Re: Brent Stapleton, 2025 CanLII 31474

Re: Brent Stapleton

ORB File No: 8495 Hearing held on: Tuesday, January 28, 2025 Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto

Pursuant to: Sections 672.48(1) and 672.81(2.1) of the Criminal Code

Before: Alternate Chairperson: Ms. C. Finley Members: Dr. G.A. Chaimowitz Dr. K. Hand Mr. J. Goldenberg Mr. S. Duffy

Parties Appearing: Accused: Brent Stapleton Counsel: Ms. M. Thompson

The person in charge of hospital: Counsel: Ms. L. Senko

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DECISION

(Dated April 7, 2025)

Introduction

1On February 23, 2024, Brent Stapleton was found unfit to stand trial on two counts of assault with a weapon, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board) dated June 7, 2024, detaining him at the Forensic General Unit of the Complex Care and Recovery Program (LGUD) of the Centre for Addiction and Mental Health (CAMH/the hospital), with discretionary privileges up to and including the ability to reside in the community in approved accommodations.

2By letter dated November 8, 2024, the hospital informed the Board that Mr. Stapleton had been admitted to hospital on October 30, 2024. This resulted in an increase in the restriction of Mr. Stapleton’s liberty for a period greater than seven days, thereby triggering the notice provisions under s. 672.56(2) of the Criminal Code.

3On January 28, 2025, the Board convened a hearing to review the restriction of Mr. Stapleton’s liberty. Mr. Stapleton was present and represented by his counsel, Ms. Thompson. Mr. Stapleton’s parents also were in attendance.

4All parties agreed that the only issue before the panel was whether the increase in the restriction of Mr. Stapleton’s liberty was significant and, further, whether it was necessary and appropriate. Ms. Senko, on behalf of the hospital, submitted that the admission on October 30, 2024 was necessary and appropriate and represented the least onerous and least restrictive measure available to manage Mr. Stapleton’s risk to the safety of the public. This continued until his discharge back to his parents’ home on December 3, 2024.

5Mr. Feindel, on behalf of the Ministry of the Attorney General, supported the hospital’s positions. Ms. Thompson reserved taking a position until the completion of the evidence. She ultimately supported the hospital’s positions.

Findings

6For the reasons outlined below, the Board finds that the restriction of Mr. Stapleton’s liberty from October 30, 2024 to December 3, 2024 was significant but was necessary and appropriate at the time it was imposed and continued to be so until his discharge back to his parents’ home on December 3, 2024.

The Evidence

7The evidence at the hearing consisted of the Hospital Report, dated May 15, 2024, a Restriction of Liberty Report, dated January 6, 2025, and the viva voce evidence of Dr. Ali, Mr. Stapleton’s treating psychiatrist.

The Alleged Offences

8On February 10, 2023, Mr. Stapleton was bowling by himself at Planet Bowl in Etobicoke. It is alleged that he used both of his hands to throw a bowling ball in the direction of Victim #1, striking her on the head. The ball then bounced off her head and hit Victim #2. Neither woman had had any interactions with Mr. Stapleton and neither saw the ball coming towards them. It is alleged that, when questioned by the police why he threw the ball, Mr. Stapleton responded that he had “got bored”.

Background

9The Hospital Report contains a great deal of information relating to Mr. Stapleton’s background and medical history and need not be reviewed in these reasons given the only issue before the panel related to the restriction of Mr. Stapleton’s liberty from October 30 to December 3, 2024.

10Since his arrest and following his initial hearing before the Board on May 27, 2024, Mr. Stapleton has resided with his parents in Bolton, Ontario. His current diagnoses are Autism Spectrum Disorder and Intellectual Disability (Moderate).

11On October 29, 2024, Mr. Stapleton attended a Forensic Outpatient (FOPS) Group at the community YMCA. During the group session, Mr. Stapleton punched a female minor in the throat. He was placed under arrest. He was admitted to CAMH on October 30, 2024.

12Upon admission, Mr. Stapleton initially was in a civil unit. He presented as calm and cooperative. On November 11, he punched a staff member. At the time, Mr. Stapleton wanted to leave the unit and felt trapped. He first was moved to seclusion and then, on November 6, 2024, to a forensic unit. On November 13, 2024, he again punched a staff member, this time because he did not want to go outside. The next day he punched another staff member during a Code Red. On both occasions, he was placed in seclusion and released the same day when he presented as calm and cooperative.

13Mr. Stapleton was assessed by the Neurodevelopmental Service. It was recommended that Mr. Stapleton’s dosage of Risperidone be increased in order to manage his impulsive and aggressive behaviour.

14Staff noted that each of these incidents occurred when Mr. Stapleton was asked to do something he did not want to do or that was not a part of his routine. Ultimately it was determined that the hospital environment was not suitable for him and Mr. Stapleton was discharged back to his parents’ home with increased monitoring by his treatment team. Since then, applications for additional community supports, including housing and increased funding for a respite worker, have been submitted.

15Dr. Ali testified that Mr. Stapleton’s behaviour was a reaction to changes in his environment and routine. A behavioural therapist began working with Mr. Stapleton to improve his communication and verbalization skills so that he is able to say no to things that he does not want to do rather than striking out.

16Dr. Ali testified that when asked about the assault on October 29, 2024, Mr. Stapleton indicated that the person was breathing loudly. Dr. Ali indicated that people with Autism Spectrum Disorder can be sensitive to noises and sounds, and that was likely what triggered Mr. Stapleton’s behaviour. She agreed with Mr. Feindel that there were some parallels with the alleged index offences.

17Dr. Ali testified that the treatment team has been working with Mr. Stapleton’s family, who continue to provide significant support for him. There were multiple discussions in advance of his discharge back to the family home. Since Mr. Stapleton’s discharge, there has been a significant reduction in his violent behaviour. Further supports are being pursued. The applications for increased community supports, including respite care, could only be applied for once Mr. Stapleton was in the community. Once a vacancy in Developmental Services Ontario (DSO) housing is identified, an application will be submitted on behalf of Mr. Stapleton.

18All parties agreed that the restriction of Mr. Stapleton’s liberty from October 30, 2024 to December 3, 2024 was necessary and appropriate.

Analysis and Conclusion

19The panel has carefully considered the Hospital Report, the Restriction of Liberty Report and the evidence of Dr. Ali and unanimously finds that the decision to admit Mr. Stapleton on October 30, 2024 was a necessary and appropriate decision to manage his risk. Mr. Stapleton had punched a child in the throat while at a community YMCA. His behaviour was similar to that during the alleged index offences. Once admitted to hospital, he exhibited ongoing violence.

20Fortunately, Mr. Stapleton’s admission to hospital was very short. The treatment team, including Dr. Ali, should be commended. They were able to identify the circumstances in which Mr. Stapleton acted out in a violent manner and made the recommendation that he be discharged back to his family, notwithstanding his increasingly violent behaviour. This demonstrated both thoughtfulness and flexibility in addressing both Mr. Stapleton’s behaviour and identifying the best way to manage his risk to the safety of the public.

21For these reasons, the Board finds that the significant increase in the restriction of Mr. Stapleton’s liberty was necessary and appropriate and the least onerous and least restrictive at the time it was imposed and continued to be so until his discharge on December 3, 2024.