Shaun Ricardo Thomas-Campbell (Re), 2025 CanLII 23541

Ontario Review Board

Re: Shaun Ricardo Thomas-Campbell

ORB File No: 7796

Hearing held on: Tuesday, January 28, 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. J. Goldenberg Members: Dr. G.A. Chaimowitz Dr. K. Hand Ms. C. Finley Mr. S. Duffy

Parties Appearing:

Accused: Shaun Ricardo Thomas-Campbell Counsel: Ms. C. Claxton

The person in charge of hospital: Counsel: Ms. S.R. Zelaya

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DISPOSITION

(Dated March 20, 2025)

1. On November 5, 2020, Shaun Ricardo Thomas-Campbell was found not criminally responsible on charges of assault and sexual assault.

2. Mr. Thomas-Campbell is currently subject to a Disposition of the Ontario Review Board dated December 27, 2023, by which he was ordered to be detained “at the Forensic Service of the Centre for Addiction and Mental Health, Toronto” together with a number of prohibitions and privileges.

3. On Tuesday, January 28, 2025, the Ontario Review Board convened an in-person hearing at CAMH and conducted the annual review of Mr. Thomas-Campbell’s Disposition.

Position of the Parties

4. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board. Ms. Zelaya appeared for CAMH. She advised of the hospital position that Mr. Thomas-Campbell remains a significant threat to public safety and if the Board so finds, the hospital is asking that there be no change to the current Disposition, namely a Detention Order to the Forensic Service. In response to a question from the Alternate Chair as the hospital's recommendation should the Board determine its responsibility is to specify levels of security when making Detention Order Dispositions, Ms. Zelaya, after consulting with Dr. Woodside, advised the hospital would then be recommending a Detention Order on the General Forensic Unit at CAMH.

5. Mr. Feindel appeared for the Attorney General. He supported the hospital’s recommendation.

6. Ms. Claxton appeared for Mr. Thomas-Campbell. Ms. Claxton advised that she had a number of questions for the doctor but generally she and her client were in support of the hospital’s recommendation.

Index Offence

7. “On September 27, 2019 at 4 a.m., the accused attended a gym located in the City of Brampton. He did not have a membership. When he was asked to leave, he started causing a disturbance by yelling. When the complainant blocked him from entering the women’s change area, the accused pushed him 7-8 times. The accused then proceeded to pick up a female staff member and carry her inside the men’s change room. He placed her on a bench, sat beside her and stated, “I want you to suck my dick”. He then proceeded to kiss the victim on her cheek and grabbed her arm in an effort to prevent her from getting away from him. When the victim advised him she was going to call the police, he left the gym. He was arrested nearby.”

Evidence at Hearing

8. The Board admitted into evidence a Hospital Report dated December 5, 2024. The Hospital Report provides a great deal of information concerning Mr. Thomas-Campbell, his personal history, his mental health history, details of prior attendances at psychiatric hospitals, details of prior involvement with the criminal justice system including a conviction for assault in 2017, details of the current index offence and Mr. Thomas-Campbell’s course in hospital 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. We do note, however, the stated diagnoses of:

Schizophrenia Cannabis Use Disorder, moderate Amphetamine-type Substance Use Disorder Attention Deficits Hyperactivity Disorder.

9. In addition to the documentary evidence, the Board heard from Dr. Woodside. Dr. Woodside first provided the panel with updates to the Hospital Report. Mr. Thomas-Campbell recently had an overnight visit with his mother. The doctor noted that there are two further overnight visits that are being planned, one with Mr. Thomas-Campbell's godmother and then a second overnight visit with his mother.

10. The doctor noted a history of Mr. Thomas-Campbell being treated with clozapine. The doctor noted the reason the clinical team stopped treating Mr. Thomas-Campbell with clozapine, and said that thereafter there was a return of inappropriate and assaultive conduct. After discussions with Mr. Thomas-Campbell's mother, who is also the Substitute Decision Maker, it was determined to carefully reintroduce clozapine. Since the clozapine has been reintroduced, there has been a marked improvement in Mr. Thomas-Campbell's conduct and a marked reduction of any assaultive and inappropriate conduct.

11. The doctor also reported that Mr. Thomas-Campbell is on a waiting list for community accommodation. The doctor simply does not know when a bed will become available at a number of potential community residences. The doctor is hopeful that Mr. Thomas-Campbell could be placed in the community at some time over the next 12 months.

12. In response to questions from hospital counsel, Dr. Woodside stated his opinion and the opinion of the clinical team at the hospital that Mr. Thomas-Campbell remains a significant threat to public safety. The doctor noted the very high score on the PCL-R test and high scores on other instruments.

13. In addition, there is a history of aggressive conduct and a history of impulsive conduct.

14. The doctor and the clinical team also accept that the necessary and appropriate Disposition is a Detention Order. The hospital absolutely needs to be in a position to approve any community residence. We know, for example, that previous Boards and this Board finds that at this time any move to the community has to be in “supervised” accommodation.

15. The doctor noted that the hospital also needs to be in a position to return Mr. Thomas-Campbell to hospital at the earliest signs of any inappropriate conduct.

16. In response to questions from Ms. Claxton, Dr. Woodside acknowledged that Mr. Thomas-Campbell is currently enjoying level 8 privileges at CAMH which allow for overnight community passes. In a period of approximately 15 months Mr. Thomas-Campbell has gone from level 1 privileges to level 8 privileges.

17. Again, in response to questions from Ms. Claxton, Dr. Woodside acknowledged that Mr. Thomas-Campbell has been participating in programming although he declined to continue with one particular program.

18. The doctor agreed that Mr. Thomas-Campbell is adherent with his medication requirements.

19. The doctor explained at length difficulties in being able to place any patient in supervised accommodation but repeated his hope that Mr. Thomas-Campbell may be able to move into the community at some point over the next 12 months.

20. In response to questions from a panel member concerning the PCL-R information, Dr. Woodside acknowledged that the report does not give an actual score but spoke about “a percentage”.

21. Dr. Woodside believes that Mr. Thomas-Campbell has a good rapport with the clinical team.

22. In response to a question from another panel member, Dr. Woodside testified that if Mr. Thomas-Campbell were “left to his own devices and in a position to do so, he would most likely stop take any medication”.

23. In response to a question from another panel member, Dr. Woodside acknowledged that on a number of occasions Mr. Thomas-Campbell provided diluted samples of his urine.

24. No other evidence was heard at this hearing.

Final Submissions

25. The Alternate Chair asked for Ms. Claxton’s submissions given that she had not set out a position at the commencement of the hearing. Ms. Claxton advised that “she was joining with the hospital in their recommendation for a Detention Order with the terms set out in last year’s Disposition.”

26. Ms. Claxton stressed that her client has had a very good year. He has been compliant with his medication. He has a very good relationship with his family and with staff.

27. Ms. Zelaya and Mr. Feindel accepted as well that Mr. Thomas-Campbell remains a significant threat to public safety and that a Detention Order is both necessary and appropriate.

28. The panel is aware that Mr. Thomas-Campbell was transferred to a General Forensic Unit in June of 2023. The panel accepts the position put forward by Ms. Zelaya and Dr. Woodside that if the panel is to specify a level of security the hospital supports a Detention Order on a General Forensic Unit.

29. There was one other matter that the Board feels should be noted and addressed. Notwithstanding Mr. Thomas-Campbell’s good year and the joint submission of the parties that the Board adopts, there are some key issues that we have identified that need further investigation and consideration. We noted the elevated score on the test for psychopathy, indicative of psychopathy. Questioning of Dr. Woodside confirms that the accused score means he met criteria for psychopathy. However for next year we suggest needs to be (a) presented as a score (it wasn’t clear until questions were asked as to whether he met criteria for psychopathy, a significant risk factor) (b) if present psychopathy needs to be incorporated into the risk formulation. If his score is, in fact above 30, it has significant risk consequences and will likely add risk considerations over and beyond the risk associated with his psychosis. It may change the hospitals interpretation of the positive urine tests, although we note he has been given benefit of the doubt.

30. In addition, the issue of his sexually inappropriate behaviours before and after his sexual offending require investigation. These behaviours appear not to necessarily correlate with his psychosis and may (or may not) reflect a separate risk. If not done yet, this should warrant specific testing as a paraphilia may require a separate or an adjusted risk management score and plan. Taken together these two issues are red flags that require further consideration and reflection, and should be dealt with in the risk formulation that the hospital provides.

31. That having been said, the Board is still of the view the current recommended unchanged Disposition is the necessary and appropriate Disposition for this year. It is anticipated the Board will require further information of these two issues to addressing risk in the necessary and appropriate Disposition especially, if further loosening of his current Disposition is to be considered.

Conclusion

32. As noted above, the panel finds Mr. Thomas-Campbell to remain a significant threat to public safety and the panel finds a Detention Order at the General Forensic Service of CAMH together with the privileges and prohibitions set out in last year’s Disposition remain the least onerous and least restrictive Disposition consistent with public safety.

33. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Thomas-Campbell’s mental condition and his other needs, and Mr. Thomas-Campbell’s reintegration into society.

DATED this 20th 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