Ontario Review Board
Re: Artimese Baker
ORB File No: 8720
Hearing held on: Wednesday, April 2, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg Members: Dr. P. Prendergast Dr. T. Stirpe Ms. N. Nathanson Mr. A. Mete
Parties Appearing:
Accused: Artimese Baker Counsel: Ms. J. Boissonneault
The person in charge of hospital: Representative: Dr. K. De Freitas
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated April 23, 2025)
On February 4, 2025, Ms. Artimese Baker was found not criminally responsible by reason of mental disorder on charges of aggravated assault (x2), assault with a weapon (x2), possession weapon for purposes committing an indictable offence (x2), utter threat to cause death and bodily harm, and assault. The Warrant of Committal was amended so as to permit Ms. Baker to be detained at Ontario Shores Centre for Mental Health Sciences pending her initial Disposition hearing.
The Board understands that Ms. Baker was readmitted to Ontario Shores to the Forensic Assessment Unit (FAU) on February 6, 2025. The Board understands that Ms. Baker had previously been detained at Ontario Shores so as to enable Dr. De Freitas of Ontario Shores to conduct assessments.
On Wednesday, April 2, 2025, the Ontario Review Board convened a hearing at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) and conducted the initial Disposition hearing.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Dr. De Freitas appeared as the representative for Ontario Shores at this hearing. She is, at this time also Ms. Baker’s most responsible physician. Dr. De Freitas advised of the hospital position that Ms. Baker remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is a Detention Order directing Ms. Baker to be detained on the General Forensic Service at Ontario Shores with a number of prohibitions and a number of privileges including the privilege of living in the community in approved accommodation.
Ms. MacDonald appeared for the Attorney General. She supported the hospital’s position on all issues.
Ms. Boissonneault appeared for Ms. Baker. She advised that she had discussions with Dr. De Freitas and with Ms. MacDonald requesting that the provision for community passes be changed from the proposal of 24 hours to a period of up to 72 hours. This is with respect to a proposed paragraph 2(d) and (e). We were advised and accept that both Dr. De Freitas and Ms. MacDonald are agreeable to the change. Accordingly, the parties were presenting a joint recommendation.
Index Offence:
- “The following was obtained from the Agreed Statement of Facts:
Jeremy Maruso and his wife Artemise Baker have been together for 13 years. They have 6 children, all under the age of 12. The relationship has had its ups and downs, but in recent years, Mr. Maruso has observed his wife to be struggling mentally. She appeared to exhibit paranoia and often accused him of cheating. In the days leading up to August 30, 2024, incident, Mr. Maruso indicated his wife’s behaviour had changed drastically. She would speak incoherently, make statements of his infidelity, believe the house was being watched, and stated she didn’t feel safe going outdoors.
On August 29, 2024, Artemise Baker had called the police for assistance as she believed people were trying to hurt her and her documents had gone missing. She stated she had gone for a walk and noticed several white vans in the area, and these cans follow people. She was suspicious of the vans. Officers inquired about her mental health and Artemise advised she had never been diagnosed before. Officers checked on the children, and all six appeared to be fine – happy and running around, well fed. The officers did place a call to the CAS to follow up. York Regional Police responded to another call at the Maruso – Baker residence, 89 Naisr Cres, at 00 28 hours on August 30, 2024. Jeremy Maruso had called the police because Artemise Baker had taken all 6 of the children and left in the van. She had driven to the gas station and was refusing to come home. When police attended, Ms. Baker advised she just needed a break – she was tired from taking care of the 6 kids. She denied any thoughts of self-harm, or thoughts of harming her children or partner. At that time, Artemise didn’t fit the criteria for apprehension under the Mental Health Act. Mr. Maruso wanted to take his partner to the hospital for an assessment. He called his mother on August 30th, Virginia Maruso, to come and watch the children while he took Artemise to the hospital. When Virginia arrived, Artemise and Jeremy were arguing. Virginia was preparing lunch for the six children. Artemise continually entered the kitchen and interfered with Virginia’s efforts, turning off the stove repeatedly. Artemise paced back and forth, rebuffing Jeremy’s pleas to go to the hospital.
Artemise then grabbed a small knife and attempted to strike Jeremy. They struggled over the knife and Artemise dropped the knife. Jeremy picked up the knife – he cannot remember if it was a small, serrated knife or a paring knife – and threw it under the couch. Artemise then grabbed a pair scissors, and stabbed him in the head, on the left side.
At that point, his 71-year-old mother attempted to intervene. However, Artemise turned towards Virginia and struck her in the chest. He heard Artemise say “You’re not hurt yet?” She then struck Virginia again. At this point, Jeremy was able to get the scissors from Artemise and run out of the house, with Artemise chasing after him. She grabbed at him and tore his shirt sleeve. He went to his car and called 911. Artemise followed him and was banging on the car windows. When Artemise exited the house, Virginia locked the doors to the house to prevent Artemise from entering. The six children remained inside with Virginia.
While Jeremy was on the phone, Artemise started to walk away. Jeremy ran back into the house. When the police arrived on scene, Artemise was in the front of the house. She was arrested without incident.
Inside the house, police were able to render aid to Jeremy and Virginia. None of the six children were physically injured; however, they had been present during the altercation. The oldest told the police their mother had hit their dad with a knife, which was now under the couch after dad had thrown it there, and then their mother hit their dad with the scissors.
Both Jeremy and Virginia were taken to the hospital. Jeremy received 3 staples to close the wound to his head. Virginia also had her two stab wounds – to the left side of her chest, near the left clavicle – closed with staples. Both have made full recoveries.”
Evidence at Hearing:
In addition to the documentary evidence, the Board heard from Dr. De Freitas. Dr. De Freitas first confirmed that the hospital is agreeable to passes for up to 72 hours as suggested by Ms. Boissonneault.
Dr. De Freitas noted that Ms. Baker has been “doing very well”. She is accepting medication and it would appear that Ms. Baker’s mental illness is in remission. Dr. De Freitas acknowledged that generally initial passes would be limited to 12 hours but given how well Ms. Baker is doing the doctor supports 72hour passes.
We note that Ms. Baker’s husband, Mr. Maruso, was present by Zoom at the outset of the hearing. For some reason, that is not clear to the panel, Mr. Maruso’s connection came to an end. We also note that Mr. Maruso strongly supports his wife. We are aware that this couple have six children. He is anxious for his wife to be able to have passes to the family home. We were told and accept that Mr. Maruso and some of the children have been able to visit with Ms. Baker in hospital.
Dr. De Freitas repeated that Ms. Baker’s illness has responded well to medication. The doctor also noted that Ms. Baker had good insight.
Dr. De Freitas noted that Ms. Baker works co-operatively with the treatment team. The doctor noted that currently by reason of the Warrant of Committal Ms. Baker is being detained in a Secure Forensic Unit (FARU). The clinical team believe that Ms. Baker’s threat to public safety can be properly managed in a General Forensic Unit at Ontario Shores. The doctor believes that there is a waiting list for beds on the General Forensic Unit but is hopeful that Ms. Baker would be transferred to a General Unit providing the Board makes that Disposition. The doctor noted that Ms. Baker is participating in programs that are available in the Secure Forensic Unit at this time.
No other evidence was heard at this hearing.
Findings of the Board:
The Board notes that the parties were making a joint recommendation. In the Board’s opinion, the parties’ joint recommendation is well founded. We accept the evidence that Ms. Baker remains a significant threat to public safety. We note the very serious nature of the index offence and we accept that the outcome of the index offence could have been much more severe.
The panel is satisfied that Ms. Baker’s threat to public safety can be managed with a Detention Order on the General Forensic Unit at Ontario Shores. We accept the joint position with respect to the privileges and prohibitions and in particular, we accept that the passes shall be for up to 72 hours.
In reaching our Disposition, the Board has taken into consideration public safety, Ms. Baker’s mental condition and her other needs, and Ms. Baker’s reintegration into society.
DATED this 23rd day of April 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board