Ontario Review Board
Re: Gabriel Landriault
ORB File No: 7900
Hearing held on: Tuesday, February 25, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse
Members: Dr. S. Lessard
Mr. D. Sandor
Ms. K. Brisson
Parties Appearing:
Accused: Gabriel Landriault Counsel: Ms. M. Lord
Person in charge of hospital: Representative Dr. D. Bourget
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction
On June 2, 2021, Gabriel Landriault, was found not criminally responsible on account of mental disorder on a charge of aggravated assault and assault causing bodily harm, contrary to the Criminal Code of Canada.
Mr. Landriault is currently subject to a disposition of the Ontario Review Board dated December 4, 2023, which discharges him on certain terms and conditions, including to report to the person in charge of the hospital or his or her designate not less than once per month.
On February 25, 2025, the Ontario Review Board convened a hearing at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct the annual review of Mr. Landriault’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Landriault attended his hearing and was represented by his counsel, Ms. Melanie Lord. Ms. Lord asked to be appointed as counsel and the Board granted the appointment pursuant to s. 672.5(10) of the Criminal Code. A hospital report dated January 30, 2025, was filed as Exhibit No. 1.
The issues for this hearing are whether Mr. Landriault continues to meet the threshold of significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.
For the reasons set out below, the Board finds that Mr. Landriault no longer poses a significant threat to the safety of the public, and accordingly, we grant him an absolute discharge.
Index Offences
- The details of the index offences are set out in the hospital report and can be summarized as follows:
“On Sunday the 2nd of December 2018, witnesses Michel Lalonde, Michel Séguin, Martin Ménard, the victim Roger Lalonde and the accused Gabriel Landriault all went to community center in order to pick-up the musical instruments. At one point Michel Séguin heard some noise described as being a striking noise. Michel Séguin then heard glass breaking as he went up the stairs to the first floor. Michel Séguin then observed Gabriel Landriault holding a bottle of liquor above his head as he was on top of the victim who was sitting on a chair, bent forward and was unconscious. The victim was bleeding profusely from the head. The victim was transported to the Hawkesbury General Hospital via ambulance and later in the evening, Michel Lalonde told the attending doctor at the emerge what had really happened, that the victim was hit on the head with a bottle of liquor. The attending physician, Jonathan Minz, contacted police. The victim was transported to the Ottawa Civic Hospital where he was placed in an induced coma due to the extent of his bleeding on the brain and skull fracture.”
Background History
Mr. Landriault’s personal, legal and psychiatric history are set out in detail in the hospital report. Briefly summarized, Mr. Landriault is 33 years of age and has two brothers. He is close with his family and lives in the town of Lefaivre, in eastern Ontario.
Mr. Landriault suffered from attention problems in school for which he required the assistance of a remedial teacher. After primary school, he attended Plantagenet High School. He was not very motivated by school and preferred to go to work.
Mr. Landriault finished high school at age 17 and started a co-op course. During the summer he worked for a cement company. He completed a 9-month welding course at Cité Collégiale, a satellite course given in Hawkesbury, after which he did an internship in welding for 2 months. He returned to work for Terimax as a labourer doing cement foundations.
At the time of the index offences, Mr. Landriault had been employed by an excavation company as a machine operator.
Between the ages of 19 and 24, Mr. Landriault lived with a woman of his age. The couple did not have children and separated because of many arguments.
Mr. Landriault reported he started drinking alcohol when he was 16 years of age. Initially, he drank at parties on weekends. He started using cannabis at age 13 and by the age of 16, he was using other drugs including, cocaine, speed, ecstasy or MDMA, every other weekend. He has never taken drugs intravenously. He stated that he suffered a blackout in September 2018 after consuming alcohol and drugs.
Criminal History
- Mr. Landriault has no prior criminal history.
Psychiatric History
There is little information about Mr. Landriault’s prior psychiatric history. It is noted in the hospital report that Mr. Landriault was seen in the spring of 2018 by his family doctor, Dr. Boisvert, because he was feeling unwell. He had fluctuations in mood and sometimes felt depressed or "high", and he lacked motivation. He was referred for a psychiatric consult with Dr. Fleury around February 2019, after the index offences. He was seen by Dr. Bourget and the ROMHC for an assessment of criminal responsibility on an external basis only.
Mr. Landriault’s current diagnoses are:
Psychotic Disorder NOS (probable Schizophrenia)
Cannabis Use Disorder, mild
Evidence at the Hearing
The hospital’s evidence was presented through its report and through the oral testimony of Dr. Dominique Bourget, who has been the attending psychiatrist since Mr. Landriault has been under an ORB disposition.
Dr. Bourget adopted the contents of the hospital report and summarized Mr. Landriault’s past reporting year as having been “excellent”.
Mr. Landriault has remained stable throughout the previous year and continued to meet on a monthly basis with the members of his treatment team, including the social worker Mr. Richard Robins, and Dr. Bourget.
Dr. Bourget described Mr. Landriault as being generally pleasant, cooperative and open with the treatment team during their meetings. He demonstrates very good insight into his situation and has remained compliant with treatment. Mr. Landriault is being maintained on a low dose of Invega and has “prn” medications to address anxiety.
Mr. Landriault continues to enjoy good family support in the community and has continued to work in the family business, a bar, on an occasional basis.
Dr. Bourget confirmed that she had last met with Mr. Landriault on February 4, 2025. She assessed him as being stable and presenting no psychotic symptoms.
In terms of significant events in the past year, Dr. Bourget stated that she was contacted by counsel for the Attorney General, Ms. Dufort, to report a complaint made against Mr. Landriault with respect to having attempted to contact the victim of the index offence. Mr. Landriault’s current disposition does not prohibit contact with the victim of the index offence. Mr. Landriault explained that he simply wanted to know how the victim was doing and according to Dr. Bourget, this explanation is credible and reflects a rather innocent intention on the part of Mr. Landriault. It has since been reported to the treatment team that the victim died by suicide, for reasons completely unrelated to the index offence committed by Mr. Landriault. Dr. Bourget stated that information obtained by the treatment team was that the victim had a chronic, possibly degenerative disease which led to him ending his life.
In the opinion of Dr. Bourget, Mr. Landriault has excellent insight into his situation. He understands that he has had mental health issues and had been very willing to reach out to the members of his treatment team when needed. Mr. Landriault has good communication with Mr. Robins and can contact him by text message when he has any concerns. Last year Mr. Landriault had reported feeling a certain “brain fog” which led to adjustments of his medication which resolved the symptoms that Mr. Landriault was complaining of.
In response to questions posed to her by counsel for the Attorney General, Ms. Dufort, Dr. Bourget responded as follows:
a) Mr. Landriault has stated his intention to continue working with his treatment team to maintain his stability over the long term. Dr. Bourget confirmed that Mr. Landriault takes the initiative of reaching out when he feels he needs assistance. Dr. Bourget acknowledged that Mr. Landriault has a particularly good relationship with Mr. Robins and that last year’s panel characterized as being key to his continued wellness.
b) Both Dr. Bourget and Mr. Robins will continue to be available for him in the long term. Dr. Bourget stated that there is no intention of cutting off any services to Mr. Landriault should he be granted an absolute discharge.
- In response to questions posed to her by counsel for Mr. Landriault, Ms. Lord, Dr. Bourget testified as follows:
a) Mr. Landriault’s relationship with his parents is very good and she does not anticipate that that will change. Mr. Landriault’s parents are also well aware and educated about their son’s mental health and she does believe that they would communicate with the treatment team if they observed any signs of decompensation.
b) Dr. Bourget believes that if ever an admission to hospital was necessary or was recommended to Mr. Landriault, he would be open to having that discussion though Dr. Bourget qualified her answer as being somewhat hypothetical as this has never happened.
- In response to questions posed to her by members of the panel, Dr. Bourget responded as follows:
a) Mr. Landriault is maintained on a low dose of Invega such that she does not believe that he would have a rapid and severe decompensation if he was non-compliant with his medication.
b) Dr. Bourget confirmed that Mr. Landriault has suffered from anxiety and that it is important that he continue with his treatment to ensure that that is well controlled.
c) Dr. Bourget confirmed that she prescribes Mr. Landriault’s medication and that it is her intention to continue doing so.
d) With respect to Mr. Landriault’s cannabis use, he has reported to Dr. Bourget that he uses it very infrequently. Dr. Bourget stated that there have been no random drug screens as this is not part of his current disposition.
- No other evidence was presented.
Submissions of the Parties
The Board was presented with a joint submission of all parties that Mr. Landriault no longer poses a significant threat to the safety of the public and that he should therefore be granted an absolute discharge.
Counsel for Mr. Landriault, Ms. Lord, added that though Mr. Landriault has not been before the ORB for very long, the index offences actually occurred in 2018, and it was not until Mr. Landriault had a second episode of psychosis and was reassessed, that his NCR status was confirmed. Mr. Landriault has demonstrated an ability to reach out to his treatment team when he needs help and that both he and his family have become well acquainted with what is needed to maintain his stability in the long term.
Analysis and Conclusion
Having considered all of the evidence tendered at the hearing, and the joint submissions of the parties, the Board finds that on the basis of the evidentiary record before us, we are unable to make a positive finding of significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada, and as further defined by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
Mr. Landriault has a diagnosis of psychotic disorder NOS, which is likely schizophrenia. He had a second episode of psychosis after index offences, which led to NCR defence being established. The index offences were serious, and the victim sustained serious injuries.
Since being under the oversight of the ORB, Mr. Landriault’s course has been exemplary. Both he and his family have been open to learning about and understanding his mental health struggles. They have willingly availed themselves of the assistance offered to them by the Forensic Treatment Program of the hospital.
Mr. Landriault has maintained his stability on a low dose of medication. He is not experiencing any positive or negative symptoms, and he has demonstrated that he will not hesitate to reach out to the treatment team if he has any concerns. Dr. Bourget has confirmed that she will continue to be involved with Mr. Landriault in the long term.
On the totality of the evidence, we find that Mr. Landriault no longer meets the threshold of significant threat to the safety of the public. We wish him all the best in the future.
DATED 10^th^ day of April 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Labrosse
Alternate Chairperson
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Office of the Registrar
Ontario Review Board