Ontario Review Board
Re: Theresa Lidguerre
ORB File No: 7082
Hearing held on: Tuesday, February 11, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Hageraats
Members: Dr. G. Glancy Dr. G. Boulais Mr. P. Capelle Mr. A. Bernardo
Parties Appearing:
Accused: Theresa Lidguerre Counsel: Mr. M. Smith
Person in charge of hospital: Representative: Dr. F. Wood
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 9, 2025)
Introduction and Position of the Parties
On December 28, 2016, the accused, Theresa Lidguerre, was found not criminally responsible (NCR) by reason of mental disorder on three counts of uttering a threat to cause death or bodily harm, all contrary to the Criminal Code of Canada (the Criminal Code).
Ms. Lidguerre is currently subject to a disposition of the Review Board dated February 22, 2024, which discharges her on certain terms and conditions.
On February 11th, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Royal Ottawa Mental Health Centre (“ROMHC”) pursuant to s. 672.81(1) of the Criminal Code of Canada. The annual review for Ms. Lidguerre was held in person. The hospital was represented by Dr. Floyd Wood, the Attorney-General by Ms. Marie Dufort and Ms. Lidguerre’s counsel, Ms. Michael Smith.
Without Prejudice Position of the Parties:
- Dr. Wood indicated that the hospital was recommending an absolute discharge. Both Mr. Smith, on behalf of Ms. Lidguerre, and Ms. Dufort, on behalf of the hospital, indicated that they wished to hear evidence before taking a position.
Background and Index Offences
The Board admitted into evidence the Hospital Report dated January 10th, 2025 as Exhibit 1. That document provides a great deal of information concerning Ms. Lidguerre’s personal history, mental health history as well as her course in hospital and in the community both prior to and subsequent to the index offences. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.
Briefly, Ms. Lidguerre's criminal record consists of a 2006 aggravated assault conviction for stabbing a male roommate. She received a 52-month prison sentence and was also convicted of violating her probation order. Doctors believe she may have been experiencing psychotic symptoms, including delusions and command hallucinations, though this was never formally assessed at the time. In 2014, she was again convicted of an assault for punching and slapping someone who owed her money.
Ms. Lidguerre has schizophrenia, diagnosed over twenty years ago when she was in her early thirties. For ten years, she received little or no treatment. Her symptoms include paranoid delusions, hearing voices, and suspiciousness of others. Her paranoid delusions have directly led to her feeling threatened and becoming aggressive. Some of her suspicion stems from cultural mistrust attributable to personal and generational trauma, as well as negative experiences with medical and correctional systems. For years, she believed her aggressive actions were justified responses to persecution. She has often distrusted authority figures, believing they were persecuting her. At times, her real experiences become mixed with her delusions, making it hard to separate reality from her beliefs. When unwell, her schizophrenia has impaired her functioning, leading to criminal charges, convictions, and hospitalizations. In the past, she was deemed treatment incapable. When unwell, Ms. Lidguerre has struggled with relationships and employment due to substance use and paranoid thoughts.
The index offences took place in 2016, and are described in the Hospital Report as follows:
“On November 19, 2016, an email was sent from Ms. Lidguerre’s email account to the Prime Minister’s website, which read, “Does justice done in Canada or are you all about organized crime? You been helping ass fuckers (Hell’s Angels). Did you know you’re helping them to take over the world therefore I’m starting war against Canada Canadians fucked me far too long. It’s time to kill you all. It’s a cold day in hell if all this country.” On November 22nd, the Office of the Prime Minister reported that they had received this message from Ms. Lidguerre and that it was a possible security threat.
On November 23rd, police queried Ms. Lidguerre’s Facebook account and discovered that she had posted three messages on July 23, 2016. The first message read as follows: “If parliament didn’t help ass fuckers then why are these ass fuckers in Ottawa? They are at les suites hotel on Waller Street and Besserer Street downtown the hotels should be blown up with them all along with Prime Minister Justin Trudeau”. The next message read, “Once I kill Trudeau the parliament won’t have a choice but to kill me, and I’ll be back with my father the devil himself along with my friends Otar”. The third message read, “Ass fuckers are at les suites hotel on Waller Street and Besserer Street in Ottawa, Ontario, the whole hotel should be blown up with them along with Justin Trudeau for helping them. I made Justin Trudeau prime minister I asked him for help he told me to fuck off I’m gonna kill you for what you done to these bikers. Everybody who thinks they have a deal with me, think again, I never made deals with anyone and never will, you all come after my money. Fuck you too Gotti.”
Police further discovered a message dated August 14, 2016, on Ms. Lidguerre’s Facebook account reading, “You ass fuckers threaten these two people not to help me. You ass fuckers will pay for it. If you think that I’ll help you you’ve got another thing coming. Ass fuckers will be all dead as soon as your prime minister is dead. All you ass fuckers will be dead and party on prime minister will be dead sooner than later.”
Two days later, on August 16th, another message was posted by Ms. Lidguerre on the Liberal Party of Canada website, which read, “Who the fuck you think you are sending me email to walk with gay people I can’t stand gay people Justin Trudeau should be shot in the head for this and also for helping organized crime one way or the other prime minister will be dead sooner than later. Fuck you very much. This is Theresa Lidguerre, the real genius, the king”.
Current Diagnoses
- Ms. Lidguerre is currently diagnosed with:
Schizophrenia,
Cannabis Use Disorder, active episodic use,
Alcohol Use Disorder, in sustained remission.
Evidence at the Hearing
Ms. Lidguerre has had another uneventful year. She has continued her routine of attending gym group at the ROMHC and volunteering at a food bank on a part-time basis. She recently began attending an indigenous program known as the Willow Program.
Dr. Wood described his patient’s ability to self-limit her cannabis consumption to 1.5 grams per day as internally motivated. She expresses no desire to smoke a higher quantity. Ms. Lidguerre’s use of cannabis is for relaxation, sleep and may include a social component. Ms. Lidguerre is also internally motivated to continue taking Seroquel as she recognizes that it helps maintain her mental stability. Ms. Lidguerre currently meets approximately once per month with Dr. Wood before or after her ROMHC gym group. Although the frequency of meetings would likely decline if she receives an absolute discharge, she could still access his services in times of crisis.
Responding to questions from Ms. Dufort, Dr. Wood testified that he could remain Ms. Lidguerre’s psychiatrist in the event of an Absolute Discharge, adding that the ROMHC also has non-forensic psychiatrists able to follow patients longer term. Ms. Lidguerre can continue to attend her ROMHC gym group for as long as she wishes and to access CMHA resources. Mr. Woodward, her CMHA worker is present at this hearing. They currently connect twice per month, usually once via phone and once in person although their interactions are ordinarily quite brief. Dr. Wood opined that they enjoy a trusting relationship and referenced the following excerpt from page 83 of the Hospital Report, reproduced below:
“Ms. Lidguerre has also been regularly meeting with her mental health worker from the CMHA, Cory Woodward, who provided positive feedback about their relationship. This was with the exception of May 2024, where Ms. Lidguerre appeared to be more suspicious towards Mr. Woodward for a few weeks. This seemed to stem from Mr. Woodward inquiring about the source of her “Indian cigarettes”, and then there was a change in the individual that sold her the cigarettes, which led to her to believe Mr. Woodward had called police. At the same time, Ms. Lidguerre expressed concerns that staff from Ottawa Community Housing (OCH) were entering her apartment without consent, reporting that there was a missing gift card that later appeared in her closet. Also, she has been suspicious of money from the Canada Revenue Agency (CRA) being taken by OCH. It was learned that Ms. Lidguerre had an H&R Block account, and that the CRA money was likely being held there, but she has not taken steps to pursue this while also refusing to allow Mr. Woodward to assist. Since this time, however, Ms. Lidguerre’s engagement with Mr. Woodward improved, and she would spontaneously reach out to him for assistance while readily engaging during their scheduled meetings
Ms. Lidguerre continues to live in her apartment. No concerns surrounding the stability of housing have been expressed by Mr. Woodward or by her recreational therapist.
Her urine drug screens have often returned negative for Abilify although she states she continues to take this medication. Nevertheless, no changes in her mental state have been noted or how she engages with the treatment team. Her mental stability is apparent in that she has been able to observe some of the Palestinian protests but has not engaged as she previously would. More generally, Ms. Lidguerre has also shown an ability to not involve herself with political on-line postings which contrasts to what occurred at the time of the index offence.
Ms. Lidguerre has a group of friends in the city and continues to connect with her family in Saskatchewan through social media. Dr. Wood expressed limited concerns vis-à-vis Ms. Lidguerre travelling to Saskatchewan to visit family. He explained that she has made her home in Ottawa and also has a niece in the Ottawa area.
Ms. Lidguerre has remained at her mental baseline. Dr. Wood noted that last year’s Board made reference to her approaching the threshold of no longer presenting a significant threat to public safety.
Ms. Lidguerre is described as indifferent whether she remains on a conditional discharge or receives an absolute discharge.
A panel member inquired as to the possibility that an absolute discharge may destabilize Ms. Lidguerre. Dr. Wood does not believe that to be the case as she has continued to advocate for a conditional discharge so as not to lose the supports she currently enjoys.
There have been no concerns about the use of alcohol for the past decade. Dr. Wood advised that his patient is quite focussed on her physical health and unlikely to resume drinking. Mr. Woodward, who will continue to see her in the community, has never expressed any concerns in regard to alcohol consumption or intoxication.
Closing Observations
- Dr. Wood had nothing to add, whereas Ms. Dufort submitted that at this juncture Ms. Lidguerre no longer presents a significant threat. Therefore, if the Board agrees, Ms. Lidguerre should be absolutely discharged. Mr. Smith submitted that he was in agreement with the hospital position and that an absolute discharge is appropriate in the circumstances.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Ms. Lidguerre continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Ms. Lidguerre no longer poses a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Wood in this regard. The Board also relies on the Hospital Report and the Risk Assessment contained therein at page 88. The panel recognizes that Ms. Lidguerre’ preference, as set out at page 88 of the Hospital Report, is to remain on a conditional discharge because she does not perceive the terms and conditions as restrictive. Additionally, to her credit, she recognizes that the ROMHC’s forensic support team has played an important role “in reducing any potential severe decompensation in her mental health and stability in the community.” However, at this juncture it is important to recognize that the ROMHC as overseen by this Board has succeeded in enabling Ms. Lidguerre to shed the oversight of this Tribunal. It certainly appears that Ms. Lidguerre is content and able to maintain a fairly active social life. We wish her well with her future goals and recognize the dedication of Dr. Wood and the treatment team in achieving this important milestone.
Conclusion
In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Hwang and the information contained in the hospital report. Flowing from this finding, Ms. Lidguerre is entitled to an absolute discharge.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Wood and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Ms. Lidguerre ’s mental condition, her reintegration into society and other needs.
DATED this 9th day of April 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Legal Member
Office of the Registrar Ontario Review Board