Re: Jhaydn Fowler
ORB File No: 7488
Hearing held on: Thursday, February 6, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. S. Lessard Dr. L. Leong Ms. C. Finley Mr. A. Bouvier
Parties Appearing: Accused: Jhaydn Fowler Counsel: Mr. A. Rai
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated April 4, 2025)
Introduction
1On January 16, 2019, Jhaydn Fowler was found not criminally responsible on charges of assaulting a peace officer with a weapon or causing bodily harm and assaulting a peace officer, contrary to the Criminal Code of Canada. Mr. Fowler is currently subject to a disposition of the Ontario Review Board (ORB/the Board), dated February 22, 2024, detaining him at the General Forensic Unit of the Centre for Addiction and Mental Health, Toronto (CAMH/the hospital), with discretionary privileges up to and including the ability to reside in the community in accommodation approved by the person in charge.
2On February 6, 2025, the Board convened a panel to conduct the annual review of Mr. Fowler’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Fowler was present and represented by his counsel, Mr. Rai.
3At the outset of the proceedings, all parties were canvased as to their positions on the issues to be determined by the Board: whether Mr. Fowler continues to represent a significant threat to the safety of the pubic, and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
4Dr. Darby, on behalf of the hospital, submitted that Mr. Fowler continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a discharge with conditions, including a requirement that Mr. Fowler continue to reside at his present residence. Mr. Coughlan, on behalf of the Ministry of the Attorney General and Mr. Rai concurred in the hospital’s positions. Mr. Rai specifically conceded the issue of significant threat. Thus, a joint recommendation was put before the panel.
Findings
5For the reasons that follow, the Board finds that Mr. Fowler continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a discharge with the conditions as recommended and agreed to by the parties.
The Evidence
6The evidence at the hearing consisted of the Hospital Report, dated January 21, 2025 (ex. 1), and