Race B. Watson, 2025 CanLII 39413

Re: Race B. Watson

ORB File No: 7879

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: Race B. Watson Counsel: Ms. A. Owen

The Person in charge of Hospital: Representative: Dr. J. Pytyck

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated April 29, 2025)

Introduction

1. On April 22, 2021, Race Watson was found not criminally responsible on account of mental disorder on charges of possession of a firearm and mischief, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board), dated May 17, 2024, detaining him at the Forensic Program of the Ontario Shores Centre for Mental Health Sciences (Ontario Shores/the hospital), with discretionary privileges including the ability to exercise passes for up to 12 hours to enter the community, indirectly supervised.

2. On April 16, 2025, the Board convened to conduct the annual review of Mr. Watson’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Watson was present and accompanied by his counsel, Ms. Owen.

3. 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. Watson 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.

4. Dr. Pytyck, on behalf of the hospital, submitted that Mr. Watson 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, but with the ability to reside in the community in approved accommodation. In addition, Dr. Pytyck recommended that Mr. Watson’s disposition include the ability to exercise passes for up to seven days to enter the community within a 225 kilometre radius of the hospital, accompanied by staff or a person approved by the person in charge.

5. Ms. MacDonald, on behalf of the Ministry of the Attorney General, and Ms. Owen both concurred in the hospital’s positions. Thus, a joint recommendation was before the Board.

Findings

6. For the reasons that follow, the Board finds that Mr. Watson continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order with the conditions as recommended by the parties.

The Evidence

7. The evidence at the hearing consisted of the Hospital Report, dated March 17, 2025 (ex. 1), and the viva voce evidence of Dr. Pytyck, Mr. Watson’s treating psychiatrist.

Index Offences

8. On the morning of January 21, 2021, Mr. Watson was on the sidewalk outside of his neighbour’s residence. He fired off a starter pistol. He then proceeded to kick his neighbour’s front door several times, causing damage to the door frame. All of this was captured on the homeowner’s security footage. Neither homeowner knew Mr. Watson. When investigated by police, Mr. Watson was in possession of two foldable pocketknives, both larger than six inches in length when unfolded.

Background Information

9. The Hospital Report contains detailed information about Mr. Watson’s background and psychiatric history and need not be reviewed here but for the following material points. As a youth, Mr. Watson was involved in competitive ski racing, spending his summers training in Switzerland and Whistler. He stopped racing at the age of 15 and eventually obtained his license for coaching and ski instructing.

10. Mr. Watson started to use cannabis in grade ten. He often would skip school and began using cannabis on a daily basis. His mother reported that this caused him to have difficulties in school, almost failing grade twelve. Following high school, Mr. Watson had a variety of odd jobs in construction and roofing. At the time of the index offences, he was residing in a rented room in Oshawa and was supported by the Ontario Disability Support Program (ODSP).

11. Mr. Watson was first involved in the criminal justice system in 2017. He was charged with destruction of property and possession of a weapon and went through a mental health diversion program. Mr. Watson’s criminal record includes convictions between 2019 and 2021 for assault, unlawfully possessing a prohibited firearm and being in possession of a weapon dangerous to the public peace.

12. Mr. Watson has a history of problematic substance use. He first started using cannabis at the age of fourteen, consuming 1-2 grams every day. In the time preceding the index offences, he was using a half ounce (14 grams) every day. Mr. Watson did not want to discuss his cocaine use. He started consuming alcohol while in high school. The amount of liquor that he consumed increased over time.

13. Mr. Watson’s mother noticed significant changes in her son’s mental health when he was around 16 or 17 years old (20011/12). He described experiencing auditory and visual hallucinations. Mr. Watson’s first psychiatric admission to hospital was in May 2014, at the age of eighteen. Over the following years, numerous admissions followed. Upon admission, he often reported issues with his sleep, paranoia and auditory hallucinations. His diagnosis was schizophrenia, and he initially was followed by Durham AMAZE, a first episode psychosis program in the community.

14. In April 2017, Mr. Watson was admitted to hospital. The day prior to his admission, he had been struck by a motor vehicle and may have sustained a traumatic brain injury. His mother reported that after this accident, her son began “hearing hundreds of voices” and was “paranoid big time”. Mr. Watson had stopped taking his antipsychotic injections and a decline in his mental state was noted. He was restarted on his medications (escitalopram, aripiprazole, and olanzapine) and he was discharged with aripiprazole 400 mg long-acting injectable. He was deemed incapable to consent to treatment and a community treatment order was initiated, with his mother acting as substitute decision maker.

15. In July 2018, Mr. Watson was supported in the community by the Northumberland Hills Assertive Community Treatment (ACT) team. He was admitted to hospital pursuant to a Form 1 under the Mental Health Act due to worsening psychosis and aggressive behaviour. He endorsed cocaine use at the time. There were reports that he has assaulted his brother twice, assaulted his mother’s partner and had been sexually inappropriate towards his father’s partner. Mr. Watson was placed on a Form 3 and assaulted a staff member while attempting to leave the hospital. Mr. Watson continued to endorse religious and spiritual beliefs that appeared delusional in nature. He was otherwise dismissive about most other symptoms and was fixated on returning home. He again was deemed incapable to consent to treatment and a second Form 4 was issued. His medication was reintroduced. Mr. Watson was discharged to his mother’s home and back to the care of his ACT team.

16. Following his arrest for the index offences, Mr. Watson was detained at Central East Correctional Centre (CECC), until he was transferred to the Ontario Shores Forensic Assessment Unit (FAU) on March 1, 2021. He was transferred to the Forensic Assessment and Rehabilitation Unit (FARU), another secure forensic unit, on July 16, 2021. In August of that year, he assaulted a co-patient and punched and kicked him while he was on the ground. He had several fights that year with peers. He was noted to be the primary aggressor. After assaulting a female co-patient, his medication was changed to clozapine.

17. In September 2022, Mr. Watson was moved to a less secure forensic unit from FARU but was returned in December. He attacked his roommate, stabbing him in the neck with a pen and puncturing him and causing a laceration. There was no apparent reason for the attack. On February 14, 2024, Mr. Watson was transferred to the general Forensic Transitional Unit (FTU).

Course Since the Last Disposition

18. Mr. Watson’s current diagnoses are Schizophrenia and Cannabis Use Disorder, Moderate, in early remission (in remission in a controlled environment). Mr. Watson remains incapable of consenting to psychiatric treatment and his mother continues to act as his Substitute Decision Maker.

19. Mr. Watson has remained on the FTU. He has abstained from the use of alcohol, illicit drugs or other intoxicants and all urine toxicology screens have been negative. He has remained compliant with his medications and necessary bloodwork. He acknowledges the importance of taking his antipsychotic medication as prescribed. Mr. Watson has not presented with any overt psychotic symptoms over the year in review.

20. Mr. Watson utilized numerous passes on hospital grounds and in the community, both with approved persons and indirectly supervised. Both of his parents are approved persons. Mr. Watson has participated in various psychosocial programming and also has continued to engage in regular individual therapy with a psychologist. The primary focus of these meetings has been on anxiety management, given self-reported difficulties with anxiety.

21. In terms of clinical risk factors, problems with insight have been noted. Mr. Watson is able to identify some symptoms that he has experienced in the past, yet he has expressed uncertainty as to his schizophrenia diagnosis and has denied experiencing symptoms consistent with schizophrenia. Further, while Mr. Watson acknowledges some concerns with alcohol use, he has limited insight into the potential impact of cannabis use on his mental status, actually describing it as beneficial. Having said that, he has stated that he has no intention of consuming cannabis while he remains under the jurisdiction of the ORB.

22. Dr. Pytyck testified before the Board. She indicated that Mr. Watson has had a good year. His mental status has remained stable. He has continued to abstain from substances. He has continued to participate in programming, individual therapy, psychosocial therapy and vocational therapy. There have been no concerns with his exercise of passes in the community and with his parents, who remain approved persons.

23. Dr. Pytyck testified that Mr. Watson remains a significant threat to the safety of the public based on his treatment resistant illness, that historically has been shown to be brittle. His mental stability has deteriorated in times of stress, resulting in a loss of much of his insight at the time and leading to aggression.

24. Dr. Pytyck indicated that she has confidence that Mr. Watson will do well with the benefit of close observation and support from the treatment team as he transitions to residing in the community. This is based on him continuing to be compliant with his medication, abstinent from substances and ongoing therapy focused on further developing Mr. Watson’s insight.

25. In Dr. Pytyck’s opinion, a detention order is the necessary and appropriate disposition. The hospital requires the ability to approve Mr. Watson’s accommodation in order to ensure that he receives the requisite support and supervision to manage his risk in the community. Further, Dr Pytyck testified that the hospital requires the ability to rapidly readmit Mr. Watson to hospital should he experience a decompensation, likely resulting from stress.

26. Dr. Pytyck requested that a condition be included in Mr. Watson’s disposition allowing for passes up to 7 days in order for Mr. Watson to spend time at the family cottage with one of his approved persons and to visit his brother in London.

27. All parties maintained the joint submission.

Analysis and Conclusion

28. The Board carefully considered the Hospital Report and the evidence of Dr. Pytyck and unanimously concluded that Mr. Watson continues to represent a significant threat to the safety of the public. Mr. Watson’s risk arises from his diagnoses of treatment resistant Schizophrenia and Cannabis Use Disorder. Mr. Watson has a history of medication noncompliance and significant substance use. When experiencing stress, Mr. Watson has decompensated and acted out aggressively toward people in his vicinity in an unprovoked manner. This is demonstrated in the index offences as well as the aggression displayed by Mr. Watson while admitted to Ontario Shores.

29. Having found that Mr. Watson 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.

30. The panel unanimously agrees with the joint submission that the necessary and appropriate disposition is a detention order. Mr. Watson 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.

31. Difficulty in coping with stress has been identified as an issue for Mr. Watson. In the past, it has contributed to Mr. Watson’s instability and led to aggression. As plans are formulated for Mr. Watson’s discharge into the community, this will be an important consideration. The Board accepts Dr. Pytyck’s evidence that the hospital requires the ability to approve Mr. Watson’s accommodation to ensure he receives adequate support, particularly in managing the stress associated with housing. This is critical to managing his risk in the community.

32. Further, the Board accepts Dr. Pytyck’s evidence that the hospital requires a detention order to enable the hospital to rapidly readmit Mr. Watson should he experience a deterioration in his mental status. When experiencing such a deterioration, Mr. Watson has struck out against neighbours, family members, co-patients and roommates, all within his close proximity.

33. Accordingly, the Board orders that Mr. Watson be subject to a detention order with the same terms and conditions as his existing disposition, with the added privileges of residing in the community in approved accommodations and, when living in the community, reporting not less than once a week, and the ability to exercise passes for up to seven days accompanied by staff or an approved person.

DATED this 29^th^ day of April 2025, at the City of Toronto, in the Toronto Region.

Ms. C. Finley Alternate Chairperson

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Office of the Registrar Ontario Review Board