Ontario Review Board
Re: Nichelle Johnson
ORB File No: 8224
Hearing held on: Friday March 21, 2025
Place of Hearing: North Bay Regional Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. R. Bigelow Members: Dr. A. Jones Dr. T. Stirpe Hon. E. Kruzick Ms. K. Brisson
Parties Appearing: Accused: Nichelle Johnson Counsel: Mr. G. Iwasiw (by videoconference) The Person in Charge Counsel: Mr. P. Trenker Attorney-General of Ontario: Counsel: Mr. P. Lambert-Belanger
REASONS FOR DISPOSITION (Dated April 9, 2025)
Introduction
[1]. On January 25, 2023, Nichelle Johnson was found not criminally responsible on account of mental disorder on charges of robbery and theft under $5000 contrary to the Criminal Code. Ms. Johnson is subject to a disposition of the Ontario Review Board (the Board) dated April 2, 2024, ordering her detention at the Thunder Bay Regional Health Sciences Center (TBRHSC) with privileges up to and including indirectly supervised passes into the community and attendance and participation in a residential addictions treatment program anywhere in Ontario approved by the person in charge or his or her designate. Pending her transfer to TBRHSC, she is to be detained at the North Bay Regional Health Centre (the Hospital) with similar privileges and conditions.
[2]. On Friday, March 21, 2025, the Board convened a hearing to review Ms. Johnson`s disposition pursuant to section 672.81(1) of the Criminal Code. Ms. Johnson was present and represented by counsel, Mr. Iwasiw, who appeared by video. The issues to be determined at the hearing were whether Ms. Johnson continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Initial Positions of the Parties
[3]. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital advised that the position of the Hospital was that Ms. Johnson constituted a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current detention order without change. However, counsel added that the Hospital took no position with respect to Ms. Johnson’s transfer to the TBRHSC. If Ms. Johnson wished to be transferred the Hospital was not opposed and, if she wished to remain in the Hospital, they would be content with that.
[4]. Counsel for the Attorney General supported the Hospital recommendation.
[5]. Counsel for Ms. Johnson indicated that he wished to reserve his position with respect to the terms of the Disposition but would not be contesting the issue of significant threat.
Evidence at the hearing
[6]. The evidence at the hearing consisted of Hospital Report dated February 26, 2025, the oral evidence of Dr. Le, Ms. Johnson’s treating psychiatrist and the oral evidence of Ms. Johnson.
Findings:
[7]. For the Reasons that follow, the Board finds that Ms. Johnson continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the same terms as the current order but with the additional privilege of residence in the community within the catchment area of the hospital at which she was detained in 24/7 supervised accommodation approved of by the person in charge or their designate and the amendment term 2(e) to allow her to enter the community within the catchment area of TBRHSC while detained there.
Index Offences:
[8]. The circumstances surrounding the index offences as summarized in the last year’s reasons for disposition are as follows:
INDEX OFFENCE #1
“On the 16th of July 2022, at 0947 hours, Kenora OPP were dispatched to a report of theft at Safeway, 400 First Avenue South, Kenora, Ontario. The complainant, who was management, Trent Hamilton, explained that Michelle Johnson had stolen items from the bakery and meat aisle and left on foot towards the Banister Centre wearing a grey hoodie, burgundy leggings, and pink backpack carrying a green reusable bag.
PC Kroeker knew that female that Trent Hamilton was referring to as Nichelle Johnson, not Michelle. While canvassing the area for Nichelle, PC Ross advised that he had located her for theft under. The stolen items were located in her possession.
PC Kroeker attended Safeway where she spoke to Trent Hamilton about his wishes on pursuing criminal charges. Trent explained that he was familiar with her as she has stolen from the sore multiple times in the past. He wished that Nichelle be charged as he has warned her several times in the past not to attend Safeway due to stealing.
Safeway video footage was reviewed. PC Kroeker observed a female known to her as Nichelle Johnson walking around the store placing merchandise into a green reusable Safeway bag which was also stolen/ Based pm the video footage she was observed to be wearing a grey hoodie and pink backpack.
PC Ross advised he was on scene at Safeway to return the items. PC Kroeker met him outside and observed Nichelle Johnon in the rear of his police motor vehicle. She matched the description of the female in the video footage. She was wearing a grey hoodie, burgundy leggings and had a small pink backpack with her.
A large green Safeway bag filled with Safeway merchandise was returned to the store. Trent to provide police with receipt and footage later that day.
At 1014 hours, PC Kroeker departed Safeway and arrived to 17A detachment at 1021 hours. Nichelle was booked, searched, and lodged into cell#3.
At 1201 hours, PC Kroeker attended the Safeway where she retrieved the video footage from management and was provided a receipt with the total amount of $48.36 stolen.
Nichelle Johnson was released on a Form 10 with a court date of 11 August 2022 at 0900 hours. She signed stating she understood her conditions to not attend 400 First Street south, Kenora, Ontario – Property of Safeway.”
INDEX OFFENCE #2
JOHNSON has been observed walking through business parking lots at odd hours of the night while attempting to start small fires in her shopping cart of belongings. It is unclear but after speaking to JOHNSON it appears as though she has not bathed or been taking care of herself for several weeks.
October 23, 2022 Occurrence
On October 22, 2022, at 0739 hours Puneetinder SINGH contacted police reporting he had been assaulted by a woman at the Shell Gas station located at 405 Second St. S Kenora.
Police responded and spoke to SINGH who advised he had watched a young Caucasian woman with short brown hair enter the store around 0730hrs. The female walked to the chocolate bars in front of the cash register, and she proceeded to grab one and started to walk out of the store. No attempt to pay was made and when SINGH called after her to stop, she continued. SINGH then confronted her at the front of the store by the front doors and when he placed a hand on her to stop her leaving the female turned around and punched him in the face.
SINGH then let the female leave without further attempts to stop and phoned the police. SINGH was left with a swollen and bleeding lip as a result.
Police viewed the video footage, and the female was well known as Nichelle JOHNSON.
JOHNSON struggles with mental health issues and has been involved with police numerous times over the previous few months.
AT 1150hrs PC MAYS located JOHNSON walking on Main St. talking to herself. JOHNSON was wearing the same clothing as when she robbed the Shell.
JOHNSON was arrested on reasonable and probable grounds. JOHNSON did not make sense while replying to her rights to counsel and caution instead indicating that she has been murdered many times while going to the District Jail. JOHNSON requested her mother before speaking in tongues and being incomprehensible. JOHNSON was speaking to herself the entire drive back to the Kenora PLL detachment where she was lodged without incident.
JOHNSON was held pending a bail hearing in Kenora as there was ongoing safety concerns due to her escalation from shoplifting to a violent robbery. The public as well as JOHNSON’s safety is at risk without court ordered conditions.
Background Information Regarding the Accused:
[9]. Ms. Johnson was born in Winnipeg and raised in Calgary by her mother who had substance abuse issues. By the age of 15 she came under the child protection services but then lived with her grandparents in Kenora. In her teenage years she began to experience hallucinations, hearing voices and became preoccupied with the illuminati. She also engaged in cutting behaviour, suicidal gesturing and low self-esteem.
[10]. Around the age of 17 she entered into an abusive relationship and in 2012 gave birth to a son and in 2016 and 2017 two daughters all of whom were apprehended by child welfare.
Legal History:
[11]. Ms. Johnson has convictions for failure to comply with release orders x2 and break and enter with intent all in 2018.
Substance Use History
[12]. Ms. Johnson started using marijuana and alcohol in her teenage years and also has a history of use of MDMA, opiates, cocaine and methamphetamines.
Psychiatric History
[13]. Although Ms. Johnson first began to experience symptoms of her major mental illness as a teenager, her first psychiatric admission was when she was 22 years of age due to concerns with respect to self-harm. She left Hospital against medical advice and a formal assessment was not completed however underlying borderline personality pathology was suggested. On a subsequent admission when she was 24 years of age she was formally diagnosed with schizophrenia.
[14]. She was involved with ACTT services but had a history of noncompliance with treatment, program rules, substance use, aggressive behaviour and false accusations against male staff and was discharged from the program in 2022 due to her refusal to engage or participate with the team and her psychiatrist.
Current Diagnosis
[15]. Mr. Johnson’s current diagnoses are:
Schizophrenia
Methamphetamine Use Disorder
Evidence of Dr. Le
[16]. Dr. Le indicated that she had been Ms. Johnson’s treating psychiatrist since September 2024. She noted that when she commenced her care for Ms. Johnson, she was significantly ill and experiencing distressing auditory hallucinations, severe paranoia and numerous somatic complaints. She has continued to experience fluctuating delusions and misperceptions causing her to exhibit paranoid behaviours.
[17]. Dr. Le indicated that on February 18, 2025, Ms. Johnson absconded from hospital while utilizing indirectly supervised privileges to access the hospital and grounds. She was returned to hospital after she contacted police and an ambulance requesting assistance. On arrival at hospital she reported likely delusional somatic complaints, gave a bizarre account of a dead boyfriend from another city and reported that the man she had stayed with in the community had kidnapped a child.
[18]. Dr. Le indicated that Ms. Johnson reported that her decision to leave Hospital was not planned and she just wanted to see how she would manage without medication. Ms. Johnson also reported that she had attempted to obtain alcohol and drugs but was unsuccessful due to not having any money with her. While at large she met an older male with whom she stayed for two days, and she alleges that she was sexually assaulted by this male.
[19]. Dr. Le advised that since her return to hospital she has made significant progress and, has been adherent to medication and is experiencing less frequent auditory hallucinations as well as somatic complaints. She also has almost completed courses towards her high school diploma.
[20]. Dr. Le advised that Ms. Johnson goes back-and-forth with respect to being transferred to TBRHSC although more recently seems to be content to remain in North Bay. Dr. Le sometimes is concerned that the transfer issue causes Ms. Johnson to lose focus on getting out into the community. The most recent information from TBRHSC was that they were unable to indicate a timeline with respect to a transfer, but it would likely be a lengthy period of time given the limited bed space available.
[21]. In response to questions from counsel for the Attorney General, Dr. Le advised that a significant part of Ms. Johnson’s illness was persistent delusions particularly with respect to individuals who remind her of others who have abused her.
[22]. In response to questions from counsel for Ms. Johnson, Dr. Le advised that Ms. Johnson does have contact with her mother and sister although there have been some problems with her relationship with her mother. Dr. Le believes that the major issue with her, having contact with family is the distance and cost of transportation. Since the AWOL Ms. Johnson has been monitored a bit more closely and staff have noted that she has made a few comments about wishing she had not returned to hospital.
[23]. In response to questions from panel members, Dr. Le indicated that the treatment team was recommending that Ms. Johnson involve herself in treatment programs dealing with her trauma and that they would recommend a transfer to Hummingbird Lodge, a program specifically designed for with women who have experienced significant trauma.
[24]. In response to further questions from panel members, Dr. Le advised that it was possible that Ms. Johnson could be discharged into the community within the reporting year, but it would have to be to a 24/7 supervised facility. She also indicated that although the team had not commenced seeking appropriate community residence for Ms. Johnson due to the potential transfer, there was no reason that the team could not commence seeking such accommodation while awaiting transfer, particularly given the extremely lengthy wait for any transfer.
Evidence of Ms. Johnson
[25]. Ms. Johnson indicated that she did not wish to be transferred to Hummingbird Lodge and that she was ‘two spirited’, being a boy on the inside and a girl on the outside and that program was for women.
Analysis and Conclusion, Significant Threat:
[26]. Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Ms. Johnson does represent a significant threat to the safety public. She suffers from a major mental illness and has also been diagnosed with methamphetamine use disorder. Despite compliance with prescribed medications at the hospital prior to and subsequent to her AWOL, she continues to experience significant symptoms of the illness including delusions and paranoia.
[27]. Ms. Johnson has a history of noncompliance with treatment, aggressive behaviour and substance use exacerbating the symptoms of her mental illness. She has limited insight into her illness, the need for medication and the impact of substance use on her mental health as demonstrated by her recent elopement and attempts to obtain drugs and alcohol.
[28]. Absent supervision of the Board and the treatment team, it is highly likely that Ms. Johnson would cease adherence to recommended treatment and return to the use of substances resulting in decompensation and a significant increase in risk of physical and/or psychological harm to the public.
Analysis and Conclusion, Necessary and Appropriate Disposition:
[29]. The Board finds that the evidence also amply supports the joint submission that the necessary and appropriate disposition is a continuation of the detention order. Given Ms. Johnson’s history of noncompliance and continuing symptoms of her illness even when compliant, it is clear that the hospital requires the authority to approve accommodation in order to ensure that Ms. Johnston’s risk is appropriately managed.
[30]. In terms of the privileges and conditions appropriate to that detention order, the first issue is whether the current order directing her transfer to TBRHSC should be continued, given the evidence that the possibility of a transfer to that hospital is extremely unlikely in the reporting year due to lack of resources. The evidence of Dr. Le was that the treatment team had not looked into the possibility of residence in the catchment area of the Hospital given that the Board had ordered a transfer. However, she also indicated that given the likelihood that any transfer, if it occurred, would be likely years in the future, there was no reason why the treatment team could not commence looking into community residence in the Hospital’s catchment area while the transfer order continued.
[31]. Although the Board agrees with the submission of counsel for Ms. Johnston that given the potentially extremely lengthy delay to any transfer and the fact that even a transfer to the Thunder Bay area would still result in Ms. Johnson being far from her home in Kenora, it would be in her interest to focus on the possibility of community living in the Hospital’s catchment area, Dr. Le agreed with the suggestion that there was no reason why exploration into the options of community residence in the Hospital’s catchment area could not be commenced and the Board finds that a continuation of the transfer order would not interfere with Ms. Johnson’s increasing access to the community and despite the significant distance between Thunder Bay and Kenora a potential transfer to Thunder Bay would result in Ms. Johnson being closer to communities in the Northwest of Ontario sharing her First Nations background.
[32]. The second issue with respect to the terms and conditions of the detention order is whether the privilege of community living in the catchment area of the hospital where Ms. Johnson is detained is appropriate taking into account in particular the primary consideration of safety of the public. The evidence of Dr. Le was that community living in a 24/7 supervised residence in the community was a realistic possibility for Ms. Johnson in the reporting year and would be an incentive to her to work with the treatment team. Dr. le also noted that save and except for the recent AWOL for two days, Ms. Johnson had received and used appropriately significant access to the community.
[33]. The Board finds that the addition of the privilege of community living in 24/7 supervised accommodation in the community to the order is appropriate. The Board accepts the evidence of Dr. Le that discharge to such accommodation is a realistic possibility within the reporting year and notes, as did Dr. Le, that the addition of that privilege does not mean that it would be exercised. A discharge would only be allowed should the treatment team be of the view that such a discharge would not create an unmanageable risk to the community.
[34]. The Board encourages the Hospital to explore options for community living for Ms. Johnson.
DATED this 9th day of April 2025, at the City of Toronto, in the Toronto Region.
Robert Bigelow Alternate Chairperson
Office of the Registrar Ontario Review Board