Re: Isadore J. Wabasons, 2025 CanLII 31423

Ontario Review Board

Re: Isadore J. Wabasons

ORB File No: 5913

Hearing held on: Wednesday, February 19, 2025

Place of hearing: Thunder Bay Regional Health Sciences Centre

Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. H. Bloom Dr. P.N. Wright Mr. D. Sandor Mr. S. Duffy

Parties Appearing:

Accused: Isadore J. Wabasons Counsel: Mr. U. Agostino

The Person in charge of Hospital: Representative: Ms. M. Davidson

Attorney General of Ontario: Counsel: Mr. T. Jukes

REASONS FOR DISPOSITION

(Dated April 10, 2025)

Introduction:

1On June 30, 2011, Isadore Wabasons was found unfit to stand trial on a charge of sexual assault.

2Mr. Wabasons is currently subject to a Disposition of the Ontario Review Board dated February 6, 2024, by which he was ordered to be discharged subject to a number of conditions. The first condition required Mr. Wabasons to reside at a Brain Injury Services of Northern Ontario (BISNO) facility.

3On Wednesday, February 19, 2025, the Ontario Review Board convened a hearing virtually at Thunder Bay Regional Health Sciences Centre (TBRHSC). Mr. Wabasons was in attendance virtually as was his counsel and counsel for the Crown.

Position of the Parties:

4At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

5Ms. Davidson appeared for the hospital's representative. She advised of the hospital position that Mr. Wabasons remains unfit to stand trial and is likely permanently unfit to stand trial but at this point in time remains a significant threat to public safety and accordingly, the hospital is not asking the Board to consider making a recommendation to the court for a stay of proceedings pursuant to s. 672.851(1).The hospital recommends a continuation of a Conditional Discharge with the same terms as the last Disposition.

6Mr. Jukes appeared for the Attorney General of the Province. He indicated his support for the hospital's position. He also is of the opinion that at the present time Mr. Wabasons does represent a significant threat to public safety and the Crown is not seeking a recommendation from the Board referred to above.

7Mr. Agostino appeared for Mr. Wabasons. Mr. Agostino agreed that his client is unfit to stand trial and accepts that he is likely unfit to stand trial to stand trial. Mr. Agostino simply put it that he has no instructions with respect to the necessary and appropriate Disposition.

Outstanding Charges:

8"On the 28Aug09 at 580 N. Algoma Street, Isadore WABASONS and Maija-Lissa NASON were in the common room of the older adult rehabilitation centre of the Lakehead Psychiatric Hospital which is monitored by video surveillance.

NASON and WABASONS are both patients.

WABASONS was seated on a couch and pulled NASON by her sweater to a seated position beside him. WABASONS placed his hand under NASONS sweater and fondled her breasts. Nursing staff escorted WABASONS out of the common room and reprimanded him.

The second incident occurred on 31Aug09 in NASON's room in the older adult rehabilitation centre of the LPH. WABASONS was watching NASON from the hallway, which also has video surveillance. NASON entered room and WABASONS appeared to be looking where nursing staff was located, and then entered her room. WABASONS exited NASON's room and was confronted by staff. NASON was standing in the middle of her room with her pants down and her panties on.

The third incident on 17Sep09 was captured entirely on video surveillance. NASON was clothed, laying in her bed. WABASONS entered her room and checked periodically to see if anyone was around. WABASONS unbuttoned part of NASON's blouse and began to rub her clothed legs and vaginal area. WABASONS pulled NASON's pants to her feet, with her panties. Staff walking by observed WABASONS standing over NASON who had no pants on. WABASONS attempted to leave, and was restrained by staff.

WABASONS was charged with sexual assault between the dates of 28Aug09 and 17Sep 09. WABASONS was read rights to counsel and cautioned in company of Leanne FONSO, the Clinical Supervisor at the LPH.

WABASONS was issued an appearance notice."

Evidence at Hearing:

9The Board admitted into evidence the Hospital Report dated January 31, 2025. The Hospital Report provides a great deal of information concerning Mr. Wabasons, his personal history, his mental health history, details of the outstanding charge Mr. Wabasons' course in hospital and in the community following the initial finding of unfitness. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons. We do note, however, the stated diagnosis of dementia secondary to cerebral vascular disease.

10In addition to the documentary evidence, the Board heard from Dr. Sheppard. Dr. Sheppard has been following Mr. Wabasons for many years. Dr. Sheppard noted there are no updates to the Hospital Report. We do note, however, the following from the Hospital Report:

"The primary concern, over the course of the past year, was medical. On November 27, 2024 Mr. Wabasons collapsed to the floor, non-responsive, and had to be resuscitated through the administration of CPR. He was admitted to hospital for approximately two weeks, with investigations disclosing coronary artery disease, cardiomyopathy, and multi-vessel disease. He also suffered from a urinary obstruction while in hospital. He was diagnosed with congestive heart failure with a plan to follow-up with his nurse practitioner, and with a cardiologist at the CHF Clinic. He returned to the BISNO residence, and currently appears again to be at his baseline, both in terms of behavioural issues and his medical status."

11Dr. Sheppard stated his opinion that his patient is unfit to stand trial. Mr. Wabasons does not remember anything about the outstanding criminal charges. In Dr. Sheppard's opinion Mr. Wabasons would be unable to participate in any meaningful manner in a trial.

12Dr. Sheppard noted that his patient has suffered from significant cognitive deficits for many years. Fortunately, at this time the deficits do not seem to be progressive but Dr. Sheppard noted that his patient will not recover from these deficits. Dr. Sheppard repeated his patient suffers from significant medical problems.

13Dr. Sheppard opined that his patient currently is medically stable. He seems to be somewhat easier to manage at BISNO, most likely arising from the introduction of olanzapine when Mr. Wabasons was in hospital and Mr. Wabasons continues to be treated with the olanzapine.

14Dr. Sheppard noted that Mr. Wabasons had a recent visit from his daughter and Mr. Wabasons was very pleased to have her visit.

15In Dr. Sheppard's opinion is that placement at BISNO is optimal. The clinical team at BISNO know him very well. There has been a facility physician available to the BISNO residence.

16Dr. Sheppard remains of the opinion that at this time Mr. Wabasons remains a significant threat to public safety. Quite apart from the events of the index offences, Mr. Wabasons has a history of inappropriate sexual touching of female staff even at BISNO. At this point in time the hospital remains of the opinion that Mr. Wabasons remains a significant threat to public safety and accordingly, does not seek any recommendation for a stay from the court.

17In response to a number of questions from Mr. Jukes, Dr. Sheppard noted that since returning to BISNO from the recent stay in hospital, Mr. Wabasons is not quite as mobile. He frequently uses a wheelchair. Dr. Sheppard reported a history of inappropriate touching by Mr. Wabasons of female staff. Dr. Sheppard believes the inappropriate touching during Mr. Wabasons' stay in medical hospitals was similar to previous years. Dr. Sheppard noted that with respect to this issue it is somewhat better since Mr. Wabasons returned to BISNO from the hospital. Finally, Dr. Sheppard reiterated his opinion that Mr. Wabasons remains a significant threat to public safety.

18In response to questions from Dr. Agostino, Dr. Sheppard agreed that Mr. Wabasons' medical issues are quite prominent. Dr. Sheppard did not believe that Mr. Wabasons should be transferred to a long-term care facility at this time. Dr. Sheppard believes that Mr. Wabasons can be managed appropriately at BISNO and stated his opinion that Mr. Wabasons' quality of life will be much better at BISNO. Dr. Sheppard noted that there are potential activities available to Mr. Wabasons that would not be available at a long-term care facility.

19In response to questions from panel members, Dr. Sheppard stated his opinion that at the present time Mr. Wabasons' heart issues can be appropriately managed at BISNO.

20In response to another question from a panel member, Dr. Sheppard stated his opinion that Mr. Wabasons is not a candidate for any form of heart surgery.

21No other evidence was heard at this hearing.

Final Submissions:

22Ms. Davidson asked the panel to accept the doctor's evidence and find Mr. Wabasons unfit, likely permanently unfit, but that he remains a significant threat to public safety and accordingly, Ms. Davidson submits the necessary and appropriate Disposition is a continuation of the current Conditional Discharge.

23Mr. Jukes, on behalf of the Crown, agreed with Ms. Davidson's submissions. In particular he agreed that at the present time Mr. Wabasons remains a significant threat to public safety. Accordingly, the Crown does not support a recommendation to the court for a stay of proceedings.

24Mr. Agostino accepts that his client is likely unfit to stand trial. Mr. Agostino did not have instructions with respect to the necessary and appropriate Disposition and simply made no submissions on that issue.

Findings of the Board:

25The Board accepts without reservation the evidence of Dr. Sheppard and the evidence contained in the Hospital Report. In particular, we accept that Mr. Wabasons is likely permanently unfit to stand trial. We accept the evidence that Mr. Wabasons does not have the ability to participate meaningfully in any court trial.

26We also accept the evidence that at the present time Mr. Wabasons continues to represent a significant threat to public safety. That view is supported by Mr. Wabason's history of inappropriately touching female staff at BISNO. We accept that there has been some improvement since Mr. Wabasons' return to BISNO in December of 2024 but we are obliged to consider all of the evidence and not simply the evidence since his return to hospital. Accordingly, the panel agrees with the parties that we have no basis on which to seek a recommendation to the court pursuant to s. 672.851(1).

27We agree that a continuation of the Conditional Discharge is both necessary and appropriate and direct that Mr. Wabasons remain on a Conditional Discharge with the exact terms set out in last year's Disposition.

28In reaching our Disposition, the Board has taken into consideration public safety, Mr. Wabasons' mental condition and his other needs, and Mr. Wabasons' reintegration into society.