Ontario Review Board
Re: Dakota Summers
ORB File No. 6348
Hearing Date: March 4, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) of the Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. C. Flanagan
Members: Dr. K. Hand
Dr. A. Kerry
Mr. A. Mete
Mr. K. McKenna
Parties Appearing:
Accused: Dakota Summers Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated April 7, 2025)
Introduction
Mr. Summers was found not criminally responsible on May 28, 2013, for the criminal code offences of possession of weapon for dangerous purpose, robbery, fail to comply with probation order, possession of a substance, and unlawfully possess a controlled substance-to wit marijuana.
He is currently subject to a detention order under a Disposition dated March 11, 2024, with privileges that extend to passes for up to 14 days to enter the community of the Province of Ontario, upon first obtaining approval of his itinerary by the person in charge, and to live anywhere in the Province of Ontario in accommodation approved by the person in charge.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 4, 2025, at St. Joseph’s Healthcare, Hamilton, West 5th Campus (St. Joseph’s) pursuant to s. 672.81(1) of the Criminal Code of Canada.
Mr. Summers attended the hearing by videoconference. Family members, including his mother and grandmother, attended by either video or audioconference.
At the commencement of the hearing, the Hospital recommended a continuation of the existing Disposition with the same terms and conditions. Counsel for the Attorney-General supported this recommendation. Counsel for Mr. Summers supported the Hospital’s recommendation save and except for a request that paragraph 4(a), a prohibition from the non-medical use of alcohol, drugs, or any other intoxicant, be removed from this year’s Disposition. He requested that Mr. Summers be permitted to consume alcohol, and cannabis that is only purchased from an Ontario government retailer.
After considering the evidence, the panel concluded that Mr. Summers continues to be a significant threat to the safety of the public, and that a continuation of the current detention order with the same terms and conditions is necessary and appropriate. The panel did not find it appropriate to remove the prohibition against the use of alcohol and substances.
Index Offence
- The following is a synopsis of the facts pertaining to the index offence:
“On the 15Dec2012 and the 02Feb2012 the accused, Dakota Daniel SUMMERS was present in the Ontario Court of Justice, Owen Sound, Ontario. SUMMERS was sentenced to 252 days in custody and entered into a Probation Order for a period of one year with respect to the charges of Breach Probation, Breach Officer in Charge of Undertaking, Assault, Unlawfully possess substance, and Assault with intent to resist arrest. Two of the conditions included in that Probation Order were to keep the peace and be of good behaviour and to abstain from the purchase / possession / consumption of drugs except in accordance with a medical prescription.
On the 28Dec2012 the accused approached the victim, Curtis LONG at the rear of the Dragon’s Den Gym located at 258 8th Street East, Owen Sound. At that time the accused asked the victim if he could borrow some money. When the victim refused the accused grabbed a silver necklace that the victim was wearing around his neck and forcefully pulled on it which caused the clasp of the necklace to break. The accused then placed the broken necklace into his pocket. The victim requested that the accused return the necklace at which time the accused advised the victim he would ‘smash him’ if he asked for the necklace again. The accused then left northwest through the parking lot and the victim attended the Owen Sound Police Service. The victim indicated to police that he was fearful of the accused s he appeared to be on drugs and was acting very erratic.
The accused was located by members of the Owen Sound Police Service a short time later and was placed under arrest for robbery. The accused was handcuffed to the rear and searched. At that time the victim’s necklace was located in the accused jeans pocket. The accused was also found to be in possession of a steak knife which he had inside his jacket. The accused advised police the he carried the steak knife for protection. The accused was also found to be in possession of a small clear baggie of marihuana and another small clear baggy which had the residue of Cocaine inside. The accused was then escorted to the police cruiser where he was advised of his rights of council and caution.
Evidence
The evidence at this hearing consisted of the Hospital Report dated February 13, 2025, a Gladue Report dated November 4, 2021, and the testimony of Dr. Shariati. The Hospital Report was prepared for this hearing and contains detailed information pertaining to Mr. Summers’ personal and psychiatric history.
Mr. Summers is Aboriginal and is registered with the Chippewas of Nawash, who are located along the Bruce Peninsula approximately 56 kilometres north of Owen Sound. Chippewas of Nawash is an Anishinaabe First Nation Community. His mother, Ms. Shelley Summers, and his step-father are non-indigenous. His biological father, Mr. Malcolm Proulx, was a member of the Chippewas of Nawash. All of Mr. Summers’ paternal grandparents and great grandparents went to a residential school.
Mr. Summers’ parents lived on the Cape Croker reserve during the four years of their relationship, which ended when Mr. Summers’ father committed suicide. Mr. Summers was 10 years old at the time. Mr. Summers had little contact with his paternal extended family following the death of his father for many years.
Ms. Summers began a relationship with Troy Feduik about a year and a half after Mr. Summers’ father died. They have been together for most of the past thirty years.
Mr. Summers connected with his paternal grandfather while he was in the Thunder Bay Correctional Centre in 2012. His grandfather was significantly involved in his Indigenous community, and reconnected Mr. Summers to his family and heritage.
Mr. Summers’ mother and step-father liked to “party,” and Mr. Summers witnessed domestic violence. Mr. Feduik was both physically and verbally abusive to Mr. Summers’ mother, and was verbally abusive to Mr. Summers when Mr. Feduik indulged in alcohol. Mr. Summers was sexually abused by the fourteen-year-old son of a babysitter when he was about seven.
Mr. Summers had behavioural problems in elementary school. He would often get into fights or get caught breaking school rules. He was teased as a child for being overweight and indigenous. His grandmother advised that he would respond by fighting. Mr. Summers was disruptive in class, unable to focus, didn’t listen to direction, and was suspended multiple times for behavioural issues. When he was about 9 or 10, he was diagnosed with Oppositional Defiant Disorder and a learning disability. An individual education plan was developed for him. He was eventually expelled from school.
Mr. Summers and his mother moved to Owen Sound and stayed with Donna Feduik, Mr. Feduik’s mother. He began high school, but his attendance was poor and he would regularly skip classes. He was expelled in grade 9 and attended another Owen Sound high school. He dropped out of this school and later did some up-grading to grade 11 when he went to the St. Thomas Mental Health Centre.
Mr. Summers acknowledges that he started snorting cocaine, drinking alcohol, and smoking marijuana when he was about 13 or 14. Other sources indicate that by 20 years of age he had a serious drug problem that included the use of cannabis, cocaine, crack cocaine, and Ecstasy. He started abusing bath salts around the end of December 2011, and displayed extreme paranoia, depression, memory issues, and lack of sleep.
After he left school, he started working at roofing, framing, kitchen work, and detailing cars for dealerships. He only worked sporadically, and was unemployed at the time of the index offence.
Mr. Summers met Kourtney Kerkmann when he was 14 and she was 13. In 2009, when Mr. Summers was 18, Ms. Kerkmann gave birth to their son, D.D.. There was a history of domestic violence during their time living together, and Mr. Summers was charged with assaulting Ms. Kerkmann in September 2010. Their son was taken into the care of the Children’s Aid Society due to “a large amount of cocaine being found in his system”. It was believed that he ingested the cocaine. The child was later returned to the custody of Ms. Kerkmann. Mr. Summers and Ms. Kerkmann separated when D.D. was about seven. Mr. Summers believes that Ms. Kerkmann and his son now reside in Burlington.
While spending time in jail in 2011, Mr. Summers was diagnosed with paranoid schizophrenia, personality disorder, and authority challenge disorder. He was medicated with Haldol, Clonazepam, and Benztropine.
In 2012, Mr. Summers was charged with assault, robbery, possession of a weapon, and failure to comply. He was hearing voices and experiencing other mental health issues at the time. He was sent to Waypoint Centre for Mental Health for an assessment and diagnosed with schizophrenia.
He is currently diagnosed with Schizophrenia, Cannabis Use Disorder, in remission in a controlled environment, and Stimulant Use Disorder, in remission in a controlled environment.
Mr. Summers criminal record includes the following:
(i) 2009, guilty of robbery, assault, failure to comply with recognizance, and mischief as a youth, and received a non-custodial sentence;
(ii) 2011, guilty of assault and fail to comply with recognizance. He was credited with 27 days pre-trial custody and received 12 months probation;
(iii) 2012, guilty of failure to comply with probation and possession of a schedule II substance. He was sentenced to credit for 18 days of pre-trial custody, a further 12 days plus 12 months probation;
(iv) 2019, guilty of being unlawfully at large and sentenced to 1 day jail;
(v) 2020, guilty of escaping lawful custody, and sentenced to probation for 1 year.
Mr. Summers has a significant psychiatric history that started when he was approximately twenty years old. His mental health issues resulted in bizarre and dangerous behaviour. He has been admitted to hospital on numerous occasions and displayed aggression and psychosis.
After being found not criminally responsible he was detained at Waypoint. He made progress over time and in early 2018 he was transferred to the Southwest Centre for Forensic Mental Health Care, and was able to live in the community. In 2019 he regressed due to a possible psychosis relapse and/or substance abuse relapse. He progressed in 2020, but again regressed in 2021 when his psychotic symptoms flared. He displayed “active symptoms of chronic major mental illness, incomplete insight into his psychiatric disorders, and limited coping skills with regard to stress and anger management.” In 2022 he made some progress, but exhibited an exacerbation of his primary psychotic illness which resulted in symptoms that are associated with an increased risk for violence.
The 2023 Disposition ordered him detained at St. Joseph’s, and included the privilege of living in the community in accommodation approved by the person in charge, and passes for up to fourteen days to enter the Province of Ontario upon first obtaining the approval of his itinerary by the person in charge indirectly supervised.
Following this Disposition, his mental status fluctuated. He experienced perceptual disturbances that prominently manifest in his belief that Kourtney, his ex-girlfriend, resides with him and he is under her control. This distressing hallucination significantly impacted his ability to make appropriate decisions, and necessitated medication which mitigated but did not eliminate the effects of the hallucinations.
There was a significant relapse in June 2023. Mr. Summers was exercising a pass to Owen Sound and spent the night at a friend’s house which was not part of the approved itinerary. He was discovered by his girlfriend unresponsive. He had consumed cannabis, fentanyl, cocaine, and methamphetamine, and required naloxone to be administered by the paramedics. He was admitted to ICU at the Gray Bruce Health Services. Mr. Summers refused to return to St. Joseph’s at the time of discharge, which prompted the activation of the high-risk transfer team given the urgency of the situation. The police ultimately returned Mr. Summers to St. Joseph’s.
Social Work staff in the Forensic Psychiatry Program at St. Joseph’s were actively engaged in providing assistance to Mr. Summers with a variety of social issues. In particular, Ms. Pam George, was actively assisting Mr. Summers connect to additional Indigenous supports. She explored the availability of culturally appropriate programs in Owen Sound, and liaised with the agencies and mental health professionals to develop an appropriate plan of care.
Mr. Summers was referred to the Aboriginal Health Centre in Hamilton, and Ms. George facilitated engagement with the Spiritual Support Services at St. Joseph’s. He reconnected with his counsellor, Mr. Selby Harris, at the Hamilton Regional Indian Centre.
Prior to the incident in June 2023, Mr. Summers had exercised four visits to Owen Sound to spend time with his family and to connect with supports and services in the area. He had overnight visits at the home of both his mother and grandmother. Social Work provided education to them regarding the need to observe Mr. Summers take his medication, adhere to his Disposition, and to attend arranged appointments with the Southwest Ontario Aboriginal Health Access Centre, and the M’Wikwedong Indigenous Friendship Centre. The Social Worker also stressed to the family the need for Mr. Summers to remain at their homes.
When Mr. Summers first returned to St. Joseph’s in June 2023, he strongly denied that he had a mental disorder, and claimed that he was being controlled by internal entities who repeatedly sexually assaulted him. He refused to take his oral antipsychotic medication and stated, “I haven’t taken that for the last two weeks.” This meant that he was not taking his medication while exercising his passes to Owen Sound.
On June 15, 2023, Mr. Summers met with Dr. Shariati, his treating psychiatrist, to discuss his hospitalization and the events in Owen Sound. Mr. Summers was dismissive and demanded that he be given his privileges. At one point during their conversation, Mr. Summers lunged at Dr. Shariati and demanded his privileges. A staff member intervened, and Mr. Summers sat down without any physical contact having occurred.
On August 3, 2023, Mr. Summers contacted the Hamilton police and reported that he had been the victim of a sexual assault. He presented with tactile hallucinations and believed that Kourtney had sexually assaulted him.
His privileges were increased in the fall of 2023. He began attending monthly sweat lodges and weekly substance abuse groups at the Hamilton Regional Indian Centre. He also began weekly meetings with his counsellor, Mr. Selby Harris.
Mr. Summers is primarily supported by his grandmothers, Bonnie Summers and Donna Feduik, and his mother.
This past year, Mr. Summers has continued to experience auditory hallucinations and delusions, including the belief that people are inside him. He has been exercising his level 4 passes to visit his family in Owen Sound. He participated in the Concurrent Disorders Capacity Building Team, the self reflection group, the sweat lodge, and the Contingency Management Program.
There were several incidents noted by the hospital. On January 20, 2024, Mr. Summers advised staff that he hadn’t slept well the previous 3 nights. He stated that he would wake up in a different place from where he went to sleep. He also wakened believing he was a drug dealer. On February 16, 2024, Mr. Summers reported that a foreign company withdrew $900.00 from his account. On November 11, 2024, he continued to endorse that there are people inside him, office people and Kourtney, and that they were treating him like an Indigenous king. He said the office people are stretching and doing things to his rectum.
Occupational Therapy reported that Mr. Summers had demonstrated gradual improvement in his mental status, motivation, and engagement with the treatment team. He has used his passes to Owen Sound appropriately, and was in the process of connecting with the Forensic Outpatient Program, who would continue to follow him following his discharge to the community. He has been successfully using 14 day passes to Owen Sound since August 2024, and spends his time at either of his grandmother’s homes. Transportation to Owen Sound is provided by Indigenous Services Canada’s Medical Transportation.
During his passes to Owen Sound, he attends community programs related to mental health and relapse prevention, and has connected with Indigenous agencies in the area.
Mr. Summers is described in the Hospital Report as very organized and punctual for all appointments. He demonstrates a compassion for other people, and an insight into the need to remain abstinent from drugs. He has been abstinent since June 2023.
The Hospital Report notes that Mr. Summers receives very strong support from his maternal grandmother, and that she has an excellent understanding of his diagnosis and associated symptoms. She is noted as a wonderful role model for her grandson, providing him with guidance, support, and education.
Mr. Summers was discharged from the hospital to live with family members in Owen Sound on February 13, 2025. He is currently residing in either of his grandmother’s homes, but the plan is for him to reside in subsidized housing in Owen Sound once it becomes available.
Community agencies in Owen Sound have been collaborating on a plan to support Mr. Summers. These agencies include the Southwest Ontario Aboriginal Health Access Centre, Brightshores Health System, The Wellness and Recovery Centre, and the M’Wikwedong Indigenous Friendship Centre.
His antipsychotic injection, Clozapine, is given every 14 days at the Brightshores Pharmacy Clozapine clinic.
A Psychological Risk Assessment was conducted on December 20, 2024. It noted that his clinical presentation this past year had significantly improved. He remained symptomatic, however, and his insight into his condition remained poor. He has been compliant with his medication in the hospital and in the community. His risk levels were deemed to be low with his current supports, and moderate to high without the supports. This determination took into consideration his past criminal violent behaviour, his lack of insight, and the persistent psychotic symptoms. The assessment stressed the importance of Mr. Summers remaining compliant with treatment. This is particularly important since Mr. Summers struggles with stress and coping, so without the oversight of St. Joseph’s, it is necessary for Mr. Summers to remain engaged with the supports that have been made available to him in the community.
Under a detention order, there would be a gradual transition to the Forensic Outpatient Program, and the Assertive Community Outreach team in Owen Sound.
The clinical risk summary in the Hospital Report concludes that Mr. Summers is a significant threat to the safety of the public and recommends a continuation of the detention order. It acknowledges his progress in maintaining stability, adhering to treatment recommendations, and successfully utilizing community supports. He has been abstinent from substances for 19 months, and has not this past year engaged in any threatening or aggressive behaviour. He has complied with medication, and has consistently attended appointments with the outpatient team.
Mr. Summers continues to experience psychotic symptoms, but they have become less distressing and do not appear to affect his behaviour or daily functioning. There is no evidence of command hallucinations, paranoid ideation, or cognitive disorganization.
His insight remains limited. He accepts the necessity of treatment and medication, but he struggles with understanding the nature of the symptoms and their relationship to his past violent behaviour. He remains incapable to consent to psychiatric treatment. His paternal aunt acts as his substitute decision maker.
The Hospital Report indicates that, in its opinion, the Mental Health Act is insufficient to manage the risk to the community. It only allows for hospitalization after a crisis, whereas, a detention order ensures proactive intervention, structured oversight, and the ability to intervene quickly should the need arise.
The discharge to the community is very recent, and a detention order allows Mr. Summers to be closely monitored in the community which is necessary to manage his risk to public safety.
Dr. Shariati testified and highlighted the salient points provided in the Hospital Report. In particular he stated that, although the psychotic symptoms continue, they do no effect his behaviour and he is able to control the hallucinations.
He advised the panel that there is extensive follow-up in the community at this time.
Regarding the request by Mr. Summers to remove the clause prohibiting alcohol and substance use, Dr. Shariati stated that he is completely against this request. He believes that cannabis can lead to psychosis, and that cannabis use is even more problematic for Mr. Summers than other individuals. He has similar concerns regarding alcohol use. Dr. Shariati referred to the relapse in Owen Sound in June 2023, as indicative of the serious problems that could arise from substance use.
In answer to questions from the Crown, Dr. Shariati agreed with the suggestion that Mr. Summers has an illness which is treatment resistant, and confirmed that Mr. Summers does not have good insight into the effects of substance use on his mental health. He also confirmed that the risk to public safety is well managed with the extensive support he has in Owen Sound.
In answer to questions from counsel for Mr. Summers, Dr. Shariati agreed that Mr. Summers is engaged with community programs and with the Indigenous programs in Owen Sound. He acknowledged that Mr. Summers does not act on the hallucinations, and that they do not cause him to act violently.
Dr. Shariat stated, that in his opinion, alcohol and cannabis have a detrimental effect on Mr. Summers’ mental stability. He indicated that Mr. Summers has a family physician in Owen Sound.
In answer to questions from the panel, Dr. Shariati advised that Mr. Summers only reports the hallucinations when asked, but then he is very open about discussing them. Dr. Shariati believes that living with his grandmothers and the supports Mr. Summers receives is very reasonable.
Submissions
The Hospital submitted that Mr. Summers’ discharge to the community is very recent, and that it is unusual for the Hospital to maintain care for someone who resides a considerable distance from the hospital. He has significant support in Owen Sound at this time, including the ACT team and the FOP. Mr. Summers enjoys the support of his family, but the Hospital stressed the significant relapse in June 2023 after consuming substances. The Hospital submitted that it is necessary for the Hospital to readmit Mr. Summers rapidly should the need arise. It is also important for the Hospital to have the ability to approve housing for Mr. Summers. The Hospital recommended that Mr. Summers not be permitted to use substances. Counsel referred to Mr. Summers starting his substance use at a very young age, and that the use of substances will likely result in a decompensation of his stability and increase the risk to public safety.
The Crown supported the submissions of the Hospital, and specifically referred to the use of substances increasing the risk to public safety.
Counsel for Mr. Summers commented on the positive year for Mr. Sumers. He referred to the support he has in the community, and the fact that Mr. Summers has not used substances since June 2023. He urged the panel to accept that Mr. Summers has demonstrated that he can use substances responsibly, and that many people are monitoring his behaviour.
Analysis
The panel acknowledges that Mr. Summers has made significant progress this past year which is reflected in his discharge from the hospital to live with family in Owen Sound. He has been abstinent from substances since June 2023, and has been compliant with his treatment regimen. He attends his scheduled appointments faithfully, and has not exhibited any violent behaviour.
Mr. Summers, however, has a lengthy history of criminally violent behaviour as reflected in his criminal record.
He also has a psychiatric history that started when he was very young, and a history of substance abuse from a very young age to June 2023.
It is evident from the information provided in the Hospital Report and from the testimony of Dr. Shariati, that Mr. Summers continues to experience psychotic symptoms that Dr. Shariati described as treatment resistant.
Mr. Summers was discharged from the hospital a very short time ago, February 13, 2025, to reside with his family in Owen Sound. This is a profound change for him. Very strong supports have been arranged for Mr. Summers in Owen Sound which bodes well for his future mental stability.
Without the professional support that has been made available for Mr. Summers there is a strong likelihood that he would relapse into substance use, disengage from treatment, and be a significant risk to public safety. These support groups not only administer his medication, but also monitor his behaviour for any indication of a deterioration of his condition.
If his condition was to deteriorate, the Hospital needs the ability to readmit Mr. Summers to the hospital very quickly. It is also appropriate for the Hospital to have the ability to approve his housing, especially since Mr. Summers plans to move from his current residence with family to independent subsidized housing.
This panel accepts the evidence of Dr. Shariati with regard to substance use. Substances have a strong detrimental effect on the benefits of antipsychotic medication. Allowing Mr. Summers to consume substances presents a substantial risk to his mental stability, and therefore, his risk to public safety. This is clearly seen in the events of June 2023.
Mr. Summers remains a significant threat to the safety of the public, and a detention order is necessary and appropriate. The provisions of the Mental Health Act are insufficient for the reasons stated by Dr. Shariati to manage the risk to public safety.
Removing the clause from the current Disposition prohibiting the use of substances is inappropriate. Mr. Summers has made significant progress while abstinent from substances, and it is quite likely he would regress if he consumed substances, which would increase his risk to public safety. A detention order with the same terms and conditions as the existing Disposition is necessary and appropriate.
In coming to this conclusion, the panel has applied the principles provided in s.672.5401 of the Criminal Code.
Dated this 7th day of April 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
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Office of the Registrar
Ontario Review Board