Re Clinten Walker, 2025 CanLII 28959

Re: Clinten Walker

ORB File No: 8217

Hearing held on: Tuesday March 11, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care (Via Zoom Video Conference)

Pursuant to: Section 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. R. Chandrasena Dr. M. Mamak Mr. D. D’Intino Ms. B. Little

Parties Appearing:

Accused: Mr. Clinten Walker

Counsel for Accused: Mr. J. Langlois

The person in charge of hospital: Ms. J. Zamprogna

Attorney General of Ontario: Ms. K. Dalrymple

REASONS FOR DECISION

(Dated March 31, 2025)

Introduction

1. Clinten Walker was found not criminally responsible on January 16, 2023, of five counts of Mischief Not Exceeding $5000 and Failure to Appear or Comply with an Appearance Notice, all contrary to the Criminal Code of Canada (The Code).

2. Following his initial hearing before the Ontario Review Board on April 5, 2023, he was ordered by the terms of a Disposition dated April 18, 2023, to be detained at the Southwest Centre for Forensic Mental Health Care in St. Thomas, Ontario, and was permitted privileges, the most liberal of which allowed him to enter the community of Elgin or Middlesex County, indirectly supervised, and to attend a residential treatment program for up to six months in the Province of Ontario.

3. Mr. Walker is currently subject to a disposition of the Ontario Review Board, (the “Board”) dated April 24, 2024, detaining him at the Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London, and he is subject to conditions inter alia at the discretion of the Person in Charge, and with privileges up to and including to live in the community in an accommodation approved by the Person in Charge.

4. By letter dated January 31, 2025, the Person in Charge of the Hospital advised the Ontario Review Board that Mr. Walker had been subject to a recission of his privileges at the Hospital which amounted to a Restriction of Liberty.

5. On March 4, 2025, the Board received a Hospital Report for the Restriction of Liberty hearing, authored by Dr. J. Quinn.

6. A panel of the Ontario Review Board convened this restriction of liberty hearing, pursuant to Section 672.81(2.1) of the Criminal Code of Canada, on March 11, 2025, to consider if the significant increase in the restriction of Mr. Walker‘s liberty, which started on January 2, 2025 and ended on February 3, 2025, was necessary and appropriate and the least onerous and least restrictive option available to the Hospital to manage his risk in all the circumstances.

Position of the Parties:

7. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. On behalf of the Hospital, Ms. Zamprogna submitted that the Restriction of Liberty was necessary and appropriate in the circumstances.

8. Counsel for the Attorney General supported the hospital position.

9. Counsel for Mr. Walker agreed, and thus the parties presented a joint submission.

Conclusion

10. For the reasons that follow, the panel found that the initial Restriction of Mr. Walker’s Liberty was both necessary and appropriate in the circumstances, and represented the least onerous and least restrictive course of action available to the hospital to manage the increased risk presented by Mr. Walker.

Index Offence(s)

11. The index offenses occurred on April 6, 2022, and August 11, 2022. The following details are excerpted from the most recent hospital report:

At 0620hrs, on Wednesday April 6th, 2022, Oxford County OPP received a call for a heated family dispute – in progress at 354505 Mill Line, Southwest Oxford Township. The complainant, identified as Beverly Walker, reported that Clinten WALKER had just smashed her windows at her residence. The male was currently still outside of the residence yelling at the complainant.

At 0631hrs, Oxford OPP arrived at the scene, and had observed WALKER pacing back and forth between the complainant’s residence and the road. The complainant was then seen leaving her residence, screaming at the male to stay away and that the police need to arrest him. Both parties were separated to prevent any further escalation of the dispute.

A kitchen window facing the street with a glass screen door were observed to be damaged from the outside (Count #1 and Count #2). Upon attempting to engage with WALKER, the male party had spontaneously uttered that he smashed the complainant’s windows because she deserved it. At 0633hrs, PC Frew placed WALKER under arrest for two counts of Mischief – Under $5,000, and handcuffed him to the rear.

At 0635hrs, PC Frew had placed WALKER inside the rear of his cruiser and read him his Rights to Counsel and Cautioned for the offences. He indicated he understood and declined to speak with any legal counsel. There was no remorse expressed by WALKER, and he advised to the Officer that he felt justified in committing his actions.

Officers at the scene attended the residence and spoke with the complainant and her roommate Teresa Pryzkling. Further investigation revealed that WALKER had attended their residence very irate and upset. Upon trying to gain entry, he threw a standing metal rack outside the front door onto the complainant’s vehicle’s windshield and onto Pryzkling’s vehicle’s antenna; causing damage to both (Count #3-#4). WALKER attempted to gain entry by screaming from outside the residence and kicking at the front door. The complainant refused to answer at this time. WALKER then proceeded to throw a coffee mug through the kitchen window. The complainant at this time began calling 911 to report the incident. During the call WALKER proceeded to throw a large rock through the sliding screen door of the residence. Witness statements were taken from both parties, on-site CCTV footage was reviewed and the pictures of the scene were taken.

The complainant expressed concerns for her and Pryzkling’s safety, as WALKER lives next door and there has been a rapid decline in the male’s mental health. Officers were unable to confirm WALKER’s mental health diagnosis, other than that he is very paranoid and willfully chooses not to take his medication.

At 0652hrs, WALKER was advised that he was going to be apprehended under the Mental Health Act and transported to Woodstock General Hospital for an assessment, arriving at 0705hrs.

At 0918hrs, attending physician, Dr. Gray, advised that Woodstock General Hospital would not be holding the male for assessment and released Officers with Walker from the hospital.

At 0927hrs, WALKER was transported from the hospital to the Tillsonburg Detachment, arriving at 0954hrs.

At 1124hrs, WALKER spoke with Duty Counsel, and was satisfied with the legal advice he received. WALKER was held for bail.

On April 6th 2022 police were called to a family dispute regarding Clint and his aunt Beverly. On this day Clint had caused damage to her house and vehicle by smashing the windows in her home and throwing a large metal rack through the windshield of her vehicle. Walker attempted to gain access to the house by screaming at Beverly and kicking the front door. He then proceeded to throw a coffee mug through her kitchen window.

Clint was held for bail and later released. After being released with conditions to report to the John Howard Society within 48 hours Clint refused to do so, resulting in a Summons to be issued by Woodstock P.S.

Beverly advised police that she is very fearful of Clint due to his alcohol and cannabis use and feels the aggression towards her is getting worse and escalating. Clint lives next door to Beverly which is cause for concern for Beverly. Beverly advises that Clint suffers from mental health concerns, and has stated to her numerous times that he is no longer taking his medication as prescribed. Clint also appears to suffer from delusions where he believes he has performed deeds and actions that he has not such as believing his is a Colonel in the Canadian Air Force.

CC 430(1)(a) Mischief – destroys or damages property

Police arrived on scene and located the mailbox on the ground outside of 354505 Mill Line. The mailbox post was broken, and the mailbox itself was dented and not functional. While speaking to witnesses on scene they advised that Clint had walked up to the mailbox with a hammer in his hand and began to attack it. Clint was then located on the deck of his residence with a blue and black hammer in his hand as well as a blue can, later identified as a Labatt Blue beer can. Clint was ordered to drop the hammer and can and advised he was under arrest for mischief.

CC 145(5)(a) Failure to comply with release order – other than to attend court.

Upon further investigation it was determined that on May 27th 2022 Clint was released on a release order with conditions, one of which were as follows: Do not be outside your residence with alcohol in your body. PC Deveau observed Clint drinking a beer outside of his residence, as well as the very strong odour of alcohol emanating from his breath.

Diagnosis

12. Mr. Walker has been diagnosed with Schizophrenia, Alcohol Use Disorder (in remission in a controlled setting), and Cannabis Use Disorder (in remission in a controlled setting. Furthermore, he has also been diagnosed with an Acquired Brain Injury.

13. He is capable of consenting to treatment and managing his own finances.

Evidence at the Hearing

14. Mr. Walker was subject to a Detention Order since his last annual hearing on April 24, 2024, which detained at the Southwest Centre for Forensic Mental Health Care in St. Thomas, Ontario. He had until January 2, 2025, been exercising indirectly supervised community passes.

15. Dr. Quinn testified at the hearing on behalf of the Hospital and adopted the contents of the ROL Report.

16. Dr. Quinn testified that in December of 2024, Mr. Walker stopped attending his volunteer placement at a local food kitchen and began complaining of somatic symptoms. He further ceased attending other recreational CMHA programs and began withdrawing to his own spaces.

17. The Hospital later became aware that about a half-dozen patients had been using crystal methamphetamine on the unit on New Year’s Eve and the following day. Many of these patients were low-functioning and did not have community access and so the Hospital made serious efforts to uncover the source of the methamphetamine distribution.

18. A search of Mr. Walker’s room was conducted, and drug paraphernalia was uncovered, which included bottles of urine, a large amount of cash and a significant quantity of controlled substances. The Hospital concluded that Mr. Walker was either the source of the distribution or part of the distribution with other persons.

19. When confronted with the results of the search, Mr. Walker was evasive and would neither confirm nor deny his involvement. As a result, Mr. Walker’s privileges were reduced to zero on or about January 2, 2025, and that remained the case until February 3, 2025, when he was able to work his way up to Level 7 privileges.

20. During the ROL period, Mr. Walker was connected with a community substance abuse program, completed an intake appointment and was placed on a waitlist. Since then, he has resumed his work with Harvest Hands – his prior volunteer placement – and has also begun a two-month stay in a Hospital housing apartment to simulate independent living and assess his needs in anticipation of a potential release to the community over the coming year.

21. Dr. Quinn testified that the use of substances historically has been associated with a decompensation in his mental status, resultant psychosis, and criminal behaviour such as that which involved in the index offences and a prior index offence which had brought Mr. Walker under the purview of the Ontario Review Board in 2009.

22. Dr. Quinn further testified that Mr. Walker’s level of insight into the impact of substances on his mental health is “superficial and scripted”. He demonstrates significant positive impression management and has not internalized any insight in this regard. Dr. Quinn stated that it is very challenging to address those factors.

Analysis and Conclusion

23. The evidence provided by the Hospital supports Mr. Walker’s reduction of privileges to zero, constituting a Restriction of Liberty. Mr. Walker became withdrawn in late December 2024 and began complaining of somatic symptoms whilst ceasing to attend his volunteer placement. These developments coincided with a discovery that upwards of a dozen Hospital patients had consumed crystal methamphetamine over the course of December 31, 2024, to January 1, 2025.

24. That discovery led to searches of patients’ rooms including that of Mr. Walker. The search uncovered a significant amount of contraband substances, a notable quantity of cash and bottles of urine. According to the ROL report, Mr. Walker was initially evasive when confronted with these discoveries, but eventually apologized for his behaviour and was adamant that he would never use again, but was unable to explain the factors that led to this instance of substance use or what would be different in the future.

25. According to the historical sections of the Hospital Report, Mr. Walker has a history of substance abuse and medication non-compliance, as well as a prior stint under the jurisdiction of the ORB which ended in an Absolute Discharge in 2012. A psychological report authored in November 2023 found that Mr. Walker denied having any issues with alcohol or drugs and greatly minimized the negative impacts substance use has played in his life.

26. These concerns remain relevant considering Dr. Quinn’s evidence that Mr. Walker’s insight into the impact of substance use on his mental status was “superficial” and “scripted” and that he engages in “positive impression management”.

27. The Hospital Report details instances of absconding from Hospital and while in the community in 2023, during his prior stay at Waypoint Centre, and those incidents involved the consumption of substances.

28. In considering the totality of the evidence presented at the hearing, including the information contained in the Hospital Report, the positions of the parties and the testimony of Dr. Quinn, the Panel finds that the significant increase in the restriction of Mr. Walker’s liberty was both necessary and appropriate, and that the least onerous and least restrictive option was utilized by the hospital to manage the risks posed by Mr. Walker in consideration of the totality of the circumstances.

DATED this 31^st day of March 2025, at the City of Toronto, in the Toronto Region.

Mr. D. D’Intino Legal Member

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Office of the Registrar Ontario Review Board