Re David White, 2025 CanLII 31428

Ontario Review Board

Re: David White

ORB File No: 6283

Hearing held on: Thursday March 20, 2025

Place of Hearing: North Bay Regional Health Centre

Pursuant to: Section 672.81(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: David White

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 February 11, 2013, David White was found not criminally responsible on account of mental disorder on charges of criminal harassment and fail to comply with a probation order (x2) all contrary to the Criminal Code. Mr. White is subject to a disposition of the Ontario Review Board (the Board) dated April 2, 2024, ordering his detention at the Forensic Programs of the North Bay Regional Health Centre (the Hospital) 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. White`s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. White was present and represented by counsel, Mr. Stickland. The issues to be determined at the hearing were whether Mr. White 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 advised that the position of the Hospital was that Mr. White constituted a significant threat to the safety of the public and that the necessary and appropriate disposition was a detention order with the same terms and conditions as the current order.

4. Both Counsel for the Attorney General and Counsel for Mr. White joined the Hospital in recommending a continuation detention order without change.

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. Munro, Mr. White’s’ treating psychiatrist.

Findings:

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

Index Offences:

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

According to Crown materials, Mr. White, while bound by a probation order with conditions relating to the complainants (Alisha Theriault and Justin Richards, her common-law partner), was arrested in an intoxicated state on June 15, 2012, on two charges of breach of probation. Police subsequently charged him with criminal harassment. The conditions of Mr. White’s probation order specified that he was not to 1) molest, harass or in any manner physically interfere with these individuals or 2) communicate directly or indirectly with them. The synopsis indicates that, between 5 PM or 6 PM on June 14, 2012, Mr. White allegedly completion by communicating with Alisha Theriault. More specifically Mr. way allegedly yelled at her, ‘I can see you; you’re so desirable!’ According to the witness statement of officer Rossetto, Mr. White yelled this at Ms. Theriault from the steps of his residence while she was in her driveway preparing her car to take her son to the mall.

The synopsis also indicates that Mr. White was known to suffer from schizophrenia, and he appeared to be fixated on Ms. Theriault and Mr. Richards. He had allegedly yielded anyone who attended at their home and monitored and harass them by walking past their residence, completing his music loudly, and standing outside yelling every time they exit their home. Mr. White’s routine communication and behaviour – watching ranting and raving at all those who attended their residence – the complainants to the extent warranted charges for harassment and breach of probation, the latter on the basis of failure to keep the peace of the behaviour.

The witness statement of M. Rossetto indicates that Mr. White had previously been charged for threatening Alisha Theriault and was on probation with numerous conditions pertaining to her and her partner, Justin Richards. Specifically, Mr. White was not to have any communication directly or indirectly with them, to remain away from their place of residence, and not to molest, harass pr physically interfere with them. Officer Rossetto attended the residence of Ms. Theriault and Mr. Richards on June 15, 2012, to speak with them regarding their ongoing dispute with their neighbor, David White, who resided nearby. The complainants reported that Mr. White had been ranting and raving and drinking while outside of his house for the past two days, and that when they arrived home that day at approximately 1230 hours, he had allegedly told them to fuck off and to go inside, and then he screamed something about sending him back to jail. The complainants further indicated that, as they had not only observed Mr. White sitting on his steps ranting and playing very loud music, but also on the street walking past their house around 2300 or 2330 hours on June 14, 2012, and again at 0300 hours on June 15, 2012, they had called the police, who had then attended and directed him back to his residence (incident SM12013107). Having informed officer Rosetto that they have an 11-month-old son, and that Mr. Richards has a 6-year-old daughter who frequents their residence and was expected to be there at 1500 hours that day, the complainants indicated that they felt very unsafe. Having also informed Mr. Rossetto that she hadn’t slept in 2 nights because Mr. White’s drunken ranting had kept her awake, Ms. Theriault disclosed that she was fearful of him that she slept with a knife whenever her husband was away from their home.

Background Information Regarding the Accused:

8. Mr. White is 63 years of age, single and has no dependents. He was born in Nova Scotia and is the third oldest sibling six boys. In 1967, when he was five years old, Mr. Boyd’s family relocated to Sault Ste. Marie where his father worked in the steel mill. He dropped out of school and left the family home at 16. His mother reports that he became difficult to reason with and was not willing to be told what he could not do.

9. Mr. White suffered a head injury in a motorcycle accident when he was 22. An MRI

in March 2024 indicated that his brain demonstrated mild-to-moderate atrophy and chronic microvascular disease.

Legal History:

10. Mr. White has criminal convictions for uttering threats x2 and breaches of court orders x3 from the spring of 2012 a few months prior to the index offences.

Substance Use History

11. Mr. White has a lengthy history of substance use including alcohol and cannabis.

Psychiatric History

12. Me. White’s first the hospital with respect to mental health related issues appears to have occurred in 1989 but clinical records from the Sault Ste. Marie area prior to 2008 have not been made available to the Hospital. In 2008 Mr. White was admitted to hospital after having been brought the emergency room by police. After a few weeks he was discharged with a diagnosis of schizophrenia and alcohol abuse. He was again admitted to hospital in 2010 after a community nurse reported that he was hearing voices and had thoughts of hurting himself. He was admitted to hospital for observation with respect to self-harm. His discharge diagnosis was schizophrenia versus schizoaffective disorder and alcohol abuse. In 2011 he was brought to the emergency room by his CMHA worker as he was drinking excessively and falling down frequently. He had stopped his long-acting medication a few months prior. After restarting his medications, he settled and was discharged with a diagnosis of schizophrenia and alcohol abuse.

Current Diagnosis

13. Mr. Daniels’ current diagnoses are:

• Schizoaffective Disorder, Bipolar Type

• Mild Neurocognitive Impairment Secondary to Traumatic Brain Injury

• Alcohol Use Disorder, in sustained remission in a controlled environment

• Cannabis Use Disorder, in sustained remission in a controlled environment

Evidence of Dr. Munro

14. Dr. Munro indicated that she took over as Mr. White’s treating psychiatrist in January 2025. She indicated that he was doing well and was adhering to prescribed medication although he continued to experience perceptual disturbances. There had been no significant behavioural concerns over the reporting year. He was currently on the waiting list for an eight-bed residence with 24/7 staffing in Sault Ste. Marie which could be a long-term residence for him. Although he is at the top of the waiting list it may still be 1 to 2 years before a bed is available at the residence.

15. In response to questions from panel members, Dr. Munro indicated that Mr. White’s neurocognitive disorder has resulted in a progressive decline in his cognitive abilities. A referral to geriatric psychiatry department is pending.

Analysis and Conclusion, Significant Threat:

16. Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Mr. White does represent a significant threat to the safety of the public. He suffers from a major mental illness, schizoaffective disorder bipolar type and despite compliance with prescribed medications continued to exhibit positive symptoms of his illness. His insight into his illness and the need for ongoing medication compliance varies and he has a long history of failing to adhere to prescribed medications and psychiatric follow-up in the community.

17. Mr. White’s last risk assessment in January 2023 indicated as follows:

Mr. White is a 61-year-old male who, following a head injury he suffered in a motorcycle accident at age 22, has led a marginal existence. Although his psychiatric history dates back to 1989, Mr. White appears to have functioned relatively well, and he does not have a criminal record until 2012. The criminal record, as well as his index offence, appear to be largely due to a combination of medication non-compliance and significant alcohol abuse. Following his hospitalization and resumption of treatment, Mr. White has become more stable, but remained largely self-seclusive, and not open to intensive, long-term treatments of his alcohol abuse issues, such as attending a residential treatment or engaging with AA.

During the most recent rating period, Mr. White has discontinued some of his medication without consulting his attending psychiatrist, which had led to his decompensation and eventual need for rehospitalisation. Mr. White also consumed alcohol. The combination of medication non-compliance and alcohol consumption were significant contributing factors to his index offence. Furthermore, Mr. White’s records document that he had experienced significant deterioration in his mental health and functioning in the past when he disengaged from his professional supports. While Mr. White appears to have achieved some insight into his mental illness, his insight on the effect of substance use, medication non-compliance, and disengaging from professional supports on his mental health and potential risk of reoffending violently is, very limited.

Mr. White’s total PCL-R: 2 score of 17 (out of possible 40) placed him at the 27th percentile in relation to a comparison group consisting of forensic psychiatric patients. His VRAG score falls in category 5 of 9 for risk of violent recidivism, which places him at the 54th percentile relative to the development sample of mentally disordered offenders. 48% of that sample re-offended violently within an average of 10 years after gaining the opportunity.

Overall, Mr. White’s VRAG score and the historical factors of the HCR-20 indicate a moderate-to-high risk of reoffending. With proper management of his psychiatric illness, continued engagement with the community mental health supports, and sustained abstinence, Mr. White’s risk of violent reoffending can be managed. Absent these measures, Mr. White’s risk of violence increases significantly.

18. Absent the supervision Board it is highly likely that Mr. White would disengage from mental health supports, discontinue taking medication and resume the use of alcohol resulting in a deterioration in his mental state that would put him and others at acute risk of harm. This risk is exacerbated by his continuing cognitive decline.

Analysis and Conclusion, Necessary and Appropriate Disposition:

19. The Board finds that the evidence also amply supports the joint submission that the necessary and appropriate disposition is a detention order with the same terms as the current order. The order currently provides for residence in approved accommodation and the evidence supports a finding that the Hospital requires the ability to approve accommodation in order to manage risk as well as to assist in his re-integration into the community.

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