Re William Badinszky, 2025 CanLII 23558

Re: William Badinszky

ORB File No: 7800

Hearing held on: Wednesday, January 15, 2025

Place of hearing: North Bay Regional Health Centre – North Bay Site

Pursuant to: Sections 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. J. Watts

Dr. P. Wright

Ms. L. Banks

Mr. J. Cyr

Parties Appearing:

Accused: William Badinszky

Counsel: Mr. A. Schieck

The person in charge of hospital: Counsel: Mr. P. Trenker

Attorney General of Ontario: Counsel: Mr. P. Lambert-Belanger

REASONS FOR DISPOSITION

(Dated March 19, 2025)

Introduction:

1. On November 10, 2020, William Badinszky was found not criminally responsible on account of mental disorder (“NCR”) on one count of break and enter, one count of assault causing bodily harm, and one count of aggravated assault, all contrary to the Criminal Code of Canada (the “Criminal Code”). Since that time, Mr. Badinszky has been subject to Dispositions of the Ontario Review Board (“ORB” or the “Board”), most recently a Disposition dated January 24, 2024, pursuant to which he is ordered detained at the Forensic Programs, North Bay Regional Health Centre (“North Bay RHC” or the “hospital”). His Disposition contains a variety of terms and conditions, including privileges up to living in the catchment area of the North Bay RNC, in accommodation approved by the person in charge.

2. On January 15, 2025, a panel of the ORB convened a hearing at the hospital to conduct an annual review of Mr. Badinszky’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Badinszky was present at the hearing and was represented by his counsel, Mr. Schieck.

3. The Board had to decide whether Mr. Badinszky continued to pose a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.

4. For the reasons set out below, this Board finds the test for significant threat continues to be met and that the necessary and appropriate Disposition under the circumstances is that Mr. Badinszky continue to be subject to the terms of his existing Detention Order on the same terms and conditions as are set forth in his existing Disposition with one amendment as follows:

“4. e) while living in the community, report to the person in charge of the North Bay Regional Health Centre - North Bay site, or his or her designate, as required”.

Positions of the Parties:

5. At the commencement of the hearing, all parties were canvassed as to their positions regarding Disposition recommendations. The hospital’s representative submitted that Mr. Badinszky continued to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition was a continuation of his existing Detention Order with one amendment as follows:

“4. e) while living in the community, report to the person in charge of the North Bay Regional Health Centre - North Bay site, or his or her designate, as required”.

6. Counsel on behalf of the Attorney General of Ontario supported the hospital’s Disposition recommendations.

7. Mr. Schieck indicated that he conceded the issue of significant threat but that his client was requesting a Conditional Discharge with terms to specify he “reside where directed” together with reporting requirements. He commented that his client wishes to return to his home at 1253 Main St., Whitefish Falls, ON.

8. All parties maintained their respective initial recommendations to the Board in closing submissions.

Index Offences:

9. The index offences are set out in last year’s Reasons for Disposition dated March 7, 2024, and are summarized and edited as follows:

“COUNT 1 - BREAK, ENTER A PLACE • COMMIT INDICTABLE OFFENCE

CC 348(1)(b)

On July 21, 2020, William BADINSZKY attended 1014 Lester Street[sic], Whitefish Falls, ON. He entered the residence, owned by Lori Anne Cywink, by smashing the screen door window and proceeded to strike Ms. Cywink in the head and arm with a steel five-pound mallet at the side door of the residence as she came to investigate. He then followed her outside of the residence where he met Vera Paibomsai and struck her on the head with the steel mallet.

William BADINSZKY is charged with Break, Enter a Place • Commit Indictable Offence contrary to section 348(1)(b).

COUNT 2· ASSAULT CAUSE BODILY HARM CC 267(b)

On July 21, 2020, William BADINSZKY attended 1014 Lester street[sic], Whitefish Falls, ON. He forcefully entered the residence and met Lori Anne Cywink at her side door. BADINSZKY swung at her with a steel five-pound mallet, striking her in the head causing her to bleed and fall to the ground. BADINSZKY kept swinging at her, fracturing her left arm. Cywink was able to get to safety. Cywink received[sic] four staples to close the wound to her head and her arm was fractured and casted.

William BADINSZKY is charged with Assault Cause Bodily contrary to section 267(b) of the Criminal Code of Canada.

COUNT 5 ·ASSAULT WITH A WEAPON CC 267(a)

On July 21, 2020, William BADINSZKY attended 1014 Lester street[sic], Whitefish Falls ON. BADINSZKY met Vera Paibomsai in the backyard and struck her in the head with a five-pound steel mallet causing her to fall to the ground and bleed from the head. Ms. Paibomsai recieved[sic] six staples to close the wound to her head.

William BADINSZKY is charged with Assault Cause Bodily contrary to section 267(a) of the Criminal Code of Canada.

Officers located Willam[sic] BADINSZKY at this residence and he was. taken into custody without incident. BADINSZKY. was given his rights to counsel and caution to which he indicted verbally that he understood and declined legal counsel. BADSINSZKY[sic] was transported to the Espanola OPP Detachment where he was lodged.

As a result of the investigation BADINSZKY is charged with Assault CBH x2, Assault with a weapon x2 and Break and enter. BADINSZKY is to be held for a bail hearing.”

10. Mr. Badinszky’s account of the index offences is set out in detail in the Hospital Report. It is noted that at that time, he was smoking three to four grams of marijuana per day. In his interview with the police after committing the index offences, Mr. Badinszky admitted that he took a hammer with him to attack Larry and that he felt compelled to obey the commands he was experiencing.

Personal Background:

11. The Hospital Report dated December 4, 2024 (the “Hospital Report”) sets out in great detail information about Mr. Badinszky’s personal history and course in the hospital subsequent to the index offences and need not be repeated here as the Hospital Report was made an exhibit at the hearing. Briefly stated, Mr. Badinszky was 55 years of age at the time of the hearing.

12. The index offences were committed when Mr. Badinszky was psychotic. Marijuana contributed to his decompensation and led to increased psychotic symptoms.

13. He has a lengthy history of hospitalizations in psychiatric facilities, due to mental illness. From 2012 to date, he was hospitalized annually at various facilities, including HSN in Sudbury, Mount Sinai Hospital, St. Joseph’s Health Centre and Michael Garron Hospital in Toronto as well as White Horse General Hospital when he was residing in western Canada.

14. He attempted suicide in 2012, taking an overdose of Loxapine. At that time, it was reported that he often consumed significant amounts of marijuana and alcohol when unwell. He first smoked hashish at the age of 15. He has used cocaine and crystal methamphetamine but denies regular use.

15. In his mid 30s, he began smoking marijuana, daily, for months or years, smoking up to four grams per day. Prior to the index offences, he smoked every day if he could obtain it. Once marijuana was legalized, he began growing his own. He confirmed that he was using several grams of marijuana per day in the month leading up to the index offences.

16. The heavy use of marijuana coincided with the cyclical or seasonal feature of his illness. He has acknowledged that marijuana use had deleterious effects on his mental state. Nonetheless, he has never attended substance abuse programming, or treatment, nor detoxification.

17. Although he quit high school at age 17, in his early 30s, he completed a 4-year carpentry program. He went on to complete the apprenticeship and achieved Red Seal Certification. He later studied mechanical engineering in Scarborough but switched to a Computer Assisted Drafting course. He did not complete the course.

18. Mr. Badinszky has a significant work history. He was employed as a carpet cleaner, a landscaper, and as a desktop publisher for the Canadian Broadcast Corporation. In Florida, he was employed as a roofer. While in Florida, he was unfortunately electrocuted by a high voltage wire and suffered significant burns to his feet, which required skin grafts.

19. He moved to British Columbia where he completed the carpentry apprenticeship and worked in a small town in Northern British Columbia for approximately 12 years. Up to that point, he had only been prescribed antidepressants and no anti-psychotic medications.

20. In the mid 2010s, he moved to a small community in Northern Ontario, Whitefish Falls. He was living there in the home he purchased at the time of the index offences.

21. Prior to the index offences, he had no criminal record.

Current Diagnoses:

22. Mr. Badinszky’s current diagnoses include:

Schizoaffective Disorder - Bipolar Type; and

Cannabis Use Disorder, Severe, in sustained remission.

Evidence at the Hearing

23. Dr. S. Le, Mr. Badinszky’s attending forensic psychiatrist since September 2024, gave evidence at the hearing to supplement the documentary evidence before the Board. She endorsed the contents of the Hospital Report and advised there were no material updates thereto.

24. Mr. Badinszky is assessed as capable to consent to psychiatric treatment. He is treated with a long-acting intramuscular injection (“LAI”) of antipsychotic medication, Paliperidone Palmitate, which he receives every 28 days. He has been adherent to medications and does not report any side effects. His mental status has been stable throughout the course of the past reporting period and no psychotic or mood symptoms have been observed.

25. The Hospital Report indicates that Dr. Le has recently spoken to Mr. Badinszky about the potential benefit of having a PRN oral Paliperidone medication available to him to manage any exacerbation of symptoms he might experience when facing increased stressors, particularly when spending time alone at his home. Initially, Mr. Badinszky was not receptive to this suggestion but Dr. Le stated that in the past month, he has been receptive to same.

26. Currently, Mr. Badinszky resides at Maplewood House, a Transitional Rehabilitation Housing Program (“TRHP”) in North Bay. Maplewood House has four bedrooms in each semi-detached home. The home is staffed by members of the forensic outreach program of the hospital (“FOP”), 12 hours per day, six days per week, and provides a supportive environment for residents to develop life skills as they transition towards independent living.

27. There have been no notable incidents to report since Mr. Badinszky has transitioned to community living on September 6, 2022, and he has not posed a management concern in the community. He has remained compliant with his prescribed medication and he has remained abstinent from substances.

28. Unfortunately, he continues to be minimally engaged in any meaningful therapeutic activities or recreational outings. He prefers solitary activities and does not have much insight into the need to actively participate in his recovery and rehabilitation. Although he will participate in the many staff-organized activities, including walking group, gardening group and strawberry picking, Mr. Badinszky generally does not actively participate in group outings or activities.

29. At Maplewood House, there is an expectation that residents of the program participate in an outing or activity outside the home for a minimum of one hour daily. Mr. Badinszky has struggled to meet this expectation at various times over the past year; however, more recently, he has been going out for a coffee on a near daily basis. He has also gone out of his residence to visit at the Humane Society, attend at the local library, or visit with another forensic patient for social interaction. The treatment team continues to have concerns about Mr. Badinszky’s tendency to social isolate, particularly if in the context of his transition to living alone in Whitefish Falls. The doctor noted that Mr. Badinszky lied once about his attendance at the Humane Society because he did not want to get into trouble or be readmitted to hospital as a consequence of his failure to follow his approved itinerary. Dr. Le stated that the team has related concerns that Mr. Badinszky might choose not to be forthcoming about his symptom load as he might fear the response of the treatment team imposing any potential restriction on his liberty, including a readmission to the hospital.

30. A main focus over the past reporting year has been to assess the viability of Mr. Badinszky reintegrating back to his remote home community in Whitefish Falls. This community is approximately 220 kilometres away from North Bay. This is where he was residing at the time of the index offences. The victims of the index offences were his neighbours. Whitefish Falls is a small community and the combined population of Whitefish Falls and its neighbouring community is approximately 300 people. Local community mental health supports, which are limited, are based out of a neighbouring town, Espanola, which is a 20-minute car drive away. Without a vehicle, Mr. Badinszky would be isolated to his home.

31. According to the Hospital Report, “Mr. Badinszky’s reintegration to his home community has required close monitoring and a comprehensive risk mitigation plan. Risk considerations include but are not limited to: social isolation, proximity to the victims of the index offence, and the remote location of his home as the limited mental health support services and emergency services in the area are approximately 20 minutes away.”

32. The process of reintegrating Mr. Badinszky into his home community in Whitefish Falls continued over the past reporting year. Beginning in March 2023, he attended at his home in the company of two staff members, on a near monthly basis. Over time, he was allowed to spend increasing periods of time alone at his home, indirectly supervised. Initially, FOP staff would provide transportation to his home and remain in the area while Mr. Badinszky was alone at his residence. They would accompany him back to his residence in North Bay. By late summer 2024, Mr. Badinszky progressed to managing his own transportation back to North Bay via Greyhound bus, in order to permit greater length of time spent at his home.

33. On October 15, 2024, Mr. Badinszky spent his first night alone in his home in Whitefish Falls while FOP staff were in a hotel nearby. Staff have observed that there have been no encounters with any neighbours or community members since Mr. Badinszky began his process of reintegrating into the community. Dr. Le advised that Mr. Badinszky does not have any social supports in Whitefish Falls. He mostly attends to home repairs on his visits there. The FOP team is investigating possible activities he might become engaged in when living there. Team members have discussed areas of possible interest, such as gardening, as this was an activity that he used to enjoy. Mr. Badinszky also enjoys poetry and he is considering attending a North Bay library group remotely as he has been attending in-person at the library in North Bay. The doctor would also like to see Mr. Badinszky engaging in regular therapy sessions, remotely. Mr. Badinszky has also mentioned getting involved in some physical activities, such as pickleball. These opportunities continue to be explored and the team will closely monitor his actual level of engagement.

34. From November 8 to 10, 2024, Mr. Badinszky had his first successful trip to his home, indirectly supervised. He independently managed his transportation to and from Whitefish Falls independently via Greyhound bus and taxi. Subsequent trips: from November 22 to 24, 2024, from December 6 to 10, 2024, and from December 23 to 27, 2024, all went without incident. Leaves of absence to his home have been extended in duration as FOP team members closely monitor both Mr. Badinszky’s clinical status, and the response of the community to his return. When possible, Mr. Badinszky’s mother has been assisting financially in paying transportation costs.

35. To date, in the graduated discharge process, Mr. Badinszky has been responsible in adhering to all arranged phone check-ins. At the present time, the plan is that he will soon be going on a two-week independent LOA to his home. The long-term goal is to fully transition Mr. Badinszky from Maplewood House back to his home in Whitefish Falls over the next few months provided he continues to stay on his current positive trajectory. As stated, the team would like to see evidence that Mr. Badinszky makes real efforts to engage in some community activities and that he connects with the mental health clinic in Espanola before he is fully discharged.

36. Once he is discharged to his home community, there will be weekly virtual contact with the FOP team. The frequency of such contact will be adjusted based on his clinical presentation, on an as-needed basis. As well, there will be in-person visits, particularly in the early months following his discharge. There is a mental health clinic in Espanola and he will receive his LAI injection there monthly. Urine drug screen testing would be able to be conducted on in-person visits. These screens would be harder to administer on a random basis because of the distance of his residence in Whitefish Falls to the hospital.

37. If he were to stop his LAI, the doctor stated that he would be likely to decompensate rapidly and therefore, she recommends that he remain under a Warrant of Committal under a Detention Order. The doctor stated that the Mental Health Act would be insufficient to manage him safely in the community at the present time. Historically, immediately prior to the index offences, Mr. Badinszky was medication compliant, under a Community Treatment Order, but he suffered a rapid decompensation and acted out with serious violence. It is not certain that Mr. Badinszky would recognize emerging symptoms and this is an area that Dr. Le and the team will continue to assist him with. Further, Dr. Le stated that she is not confident that he would be cooperative in a voluntary return to the hospital, if requested to the hospital. The doctor has concerns about potential cooperation with the team, particularly in the context of experiencing a decompensation, as Mr. Badinszky has been focused on remaining in the community and not being readmitted to the hospital. The doctor commented that these are still rather early days in the establishment of their therapeutic relationship and she considers that there is still much room to further develop an improved level of trust between them.

38. In response to questions posed, the doctor noted that in the past, Mr. Badinszky decompensated within a matter of days but she noted that he was also using cannabis at that time. Of note, the doctor commented that Mr. Badinszky has not used cannabis since being under the Board’s jurisdiction. He last tested positive for cannabis or any intoxicant use at the time of the index offences.

39. Dr. Le stated that the key risk management tool under a Detention Order in Mr. Badinszky’s case is the hospital’s ability to effect his prompt return to the hospital for readmission should he suffer a decompensation in his mental state, a relapse to substance use, or otherwise. The doctor also noted that under a Conditional Discharge, Mr. Badinszky would have to continue to meet MHA criteria for involuntary admission in order for him to be maintained in the hospital should the clinical team think that he requires a prolonged admission. Th doctor also indicated that with a Conditional Discharge, Mr. Badinszky would have to be immediately discharged once he no longer met criteria for an involuntary hospitalization whereas under a Detention Order, he could be discharged on a gradual basis, which might be clinically warranted. Finally, the doctor confirmed that whether managed under a Conditional Discharge or a Detention Order, Mr. Badinszky would be able to receive the same level of forensic supports.

40. When addressing the issue of significant threat, Dr. Le endorsed the findings of the Hospital Report identifying Mr. Badinszky’s risk factors as follows:

• “Mr. Badinszky suffers from a major mental illness, that of Schizoaffective Disorder, Bipolar Type. When unwell, the manifestations of his illness include auditory (at times command) hallucinations, as well as thought insertion, delusions, paranoia, impaired insight, and agitation. At times, this disorder has led to more severe complications; for example, following the index offence, Mr. Badinszky was diagnosed with catatonia and required hospitalization and intravenous fluid support as he was not eating or drinking;

• Mr. Badinszky has a long-standing history of mental illness with onset in late adolescence. He has required multiple hospitalizations. His illness has had a negative effect on previous relationships, and has had an impact on his ability to maintain employment;

• He has a history of medication non-compliance;

• The index offence was unprovoked, violent, and involved a weapon;

• Mr. Badinszky has been diagnosed with Cannabis Use Disorder. His history includes daily chronic cannabis use, which is likely to have significantly contributed to the exacerbation of his illness;

• Mr. Badinszky has minimal family and social support. Although his mother is highly supportive, she currently resides out of country. Mr. Badinszky was not engaged in a routine of prosocial leisure activities to provide structure to his day when residing in the community. He has a significant history of self-isolation and limited social contact with others. He has continued to be socially isolated despite the regular encouragement and engagement of his forensic community care team;

• Mr. Badinszky’s home community of Whitefish Falls is isolated and offers little in the form of social or professional support services;

• Mr. Badinszky has had a previous suicide attempt in 2012 by attempting to overdose on prescribed antipsychotic medication. He did not suffer any negative effects and did not seek medical treatment; and

• Even with management under a Community Treatment Order (“CTO”), which saw to his medication compliance and involvement with a community support agency, Mr. Badinszky experienced a significant decompensation of his mental status resulting in bizarre and aggressive behaviour at the time of the index offence. This speaks to the need for a higher level of support and supervision than what is afforded within the civil mental health system.”

41. Risk-reducing factors in Mr. Badinszky’s favour are: he does not have a criminal record preceding the index offences; he has good insight into his mental illness, the need for treatment, and the importance of abstinence from cannabis use; and he has successfully transitioned to living in the community in staff-supervised housing.

42. According to the Risk Assessment contained in the Hospital Report, “In considering the PCL-R:2, VRAG-R, and HCR-20V3, historical, and protective factors, it is our current opinion that his risk for Future Violence is Low (given all the supports in place), his risk for serious physical harm (i.e. severity of the violence) is high and his risk for imminent violence is low.”

43. No further evidence was called by the parties.

Analysis and Conclusions:

44. The Board has considered the Hospital Report, the evidence of Dr. Le, and the submissions of the parties, and finds that Mr. Badinszky continues to represent a significant threat to the safety of the public. We note that this issue was not in dispute at the hearing. Mr. Badinszky suffers from Schizoaffective Disorder- Bipolar Type and Cannabis Use Disorder. When he is unwell, the symptoms of his illness include auditory and, at times, command hallucinations, thought insertion, delusions, paranoia, impaired insight and agitation. The index offences were serious, unprovoked, and violent. Mr. Badinszky caused enduring injuries to the two victims, both physical and emotional. Mr. Badinszky also suffers from Cannabis Use Disorder and his use of cannabis contributed to Mr. Badinszky’s significant mental deterioration at the time of the index offences.

45. The evidence before the Board also indicates that in the absence of an ORB Disposition, Mr. Badinszky would be likely to fall away from adherence to his prescribed medications and, over a short period of time, likely days, he would be likely to suffer a psychiatric decompensation and become acutely psychotic. Once decompensated, it would be likely that Mr. Badinszky would engage in aggressive behaviour posing a heightened risk to the safety of the public in a manner similar to that at the time of the index offences. For all of these reasons, the Board finds that Mr. Badinszky continues to pose a significant threat to public safety.

46. In coming to the conclusion that the necessary and appropriate Disposition in the circumstances of this case is that Mr. Badinszky continue to be subject to a Detention Order Disposition, the Board relies on the uncontroverted, expert medical opinion of Dr. Le and the documentary evidence before us.

47. The Board is mindful that Mr. Badinszky has demonstrated sustained abstinence from alcohol and cannabis for many years. As well, he has lived in the community for over two years without incident. However, we note that his current residence in North Bay is a highly structured environment with significant staff monitoring and supports on site.

48. We note that Mr. Badinszky is in the process of transitioning back to his home community in Whitefish Falls, the location of the commission of the index offences. The Board is mindful of the hospital’s evidence that Mr. Badinszky may encounter some hostility from the local community but that to date, there have not been any incidents. As well, we note that Mr. Badinszky has no significant social or community supports available to him in Whitefish Falls and he has ongoing challenges in engaging in structured activities. This transition back to Whitefish Falls remains in process and its viability has not yet been definitively approved by the treatment team. His clinical team is closely monitoring whether or not Mr. Badinszky will be able to manage there without posing a heightened risk to the safety of the public. In this panel’s opinion, it is critical that the hospital retain oversight with regard to his community placement.

49. Further, we note that Mr. Badinszky’s risk for relapse into substance use in the context of reintegration into the Whitefish Falls community without significant supports in place is, according to the documentary evidence before the Board, considered “high” despite his many years of abstinence, for which he should be commended.

50. At this juncture, in light of all of the foregoing risk factors as well as those articulated below, we conclude that the Detention Order remains necessary and appropriate. This Disposition allows the hospital to oversee his choice of residence in the community to ensure that he is able to be appropriately supported and monitored. This remains necessary for the safe management of his risk. In addition, the evidence presented indicates that the hospital requires the authority of a Detention Order to intervene at an early juncture to readmit Mr. Badinszky to the hospital should he suffer a decompensation in his mental status for any reason. We note that historically, he is prone to quite rapid deteriorations. In this context, it remains essential that the hospital maintain the authority to respond promptly and proactively to any change in Mr. Badinszky’s presentation that could result in an increased risk of violent recidivism.

51. The only change considered necessary and appropriate to Mr. Badinszky’s current Disposition is that the current reporting requirement mandating reporting ‘not less than once per week’ be amended to include that he report “as required”. This will allow the treatment team the flexibility to customize the manner and frequency of Mr. Badinszky’s requirement to report (in person or otherwise) whilst ensuring the ongoing safety of the public, which is the paramount consideration.

52. The Board carefully considered whether or not Mr. Badinszky could be safely managed under a less restrictive Conditional Discharge at this juncture. We have concluded that he could not at this time. It is not certain that Mr. Badinszky would meet criteria for an involuntary admission under the Mental Health Act in the context of the early stages of a mental status deterioration or possible relapse to alcohol or substance use. For all of these reasons, Mr. Badinszky’s existing Disposition remains the necessary and appropriate one to safely manage his risk to the safety of the public. Given the severity of the injuries inflicted in the commission of the index offences and the fact that Mr. Badinszky is still in the process of being transitioned back to the Whitefish Falls community to live independently, the Board agrees with the conclusion of the treatment team that a Conditional Discharge would be insufficient and inappropriate, from a forensic psychiatric risk management perspective, in the current circumstances.

53. In making this Disposition, we have taken into account the need to protect the public from dangerous persons, Mr. Badinszky’s current mental state, his reintegration into society and his other needs.

DATED this 19^th day of March 2025, at the City of Toronto, in the Toronto Region.

Ms. L. Banks

Legal Member

_________________________

Office of the Registrar

Ontario Review Board