Re: Paul Dunnette
ORB File No: 7684/7702
Hearing held on: Wednesday, April 16, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. T. Verny Dr. M. Mamak Mr. D. D’Intino Mr. J. Cyr
Parties Appearing:
Accused: Paul Dunnette Counsel: Ms. A. Owen
The Person in charge of Hospital: Representative: Dr. M. Pearce
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated April 29, 2025)
Introduction
On January 24, 2020, Paul Dunnette was found not criminally responsible on account of mental disorder (NCR) on a charge of sexual assault, contrary to the Criminal Code of Canada. On March 25, 2020, he was found not criminally responsible on charges of sexual assault and theft under, contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board), dated May 21, 2024, detaining him within the General Forensic Unit at the Ontario Shores Centre for Mental Health Sciences (Ontario Shores/the hospital), with discretionary privileges including the ability to reside in the community in approved accommodation.
On April 16, 2025, the Board convened to conduct the annual review of Mr. Dunnette’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Dunnette was present and accompanied by his counsel, Ms. Owen.
At the outset of the proceedings, all parties were canvassed as to their positions on the two issues to be determined by the Board: whether Mr. Dunnette continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
Dr. Pearce, on behalf of the hospital, submitted that Mr. Dunnette continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order with one change. Dr. Pearce recommended that Mr. Dunnette’s disposition allow for the consumption of cannabis and cannabis-derived products that are purchased from a legal, Ontario-based dispensary.
At the conclusion of the evidence, Ms. MacDonald, on behalf of the Ministry of the Attorney General, and Ms. Owen both concurred in the hospital’s position. Thus, a joint recommendation ultimately was put before the Board.
Findings
- For the reasons that follow, the Board finds that Mr. Dunnette continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order with the recommended change allowing for cannabis use.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated March 19, 2025 (ex. 1), and the viva voce evidence of Dr. Pearce, Mr. Dunnette’s treating psychiatrist.
Index Offences
The circumstances of the index offences are included in the Hospital Report. On July 15, 2019, the complainant parked her vehicle in a parking garage and made her way to the elevator. As the doors opened, the accused was standing inside. Once the doors closed, Mr. Dunnette approached the complainant. He held his hands out in front of him and moved closer to her. The fearful complainant stated, “What are you doing?” Mr. Dunnette replied, “I’m going to kiss you”. He then attempted to kiss the complainant. She was able to move away and fled the elevator once the doors opened.
On June 24th, 2019, Mr. Dunnette entered the Market by Longo’s and stole approximately $15 worth of food. Shortly thereafter, Mr. Dunnette walked towards a woman who was standing on the street typing on her phone. He approached her from behind, grabbed her head and pulled her into him, kissing her on her head and stating, “I love you”. The victim yelled and Mr. Dunnette quickly walked away.
Background Information
The Hospital Report includes details of Mr. Dunnette’s background and psychiatric history and need not be reviewed beyond the following material points. Mr. Dunnette is a 40-year-old man who was born in Kitchener. He has three daughters who were apprehended by the Children’s Aid Society. His parents both struggled with alcohol and substance abuse.
During his youth, Mr. Dunnette engaged in stealing, property damage and theft. His criminal record, found on pages 3-6 of the Hospital Report, spans from 2000 to 2019. He has multiple convictions for, among other things, aggressive behaviour and failing to comply with court orders.
Mr. Dunnette has reported that “he began luring boys into the bathroom in grade one and they would just touch each other”. Eventually girls were included in the activity. Mr. Dunnette also reported being sexually abused by a neighbour. He was expelled from school due to behaviour problems in grade 9 and left home at the age of fifteen.
At the time of the index offences, Mr. Dunnette reported being homeless and living in stairways for years. When incarcerated at the Toronto South Detention Centre, he reported having last had a place to live approximately eight years prior to the index offences. He currently is financially supported by the Ontario Disability Support Program (ODSP).
Mr. Dunnette began using cannabis in grade 6 and by grade he was consuming it on a daily basis. He also has a long history of using crystal methamphetamine and heroin. He has smoked and injected both.
Mr. Dunnette’s first involvement with psychiatric care was in October 2016. He attended the Centre for Addiction and Mental Health (CAMH) requesting “help to stop the special mental powers and to help with being watched all the time”. He endorsed consuming crystal methamphetamine every few days. The hospital determined that he was not certifiable pursuant to the Mental Health Act and discharged him to a shelter.
Much of Mr. Dunnette’s subsequent psychiatric care was provided by the Forensic Early Intervention Service (FEIS) at the Toronto South Detention Centre. He reported auditory hallucinations and his speech was described as pressured and his thoughts derailed. He was noted to be highly tangential and grandiose. He was intermittently compliant with medication.
Following the NCR finding, Mr. Dunnette was admitted to Waypoint Centre for Mental Health Care where he remained until his transfer to Ontario Shores in January 2022. He resided on a secure forensic unit until his transfer to the Forensic Psychiatric Rehabilitation Unit (FPRU), a general forensic unit, on December 6, 2023.
Course Since the Last Disposition
Mr. Dunnette’s current diagnoses are Schizophrenia, Polysubstance Use Disorder, in sustained remission and Antisocial Personality Disorder. This past year, Mr. Dunnette expressed a desire to be considered treatment capable. In that regard, he enrolled in psychotherapeutic programming. In November 2024, Mr. Dunnette was found capable of consenting to treatment of his psychotic disorder.
Throughout the past year, Mr. Dunnette has remained compliant with his medications and has not engaged in any substance use. This has been confirmed by near weekly, random urine toxicology screens. There have been no incidents of aggression or violence.
Mr. Dunnette has been working cooperatively with the treatment team and has participated in various psychosocial programming, both in hospital and in the community. He currently has indirectly supervised community privileges to access community resources. He has utilized this pass 64 times without issue. Mr. Dunnette reportedly keeps in telephone contact with his family, including his daughters, aunt and grandmother.
The Hospital Report contains a risk assessment that was conducted last year. Using the Psychopathy Checklist Revised (PCL-R), Mr. Dunnette was given a total score of 34 out of 40. This is considered in the very high range of psychopathy and is indicative of a very high degree of psychopathic personality features.
An assessment by the treatment team determined that Mr. Dunnette is capable of living in an independent apartment. Accordingly, he was placed on the waitlist for Transitional Rehabilitation Housing Program (TRHP) housing which provides for a subsidized independent apartment with TRHP staff visiting up to twice/day. He has been patient about his transition to the community.
Mr. Dunnette’s insight is fair with respect to his mental illness. With respect to historical substance use, he denies that his use of alcohol or drugs was ever problematic.
Recently, Mr. Dunnette has expressed a desire to use “a little bit” of cannabis, perhaps as much as once a week “for fun”. The treatment team reviewed his long history of cannabis use and his use of other substances such as crystal methamphetamine and heroin. His conflicting reports on the nature of his use was noted. In September 2020, THC edibles were confiscated from his hospital room. Finally, the team noted that Mr. Dunnette has completed Concurrent Disorders counseling and CBT for addiction which, they deemed, demonstrated an understanding of his substance use and coping strategies.
Critically, the treatment team concluded that: “there is no direct evidence in the available records that cannabis use alone caused psychosis or violence, but perhaps it contributed to psychotic symptoms he historically experienced. Certainly, his crystal methamphetamine use was more problematic. Despite an extensive history of violence, including assaults and threats, there is no clear link between these events and cannabis use alone. Thus, it appears that psychosis was often associated with methamphetamine use, but not cannabis use alone. His prior violent behaviours were more strongly linked to antisocial traits and impulsivity, rather than cannabis use.”
In determining that Mr. Dunnette continues to represent a significant threat to the safety of the public, the Hospital Report includes the following reoffence scenario, at p. 35:
Overall, absent the structure and supervision afforded by the ORB Disposition, Mr. Dunnette would migrate to unsuitable housing, discontinue his medication and lose contact with psychiatric care providers. He is likely to resume substances of abuse, such as crystal methamphetamine. Within relatively short order, he would become psychotic and disinhibited. Thus, there remains a real risk of serious physical and/or psychological harm to members of the public, absent a Disposition.
Dr. Pearce testified before the Board. He emphasized that Mr. Dunnette has had a good year. He has continued to be compliant with treatment and has not exhibited any psychotic symptoms. He is currently near the top of the waiting list for supportive housing in the community.
Dr. Pearce reported that Mr. Dunnette has not used substances and, although he has expressed an interest in consuming cannabis, he will not do so absent a disposition allowing for same. Dr. Pearce indicated that he reviewed Mr. Dunnette’s history of cannabis use and could not make a positive finding that cannabis use is risk enhancing for Mr. Dunnette.
Dr. Pearce testified, that in his opinion, it is better that Mr. Dunnette be given the opportunity to use cannabis while he is on the forensic unit. The treatment team can monitor his use and can note if there are any changes in his mental status. Dr. Pearce indicated that there are others under his care who have such privileges. The patients cannot bring any products onto the unit, and they are searched each time they return to the unit from the community. If any cannabis or cannabis-derived product has been consumed, the person is required to produce a receipt demonstrating that it was purchased from a legal, Ontario-based dispensary.
Dr. Pearce reported that the residence where Mr. Dunnette will be residing does not prohibit the use of cannabis. In the doctor’s opinion, Mr. Dunnette’s housing will not be jeopardized and there would be no negative impact on the other residents.
Dr. Pearce testified that it is too early for an Absolute Discharge. Mr. Dunnette has no accommodation in the community, no psychiatrist who can prescribe medications and no other supports. He would be homeless with no follow-up care in the community. If his current structure and support were taken away, he would return to his previous lifestyle and previous behaviour.
Dr. Pearce testified that, similarly, it is too early for a Conditional Discharge. Mr. Dunnette is currently residing in the hospital and has had a good year because of the support and supervision that he has received from the treatment team. As Mr. Dunnette transitions to housing in the community, he will require ongoing support. As such, the hospital requires the ability to approve his accommodation. Further, the hospital requires the ability to return Mr. Dunnette to hospital should he experience a deterioration in his mental status.
As noted above, a joint recommendation was put before the Board.
Analysis and Conclusion
The Board carefully considered the Hospital Report and the evidence of Dr. Pearce and unanimously concluded that Mr. Dunnette continues to represent a significant threat to the safety of the public. Mr. Dunnette’s risk arises from his diagnoses of Schizophrenia and Polysubstance Use Disorder. The index offences were opportunistic sexual assaults on strangers. Mr. Dunnette has a long history of significant substance use and medication noncompliance. He also has a long criminal record that includes a number of convictions for violence and aggression. Further, his diagnosis of Antisocial Personality Disorder and high scoring is further risk enhancing. Absent a disposition of the Board, Mr. Dunnette would have no housing and no psychiatric supports in the community. The Board accepts Dr. Pearce’s evidence that Mr. Dunnette would return to his previous lifestyle and would represent a significant threat to the safety of the public such as at the time of the index offences. The panel unanimously concludes that Mr. Dunnette remains a significant threat to the safety of the public and that that risk to the public is the likelihood that he would commit further criminal offences causing serious physical and psychological harm.
Having found that Mr. Dunnette continues to represent a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which include the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
The panel unanimously agrees with the joint submission that the necessary and appropriate disposition is a detention order. Mr. Dunnette has had a good year while being supported and supervised in hospital by the treatment team. His passes in the community have been going well. He is on the verge of transitioning into the community in supportive accommodation.
To his credit, Mr. Dunnette generally adheres to rules and expectations. There have been no concerns related to substance use or medication noncompliance in a supervised setting. He has indicated a desire to consume cannabis in a responsible manner and is seeking approval from the Board and the treatment team before doing so.
The Board accepts Dr. Pearce’s evidence that it is prudent to monitor Mr. Dunnette’s cannabis use while he is on the forensic unit and, when he is discharged into the community, supported by a forensic outpatient team. Should there be a deterioration in his mental status, he can be brought back to hospital for an assessment of his risk. Leaving aside determining whether there is a requirement that the Board find that cannabis is the sole factor in offending behaviour, the Board agrees that, in this instance, the monitored purchasing and use of cannabis and cannabis-derived products should be included in Mr. Donnette’s disposition. This is based on the principle that the disposition must be the least restrictive and least onerous order in keeping with the safety of the public.
In conclusion, the Board orders that the necessary and appropriate disposition is a detention order with the same terms and conditions but for allowing the consumption of cannabis and cannabis-derived products.
DATED this 29th day of April 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson
Office of the Registrar Ontario Review Board