the “hospital”), forthwith. This Disposition also provides Mr. Cobbold with a variety of discretionary privileges up to and including to live in the community of Brockville or Ottawa, in accommodation approved by the person in charge.
On August 23, 2024, the hospital advised the Board that:
“Mr. Cobbold was admitted under our Assessment & Stabilization Unit initially to accommodate his admission but since that time, we have been unable to transfer him to another unit as his condition has not yet stabilized sufficiently to allow transfer to a less secure unit.”
On October 21, 2024, Mr. Cobbold’s mental state had improved sufficiently to warrant his transfer to a less secure unit.
- The ORB advised that:
“Given Mr. Cobbold is currently being detained on a unit that is more secure than a unit specified in his disposition, the Board will convene an early hearing pursuant to section 672.92(1) of the Criminal Code.”
- On December 10, 2024, the hospital further advised that:
“Mr. Cobbold has been readmitted to the Assessment & Stabilization Unit [on December 9, 2024], on his request, due to deteriorating mental health and delusions. This letter is by way of informing you of such and to request a ROL hearing be rescheduled to address the wording of his current disposition.
On November 12, 2024, a hearing was convened to consider a restriction of Mr. Cobbold’s liberty from August 23 to October 21, 2024 (“ROL #1”). This hearing was adjourned.
On February 11, 2025, a panel of the ORB convened a hearing via Zoom videoconference at the hospital to review Mr. Cobbold’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. The panel also conducted a review of the period of increased restrictions on Mr. Cobbold’s liberty during ROL #1 pursuant to s. 672.81(2.1) of the Criminal Code.
The issues the Board considered were whether Mr. Cobbold continued to represent a significant threat to public safety, and if so, the necessary and appropriate Disposition. Further, the panel considered whether the restriction on Mr. Cobbold’s liberties during ROL #1 was necessary and appropriate as well as the least restrictive and least onerous intervention available to the hospital, both initially and throughout its duration.
For the reasons which follow, the Board found that Mr. Cobbold continues to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition is that he continues to be subject to his existing Detention Order but that his Disposition be amended to specify that he be detained in a Secure Forensic unit at the hospital. The Board also found that there was a significant restriction on the liberties of Mr. Cobbold during ROL #1 and that this was necessary and appropriate as well as the least restrictive and least onerous intervention in the circumstances, both initially and throughout its duration.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board. Counsel for the hospital submitted that the restriction of Mr. Cobbold’s liberty during ROL #1 was necessary and appropriate and the least onerous and least restrictive decision available to the hospital in the circumstances. The hospital’s counsel recommended that Mr. Cobbold continued to meet the threshold of posing a significant threat to public safety and advised that his existing Detention Order remained necessary and appropriate with one amendment thereto indicating that he be detained on a Secure Forensic unit at the hospital.
Crown counsel supported the hospital’s position in all respects.
Mr. Nugent submitted that Mr. Cobbold’s Disposition should remain as is, without amendment. With regard to ROL #1, Mr. Nugent advised that he was not taking issue with the restriction placed on his client’s liberties. He stated that his client simply wants to be released and to go home.
All parties maintained their respective initial positions in closing submissions.
Index Offences:
- The circumstances giving rise to the index offences are abstracted from the Board’s Reasons for Disposition dated May 14, 2024, as follows:
“According to the Crown Brief Synopsis, since February 2023, Mr. Cobbold attended Ottawa police stations, specifically at 211 Huntmar Drive and 474 Elgin Street, numerous times. Each time, Mr. Cobbold spoke to police officers, claiming that he committed criminal offenses. All of these reports were unfounded. He was warned several times against giving false statements, but continued making these statements. The Ottawa police service (OPS) have believed that Mr. Cobbold's mental health issues were "the driving force behind these interactions."
On April 21, 2023, Mr. Cobbold attended the Ottawa police station at 211 Huntmar Drive and reported several criminal offenses, including that he had possibly killed someone while "taking a hit off a bong" but could not articulate any other details about the event. He also said he believed he had sexually assaulted another child when he was young, but again could not provide any other specific details. When the police at that no further investigation would be conducted, he became verbally aggressive, saying that he wanted to go to jail as he did not have anywhere else to live. Therefore, the alleged offenses were believed to be falsified.
On June 17, 2023, Mr. Cobbold was verbally trespassed from the Ottawa police station at 211 15 of 26 Huntmar Drive. The following day at 8:40 PM, Mr. Cobbold again attended this location, and entered a prohibited area of the property. He again provided statements to police, which were found to be unfounded after investigation. He was arrested for trespassing, and charged with public mischief and breach of probation. A psychological assessment was requested.
On June 17, 2023, Mr. Cobbold was at the front desk of the police station, and wanted to report that he had committed thefts, which he wanted to report to the police. Two civilians in the station were becoming concerned about his behaviour. Mr. Cobbold was agitated while talking to OPS staff. The OPS staff feared for these in their safety, and alerted officer Desormeaux, who spoke with Mr. Cobbold. Mr. Cobbold was verbally aggressive and said the police were constantly following him. He also reported wanting to steal in order to get arrested. He was felt to be becoming a safety threat due to his aggressive behavior.
On June 18, 2023, Mr. Cobbold was near the staff entrance of the Ottawa clinic station at 211 Huntmar Drive, and walked toward a police officer with his arms in the air, stating that he needed to turn himself in. Mr. Cobbold reported having multiple criminal offenses to report, and that he needed to be arrested and brought to jail. He reported stealing many items from different stores including groceries, toys, etc., over the prior two years. He was not able to provide more specific details. When another officer mentioned that Mr. Cobbold had been trespassed the previous day for attempting to report similar offenses, Mr. Cobbold became verbally aggressive with the OPS staff, saying that he would commit further thefts in order to be arrested.
On June 18, 2023, Mr. Cobbold reported to police that he had been living on the streets around Kanata, as he was not welcome at either of his parents’ homes. He also reported that he had stayed at the shelters in downtown Ottawa, however he was scared to return as he believed that someone would kill him. He reported communicating with his mother through telepathy and being able to figure out certain things (examples and details not provided). During the conversation he was calm, and was not felt to be intoxicated on drugs or alcohol. Mr. Cobbold did not want to go to the hospital, saying that someone would kill him there as well”.
Personal Background:
- As the Hospital Report dated January 27, 2025 (the “Hospital Report”) was made an Exhibit in this hearing, it is not necessary to reproduce the information contained therein; however, we note Mr. Cobbold’s current diagnoses, as follows:
- Schizophrenia, treatment resistant;
- Cannabis Use Disorder, severe; and
- Alcohol Use Disorder, in remission in a controlled environment.
Evidence at the Hearing:
The Hospital’s evidence was presented by Dr. E. Carefoot who has been Mr. Cobbold’s psychiatrist since his admission. Dr. Carefoot co-authored the Hospital Report to the ORB and she endorsed the contents thereof and advised there were no significant updates.
With regard to ROL #1, the doctor advised that although Mr. Cobbold’s Disposition required that he be detained at the Rehabilitation 1, Rehabilitation 2, or the Transition Unit of the hospital “forthwith”, Mr. Cobbold had remained detained on the hospital’s Assessment & Stabilization unit (“ASU”) as his condition had not yet stabilized sufficiently to allow his transfer to a less secure unit. At the time, the team also had concerns that Mr. Cobbold presented with a heightened risk of absconding from the hospital. As a result, Mr. Cobbold remained on the ASU until October 21, 2024, when Mr. Cobbold’s mental state had improved sufficiently to warrant his transfer to Rehabilitation 1 (B4 North), a less secure unit. The doctor noted that even if a bed had been available on a less secure unit, Mr. Cobbold would not have been a candidate for transfer at that time given his clinical presentation.
In expanding on the inability of the hospital to detain Mr. Cobbold on a less secure unit as mandated by his ORB Disposition, the doctor advised that Mr. Cobbold was experiencing ongoing delusions and hallucinations that were resulting in him presenting with heightened irritability. The treatment team thought that his medications required optimization and that he needed a longer period for stabilization before he was a candidate for a transfer to a less secure unit.
According to the Hospital Report, the restriction of Mr. Cobbold’s liberties during ROL #1 “…was necessary and represented the least onerous and least restrictive means to safely address his level of risk at the time given his recent lack of compliance with mental health, medication’s, observed, irritability, lack of insight into the need for treatment, and concerns for elopement.”
Mr. Cobbold remained detained on Rehabilitation 1 unit until December 9, 2024. While detained on Rehabilitation 1, he progressed up the privilege ladder and he was able to exercise indirectly supervised hospital and grounds privileges for up to 60 minutes to a maximum of six times daily. In addition, he was able to access the community supervised by staff at a 1:4 ratio.
Mr. Cobbold continued to be closely observed by staff and he was noted to be responding to internal stimuli as well as expressing delusional content. Under his SDM’s consent, an attempt was made to optimize his treatment by adding Abilify.
In the days leading up to December 9, 2024, Mr. Cobbold’s mental health began to decline. He presented as increasingly irritable with staff and he continued to appear distracted by internal stimuli. On December 9, 2024, Mr. Cobbold advised staff that he had used cannabis on December 4, 2024 when utilising a hospital grounds pass, he reported that he left hospital grounds and purchased cannabis from a cannabis dispensary in town. He advised that he again used cannabis on December 5, 2024. According to the Hospital Report, Mr. Cobbold “… was quite paranoid and was discussing beliefs about persecution and targeting by the police in Ottawa.” He did not appear to appreciate that his cannabis use was in contravention of his ORB Disposition or that it was likely to have a negative impact on his mental health. In the evening of December 9, 2024, Mr. Cobbold approached staff and expressed his fear of a co-patient that he believed had threatened to stab him. He continued to express delusional content regarding thought control or insertion which he described as the “Linux system”. Mr. Cobbold requested that he be moved into a seclusion room on the south end of the unit as he stated he feared a particular co-patient. He was assessed at that time by the on-call physician and the decision was made to transfer Mr. Cobbold to an open quiet room on the south end of ASU, a more secure unit, as it allowed for increased therapeutic engagement and monitoring.
Dr. Carefoot assessed Mr. Cobbold on December 10, 2024, and he continued to request that he remain on the ASU. His treatment was augmented under his SDM’s consent by adding a long-acting injection (“LAI”) of Abilify Maintenna. His presentation improved and he no longer expressed any fear of harm by the co-patient and he denied thoughts of harming others.
Unfortunately, Mr. Cobbold’s mental health deteriorated again despite treatment with Abilify and Olanzapine. After consultation with his SDM, a trial of the antipsychotic medication Clozapine was started. This medication has been slowly titrated up and Mr. Cobbold appears to be tolerating it well. The Hospital Report indicates that to date, little improvement has been observed but the treatment team remains hopeful that as his dose is maintained at therapeutic levels, an improved response will be observed. The doctor stated that further gains are likely as his Clozapine continues to be increased. As he reached therapeutic levels of Clozapine, his Olanzapine will be titrated back with the plan to discontinue it. His LAI of Abilify may also be switched to Paliperidone once his Clozapine medication is optimized. The doctor stated that the team will continue to work with Mr. Cobbold’s SDM to optimize his medications.
Mr. Cobbold remained detained on the north end of the ASU until December 12, 2024. The doctor stated that Mr. Cobbold’s period of de-stabilization was likely triggered by his unauthorized use of cannabis on two occasions in the first week of December, 2024 when he left the hospital grounds and entered the community without authorization. The doctor noted that he is quite susceptible to mental decompensation, which can occur quite rapidly, when he uses cannabis.
Since December 12, 2024, Mr. Cobbold has been detained on B4 North in Rehabilitation 1. There have been no further incidents of significant concern. He has remained medication compliant and has not presented as a management problem.
Mr. Cobbold has recently agreed to meet with a substance abuse counsellor bi-weekly and this is positive step. He has met with her on two occasions to date over the past month. He also attended two Narcotics Anonymous meetings. He has refused treatment with anti-craving medication to assist with alcohol cravings. He has been encouraged to join a substance abuse group that will begin in April and the doctor stated that it is Mr. Cobbold’s decision whether or not he will attend. The doctor stated that Mr. Cobbold continuous to express very poor insight into the impact of substances on his mental state.
Since January 22, 2025, he has been able to access staff supervised (1:4) hospital grounds privileges. Over the past few weeks, Mr. Cobbold has been able to access indirectly supervised hospital grounds passes for up to 15 minutes for up to eight times daily. The duration of these will be gradually increased. All urine drug screens conducted have returned negative.
With regard to the hospital’s request to identify his detention within the Secure Forensic unit, this allows the hospital greater flexibility to place him in an appropriate unit based upon his clinical presentation and his active risk factors.
No further evidence was called by the parties.
Analysis and Decision:
ORB Disposition:
The Board accepts the evidence of Dr. Carefoot and the evidence contained in the Hospital Report and the additional documentary evidence before the panel. We accept the evidence that Mr. Cobbold suffers from a major mental illness and he continues to experience active symptoms of his illness. Additionally, he has little or no insight into that fact, nor does he have any insight with respect to his need for medication. Mr. Cobbold has historical risk factors of violence, antisocial behaviours, substance abuse, and challenges with treatment or supervision response. We are also mindful of the conclusion reached in the Hospital Report indicating that Mr. Cobbold has a “moderate risk for future violence and serious physical harm.” In light of all of these factors, we find that Mr. Cobbold continues to pose a significant threat to the safety of the public at this time. We note that this issue was not contested at the hearing. In reaching our conclusion of significant threat, we are also mindful of the decision of the Supreme court of Canada in Winko vs. Director of Forensic Psychiatric Institute, 1999 CanLII 694 (SCC), 135 CCC 3rd 129, and in particular paragraph 61 and the comment that perhaps the most important evidence on this issue is: “The recommendations provided by experts who have examined the NCR accused”.
With respect to arriving at the necessary and appropriate Disposition, the Board relies on the expert medical opinion of Dr. Carefoot. The only change to Mr. Cobbold’s existing Disposition is that it shall specify his detention within a Secure Forensic unit at the hospital. We note that any change in Mr. Cobbold’s liberty norm should he be transferred to a more secure unit with greater restrictions on his liberties will necessitate a restriction of liberty review to be conducted should the restriction continue for a period in excess of seven days.
Restriction of Liberties:
The analytical framework established by Campbell (Re), 2018 ONCA 140 requires the Board to consider the liberty norm and the liberty status of an accused on a restriction. The liberty norm and liberty status for each restriction must be examined to determine the significance of the increase (if any) on the restriction of an accused’s liberty caused by the restriction. In determining the liberty norm of an accused at the outset of each period of restriction, the Board must “take a contextual approach, one that considers the individual’s pattern of liberty in the recent past.” ((Re) Campbell, ibid at para. 66). The liberty she/he was actually experiencing (rather than what she/he was entitled to) at the time of the increase is what the Board is to consider, and that “liberty must be of sufficient duration to have become, objectively speaking, the NCR accused’s norm” ((Re) Campbell, supra at para. 65).
Pursuant to the decision of (Re) Campbell, the Board agreed that a restriction of liberty had taken place. The Board found that the restrictions of liberty imposed on Mr. Cobbold during ROL #1 represented the least onerous and least restrictive interventions in the circumstances. We find the restriction of Mr. Cobbold’s liberty throughout this time frame was warranted and necessary for public safety.
In reaching our Disposition and Decision, the Board carefully considered public safety, Mr. Cobbold’s mental condition, his integration into society and his other needs.
DATED this 17th day of March, 2025, at the City of Toronto, in the Toronto Region.
Ms. L. Banks Alternate Chairperson
Office of the Registrar Ontario Review Board