Ontario Review Board
Re: Brian Lloyd
ORB File No: 3302
Hearing held on: Wednesday, February 19, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.81(1) and 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal Members: Dr. B. Bordoff Dr. J. Kis Hon. B. Allen Mr. J. Cyr
Parties Appearing:
Accused: Brian J. Lloyd Counsel: Mr. D. Lawson (via Zoom)
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DECISION AND DISPOSITION
(Dated April 10, 2025)
Introduction
1Brian J. Lloyd, age 73, was found on January 31, 2001, not criminally responsible on account of mental disorder on one charge of assault and two charges of assault with intent to resist arrest, contrary to the Criminal Code.
2Mr. Lloyd appeared in person before the Ontario Review Board (the “Board”) on February 19, 2025, for his annual hearing and a restriction of liberty hearing at the Centre for Addiction and Mental Health (the “hospital”). Mr. Lloyd’s lawyer, Mr. D. Lawson, appeared remotely. The Board had before as Exhibit 1 a Hospital Report dated August 22, 2024, and as Exhibit 2, a Restriction of Liberty Hospital Report January 31, 2025.
3At the outset of the hearing, Ms. M. Warner, counsel for the hospital, informed the Board of another restriction of liberty that began January 26, 2024. It went on for some months. On behalf of the hospital, Ms. Warner apologized for not informing the Board regarding that restriction of liberty. That restriction of liberty followed a discharge from St. Joseph's Hospital and was necessitated by Mr. Lloyd being otherwise homeless.
4The Board had been properly notified on December 6, 2024, that Mr. Lloyd had been admitted into a general forensic unit.
5Mr. Lloyd was recently discharged back into the community and is living in the same unit he once lived in, on White Squirrel Way.
6The hospital’s preliminary position was that both restrictions were necessary and appropriate. Further, no change was being advanced to the current Detention Order. Other counsel agreed with that submission. By the conclusion of the hearing, the Board accepted that joint submission.
7The background and index offence are described in last year's Reasons for Disposition at paragraphs 9 to 13:
“Mr. Lloyd was 72 years old at the time of the hearing and has been under the ORB for 23 years. He was born in London, Ontario, and is supported today by his two sisters, Debbie Lloyd-Nettesheim and Carol Lloyd-Pinnington. Mr. Lloyd’s sister Carol lives in Toronto and has been an Approved Person since May 2006.
Mr. Lloyd finished grade 13 and completed a B.A. in history. He has no significant employment history. Mr. Lloyd also has no history of alcohol or drug abuse. His legal history prior to the Index Offences includes a conviction for watch and beset (1976), and two assault charges (1989, 1999), both of which were withdrawn. Mr. Lloyd received an absolute discharge on one other assault charge (May 18, 2000).
From the time of his first hospitalization in 1976, Mr. Lloyd’s psychiatric history has been extensive. He was hospitalized several times in the late 1970s and 1980s, following violence at home and against family members. During his time at Queen Street Mental Health Centre in the 1990s, Mr. Lloyd had more than 30 involuntary admissions, as well as some voluntary hospitalizations, and more than five elopements between 1992 and 1996. Mr. Lloyd remained assaultive throughout. Clozapine was started in March 2000 and was followed by electroconvulsive therapy (ECT) in May 2000. On November 6, 2000, Mr. Lloyd began a two-week leave of absence at Regeneration House, which is where the Index Offences occurred. Those offences are described as follows in the Hospital Report:
According to the Police Synopsis, on Thursday, November 9, 2000, at about 2:00 p.m., Mr. Lloyd was visited by his caseworker at his place of residence. Once inside, Mr. Lloyd became violent and began to punch the victim in the head. The victim received three punches to the head and left to call the police. The police arrived and placed Mr. Lloyd under arrest for assault. He then started to fight with the two officers: one received a scratch to his neck when his tie was ripped off, and the other also had his tie ripped off and was kicked in the left leg. Both officers had to wrestle the accused to the ground. Mr. Lloyd received a small scratch to his forehead. The accused was subdued and handcuffed…. The Show Cause reported he assaulted the victim for no apparent reason.
After being found NCR, Mr. Lloyd was an inpatient at CAMH until his discharge to the community on July 6, 2021. Mr. Lloyd has been living in supervised housing at White Squirrel Way since then.
His sisters serve as his substitute decision makers (SDM).”
Evidence at Hearing
8Dr. A. Ali, the treating psychiatrist, testified. Dr. Ali noted that Mr. Lloyd moved from White Squirrel Way in October 2023 to John Gibson House. He developed pneumonia in January 2024 and was admitted to St. Joseph's Hospital. Upon discharge, he had no lodging and again was admitted to hospital. In September 2024, he had a fall at CAMH. He went to St. Michael’s Hospital for surgery. He was released to Kensington Hospice. He was originally classified palliative but recovered. In the absence of housing, Mr. Lloyd was readmitted to CAMH, first to a civil unit, and then into forensics.
9On February 11, 2025, he was discharged into the community and currently resides at White Squirrel Way, a highly clinically secure residence, while he awaits long-term care placement.
10For some years, Mr. Lloyd has had residual psychotic symptoms and delusions. He responds to internal stimuli. Mr. Lloyd’s cognitive abilities have been deteriorating over time. Fortunately, he has recovered from his fall and can walk now.
11While Mr. Lloyd has traditionally been diagnosed with schizophrenia, treatment resistant, he now also has a diagnosis of major cognitive disorder.
12Mr. Lloyd requires 24-hour supervision. He needs reminders and supports for hygiene and help with medication administration. He cannot cook for himself. He is not able to follow instructions regarding going out into the community and returning. When going out, Mr. Lloyd requires staff accompany him.
13Mr. Lloyd has not used unaccompanied passes. He wanders and when out has caused damage to property in the past.
14Mr. Lloyd will remain at White Squirrel Way until long-term housing is found.
Analysis
15The Board was provided with a joint submission. The Board agrees with it. Mr. Lloyd has long-standing mental health concerns and, because of his age, physical issues have intervened. His cognitive abilities are now a major concern. The restriction of liberties was both justified and necessary. Thery followed discharges from St. Joseph, and Kensington Hopspice following physical challenges without adequate housing. Mr. Lloyd is now safe and provided for. Attempts to secure long-term housing will continue. Siutable housing for Mr. Lloyd will have to accommodate his complex mental and physical needs. Significant threat was not in issue and is supported by the hospital reports. We wish Mr. Lloyd well in the upcoming year.
DATED this 10^th^ day of April, 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board