Ontario Review Board
Re: Trevor Bernard
ORB File No: 7077/7113
Hearing held on: Wednesday, January 22, 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: Trevor Bernard Counsel: Mr. V. Zenobio
The Person in Charge of Hospital: Representative: Ms. M. Kraftscik
Attorney General of Ontario: Counsel: Ms. K. Staats
REASONS FOR DISPOSITION
(Dated March 26, 2025)
Introduction
On December 16, 2016, Trevor Bernard was found not criminally responsible on account of mental disorder (“NCR”) on a charge of uttering a threat to cause death or bodily harm, contrary to the Criminal Code of Canada (the “Criminal Code”). On February 24, 2017, Trevor Bernard was again found NCR on account of mental disorder on charges of possession of a weapon for dangerous purpose (x2), contrary to the Criminal Code.
Mr. Bernard is currently subject to a Disposition of the Ontario Review Board (the “Board”) dated February 9, 2024, detaining him at the Waypoint Centre for Mental Health Care – Brébeuf Program for Regional Forensics (“Waypoint” or the “Hospital”) with privileges up to and including the ability to live in the community within the catchment area of the Hospital in accommodation approved by the person in charge.
On January 22, 2025, a panel of the Board convened to review Mr. Bernard’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Bernard was present at his hearing and was represented by counsel throughout the proceedings.
The issues to be determined are whether Mr. Bernard poses a significant threat to the safety of the public and, if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
At the commencement of the hearing, the representative for the Hospital submitted that Mr. Bernard continues to represent a significant threat to the safety of the public and there should be no change to his current disposition. Counsel for the Attorney General agreed with the Hospital’s submission. Counsel for Mr. Bernard took no issue with the Hospital’s position but submitted that Mr. Bernard should be permitted to travel internationally for up to 14 days with an itinerary approved by the person in charge. All parties maintained their respective positions in closing submissions.
For the reasons outlined below, the Board finds that Mr. Bernard continues to represent a significant threat to the safety of the public and that there should be no change to his current disposition.
Evidence at the Hearing
- The Board received documentary evidence in the form of a Hospital Report dated December 6, 2024, and marked as Exhibit 1. The Board also heard viva voce testimony from Dr. Ismail, Mr. Bernard’s treating psychiatrist.
Index Offences
- The circumstances of the index offences are excerpted from last year’s Reasons for Disposition as follows:
“On June 21, 2016, Trevor Bernard had a normal conversation with his ex-wife. They had been separated for 20 years but had remained friends. About a half an hour later he called her back. She noted that he was not sounding himself and even his voice had changed. He stated that she “needed to be dead” and that she was a “whore mother.” He explained that he “should have killed her, rather than slowly killing himself,” and that he “finally figured out that his mission in life is to kill her”. She feared for her safety.
On June 22, 2016, numerous residents of Alliston observed Mr. Bernard walking down the street holding what appeared to be a handgun and waiving it about. Fearing for public safety, the police conducted a high-risk arrest, drawing their firearms. Mr. Bernard was arrested. The weapon was determined to be an Airsoft pellet handgun.
On June 23, Mr. Bernard showed a neighbour a closed gun case. He told her that it contained a handgun and that he was a federal agent. She feared for her safety. Police attended the scene and found Mr. Bernard carrying an empty gun case and a bible.
On June 24, 2016, officers responded to a weapons’ call in front of the Alliston Canadian Tire Store. One witness reported that a male was holding a black assault rifle that appeared to be an AR-15 and was pointing it at people and their motor vehicles. The male was holding the gun like he was going to use it. Another witness observed Mr. Bernard in a moving taxicab pointing a rifle out the rear side window. His arm was fully extended and he mimicked firing the weapon. The taxi driver who had driven Mr. Bernard to the store asked about the gun. Mr. Bernard told him it was a paint ball gun. While on the move, the driver heard a click and then saw Mr. Bernard with the gun out the window. Mr. Bernard entered the Canadian Tire still holding the rifle. The store manager recognized the weapon as a paint ball rifle. He engaged Mr. Bernard in conversation, during the course of which Mr. Bernard pointed the rifle at the manager's face. The manager used his hand to move it away from his face. When police arrived at the scene they were prepared to use lethal force, as the weapon resembled an M16 rifle. The officer recognized Mr. Bernard from two days before. Mr. Bernard complied with having the assault rifle taken away. He handed over a briefcase that contained medical marijuana and prescription medicine. He told the officer he was in the store to purchase airsoft ammunition. Asked soon after why he was pointing the assault rifle at passing cars, he uttered: "Only at the red ones; well, it's just a red moving target.”
Mr. Bernard’s history and background are outlined in the Hospital Report and need not be repeated here in detail. In brief, Mr. Bernard is 53 years old. He was born in Saskatchewan and has two siblings. Mr. Bernard’s parents are deceased. Mr. Bernard worked in an auto shop for three years before moving to Ontario. After moving to Ontario in 1993, he completed his high school diploma. Mr. Bernard went on to work in an auto parts factory in Tottenham for almost 20 years until January 2016, when he stopped working due to his mental illness. In addition to factory work, Mr. Bernard worked until 2008 as a DJ for extra money. Mr. Bernard is divorced. He has two adult children from his marriage.
Mr. Bernard self-reports a lengthy history of substance use including alcohol marijuana and cocaine. Prior to the index offences, Mr. Bernard had a criminal record beginning in 1988, which includes, inter alia, a conviction for possession of a prohibited weapon.
Mr. Bernard has a history of psychiatric admissions starting in 2008. He is diagnosed as suffering from schizoaffective disorder-bipolar type and unspecified cannabis related disorder and unspecified cocaine related disorder.
Testimony of Dr. Ismail
Dr. Ismail testified that after discharge to the community, Mr. Bernard was readmitted to the Hospital in 2018, 2019, 2021 and 2023, having tested positive for cocaine use. However, this year there has been a big improvement as he has only tested positive for cocaine on two occasions. Last year, Mr. Bernard tested positive for cocaine repeatedly; however, the cycle was broken by bringing him into the Hospital. His mental state remains very fragile. Prior to the index offences, Mr. Bernard had fifteen admissions to hospital related to substance use. The use of cocaine is extremely detrimental to his mental health. Mr. Bernard has very little insight into substance use and his risk of violence or how substance use exacerbates his symptoms. He has been offered treatment programs but has no interest in attending. In addition to cocaine use, medication compliance remains a concern. Mr. Bernard self-reported that he had missed his medication forty to forty-five times due to his pulling “all-nighters”. Medication non-compliance impacts his mental health and leads to high-risk behaviour. A detention order allows for his admission to the Hospital quickly. Currently, he is seen once a week even though his disposition allows for less often.
The Hospital is not in support of him traveling internationally. The Hospital would like to see more compliance with medication and more stability with respect to substance use before they would be inclined to recommend such a privilege. The Hospital is concerned that if he travelled internationally (particularly to the United States) and used drugs or became medication non-compliant the treatment team would be unable to help him. Mr. Bernard has not suggested any international trips to the treatment team, and he has no firm plans they are aware of. Mr. Bernard’s lithium levels are checked regularly but there is no way of knowing how many doses he has missed. His long-acting injectable medication is now administered every 28 days with no deterioration in his mental health. Mr. Bernard reports suffering from a tremor which the treatment team are attempting to help him with. However, the situation is complicated because he is prescribed blood pressure medication that impacts the medication that can be prescribed to treat his tremors.
In 2023, Mr. Bernard travelled for a week to Saskatchewan to attend his brother’s wedding without difficulty. Long-acting medication was a protective factor.
This year Mr. Bernard came very close to losing his housing. The landlord did not start the eviction process but was prepared to do so.
Analysis
The Board accepts the evidence of Dr. Ismail supported by the Hospital Report and finds that Mr. Bernard continues to represent a significant threat to the safety of the public. The Board notes that all parties were in agreement on this issue.
Medication noncompliance remains a salient risk factor for Mr. Bernard. Mr. Bernard continues to demonstrate significant challenges with insight into his mental illness, substance use and consequences of his behaviour. There remain concerns around his impulsivity and poor judgment as demonstrated by his hypersexual behavior and dismissive attitude toward the impact of his actions on others. In this regard, the Hospital Report indicates that Mr. Bernard was close to being issued with an eviction notice for excessive noise (Mr. Bernard has since found another residence). Mr. Bernard’s ongoing non-adherence with medication (the Hospital Report indicates that Mr. Bernard self-reports having missed forty-three doses of methotrimeprazine and lithium on at least one occasion) puts him at a significant risk of destabilization. In the context of destabilization, Mr. Bernard is likely to return to behaviour such as at the time of the index offences. For these reasons the Board finds that Mr. Bernard remains a significant threat to the safety of the public.
The Board further finds that a detention order remains necessary and appropriate to manage Mr. Bernard’s risk to the safety of the public. It is notable that Mr. Bernard has been readmitted to the Hospital on several occasions since his discharge into the community in November 2017. Mr. Bernard is capable with respect to his treatment and the Mental Health Act would not be sufficient to admit him to the Hospital quickly in the face of decompensation due to medication non-adherence and substance use. Furthermore, given Mr. Bernard’s recent difficulties with his housing, it remains necessary for the Hospital to have the ability to approve his residence to ensure that he continues to have a suitable living environment that provides him with support and monitoring. For these reasons, the Board finds that a detention order remains necessary and appropriate.
The Board has considered Mr. Bernard’s wish to travel internationally. The Board recognizes that he can travel in accordance with his current disposition in Canada for a period of up to 14 days and that he did so successfully in 2023, for a week. However, the Board has considered Mr. Bernard’s medication non-adherence and risk of decompensating and find that he is not clinically ready to travel internationally. In such circumstances, it would be difficult for the Hospital to monitor him appropriately to manage his risk to the safety of the public. The Board is also mindful that should Mr. Bernard run afoul of the authorities in another country that he likely could not be returned to Canada expeditiously. In addition, although Mr. Bernard has a passport, he does not have any travel plans and there are currently no extenuating circumstances that would necessitate him travelling internationally. For these reasons, the Board finds that it is neither necessary nor appropriate for international travel to be included in Mr. Bernard’s disposition.
Disposition:
In making a disposition the Board must take into consideration the criteria set out in s. 672.54 of the Criminal Code, which are the safety of the public, which is the paramount consideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused.
For the foregoing reasons, the Board is of the view that Mr. Bernard continues to represent a significant threat to the safety of the public and that there should be no change to his current disposition.
DATED this 26th day of March 2025, at the City of Toronto, in the Toronto Region.
Ms. J. Mills Alternate Chairperson
Office of the Registrar Ontario Review Board