Re: Joseph J. Pierce
ORB File No: 8675
Hearing held on: Wednesday, February 26, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. MacIntyre, K.C. Members: Dr. C. Krasnik Dr. G. Stones Ms. A. La Viola Ms. D. Smith
Parties Appearing:
Accused: Joseph J. Pierce Counsel: Mr. A. Stastny
The person in charge of hospital: Counsel: Ms. J. Lefebvre
Attorney General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DISPOSITION
(Dated April 11, 2025)
OVERVIEW
[1]. Joseph Pierce was found not criminally responsible on account of mental disorder on November 19, 2024, on two counts of assault causing bodily harm, assault, and fail to comply with probation, contrary to the Criminal Code. The matter was heard at the Ontario Court of Justice, in St. Catherines before the Honourable Justice A. Brown. The court referred the matter to the Ontario Review Board for a Disposition Hearing. At the time of the court proceedings, Mr. Pierce had been admitted to Waypoint Centre for Mental Health Care pursuant to a Treatment Order on August 15, 2023, after having been found unfit to stand trial (subsequently found fit).
[2]. Since the court finding, he has remained at Waypoint in the Forensic Assessment Program. On February 26, 2025, the Board convened at Waypoint for an initial hearing further to s. 672.47(1) of the Criminal Code to make a disposition. Mr. Pierce appeared in person, along with his counsel Mr. Stastny.
ISSUES
[3]. The Board was asked to determine whether Mr. Pierce constitutes a significant threat to the safety of the public, and accordingly, to determine the necessary and appropriate disposition for him consistent with the factors set out in s. 672.54 of the Criminal Code.
[4]. At the outset of the hearing, Counsel for the Hospital, Counsel for the Attorney General and Counsel for Mr. Pierce all submitted a joint position for the Board's consideration. In their respective views – Mr. Pierce meets the threshold for ‘significant threat’ finding. The appropriate and necessary disposition is continued detention at Waypoint, with privileges and conditions as recommended by the attending psychiatrist and the treatment team.
FINDINGS
[5]. After reviewing the evidence, the Board concluded that Mr. Pierce represents a significant threat to the safety of the public and he is not entitled to be discharged absolutely. Soon after his detention at Waypoint and beginning of the treatment plan, he committed an assault on staff, necessitating a return to seclusion and a restart of the privilege level system. The treatment plan includes the appropriate level of monitoring and supervision, which is still necessary at this time. The Board concluded that he continue to be detained at Waypoint with the conditions as outlined in the Disposition Order, for the reasons that follow in more detail below.
PERSONAL BACKGROUND
[6]. The Hospital Report dated January 22, 2025 was entered as an exhibit at the hearing. The following background information, including the events surrounding the 2024 Index Offences, has been taken from the Report, summarized here as follows.
[7]. On January 14, 2023, while residing in the Psychiatric Intensive Care Unit of Niagara Health Sciences, Mr. Pierce physically assaulted multiple individuals. He attacked one victim, causing significant injuries, including a broken elbow, rotator cuff damage, and a concussion. He then assaulted another person who intervened, resulting in facial injuries, a broken nose, and a concussion. A third individual was also attacked, sustaining a swollen jaw. His behaviour was unprovoked, highly aggressive, and indicative of an acute psychiatric crisis.
[8]. Mr. Pierce is 40 years old, born in Vancouver, British Columbia. He experienced significant childhood trauma, including reported physical abuse, sexual exploitation, and time in foster care. He was removed from his family home at an early age due to neglect and placed in various foster homes, many of which were reportedly unstable.
[9]. He has a limited formal education, having left school in grade 11. In his youth, he was a competitive motor cross bike rider and later took on various construction-related jobs, and general contracting work. He was unable to keep consistent employment due to the onset of his psychiatric symptoms and related functional impairments. Throughout adulthood, Mr. Pierce struggled with maintaining stable housing and employment, often living in shelters. He has had periods of homelessness and has relied on social assistance. His work history reflects intermittent participation in the workforce, disrupted by episodes of illness and incarceration. He reported a strong work ethic during stable periods but acknowledged that his condition significantly impeded his ability to maintain focus and reliability on the job.
[10]. In terms of relationships, Mr. Pierce has never married but has had a number of romantic partnerships over the years, and most were short-lived and strained due to his untreated mental health issues, substance use, and erratic behaviour. He has at least one adult child from a past relationship. He is currently estranged from most of his family but maintains some contact with his mother.
[11]. Mr. Pierce has a history of using methamphetamine and cocaine, often in combination. These substances significantly impacted his behaviour, leading to elevated, erratic, and violent states. He began drinking alcohol at the age of 8 and using both alcohol and cannabis in his early teens. Following a motor cross bike injury, he developed a dependence on opiates, and he has a long and well documented history of polysubstance abuse, including cocaine, fentanyl, crystal methamphetamine, cannabis, and heroin. Although he had previously sought treatment, he struggled to maintain sobriety and was denied entry into several programs due to his violent history and mental instability.
[12]. His history also includes periods of incarceration and repeated interactions with the justice system due to violent behaviour and non-compliance with legal orders. A records check of the Canadian Police Information Centre database shows 19 criminal convictions between 2016 and 2024, ranging from assault, mischief, assault with weapon, robbery, among others. It is also noted that Mr. Pierce had numerous occurrences with police across Canada.
PSYCHIATRIC BACKGROUND
[13]. The psychiatric background information is also contained in the Hospital Report. Mr. Pierce's mental health issues appeared to surface in 2010. Subsequent psychiatric history includes many hospitalizations, both in British Columbia and in Ontario. Summarized here are some of the more recently reported admissions.
[14]. Between 2021 and 2023, Mr. Pierce experienced a series of acute psychiatric crises, resulting in multiple involuntary hospital admissions. He was admitted to Niagara Health in 2021 following an incident of public aggression and disorganized behaviour. During this admission, he displayed symptoms of grandiosity, believing he had supernatural abilities, and expressed paranoid fears that authorities were conspiring against him. He was discharged with recommendations for ongoing psychiatric care but failed to adhere to treatment.
[15]. In February 2022, he was hospitalized at St. Joseph’s Healthcare in Hamilton after being found in a distressed and delusional state, having threatened violence against strangers. His condition deteriorated rapidly, leading to increased agitation and resistance to treatment. During this admission, he refused to accept his diagnosis, displayed significant thought disorganization, and engaged in repeated verbal altercations with staff. Following his discharge from CAMH in April 2022, and Niagara Health in early 2023, he continued to exhibit erratic behaviour, leading to his subsequent detention at Waypoint.
[16]. Following a finding of ‘not criminally responsible’, Mr. Pierce was admitted to the Forensic Assessment Unit at Waypoint on August 15, 2023.
[17]. Mr. Pierce's current psychiatric diagnoses are Schizoaffective Disorder, Bipolar Type, Unspecified Other Stimulant-Related Disorder and Antisocial Personality Disorder Traits. Mr. Pierce has been found not capable of making decisions about his medical treatment, and his mother is his substitute decision maker. He is capable of managing his finances independently. He receives financial assistance from the Ontario Disability Support Program.
EVIDENCE AT THE HEARING
[18]. Mr. Pierce's clinical course for this reviewing year is documented in the Hospital Report. His attending psychiatrist is Dr. W. Komer, he gave evidence at the hearing, along with updated information.
[19]. During the review period, Mr. Pierce has been housed in the Forensic Assessment Unit, pending a disposition from the Board. His mental state has stabilized under structured supervision. He has demonstrated compliance with treatment and has engaged in programming and vocational activities. He has participated in recreational therapy and skill-building programs, which have contributed to his improved daily functioning. However, despite these gains, he remains highly vulnerable to relapse.
[20]. At the hearing, Dr. Komer presented evidence regarding Mr. Pierce’s current mental state, treatment progress, and risk assessment. He confirmed that while Mr. Pierce has shown compliance with treatment, his psychiatric history and past violent behaviour require continued structured supervision, emphasizing the rapid escalation of symptoms in the past, leading to unprovoked violent incidents. Mr. Pierce’s history includes significant concerns around aggression. After initially entering treatment, he committed an assault on staff, necessitating a return to seclusion and a restart of the privilege ladder system. Despite these setbacks, he had previously reached the maximum C5 level of hospital privileges, indicating his capacity for rehabilitation when stable.
[21]. Although he is currently in seclusion, Mr. Pierce has demonstrated notable progress. He has increasingly received time outside of seclusion, showing positive behaviour during these periods. Beginning the day after the hearing, the hospital plans to remove the physical restraints, marking a significant shift toward reintegration within the Waypoint parameters. Currently, his behaviour reflects improved control and compliance. The treatment team estimates that seclusion could be ended within the next week to a month, depending on his continued performance during staff-monitored seclusion relief periods.
[22]. He is currently compliant with his medication regimen, with adjustments to improve effectiveness and manage side effects. Mr. Pierce has acknowledged the role of medication in maintaining stability and has expressed interest in continuing oral medications rather than long acting injectables due to negative past experiences with the latter.
[23]. Dr. Komer stated that Mr. Pierce now has increased insight into his condition, reduced aggression, and a growing sense of accountability as evidenced by a recent apology he made to a staff member he had previously threatened. He is forming therapeutic relationships with staff, further supporting his recovery trajectory. Mr. Pierce is demonstrating a strong commitment to rehabilitation and personal development, setting clear goals that include returning to fitness and recreational activities such as floor hockey and gym sessions, rejoining hospital programs like coffee socials, and engaging in substance abuse counseling, recognizing the harmful impact drugs have had on his life.
[24]. In terms of familial relationships, there is ongoing complexity, although he has shown appreciation for his mother, despite a history of dysfunction and unresolved issues. He received a letter and photographs from her recently and reacted positively. Discussions around relocating to British Columbia, where his foster parents reside, were dismissed by Mr. Pierce, who currently prefers to remain at Waypoint. He referred to his biological family being in Newfoundland and expressed skepticism about aspects of his upbringing, referencing conflict, financial exploitation, and trauma. These family issues may factor into future treatment planning.
SUBMISSIONS
[25]. The joint recommendation supports Mr. Pierce’s continued detention at the High Secure Waypoint facility. The goal is to transition him out of seclusion, build on therapeutic engagement, and work toward a potential future transfer to a less restrictive setting, contingent on sustained stability and adherence to treatment. If significant progress is made ahead of schedule, the Hospital is open to initiating an early review hearing. Mr. Pierce has clearly articulated goals, a treatment team aligned in support of his development, and a structured plan in place. His motivation and active participation is considered critical to progressing toward greater privileges and eventual placement in a less secure setting.
ANALYSIS AND CONCLUSION
(a) Significant Threat
[26]. Where there is a risk of serious physical or psychological harm to members of the public resulting from conduct that is criminal in nature but not necessarily violent, the Board must find that the threshold for ‘significant threat’ has been met. The issue of whether Mr. Pierce constitutes a significant threat to the safety of the public was not contested at the hearing, a joint submission was presented, notwithstanding, we have considered all of the evidence and made an independent finding.
[27]. Based on the testimony of Dr. Komer and the relevant contents of the Hospital Report, we find that Mr. Pierce is a significant threat to the safety of the public, and accordingly, he is not entitled to be discharged absolutely. Several factors convince us that the threshold for ‘significant threat’ has been met. Mr. Pierce has a complex psychiatric profile where his primary diagnosis of Schizoaffective Disorder – Bipolar Type, is compounded by a history of opiate and of polysubstance abuse. A recent HCR-20 v.3 risk assessment highlighted substantial concerns in Mr. Pierce’s historical, clinical, and risk management factors. He met criteria for a majority of historical risk factors (10/10), including a pattern of violent offences, unstable relationships, and prior treatment non-compliance. Clinically (4/5), he has demonstrated periods of poor insight, violent ideation, and significant instability when unwell. While his future risk management profile (2/5) has improved under supervision, the assessment emphasized that his risk of severe decompensation remains high without strict oversight. His past history of aggression, coupled with an inconsistent response to treatment when unmonitored, underscores the necessity of maintaining structured care to mitigate future risks. Also, his past aggression, combined with a lack of insight into his illness, presents an ongoing challenge in managing his treatment needs. Together these factors underscore the necessity of continued close monitoring, to manage his risk to public safety.
(b) Necessary and Appropriate
[28]. The plan of care in place for Mr. Pierce appears to be adequate, however we see that it is still in progress. In the past, his specific mental health needs were either unaddressed or overlooked. These challenges emphasize the need for structured oversight to ensure his sustained stability and prevent any future harm to others. The lack of consistent treatment and supervision prior to his admission to Waypoint contributed to the worsening of his symptoms and erratic behaviour. Despite his apparent stability in a structured setting, his background suggests a persistent vulnerability to deterioration if not carefully monitored.
[29]. The forensic treatment team at Waypoint is key in helping Mr. Pierce achieve mental stability, and we find given all the circumstances, that he could not be managed without the current level of assistance and supervision. Substance abuse therapy is a key element of his long-term rehabilitation plan. Mr. Pierce has shown varying levels of insight over time. Although he has acknowledged his mental illness and the necessity of medication – he has also expressed resistance. Of note, his present compliance with antipsychotic medication is apparent only under the consent of a substitute decision maker. He appears to accept the importance of treatment and demonstrates growing awareness of the risks of non-compliance. His awareness of the need for ongoing treatment and the importance of abstaining from substance abuse may be viewed as superficial and generally limited at this time. Waypoint must retain the authority to ensure his recovery and rehabilitation process remains on a positive trajectory, and adequate supervision is necessary at this time. This oversight is also essential for maintaining stability, particularly through consistent medication administration and monitoring. It remains to be seen if he is able to make more progress moving forward and achieve more stability with the medication and treatment plan in the upcoming year, however, we also note that Mr. Pierce has articulated goals that he would like to achieve in future, and this is a good step forward.
[30]. We conclude on the evidence before us that the most necessary and appropriate outcome for Mr. Pierce is to continue his present positive trajectory at Waypoint, with the conditions and privileges as outlined in the Disposition Order. We wish him well in his recovery and rehabilitation efforts.
DATED this 11th day of April 2025, at the City of Toronto, in the Region of Toronto.
Ms. A. La Viola Legal Member
Office of the Registrar Ontario Review Board