Ontario Review Board
Re: Jason Derochie
ORB File No: 7883
Hearing held on: Tuesday, January 14, 2025
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. Y. Alatishe Dr. G. Kerry Mr. K. McKenna Ms. K. Brisson
Parties Appearing:
Accused: Jason Derochie Counsel: Mr. A. Sheivari
The Person in Charge Representative: Dr. J. Gray
Attorney-General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION (Dated April 2, 2025)
Introduction
On May 5, 2021, Jason Derochie was found not criminally responsible on account of mental disorder (NCR) on charges of arson (damage to property), taking motor vehicle without consent, and uttering threats to cause death or bodily harm all contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board dated January 22, 2024, ordering his detention at the Secure Forensic Unit of the Brockville Mental Health Center (the Hospital) with privileges up to and including residence in the community of Eastern Ontario in accommodation approved by the person in charge.
On Tuesday, January 14, 2025, the Board convened a hearing to review Mr. Derochie’s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Derochie was present at the hearing and represented by Counsel, Mr. Sheivari.
The issues to be determined at the hearing were whether Mr. Derochie continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, determine what is the necessary and appropriate disposition which is also the least onerous and least restrictive taking into account the factors set out in section 672.54 of the Criminal Code.
Positions of the Parties
- 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. The Hospital representative advised that the position of the Hospital was that Mr. Derochie continued to represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current detention order with the following changes to the terms:
The deletion of the term 4(d) of the current disposition prohibiting him from operating a motor vehicle
Amendment of term 4(e) to change the minimum reporting requirement from once per week to once every two weeks.
The addition of the privilege of passes for up to seven days indirectly supervised.
- Counsel for Mr. Derochie supported the hospital recommendation. Counsel for the Attorney General advised that he supported the hospital position save and except for the recomendation of the removal of the prohibition from driving a motor vehicle. With respect to that recommendation, he wished to reserve his position pending hearing the evidence.
Evidence at the hearing
- The evidence at the hearing consisted of a copy of Mr. Derochie’s criminal record (Exhibit 1), the Hospital Report dated December 20, 2024 (Exhibit 2), and the oral evidence of Dr. Gray, Mr. Derochie’s treating psychiatrist.
Findings:
- For the Reasons that follow, the Board finds that Mr. Derochie 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 with the changes recommended by the Hospital.
Index Offence(s):
- The circumstances surrounding the index offences taken from last year’s reasons for disposition are as follows:
May 30, 2020
Mr. Derochie was observed attending his residence in the afternoon by video cameras at both his own residence and from a house across the street. Between 16:30 and 16:58, Mr. Derochie and an unknown female arrived at the house and made several trips into and out of the home. At one point, Mr. Derochie is seen carrying a large blue jug to the rear of the house and the windows are opened on the second floor. At 16:58, Mr. Derochie was inside the house for a final time while the female remained outside. He then exited and they drove away quickly from the residence. Within 90 seconds smoke was visible from the front windows on the second floor and neighbours called the fire department. When police attended to conduct an origin and cause investigation, it was discovered that the smoke alarms had been removed, furniture was placed in the doorways to impede firefighter entry and there was a separate non-communicating fire on the stairwell landing. The motive for the fire was unknown as there did not appear to have been an insurance claim submitted. The police investigation determined that the fire was incendiary in nature and Mr. Derochie was charged with arson.
June 1, 2020
Mr. Derochie attended the home of his parents at approximately 20:15 in the evening. He walked into the home using the garage door entrance and then took the keys to his father’s handicapped-accessible van from their storage location. He went into the driveway and got into the vehicle, then drove it into the garage door. He reversed out of the garage and drove into it again, then reversed out of the garage and into it for a third time. The total damage to the vehicle was estimated to be $85,000. The total damage to the residence was estimated to be $31,000. Mr. Derochie then got out of the vehicle, approached his father and stated, “I’m gonna fucking kill all of you, wait and see”. Mr. Derochie then left the residence in his own vehicle and the police attended to take a statement from his father.
The following day, June 2, 2020, at approximately 20:35 hours, Mr. Derochie returned to his parents’ residence and asked where his car was. His father said that he did not know where Mr. Derochie’s car was located, and the latter left. Mr. Derochie was arrested later that night.
Background Information Regarding the Accused:
Mr. Derochie is currently 47 years of age and single. He has a nine-year-old daughter who lives with his ex-wife, and a teenage son who lives with his mother. At the time of the index offences, he lived in his own home in Ottawa and was financially supported by successful crypto currency investments.
He advises that he was suspended several times in high school for consuming drugs on school property. He did not complete high school on time but subsequently did complete high school through an adult high school program.
Substance Use History
- Mr. Derochie has a significant history of cocaine use commencing when he was 14 or 15 and at times consumed very large quantities. Prior to the index offences he was using methamphetamines and cocaine daily.
Criminal history
- Mr. Derochie’s criminal history includes the following convictions:
Driving while impaired (alcohol), 1998
Assault, 2002
Failure to comply with recognizance, 2010
Possession of a Schedule 1 substance, 2010
Assault with intent to resist arrest, 2010
Failure to comply with probation order, 2011
Uttering threats, 2013
Mischief under $5,000, 2013
Breach of recognizance, 2013
Psychiatric History
Mr. Derochie indicates that he began hearing voices in late 2017 and that the voices became more intense when he was using cocaine. The voices began telling him to do things and he believed that the voices were controlled by his daughter’s mother, by government intelligence services such as CSIS, or the American aerospace company and weapons contractor, Lockheed Martin.
Mr. Derochie’s first admission to hospital with respect to mental health related issues was in July 2019 when he was admitted to the Ottawa Hospital (TOH) for suspected substance-induced psychosis and stimulant use disorder. Police had been called to his home and he was tasered when he became aggressive. It was noted that he had been attempting to enter neighbours’ homes and appeared disorganized and responding to internal stimuli when brought to hospital. He stated that his home was bugged with surveillance equipment and that his neighbours were running a human trafficking ring which he needed to disrupt.
After commencing antipsychotic medication, he improved significantly and gain insight to the delusional nature of his beliefs about human trafficking in his neighbourhood. He was referred to follow-up in the outpatient psychiatry department but failed to attend. Although he agreed to continue taking antipsychotic medication after discharge he stopped taking the medication after approximately one week.
In October 2020 Mr. Derochie attended at the emergency department of a hospital stating that he needed a CT scan because “his neck might have been implanted with some devices” which were causing him to hear voices. He also stated that he had been discharged from a substance abuse treatment program about a week prior. He was diagnosed with Psychosis Not Otherwise Specified and it was noted that he had experienced auditory hallucinations and referential delusions “with or without using substances”. He agreed to take antipsychotic medications and follow up with his family doctor but did not participate in any follow-up care.
Several days after his discharge he was admitted again to hospital after his mother found him unconscious in his bed with an empty bottle of hydromorphone and cocaine at his side. He was admitted to hospital because his blood oxygen saturation continued to be low but stabilized over the first 24 hours in hospital. After two days he left hospital against medical advice. No evidence of psychosis was noted during the admission.
In December 2020 Mr. Derochie was again admitted to hospital while living with his parents as a condition of his judicial interim release with respect to the index offences. Upon admission he reported auditory hallucinations and believed that he had a device in the back of his head which he hoped to have removed while in hospital. He stated that his actions resulting in criminal charges were “because of auditory hallucinations that told him to do these acts”. While in hospital he refused antipsychotic medications but improved after several days. The discharge diagnoses were cocaine induced psychosis and antisocial personality traits. It was noted that his presentation was suggestive of a primary substance-induced psychosis because the psychotic symptoms fully resolved without treatment and a brief period of time.
Current Diagnosis
- Mr. Derochie’s current diagnoses are:
Unspecified Schizophrenia Spectrum and other Psychotic Disorder
Cocaine and Amphetamine Use Disorder, in sustained remission
Generalized Anxiety Disorder
ADHD - by history
Evidence of Dr. Gray
- Dr. Gray advised that Mr. Derochie had been transferred to the Hospital on March 23, 2023, and that he took over his treatment in July 2024. Mr. Derochie has done well and there had been no evidence of substance use and it appeared that Mr. Derochie had been abstinent for over two years. Until recently he had checked in with the substance abuse counsellor on a weekly basis but that had been changed to biweekly recently. He had been compliant with prescribed medications and displayed no symptoms of his mental illness.
Back
Dr. Gray indicated that Mr. Derochie had been discharged to his parents’ residence on November 19, 2024, after successfully completing a 60-day trial leave. There have been no concerns since discharge. During his trial leave the treatment team met with him at his residence twice per week but currently staff meet with him once per week.
Dr. Gray noted that Mr. Derochie’s prior discharge had fallen apart including use of substances, significant decompensation and a Form 49 and was required to bring him back to Hospital. He also advised of the strong and direct connection between substance use and Mr. Derochie’s mental health.
Dr. Gray noted that Mr. Derochie had indicated that he wished to move from his parent’s place to his own residence and that the hospital was of the view that any new residence would need to be approved by the treatment team.
With respect to the request to delete the driving prohibition from the disposition Dr. Gray advised that Mr. Derochie was residing in a rural environment with extremely limited public transportation and that it would be of great assistance to his parents if he were able to drive them to medical appointments and other errands. It would also be of use to him to assist in reestablishing connections with his 13-year-old daughter as well as to allow for more social interactions in the community. In Dr. Gray’s opinion is ability to be able to drive was a significant part of his recovery.
Dr. Gray advised that in his opinion, the provisions of the civil mental health system would be insufficient to manage risk. He noted that Mr. Derochie decompensate quite quickly and when unwell was a significant risk of causing serious physical or psychological harm to members of the public.
In response to questions from counsel for Mr. Derochie Dr. Gray advised that, if the next reporting year went well, it was entirely possible that the hospital would recommend a conditional discharge at his next annual review.
In response to questions from panel members Dr. Gray indicated that he based his opinion with respect to risk on numerous historical risk factors, his failed prior discharge and elopement.
Final Positions of the Parties
Both the Hospital and counsel for Mr. Derochie maintained their initial positions with respect to continuation of the detention order with the changes recommended by the hospital.
Counsel for the Attorney General indicated that, although he continued to support the Hospital’s position with respect to all issues save and except for the deletion of the driving prohibition, having heard the evidence he submitted that the deletion of the driving prohibition would place the public at undue risk and accordingly the prohibition should be maintained. He pointed to Mr. Derochie’s prior conviction for impaired driving in 1998 as well as the circumstances surrounding the index offences which involved motor vehicles and consumption of intoxicants.
Analysis and Conclusion, Significant Threat:
Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Mr. Derochie does represent a significant threat to the safety public. Mr. Derochie suffers from a psychotic disorder which has resulted in behaviour putting members of the public at significant risk of both physical and psychological harm. Although he currently is adherent to medication and abstinent from substance use, he has a long history of substance abuse and his last discharge from hospital fell apart with the use of substances and significant decompensation and a return of psychotic symptoms. He also has a history of elopement.
The Hospital report notes that Mr. Derochie’s risk is well managed currently by the outpatient team. However, without the support of the treatment team it is likely that he will have future problems with professional services and plans particularly in the area of substance abuse treatment and is also at risk for future problems with treatment or supervision response given his history of difficulties in this area.
Analysis and Conclusion, Necessary and Appropriate Disposition:
The Board finds that the evidence amply supports a finding that the necessary and appropriate disposition is a detention order on the terms as recommended by the Hospital. Mr. Derochie has a history of rapid decompensation in the community as well as a lengthy and significant history of use of intoxicants resulting in behaviours putting the public at significant risk of physical and/or psychological harm. In the spring of 2022 while residing at his parent’s residence, he returned to the use of substances and suffered a significant decompensation. Although there have been no issues since his discharge in September 2024, it remains early days and his desire to leave the family residence and find a place of his own could create significant stressors for him increasing his risk of returning to the use of substances resulting in rapid decompensation. Given those concerns, it is important that the Hospital be able to approve accommodation to ensure that unnecessary stressors can be avoided. It is also to be noted that if unwell, it is unlikely that Mr. Derochie would return to hospital voluntarily given his history and the Board accepts the opinion of Dr. Gray that the provisions of the civil mental health system would be insufficient to manage risk.
With respect to the recommendation that the prohibition from operating motor vehicle be removed from the disposition, although the Board understands the concerns raised by counsel for the Atty. Gen., we find that balancing the need to protect the public which is the primary consideration and Mr. Derochie’s reintegration into the community and other needs that a continued prohibition from operating a motor vehicle is not necessary. Mr. Derochie has been abstinent from substances for over two years and is adherent to medication, his personal circumstances as outlined by Dr. Gray make it important that he be able to drive in order to assist his parents, reestablish relations with his daughter and reintegrate into the community.
DATED this 2nd day of April, 2025 at the City of Toronto, in the Toronto Region.
Mr. R. Bigelow
Alternate Chairperson
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Office of the Registrar
Ontario Review Board