Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. G. Eayrs Dr. M. Green Hon. E. Kruzick Mr. A. Mete

Parties Appearing:

Accused: Eric Angeconeb Counsel: Mr. U. Agostino

The Person in charge of Hospital: Representative: Ms. M. Davidson

Attorney General of Ontario: Counsel: Ms. S. Frenette

REASONS FOR DISPOSITION

(Dated March 21, 2025)

Introduction:

On October 27, 2020, Eric Angeconeb was found unfit to stand trial on charges of sexual assault and forcible confinement.
Mr. Angeconeb is currently subject to a Disposition of the Ontario Review Board dated February 8, 2024, which determined that Mr. Angeconeb was unfit and directed that he be detained at the Secure Forensic Unit of the Thunder Bay Regional Health Sciences Centre (TBRHSC) with a number of prohibitions and a number of privileges including the privilege of living in the community in supervised accommodations.
On Tuesday, January 21, 2024, the Ontario Review Board convened an in-person hearing at TBRHSC and conducted the annual review of Mr. Angeconeb’s disposition.

Position of the Parties:

The Alternate Chair noted that Mr. Angeconeb was not in attendance.
Mr. Agostino advised that he did meet with Mr. Angeconeb this morning. Mr. Angeconeb was aware of this hearing and his right to attend at this hearing, but that Mr. Angeconeb did not wish to attend or participate in any fashion at this hearing. Mr. Angeconeb did, however, give instructions to Mr. Agostino to act on his behalf at the hearing. Under those circumstances, the panel exercised its discretion pursuant to s. 672.5(10) and permitted Mr. Angeconeb to be excused from attending at this hearing.
Ms. Davidson appeared for the hospital. She advised of the hospital position that Mr. Angeconeb remains unfit to stand trial, and that the necessary and appropriate disposition is a continuation of the current disposition without any changes.
Ms. Frenette appeared for the Attorney General. She supported the hospital’s recommendation in its entirety.
Mr. Agostino advised that he concurred that his client is unfit to stand trial. Mr. Agostino advised, however, that he did not have any instructions with respect to the necessary and appropriate disposition.

Outstanding Charges:

The outstanding charges are described as follows:

Synopsis: On Wednesday October 9, 2019, at 4:33 PM OPP communications received a call from the victims common-law partner reporting that she had been sexually assaulted (raped) by two males Milton McWatch and Eric Angeconeb. At 5:51 PM Sr. Cst. Hanson from the Anishinabek Police attended the victim’s house located in Pic Mobert and obtained a digital recorded interview from her, which provided the following details:

In the early afternoon hours, the victim was at Eric Angeconeb’s house located at Pic Mobert first Nation consuming alcohol with Eric when Milton McWatch came to join the party. Both males then took the victim to the back bedroom in the house and she was forcibly held down by Eric while Milton sexually assaulted her vaginally and ejaculated inside her vagina then flipped the victim over onto her stomach holding her down forcibly when Eric sexually assaulted her anally and also ejaculated inside her anus. While Eric was doing this to the victim, Milton was licking her neck and legs. Milton told the victim not to say anything because he had done this to three other woman which he got off on the charges for. The victim ran out of the house, went to her brothers at the end of the street, and told her friend what had happened to her before going home to tell her common-law partner.

At 6:04PM ambulance attended and transported the victim to the Marathon hospital where a sexual assault kit was done by Dr. Sarah Newberry.

Evidence at Hearing:

The Board admitted into evidence the Hospital Report dated December 31, 2024. The Hospital Report provides a great deal of information concerning Mr. Angeconeb, his personal history, his mental health history, details of prior criminal convictions, and Mr. Angeconeb’s course in hospital subsequent to the date of the original court finding of unfitness. 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, major neurocognitive disorder - multiple etiologies, acquired brain injury (past history), and polysubstance abuse (past history). We also note that the evidence points to the occurrence of significant damage after the incident which produced the outstanding charges, and that the significant cognitive decline associated with this neurological damage is likely a significant factor rendering him unfit to stand trial.
In addition to the documentary evidence, the Board heard from Dr. Leinonen. Dr. Leinonen advised there was one update subsequent to the date of the Hospital Report. Dr. Leinonen met with Mr. Angeconeb yesterday in Mr. Angeconeb’s own room and attempted to conduct a fitness examination. The doctor asked Mr. Angeconeb if he had any outstanding criminal charges. Mr. Angeconeb responded by saying, “No.” Mr. Angeconeb then volunteered that “I did not kill anyone” and “I did not rape anyone.” The doctor asked Mr. Angeconeb about court personnel. Mr. Angeconeb was unable to answer that question. The doctor then asked Mr. Angeconeb again whether there are any outstanding charges and Mr. Angeconeb again replied, “No.” The doctor was unable to ask any more of the usual fitness questions.
We note the following from the Hospital Report:

As indicated earlier, Mr. Angeconeb’s cognitive deficits are severe. His memory is extremely poor. He is disoriented to time and place. For the most part he seems unaware of his surroundings, he can’t say where he is or why, and has seemingly no understanding with respect to the circumstances of his admission to hospital. When questioned, he generally indicates no awareness or understanding of his criminal charge, or of the ORB process.

Dr. Leinonen noted that Mr. Angeconeb requires a great deal of support with his activities of daily living, including his personal care. Mr. Angeconeb will require 24 hours of care in hospital or in any future residence.
Mr. Angeconeb continues to get agitated regularly, especially when staff members are seeking to help with his needs.
In response to questions from Mr. Agostino, Dr. Leinonen answered that it is “most likely” that Mr. Angeconeb is permanently unfit. In response to questions from a panel member, Dr. Leinonen advised that Mr. Angeconeb does not qualify for any support from Developmental Services Ontario.
A member asked questions about any potential community residence. Ms. Davidson assisted by advising that Mr. Angeconeb might be appropriately housed in a new facility known as DD TRHP. Ms. Davidson believes that Mr. Angeconeb would be “top of the list” for placement in that facility when it opens.
No other evidence was heard at the hearing.
Mr. Agostino, however, advised that the Crown made out a prima facie case on October 8, 2024.

Final Submissions:

Ms. Davidson and Ms. Frenette maintained their original position, as did Mr. Agostino.

Findings of the Board:

The Board accepts the evidence of Dr. Leinonen and the evidence contained in the Hospital Report. We note that this gentleman was found unfit by the court on October 27, 2020. We note that at every subsequent hearing before the Review Board, Mr. Angeconeb has been found unfit to stand trial. We accept the doctor’s evidence that Mr. Angeconeb remains unfit to stand trial.
We also accept the hospital position that the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms set out in last year’s disposition.
This panel hopes that when the new facility is completed, Mr. Angeconeb be transferred to that facility. At the present time, however, detention at the Forensic Unit at Thunder Bay is both necessary and appropriate. Accordingly, we will continue with the disposition with the exact terms set out in last year’s disposition with the knowledge that it provides that Mr. Angeconeb may live in the community “in supervised accommodation approved by the person in charge.”
In reaching our disposition, the Board has taken into consideration the safety of the public, Mr. Angeconeb’s mental condition, his other needs, and his potential reintegration into society.

DATED this 21st day of March 2025, at the City of Toronto, in the Toronto Region.

Mr. Joel Goldenberg Alternate Chairperson

Office of the Registrar Ontario Review Board

Re: Eric Angeconeb, 2025 CanLII 23545

Case Summary