Michel Larivière, 2025 CanLII 31418

Ontario Review Board

Re: Michel Larivière

ORB File No: 3866

Hearing held on: Thursday March 20, 2025

Place of Hearing: North Bay Regional Health Centre

Pursuant to: Sections 672.81(1) & 672(2.1) of the Criminal Code

Before:

Alternate Chairperson: Mr. R. Bigelow

Members: Dr. A. Jones Dr. T. Stirpe Hon. E. Kruzick Ms. K. Brisson

Parties Appearing:

Accused: Michel Larivière Counsel: Mr. W. Stickland

The Person in Charge Counsel: Mr. P. Trenker

Attorney-General of Ontario: Counsel: Mr. P. Lambert-Belanger

REASONS FOR DISPOSITION (Dated April 8, 2025)

Introduction

1. On November 28, 2003, Michel Larivière was found not criminally responsible on account of mental disorder on charges of utter a threat to cause death and mischief over $5,000 contrary to the Criminal Code. Mr. Larivière is subject to a disposition of the Ontario Review Board (the Board) dated April 2, 2024, ordering his detention at the Forensic Program of the North Bay Regional Health Centre (the Hospital or NBRHC) with privileges up to and including residence in the community in the catchment area of the Hospital in accommodation approved by the person in charge.

2. On Thursday, March 20, 2025, the Board convened a hearing to review Mr. Larivière`s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Larivière was present and represented by counsel, Mr. Stickland. The issues to be determined at the hearing were whether Mr. Larivière 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, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.

Initial Positions of the Parties

3. 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 indicated that it was the hospital’s position that Mr. Larivière continued to represent a significant threat to the public and that the necessary and appropriate disposition was a continuation of the current order without change.

4. Both counsel for the Attorney General and Counsel for Mr. Larivière supported the Hospital recommendation.

Evidence at the hearing

5. The evidence at the hearing consisted of the Hospital Report dated February 19, 2025, and the oral evidence of Dr. Gagnon, Mr. Larivière’s treating psychiatrist.

Findings:

6. For the Reasons that follow, the Board finds that Mr. Larivière continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order without change to the terms and conditions of the current order.

Index Offences:

7. The circumstances surrounding the index offence as summarized in last year’s Reasons for Disposition are as follows:

On October 24, 2003 Sudbury Police attended 189 Pine Street. The landlady had reported that Mr. Larivière was going to “kill” her and burn the landlady’s house down. He was brandishing a broken dish in her face. Mr. Larivière who was a tenant in the building went to his room and began to overturn furniture. When police arrived, the landlady was in a distraught state. She had left the house to her vehicle to call the police.

When police entered the house, they found extensive damage throughout. Mr. Larivière was located in a room hiding under a bed, chairs, and shelves which had been overturned. He was advised that he would be charged with threats and assault with a weapon and mischief over $5000. The landlady expressed that she felt she was in grave danger throughout the incident and feared for her life.

Background Information Regarding the Accused:

8. Mr. Larivière is currently 65 years of age and was raised in Bonfield, Ontario. He is fifth in a sibline of eight, with three sisters and four brothers. Records indicate that his father was physically abusive and a chronic alcoholic who passed away in 1993. His mother passed away in 2010. He encountered great difficulty with education having problems learning to read and write resulting in his placement in a special education class. He quit school after completing grade 10 and decided to go out west to find employment. However, he has a very limited history of employment and was transient mainly within the Province of Ontario but on several occasions in Québec.

Substance Use History

9. Mr. Larivière began using substances including marijuana, hashish and prescription drugs at approximately age 17.

Legal History:

10. Mr. Larivière has an extensive criminal record the full particulars of which are as follows:

1979 08 28 Theft Under $200.00 Absolute Discharge North Bay ON

1980 03 12 Mischief Absolute Discharge and Restitution North Bay ON of $25.00

1981 10 13 Possession of Narcotic $50.00 I-D 5 days North Bay ON

1982 06 01 1) False Pretences x 8 (1-4) 3 mths on each charge conc. North Bay ON 2) Fail to Appear x 2 3) Fraudulently Obtain Food 4) Possession of Stolen Property

1982 09 07 1) Fraudulently Obtain Food or Lodging x2 Timmins ON 2) Fraud (1-2) 3 months on each charge conc. 3) Uttering a forged document 3) 3 months on each charge consec 4) False Document x 4 4) 3 months conc on each 5) Uttering a Forged Document 5) 3 months consec and probation 6) Fail to Appear 6( 1 month consec

1983 07 04 BE & Theft x 3 4 months on each charge conc. & North Bay ON probation x 24 months

1983 11 01 Possession of Stolen Property 6 months North Bay ON Over $200.00

1985 10 30 Indecent Act $200.00 I-D 60 Days and Probation Trois Rivières QC for one year

1986 06 23 Fraudulently Obtaining Food $50 I-D 30 days Sudbury ON and or Lodging

1986 12 23 1) Mischief (1) 20 months North Bay ON 2) BE with Intent x 5 (2) 3 mths on each charge consec. 3) Theft over $1000 (3) Suspended sentence

1988 04 12 1) Attempted Theft (1-2) 3 mths on each charge conc. Brighton ON 2) Possession of Break-in Instruments but consec. to sentence serving

1988 08 04 Paroled

1988 09 28 Theft Over $1000.00 Sec. 294 (A) CCC 60 days Sudbury ON

1988 10 26 Parole Violator Recommitted

1989 04 07 Released on Mandatory Supervision

1989 07 17 1) BE & Theft (1) 12 months Powassan ON 2) Possession of Break-in Instruments (2) 2 months consec.

1989 07 27 Indecent Act 60 days consec. to sentence serving North Bay ON

1989 09 21 Mandatory Supervision Violator Recommitted

1992 04 01 BE & Theft x 2 3 months on each charge consec. Toronto ON

1993 12 03 1) Robbery (1) 12 months and probation 2 years Guelph ON 2) Indecent Act x 6 (2) 3 months on each charge conc.

1996 05 10 BE and Theft $400.00 0 Probation 24 months Cochrane ON

1996 08 20 1) Break and Enter with Intent (1-2) 6 mths on each charge conc. 2) Possession of Break-in Instruments North Bay ON

1997 11 21 1) Theft Under $5000.00 (1-2) 60 days on each charge conc. 2) Fail to Comply with Probation Order North Bay ON

2002 03 22 1) Possession of Property Obtained by crime (1) Suspended sentence and 15 months probation 2) Mischief Under $5000.00 x3 (2) Suspended sentence and probation 15 months

Psychiatric History

11. Mr. Larivière’s first hospitalization with respect to mental health issues occurred in 1983 when he was admitted to Lakehead Psychiatric Hospital inThunder Bay from a Correctional Centre where he was serving a sentence after attempting to cut his wrists. The diagnosis at discharge was undifferentiated schizophrenia. His next admission to hospital was also in 1983 when he was admitted to North Bay Psychiatric Hospital ( now NBRHC) for an assessment with respect to whether a defence of not guilty by reason of insanity would be available to him with respect to charges of break and enter. His diagnosis on discharge was Catatonic Schizophrenia.

12. Since 1983 Mr. Larivière has had 39 subsequent admissions to NBRHC. The Hospital Report summarizes the pattern of behaviour resulting in those admissions as follows:

Mr. Larivière has established a pattern of behaviour in which he becomes non-compliant to medication while in the community, spends his money and loses his accommodation, then seeks admission to the hospital claiming to be suicidal. Of his 50+ hospitalizations, he has been admitted 35 times because of suicidal ideation or threats. In most cases, these were considered social admissions and Mr. Larivière requested discharge shortly after the expiration of the Application for Psychiatric Assessment. In many of the situations, Mr. Larivière had visited the local general hospital on numerous occasions in the days before gaining admission, complaining of several different problems. In at least two of the situations, he had visited the hospital several times during the same day in an attempt to be awarded an admission to hospital. If this failed, he would arrive at the psychiatric facility itself requesting to be admitted. In several cases, once he gained admission, he was discharged against medical advice only to be readmitted a few days later, having expressed similar symptoms to that of the previous admission. Furthermore, it was documented that Mr. Larivière often admitted to using drugs just before admission.

Current Diagnosis

13. Mr. Larivière’s current diagnoses are:

• Schizoaffective Disorder, Bipolar Type;
• Cannabis Use Disorder, In remission, In a controlled environment;
• Alcohol Use Disorder, In remission, In a controlled environment;
• Antisocial Personality Disorder;
• Borderline Intellectual Functioning;
• History of remote Traumatic Brain Injury;
• Hypothyroidism.

Evidence of Dr. Gagnon

14. Dr. Gagnon indicated that he had been Mr. Larivière’s psychiatrist for many years and noted that prior attempts to discharge him into the community “didn’t work out”. He currently has limited indirect access to the community. The treatment team had tried to expand his access to the community but that also did not work out.

15. Dr. Gagnon stated that Mr. Larivière engages well with staff and patients and maintains that he is asymptomatic of his mental disorder. His mental status examinations consistently show no evidence of psychosis, mania or hypomania. However, he occasionally expresses bizarre thoughts which remain a point of concern. For example, in an interview in the summer of 2024 Mr. Larivière expressed a desire for control over his finances, stating his intention to "buy a snowsuit to trap rabbits on hospital property and make tiny chairs from their fur and clothespins" and mentioned a goal of making enough money to purchase a truck, with plans to drive it without a license or insurance, as he had done in his younger years.

16. Dr. Gagnon indicated that in general Mr. Larivière thrives in the hospital. When residing in group homes he has numerous run-ins with respect to rule breaking and develops paranoid beliefs about staff. While in group homes he was noted to become quite delusional although the treatment team does not see a lot of that while in hospital.

17. Dr. Gagnon stated that the goal of the treatment team over the upcoming year was to maximize Mr. Larivière’s freedom as much as possible and would also be looking at the possibility of his placement at a long-term care facility.

Analysis and Conclusion, Significant Threat:

18. Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Mr. Larivière does represent a significant threat to the safety public. He suffers from a major mental illness, schizoaffective disorder, as well as having further diagnoses of antisocial personality disorder, cannabis and alcohol use disorder. He has been assessed as having borderline intellectual functioning and has a history of remote traumatic brain injury. He has a lengthy criminal record including penitentiary length sentences and has a history of failing to comply with court orders or adhere to recommended psychiatric treatment.

19. Although Mr. Larivière is largely asymptomatic while in hospital with limited privileges, attempts to increase his level of privileges and increase access to the community have resulted in decompensation and a return of delusions and paranoia.

20. Absent Board supervision there is little doubt that Mr. Larivière would not adhere to psychiatric treatment and suffer rapid decompensation resulting in a significant risk of physical and/or psychological harm to members of the public.

Analysis and Conclusion, Necessary and Appropriate Disposition:

21. The Board finds that the evidence also amply supports the joint submission that the necessary and appropriate disposition is a continuation of the current detention order without change to the terms and conditions.

22. Given Mr. Larivière’s history of noncompliance with court orders, nonadherence to medication, substance use and limited insight the hospital clearly needs the authority to approve any residence in the community in order to monitor early signs of decompensation and manage risk. There is no air of reality to any suggestion of a conditional discharge and none of the parties suggested to the contrary.

23. The current disposition allows for significant freedom, if and when Mr. Larivière is able to manage it.

DATED this 8th day of April 2025, at the City of Toronto, in the Toronto Region.

Robert Bigelow

Alternate Chairperson

____________________________

Office of the Registrar

Ontario Review Board