Ontario Review Board
Re: Jamie Holmes
ORB File No: 8488
Hearing held on: Thursday, March 6, 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: Jamie Holmes Counsel: Mr. A. Confente
Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITON
(Dated April 9, 2025)
Introduction
On February 12, 2024, Jamie Holmes was found not criminally responsible on account of mental disorder (“NCR”) on charges of utter threats to cause death or bodily harm (x2) and mischief - over five thousand dollars, all contrary to the Criminal Code.
Mr. Holmes is currently subject to the terms and conditions of a Disposition of the Ontario Review Board (“ORB”) dated March 14, 2024, 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.
On March 6, 2025, a panel of the Board convened at the SJHH to conduct Mr. Holmes’s annual review, and to make a Disposition pursuant to s. 672.81(1) of the Criminal Code.
Mr. Holmes attended the hearing and was represented by his counsel, Mr. A. Confente. Mr. Holmes’s mother and father also attended the hearing. A Hospital Report dated February 13, 2025, was filed as Exhibit 1 at the hearing.
The issue for the hearing is whether Mr. Holmes 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.
Initial Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Barney, on behalf of the Hospital, submitted Mr. Holmes 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.
Ms. Gzik, on behalf of the Attorney General of Ontario, supported the Hospital’s recommendation.
Mr. Confente, on behalf of Mr. Holmes, conceded significant threat and supported the Hospital’s recommendation.
Index Offences
- The circumstances of the index offences are taken from the Hospital Report as follows:
(1) Utter Threats to Cause Death/Bodily Harm (May 10, 2023)
Between the dates of Wednesday May 10, 2023, and Sunday May 14, 2023, the accused, Jamie HOLMES sent the victim, MP Vance Badawey of Liberal Constituency Niagara Centre, a total of 23 emails to his business email address.
Contained in these emails included numerous threats to cause death or bodily harm to MP Badawey. Among some of the threats included:
“I want to hit you on the fucking head dead and I am so fucking close to it…” “I am going to beat one of you bad I am going to hit you real real bad…”
(2) Mischief Over $5,000 and Utter Threats to Cause Death/Bodily Harm (May 15, 2023)
On Monday May 15, 2023, at 6:00 p.m., the accused, Jamie HOLMES attended the residence of Member of Parliament, Vance Badawey, located at [REDACTED] in the City of Port Colborne.
The accused subsequently approached the front door of Badawey’s residence and struck the front door with an aluminum baseball bat, breaking the glass in the door. The accused proceeded to walk around the perimeter of the residence, striking and breaking the windows with his baseball bat, including the rear patio doors.
Upon returning to the front of the property, the accused observed two of Badawey’s neighbours, Eric Gervais and Andrew Reynolds staring at him. The accused brandished his baseball bat toward the two males yelling “do you want a piece of this too” and ran in their direction. The males subsequently retreated and called 9-1-1.
Total damage is estimated at $10,000.”
Personal Background/Psychiatric History
Mr. Holmes’s personal background and psychiatric history are set out in detail in the Hospital Report filed as an exhibit at the hearing.
Briefly, Mr. Holmes is 45 years old and was born in Port Colborne, Ontario. He is the middle of three children and his parents divorced in 1988, when he was nine years old. He initially lived with his father and siblings when his mother left to go to Florida. At approximately 13 years old Mr. Holmes returned to live with his mother due to his father’s drinking.
Mr. Holmes reported that his behaviour was difficult to manage from kindergarten onward and described himself as a very angry kid. In Grade 7, he was transferred to a school with a behavioural plan but eventually stopped attending. He did not attend high school. Mr. Holmes attended Niagara College between 2005 and 2008, completing the Electronics Engineering Program.
At the age of 18, Mr. Holmes left his mother’s home and moved in with his girlfriend. They had a son together on February 7, 2001. Mr. Holmes described both himself and his partner as struggling with alcohol addiction at the time of their son’s birth. Mr. Holmes separated from his partner at the time their son was nine years of age, in 2010. He obtained custody of his son and lived with his son and his father in Welland, Ontario.
Mr. Holmes began drinking alcohol at the age of 12, which influenced his poor judgement and “bad behaviour”. Mr. Holmes acknowledged prior experimentation with LSD, hash oil, marijuana and cocaine and has used marijuana since his early 20s. He reported that he attended the North Bay Treatment Centre following a detoxification program in 2001 and that he has been sober since December 18, 2001.
Mr. Holmes was first employed in 1999 as a form setter. He developed tenosynovitis in his wrist and required surgery to repair it. As a result, he collected benefits through the Workplace Safety and Insurance Board. This allowed him to attend Niagara College for three years and graduate from the Electronic Engineering program in 2008. Thereafter he held employment for several years as a slot technician at a casino. He has not worked since 2015 and was granted benefits from the Ontario Disability Support Program (ODSP).
Mr. Holmes does not have a criminal record. He has never been an inpatient in the psychiatric unit or involved in any outpatient mental health services. He has, however, had repeated contacts with the Niagara Police on 35 separate occasions, due to mental health concerns. In March 2017, Mr. Holme’s family physician, Dr. Bak, observed significant changes in his presentation and requested that he attend the emergency department. The changes included rapid speech, agitation and thought disorganization. On another day in 2018, Mr. Holmes reported to his family doctor the possibility of a foreign body or monitoring device in his left side. Dr. Bak observed significant flight of ideas and pressured speech at the time.
Mr. Holmes was hospitalized following the index offences. He was subsequently found NCR on February 12, 2024. Following his initial ORB hearing, Mr. Holmes was ordered detained at SJHH with privileges up to and including living in the community of Southern Ontario in accommodation approved by the person in charge. Mr. Holmes was transferred from the Forensic Assessment Unit, Mountain 3, to the Forensic Rehabilitation Unit, Orchard 3, on April 4, 2024, where he remained at the time of his hearing.
Current Diagnosis
- Mr. Holmes is diagnosed with schizoaffective disorder – bipolar type and cannabis use disorder – moderate, in remission in a controlled environment
Evidence at the Hearing
The evidence was presented through the oral testimony of Dr. S. Baldeo to supplement the evidence contained in the Hospital Report filed at the hearing. Dr. Baldeo became Mr. Holmes’s treating psychiatrist in August 2024.
Dr. Baldeo stated that Mr. Holmes has had a positive reporting year and confirmed that Mr. Holmes has been a “model patient”. He is compliant with his treatment regimen with no observed psychotic symptoms, and his thoughts are well organized. The antipsychotic medication has resolved his previous delusional beliefs.
Over the reporting year, there have been no notable incidents related to anger, aggression or violence. Dr. Baldeo advised that although Mr. Holmes has not engaged in formal Cognitive Behavioural Therapy (CBT), he has responded well to such discussions with Dr. Baldeo and is currently able to manage his emotions. The doctor elaborated that if there became a concern in this regard, CBT therapy can be explored.
Dr. Baldeo advised that Mr. Holmes’s community living skills assessment has yet to be completed. He stated however that there have been no concerns from an occupational therapy perspective regarding his ability to live independently or to complete activities of daily living. Dr. Baldeo advised that the assessment will be prioritized prior to Mr. Holmes transitioning into the community.
On July 5, 2024, Mr. Holmes attended his first appointment at the pain clinic where he received nerve block injections and a prescription for Percocet. Mr. Holmes was advised by the treatment team that such a prescription was inappropriate and was counseled on the risks of a long-term narcotic prescription. Notwithstanding, on August 2nd, 2024, Mr. Holmes received another prescription for Percocet at the pain clinic, which was again rejected by his treatment team. Neither prescription was filled by Mr. Holmes and apparently, he has accepted the rationale and understood the concerns regarding the risk of addiction and mental status destabilization.
Mr. Holmes has participated in several recreational programs and currently has completed approximately one quarter of his substance use program sessions. There have been no positive urine drug screens this reporting year. When asked, the doctor stated that Mr. Holmes’s insight into cannabis use has improved but needs to be further developed. Dr. Baldeo stated that to his knowledge Mr. Holmes has not had any cravings to use cannabis and remains committed to abstain from cannabis use. In this regard, Mr. Holmes has indicated to the doctor that his ongoing back pain is well managed with non-opiate medication (as opposed to cannabis use).
Dr. Baldeo advised that Mr. Holmes is capable of consenting to treatment. He described Mr. Holmes’s insight into his illness as fair. Mr. Holmes acknowledges and understands his diagnoses, however, questions whether the symptoms associated with the index offences were the result of cannabis use rather than his underlying mental illness.
Mr. Holmes has gradually increased his passes into the community over the reporting year. His parents are both approved by the person in charge. Mr. Holmes currently exercises 72 hours weekly with an approved person, which includes 12 hours indirectly supervised each day. Dr. Baldeo advised that Mr. Holmes’s father has reported no concerns regarding his son’s community passes. Mr. Holmes has recently started working as a taxi driver, which will bring new stressors. The doctor advised that Mr. Holmes recently contacted his employer about night shifts, despite being told by the treatment team that this was not a good idea. The doctor advised that working such hours may negatively impact on symptoms.
Dr. Baldeo advised that he expected Mr. Holmes to be discharged into the community within the next six months. He stated the hospital needs to approve his accommodation and both his father’s and mother’s house are approved. In this regard, Mr. Holmes holds the lease to an apartment where he would live with his father. The doctor reiterated that there were concerns around the father’s cannabis use in the home. In this regard, the doctor confirmed that there was an agreement with the father that he would not use cannabis in the presence of his son. The doctor pointed out, however, that Mr. Holmes’s son also engages in cannabis use. His son is currently living elsewhere, but if the son returns to the home, there may be an issue as to how to further manage cannabis use in the home, which may lead to potential cravings and/or use of cannabis by Mr. Holmes.
The treatment team is unanimous, including Dr. Baldeo, that Mr. Holmes is a significant threat to the safety of the public. The doctor adopted the risk assessment which stated in part, on page 39 of the Hospital Report:
“Mr. Holmes’ initial presentation involved severe thought form disorder and acute somatic, persecutory, and bizarre delusions with absent insight. His current psychiatric stability has been achieved under close supervision, and, over the past reporting year, we have only begun to test this stability outside of the highly structured and supportive inpatient setting… His risk management plan will require a careful and gradual progression to community living, with close oversight and monitoring provided by the Forensic Psychiatry Program.”
Dr. Baldeo advised that although Mr. Holmes is doing very well, there is some concern related to the Percocet prescriptions, ongoing stressors when he moves into the community, and his desire to work the night shift with long hours, which can be a destabilizing factor for symptoms of his illness, leading to psychosis and mania. Further, Mr. Holmes needs to improve his insight with respect to his illness and need for treatment, in particular, the connection between cannabis and exacerbation of psychotic symptoms. If not under the jurisdiction of the Board, the risk is that he could stop medication, engage in substances, such as cannabis and opiates, which would lead to psychotic and manic symptoms, leading to violence, including psychological harm.
Dr. Baldeo advised that a Conditional Discharge Disposition is not appropriate at this juncture.
When asked about going forward, Dr. Baldeo stated he would like Mr. Holmes to complete his ongoing substance use program, increase his indirect time in the community, and for the treatment team to monitor Mr. Holmes’s new employment, as a taxi driver. The doctor highlighted that substance use, working overnight and the general stressors of living in the community will all have to be tested in a gradual manner with the ability under a Detention order to bring him back quickly to hospital should he begin to decompensate. The doctor reiterated that the hospital needs to approve Mr. Holmes’s accommodation in the community, in case Mr. Holmes wished to move, or cannabis use becomes a managing concern at his residence. Dr. Baldeo advised that under a Conditional Discharge Disposition, if Mr. Holmes stopped his treatment and engaged in substance use, he would need to be quite decompensated before he met the criteria for admission under the MHA. In this regard, the MHA would not suffice to manage the risk.
- No other evidence was presented at the hearing.
Final Submissions of the Parties
Ms. Barney, on behalf of the Hospital, submitted that Mr. Holmes continues to represent a significant threat to the safety of the public. The index offence and subsequent NCR finding are recent, and it is early days. Mr. Holmes has responded well to treatment and has started to engage in the substance abuse treatment program, given the significant history of substance use. He has worked well with the treatment team but remains early days. He has been using 72 hour passes home but with an approved person and 12 hours per day indirectly supervised in the community. He is yet to be discharged to the community. The hospital needs the ability to approve community housing to address any concerns regarding cannabis use and the hospital needs the ability to readmit quickly should there be subtle signs of decompensation which would not meet the criteria under the MHA. Ms. Barney submitted that a Detention Disposition was appropriate at this juncture and had no objection to a no contact order with the victim of the index offences.
Ms. Gzik, on behalf of the Attorney General of Ontario, agreed with a no contact condition on the victim and that the abstain from substance clause be maintained as well particularly considering his recent employment as a taxi driver.
Mr. Confente, on behalf of Mr. Holmes, maintained his initial recommendation to continue the current Disposition and took no issue with a no contact condition being added to the Disposition.
Analysis and Conclusion
The threshold issue for the Board to determine is whether Mr. Holmes continues to represent a significant threat to the safety of the public. Based on the testimony of Dr. Baldeo and the evidence contained in the Hospital Report filed as an exhibit, the Board finds Mr. Holmes is a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code.
Mr. Holmes has a long history of cannabis use and suffers from a major mental illness, namely schizoaffective disorder. He was found NCR in February 2024, on index offences that include threats of violence that escalated from emails to attending the victim’s residence with a baseball bat and causing damage to the front door.
Mr. Holmes’s insight into his illness is limited. Although he understands he is diagnosed with schizoaffective disorder – bipolar type, and cannabis use disorder, he still questions whether the symptoms associated with the index offences were the result of his underlying mental illness. Additionally, although improved, Mr. Holmes’s insight into cannabis use needs to be further developed. He remains unable to make the connection between cannabis and exacerbation of psychotic symptoms. As testified by Dr. Baldeo, whose evidence this Board accepts, if Mr. Holmes was not under the jurisdiction of the Board, there is a risk he would stop taking his medication, and engage in substances, such as cannabis and opiates. This would result in increased psychotic and manic symptoms, leading to violence, including psychological harm, as was the case in the index offences.
The hospital expects that Mr. Holmes will complete his ongoing substance use program and be discharged into the community over the next six months. In this regard, he holds a lease to an apartment where his father currently resides. Mr. Holmes’s father uses cannabis. It is important that Mr. Holmes stays away from cannabis use, given it has the potential to exacerbate his symptoms and lead to violence. In this regard, his father has agreed with the treatment team to refrain from such use while in the presence of his son. As elaborated by Dr. Baldeo, there is also the concern that Mr. Holmes’s son, who uses cannabis, may return to live with his father.
Due to Mr. Holmes’s cannabis use disorder and addiction history, the potential presence of cannabis at his residence, ongoing community stressors, underdeveloped insight, and his desire to work night shifts as a taxi driver (which may destabilize his symptoms), the hospital will need to carefully monitor and manage the risk in the community.
On a positive note, Mr. Holmes has been fully compliant with his treatment regimen, his thoughts are well organized, and there has been no observed psychotic symptoms, and no positive urine drug screens over the reporting year. There have been no incidents related to aggression or violence and Mr. Holmes has indicated no cravings for cannabis and is committed to abstain from cannabis use. In addition, Mr. Holmes has gradually increased his community passes and participated in several recreational programs and currently has completed approximately one quarter of his substance use program sessions.
Notwithstanding, it was not advanced by the parties, this Board finds a Conditional Discharge Disposition is premature. At this juncture, the Hospital requires Mr. Holmes to complete his ongoing substance use program and continue to increase his indirect time in the community prior to a discharge into the community. Substances, working overnight and the general stressors of living in the community will all have to be tested in a gradual manner with the ability under a Detention order to bring him quickly into hospital should he decompensate. In this regard, the hospital needs to approve Mr. Holmes’s accommodation in the community should he want to move, or cannabis use becomes a concern at his residence. Finally, Dr. Baldeo advised that under a Conditional Discharge Disposition, if Mr. Holmes stopped his treatment and engaged in substance use, he would need to be quite decompensated before he met the criteria for admission under the MHA. In this regard, the MHA would not suffice to manage the risk.
Given the nature of the index offences, particularly considering the escalation to attend the victim’s residence with a weapon, this Board finds it both necessary and appropriate to include both a non-contact and non-attendance condition in Mr. Holmes’s Disposition.
For the reasons set out below, the Board came to the unanimous conclusion that Mr. Holmes 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 Detention Disposition with the addition of the two conditions related to the victim of the index offences.
In reaching our decision, the Board has considered the safety of the public, Mr. Holmes’s mental condition, his reintegration into society, and his other needs.
DATED this 9th day of April 2025, at the City of Toronto, in the Toronto Region.
Mr. C. Flanagan
Legal Member
Office of the Registrar
Ontario Review Board