Re: Nathan Rienguette
ORB File No: 6676
Hearing held on: March 20, 2025
Place of hearing: North Bay Regional Heath Centre- North Bay Site
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. A.D. Jones Dr. T. Stirpe The Hon. E. Kruzick Ms. K. Brisson
Parties Appearing:
Accused: Nathan Rienguette Counsel: Mr. C. Bracken
The Person in charge of Hospital: Representative: Ms. C. Condie Counsel: Mr. P. Trenker
Attorney General of Ontario: Counsel: Mr. P. Lambert-Belanger
REASONS FOR DISPOSITION
(Dated April 8, 2025)
Introduction
On January 13, 2015 Nathan Rienguette was found not criminally responsible on account of mental disorder (NCR) on a charge of breach of probation and two charges of assault, contrary to the Criminal Code of Canada (Criminal Code).
Mr. Rienguette is currently subject to a disposition of the Ontario Review Board (the Board or ORB) dated April 2, 2024, which detains him at the forensic programs of the North Bay Regional Health Centre-North Bay Site (NBRHC or, the hospital) subject to several restrictions on his liberty and other privileges, the most liberal of which is to live in the community in accommodation approved by the person in charge.
On March 20, 2025, a panel of the ORB convened a hearing at the NBRHC pursuant to s. 672.81(1) of the Criminal Code. At the request of Mr. Bracken, and in the interests of justice, pursuant to s. 672.5(8)(b) of the Criminal Code, Mr. C. Bracken was appointed counsel for Mr. Nathan Rienguette. Mr. Rienguette was in attendance represented by his counsel. Also in attendance were Mr. Rienguette’s Canadian Mental Health Association (CMHA) Case Manager, Ms. F. Whitehead and the hospital occupational therapist, Ms. J. Amyotte.
Position of the Parties
- At the outset of the hearing counsel for the hospital, Mr. Trenker indicated the position that Mr. Rienguette remains a significant threat to the safety of the public and that the hospital recommends a conditional discharge disposition with the terms and conditions as set out in the Hospital Report. Counsel for the Attorney General, Mr. P. Lambert-Belanger, and counsel for Mr. Rienguette concurred. As a result, this was a joint submission.
Hearing Issues
- The issues to be determined are whether Mr. Rienguette poses a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
Findings
- For the Reasons that follow, the panel found that the threshold for significant threat is met and that the necessary and appropriate disposition is a Conditional Discharge on conditions as set out in Hospital Report.
Index Offence
- The allegations giving rise to the index offence are set out in paras 5 and 6 of last year’s Reasons for Disposition as follows:
“The following was gleaned from the Greater Sudbury Police Service Arrest Report dated September 13, 2014:
Nathan Rienguette (18yrs) is diagnosed as a paranoid schizophrenic and a resident at 680 Kirkwood Dr. in Sudbury, commonly known as the Algoma Hospital Kirkwood Site.
On the 13Sept14 at 1441hrs, Rienguette stormed out of his room and ran towards psychiatric nurse Candace Reay.
Rienguette struck Reay in the head, using his fist two times.
Reay subsequently attended at Health Sciences North on her own for examination.
Rienguette continued his behaviour by attacking an elderly patient Leo Lajambe, who suffers from Alzheimer’s and is incapable of defending himself.
Lajambe was struck in the nose and received a nosebleed to the facial area.
Lajambe was treated at the scene by paramedics and was released to nurses on the floor. Patient Rienguette was subsequently released from the Algoma Unit by Dr. Chavlais at 1515hrs.
Nathan Rienguette was identified by nursing staff at the Algoma Site and was located in his room, #417.
A CPIC query of Rienguette showed that Rienguette was breaching a Probation Order under the YCJA, which was endorsed by Judge Keast on the 10Jan14.
Rienguette was subsequently breaching the following condition of his Probation, namely a failure to keep the peace and be of good behaviour.
Rienguette was escorted from his room to the cruiser and while seated in the rear of the cruiser, was arrested for common Assault x2 and Breach of Probation by Cst. Bilodeau.
These charges and rights were understood.
The accused party was escorted to headquarters, where at 1600hrs he contacted his lawyer Alex Toffoli.
Since there is a bona fide concern for public safety and the fact that his next of kin, being his mother, Cathy Rienguette was stabbed in March 2013 and that Rienguette was an adult and had a history of violence, he was held for Bail.”
With respect to the above-reference incident involving Mr. Rienguette’s mother in 2013, the Hospital Report contains the following summary, which is important to note given its likely relevance to Mr. Rienguette’s state of mind at the time of the Index Offences:
“Mr. Rienguette was charged with aggravated assault and assault causing bodily harm on March 22, 2013 when he stabbed his mother in the upper arm. Ms. Rienguette was sleeping in her bed when Mr. Rienguette busted down her bedroom door and stabbed her. He was initially detained at the Cecil Face Centre in Sudbury and then transferred to the Syl Apps Treatment Centre in Oakville on May 2013, as he was presenting with symptoms of paranoia and psychosis. Although there are comments in his chart that seem to indicate that he was quite paranoid and having delusional thoughts at the time of the assault on his mother, it appears that he was not assessed for his eligibility for an NCR defense in that incident. Mr. Rienguette’s mother had spoken to the psychiatrist at the Syl Apps Centre and told them about Mr. Rienguette’s paranoia and delusions, and that he believed she was going to have a boyfriend who was going to molest him. Dr. Rhodri Evans wrote in a psychiatric report dated October 8, 2013 “it was stated that Nathan’s father had warned him that any new partner entering his mother’s life would treat him poorly. He would appear that this specific concern featured prominently in Nathan’s thinking, prior to his detention and custody and may have been an element that contributed to the index offence.”
Background Information
Details of Mr. Rienguette’s background are set out in the Hospital Report and therefore are only summarized.
Mr. Rienguette is a 28-year-old man of mixed racial origin. His mother is Caucasian, and his father is Jamaican. His parents’ who were never married ended their relationship in 2011 as a result of his father’s infidelity and domestic violence.
As a child, Mr. Rienguette was difficult to manage. At the age of 5, he was diagnosed with attention deficit hyperactivity disorder (ADHD). Academic and behavioral difficulties were reported throughout his childhood resulting in multiple school suspensions. He was physically abused by his father which resulted in contacts with the Children’s Aid Society of Sudbury. Mr. Rienguette has a history of asthma as well as the history of obesity. His physical health is generally stable. Historic documentation suggests that Mr. Rienguette does not drink or use drugs.
Mr. Rienguette’s first hospitalization for mental health reasons commenced in or about 2013 and as set out with greater detail in the Hospital Report.
On September 18, 2014 Mr. Rienguette was admitted to the Mental Health and the Law Division of the NBRHC pursuant to an Assessment Order dated September 17, 2014. Mr. Rienguette was found NCR on January 13, 2015. Subsequently he was detained by the NBRHC.
Prior to his arrest and detention in custody with respect to the assault on his mother Mr. Rienguette had never lived outside of the family home.
Mr. Rienguette is capable of consenting to treatment and capable of managing his finances. He receives monthly benefits from the Ontario Disability Support Program (ODSP) as well as some additional earnings he has had from employment. He presently resides in North Bay at Percy Place, 342 Percy St., a 24-hour supervised shared home operated by the local Canadian Mental Health Association (CMHA).
On June 13, 2023, he moved into a semi-independent apartment at 342 Percy Street, North Bay, Percy Place, CMHA housing, where he currently resides.
Evidence
The Hospital Report dated February 18, 2025, was made an exhibit at the hearing. In addition, Dr. Gagnon, who co-authored the report, testified orally and adopted the contents of the Hospital Report.
Confirmed by Dr. Gagnon, the Hospital Report sets out remarkable gains that Mr. Rienguette has made in his reintegration into the community. Nevertheless, Dr. Gagnon opined, as set out in the Hospital Report that, given Mr. Rienguette’s diagnoses of schizophrenia and avoidant personality disorder, Mr. Rienguette continues to pose a significant risk to the safety of the public.
As set out in the Hospital Report, Dr. Gagnon expressed his opinion that Mr. Rienguette remains particularly susceptible to high levels of anxiety when experiencing stress related to interpersonal conflict. Mr. Rienguette’s vulnerability and risk lies with two stressors; limited capacity to cope independently and his limited social support network.
Given Mr. Rienguette’s positive trajectory, Dr. Gagnon was of the view that risk to the public safety could be managed with a Conditional Discharge Disposition with the conditions and terms as set out in the Hospital Report. At pps. 81-82 of the Hospital Report, the recommended conditions for Mr. Rienguette are:
(a) Continue to reside at 342 Percy Street, North Bay
(b) Report to the person in charge of the North Bay Regional Health Centre-North Bay site, or his or her designate, as required;
(c) Notify the person in charge of the in charge of the North Bay Regional Health Centre-North Bay site, or his or her designate, of any absence from his residence for greater than 24 hours;
(d) Notify the Ontario Review Board and the person in charge of the in charge of the North Bay Regional Health Centre-North Bay site, or his or her designate, of any change of address or telephone number;
(e) Keep the peace and be of good behaviour.
Dr. Gagnon testified that Mr. Rienguette has made good progress at Percy Place and has transitioned to what is effectively a bachelor apartment on the second floor of the facility. Living in this separate unit, Mr. Rienguette continues to have access to all the support and the services of Percy Place.
The evidence of Dr. Gagnon was he now has good insight into his mental illness and his need for medication.
On a further positive note, during this reporting year, Dr. Gagnon testified that Mr. Rienguette finished high school and was seasonally employed until the job ended.
No other evidence was called.
Submissions
- As set out above, after hearing the evidence, the joint submission of counsel for all the parties remained that Mr. Rienguette remains a significant threat to the safety of the public. Jointly, counsel recommended a conditional discharge disposition on the terms and conditions as set out in the Hospital Report.
Analysis
Significant Threat
Mindful of the joint submission of counsel for all the parties, the panel independently finds based the evidence of Dr. Gagnon and as set out in the Hospital Report, that Mr. Rienguette continues to pose real risk of serious physical or psychological harm.
Mr. Rienguette’s assaults upon his mother and then the psychiatric nurse and an elderly patient were serious acts of criminal nature. The Supreme Court of Canada in Winko vs. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), 1999 2 S.C.R. 625, at para. 62 referred to a significant threat as: “[A] real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the mere trivial or annoying. The conduct giving rise to harm must be criminal in nature”. Justice McLachlin made it clear in Winko that the threshold of significant threat is a “relatively high” one. She said at paragraph 69 that the phrase conjectures a threat to public safety of sufficient importance to justify depriving a person of his or her liberty”.
While the assaults occurred in 2013 and 2014, Mr. Rienguette continues to suffer from a major mental illness, schizophrenia. The evidence supports that the manifestations of his illness include thought disorder, auditory hallucinations and paranoid and persecutory delusions that can result in irrational anger, irritability hostility and aggressive behavior.
The evidence also supports, with the early onset of Mr. Rienguette’s mental illness he has never lived independently or unsupervised in his adult years. He has a tendency to be reclusive and to engage in self-isolating and avoidant behaviours. We accept the expert evidence of Dr. Gagnon that left to his own devices, Mr. Rienguette would be highly likely to disengage from appropriate mental health supports. Although the evidence is that he demonstrates “fair” insight into the benefit he achieves from medication, Dr. Gagnon and the treatment team remain of the opinion that, without monitoring and support, it is highly likely that Mr. Rienguette would not reliably adhere to antipsychotic medication and the treatment regime which would result in further deterioration of his mental state. Given his history of violent and aggressive behavior when acutely unwell, the panel finds this would place both Mr. Rienguette and others at significant risk of harm.
Disposition
While Mr. Rienguette has made remarkable gains in his community reintegration, the evidence supports that he is easily overwhelmed by stressors and in turn develops anxiety when he resorts to dysfunctional means of communicating and dealing with his anxiety. We accept the evidence that, with supportive housing and the oversight of the hospital team, Mr. Rienguette can be adequately managed under a Conditional Discharge.
We accept the expert opinion of Dr. Gagnon that, if Mr. Rienguette abides by the conditions as recommended and set out in the Hospital Report at page 81-82, the public would be protected. Therefore, the conditions we impose are to:
(a) Continue to reside at 342 Percy Street, North Bay.
(b) Report to the Person in Charge of the North Bay Regional Health Centre – North Bay site, or his or her designate, as required;
(c) Notify the person in charge of the North Bay Regional Health Centre – North Bay site, or his or her designate, of any absence from his residence for greater than 24 hours;
(d) Notify the Ontario Review Board and the person in charge of the North Bay Regional Health Centre – North Bay site, or his or her designate, of any change of address or telephone number;
(e) Keep the peace and be of good behaviour.
- The evidence supports that this disposition would allow Mr. Rienguette considerable freedoms without putting the community at undue risk. We accept the evidence that such a disposition is necessary and appropriate in the circumstances and could realistically ensure the safety of the public which is paramount to our consideration.
Conclusion
Jurisdictional threshold of significant threat is met by the evidence at this hearing.
In the circumstances of this case, recognizing public safety as our ‘paramount consideration’ the necessary and appropriate disposition that is the least onerous and least restrictive is a Conditional Discharge on the conditions set out above.
The panel commends Mr. Rienguette for the good progress he has made to date and for the good working relationship he has with Dr. Gagnon and the hospital team. The panel wishes Mr. Rienguette continued success in the forthcoming year.
DATED this 8^th^ day of April 2025, at the City of Toronto, in the Toronto Region.
E. Kruzick
Legal Member
____________________________
Office of the Registrar
Ontario Review Board