Re: Mr. Glenroy Blake, 2025 CanLII 26077

Ontario Review Board

Re: Mr. Glenroy Blake

ORB File No. 5692

Hearing Date: January 30, 2025

Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus

Pursuant to: ss. 672.81(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: Mr. Glenroy Blake Counsel: Mr. M. Schloss

The Person in charge of Hospital: Counsel: Mr. S. O’Brien

Attorney General of Ontario: Counsel: Ms. J. McKenzie

REASONS FOR DISPOSITION

(Dated March 25, 2025)

Introduction

1Mr. Blake was found not criminally responsible on September 15, 2010, for the criminal code offences of fail to comply with undertaking or recognizance x 4, watching a dwelling house, fail to comply with probation, prowl by night, and carry concealed weapon.

2He is currently subject to a detention order under a Disposition dated February 27, 2024, with privileges that extend to living in the community of the Greater Toronto area or Hamilton, in accommodation approved by the person in charge. Mr. Blake was an inpatient at the Centre for Addiction Mental Health (CAMH) at the time of last year’s hearing, and was transferred to St. Joseph’s Healthcare, Hamilton, West 5th Campus, (STJH) on August 8, 2024.

3A panel of the Ontario Review Board (the panel) convened this annual hearing on January 30, 2025 at STJH to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada.

4At the commencement of the hearing, the Hospital recommended a continuation of the existing detention order with the addition of 7 day passes to facilitate discharge planning into the community. Counsel for the Attorney-General supported the hospital’s position. Counsel for Mr. Blake indicated that Mr. Blake was requesting an absolute discharge, but if the panel found Mr. Blake to be a significant threat to the safety of the public, he was in agreement with the Hospital’s recommendation. He also submitted that Mr. Blake, when an inpatient, should reside in a general unit, which should be designated by this panel, rather than simply designating a forensic psychiatry unit.

5After hearing the evidence, the panel concluded that Mr. Blake is a significant threat to the safety of the public, and that a continuation of the detention order, with the 7-day passes for discharge planning was necessary and appropriate in the circumstances.

Index Offences

6The following facts relate to the index offences.

Carry Concealed Weapon

On August 21, 2009, Mr. Blake attended the Slow Radio Station on Yonge Street in Toronto. He refused to leave the premises when requested to do so by security staff. Police attended and when searched, a 4-inch knife blade was taped around the bottom of his shoe. At the time he was on probation and was required to keep the peace and be of good behaviour.

Criminal Harassment

Between the dates of September 19 and October 24, 2009, the victims saw Mr. Blake on several occasions in their back yard. They had confronted him on their property, but he had nevertheless returned. On September 19, 2009, at 11:50 pm, he was again seen in the backyard of the complainant’s residence. Attending police were unable to locate him at the time. Police were called on October 9, 2009 at 12:50 am. Mr. Blake had fled the backyard by the time they arrived. On October 23, 2009, Mr. Blake was again confronted in the backyard of the complainant’s premises. He falsely identified himself to the homeowner and then fled the property. He was again seen there on October 24, 2009 at 9:30 am, and was located a short distance away by police and arrested.

Fail To Comply with Recognizance

When Mr. Blake was arrested on October 24, 2009, he admitted to failing to comply with a term of his recognizance that was imposed following his arrest for carrying a concealed weapon and failure to comply with probation on August 21, 2009. The term required that he “take medications as recommended by your doctor”. Following his arrest on October 24, 2009, he admitted that he had not filled the prescription and had not taken his medications.

Fail to Comply with Recognizance and Probation

On December 22, 2009 at 2:40 am, Mr. Blake was observed by police smoking on the Toronto Transit Commission Property. When investigated it was determined that a bail condition arising from his arrest on October 24, 2009 obliged him to obey a curfew between 9pm and 8am 7 days a week.

Prowl by Night

On March 6, 2010, Mr. Blake was in the backyard of a Toronto residence. The occupant called 911 and police attended, but Mr. Blake already fled the area. He was arrested later that day, and found in his possession was an 8-inch dildo, a roll of black adhesive electric tape, and a stainless-steel ice pick.

Failure to Comply with Recognizance x 2

As a result of his arrest on March 6, 2010, Mr. Blake was in breach of terms of his recognizance that required he not be within 500 meters of the residence in Toronto from which he had fled and also required him to abstain from possession of any weapons as defined in the criminal code. He breached both conditions by attending at the address on that day and by possessing an ice pick.

Hospital Report

7The Hospital Report dated January 14, 2025, was prepared for this hearing, and provides a detailed review of Mr. Blake’s personal and mental health history.

8Mr. Blake is diagnosed with schizophrenia, unspecified personality disorder, substance use disorder, and unspecified paraphilic disorder.

9The Hospital Report outlines the extensive legal history of upward to 80 charges and over 30 convictions. These charges extend from his youth and include robbery, theft under and false alarm. There were numerous convictions for failure to comply, carry a concealed weapon, threatening, mischief and criminal harassment. Lastly, there were convictions for trafficking and the possession of illegal drugs as well as possession of property obtained by crime. Many of the convictions prior to the index offences involved watching and following female victims. With respect to the March 6,2010, Prowl by Night offence, Mr. Blake told the doctor doing the assessment that the woman in the house was giving him sexual gestures. He provided an illogical explanation for having possession of tape, an ice pick, and a dildo, at the time of the offence.

10Mr. Blake was born in Jamaica and came to Canada in approximately 1990 at the age of eight. He lived with his mother until he was 18 years of age. His father was not involved in his life.

11At age 18, Mr. Blake was asked to leave the residence since he was a significant problem. He was disrespectful, aggressive and not listening to rules or attending school or work. He did not get along with his mother since she was not in agreement that he become a rapper. Mr. Blake then lived with other members of his family and at times on his own. He is supported by ODSP. He is still deeply interested in music and hopes to make a career of it.

12The reports indicate that Mr. Blake has always had a problem with anger. There were also concerns with his threatening behaviour towards his mother. She reported in the past that she feared for her safety and the safety of his sisters. Three of his previous charges relate to threatening one of them with a knife.

13Mr. Blake left school in grade 11. He did not complete school work, and he was suspended on two occasions for aggressive behaviour towards others.

14Mr. Blake came under the jurisdiction of the ORB in 2010. In 2006, he was hospitalized for aggressive ideation in the context of a psychosis. He had been using crack cocaine and alcohol regularly, and was only intermittently compliant with his medication. He had violent and sexual thoughts, and was experiencing auditory and visual hallucinations. Initially it was thought that he might have a bipolar disorder. He continued the recommended treatment for some two years even though his compliance with medication was intermittent. At the time of the index offences, he was being treated by a psychiatrist.

15He was known to have issues with substances such as marijuana and cocaine. He did attend a substance relapse program in 2011. However, he has continued to use substances. Following the index offences, Mr. Blake was first granted community living in the 2012 Disposition. Since then, he has been readmitted to the hospital on 5 occasions as a result of cocaine use.

16He has continued to maintain an apartment at Ecuhome residence in Toronto even though he has been detained in hospital. He obtained this apartment on July 1, 2013.

17Although he was re-admitted to the hospital on numerous occasions for substance use, he quickly stabilized in the hospital and there were no serious behavioural issues prior to January 2018. He was granted a conditional discharge at his annual hearing on January 24, 2018.

18On March 30, 2018, Mr. Blake attended the emergency department at CAMH seeking re-admission. He was experiencing suicidal thoughts and was extremely frustrated. He was placed on a Form 1 under the Mental Health Act after threatening to get a firearm and harm two people.

19Following his Board hearing on November 26, 2018, Mr. Blake experienced a serious decline in his mental health. On December 13, 2018 he stated that he would no longer cooperate with the treatment team or respect the Board Disposition. On multiple occasions in the ensuing months his drug screen was positive for substances.

20More concerning behaviour was his interaction with female staff at CAMH.

(a) November 19, 2018, Mr. Blake followed a female staff member leaving from CAMH onto the same bus and then subway;

(b) January 22, 2019, he followed a female staff member leaving from the CAMH building to her car, and left the area when she met with another person;

(c) February 10, 2019, he followed a female staff member leaving from CAMH, boarded the same bus, and sat beside her. He then followed her off the bus for some distance;

(d) February 14, 2019, he followed a female staff member leaving from CAMH onto a streetcar. He then followed her off the streetcar for some distance.

21As a result of this behaviour, CAMH arranged an early Board hearing. On March 26, 2019 the Board issued a detention order. CAMH also formally trespassed Mr. Blake from their property unless he was attending a scheduled appointment.

22Mr. Blake continued to consume cannabis and cocaine. The Hospital Report for 2019, stated that his risk for violence increased significantly when experiencing stress and using substances, even when compliant with medication.

23He was re-admitted on July 19, 2019, and was observed to be irritable, profane, and agitated. He was dismissive to staff, as well as, threatening and intimidating. He was noted to be experiencing persecutory ideation, paranoia, and his thought was disorganized.

24After having been discharged from the hospital, he was re-admitted on August 30, 2020, and was described as very hostile.

25In 2022, he was being seen by the Forensic Outpatient Service daily. There were five re-admissions for substance use. On November 2, 2022, Mr. Blake was brought to CAMH emergency by the police after the police received public complaints about his bizarre behaviour and comments about suicide. His condition was described at that time as, agitated, angry, irritable, aggressive, and threatening.

26On February 10, 2023, while an inpatient at CAMH, he exposed himself to a female while stroking his crotch area.

27There were various episodes of angry outbursts and verbal abuse directed at staff.

28He would quite regularly touch himself over his pants in front of female staff.

29On June 2, 2023, Mr. Blake absconded from an escorted pass on the hospital grounds. A review of his computer revealed conversations with a woman who agreed to meet with him at a specified address for sex. On June 6th, he was returned to the hospital by the police. His drug screen tested positive for cocaine.

30Following his return to the hospital on June 6th, his condition was described as unstable and his behaviour as intimidating. There were also multiple incidents of sexually inappropriate conduct. He refused to take his long-acting injectable antipsychotic medication, and as a result, his condition deteriorated. His thought process was disorganized, and he was emotionally labile.

31On August 8, 2024, Mr. Blake was transferred to St. Joseph’s. He initially settled into this new environment well, but by October, 2024, he lost his level 2 privileges for bringing contraband onto the unit. His team recommended Fluoxetine for his sexualized behaviour. He took this medication for a very short period of time before discontinuing.

32The Hospital Report indicates that his mental status and behaviour fluctuated. There were difficulties with Mr. Blake adhering to the unit rules and verbal aggression. There were also numerous incidents of sexually inappropriate behaviour with female staff. The hospital instituted certain safety measures to protect the female staff.

33A psychological risk assessment was conducted by STJH. The following are some of the observations from the assessment.

(a) At times during the assessment, he was emotionally dysregulated and angry;

(b) Mr. Blake presented as grandiose, which may be a product of ongoing psychotic symptoms;

(c) His level of cooperation varied throughout the assessment;

(d) Mr. Blake stated that he currently masturbates between two and three times per week, but the assessor believes this understates the reality;

(e) Mr. Blake reported making sex tapes with partners. He currently fantasizes about the sex tapes he has made, or the women that he has seen in real life, while masturbating;

(f) Mr. Blake stated that he feels aroused all the time;

(g) According to Mr. Blake, a woman may engage in behaviour, such as, how they walk, move their head, or wear certain clothing, as a sign of their sexual interest in him.

34The assessment concluded that several risk factors are present. They include, poor insight into his illness, cognitive and behavioural instability, and issues with treatment and supervision response. He exhibits behaviours possibly suggestive of ongoing psychotic symptoms (delusional beliefs about himself and about women’s intentions,) and some violent ideation or intent as evidenced by his tendency to view another person’s actions as having a hostile intent.

35The assessment rated his risk of violent re-offending in the next 12 months as moderate while under a detention order. An absolute or conditional discharge would raise the risk for violence to high in the weeks to months following community access.

36It also assessed his risk of sexually offending specifically. Mr. Blake scored 20 out of a possible 24 points on the STABLE-2007 test. This score falls into the high-level range of stable dynamic needs. The areas that have been identified as clinically significant are, his capacity for relationship stability, hostility toward women, lack of concern for others, impulsive acts, poor problem-solving skills, negative emotionality, sex-drive/preoccupation, and cooperation with supervision.

37The assessor viewed Mr. Blake’s sexually inappropriate behaviour as escalating, and considered that the index offences of prowl by night, and the criminal harassment, had possible sexual intent. Dr. Mamak, who conducted the assessment believes that the differential diagnosis of unspecified paraphilic disorder should remain. She is not convinced that Mr. Blake’s inappropriate sexual behaviour is related to antisocial personality traits rather than a paraphilic disorder.

38Individual psychotherapy was recommended for Mr. Blake, but he declined. He fears the information will be used against him.

39The Hospital Report details the factors in its clinical risk summary starting on page 75, that in in the treatment team’s opinion, supports their request for a detention order. It refers to Mr. Blake’s criminal history, his history of violence, his substance abuse, and , his stalking of the female staff at CAMH. The sexualized behaviour toward female staff has continued at STJH. While at STJH, he has presented as hostile and threatening. His insight into his illness and need for medication is limited. The Hospital does not believe a conditional discharge is sufficient to manage his risk to public safety.

40Dr. Nagari, in his capacity as Mr. Blake’s treating psychiatrist, testified at this hearing.

41He stated that there are positive features to Mr. Blake’s behaviour since entering STJH. There has been no physical aggression, no positive UDS for substances, and he regularly takes his medication. He enjoys working on his music, and has completed a creative writing course. Dr. Nagari described Mr. Blake as mostly polite.

42There are still concerns. Mr. Blake still engages in verbal aggression, and behaviour that is sexually inappropriate. Dr. Nagari stated that the main risk factors that have been present for many years still exist.

43Dr. Nagari further stated that Mr. Blake’s insight into the harmful effects of substance use is poor, and that he does not appreciate the reasons for his many re-admissions to the hospital. He does not appreciate the factors that elevate his risk for violence. Mr. Blake has not yet been able to achieve indirectly supervised passes on the hospital grounds.

44Dr. Nagari indicated, that with more freedom, there are more incidents of concerning behaviour, and that Mr. Blake requires a highly supervised environment. At this time, there is no structured housing available.

45Counsel for the Attorney-General referred Dr. Nagari to the score of 20/24 points on the STABLE-2007 test performed during the psychological assessment. He agreed that this puts Mr. Blake in a high-risk category for sexually re-offending.

46Dr. Nagari does not believe that Abilify has negatively affected his sexual behaviour, and alluded to the fact that Mr. Blake’s inappropriate sexual behaviour predated the use of Abilify.

47Counsel for Mr. Blake suggested to Dr. Nagari that it is not unusual for someone to be highly energized immediately following an injection of their medication. Dr. Nagari responded by saying that he has not seen such a reaction from Mr. Blake. Furthermore, Mr. Blakes’s sexual behaviour does not result from hyper sexual arousal, but rather, predatory targeting. He indicated that Mr. Blake is fully conscious of his behaviour.

48Dr. Nagari acknowledged that Mr. Blake has not used substances since March 2019, but believes that he will not be able to abstain from substances if living in the community.

49He advised Mr. Schloss that patients can be discharged to the community from any unit.

50Dr. Nagari indicated that he is not aware of the process of someone being discharged to live in a community different from the hospital that discharged him. He was unsure if a local hospital would assume care of the patient on an outpatient basis.

51In response to questions from the panel, Dr. Nagari advised that a person must exercise level 4 privileges, indirectly supervised access to the community, for a period of time before being discharged to live in the community. He also indicated that it is necessary for the Hospital to approve Mr. Blake’s housing.

52Dr. Nagari does not believe that Mr. Blake would return to the hospital voluntarily if living in the community on a conditional discharge.

53Dr. Nagari referred to the fact that Mr. Blake has not lived in the community for any sustained period of time. He was repeatedly re-admitted to the hospital following substance use or inappropriate behaviour.

54Dr. Nagari was referred to the discrepancy between Dr. Mamak’s opinion that the sexual behaviour may be related to a paraphilic disorder, and his opinion, that this behaviour is a product of antisocial personality traits. Dr, Nagari responded that he is not convinced the sexual behaviour is related to a disorder, but it is something to consider.

55Dr, Nagari stated that approved housing is sufficient, and he does not believe it to be necessary to state supervised housing in a Disposition.

56Mr. Blake testified at this hearing.

57He advised the hearing that if given an absolute discharge he would be fine in the community. He is part of an organization called Workmen’s Art, which would add structure to his day. He referred the panel to sections of the Criminal Code and the factors that must be considered, such as reintegration into the community, and other needs of the accused.

58Mr. Blake referred to never having been physically violent, and that he needs to be trusted.

Submissions

59The Hospital submitted that Mr. Blake is a significant threat to the safety of the public, and that a continuation of the existing detention order is necessary. The Disposition should include a provision for community living to facilitate discharge planning even though it is unlikely Mr. Blake will be discharged to live in the community this upcoming year.

60Counsel for the Attorney-General supported the submissions of the Hospital.

61Counsel for Mr. Blake submitted that Mr. Blake is entitled to an absolute discharge. Mr. Blake does not have a history of physical violence, and his mental deterioration has historically been the result of substance use. He is now abstaining from substances. Counsel referred to the sexual behaviour as “low end”. The alternate-chair took issue with Counsel describing Mr. Blake’s sexual conduct as “low end.”

Analysis

62There is ample evidence to conclude that Mr. Blake is a significant threat to the safety of the public, and that a continuation of the detention order is necessary and appropriate. Prior to the index offences, Mr. Blake had amassed a lengthy criminal record which included convictions for violent offences.

63The March 6, 2010 index offence is very disturbing. Not only was he prowling by night in the rear yard of a family home, he was found in possession of a dildo, an ice pick, and black tape. A very concerning pattern of behaviour develops when we view the incidents from November 2018 to February 2019. On 4 occasions he followed female staff when they were leaving CAMH. This behaviour was not spontaneous. It required planning and effort.

64Inappropriate sexual behaviour has continued to the present time. This behaviour required STJH to create a safety plan for the female staff who were working on Mr. Blake’s unit.

65At both CAMH and STJH, Mr. Blake has been verbally aggressive, irritable and dismissive of staff. He has been described as intimidating and threatening.

66At CAMH, he was discharged to live in the community many times, and had to be re-admitted to the hospital after consuming substances or inappropriate behaviour. He absconded from the hospital on June 2, 2023, and was returned by the police 4 days later.

67The very thorough psychological assessment conducted by Dr. Mamak has assessed his risk of sexual violence as high if not under the supervision and direction of the Hospital. Dr. Mamak stated in her assessment that the differential diagnosis of Unspecified Paraphilic Disorder should remain as part of Mr. Blake’s diagnosis. Dr. Nagari is of the opinion that the sexual behaviour is not likely a disorder, but rather, related to antisocial personality traits. Whether or not Mr. Blake suffers a paraphilic disorder has implications for treatment and risk management. We hope the Hospital attempts to answer this question.

68Dr. Nagari testified that Mr. Blake’s insight into the harmful effects of substances is poor. His insight into how his behaviour has affected others is also poor. It is concerning that Mr. Blake is either, not aware, or does not care, of the effect his behaviour has on others.

69Mr. Blake will require housing in the community that is supervised when he is discharged to live in the community. The Hospital will have to approve his accommodation.

70A conditional discharge would be completely inadequate to manage the risk Mr. Blake poses to the public. It is critical that the Hospital have the ability to return Mr. Blake quickly to the hospital if the need arose and to approve his housing in the community.

71The panel also accepts that Mr. Blake would very likely return to substance use if he were residing in the community and not under the supervision of the Hospital. This would directly result in a decline of his mental health and his behaviour which would put public safety in jeopardy.

72There was evidence that Mr. Blake has raised the issue of transferring to another unit. Dr. Nagari is not in favour of such a move. The panel agrees with Dr. Nagari, and views Mr. Blake staying on a unit where staff are familiar with him as beneficial.

73A continuation of the detention order is necessary and appropriate with the modification suggested by the Hospital in regard to 7-day passes.

74In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.