Ontario Review Board
Re: Terry Otero Ghetti
ORB File No: 0286
Hearing held on: Wednesday, January 29, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. R. Wood Hill Dr. G. Stones
Parties Appearing: Accused: Terry O. Ghetti Amicus Curiae: Mr. U. Agostino The Person in charge of Hospital: Representative: Ms. T. Murdock Attorney General of Ontario: Counsel: Ms. S. Curry (via Zoom)
REASONS FOR DISPOSITION
(Dated March 27, 2025)
Introduction
On December 3, 1973, Terry Ghetti was found not guilty by reason of insanity (“NGRI”) on charges of both non-capital murder and manslaughter, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Ghetti is currently subject to a Disposition of the Ontario Review Board (the "Board") dated January 10, 2024, detaining him at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint”), with privileges up to hospital and grounds privileges, beyond the secure perimeter, escorted by staff.
On January 29, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code of Canada.
Preliminary Matter
Mr. Ghetti was not in attendance at the start of his hearing. Mr. Agostino appeared via Zoom in his role as Amicus and advised that he had only recently been appointed. He had reached out by phone to Mr. Ghetti two days prior to this hearing and left a detailed message with staff. No one returned his call. A support worker advised that Mr. Ghetti often does not communicate with counsel. Nevertheless, Mr. Agostino confirmed that he had reviewed the patient’s file and was prepared to assist the parties and the Board in his role as Amicus. Dr. Van Impe added that he had spoken with Mr. Ghetti on the Thursday morning prior to this hearing, at which time, his patient stated he had no interest in participating. At this juncture, the patient's presence was excused per s. 672.5(10) of the Criminal Code.
Without Prejudice Position of the Parties
Ms. Murdock,