Ontario Review Board
Re: Jeffrey Nichols
ORB File No: 5279
Hearing held on: Monday, March 31, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. K. Hand Dr. G. Kerry (via Zoom) Ms. M. Chamberlain (via Zoom) Mr. J. Cyr
Parties Appearing: Accused: Jeffrey Nichols Counsel: Mr. A. Rastgou The person in charge of hospital: Representative: Ms. T. Murdock Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated May 1, 2025)
[1]. On February 23, 2009, Jeffrey Nichols was found not criminally responsible on account of mental disorder on charges of breach of recognizance of bail and utter a threat to cause death or bodily harm, contrary to the Criminal Code of Canada (the "Criminal Code").
[2]. Jeffrey Nichols is subject to a Disposition of the Ontario Review Board (the "Board") dated March 19, 2024, which orders that he be detained at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene ("Waypoint" or the "Hospital"), with privileges up to live in the community in 24 hour-a-day specialized supervised accommodation approved by the person in charge.
[3]. On Monday, March 31, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Jeffrey Nichols was in attendance and was represented by his counsel, Mr. A. Rastgou.
Position of the Parties
- Ms. Murdock, on behalf of the Hospital, asked the Board to conclude that Jeffrey Nichols continued to represent a significant threat to the safety of the public and recommended that the current Disposition remain in place. This position was supported by Ms. Curry, on behalf of the Attorney General. Mr. Rastgou did not take a position on behalf of his client with respect to either significant threat or Disposition.
Background and Index Offences:
Jeffrey Allen Nichols, a 68-year-old individual of Ashkenazi Jewish descent, identifies as gender-fluid, sometimes requesting to be referred to as female and at other times as male. Currently reflected pronouns are they/them. Jeffrey preferred and agreed to be called by his first name during the hearing, which is reflected as such in these Reasons.
Jeffery's current psychiatric diagnoses are:
- Unspecified bipolar and related disorder
- Unspecified Intellectual Developmental Disorder
- Unspecified Personality Disorder
- The circumstances of the index offences are taken from the Hospital Report dated January 22, 2024, as follows:
"Charge 1: Utter Threat to Cause Death
Jeffrey Nichols on Thursday, June 5, 2008, at the Town of Whitby did by directly speaking knowingly utter a threat to [female victim's name] to cause death to [the victim] contrary to the Criminal Code and amendments thereto.
At 1215 hours, the victim was monitoring the accused as he lay in bed in the quiet room at Whitby Mental Health Centre. The accused lifted his head off the bed and while looking at the victim stated, "Fucking bitch, you're going to hell when you die. I'm going to kill you, you white Anglo bitch". The victim did believe the accused has the means to follow through with his threat and as a result she feared for her safety.
Charge 2: Failure to Comply with Recognizance / Peace Bond
Jeffrey Nichols on Thursday, June 5, 2008, at the Town of Whitby did, while bound by a recognizance to keep the peace entered into on June 5, 2008, in front of Justice MacLean, fail without reasonable excuse to comply with the condition to keep the peace and be of good behaviour contrary to the Criminal Code and the amendments thereto.
Based on investigation conducted by the police with regards to the accused assaulting and threatening to kill the victim, [female victim's name], the accused's behaviour and actions were deemed to be breaching the condition of keep the peace and be of good behaviour."
Evidence at Hearing:
The evidence at the hearing consisted of the Hospital Report dated February 27, 2025 as well as the testimony of Dr. Kaggwa.
Jeffery's progress since their last annual review is summarized in the Hospital Report as follows:
"Jeffrey has a long-standing pattern of aggressive and inappropriate behaviors, multiple criminal charges, and repeated hospitalizations. While under the ORB, their inappropriate behaviors have relatively remained similar during each reporting year. They continue to exhibit verbal and physical aggression, sexually inappropriate behavior, and self-destructive actions. They frequently engage in verbal abuse, using profanities, racial slurs, and derogatory comments directed at both staff and co-patients. Physical aggression remains a concern, with instances of scratching, kicking, and other forms of assault. Additionally, Jeffrey exhibits sexually inappropriate behavior, including touching and making inappropriate comments towards staff and co-patients. Their self-destructive behaviors include ripping clothing, urinating, and defecating on themselves and in their room, and smearing feces on surfaces. These actions are often accompanied by impulsivity and poor judgment, with them showing little insight into their behavior and frequently blaming others for their actions."
Ms. Murdock called Dr. Kaggwa to testify for the Hospital. Dr. Kaggwa is a Forensic Fellow working under and reporting to Dr. Mishra. He has reviewed the Hospital Report and agrees with its contents including the Risk Assessment on pages 200 – 202.
Dr. Kaggwa informed the Board that he supports the Hospital's position regarding significant threat. He stated that Jeffery is a 68-year-old person who has spent the last 17 years at Waypoint.
Jeffery has continued to act out aggressively towards staff and patients at the Hospital. They engage in physical and verbal aggression; they throw objects at others and act out sexually towards those in their presence. Due to these behaviours, Jeffery has needed to be in seclusion almost every month in the last reporting period. This is an increase over the number of seclusions that they had in the previous reporting period.
Jeffery had no seclusions in January 2025; however, there has been a deterioration in their behaviour since February when they learned some upsetting news from their sister. Since learning that their sister was adopted and therefore not biologically related, Jeffery has required two seclusions and the Hospital has had to increase some of their medications. The Hospital has also made additions to Jeffery's Crisis Prevention Plan to try to limit the amount of time that they spend in seclusion.
Dr. Kaggwa opined that if Jeffery was in a lesser secure setting, the same behaviours would continue and could become worse. He also noted that this would likely result in Jeffery having less freedom than they currently have at Waypoint.
Dr. Kaggwa informed the Board that Jeffery's medication was being adjusted due to the number of incidences of aggression and acting out. The Hospital will be monitoring Jeffery's behaviour as well as their blood levels and may make further medication increases if necessary.
Jeffery attended a consultation with the gender identity clinic at CAMH but it has been hard for the Hospital to implement the recommendations. For example, it was suggested that they be allowed to wear clothing that reflects their gender expression. Unfortunately, Jeffery will rip off their clothing so they need to wear non-rip materials only.
Dr. Kaggwa stated that he believed that Jeffery benefits from the high level of structure at Waypoint. He noted that their seclusions have been brief when they have occurred and this is a result of the high-level secure placement at the Hospital. In a less secure setting, Jeffery would most likely spend more time in seclusion as the staffing ratios would not provide the same level of support.
Jeffery has remained on the Hospital's Awenda A unit which is the best program for them given their mental health as well as cognitive delays. The staff know Jeffery well there and can tolerate their behaviours better than in a placement where they are less known or in a less secure setting
Dr. Kaggwa also informed the Board that Jeffery remains on the waitlist for a housing placement. The doctor noted that it will be very hard to find a placement for Jeffery as they will require a super specialized accommodation that provides 24 hour-a-day monitoring.
Dr. Kaggwa was asked about the previous Hospital Report which stated that Jeffery Nichols would need to have community passes before being ready to go to a group home. He noted that Jeffrey did have two outings in the past reporting year. While their behaviour did not allow for any more outings than this, the Hospital is encouraged that some community time did take place. The Hospital is also trying to encourage Jeffery to engage with other people outside the unit.
The Hospital has provided Jeffery with some teaching about their sexual acting out behaviour, however, they do not seem to retain the teaching. The Hospital will continue to reinforce the behaviours they would like to see from Jeffery as they are aware that this behaviour will make it harder to find a placement.
Counsel for Jeffery noted that both the community outings had been successful and Dr. Kaggwa agreed with this. Counsel asked the doctor if Jeffery could have a sense of hopelessness about ever getting out of the Hospital and if this could negatively impact their behaviour. Dr. Kaggwa agreed that this could be the case and stated that the Hospital is doing its best to remain positive and engage Jeffery to work towards a community placement. He noted that the addition of community privileges can give hope to Jeffery even if they were only able to use them twice last year. Jeffery understands what is required of them to achieve a privilege and they have done it in the past year so hopefully they can do it in the coming year.
Findings of the Board:
- The Board unanimously finds that Jeffrey continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the position of the parties and accepted the uncontroverted evidence of Dr. Kaggwa that Jeffrey continues to pose a significant threat. The Board also relies on the Hospital Report which notes the following:
"The ongoing displays of violence and aggression, combined with their psychiatric and behavioral challenges, poor insight, and repeated sexually inappropriate behaviors despite redirections, warrants continued detention and supervision in a high-security setting to mitigate the risk of harm to the public and those around them. If external support at the level of a high secure forensic facility and unit dedicated to manage individuals with presentation similar to Jeffrey were not available, there is a risk that they may cease taking their medications, potentially have increased propensity of acting out violently, extreme use of verbal profanities, and acting sexually inappropriate towards others."
"Given Jeffrey's ongoing risk, placement in the High Secure Provincial Forensic Programs Division of Waypoint Centre for Mental Health Care remains essential. This setting ensures constant supervision and structured activities to manage their behavior effectively while their medication regimen is continually optimized. This approach is crucial in mitigating the risks associated with their condition and ensuring the safety of the public and those around them."
The above noted excerpt in tandem with Dr. Kaggwa's testimony that Jeffrey continues to scratch co-patients, exhibit verbal aggression and engage in sexually inappropriate behaviours constitutes the basis of the Board's finding. The Board notes that Jeffery was able to engage in community outings on two occasions in the last reporting period. It is hoped that their behaviours will allow for more community time in the coming year.
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Jeffrey poses to the safety of the public while still meeting their needs, is a Detention Disposition with the privileges and conditions as outlined within their current Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Kaggwa and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Jeffrey's mental condition, their reintegration into society and their other needs.
DATED this 1st day of May 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Chamberlain Legal Member Office of the Registrar Ontario Review Board