Re: Deryk Keeash
ORB File No: 6450
Hearing held on: Monday, January 20, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. G. Eayrs
Dr. M. Green
Hon. E. Kruzick
Mr. A. Mete
Parties Appearing:
Accused: Deryk Keeash
Counsel: Mr. U. Agostino
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Ms. S. Frenette
REASONS FOR DISPOSITION
(Dated March 24, 2025)
Introduction:
On June 5, 2012, Mr. Deryk Keeash was found unfit to stand trial on two charges of indecent acts. As well, on December 3, 2013, Mr. Keeash was found unfit to stand trial on two charges of assault.
We were advised, however, at the start of the hearing by Ms. Frenette, who is a Crown Attorney in the Thunder Bay Crown Attorney’s office, that the charges of indecent act that resulted in a finding of unfitness were stayed by the court in Kenora. Ms. Frenette advised that the Crown in Kenora participated in a hearing that resulted in the court staying those two charges. Accordingly, the Review Board has no jurisdiction over Mr. Keeash with respect to those charges that have been stayed by the court.
The Ontario Review Board did conduct an in-person hearing at Thunder Bay Regional Health Sciences Centre (TBRHSC) today, January 20, 2024, with respect to the finding of unfitness regarding the two assault charges.
The Alternate Chair noted that Mr. Keeash was not present at this hearing.
Mr. Agostino represents Mr. Keeash. He advised that Mr. Keeash was scheduled to have “an outing” this morning, that these outings are very important to Mr. Keeash, and that Mr. Keeash preferred not to attend at his hearing. Mr. Agostino advised that Mr. Keeash is content for Mr. Agostino to represent him at the hearing. Mr. Agostino further advised, in response to a question from the Alternate Chair, that Mr. Keeash was aware this hearing was proceeding this morning and that he had the right to be here. Under all of the circumstances, the Board exercised its discretion pursuant to section 672.5(10)(a) and permitted Mr. Keeash to be absent from this hearing.
Position of the Parties:
Ms. Davidson appeared for the T.B.R.H.S.C. She advised of the hospital’s position that Mr. Keeash remains unfit to stand trial and that he is also, in the hospital’s opinion, a significant threat to public safety. Accordingly, the hospital is not seeking any recommendation to be made by the Board to the court for an order staying these charges.
Ms. Frenette appeared for the Attorney General. She supported the hospital’s position.
Mr. Agostino appeared for Mr. Keeash. Mr. Agostino accepts that his client is unfit to stand trial. Mr. Agostino, however, does not have any instructions to deal with the issue of the necessary and appropriate Disposition.
Outstanding Charges:
- The outstanding charges are described as follows:
On October 24, 2013, at approximately 1803 hours, Constable Berube #738 in company of Constable Brayden Beck #757 had been dispatched to 116-120 Cumberland Street South for an assault in progress. Information was received that male tenant and patient of Brain Injury Services Northwestern Ontario (BISNO) Derek Keeash had earlier left and returned to confront staff as to what he had done wrong. During his presence, he attacked two female rehabilitation support workers, Richelle Kelly and Suzanne Benvenuto, as they had contacted police due to him leaving the premises. Keeash got upset with staff resulting with Keeash attacking Benvenuto, choking her, using both hands and began pulling her hair. Keeash then dug his fingernail into her right eye using his index finger while laughing. Kelly intervened attempting to separate Keeash from Benvenuto resulting with Keeash turning his attention at Kelly and he forcefully squeezed both of Kelly’s upper arms. Kelly was able to forcefully push Keeash out of the kitchen area closing and locking the door. Constable Berube and Constable Beck arrived on scene. Kelly allowed police into the secured apartment. Constable Berube observed Benvenuto crying and had redness below her right eye. Kelly was upset and frantic, advising police what had transpired leading to Keeash being arrested at 1809 hours in front of room 116 of 120 Cumberland Street South. Keeash uttered, “I didn’t do anything; they got in car crash.” Keeash was escorted out of the building and read his rights to counsel and caution at 1815 hours. Ambulance attended the scene and transported Benvenuto to the Thunder Bay Regional Health Sciences Centre for treatment. Keeash was escorted to the Thunder Bay Police Service where a message was left for Leon Nicol at 1856 hours upon request.
Evidence at Hearing:
The Board admitted into evidence the Hospital Report dated December 20, 2024. The Hospital Report provides a great deal of information concerning Mr. Keeash, his personal history, his mental health history, details of the outstanding charges, and Mr. Keeash’s stay in hospital subsequent to the date of finding of unfitness. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these reasons.
We do, however, note the stated diagnosis of substance-induced major neurocognitive disorder.
In addition to documentary evidence, the Board heard from Dr. Leinonen. Dr. Leinonen noted that Mr. Keeash has significant cognitive issues. Dr. Leinonen has no doubt that Mr. Keeash remains unfit to stand trial. Dr. Leinonen directed the Board’s attention to page 29 of the Hospital Report and a notation made by Mr. C. Balyk, R.P.N., concerning Mr. Balyk’s meeting with Mr. Keeash:
Writer met with patient in the Quiet Room on the Forensic Inpatient Unit. Patient appeared focused and attentive through session, however would make bizarre facial expressions, hold his hand in bizarre positions and begin laughing. Session was approximately 20 minutes in length and covered general information about the judicial process and patient's charges.
Patient was able to state when his next court date is (January 20) and that his charges were laid "About 12 years [ago].", however, patient could not recall what the charges were. When reminded of his charges, patient just responded "Yeah." Patient could not recall the name of his lawyer, but claimed to have last spoken to his lawyer "About 6 months [ago]." Patient was vague when speaking about the reason his charges and some of patient's explanations were nonsensical, stating that the charges for Assault were because he was "Moving the woman. Just to move her." Patient was not able to give any further depth to his explanation and just shrugged. Patient was able to say that his lawyer's job is "My defence." and that the judge will "Give me jail." Patient was reminded throughout the session of his lawyer's name and charges, but during the wrap-up of the session, patient was still unable to repeat his lawyer's name or the charges.
Dr. Leinonen advised that he has been following this patient since August 1, 2024. Dr. Leinonen put it that it is difficult to engage Mr. Keeash in any topic and he has been unable to engage Mr. Keeash in any discussion concerning fitness. Dr. Leinonen believes that Mr. Keeash is unfit to stand trial and notes the very significant cognitive limitations.
In response to questions from Mr. Agostino, Dr. Leinonen provided a significant update concerning Mr. Keeash. The doctor noted that there is a new facility being constructed in Thunder Bay. It is currently known as DD TRHP. The new facility is hoped to be completed by August 2025. The doctor understands that this facility will be able to receive six patients. The doctor believes that Mr. Keeash may well be an appropriate patient to be placed in this new facility.
The doctor noted that Mr. Keeash requires a very high degree of supervision, and that the support and supervision in the new facility will be comparable to the support and supervision that Mr. Keeash receives in the Forensic Unit at the hospital.
Finally, Dr. Leinonen noted that Mr. Keeash is cooperative with taking his medication. In response to a question from a panel member, Dr. Leinonen agreed that Mr. Keeash seems to be “quite happy” staying in the Forensic Unit at the hospital.
In response to questions from another panel member, Dr. Leinonen acknowledged that Mr. Keeash has been treated with Clozapine for a number of years and that there was a significant reduction in assaultive conduct following the introduction of Clozapine.
Dr. Leinonen also acknowledged that there are no overt signs of psychotic symptoms.
Finally, in response to a question from another panel member, Dr. Leinonen stated his opinion that Mr. Keeash would be ready to move into an appropriate community residence at this time.
No other evidence was heard at the hearing.
Final Submissions:
- The hospital and the Crown maintained their position that Mr. Keeash is unfit to stand trial and that the current disposition is both necessary and appropriate and would in fact permit a placement into the community if and when an appropriate placement becomes available. Mr. Agostino repeated his acceptance that his client is unfit to stand trial. Mr. Agostino repeated that he had no instructions with respect to the necessary and appropriate disposition.
Findings of the Board:
The Board accepts the evidence of Dr. Leinonen and the evidence contained in the Hospital Report. In particular, we accept that Mr. Keeash is unfit to stand trial. We accept that there is no basis on which we could make a recommendation to the court for consideration of the court withdrawing these charges.
The panel is satisfied that the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms set out in last year’s disposition.
In reaching our disposition, the Board has taken into consideration the safety of the public, Mr. Keeash’s mental condition, his other needs, and his potential reintegration into society.
DATED this 24th day of March 2025, at the City of Toronto, in the Toronto Region.
Mr. Joel Goldenberg
Alternate Chairperson
Office of the Registrar
Ontario Review Board