Re: William Ellis
ORB File No: 7975
Hearing held on: Tuesday, February 18, 2025
Place of hearing: St. Joseph’s Healthcare Hamilton West 5th Campus, Hamilton
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. L. Maunder Members: Dr. S. Simpson Dr. M. Kalia Mr. R. Bigelow Mr. S. Doherty
Parties Appearing: Accused: Mr. W. Ellis Counsel for the Accused: Ms. K. Edward Counsel for the Person in charge of Hospital: Ms. L. Barney Counsel for the Attorney General of Ontario: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated: March 31, 2025)
Introduction
1On November 17, 2021, William Ellis was found not criminally responsible on Criminal Code charges of possession of a weapon for a dangerous purpose and aggravated assault of a peace officer (x 3). At the time of the hearing, Mr. Ellis was subject to an order of the Board detaining him at St. Joseph’s Healthcare Hamilton (SJHH) with privileges up to and including living in the community in approved accommodation. On February 18, 2025, the Board convened a hearing to conduct an annual review of Mr. Ellis’s disposition.
2The parties jointly submitted that we should maintain the detention order with two minor changes to privileges (discussed below). The threshold question of whether Mr. Ellis posed a significant threat to the safety of the public was conceded, as was that a detention order remained the necessary and appropriate disposition. For the reasons set out below, the panel agreed that significant threat was made out and accepted the joint submission.
The Index Offences
3The Hospital Report relies on a police synopsis. We were not given any other information regarding the facts underlying the index offences, as found by the Court. The following is a summary of the facts from the synopsis, omitting those that pertain to charges that were withdrawn or dismissed.
4On December 22, 2020, Mr. Ellis was walking down a street in Hamilton “yelling, acting violent and bizarre”. When the police attended, Mr. Ellis clenched his fists and otherwise behaved as if he wanted to fight. He ignored police demands. As the police tried to arrest Mr. Ellis, he struck three police officers in the head and neck with a knife blade he held in his hand that the police had not seen. The three police officers were treated at hospital for non-life-threatening injuries.
5During his hospitalization that immediately followed these events, Mr. Ellis was responding to derogatory auditory hallucinations that directed him to hurt people.
Background / Context
6Mr. Ellis is a 28-year-old single man with no dependents. He has no criminal record. He is diagnosed with schizophrenia and cannabis use disorder, in sustained remission in a controlled environment.
7After some years of instability (including foster care), Mr. Ellis was adopted, with his two sisters, at the age of five. Thereafter, his time in school was notable for his enthusiasm and success in football and other sports. In high school, he began to use cannabis and have conflict with his parents. He left the family home on several occasions, couch surfing but also using shelters and sometimes sleeping on the street.
8In 2017, when Mr. Ellis was 20 years old, he had his first psychiatric hospitalization. He was experiencing distressing auditory hallucinations and was found on a bridge with the intention of killing himself. Over two weeks in hospital, he responded well to antipsychotic medications and was discharged on a long-acting injectable medication. He returned to live with his parents.
9Mr. Ellis was followed by an outpatient service and remained compliant with his medication for two years. He struggled after his family moved to a small town north of the city and he began to use substances, He left home and stopped taking his antipsychotic medication. He decompensated. At the time of the index offences, he was utilizing the shelter system in Hamilton but had just been evicted from the one he was staying at.
10Mr. Ellis agreed to restart his antipsychotic medications when admitted to SJHH immediately after his arrest for the index offences. About six months later, he choose to stop them again and deteriorated. He was moved from the jail to the hospital, found incapable of making treatment decisions, and restarted on medication.
11Under the jurisdiction of the Board, Mr. Ellis has remained at SJHH. He has remained incapable of treatment decisions pertaining to antipsychotic medications. Over time it became clear that Mr. Ellis’s schizophrenia is treatment resistant. Although his mental state improved, he continued to experience auditory and tactile hallucinations. After about a year and a half, Mr. Ellis agreed to a trial of clozapine. His mental state further improved but he continues to suffer hallucinations, albeit less distressful, and residual paranoia. He has learned to cope with these symptoms by playing music, exercising and staying active.
12Although there have been occasional incidents over the years of Mr. Ellis becoming angry and defiant, he has not been physically aggressive with staff or patients. He has responded physically in self-defence when attacked. He is mostly polite, respectful, and compliant with rules. He has progressed towards increased use of passes, including into the community, without incident.
13Mr. Ellis has remained abstinent from substances since his arrest for the index offences.
The Current Year
14Dr. Yedishtra Naidoo, Mr. Ellis’s attending psychiatrist, testified and adopted the Hospital Report. Mr. Ellis had another positive year. He remained pleasant with staff and co-patients. He continued