Kenneth Thibeault (Re), 2025 CanLII 31449

Ontario Review Board

Re: Kenneth Thibeault

ORB File No: 8105

Hearing held on: Monday, March 3, 2025

Place of Hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. C. Flanagan Members: Dr. K. Hand Dr. A. Kerry Mr. K. McKenna Ms. M. McKinnon

Parties Appearing:

Accused: Kenneth Thibeault Counsel: Mr. C. Cornale

Person in charge of Hospital: Counsel: Mr. S. O’Brien

Attorney General of Ontario: Counsel: Ms. C. Gzik

REASONS FOR DISPOSITON

(Dated April 9, 2025)

Introduction

1On June 13, 2022, Kenneth Thibeault was found not criminally responsible on account of mental disorder (“NCR”) on two charges of assault, both contrary to the Criminal Code.

2Mr. Thibeault is currently subject to the terms and conditions of a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated July 27, 2023, detaining him at the Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHH” or the “Hospital”) with certain privileges, including to live in the community of Southern Ontario in accommodation approved by the person in charge.

3On March 3, 2025, a panel of the Board, convened at the SJHH to conduct Mr. Thibeault’s annual review, and to make a Disposition pursuant to s. 672.81(1) of the Criminal Code.

4Mr. Thibeault attended the hearing and was represented by his counsel, Mr. C. Cornale. A Hospital Report dated July 5, 2024, and an updated Hospital Report dated February 20, 2025, were filed as Exhibits 1 and 2 at the hearing.

5The issue for the hearing is whether Mr. Thibeault continues to pose a significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition in all the circumstances.

6For the reasons set out below, the Board came to the unanimous conclusion that Mr. Thibeault continues to pose a significant threat to the safety of the public and the most appropriate and necessary Disposition is a continuation of the existing Disposition.

Initial Position of the Parties

7At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

8Mr. O’Brien, on behalf of the Hospital, submitted Mr. Thibeault represents a significant threat to the safety of the public and recommended the continuation of the existing Detention Disposition on the same terms and conditions.

9Ms. Gzik, on behalf of the Attorney General of Ontario, supported the Hospital’s recommendation.

10Mr. Cornale, on behalf of Mr. Thibeault, also supported the Hospital’s recommendation and conceded significant threat to the safety of the public.

Index Offences

11The circumstances of the index offences are taken from the Hospital Report as follows:

Assault (No. 1)

“On Wednesday February 24th, 2021, the accused Kenneth Thibeault and the victim [KD] were at 17 Gale Crescent in St. Catharines. 17 Gale is owned by Start Me Up Niagara a community agency designed to assist marginalized individuals seek various forms of assistance. Both parties were waiting outside the front doors to speak with workers at the center.

On February 24th, 2021, at around 0900hrs [KD] was on her cell phone outside the front doors of 17 Gale Crescent in St. Catharines. She was then approached by the accused Kenneth Thibeault who began to swear at her saying “Get the fuck off the phone”. He then got close to the victims face and spit in her face. The victim then punched the accused in the face to stop the assault at which time the accused kicked her in the leg and spat in her face again. As such the accused did commit the criminal offence of assault as defined by the Criminal Code.

The accused was arrested by police at 0942hrs as he was walking back toward the center. He was arrested without incident, cautioned and given his rights to counsel. The accused declined to speak with counsel and accused the victim of stealing the phone she was using from him two to three months prior.

Due to the fact that the accused was showing increasingly agitated and violent behaviour along with irrational thought he was also arrested under the Mental Health Act. He was subsequently transported to the Niagara Health Services for a psychiatric assessment.”

Assault (No. 2)

The victim and accused were casual acquaintances that frequented the same downtown area of Niagara Falls.

On Thursday October 28, 2021, the victim, [JK], had parked his e-bike in front of the Trikers Car Rental Shop, located at 4807 Victoria Avenue, Niagara Falls. The victim then went across the street to retrieve his belongings outside of the Big Bee located at 4787 Victoria Avenue.

The accused, Kenneth THIBEAULT, approached the victim and called out to him claiming that the victim was ignoring him. The accused then attacked the victim and punched him in the face multiple times with a closed fist. The attack was unprovoked, and the victim attempted to defended himself and fled across the street to returned to his e-bike with his belongings.

The accused followed the victim and punched him again in the face. The victim defended himself and attempted restrain the accused on the ground until he could get help. Three bystanders assisted the victim and allowed him to leave the area.

The accused fled the area and travelled Northbound on Victoria Avenue.

The victim returned to the area of his belongings and collapsed on the ground in tears. Witnesses contacted Police. It is believed the victim has suffered a broken nose as his nose was visibly crooked, swollen and there was a laceration on the side.

The victim was assessed by paramedics and the victim was advised that he would require further medical treatment for his injuries to his nose. The victim at that time did not attend the Hospital, however, he planned to seek medical attention later that day. The victim’s injury was photographed by Police.

The accused was located out front of 4310 Erie Avenue and arrested for assault cause bodily harm. The accused was identified verbally, and his identity was confirmed with a Niagara regional Police mugshot. The accused was transported to 2 District Central and lodged into cells to await a bail hearing.”

Criminal History

12Mr. Thibeault has an extensive criminal record consisting of numerous offences of violence including assault (x6), assault bodily harm (x4), utter threats (x4), and assault with a weapon. In addition, he has been convicted of several breach of court order offences.

Personal Background/Psychiatric History

13Mr. Thibeault’s personal background and psychiatric history are set out in detail in the Hospital Report filed as an exhibit at the hearing.

14Briefly, Mr. Thibeault grew up in Welland, Ontario. He moved to Scarborough with his mother, following his parents’ separation. He reportedly lived with roommates and between his mother’s and father’s homes as his substance use and partying often led to him being evicted. He has had no contact with his parents since approximately 2007.

15Following truancy, suspensions, and poor grades, Mr. Thibeault left high school in Grade 11 to pursue full time employment. He has worked at McDonald’s and the Woodbine Racetrack. His longest intimate relationship lasted one year and ended around 2005 and he has been financially supported by the Ontario Disability Support Program (ODSP) since 2007.

16Mr. Thibeault first used alcohol as a child and attended Alcoholics Anonymous at the age of 16. He was a daily alcohol drinker at the age of 18. He used cannabis at the age of 11 and was smoking it daily by 17 or 18 years of age. He was using cocaine at the age of 13 and taking it 2-3 times per month between the ages of 18 and 25. He also experimented with crack cocaine, heroin, MDMA, and LSD in his early twenties.

17Mr. Thibeault has multiple emergency room attendances and psychiatric admissions between December 2005 and February 2021. Much of this time, Mr. Thibeault was homeless and living in shelters or on the street. Over the years, Mr. Thibeault’s behaviour has been characterized by ongoing persecutory and grandiose delusional beliefs. Such grandiose delusions included he gained four million dollars from playing professional sports; that he was the son of the USA president, and that he owned “Northern Ontario”. His persecutory delusions included that people were out to get him and stealing from him. His history also includes delusions of reference, whereby events, objects, or other persons in his immediate environment are seen as having a particular and unusual significance.

18Mr. Thibeault’s well-established history of substance use often contributed to his psychotic episodes. As well, he has a history of not taking his prescribed medication when living in the community and not attending psychiatric follow-up appointments.

19Mr. Thibeault was found NCR on the two index offences of assault on June 13, 2022. Following his initial hearing before the Board, he was transferred to Waterfall 3 at SJHH. He was subsequently transferred to Orchard 3 on October 30, 2023, and was living in the community at the time of the hearing.

Current Diagnosis

20Mr. Thibeault is diagnosed with Delusional Disorder, Cannabis Use Disorder, Simulant Use Disorder, in sustained remission in a controlled environment, and Alcohol Use Disorder, in sustained remission, in a controlled environment.

Evidence at the Hearing

21The evidence was presented through the oral testimony of Dr. Y. Alatishe to supplement the evidence contained in the Hospital Report and updated Hospital Report, both filed as exhibits at the hearing. Dr. Alatishe has been Mr. Thibeault’s attending psychiatrist since October 2023. Mr. Thibeault remains incapable of making decisions regarding antipsychotic treatment and his substitute decision-maker (SDM) is the Public Guardian & Trustee (PG&T).

22Mr. Thibeault was discharged into the Hamilton community on January 14, 2025. He currently resides in a 24-hour supported and supervised home, sharing a room with a roommate. Dr. Alatishe advised that Mr. Thibeault’s current living situation is going well.

23Dr. Alatishe advised that over the reporting year, Mr. Thibeault’s mental state has been relatively stable with no breakthrough symptoms or periods of psychosis. The doctor advised that some of Mr. Thibeault’s residual psychotic symptoms and delusional beliefs remain, but his previous grandiose delusions, such as being a famous rock star or athlete, are no longer present. Mr. Thibeault has presented no problematic behaviour, both as an inpatient or since his discharge to the community.

24Dr. Alatishe reported that the last time Mr. Thibeault used substances was in June 2023. Mr. Thibeault is presently being seen by a substance use counselor monthly and has reported no substance cravings while in the community. The doctor stated that although there were two positive urine drug screens in August and September 2024, both were a false positive, which the doctor attributed to the Bupropion medication.

25The doctor advised that Mr. Thibeault’s oral medication is administered by staff at his residence. The doctor stated that considering Mr. Thibeault’s previous medication “cheeking” incident, he has some concern of him not using his oral medication appropriately, such as storing or inhaling it, if left to administer it on his own.

26Dr. Alatishe advised that given the commute in the early morning, Mr. Thibeault was no longer working as a groundskeeper at the hospital. He was presently looking for employment, taking courses in relation to that pursuit and recently secured the services of a family doctor.

27When asked, Dr. Alatishe advised that in the upcoming year, he would like Mr. Thibeault to remain mentally stable, adhere to his medication regimen, find a job, manage stress effectively, and importantly, remain substance-free.

28The doctor advised that Mr. Thibeault’s psychological risk assessment completed in 2023 remains valid. This assessment found his risk to be low-moderate under a Detention Order, and high without the ongoing supervision of the Board.

29Dr. Alatishe advised that Mr. Thibeault remains a significant risk to the safety of the public. His insight into his mental illness, medication, and substance use remains underdeveloped and without the oversight by the Board, would precipitate a decompensation in his mental state leading to a risk to the community. In this regard, the doctor adopted the risk assessment on page 48 of the Hospital Report which stated in part:

“Mr. Thibeault has a long history of medication non-adherence and substance use which has led to the deterioration of his mental health and resulting in numerous criminal convictions and psychiatric admissions. Without the oversight provided by the ORB, it is highly likely that Mr. Thibeault would return to the use of substances and disengage from psychiatric treatment (medication and follow-up). Should either of these scenarios occur, his risk for violent behaviour has been deemed to be high.”

30Finally, Dr. Alatishe advised a Conditional Discharge Disposition was premature at this juncture. He stated that the hospital needed to approve Mr. Thibeault’s accommodation and required the ability to return Mr. Thibeault quickly to hospital pursuant to a Detention Disposition, should his mental state be decompensated. In such circumstances, the doctor advised that before the MHA could be utilized, the risk would be unacceptably high in the community.

31No other evidence was presented at the hearing.

Final Submission of the Parties

32Mr. O’Brien, on behalf of the Hospital, submitted that based on the evidence, including the Hospital Reports, Mr. Thibeault remains a significant threat to the safety of the public. He stated that it is still early days in the community and Mr. Thibeault presently does not have any social supports, other than the hospital. Mr. O’Brien submitted that the cautious stepwise approach by the hospital is in Mr. Thibeault’s best interest as he progresses on a positive trajectory.

33Ms. Gzik, on behalf of the Attorney General of Ontario, agreed with the submission of the Hospital.

34Mr. Cornale, on behalf of Mr. Thibeault, submitted that Mr. Thibeault has had a successful year, and it has been a big step moving to the community. While it is early days, it has been helpful for Mr. Thibeault to hear what the treatment team is looking for over the next year which is aligned with his own goals.

Analysis and Conclusion

35Having considered all the evidence presented at the hearing, the Board finds that Mr. Thibeault continues to pose a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code. We make this finding based on the evidence of Dr. Alatishe and the evidence contained in the Hospital Reports filed as exhibits at the hearing, notwithstanding the joint position of the parties.

36Mr. Thibeault has a delusional disorder and several substance use disorders. He has a history of short psychiatric admissions, non-compliance with treatment and an extensive criminal record for assaultive behaviour, including the index offences. Although, his grandiose delusions are no longer present, his residual psychotic symptoms and delusional beliefs remain.

37It is early days since his discharge to the community. In this regard, he is fully supported by the forensic outpatient team, in a 24-hour supported and supervised residence. Mr. Thibeault’s psychological risk assessment completed in 2023 remains valid, which found his risk to be high without the supervision of the Board. His insight into his mental illness, medication, and substance use remains underdeveloped and without the oversight by the Board, would lead to a decompensation in his mental state. Given the risk factors, including his long history of violence, a gradual and cautious approach is both required and prudent, as Mr. Thibeault continues his trajectory, while living in the community.

38Notwithstanding it was not advanced by the parties, this Board finds that a Conditional Discharge Disposition is premature at this juncture. Mr. Thibeault needs the hospital to approve his housing which at present is fully supported and supervised to manage his risk. The hospital also requires the ability to return Mr. Thibeault quickly to hospital under a Detention Disposition, should his mental state decompensate. As testified by Dr. Alatishe, whose evidence we accept, under a Conditional Discharge Disposition, given the legislative parameters of the MHA, Mr. Thibeault’s risk would be unacceptably high in the community, before the MHA could be utilized.

39It is noteworthy to reiterate that Mr. Thibeault had a good year which has resulted in his discharge to the community. He has remained abstinent form substances and has a good relationship with his forensic outpatient treatment team. He remains adherent to his medication regimen, secured a family doctor, appears motivated to find employment and is taking courses in that pursuit.

40For all these reasons, the Board finds that the necessary and appropriate Disposition in the circumstances is a continuation of the current Detention Disposition. The Board wishes Mr. Thibeault well in the coming year as he moves along a positive trajectory.

41In reaching our decision, the Board has considered the safety of the public, Mr. Thibeault’s mental condition, his reintegration into society, and his other needs.