Re Allan Menard, 2025 CanLII 39397

Ontario Review Board

Re: Allan Menard

ORB File No: 5001

Hearing held on: Thursday, March 27, 2025

Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street

Pursuant to: Section 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal

Members: Dr. B. Sheppard Dr. G. Stones Mr. K. McKenna Ms. M. McKinnon

Parties Appearing:

Accused: Allan Menard Counsel: Mr. A. Confente

The person in charge of hospital: Counsel: Mr. S. O’Brien

Attorney General of Ontario: Counsel: Ms. C. Gzik

REASONS FOR DECISION

(Dated April 28, 2025)

Introduction

1. Allan Menard, age 46, was on January 17, 2008, found not criminally responsible on account of mental disorder on January 17, 2008on a charge of failing to comply with an undertaking, contrary to the Criminal Code. Mr. Menard is subject to a Detention Order dated September 19, 2024, that followed a restriction of liberty hearing on September 12, 2024.

2. On March 27, 2025, Mr. Menard appeared before the Ontario Review Board (the “Board”) from St. Joseph's Healthcare Hamilton (the “hospital”) on another restriction of liberty hearing that arose in January of 2025 and is ongoing.

3. The latest incident occurred at Rukavina House where Mr. Menard has lived for many years. The hospital admission was necessary.

4. The panel had before it as Exhibit 1 a Restriction of Liberty Report dated March 3, 2025, restriction of liberty correspondence as Exhibit 2, and a Hospital Report dated September 3, 2024, as Exhibit 3.

5. In preliminary positions, hospital counsel maintained that the decision to significantly increase the restriction on liberty on January 1, 2025, was warranted, and represented the least onerous and least restrictive decision, and continues to be justified. Crown counsel agreed. The patient’s counsel had instructions not to contest the hospital position. Mr. Menard chose not to attend the hearing but had equipped his counsel with instructions. The panel issued an order permitting Mr. Menard to be absent.

Current Diagnoses

6. • Schizoaffective Disorder;

• Intellectual Disability, Mild:

• Polysubstance Abuse Disorder; and

• Antisocial Personality Disorder

Background and Index Offences

7. “Mr. Menard’s background and personal history are set out in detail in the Hospital Report and need not be repeated here. Briefly summarized, Mr. Menard is a 45-year-old man who was born in Guelph, Ontario. Up until approximately age five, he was raised primarily by his biological mother who also suffered from cognitive limitations. He is the eldest in a sib-line of two, having one younger sister. He also has numerous half siblings whom he did not live with during his childhood, and he has no contact with them. It is likely that he experienced emotional, physical and possibly sexual abuse during his childhood.

His father had a severe alcohol problem and as a result, he was required, by the child welfare authorities, to leave the home when Mr. Menard was four years old. Mr. Menard was placed in foster care and group homes from age 5 to age 13 and, thereafter, he became a Crown Ward. He remained in the care of the Children’s Aid Society until approximately 16 years of age at which time he ran away.

Mr. Menard has an extensive criminal history that dates to his adolescent years. It begins in 1992 and includes at least 15 convictions of various types, ranging from mischief - for which there are many - supervision failures, and a number of assault charges in different contexts.

In terms of his psychiatric history, Mr. Menard has had mental health problems from very early in life related to his genetic anomaly and cognitive disabilities, and subsequently, Schizoaffective Disorder. He has been hospitalized on numerous occasions in various facilities including, the Clarke Institute, Homewood, and later CAMH, as well as admissions to psychiatric facilities in Newfoundland.

Following the commission of the index offence, Mr. Menard was initially detained at the Oak Ridge Division of the Mental Health Centre Penetanguishene and was eventually transferred to the Secure Forensic Unit at St. Joseph’s on April 14, 2009. He was transferred to the General Forensic Unit at St. Joseph’s on March 25, 2011. He was initially discharged to the community on April 30, 2012, to live in supervised housing. He has resided in the community since that time.

Mr. Menard has had frequent re-admissions to the hospital of varying lengths since his discharge to community living in 2012.

The circumstances of the index offence are extracted from the Hospital Report are as follows:

“The accused was investigated by police after he attended the store in the Plaza and asked the security guard if he could buy a gun so he could rob a bank. He further advised that he has robbed banks before. Police attended and after being investigated, noticed that the accused was intoxicated and in breach of his condition not to consume alcohol.”

Evidence at Hearing

8. Dr. Y. Alatishe, the patient’s psychiatrist since 2012, testified. Dr. Alatishe reviewed how Mr. Menard had been living in Rukavina House for the past 10 years. Over that period, there had been numerous readmissions to hospital generally stemming from issues with other residents. Prior to the last incident, Rukavina House had indicated that one more incident would result in termination of the patient’s lease.

9. Mr. Menard habitually struggles at the holiday season. He tends to reflect on the difficult life he has endured including memories of abuse as a child. This past holiday season was no different.

10. On December 31, 2024, there was an argument with a co-resident. Mr. Menard is said to have punched the other resident two or three times. There was no video of the incident, but two other residents witnessed the attack. The police were called but declined to lay charges.

11. Once admitted, Mr. Menard admitted to the misconduct. There was a long history of the two men not getting along.

12. Mr. Menard had to be admitted to the Hospital. He was in a poor state and had nowhere to live. Consistent with this pattern, he had become emotionally and behaviorally dysregulated. Once in hospital, he adjusted and returned to baseline.

13. While in hospital, it was alleged that he punched a female patient from the non-forensic side of the hospital, while they were in the yard. Dr. Alatishe had some doubts regarding the veracity of the account. It may have been merely an argument arising out of a deal gone bad. It is possible Mr. Menard’s actions had been embellished by the complainant.

14. The hospital tried to convince Rukavina House to take Mr. Menard back but that request was denied. At Rukavina House, many residents had grown to dislike Mr. Menard. The hospital is now working on other housing opportunities which is a challenge bearing in mind Mr. Menard’s track record at Rukavina House. One possible option is another 24/7 residence, also run by the Good Shepherd organization.

15. Mr. Menard does require a 24/7 approved setting.

16. Mr. Menard’s medication regimen has remained the same. Mr. Menard is Indigenous. He has been encouraged to attend cultural activities. For a while he was attending the Native Centre. An apparent incentive may have been that centre handing out gift cards upon attendance. Once that practice stopped, Mr. Menard’s interest in attending has waned.

17. There was no alternative on January 1 but to admit Mr. Menard to hospital. Last week his privileges were slightly increased to allow for unsupervised passes three times per week for four hours each time. Recently, Mr. Menard acquired a phone that may help him to obtain indirectly supervised passes in future.

18. The Public Guardian and Trustee administers Mr. Menard’s finances. Money is always a stressor for him. He has had credit agencies hounding him. He has approached the PGT a number of times seeking more spending ability.

19. Mr. Menard is not one of those patients who will linger in hospital because they are comfortable there. Mr. Menard will want to be placed in a residence as soon as possible.

Analysis

20. The Board was presented with a joint submission which it accepts as sensible. When Mr. Menard was no longer welcome at Rukavina House following the December 31 incident, which followed a pattern of similar incidents over the years, he had nowhere to go. He was dysregulated. It was responsible for the hospital to take Mr. Menard in. Mr. Menard has a pattern over the years of requiring rehospitalization following incidents of aggression or violence. The hospital is actively pursuing alternative housing which is no small task given the shortage of suitable 24/7 supervised housing in the community. The admission was warranted and represented the least onerous and least restrictive course available at the time. It continues to be so.

DATED this 28th day of April 2025, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal Alternate Chairperson

Office of the Registrar Ontario Review Board