Ontario Review Board
Re: Cornelius B. VanWoerden
ORB File No: 6512
Hearing held on: Wednesday, March 26, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(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: Cornelius B. VanWoerden Counsel: Mr. F. Bernhardt
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. K. Malkovich
REASONS FOR DISPOSITION
(Dated April 28, 2025)
Introduction
Cornelius VanWoerden was on April 9, 2014, found not criminally responsible on account of mental disorder on a charge of aggravated assault, contrary to the Criminal Code. Mr. VanWoerden, who is subject to a discharge under conditions, appeared before the Ontario Review Board (the “Board”) for his annual hearing on March 26, 2025, from St. Joseph's Healthcare Hamilton (the “hospital”). Mr. VanWoerden chose not to appear but had given his counsel instructions to proceed in his absence. An order was made permitting the hearing to proceed in his absence.
In preliminary positions, the hospital, supported by Crown counsel, proposed a continuation of the current Disposition on identical terms to the most recent Disposition dated April 5, 2024. Mr. VanWoerden’s counsel had instructions not to contest.
The Board had before it is as Exhibit 1, a Hospital Report dated March 3, 2025.
Index Offence
- The facts pertaining to the index offence are as follows:
“On Thursday, December 26, 2013, the accused Cornelius VanWoerden, 198009-23, approached the victim’s pick-up truck as it exited the drive through at Tim Horton’s located at 773080 Oxford Highway 59 in Norwich. The victim rolled down his window as he thought the accused was looking for directions as he did not have any shoes on. The accused opened the door of the victim’s pick-up truck, pulled the victim out of the truck, and beat him unconscious, leaving the victim in a pool of blood. The accused then went into Tim Horton’s where he was refused service because of the assault and told to return to his room at the Glide Inn Motel, next door to the Tim Horton's.
While police were on scene investigating, the accused returned to the parking lot wearing only a pair of jeans. Police observed that the accused's hands were covered in blood and arrested the accused for Assault Causing Bodily Harm. The accused and the victim do not know each other; there was no prior altercation or words exchanged. This was a completely unprovoked random and violent assault. The accused showed no remorse for his actions.
As a result of the attack, the victim suffered three facial fractures, which will require surgery to repair. The victim also suffered lens subluxation, which is trauma to the eye.”
Background
Mr. VanWoerden is from a large family, having 16 siblings. His parents returned to the Netherlands when he was 23 years old. His mother died in 2018, and his father continues to reside in the Netherlands.
Mr. VanWoerden has strong support from his family, and his brother Henk is an Approved Person.
Mr. VanWoerden has a particular interest and skill working with horses. He has maintained this interest since the index offence and has expressed an interest in volunteering on a farm or at a stable.
He has a criminal record consisting of convictions for assault and causing a disturbance in 2009. He had other interactions with the police which were resolved without criminal charges.
Mr. VanWoerden was hospitalized when he experienced his first psychotic episode in 1998, at the age of 18. Subsequently, he was hospitalized on multiple occasions when his mental health declined. He typically presented as depressed, suicidal, and delusional. His delusions were often paranoid, grandiose and had religious content. He also has experienced visual hallucinations and believed that he has heard God’s voice.
Mr. VanWoerden has a lengthy history of not adhering to his medication which caused a rapid decline in his mental health.
He is diagnosed with Schizoaffective Disorder.
Mr. VanWoerden was discharged from the hospital on December 7, 2020, to reside at Indwell Residence. This residential facility provides strong supervision and 24-hour care. He visits with the Forensic Outpatient Team (FOP) twice weekly. The Hospital Report indicates that he attends his appointments regularly and is cooperative with the Team.
Hospital Report
The Hospital Report notes that Mr. VanWoerden continues to reside at Indwell Residential Care Facility at 118 Wentworth Street South, Hamilton. That facility administers his oral medications. The hospital clinic administers injections. The Public Guardian and Trustee is his substitute decision maker. In addition to the forensic team, and the housing manager, he is supported by a family physician and a CMHA peer support worker.
Mr. VanWoerden had complained of suffering sexual side effects necessitating a change. In pharmacotherapy It was his preference to be admitted to hospital to permit that change to occur. To that end he came into hospital voluntarily from July 15, 2024, to October 22 of 2024. Mr. VanWoerden reports the negative side effects from medication have been somewhat mitigated.
Mr. VanWoerden is on a waitlist to be assisted by an ACTT team.
Evidence at Hearing
Dr. O. Kolawole, the patient’s psychiatrist since 2023, testified. Dr. Kolawole indicated that Mr. VanWoerden is now capable to consent, contrary to what is noted in the Hospital Report. In the past year period, Mr. VanWoerden has made progress in a few areas. Mr. VanWoerden's mental health is relatively stable. It was commendable that the patient volunteered to enter hospital when his medication was changed. Mr. VanWoerden is doing quite well engaging with staff. He continues to be medication compliant. There has been no violence or aggression this year. Insight is developing. The patient now recognizes the fragility of his mental status. There has been no return to substances. Some residual symptoms persist such as expansive thoughts. Mr. VanWoerden’s significant risk is well managed on a Conditional Discharge and his risk is calibrated as low - moderate under the Board. Mr. VanWoerden still meets the significant threat threshold but benefits from extensive supervision.
In the last few months, Mr. VanWoerden’s thoughts have become more realistic. While he maintains his life-long interest in horses and raising them, he now appreciates that it may not be possible for him to start and run his own business. It may be possible, however, for him to work for someone else in that endeavour. Mr. VanWoerden's family continues to be involved in raising horses.
If the ACTT team is available to him, and there continues to be stability, consideration of an Absolute Discharge would become a realistic prospect.
Analysis
The panel was presented with a joint submission. At present, Mr. VanWoerden receives a great deal of support from the forensic team, the Indwell residence, a CMHA peer worker and a family doctor. Mr. VanWoerden displayed good judgment in preferring to enter the hospital to change a major medication.
In the last few months, Mr. VanWoerden has shown some notable progress after some time when it was not so obvious. Improvements in thinking and insight are present. Mr. VanWoerden continues to have a productive therapeutic rapport. The application to ACTT is pending. The plan is with the assistance of ACTT, and continued stability, the hospital will be in a position to recommend a possible Absolute Discharge. We wish Mr. VanWoerden well in the upcoming year.
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