Ontario Review Board
Re: Murray Jerry Klein
ORB File No: 4295
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: Murray J. Klein Counsel: Mr. A. McIver
The person in charge of hospital: Representative: Ms. T. Murdock
Attorney General of Ontario: Counsel: Ms. K. Staats
REASONS FOR DISPOSITION
(Dated March 26, 2025)
On October 18, 2005, Murray Klein was found not criminally responsible on account of mental disorder on a charge of second-degree murder, contrary to the Criminal Code of Canada, (the "Criminal Code").
Mr. Klein is subject to a disposition of the Ontario Review Board (the "Board") dated February 8, 2024, which orders that he be detained at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs Division, Penetanguishene ("Waypoint" or the "Hospital"), with privileges up to hospital grounds beyond the secure perimeter of the hospital, escorted by staff.
On Wednesday, January 22, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Mr. Klein was in attendance and was represented by his counsel, Mr. McIver.
During the first part of the hearing, Mr. Klien interrupted the witness and wanted to address the Board directly. He was told that he would have his turn but he continued to speak. The Board listened to him but then again asked that he allow the witness to give his testimony. Mr. Klien did not stop talking despite multiple requests to do so by the Alternate Chairperson and his own counsel. Ultimately, he was asked to leave the hearing as the hearing could not continue with Mr. Klien speaking over Dr. Ismail's testimony. The rest of the hearing proceeded in the absence of Mr. Klein as permitted by s.672.5 (10)(b)(i) of the Code.
Position of the Parties
At the outset of the proceedings, the parties were canvassed as to their respective positions on the two issues to be examined by the panel: whether Mr. Klein represents a significant threat to the safety of the public and, if so, the necessary and appropriate disposition having regard to the criteria set out in s.672.54 of the Criminal Code.
Ms. Murdock, on behalf of the Hospital, submitted that Mr. Klein continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order. Ms. Staats, on behalf of the Ministry of the Attorney General, and Mr. McIvor concurred with the Hospital's positions. Thus, a joint recommendation was put before the panel. All parties maintained their respective positions at the conclusion of the hearing.
Index Offences and Background:
- The circumstances of the index offences are taken from the most recent Reasons for Disposition, as follows:
"On January 17, 1999, Mr. Klein was residing with his mother. During the course of an argument over Mr. Klein's medications, he grabbed a knife and stabbed his mother in the back. When his brother arrived at the residence, Mr. Klein indicated that his mother was not feeling well. Subsequent investigation revealed that she died from one stab wound to the left lung."
The Hospital Report contains extensive information about Mr. Klein's background and psychiatric history and need not be reviewed here beyond the following highlights. Mr. Klein is a 69-year-old man who was born and raised in Toronto. After completing high school, he enrolled in York University. Unfortunately, he was unable to cope and discontinued his studies.
According to the Hospital Report, Mr. Klein has spent his adult life residing with his mother. She was a Holocaust survivor and reportedly had a diagnosis of schizoaffective disorder. When Mr. Klein was 18 or 19, he began expressing a lot of anger toward his mother. By the age of 22, he was self-isolating, talking to himself, expressing paranoid ideas, and frequently fighting with family members when they attempted to intervene. As a result, there were multiple encounters with police due to his threatening and aggressive behaviour in the home.
Mr. Klein's criminal history includes a number of assault charges that ultimately were withdrawn. In May 1990, he was convicted of assault causing bodily harm for which he received a suspended sentence and probation for 12 months.
The Hospital Report includes details of Mr. Klein's psychiatric care. There were numerous admissions to hospital. He was well known to the Queen Street Mental Health Centre (now the Centre for Addiction and Mental Health/CAMH), with his first admission being in 1979 due to threats toward his mother. He would present as agitated, frustrated and aggressive. On occasion, his mother had to be moved out of the home in order to ensure her safety. Various treatments were tried, including neuroleptics, environmental and psychotherapies, and electroconvulsive therapy (ECT). Once Mr. Klein achieved some improvement in his mental status, he would sign himself out of hospital against medical advice. Often he would then become non-compliant with his medication.
Evidence at Hearing:
- Mr. Klien's progress since his last annual review is summarized in the Hospital Report dated December 10, 2024 as follows:
"Mr. Klein demonstrates a considerable lack of insight into his symptoms, behaviours, legal status, risk for violence, and general course through hospital. He lacks appreciation for the effect his violent behaviours have had on others. He fails to understand the factors that aggravate the course of his disorder. He greatly denies and minimizes the presence of his disorder. He denies the interpersonal consequences of his behaviours. He remains resistant to treatment efforts aimed at improving insight. He continues to deny accountability for his behaviours.
Violent ideation and threats were expressed by Mr. Klein over the past review period. A strong urge to harm others remains evident. In April 2024, Mr. Klein stated "I want to murder my brother, I'll do it". In June 2024, Mr. Klein raised his fists at a co-patient and yelled "get outta her before I kill you". In the same month, Mr. Klein sexually harassed a co-patient and yelled "come have sex with me, come give me a blow job I'll give you money". In July 2024, Mr. Klein shouted "fuck you, you will hang for this, the Supreme Court will hang you". In September 2024, Mr. Klein shouted "get away from me or I'll fucking kill you" to a patient. Mr. Klein demonstrates a hostile attributional bias, and often blames others for his violent intent."
Dr. Ismail testified that he had read and agreed with the Hospital Report's contents including the clinical assessment of risk on page 174.
Dr. Ismail updated the Board that since the Hospital report had been completed, they had been able to get some bloodwork from Mr. Klien which showed a sub therapeutic level of medication. The hospital has since increased the medication but, given that it is difficult to get bloodwork from Mr. Klien, it limits the ability to check that the medication is working. The Hospital continues to slowly increase his medication and is encouraging Mr. Klein to get bloodwork done.
Dr. Ismail stated that Mr. Klien has an ultra treatment resistant form of Schizophrenia. He has previously had a trial of Clozapine which was ineffective. Mr. Klien refuses to have his medication by injection and it can take two to three hours each morning with multiple staff to get him to take his oral medication.
Mr. Klien can be quite racist and homophobic which limits how many staff he can work with. Mr. Klien knows which staff to go to when he is having a problem. Dr. Ismail felt that at another hospital, Mr. Klien would become less medicated and would be likely to decompensate.
Mr. Klein makes multiple threats of violence to both staff and co-patients. He is at real risk of becoming a victim on retaliatory violence within the Hospital and this needs to be carefully monitored. He remains quite paranoid and will often call 911 as he feels his food is being poisoned.
Mr. Klein is living in the Hospital's Awenda unit which is geared toward people with intellectual difficulties. The staffing ratio in this unit is higher than on other units. Dr. Ismail stated that a move to another setting would be destabilizing to him. In another setting, Mr. Klien would likely have less freedom as there would be less staff to help manage him.
Mr. Klein has a brother who is a big support to him. He visits once per month. Sometimes, Mr. Klien accuses his brother of stealing his money.
In response to Ms. Staat, Dr. Ismail confirmed that Mr. Klien continues to have a strong urge to harm both staff and co-patients. The Hospital staff are used to Mr. Klein threatening them and have figured out how to deal with him. They have built a routine around Mr. Klein and he is benefitting not just from the structure and routine but also the personalized approach. Mr. Klein participates in some recreational activities but does not engage in any therapeutic programming.
Mr. McIvor asked Dr. Ismail to confirm that his client had not been charged or convicted of any offences since the index offence. The doctor agreed with this but noted that this was likely due to the level of supervision that Mr. Klein has at the Hospital.
Analysis and Conclusions:
Significant Threat
- There is no dispute among the parties that Mr. Klein continues to pose a significant threat to the safety of the public. The Board makes a finding of significant threat and relies on the following assessment contained in the Hospital Report:
Mr. Klien's "risk is multifaceted, arising from a combination of severe psychiatric symptoms, a lack of insight, a history of aggression, and minimal therapeutic engagement. Mr. Klein demonstrates profound deficits in insight across several domains. He denies or minimizes his diagnosis of schizophrenia and its symptoms, failing to understand the interpersonal and social consequences of his illness.
Necessary and Appropriate Disposition
- The Board finds that the necessary and appropriate and least onerous and least restrictive disposition is a continuation of the current detention order. Medication non-compliance is a salient risk factor for Mr. Klien and even in a highly supervised setting extensive effort by the clinical team is required to ensure his compliance. Mr. Klien requires the level of structure and staffing of his current placement to manage his risk to the safety of the public. The Board notes that Mr. Klien has not required seclusion in the past reporting year and finds that it is likely due to the level of care he is receiving from the staff at Waypoint.
DATED this 26th 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