Re: Harvey George
ORB File No: 7947
Hearing held on: Friday, March 7, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas ON
Pursuant to: Sections 672.81(1) and 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein Members: Dr. R. D. Chandrasena Dr. B. Sheppard Ms. K. Tomaszewski Ms. C. Plyley
Parties Appearing:
Accused: Mr. Harvey George Counsel: Ms. T.L. Brandon
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DECISION AND DISPOSITION
(Dated April 14, 2025)
Introduction
[1]. On September 22, 2021, Mr. George was found not criminally responsible on account of mental disorder on the following charges: threatening death or bodily harm (x 4), causing a disturbance, possession of a weapon for a purpose dangerous to the public peace, fail to comply with a probation order (x 2), all contrary to the Criminal Code of Canada ( the “Criminal Code”) He is currently subject to a disposition of the Ontario Review Board (the “Board” or “ORB”) dated December 20, 2023, detaining him at the Southwest Centre for Forensic Mental Health Care (referred to as “Southwest” or the “Hospital”), with privileges that include living in the community in supervised accommodation approved by the person in charge, and to attend and participate in a drug and alcohol rehabilitation program anywhere in Ontario, approved by the person in charge at the Hospital.
[2]. That disposition also imposes certain conditions on Mr. George. They include that of abstaining from the non-medical use of alcohol, drugs or other intoxicants, and the submission of samples for the purpose of analyzing whether any consumption has taken place. Prohibitions from contact and communication, direct or indirect, with certain named individuals are also imposed.
[3]. On December 9, 2024, the hospital notified the Board pursuant to s. 672.56(2) of the Criminal Code of a significant restriction of Mr. George’s liberty exceeding seven days (the “ROL”).
[4]. The Hospital’s letter stated that:
Mr. Harvey George absconded while attending a community group on November 26, 2024. He was found the following day by police and returned safely to the Southwest Centre for Forensic Mental Health Care, St. Thomas (St. Joseph’s Health Care London). He reportedly made threats to fight the police but did not resist. He initially required locked seclusion for approximately one day due to agitation, significant psychotic symptoms, and for careful monitoring of his physical health status, as he was experiencing methamphetamine intoxication. Mr. George’s current Disposition is a detention disposition dated December 20, 2023.
In the intervening interval, Mr. George has been intermittently uncooperative and inconsistently adherent with medication. He has expressed delusions and experienced auditory hallucinations, which is a deterioration from his baseline mental state. He also made several disorganized comments of a violent nature, including thoughts of fighting nobody in particular and being “one step from being a dangerous offender.” His risk for violence is elevated above baseline due to changes in his dynamic risk factors including symptoms of major mental disorder, instability, violent ideation/intent, and treatment/supervision problems.
Prior to his abscondment, Mr. George had privileges including indirectly supervised community access for recovery-oriented programs. In the short term, Mr. George is likely to require a restriction of his liberty to remain in hospital as his acute mental state returns to his clinical baseline. Going forward, the clinical team will endeavor to support Mr. George’s ongoing engagement in recovery-oriented community programs with staff supervision, when it is safe to do so.
[5]. On March 7, 2025, the Board convened to review Mr. George’s restriction of liberty (“ROL”) pursuant to s. 672.81(2.1) of the Criminal Code. The Board also conducted an annual review of Mr. George’s disposition. Mr. George was present for the hearing and was represented by counsel throughout the proceedings.
[6]. The issues to be determined are whether the ROL was necessary and appropriate and represented the least onerous and least restrictive measure at the time it was imposed and up to the time it ended; and whether Mr. George poses a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and as explained by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625., and if so, the necessary and appropriate disposition to manage that risk, having regard to the criteria set out in s. 672.54 of the Criminal Code.
[7]. With respect to the ROL, at the commencement of the hearing, counsel for the Hospital submitted that the restriction of Mr. George’s liberty was necessary and appropriate and represented the least onerous and least restrictive measure at the time it was imposed and continued to be so at the time it ended. Counsel for the Attorney General and counsel for Mr. George agreed with the Hospital’s submission. All parties maintained their respective positions on the ROL in closing submissions.
[8]. With respect to the issues of significant threat and the disposition at the commencement of the hearing, counsel for the Hospital submitted that Mr. George remains a significant threat to the safety of the public and there should be no change to his current detention disposition except to add ‘delegate’ to 2(d) and (g) and to delete 2(e) (which is included in the privileges set out in 2(d)). Counsel for the Attorney General agreed with the Hospital's recommendation.
[9]. Counsel for Mr. George agreed with the Hospital but also submitted that in light of the recent Gladue Report, the Disposition should specify “culturally appropriate” drug and alcohol rehabilitation programs.
[10]. After some discussion the parties agreed to revise the Disposition to read: “to attend and participate in a drug and alcohol rehabilitation treatment program including culturally appropriate drug and alcohol rehabilitation programs anywhere in the Province of Ontario approved by the person in charge”.
[11]. The parties presented a joint position in closing submissions.
[12]. The Board received documentary evidence in the form of a Hospital Report dated November 8, 2024, marked as Exhibit 1; a ROL Report and Hospital Report Update (the “Update”) marked as Exhibit 2; and a Gladue Report dated March 6, 2025 (the “Gladue Report”) marked as Exhibit 3. The Board also heard viva voce testimony from Dr. Robertson, a psychiatry resident (PGY5), who worked with Mr. George, and is supervised by Mr. George’s treating psychiatrist, Dr. Quinn.
[13]. For the reasons set out below, the Board finds that the restriction of Mr. George’s liberty on November 27, 2024 was significant and was necessary and appropriate and represented the least onerous and least restrictive measure at the time it was imposed, and continued to be so until the time it ended on February 22, 2025.
[14]. For the reasons set out below, the Board finds that Mr. George continues to represent a significant threat to the safety of the public and there should be no change to his current detention disposition except as recommended by the Hospital and noted above.
Index Offences
[15]. The circumstances of the index offence are taken from the Board’s Reasons for Disposition as follows:
Fail to Comply with a Probation Order
On the afternoon of May 11, 2021, while bound by a probation order, Mr. George attempted to force his way into two separate residences at Kettle Creek First Nations. In both cases the occupants were able to present his entry by holding the door. Police were called and Mr. George was located and observed to be in a manic state with no shirt on, sweating and stating that he was going to die and that he was already dead, was asking police if he was going to be all right. He then started calling police murderers and was trying to evade the interaction by walking away. Mr. George was apprehended under the Mental Health Act and taken to Sarnia Bluewater Health Centre for an assessment but released from hospital shortly thereafter into police custody.
Charges of threatening death x 4, causing a disturbance, carrying a weapon for a purpose dangerous to the public peace and fail to comply with a probation order x 2
On May 16, 2021, Mr. George was seen walking near an apartment complex on the Kettle Point First Nation when he began yelling at four children aged 10 to 13. He pulled a large knife out of a bag he was carrying and started walking towards the children who ran away. A witness stated that Mr. George was carrying a large kitchen knife with an approximately 8 inch blade which he was waving around in a threatening manner while he screamed “I don’t care if your kids [sic], I’ll kill all of you and your dog two [sic].”
[16]. Mr. George’s personal history and background are reviewed in detail in the Hospital Report. Those details need not be repeated. The following short summary is excerpted from last year’s Reasons for Disposition:
The Hospital Report also sets out Mr. George’s background information as a member of a First Nations, Inuit or Métis community. It indicates a troubled childhood consisting of loss of family members, abuse, extended periods of time in the care of Children’s Aid Societies, moving from foster homes to group homes, limited employment history and difficulty with alcohol consumption. He has a lengthy criminal record that spans the course of twenty-five years and includes convictions for sexual assault, aggravated assault, assault peace officer, assault with a weapon, assault, assault causing bodily harm, break and enter, threatening, mischief, robbery with violence and numerous breaches of court orders. He has had multiple admissions to mental health hospitals starting in 2014 related to his addictions and major mental illnesses.
[17]. Mr. George’s current diagnoses are Schizophrenia, Substance Use Disorder in early remission in a controlled environment, Intellectual Disability, and Attention Deficit Hyperactivity Disorder (ADHD).
Course Since Last Disposition
[18]. The following excerpts from the Hospital Report and Update summarize Mr. George’s course since last year’s disposition:
Mr. George’s reporting period was marked by an improvement in his positive symptoms. He continued to struggle with anxiety, irritability, and grandiosity which were primarily driven by his character and cognitive limitations.
On January 5, 2024 Mr. George relapsed and tested positive for amphetamine.
Mr. George became motivated to increase his privilege levels and engaged in psychotherapeutic programming such as Acceptance Commitment Therapy (ACT) for Anger. Mr. George was quite active in hospital-wide and unit recreational and leisure programming. He enjoyed a variety of programs but preferred anything to do with music, volleyball, painting, and walking. He liked 1:1 programming such as playing the piano and card games. He also enjoyed telling jokes.
Due to an improvement in his behaviour and symptomology, ability to remain abstinent from substances, and an increase in engagement in programming, Mr. George demonstrated readiness to transfer to the forensic rehabilitation unit, A1, which happened on April 4, 2024.
He continued to engage in programming and completed ACT for Anger, attended the Concurrent Disorder’s group, and participated in a volunteer program in-hospital (i.e. coffee cart program). Though he attended psychotherapeutic programming, his cognitive limitations prevented him from fully understanding the content, especially more abstract concepts. He was unable to complete his homework independently. Mr. George struggled in group settings…. Attending programs has provided him some benefit in increasing his tolerance in a supervised and structured manner.
Mr. George gradually increased his privileges and …he was entering the community independently supervised for structured activities.
Mr. George was provided culturally responsive services connected to his Indigenous identity. He attended Biigajiiskaan- Indigenous Pathways to Mental Health programming provided at the Southwest Centre and at other St. Joseph Health Care London sites. For example, Mr. George attended a basket weaving session, a therapeutic sweat, Indigenous Sharing Circles offered biweekly at the Southwest Centre (though he only attended occasionally), and solidarity events (e.g. National Day of Truth and Reconciliation and an Indigenous exhibition at the Southwest Centre in October). Mr. George was also supported in attending a substance-related healing circle weekly via the Southwest Ontario Aboriginal Health Access Centre (SOHAC) in London, ON beginning in October 2024.
Mr. George absconded while attending community programming at Community Living – Elgin (CLE), on November 26, 2024. He was found the following day by police and returned safely to the Southwest Centre. During that time, Mr. George smoked methamphetamine which he purchased from a stranger.
Within a few days after being returned to hospital …Mr. George returned to his baseline presentation. A week after his abscondment, he began attending programs without concern, including in-hospital programs, such as billiards, volleyball, playing the piano, Biigajiiskaan programming, and community programs, such as Southwestern Ontario Aboriginal Health Access Network (SOHAC) and Alcoholics Anonymous, for substance use programming with staff accompaniment.
On January 2, 2025, Mr. George’s toxicology screen was positive for methamphetamine.
Mr. George gradually increased his privileges … He expressed an interest in attending a residential substance use program, and therefore, a referral was sent to Westover Treatment Centre. He continued to engage in programming, and on February 4, 2025, for the first time since he absconded, he returned to CLE accompanied with staff. Mr. George continued to express frustration and hopelessness with being in the hospital.
Gladue Report Recommendations
[19]. The Gladue Report contains the following recommendations:
In light of the circumstances of Harvey George’s life as outlined in this Gladue Report, the following recommendations are respectfully made… The recommendations have been discussed with Harvey and he is agreeable to them.
- That Harvey apply for residential mental health and addictions treatment at Dilico Mental Health and Addictions Treatment Centre, located on Fort William First Nation. …In addition, Dilico offers an aftercare program in the city of Thunder Bay. Participants are bused to Thunder Bay daily and returned to Fort William in the late afternoon. Following a client-centred healing approach, the Aftercare program serves clients who have completed residential treatment.
- That Harvey contact the N’Amerind Friendship Centre, Drug and Alcohol Counselling. The Drug and Alcohol Counselling Program provides culturally relevant support to Indigenous individuals and families dealing with substance abuse. … Programs in the unit help maintain sobriety while offering direct counselling:
- Ka'nikuhli:yo (Good Mind) promotes Indigenous mental health and well-being through culturally-based, holistic support, including peer counselling, traditional teachings, and trauma-informed approaches.
- Dorothy Day Learning Centre provides access to cultural education, resources, and social activities that promote understanding of Indigenous history, traditions, and identity. The program offers workshops, a library, and community events to foster cross-cultural learning and preserve Indigenous knowledge. Direct service users are Indigenous individuals and community members seeking cultural enrichment and a deeper understanding of Indigenous life and teachings.
- The Healing and Wellness Program focuses on improving the health and well-being of Indigenous individuals and families, particularly those affected by family violence. Through culturally appropriate services like healing circles, crisis intervention, and counselling, the program addresses prevention and recovery from violence and promotes holistic health. Direct service users are Indigenous women, children, and families at risk, seeking support for healing and wellness.
- Kizhaay Anishinaabe Niin (I Am a Kind Man) engages Indigenous men and youth in ending violence against Indigenous women by promoting healing, cultural identity, and responsibility. The program offers one-on-one support, group activities, and peer leadership grounded in traditional teachings to foster healthy relationships and reduce violence.
Evidence at the Hearing
Testimony of Dr. Robertson
ROL
[20]. Dr. Robertson agreed with the description of the circumstances which led to the ROL, as set out in the Update to the Hospital Report, which need not be repeated in these Reasons. Dr. Robertson confirmed that Mr. George’s indirectly supervised privileges were restored to pre-ROL levels on February 22, 2025.
[21]. After this use of methamphetamine, Mr. George experienced auditory hallucinations, visual hallucinations, was aggressive, hypersexual, and for a brief period, required locked seclusion.
[22]. In Dr. Robertson’s opinion, the period of locked seclusion was necessary to protect the safety of the public.
Significant Threat and Disposition
[23]. Dr. Robertson told the Board that the Hospital received the Gladue Report on the morning of the day of the hearing and has not had time to fully ‘digest’ its contents. The Hospital supports the recommendations of the Gladue Report but needs time to liaise with the recommended programs.
[24]. With respect to the Dilico programing, participants are housed at one site and transported to the program. The Hospital needs to investigate the security measures in place to prevent abscondment and will need to ensure that the Hospital will be informed if Mr. George relapses into substance use or absconds.
[25]. The N’Amerind programing is locally available and is similar to Mr. George’s participation in SOHAC programing. The Hospital will need to confirm that security measures are in place to prevent abscondment.
[26]. Mr. George has indicated that he is willing to attend residential programming, but not if he has to share accommodations with a roommate. The Hospital will investigate whether private accommodation is available at Dilico and Westover.
[27]. The other potential issue is that Mr. George benefits most from one-to-one programing. The Hospital will investigate whether the programing recommended in the Gladue Report can accommodate Mr. George’s learning needs.
[28]. Counsel indicated at the beginning of the hearing that Mr. George wishes to return to Ngwaagan Gamig Recovery Centre (often referred to as Rainbow Lodge) on Manitoulin Island, which he attended from November 20, 2023 – December 14, 2023. Counsel pointed out that Mr. George did not abscond from Rainbow Lodge, although he could have.
[29]. Dr. Robertson indicated that attending a residential treatment program at Westover or Ngwaagan Gamig Recovery Centre (which is culturally sensitive) will not preclude Mr. George from attending Dilico or any additional, culturally sensitive, programs.
[30]. Mr. George has relapsed significantly during the reporting period, and in the doctor’s opinion it would be prudent for Mr. George to atend a residential treatment program. The Hospital is not asking that Mr. George attend the Westover program specifically, but that he attends residential treatment programing. Mr. George is scheduled to attend an intake assessment for Westover on April 1, 2025, with a likely attendance of the program in May 2025.
[31]. The Hospital intends to place Mr. George on the waitlist for the Dilico program as soon as possible, pending investigation of the intake procedures for Dilico.
[32]. Dr. Robertson agreed that Mr. George is likely to benefit from culturally appropriate programs.
[33]. Mr. George was assessed for DSO support and has one more assessment to complete. He has been placed on the waitlist for Passport funding and DSO housing.
[34]. Mr. George is largely adherent to his medications but requires hospital supervision to remain adherent because of his lack of insight into his need for treatment, and his organizational issues.
[35]. Mr. George’s insight into his need for medications fluctuates.
[36]. During this reporting period, medication to treat ADHD was added to Mr. George’s treatment regime. This medication targets symptoms of inattentiveness and hypervigilance. Over the past months Mr. George has become less irritable and more stable. The hope is that once the ADHD is better managed, Mr. George will be able to cope better with stressors. Dr. Robertson said that further changes to this medication are being contemplated.
[37]. Mr. George’s insight into the impact of substance use is developing. He recognizes the negative effect of becoming violent but does not recognize the impact on his insight and judgment.
[38]. Because of his longstanding risk of impulsive substance use and absconding from off-site (out of Hospital) programs, Dr. Robertson indicated that Mr. George’s risk of violence is moderate. Dr. Robertson pointed to two examples set out in the Hospital Report, of Mr. George expressing violent ideation during the reporting period.
[39]. Mr. George does not currently have any Approved Persons, although Dr. Robertson acknowledged that if Mr. George’s brother Jeff moves into the area, there is potential for an Approved Person.
Analysis and Conclusion
ROL
[40]. The analytical framework established by Campbell (Re), 2018 ONCA requires the Board to consider the liberty norm and the liberty status of an accused on a restriction. The liberty norm and liberty status for each restriction must be examined to determine the significance of the increase (if any) on the restriction of an accused’s liberty caused by the restriction. In determining the liberty norm of an accused at the outset of each period of restriction, the Board must “take a contextual approach, one that considers the individual’s pattern of liberty in the recent past.” ((Re) Campbell, para. 66). The liberty she/he was actually experiencing (rather than what she/he was entitled to) at the time of the increase is what the Board is to consider, and that “liberty must be of sufficient duration to have become, objectively speaking, the NCR accused’s norm” ((Re) Campbell, para. 65).
[41]. The test to be applied to significant increases in the restriction of liberty is the same as is required for dispositions. It must be determined if the significant increase is necessary and appropriate to protect the safety of the public.
[42]. Prior to his abscondment on November 26, 2024, Mr. George was able to enter the community indirectly supervised for structured community programs. Upon his return to the Hospital by the police on November 27, 2024, Mr. George was placed briefly in seclusion, and his privileges were held. The Board finds that there was a significant restriction of Mr. George’s liberty from November 27, 2024, until February 22, 2025, when he regained indirectly supervised privileges in the community.
[43]. During his unauthorized absence Mr. George engaged in significant substance use. Use of substances is a salient risk factor for Mr. George.
[44]. Once he was returned to the Hospital, Mr. George regained privileges only to lose them again, as noted above, due to substance use. Mr. George tested positive for methamphetamine use on January 5, 2025, but progressed quickly to regain his indirectly supervised access to the community for structured programs by February 22, 2025.
[45]. For these reasons, the Board finds that the ROL was necessary and appropriate and the least onerous and least restrictive measure available both at the beginning of the ROL and throughout the duration of the ROL.
Significant Threat and Disposition
[46]. The paramount concern of the Ontario Review Board is the safety of the public. The threshold for issuing a disposition other than an absolute discharge is a positive finding by the panel that the individual represents a significant threat to the safety of the public. Significant threat is defined in the Criminal Code as follows:
“For the purposes of s. 672.54 a significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public - including any victim or witness to the offence, or any person under the age of 18 years - resulting from conduct that is criminal in nature but not necessarily violent”
[47]. Both at the outset of the hearing and in closing submissions, all counsel conceded that there would be no challenge to a finding that Mr. George continues to represent a significant threat as defined in the Criminal Code. This joint submission is a factor for the Board to consider in its decision-making process. However, the Board is also charged with the responsibility of determining that the evidence at the hearing supports the Board’s independent finding that the accused continues to represent a significant threat.
[48]. Mr. George has a major mental illness, schizophrenia. Although he has not experienced any hallucinations or delusions while on medication, when relapsing into substance use, Mr. George deteriorated, experiencing hallucinations, aggression, and hypersexuality. He required a period of locked seclusion. Mr. George continues to experience ongoing issues related to his intellectual disability, including organization and planning. He absconded from the Hospital in November (2024). Substance use remains a significant risk factor. The Board is unanimous in finding that when all of the factors listed in the Hospital Report and in the evidence are taken into account, Mr. George continues to represent a significant threat to the safety of the public as defined above.
[49]. The Board adopts the Re-Offence Scenario and Clinical Assessment of Significant Risk set out in the Hospital Report.
[50]. The parties agree that a detention disposition as recommended by the Hospital is the necessary and appropriate disposition. The Board agrees with this position.
[51]. The Board adopts the evidence in the Hospital Report that the Hospital needs to be able to approve Mr. George’s accommodation. Mr. George requires the support of supervised accommodation to support him in a successful transition to the community.
[52]. The Hospital needs to be able to return Mr. George to the Hospital expeditiously, if necessary, as demonstrated during Mr. George’s abscondment in November 2024.
[53]. The Board finds that a conditional discharge is not realistic at this time, and adopts the reasons set out on page 87 of the Hospital Report:
An alternative disposition was not considered realistic because Mr. George has not been [assessed] in the community. A gradual transition into the community is necessary to [assess] Mr. George’s mental stability, his adherence to his medication, and his abstinence from substances. Mr. George requires significant supervision and support wherever he is living. Staff frequently have to redirect Mr. George when he has negative peer interactions and provide him with attention to reduce his irritability. The hospital requires the ability to approve any potential housing to ensure adequate support and supervision is available there. Furthermore, his aggression, when it occurred over the year, was reactive in nature; the Mental Health Act would be insufficient to bring him into hospital prior to an episode of violence.
[54]. The Board is unanimous in finding that in order to fulfill the paramount concern of protecting the safety of the public and manage the successful reintegration of Mr. George into the community, the necessary and appropriate disposition is a detention order with the conditions as recommended by the Hospital.
[55]. The Board wishes to commend Mr. George on his decision to attend the Westover residential treatment program, and his desire to return to the residential treatment program at Ngwaagan Gamig Recovery Centre.
[56]. The Board wishes to acknowledge that it was very impressed by the artwork that Mr. George brought to the hearing and it encourages Mr. George to continue to paint as a means of expressing his cultural heritage.
[57]. The Board is grateful that it received the Gladue Report prior to the hearing. The Board acknowledges the culturally sensitive programing the Hospital has made available to Mr. George to date and encourages the Hospital to continue to do so, with the guidance of the Gladue Report.
DATED this 14th day of April 2025, at the City of Toronto, in the Region of Toronto.
Ms. K. Tomaszewski Legal Member
Office of the Registrar Ontario Review Board