Re Justin Lynch, 2025 CanLII 33839

Re: Justin Lynch

ORB File No: 8151

Hearing held on: Friday, February 21, 2025

Place of hearing: Centre for Addiction and Mental Health, Toronto

Pursuant to: Section and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M. Segal

Members: The Hon. B. Allen Dr. B. Bordoff Dr. J. Kis Mr. J. Cyr

Parties Appearing:

Accused: Justin Lynch Counsel: Mr. A. Procope

The Person in charge of Hospital: Counsel: Ms. M. Warner

Attorney General of Ontario: Counsel: Ms. V. Culp

REASONS FOR DISPOSITION

(Dated April 14, 2025)

Introduction

1On September 16, 2022 Mr. Justin Lynch was found not criminally responsible by reason of mental disorder on a charge of sexual assault contrary to the Criminal Code.

2Under s. 672.81(1) of the Criminal Code, a panel of the Ontario Review Board (the Board) was convened on February 21, 2025 at the Centre for Addiction and Mental Health (CAMH or the Hospital) to review Mr. Lynch's risk to the public safety and the appropriate disposition under s. 672.54 of the Criminal Code.

3Mr. Lynch’s existing disposition dated February 28, 2024 orders that he be detained at a general forensic unit of CAMH in Toronto with provision for community living in accommodation approved by the person in charge of the Hospital.

4At the start of the hearing the parties provided the Board with their respective positions on disposition and significant risk. The parties took a joint position that Mr. Lynch should remain subject to the existing disposition. The Hospital and Crown agreed with the defence's request to change the requirement in paragraph 4(d) of the existing disposition from reporting not less than once a week to reporting every two weeks if Mr. Lynch should obtain employment.

5The parties maintained their joint position at the close of the evidence.

Disposition

6For the reasons set out below the Board concludes, under s. 672.54 of the Criminal Code, that Mr. Lynch continues to pose a significant risk to public safety and that the necessary and appropriate disposition, that is the least onerous and the least restrictive to mitigate risk to public safety, is that he remain detained at CAMH on the same terms and conditions as the existing disposition with a change of the reporting requirement at paragraph 4(d) of the existing disposition from reporting not less than once a week to reporting every two weeks if Mr. Lynch should obtain employment.

Current Diagnoses

7Mr. Lynch’s current diagnoses are schizophrenia, cannabis use disorder and anti-social personality traits.

The Evidence

8The Board has before it the Hospital Report dated January 31, 2025 which contains an account of Mr. Lynch’s personal and psychiatric background which needs not be repeated in detail here. The Board also has the oral evidence of Dr. Amina Ali, the author of the Hospital Report. Defence counsel filed a CAMH Progress Note dated September 5, 2024.

The Index Offence

9The circumstances of the index offence are described in the Hospital Report and are summarized as follows:

10On October 20, 2020 at approximately 10:10 a.m. the police attended the Trillium Hospital responding to a sex assault call. On arrival, the police spoke with the victim who advised that she was sitting in the hospital waiting room alone when she observed an unknown male also in the waiting room. The victim advised police that without warning the male ran towards her, got down on his knees in front of her, put his hands around her waist area and started pulling down her pants from the waist area.

11The victim struggled for a short time with the male before hospital security intervened and got the male off of the victim. The victim advised police that the male did not talk or say anything to her during the incident and although he was able to partially remove her pants, she does not know what his intentions may have been for removing her pants. The victim advised police that her underwear was not removed, her genitals were not exposed and she was also not physically injured as a result of the incident.

12Mr. Lynch was apprehended by hospital security and held on a Form 1 in the mental health ward. The police were unable to speak with the male as he had been sedated by hospital staff.

13At 7:53 p.m. the police attended Trillium Hospital and placed the accused under arrest for sexual assault contrary to section 271 of the Criminal Code of Canada. Mr. Lynch was read his rights to counsel and caution both of which he indicated he understood. After being at the hospital the accused was then transported to 11 Division and later released on an undertaking.

Criminal History

14Mr. Lynch has a sizable criminal record spanning from 2006 to 2021 involving four charges of assault, three charges of sexual assault, two charges of criminal harassment, possession of a controlled substance and mischief under $5,000,

Substance Use

15Mr. Lynch started using cannabis in grade 10 at the age of 15. He smoked up to three to four grams daily with the heaviest use at age 19 to 21. He started drinking alcohol at age 14 and drank occasionally to the point of intoxication. He did not perceive his alcohol consumption was problematic.

Mr. Lynch’s Personal and Psychiatric History

Before the Current Reporting Year

Personal History

16Mr. Lynch, now age 38 was born in Etobicoke, Ontario. He never resided with his father and last saw him at age 18. He was raised in the family home with his maternal grandparents. Mr. Lynch was raised in a Pentecostal Church community and stated that his family members were devoutly religious. When Mr. Lynch was age 11 his mother moved to Atlanta to pursue a Master’s Degree in public health. Mr. Lynch reported having a difficult childhood during which he was abused by his grandmother, uncle, and mother, his uncle using corporal punishment to discipline him. The mother resided in Atlanta from 1996 to 2008 when she returned to Canada to support her son with his mental illness.

17Mr. Lynch moved to Atlanta to stay with his mother at age 17 for about seven months where he attended grade 10. He returned to Toronto where he attended grade 11 and completed two grades short of graduating from grade 12. He began having mental illness symptoms and his medications caused him to be drowsy during the day so he failed to complete some courses. As for employment, Mr. Lynch worked at several short-lived general labour jobs from which he got fired for poor performance. He admitted to smoking cannabis on the job.

18Mr. Lynch has not had a sustained intimate relationship with a partner. He claims that his medications have caused erectile dysfunction.

Psychiatric History

19Mr. Lynch has a lengthy psychiatric history having 15 psychiatric admissions at several hospitals from 2004 to 2010. Over the years until Mr. Lynch was admitted to CAMH in November 2022 after the index offence, he had been admitted and discharged off and on at various times to Credit Valley Hospital, Etobicoke General Hospital, Brampton Civic Hospital, Oakville Trafalgar Memorial Hospital, St. Joseph’s Hospital, William Osler Hospital, Trillium Hospital, Halton Health Care and CAMH.

20At times at the hospitals Mr. Lynch was agitated such that on some occasions he had to be subdued by physical and chemical restraints. He was diagnosed with paranoid schizophrenia and prescribed anti-psychotic medication at the various psychiatric facilities which medications continued to be adjusted to optimize their effect. He displayed no insight into his illness or need for medication and would refuse to comply with his medication regimen. Mr. Lynch often presented as confused, dishevelled and talking to himself.

21On admission to the hospital Mr. Lynch exhibited command auditory hallucinations after not taking his medication. He smoked cannabis and engaged in various forms of inappropriate, at times, violent behaviour at his residences and in public exhibiting various types of bizarre behaviours. His delusions were often motivated by erotomania as he frequently exhibited hypersexuality, making sexually inappropriate comments and touching females in his midst at correctional facilities, hospitals and in public. His delusions were often grandiose such as at William Osler when he proclaimed he was a part of the "Superman network" and that he was a prophet.

22Mr. Lynch would also become withdrawn, uncommunicative, uncooperative, and hyper-vigilant, with no insight into his delusions. At Oakville-Trafalgar Memorial Hospital he demanded to leave the hospital causing him to be committed involuntarily requiring physical and chemical restraints. He referred to marijuana as his "medication", and stated that he was God and that God told him that he did not need psychiatric medication.

23Mr. Lynch was discharged to supported independent living in the community in July 2015. He gained employment and was medication compliant and stabilized on his anti-psychotic medication. From January 2017 to January 2018 he was transitioned to the Downtown West ACT team under the care of Dr. Leblanc. He did well, did not require hospitalization and received an absolute discharge on January 22, 2018.

24However Mr. Lynch started to decline on the absolute discharge and did not tell the team of his symptoms but told a worker that he was not taking the required dosage of his medication. He was admitted and discharged from several hospitals for violent and bizarre behaviours and, as noted previously, in 2022 he was ultimately found not criminally responsible for the October 2020 index offence and admitted to CAMH.

25Mr. Lynch was admitted to CAMH on November 2, 2022 on a not criminally responsible Warrant of Committal. He was transferred to the Forensic Assessment and Triage Unit (FATU) on November 9, 2022. Mr. Lynch’s mental status has remained stable since his admission, although initially he reported intermittent auditory hallucinations. He was compliant with his anti-psychotic injections.

26The clinical team agreed that Mr. Lynch’s mental state was fairly stable and that he was on a positive trajectory through the forensics system. Mr. Lynch had fair insight into his diagnosis of schizophrenia. He reported agreeing with the diagnosis and could identify some of the symptoms of his unwellness such as citing voices and agitation.

27However Mr. Lynch displayed limited insight into his substance use indicating that he did not have a problem with drinking or drug use and he tended to minimize his past use. Also with respect to the index offence, Mr. Lynch had limited insight into his behaviours maintaining that his behaviours at the time were purposeful, to get a hospital bed because he was homeless. And he was ambiguous when queried about his psychosis and hyper-sexuality diagnoses.

28In February 2023 the Board ordered Mr. Lynch detained at CAMH forensic services with privileges up to and including community living in an accommodation approved by the hospital. He was first transferred to a secure forensic unit in March 2023 and then to a general forensic unit in August 2023.

29Mr. Lynch adapted well to the general forensic unit and displayed no behavioural problems or mood or psychotic symptoms. He was compliant with anti-psychotic medication injections.

30Initially Mr. Lynch had no social support from his family while in the Hospital but on his own initiative he began a positive connection with his mother. To his credit he also got involved actively with unit activities and programs. He has attended Sharing Circle, Creative Expression and Recovery Through Activity. He has been appropriate in group settings and has also been engaged in the Forensic Systems Group. Mr. Lynch was also engaged in several educational and therapeutic programming activities such as Cognitive Behaviour Therapy (CBT) for psychosis and numerous hospital-based recreational programs.

31Further on the positive side Mr. Lynch has exercised indirectly supervised privileges on Hospital grounds and in the community. He used his passes appropriately and attained level 7 indirectly supervised passes to the community. As well his urinalyses were negative for substances. He continued to accept his schizophrenia diagnosis and could identify some symptoms that occur when he is unwell. However his insight into the need for medication remained superficial. Rehabilitative objectives for the following reporting year included further community reintegration and planning for discharge to the community.

The Current Reporting Period - January 2024 to January 2025

32During the early part of the reporting year Mr. Lynch remained an in-patient on a general forensic unit at CAMH. The following factors reflect Mr. Lynch’s progress and some minor setbacks on the unit: there were no overt concerning incidents while on the inpatient unit; there were some minor fluctuations in his mental status, notably, in July 2024, staff observed him talking to himself and pacing due to poor sleep; he was compliant with medications; he attended the substance relapse prevention program as an inpatient; and he took a trip with his mother to the Cayman Islands.

33Mr. Lynch indicated an interest in bricklaying and he started a bricklaying program. However he dropped out in July 2024 because of challenges with the instructor, problems with the course material and his physical fitness.

34The inpatient team explored housing and he was discharged to Madison Housing in August 2024. When he was assaulted by a co-resident at his housing in November 2024 he did not retaliate. He has also been independent in navigating medical appointments and undertaking his activities of daily living.

35On discharge to the community he was followed by the FOPS team. On August 30, 2024 Mr. Lynch tested positive for cannabis on two occasions. He denied using it. Because his mental status was off baseline he was admitted to the Hospital until September 10, 2024. Since discharge from the Hospital on that occasion Mr. Lynch has been compliant with appointments and medications. Mr. Lynch has not used substances and his mental status was back to baseline. His appointments in the clinic were gradually decreased to three times weekly. Mr. Lynch made the affirmative move of engaging in the YMCA substance treatment program and the substance relapse prevention group in the outpatient clinic.

36The Hospital Report addressed a possible re-offence scenario as follows:

If Mr. Lynch were to re-offend, it would likely be in the context of medication non-compliance and subsequent psychotic decompensation, as well as psychotic symptoms exacerbated by substance use. In the absence of external monitoring, he will likely disengage with services, use substances and become non-compliant with medication, which will increase his risk of relapsing into a psychotic episode, similar to his mental state at the time of the index offence. It is noted that following his absolute discharge in 2018 where there was no longer external control from the ORB, Mr. Lynch had multiple readmissions to the hospital for psychotic decompensation and displayed aggressive and assaultive behaviour towards others. [at page 27].

37The clinical team believes that the necessary and appropriate, least onerous and least restrictive, disposition is a detention in the forensic service at CAMH with privileges up to and including community living in an approved accommodation in the community.

Oral Evidence of Dr. Amina Ali

38Dr. Ali testified at the hearing. She indicated there are no material updates following the date of the Hospital Report.

39Dr. Ali reported that during the present reporting year Mr. Lynch was compliant with medications. While in the inpatient unit before discharge there was no substance use. Dr. Ali testified about Mr. Lynch’s use of cannabis immediately after discharge to the community and his hospitalization for seven days to allow him to return to baseline status.

40Dr. Ali explained that since that incident Mr. Lynch’s urinalyses have been negative for substances and things have been going well for him otherwise. She explained that upon discharge he lacked the structure he had as an inpatient and fell into substance use.

41The rehabilitative plan going forward is to create structure through employment and programming that meets his needs. Dr. Ali testified that Mr. Lynch is interested in construction work and pointed out that in winter this type of work is not available. She reported that staff is assisting him with his job search. Dr. Ali indicated that once Mr. Lynch begins to work attention will be on his mental status and substance use. She also offered that his reporting requirements can be adjusted to his work schedule once he is employed.

42In answer to questions about the travel privilege in the existing disposition and whether it is appropriate to retain that privilege given Mr. Lynch's cannabis use in September 2024, Dr. Ali answered in the affirmative. She explained that his cannabis consumption was a short-lived incident that has not been repeated. She explained that were Mr. Lynch planning to travel to the Cayman Islands his mother would be the approved person accompanying him and they would be required to provide the name of a nearby clinic while he is away. Dr. Ali also indicated that were Mr. Ali to consume cannabis while compliant with his medication he would become irritable and not violent or aggressive.

43The clinical team is of the view that the conditional discharge should be maintained on the existing conditions except for the agreed-upon change to the reporting requirement in paragraph 4(d).

The Parties’ Positions

44The parties maintain their joint position that Mr. Lynch continues to be a significant risk to the safety of the public and that the least onerous and least restrictive disposition, that is necessary and appropriate in the circumstances, is a conditional discharge with the existing conditions except the change to the reporting requirement at paragraph 4(d) from not less than once a week to every two weeks if he should obtain employment.

The Board’s Conclusion

45While mindful of the parties’ joint position the Board is required to come to an independent determination.

46The Board unanimously accepts the opinion, as stated in the Hospital Report, that Mr. Lynch remains a significant threat to public safety within the criteria outlined in Winko and as defined in s. 672.5401 of the Criminal Code. The Board considered the criteria, as set out in s. 672.54 of the Criminal Code, namely, the paramount criterion of the safety of the public and Mr. Lynch’s community re-integration, his mental condition and his other needs.

47We accept that the least onerous and least restrictive disposition, that is necessary and appropriate in the circumstances, is a conditional discharge with the existing conditions except for the change in the reporting requirement in paragraph 4(d).

48The Board arrives at its determination for the following reasons.

49The Board finds from the evidence in the Hospital Report and the testimony of Dr. Ali that a conditional discharge is the necessary and appropriate disposition to manage Mr. Lynch’s risk.

50In general Mr. Lynch has had a positive reporting year. There were no significant incidents while on the inpatient unit; he was compliant with medications; attended the substance relapse prevention program as an inpatient; and took a trip with his mother to the Cayman Islands with no problems being reported. However the Board recognizes that once discharged he quickly tested positive for cannabis causing him to move off his baseline mental status and to be briefly hospitalized. The fact that he denied consuming cannabis in the face of positive urine tests is also problematic.

51The Board expresses its concern about Mr. Lynch's relapse into cannabis use once discharged to the community. But having heard Dr. Ali's testimony about the lack of structure in Mr. Lynch's circumstances in the early days after discharge and having learned about the rehabilitative plans the clinical team has devised to bring structure to his life through programming and employment, the Board is satisfied the team will gain control over his behaviour and reduce his risk of decompensation. We are fortified in our ultimate acceptance of the team's view by the fact that for over six months after discharge, he has been stable, medication-compliant, substance-free and making the positive move of seeking employment.

52Regarding the travel privilege, this can only be exercised with the approval of the Hospital that approval be predicated on Mr. Lynch's mental status and behaviour at the time planned for the trip. In deciding to retain the travel privilege the Board considered that Mr. Lynch has previously made a successful trip with his mother to the Cayman Islands while he was an inpatient at CAMH and there were no reported concerns on the trip.

53The Board wishes to commend Mr. Lynch for his progress during the current reporting year and his plan to seek employment with the support of the clinical team. The Board encourages Mr. Lynch to stay on the positive path he is on. We hope that employment is soon on the horizon.

54In keeping with the Criminal Code’s s. 672.5401 criteria, the existing detention order allows Mr. Lynch to maintain his integration in the community and provides for public safety given the Hospital’s authority to approve and monitor where he resides. In the event of decompensation in the community the Hospital can promptly intervene and re-admit him to the Hospital to avoid the potential of violence to others and to attend to his needs.

55Based on the evidence in the Hospital Report and the evidence added in Dr. Ali's testimony the Board finds, under s. 672.54 of the Criminal Code, that Mr. Lynch remains a significant threat to public safety and that currently the necessary and appropriate disposition, that is the least onerous and the least restrictive to mitigate risk to public safety is a conditional discharge on the existing conditions with the requested change to the reporting requirement.