Re: Justin Blasdell, 2025 CanLII 28961

Ontario Review Board

Re: Justin Blasdell

ORB File No: 6903

Hearing held on: Wednesday February 19, 2025

Place of Hearing: St. Joseph’s Healthcare Hamilton

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. R. Bigelow

Members: Dr. S. Simpson Dr. M. Kalia Mr. S. Doherty Ms. L. Maunder

Parties Appearing:

Accused: Justin Blasdell Counsel: Ms. C. Whillier

The Person in Charge Counsel: Ms. L. Barney

Attorney-General of Ontario: Counsel: Ms. C. Gzik

REASONS FOR DISPOSITION

(Dated April 2, 2025)

Introduction

1. On February 9, 2016, Mr. Blasdell was found not criminally responsible on account of mental disorder (NCR) on charges of assault with a weapon and aggravated assault contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board (the Board) dated February 21, 2024, ordering his discharge subject to conditions.

2. On Wednesday, February 19, 2025, the Board convened a hearing at St. Joseph’s Healthcare Hamilton to review Mr. Blasdell’s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Blasdell was present and represented by Counsel, Ms. Whillier. Also present at the hearing were Mr. Blasdell’s caseworker from Good Shepherd Homes, his partner, his sister and a friend.

3. The issues to be determined at the hearing were whether Mr. Blasdell continued to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition which was also the least onerous and least restrictive, taking into account the factors set out in section 672.54 of the Criminal Code.

Initial Positions of the Parties

4. 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. Counsel for the Hospital advised that it was the position of the Hospital that Mr. Blasdell no longer constituted a significant threat to the safety of the public and accordingly was entitled to be discharged absolutely.

5. Counsel for the Attorney General indicated that she wished to reserve her position pending hearing the evidence.

6. Counsel for Mr. Blasdell supported the Hospital position.

Evidence at the Hearing

7. The evidence at the hearing consisted of the Hospital Report which included as an attachment a report from Good Shepherd Homes where Mr. Blasdell resides and attends programming, the oral evidence of Dr. Shariati, Mr. Blasdell’s treating psychiatrist, and the oral evidence of Ms. M. Hunt, Mr. Blasdell’s case manager.

Findings:

8. For the Reasons that follow, the Board finds that Mr. Blasdell no longer represents a significant threat to the safety of the public and accordingly is entitled to be discharged absolutely.

Index Offence(s):

9. The circumstances surrounding the index offences taken from last year’s reasons for disposition are as follows:

On Friday, August 21, 2015, Brantford Police received a report of a patient that tried to stab another patient with a butter knife within the Mental Health Unit of Brantford General Hospital located at 225 St. Paul Ave, in the City of Brantford. Further investigation revealed that at approximately 5:00 p.m., on Friday, August 21, 2015, the accused, Justin BLASDELL, had attacked the victim, [M.L.], with a metal butter knife in an unprovoked assault. The victim was seated in the lounge of the mental health unit after being discharged and was filling out paperwork with his back to the accused. The accused was in the dining area, and without warning or provocation grabbed a metal butter knife, ran at the victim and stabbed him in the right shoulder blade with such force that the butter knife bent almost 90 degrees.

The accused was immediately removed by mental health nurses and first aid was rendered to the victim. The victim was extremely fortunate that the stab wound which was received to his shoulder blade only resulted in a superficial cut approximately two inches in length which did not require medical treatment. Had the location of the stab wound encountered softer tissues, the victim’s injuries would, without a doubt, have been more severe if not fatal.

The accused is diagnosed with schizophrenia and hears a voice named ‘George’. The voice told the accused that the victim is a child molester who hurts children and that he needs to be stabbed. It was also learned that on Wednesday, August 19, 2015 the accused had assaulted another patient with a tennis racket in the recreation area after the voice in his head told him that the patient was a child molester; this was not reported to police and handled internally. As a result of this police investigation the accused stands charged with assault with a weapon contrary to Section 267(1)(a) of the last 20 verse three Criminal Code of Canada.

On Friday, November 13, 2015 at approximately 5:00 pm Sarah BREEDS attended St. Joseph’s hospital in Hamilton, Ontario to pick up her son, Justin BLASDELL. Blasdell was diagnosed with schizophrenia approximately two years ago BLASDELL has been residing at St. Joseph’s Hospital since August 2015. After months of residing at St. Joseph’s Hospital without any privileges (due to his violent behaviour), doctors had granted BLASDELL a weekend pass. Blasdell, Justin 5 MRN: 1549176 CSN: 327412442 BLASDELL had recently been prescribed a new medication, Clozapine 100mg to assist with treating BLASDELL. BLASDELL’s behaviour had improved. He was pleasant, participated in activities and did not display any violence within the hospital towards staff or other residents. After departing the hospital, BREEDS and BLASDELL returned to BREED’s residence located at 150 Darling Street, unit #1004. BREEDS shares the apartment with her current boyfriend of nine years, [N. B.]. BREEDS and BLASDELL remained in the apartment and, BREEDS and BLASDELL had dinner together and then watched a movie. [N. B.] returned home with groceries and then retired to his bedroom in order to allow BREEDS and BLASDELL some time together alone. BREEDS exited the living room to use the facilities, and when she returned BLASDELL was still seated on the couch. BLASDELL was seated with a pillow on his lap and his arms folded on top. Shortly thereafter, BLASDELL stood up, exited the room and walked into [N. B.]’s bedroom where [ N. B.] was lying in bed. BLASDELL produced a black kitchen knife with a 6” blade from under the pillow and stabbed [N. B.] in the stomach in an unprovoked assault. The stab wound was approximately 3” in length but the depth was unknown. The accused is diagnosed with schizophrenia and hears voices. The voice told the accused that the victim is a child molester who had hurt his (BLASDELL’s) nieces. [N. B.] yelled for help at which time, BLASDELL left the apartment and threw the knife in the garbage chute. BLASDELL then fled the scene. BLASDELL was located and arrested a short time later in the area. The victim required surgery to repair the injury to his bowel.

Background Information Regarding the Accused:

10. Mr. Blasdell is the only child of Rick Blasdell and Sarah Breeds. His parents separated when he was two years of age. His mother struggled with drug abuse and Mr. Blasdell was placed in the care of the Children’s Aid Society when he was eight years of age. Health records indicate that he suffered physical and perhaps sexual abuse while in foster care. He was returned to the care of his mother for a period of time, but for approximately two years prior to his admission to hospital he lived with his girlfriend’s parents and on the couches of friends. Mr. Blasdell left school after he completed grade 9 and had a limited work history prior to the index offences.

Psychiatric History

11. Prior to the index offences, Mr. Blasdell had been hospitalized for psychiatric care on seven occasions. Symptoms noted on admission included auditory hallucinations, depression and bizarre behaviour. He has a history of failing to adhere to recommended medication after discharge from hospital and failure to engage in follow-up treatment in the community.

Current Diagnosis

12. Mr. Blasdell’s current diagnoses are

• Schizophrenia

• Cannabis Use Disorder, in sustained remission

• Stimulant Use Disorder, in sustained remission

• Social Anxiety Disorder

• Generalized Anxiety Disorder

• Attention Deficit Hyperactivity Disorder

Legal History:

13. Mr. Blasdell has no criminal history either as a youth or as an adult.

Evidence of Dr. Shariati

14. Dr. Shariati advised that he had been Mr. Blasdell’s attending psychiatrist since February 2024 and that he had read and adopted the contents of the Hospital Report. By way of update he indicated that Mr. Blasdell continued to do well in the community. He currently meets with his case manager every two weeks and with Dr. Shariati monthly. He has been accepted into the Schizophrenia Outpatient Clinic and has his first appointment with his caseworker coming up the week after the hearing and his initial meeting with his outpatient psychiatrist has been scheduled for March of this year.

15. Dr. Shariati stated that Mr. Blasdell had a good reporting year. He has been on a good trajectory since at least 2023. He noted that Mr. Blasdell had not experienced any positive symptoms of his psychosis since 2019 and that negative symptoms were well under control. He had been fully adherent with medication throughout the reporting year and took his medication independently. He also noted that Mr. Blasdell had not shown any violence or aggression since the time of the index offences.

16. Dr. Shariati noted that Mr. Blasdell has a long history of substance use and had been admitted to hospital on a number of occasions since his discharge into the community on a voluntary basis after substance use. However, Mr. Blasdell has been completely abstinent since April 2023 and has continued his involvement in substance use counselling.

17. Dr. Shariati stated that Mr. Blasdell has a history of being honest and forthright with the treatment team and that his abstinence is internally motivated. In his opinion, should Mr. Blasdell be tempted to use substances he would seek assistance from the Schizophrenia Outpatient Clinic as well as his partner and family members.

18. Dr. Shariati advised that Mr. Blasdell has been working on a consistent basis throughout the reporting year and that his use of clonazepam was gradually decreased over the year and completely stopped in March 2024. He uses PRN lorazepam on average twice per week and otherwise uses coping skills to manage his anxiety.

19. In response to questions from counsel for the Attorney General, Dr. Shariati stated that Mr. Blasdell was initially discharged into the community in 2017, has been the subject to a conditional discharge since 2019 and that all of his admissions to hospital were voluntary, the last being in April 2023. His insight into his illness and the negative impact of substance use on his mental health is well-developed and that he managed a loss of employment and subsequent financial difficulties well by seeking and obtaining appropriate assistance and managed to find further employment expeditiously.

20. In response to questions from counsel for Mr. Blasdell, Dr. Shariati confirmed that Mr. Blasdell’s partner understood his illness and was well aware of who to contact for support if necessary.

21. In response to questions from panel members with respect to why Mr. Blasdell had been so successful over the last several years, Dr. Shariati indicated that it likely included general aging and maturing as well as establishing a social network including his partner who did not use substances.

Evidence of Ms. Hunt

22. Ms. Hunt indicated that she was a case manager and occupational therapist for the Hospital, that she had been involved in Mr. Blasdell’s care since 2016 and had been his case manager for the last three years. She noted that he had always been honest with her. She believed that over the time she had worked with Mr. Blasdell he had matured significantly and now has strong internal motivation to continue with treatment and remain abstinent from substances. She also confirmed that the achieved his high school diploma in 2017.

Final Positions of the Parties

23. At the conclusion of the hearing both counsel for the Hospital and counsel for Mr. Blasdell maintained their initial position that Mr. Blasdell no longer represented a significant threat and therefore was entitled to be discharged absolutely. Counsel for the Attorney General advised that, having heard the evidence, she was now also of the view that Mr. Blasdell no longer represented a significant threat and was entitled to be discharged absolutely.

Analysis and Conclusion, Significant Threat:

24. The Board is satisfied that the evidence amply supports what became a joint submission at the conclusion of hearing. The Hospital report summarizes Mr. Blasdell’s current status and risk of violence with which the Board agrees as follows:

Mr. Blasdell has continued to make positive strides in his community reintegration. He has secured and maintained full-time employment in waste management, which has provided structure, financial stability, and routine. He has also transitioned to independent living with his girlfriend, successfully managing housing, finances, and daily responsibilities. His relationship has provided additional emotional and social support, further reducing the risk of social isolation or destabilization.

From a forensic risk perspective, Mr. Blasdell’s risk of violence was historically linked to active psychotic symptoms, which have been fully controlled for several years. His risk of psychotic relapse remains low, given his consistent medication adherence, insight, and stable community supports. His risk related to substance use is low, with sustained abstinence and ongoing engagement in relapse prevention. There have been no incidents of aggression since his forensic involvement began, and his psychiatric symptoms remain well managed.

Given the absence of active symptoms, full compliance with treatment, sustained abstinence from substances, and demonstrated ability to function independently in the community, Mr. Blasdell no longer meets the legal threshold for significant threat to the safety of the public.

25. The Board finds that Mr. Blasdell no longer represents a significant threat to the safety of the public as defined in the Criminal Code and the case law and accordingly directs that he be discharged absolutely.

DATED this 2^nd^ day of April 2025, at the City of Toronto, in the Toronto Region.

Robert Bigelow

Alternate Chairperson

Office of the Registrar

Ontario Review Board