Re: Rick Hazzard
ORB File No: 6608
Hearing held on: Friday, February 7, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. S. Lessard Dr. L. Leong Mr. P. Capelle Mr. A. Bouvier
Parties Appearing:
Accused: Rick Hazzard (via Zoom) Counsel: Mr. T. Whillier
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
On September 26, 2014, Rick Hazzard was found unfit to stand trial on the charge of assault, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Hazzard is currently subject to a Disposition of the Ontario Review Board (the "Board") dated December 27, 2023, detaining him at the All-Male Secure Forensic Unit of the Centre for Addiction and Mental Health, Toronto (“CAMH”), with privileges up to live in the Greater Toronto Area in 24 hour a day supervised accommodation approved by the person in charge.
On February 7, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Hazzard’s participation by Zoom from his residence was requested and approved per s. 672.5(10) of the Criminal Code.
Without Prejudice Position of the Parties
The issues to be decided at this hearing involve Mr. Hazzard’s fitness to stand trial and if a determination that he continues to be unfit, the necessary and appropriate disposition for the coming year.
Dr. Darby, on behalf of the hospital, recommended that Mr. Hazzard remains unfit and continues to represent a threat to public safety such that the appropriate disposition is a continuation of the current detention disposition absent any changes.
Mr. Coughlan, on behalf of the Crown, was supportive of both of the hospital recommendations.
Mr. Whillier, on behalf of Mr. Hazzard, advised that his client was unable to provide meaningful instructions with regard to either issue.
Background and Alleged Index Offences
The Hospital Report dated January 22, 2025, (Exhibit 1), provides detailed background information regarding Rick Hazzard, a 35-year-old man born in Grenada and need not be repeated. Briefly, as a kindergartener, Mr. Hazzard showed concerning behaviors. His mother, Doreen Arnold, reported he would wander away from home, approximately twice weekly, without telling anyone, Mrs. Arnold consulted multiple doctors, including psychiatrists, but none provided a diagnosis. She moved him to a special education school where he remained for 10 years until age 15.
Mr. Hazzard was returned to CAMH in November 2019. Following several incidents, he was placed in the secure South Pod with assigned staff under a Protective Devices Plan. He has no history of substance use or criminal convictions. He was discharged to a highly supported community residence in November of 2024.
In 2001, Mrs. Arnold immigrated to Canada while Mr. Hazzard stayed in Grenada with his grandmother. Mrs. Arnold maintained phone contact, though her son struggled with conversation. Mr. Hazzard joined his mother in Canada in 2012. Shortly after arrival, he received a formal diagnosis of Severe Autism and Pervasive Development Delay from Dr. Kumar at Unison Health. His wandering behavior continued in Canada, often resulting in hospital visits where staff had difficulty communicating with him.
By the spring 2013, Mr. Hazzard's family could no longer supervise him or prevent his wandering. Due to aggression toward his sister, police advised she should not be alone with him.
Mrs. Arnold connected with community agencies to help manage Mr. Hazzard's wandering. A 2014 report by Vita Community Services noted additional challenging behaviors including inappropriate touching, public masturbation, and physical aggression. A behavioral plan was created to address these issues.
In September 2014, Mr. Hazzard was found unfit to stand trial and admitted to CAMH the following month. He showed poor impulse control, was intrusive with staff and patients, and displayed unpredictable sexually inappropriate behavior that sometimes required seclusion.
A May 2015 assessment found Mr. Hazzard had severe communication deficits, with vocabulary and comprehension skills of a 3-4 year old. Later that month, with his mother's consent as his substitute decision maker, he was placed in CAMH's secure South Pod area as an environmental restraint.
In December 2015, Mr. Hazzard transferred to Waypoint Centre for Mental Health Care for specialized treatment for people with intellectual disabilities. In 2016, a bed became available through Developmental Services of Ontario, but he was deemed inappropriate given his functioning level and need for an all-male setting due to his tendency to inappropriately touch women.
The circumstances of the alleged index offences are taken from last year’s Reasons for Disposition as follows:
“On September 11, 2014, Mr. Hazzard was in the common area of the Council Fire drop in centre in downtown Toronto. He approached a woman and her one-year old daughter. He came closer than what is normally acceptable to speak with someone and just stared at them. He was told by a witness to leave them alone. Mr. Hazzard left the area and then returned a short time later and again went straight towards the woman and child. At this time the woman was sitting in a chair with the child standing between her legs. Mr. Hazzard struck the child once on the left side of her face with a closed fist. He then ran to another area of the building where he was found and arrested by police.”
Current Diagnoses
Pervasive Developmental Disorder &
Intellectual Disability.
Evidence at Hearing
Dr. Darby gave evidence for the hospital. Although not this patient’s most responsible physician, he had spoken with Mr. Hazzard’s inpatient psychiatrist, as well as outpatient psychiatrist Dr. Van within two weeks of this hearing.
Mr. Hazzard was discharged to a high support Reena residence in November 2024. Since then, he has done well in tandem with high levels of staffing and engaged in programming four days a week, two hours each day. He has also enjoyed a number of visits with his mother.
There have been two notable incidents of aggression. The first occurred on January 6, 2025 when he slapped a staff and was subsequently placed in a restraint chair until he calmed. The second occurred on January 20th when he attempted to punch the same staff. He was again placed in a restraint chair and calmed within 20 minutes. It was noted that these incidents occurred with a staff member with whom the patient ordinarily has a good relationship.
There is a degree of tolerance with current Reena staff that would not cause him to lose housing associated with his aggressive acts. It remains difficult to identify Mr. Hazzard’s triggers for aggression.
As indicated in the Hospital Report, Mr. Hazzard is clearly permanently unfit but due to the ongoing incidents of aggression it is inappropriate to recommend that his case be returned to court for a possible stay of charges against him.
Mr. Hazzard has not been provided with any fitness training over the past year. His residence is shared with one other patient. At that residence he is provided with 2:1 staffing and accompanied on a 4:1 basis when transported to CAMH.
Responding to questions from Mr. Coughlan, Dr. Darby advised that it is not anticipated that this new community placement will assist Mr. Hazzard’s ability to regain fitness.
Closing Observations
All parties maintained their initial positions.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Hazzard continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Hazzard continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Darby that Mr. Hazzard continues to pose a significant threat despite being permanently unfit. The Board also relies on the Hospital Report and in particular the most recent Clinical Risk Factors/Re-offence Scenario, contained at pages 32-33, reproduced below for ease of reference:
Mr. Hazzard’s risks arise from his diagnosis of intellectual disability, and pervasive developmental disorder. He can misinterpret the actions or intentions of others and can respond in a behaviourally dysregulated, and sometimes violent manner including striking an individual. The index offense is clearly very significant, and given his cognitive impairment, he has no insight into this incident. At Waypoint and on the forensic units at CAMH, there has been an overall reduction in his aggressive behaviour, felt to be secondary to significant staffing and support, as well as interventions to mitigate risk of assault to co-patients (such as staying in South Pod). Despite this, there have been a number of incidents of minor aggression, and more serious incidents as described above. Further incidents of impulsive aggression are highly likely to occur again due to frustration, or due to misinterpretation of the actions or intentions of others, or in response to provocation from others. Adequate and specialized support by individuals who are aware of, and experienced in dealing with Mr. Hazzard’s developmental disorder will mitigate this risk. Changes of his environment, increase in stress, increase in stimulation, or changes in routine, would most likely be significant in increasing his risk to others.
Another significant issue is his history of sexual disinhibition, although this has been less of a problem over the past two years. He can be intrusive and sexually inappropriate towards females, involving staring at females (sometimes when fondling himself), and touching and following females. This is again a product of his intellectual impairment and pervasive developmental disorder, in failing to recognize social cues and boundaries, and to inadequately regulate his behaviour. He requires redirection by staff, but generally responds well to this redirection.
Inappropriate, though not overtly aggressive touching is ongoing, and highly likely to continue in the near future particularly towards females. In the current environment, staff are at highest risk, but in other settings, female co-residents or members of the general public could also be at risk.
The Board therefore accepts that absent an ORB Disposition, Mr. Hazzard would likely become non-compliant with prescribed medications which would lead to decompensation, and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Hazzard will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Hazzard continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Hazzard’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Hazzard provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Hazzard needs, the Board was attentive to the recent incidents of aggression reported by the highly supportive residence he was discharged to this past November. The fact that the incidents described above have not jeopardized his placement confirms he is properly placed and supported by trained staff capable of dealing with his aggressive acts which are likely to continue given the unknown source of his triggers.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Hazzard poses to the safety of the public while still meeting his needs, is a Detention Disposition absent any changes.
In making this Disposition, the Board carefully considered the joint position of the parties and the evidence of Dr. Darby and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Hazzard’s mental condition, his reintegration into society and other needs.
DATED this 4th day of April, 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Legal Member
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Office of the Registrar
Ontario Review Board