Re John E. Vrieling, 2025 CanLII 26056

Ontario Review Board

Re: John E. Vrieling

ORB File No: 6267

Hearing held on: Monday, January 20, 2025

Place of hearing: Waypoint Centre for Mental Health Care

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

Before: Alternate Chairperson: Ms. J. Mills Members: Dr. P.L. Darby Dr. G. Stones Ms. M. Chamberlain Ms. B. Naegele

Parties Appearing: Accused: John E. Vrieling Counsel: Mr. V. Zenobio The person in charge of hospital: Representative: Ms. T. Newman Attorney General of Ontario: Counsel: Ms. K. Staats

REASONS FOR DISPOSITION

(Dated March 25, 2025)

1. On January 14, 2013, Mr. John Vrieling was found not criminally responsible on account of mental disorder on charges of harassment, assault, and fail to comply with an undertaking, contrary to the Criminal Code of Canada, (the “Criminal Code”).

2. Mr. Vrieling is subject to a disposition of the Ontario Review Board (the “Board”) dated February 8, 2024, discharging him on conditions.

3. On Monday, January 20, 2025, the Ontario Review Board convened a hearing at Waypoint Centre for Mental Health Care, Penetanguishene (“Waypoint”) pursuant to s. 672.81(1) of the Criminal Code. Mr. Vrieling was in attendance and was represented by his counsel, Mr. Zenobio

Position of the Parties

4. At the outset of the proceedings, the parties were canvassed as to their respective positions on the two issues to be examined by the Board: whether Mr. Vrieling continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate deposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
5. Ms. Newman, the representative for the hospital, submitted that Mr. Vrieling no longer represented a significant threat to the safety of the public and therefore he should receive an absolute discharge. Ms. Staat, on behalf of the Ministry of the Attorney General, and Mr. Zenobio on behalf of Mr. Vrieling, concurred with the Hospital’s position.

The Evidence:

6. The evidence at the hearing consisted of the Hospital Report, dated November 27, 2024, (ex. 1), and the viva voce evidence of Dr. Ismail, Mr. Vrieling’s treating psychiatrist.

Index Offences and Background:

7. The circumstances of the index offences are taken from the most recent Reasons for Disposition, as follows:

“The first two index offences occurred on October 27, 2011, and the third for failure to comply occurred on December 9, 2011. The details of those offences as summarized by the police are set out at great length in the hospital report.

Briefly, however, the first two index offences arose when Mr. Vrieling approached the victim and her daughter at a bus stop and handed her an envelope. He then touched the victim first on her arm and then, despite her unwillingness to be touched, by placing his arm around her. She also perceived him to be leering at her daughter. The envelope contained a note talking about a prophecy and the desire of women that scared the victim for herself and her daughter.

The third index offence relates to the undertaking given on Mr. Vrieling’s release following arrest for that incident, which included not going on buses. However, on December 9, 2011, despite being ordered not to enter the bus, he told the bus driver (and later the police) that the mayor said he could. He then entered the bus and sat down.”

8. The Hospital Report provides details regarding Mr. Vrieling’s personal history that need not be repeated here at length. Briefly, Mr. Vrieling is a 90-year-old male with a longstanding diagnosis of schizophrenia. He grew up in the Netherlands during the Second World War and was educated in Holland in a technical carpentry program. He came to Canada in 1957. He then worked in the construction industry in various locations throughout Canada and is now in receipt of his Canada Pension. He was briefly married. His wife had a son from a previous marriage and they adopted a baby girl. A delusional belief system, discussed in greater detail within the Hospital Report, based on which Mr. Vrieling conducts his life, incorporates both his ex-wife and his adopted daughter as two of the women who are his “chosen lovers” according to “prophesy”.
9. Mr. Vrieling has relatives in the Netherlands, whom he visited regularly prior to the index offences. His brother is now deceased but he stays in contact with his sister-in-law. His sister, who is a retired nurse, resides in the Netherlands and used to visit yearly. She no longer wishes to travel to Canada.

Evidence at Hearing:

10. Mr. Vrieling’s progress since his last annual review is summarized in the Hospital Report as follows:

“Mr. Vrieling remains compliant with his medication regime, which has been unchanged for many years. He cooperates with all aspects of his health care. He has a general practitioner in the community. On November 7, 2024 his Montreal Cognition Assessment (MoCA) was 20/30; his previous score in 2023 was 21/30 … Mr. Vrieling has demonstrated consistent stability, compliance, and insight into his treatment needs. He has no history or current evidence of violence, and his delusional beliefs do not interfere with his ability to live safely and independently in the community. Given his advanced age, stable mental health, and continued adherence to his treatment and supervision requirements, Mr. Vrieling does not pose a risk to public safety. An absolute discharge is appropriate and recommended at this time.”

11. Dr. Ismail testified as Mr. Vrieling’s treating psychiatrist. He confirmed that he had read and was in agreement with the contents of the Hospital Report.
12. He stated that Mr. Vrieling’s mental state is stable and his psychiatric symptoms are managed with his current medication regime. There have been no concerns with medication compliance as Mr. Vrieling takes his medication on his own. He has informed his doctor that every once in a while, he forgets to take his medication but will feel the effects of the missed medication and take it later on the same day. Dr. Ismail has no concerns with Mr. Vrieling’s compliance with taking his medication. He informed the Board that Mr. Vrieling has insight into the need for him to take his medication.
13. Dr. Ismail noted that Mr. Vrielings’s delusions remain despite his compliance with medication, however, he does not act on them. Mr. Vrieling does not discuss his delusions in day-to-day conversations, rather the Hospital staff are only able to discuss them with him after much probing.
14. Currently Mr. Vrieling has been living in the community independently. He takes his medication on his own. He makes his own meals. He engages in social activities in the community and regularly takes public transportation. Mr. Vrieling plans to continue to live at his current home where he is settled and gets along well with the staff. Mr. Vrieling was able to travel to Holland with his nephew this past year and he has plans for a trip to the Netherlands in the fall of 2025.
15. Mr. Vrieling has made no attempts to seek out those that he is not to have contact with and Dr. Ismail is confident that this will continue in the future.
16. Mr. Vrieling already has a family doctor in the community. His psychiatric care will be transferred to the mobile treatment team and he can meet with the team as often as needed. The Hospital’s forensic team will work with Mr. Vrieling for a few weeks to ensure that there is a smooth transition to the mobile team.
17. In response to questions from the Board members, Dr. Ismail stated that he feels that it is unlikely that Mr. Vrieling will forget to take his medication as his memory deteriorates over time.
18. Dr. Ismail noted that Mr. Vrieling no longer has any problematic delusions regarding women.

Final Submissions:

19. Ms. Newman submitted that Mr. Vrieling has complied with his treatment and his mental health is stable. While he continues to have delusions, they do not interfere with his daily life. Mr. Vrieling has not engaged in any of his previous troubling behaviours. He has lived in the community successfully since 2019 with the exception of two brief periods. He has been able to utilize public transit without incident. Ms. Newman commended Mr. Vrieling on the work that he has done.
20. Ms. Staats stated that the Attorney General shared the view of the Hospital and agreed that Mr. Vrieling no longer represents a significant threat to the safety of the public. She noted that he has displayed mental health stability and even though he still has delusions, they do not represent any threat of harm.
21. Mr. Zenobio stated that his client was joining the Hospital and Crown in their recommendation. He noted that Mr. Vrieling has done very well. He works with the Hospital voluntarily and takes his medication voluntarily. He noted that while all of Mr. Vrieling’s offences occurred on a bus or at a bus stop he now takes public transportation regularly and there have been no issues.

Findings of the Board:

22. Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
23. In determining whether Mr. Vrieling continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
24. The Board unanimously finds that Mr. Vrieling no longer poses a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Ismail. The Board also relies on the Hospital Report and the Risk Summary contained therein at page 68 in concluding that Mr. Vrieling should be absolutely discharged from the jurisdiction of this Board.
25. Mr. Vrieling is living in housing subsidized through the Forensic Supportive Housing Program (FSHP). He is able to maintain his own home and prepare his own meals. He is agreeable to transition to non-forensic mental health services. He has a general practitioner in the community. Dr. Ismail and the Forensic team will work with Mr. Vrieling to ensure a smooth transition to the non-forensic system. He will also be followed in the community by Geriatric Services vis-à-vis his capacity to perform activities of daily living.
26. In making this determination, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Ismail and is satisfied that this finding is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Vrieling’s mental condition, his reintegration into society and other needs.

DATED this 25th day of March 2025, at the City of Toronto, in the Toronto Region.

Ms. M. Chamberlain Legal Member

Office of the Registrar Ontario Review Board