Re: Laura M. Dennis, 2025 CanLII 31444

Ontario Review Board

Re: Laura M. Dennis

ORB File No: 8727/8728

Hearing held on: Monday, March 3, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein Members: Dr. R.D. Chandrasena Dr. R. Sheppard Ms. K. Tomaszewski Ms. C. Plyley

Parties Appearing:

Accused: Laura M. Dennis Counsel: Mr. W. Glover

The person in charge of hospital: Representative: Dr. J. Quinn

Attorney General of Ontario: Counsel: Ms. K. Dalrymple

REASONS FOR DISPOSITION

(Dated April 10, 2025)

Introduction:

1. On December 18, 2024, and on January 2, 2025, Ms. Laura Dennis was found unfit to stand trial on charges of theft not exceeding $5,000 (x2), possession of stolen property under $5,000 (x2), theft of a motor vehicle, possession of stolen property over $5,000, fail to comply with undertakings, and prohibited operation of a motor vehicle, all contrary to the Criminal Code of Canada (“Criminal Code”). These findings of unfitness were both based on a Fitness Report (“Fitness Report”) of Dr. Komer, dated August 3, 2024.

2. The Courts did not make a Disposition and ordered that Ms. Dennis be detained at the Southwest Centre for Forensic Mental Health Care (“Southwest”), for an initial Disposition by the Ontario Review Board (the “Board”) pursuant to s. 672.571 of the Criminal Code.

3. On March 3, 2025, the Board convened a hearing at Southwest to make an initial Disposition.

4. Ms. Dennis was present at the hearing and was represented by her counsel, Mr. Glover.

5. A Hospital Report, dated February 24, 2025 (the "Hospital Report"), was entered as Exhibit 1.

6. In accordance with s. 672.48(1) of the Criminal Code, the Board must decide whether Ms. Dennis is unfit to stand trial on the day of the hearing, within the meaning of s. 2 of the Criminal Code. Specifically, is Ms. Dennis unable, on account of mental disorder, to understand the nature of a trial and the possible consequences of the proceedings and to meaningfully communicate with counsel. If Ms. Dennis is found fit, she must be sent back to court. If she is found unfit, the Board must make a Disposition that is necessary and appropriate, considering the criteria set forth in s. 672.54 of the Criminal Code.

7. For the reasons set out below, and based on the expert evidence before it, the Board concluded that Ms. Dennis is fit to stand trial and that she should be returned to court. Furthermore, the Board ordered that a Keep Fit Order, pursuant to s. 672.49 of the Criminal Code, should be made, to ensure that Ms. Dennis’s fitness is maintained prior to her trial. Pending Ms. Dennis’s return to court, she is ordered to be detained at the Southwest Centre with the highest privilege level being to enter Elgin County, indirectly supervised.

Current Psychiatric Diagnoses:

8. Schizophrenia with a mood component (rule-out schizoaffective disorder)

Substance Use Disorder

Rule out antisocial personality disorder vs. traits

Outstanding Charges:

9. The circumstances giving rise to the Outstanding Charges are set out in the Hospital Report, as follows:

“It is alleged that on February 5, 2024, Ms. Dennis was with a co-accused who reversed a vehicle into the garage door of an equipment business causing a glass pane to shatter. He exited the vehicle and removed four chainsaws. The chainsaws were taken from the business by them when they left the scene in the vehicle.

Ms. Dennis allegedly entered an LCBO on May 24, 2024, selected a bottle of liquor from a shelf, concealed it in her bag and left the store without making an attempt to pay for it even though staff members attempted to advise her that she was required to pay.

It is further alleged that on May 30, 2024, Ms. Dennis entered the victim’s motor vehicle which was parked at a Chatham-Kent Health Alliance parking lot and removed a wallet valued at $800.00, $70 in cash and a pair of sunglasses valued at $350.00.

Ms. Dennis allegedly entered the victim’s unoccupied vehicle while it was parked at a Burger King parking lot on May 31, 2024. She stole a package of cigarettes. After the owner of the vehicle had been notified of the theft, he located and confronted Ms. Dennis in a bus shelter and retrieved his cigarettes without incident. Police located her and arrested her.

It is also alleged that on June 26, 2024, Ms. Dennis attended the parking lot at the police station in Chatham, entered a police officer’s vehicle, stole the victim’s keys, left the area, returned to the parking lot approximately two hours later, enters the victim’s vehicle, steals a ball cap, leaves the area, returns again approximately one hour later wearing the ball cap, enters the vehicle, starts the vehicle and steals it from the parking lot. In so doing, she violates an undertaking to not have care or control of a motor vehicle and operates a conveyance while prohibited from doing so. The victim notices his vehicle missing after he completes his shift. Ms. Dennis is identified via surveillance footage and a booking photograph. The police locate the vehicle after Dodge Customer Care contacts police with its location by GPS. Ms. Dennis was in the vehicle when police attended. She was extracted from the vehicle and arrested. Ms. Dennis was read her rights to counsel and caution to which she understood. She was taken to the police station and held pending a bail hearing.”

Legal History:

10. Ms. Dennis’ criminal history is set out in detail on pages 5 to 16 of the Hospital Report. They are accurately summarized in the Fitness Report, as follows:

“Ms. Dennis has numerous prior convictions from 2013 to 2023 for offenses including personation with intent to obtain property, public mischief, theft, assault, assault police, false alarm or fire, possession of a schedule I substance, possession of property obtained by crime, attempt to commit an offense, possession of an identity document, cause or attempt to cause use of a forged document, use of a credit card, theft of a motor vehicle, impaired operation of a conveyance, operating a conveyance while prohibited, fraud, fraudulently obtaining food or lodging, unlawfully in a dwelling house, failing to comply with a recognizance, failing to comply with an undertaking, failing to attend court, failing to appear and failing to comply with probation. She has been subject to numerous probation orders.”

Substance Abuse:

11. Ms. Dennis’ substance abuse is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

“Ms. Dennis previously reported that she used cannabis extensively and on a daily basis from the age of 14 until the day of her arrest on March 4, 2018. She said that she also started using cocaine, LSD, magic mushrooms, opiates and ecstasy when she was 14 years old. Ms. Dennis reported that she used cocaine and ecstasy on March 4, 2018. She said that she used crystal methamphetamine extensively from the age of 14 until March 4, 2018. Ms. Dennis said that she had used drugs intravenously. She reported that she participated in drug treatment programs including Brentwood Recovery Home in Windsor, Womankind in Hamilton (between 2008 and 2010) and Westover Treatment Centre in Thamesville (in 2006). Ms. Dennis said that she completed these programs. She told me that she had not attended the Withdrawal Management Program at Bluewater Health in Sarnia. Ms. Dennis reportedly had previously been on Methadone without success. She has had repeated cellulitis from using needles to inject drugs.”

Employment History:

12. Ms. Dennis is not gainfully employed. She has previously worked at a pizza restaurant, at a denture clinic, in retail and at a nursing home. Ms. Dennis has indicated that she has not worked since 2012. She had been previously supported by Ontario Works Benefits.

Course Subsequent to Admission to Southwest:

13. Ms. Dennis’s course subsequent to admission to Southwest is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

“Ms. Dennis was admitted to the A3 Assessment Unit at the Southwest Centre on October 28, 2024.

Ms. Dennis demonstrated clear psychotic symptoms during her admission to hospital. Her most notable and persistent symptom was thought disorganized.

She expressed other bizarre persecutory delusions.

Ms. Dennis also demonstrated some mood symptoms during her course in hospital.

On November 12, 2024, she abruptly exposed her chest to male peers. The team put a behaviour plan in place to avoid any risky sexual behaviour, given her vulnerability in that regard on the unit.

Ms. Dennis was occasionally nonadherent with medication, although she would generally take them with counselling from staff.

Ms. Dennis had two episodes of behavioural dysregulation requiring the brief use of locked seclusion.

Both incidents impressed as driven by delusional thinking and associated panic.”

Course Subsequent to Warrant of Committal:

14. Ms. Dennis’s course subsequent to her two Warrants of Committal is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

“Subsequent to being returned to hospital on a Warrant of Committal, Ms. Dennis had several treatment optimizations which have led to a gradual and modest improvement in her mental status.

She remains easily distracted and disorganized during longer conversations and is generally only able to tolerate short conversations using simple language.

During her time on A3, Ms. Dennis has been inconsistent in taking her medication.

Her medication adherence improved after she was found incapable to consent to treatment and her mother became her Substitute Decision Maker (SDM) on January 7, 2025.

Ms. Dennis has had relatively extensive medical issues and assessments while at the Southwest Centre. Diagnosing of her medical problems and treatment has been complicated by the fact that it is very difficult to conduct phlebotomy on her, owing to damaged veins.

Ms. Dennis has a significant history of substance use, particularly opioids and methamphetamine. Since her admission to the Southwest Centre, she has continually requested to discontinue her medication and to be put on methadone. Due to her significant history, she was started on Suboxone (an opioid replacement medication); however, she would not take it as prescribed, and on January 13, 2025, she presented with mild withdrawal symptoms due to not taking it appropriately. The drug was ultimately discontinued, although the A3 treatment team would consider re-initiating it as her cognitive function further improves.”

Position of the Parties:

15. Dr. J. Quinn, as the most responsible treating physician and representative of the hospital, took the position that Ms. Dennis is fit to stand trial but that a Keep Fit Order (pursuant to s. 672.59 of the Criminal Code) should be made, to maintain her fitness prior to trial. However, should the Board find that Ms. Dennis is unfit to stand trial, the hospital is recommending a Detention Order at Southwest.

16. Counsel for the Attorney General agreed with the position of the hospital.

17. Counsel for Ms. Dennis advised that his client agreed with the position of the hospital. He further advised that he has been able to obtain meaningful instructions from his client. He asserted she could meaningfully participate in a trial and that she meets the test set out in R v Taylor and R v Bharwani. He also agreed that a Keep Fit Order was necessary, and appropriate, to maintain his client’s fitness for trial.

Evidence at the Hearing:

18. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Jason Quinn. Dr. Quinn co-authored the Hospital Report and testified as follows:

a) He has been Ms. Dennis’ attending psychiatrist since she was admitted to Southwest, at the end of October 2024, pursuant to a treatment order. At the end of her treatment order, she remained unfit to stand trial.

b) Since her return to Southwest, pursuant to her Warrants of Committal, changes were made to her medication regimen. The treatment team has seen improvements in her mental status to such an extent that he now believes that she is fit to stand trial.

c) Ms. Dennis has a current diagnosis of schizophrenia and substance use disorder.

d) Ms. Dennis may have an antisocial personality disorder, although he is not prepared to make that diagnosis at this time. When Ms. Dennis was at Southwest, pursuant to a treatment order, she suffered from significant psychotic symptoms, including delusions such as her lawyer not being real.

e) Since the optimization of Ms. Dennis’ antipsychotics, she no longer suffers from delusions. She still suffers from some cognitive difficulties, but these can be managed with appropriate accommodations.

f) He agrees with Ms. Dennis’ counsel that Ms. Dennis can meaningfully communicate with counsel and that she meets the test set out in R v Taylor and R v Bharwani.

g) Ms. Dennis has a number of medical issues, which are being treated while she is in hospital.

h) He is recommending that Ms. Dennis have a follow-up MRI to see whether she suffers from neurosyphilis.

i) He adopts Ms. Dennis’s risk assessment, set out on pages 34 and 35 of the Hospital Report. Ms. Dennis still represents a significant threat to the safety of the public, for several reasons:

i. She still suffers from a major mental disorder;

ii. She has a history of violence including assaults;

iii. She has a significant substance use disorder and continues to experience cravings for substances; and

iv. She does not have any significant source of social support, or housing, in the community. Without a Keep Fit Order, in particular a Detention Order in hospital, her risk of violence would be elevated from moderate to high.

19. In response to questions from counsel for Ms. Dennis, Dr. Quinn testified:

a) If Ms. Dennis were returned to custody, or released into the community, instead of staying in the hospital under a Keep Fit Order, she would become nonadherent with her medication regimen, use substances, and become unfit to stand trial.

b) Ms. Dennis has a long history of not following up with treatment. She indicated that she intends to stop her antipsychotic medication, and other psychiatric treatments, when she leaves hospital.

c) Ms. Dennis’ cognitive issues and disorganization would make it very difficult for her to manage her medication regimen on her own.

20. In response to questions from the panel, Dr. Quinn testified:

a) It is his opinion that Ms. Dennis could meaningfully instruct counsel, meaningfully participate in a trial and understand its consequences. Ms. Dennis meets all the criteria set out in R v Taylor and R v Bharwani.

b) Ms. Dennis’s only difficulty is naming the specific outstanding charges. When she is able to review her paperwork and notes, she is able to remember the outstanding charges.

21. No other evidence was given.

Analysis and Conclusions:

22. Having heard and considered all of the evidence and submissions from the parties, the Board agrees with the joint submission of the parties: Ms. Dennis is fit to stand trial. The Board finds the test for fitness, as outlined in s. 672 of the Criminal Code and in R v Taylor and R v Bharwani, has been met. Ms. Dennis does understand the nature and object of the proceedings; she understands the possible consequences of the proceedings; and she could communicate meaningfully with counsel. Ms. Dennis has a reality-based understanding of the nature and object and possible consequences of the proceedings and has the ability to make decisions regarding her case.

23. In particular, the Board relies on the following extract from the Hospital Report:

“As in recent assessments, Ms. Dennis was ultimately able to know the nature and object of her proceedings and their possible consequences. Her understanding of her charges and the legal process was reality-based. She was likely able to communicate with counsel. Her apparent cognitive difficulties could impact her communication, however. She has support needs, including reframing questions in simple terms, having shorter interactions before she becomes frustrated, breaking complicated issues down into smaller parts, and repetition. However, when provided with such support, she is likely able to meaningfully participate in her defence, on balance.”

24. Ms. Dennis has a history of nonadherence with medication and follow-up. She has no social supports, or housing, available to her in the community. Absent supervision, Ms. Dennis would be at a high risk of treatment discontinuation, as she has no insight into her mental illness and limited insight into the role of substance use and its effects on her life and her illness. Based on her history, she would likely turn to substances to cope with stress, further compromising her fragile mental state. She has a pattern of exhibiting disorganized behaviours following decompensation and the emergence of psychotic symptoms, which would further disinhibit her and cause her to be disorganized. She would likely return to criminal behaviour, to facilitate her substance use. The Board therefore orders that Ms. Dennis be returned to court and that a Keep Fit Order is the necessary and appropriate finding in the matter.

25. Pending her return to court, pursuant to s. 672.49 of the Criminal Code, we find that the least onerous and least restrictive Disposition is as recommended in the Hospital Report. Ms. Dennis is to be detained at Southwest, with the terms set out in our formal order and Disposition.

DATED this 10^th^ day of April 2025, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein Alternate Chairperson Office of the Registrar Ontario Review Board