Ontario Review Board
Re: George Bennett
ORB File No. 7829
Hearing Date: January 31, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus
Pursuant to: ss. 672.81(2.1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. J. Weinstein
Members: Dr. R. Buckingham
Dr. L. O. Lightfoot
Ms. B. Little
Mr. K. McKenna
Parties Appearing:
Accused: George Bennett Counsel: Mr. R. Browne
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Mr. S. Kim
REASONS FOR DECISION
(Dated March 24, 2025)
Introduction
Mr. Bennett was found not criminally responsible on January 4, 2021, for the criminal code offence of arson. He is diagnosed with Delusional Disorder, Persecutory type.
He is currently subject to a detention order under a Disposition dated March 11, 2024, with privileges that extend to living in the community.
The Board was notified by St. Joseph’s Healthcare, West 5th Campus, Hamilton, by letter dated December 17, 2024, that Mr. Bennett’s level 3 privileges (hospital and grounds, public side of the building) have been on hold since November 27, 2024. Prior to November 27th, Mr. Bennett had been exercising level 3 privileges since May 27, 2024.
This letter constituted notice to the Board of an increased restriction on Mr. Bennett’s liberties which exceeded 7 days pursuant to s. 672.56(2) of the Criminal Code of Canada.
A panel of the Ontario Review Board convened this restriction of liberties hearing on January 31, 2025, at St. Joseph’s Healthcare, (St. Joseph’s) to consider if the restriction of liberties were warranted in the circumstances.
At the commencement of the hearing, the Hospital submitted that the restriction of liberties to January 22, 2025, was appropriate. Both counsel for the Attorney-General and for Mr. Bennett agreed the restriction was appropriate.
Evidence
The evidence at this hearing consisted of a Restriction of Liberties Report (R of L Report) dated January 22, 2025, and the testimony of Dr. Alanna Courtright.
Mr. Bennett has been under the care of Dr. Courtright since September 3, 2024.
Mr. Bennett had been challenging his incapacity to consent to treatment for many years, and has been untreated for an extended period of time. Once the time for appeal to the Supreme Court of Canada expired on November 25, 2024, treatment resumed.
The RoL Report describes Mr. Bennett’s behaviour as: minimal engagement with staff, often pushes limits, and argumentative when his demands were not met. He does not believe he has a mental illness, and attributes his hostile, guarded, and mistrustful attitude to the hospital and the restrictions he faced.
According to the R o L Report he has expressed a belief that staff members were performing experiments on him, and has also claimed on many occasions that staff were engaged in human trafficking. He indicated that he no longer fears for his safety because the police have satellites and infrared to passively prevent and detect crime.
Mr. Bennett has consistently demanded to be discharged from hospital and for his passport and bicycle to be returned to him. He becomes angry when this request is denied. Mr. Bennett has previously fled the country in fear when experiencing his paranoid delusions.
Prior to November 28, 2024, Mr. Bennett had been exercising level 3 accompanied privileges with staff members to access the public side of the hospital and grounds.
By November 25, 2024, the time to pursue an appeal of an incapacity for treatment decision to the Supreme Court of Canada had expired. His family was contacted, but they declined the role of substitute decision maker. The Public Guardian and Trustee provided consent to initiate treatment with a long-acting antipsychotic medication (zuclopenthixol decanoate.)
On November 27, 2024, accompanied by security, the clinical team gave Mr. Bennett his injection. He was very argumentative, with a raised voice, and repeated that he did not have a mental illness or any need for medication.
On November 28, 2024, the team was concerned with his level of agitation about being treated against his will, and his delusional beliefs that medication had almost killed him and put him in a coma. The team was also concerned about his risk of elopement after Mr. Bennett expressed to Dr. Courtright that he wanted to leave the hospital against medical advice and leave the country. A decision was made to cancel his level 3 privileges.
Over the next few days, it was apparent to the staff, that Mr. Bennett was feigning physical issues whenever he was within sight of a staff member. For example, he would be observed to be walking without any difficult, and then as he approached the nursing station, he would walk with an exaggerated limp, or contort his body toward the wall and claim that the staff damaged his nervous system.
On November 29, 2024, he told the nurse practitioner that the forensic psychiatry team were performing test on his body, and that “my mind’s neurotransmitters are being controlled by someone on the outside.” Various delusional thoughts were expressed concerning his IM medication.
On December 12, 2024, Mr. Bennett became defensive, extremely rude and argumentative when staff approached him for his scheduled injection. He yelled profanities at staff, and at one point, removed his clothing, grabbed his groin, and yelled, “is this what you want.” After staff left, he was heard to be yelling profanities and hitting the wall and objects in his room.
On December 13, 2024, it was discovered that Mr. Bennett had damaged a cabinet in his room, and 5 screws from the cabinet door were missing. The screws were later found in the garbage.
The R of L Report indicates that there were no further episodes of aggression or significant agitation. With treatment, he appeared less hostile and more relaxed. Although verbally resistant, he cooperated with receiving his 3rd injectable antipsychotic dose.
The following week, he met with Dr. Courtright, and continued to insist he that did not have a mental illness or need medication. However, he was much calmer and better organized.
A team meeting was held on January 6, 2025. The consensus from the meeting was that the level 3 escorted privileges should be restored. Unfortunately, there was a Covid outbreak at that time that restricted all privileges. Mr. Bennett was able to use this level 3 privilege as of January 22, 2025.
Analysis
At the conclusion of the hearing the parties continued to support the restriction of liberties to January 6, 2025, as being warranted.
After considering the evidence, the panel also accepts that the restriction to Mr. Bennett’s liberties was warranted in the circumstances. He was highly agitated and aggressive when the long-acting antipsychotic was first administered on November 27, 2024. This is, of course, in the context of him believing that he does not have a mental illness or need medication. Possible elopement was a legitimate concern to the staff given his past behaviour of leaving the country out of fear when he was experiencing paranoid delusions. Once his behaviour stabilized the level 3 privileges were restored.
Dated this 24th day of March 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board