Re: Sharon Mitchell
ORB File No: 2662
Hearing held on: Monday, March 24, 2025
Place of hearing: Centre for Mental Health and Addiction 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks Members: Dr. P. Prendergast Dr. L. O. Lightfoot Ms. M. Labrosse Mr. A. Bouvier
Parties Appearing:
Accused: Sharon Mitchell Counsel: Mr. D. Brodsky
The person in charge of hospital: Counsel: Mr. J. MacIntyre
Attorney General of Ontario: Counsel: Mr. C. Waite
REASONS FOR DISPOSITION
(Dated May 6, 2025)
On January 21, 1998, Sharon Mitchell was found not criminally responsible by reason of mental disorder (“NCR”) on charges of aggravated assault, assault causing bodily harm, and assaulting a peace officer.
Ms. Mitchell is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated April 18, 2024, by which she is ordered detained on a General Forensic unit at Centre for Addiction and Mental Health (“CAMH” or the “hospital”) subject to a variety of terms, conditions and discretionary privileges including the privilege to live in the community in accommodation approved by the person in charge of the hospital.
On Monday, March 24, 2025, a panel of the ORB convened a hearing at CAMH to conduct a review of Ms. Mitchell’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Ms. Mitchell was in attendance at his hearing and was represented by counsel, Mr. Brodsky. Mr. Brodsky requested that he be appointed as counsel as his client was not able to complete the necessary paperwork to effect same. Accordingly, the panel approved Mr. Brodsky’s appointment as counsel.
The issues to be determined are whether Ms. Mitchell continues to pose a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria sent out in us. 672.54 of the Criminal Code.
For the reasons set out below, this Board finds the test for significant threat continues to be met and that Ms. Mitchell shall continue to be bound by her existing Detention Order.
Positions of the Parties:
At the commencement of the hearing, all parties were canvassed as to their positions regarding Disposition recommendations. Counsel for the hospital and the Crown jointly recommended Ms. Mitchell continued to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition was a continuation of her existing Detention Order Disposition, without amendment.
Counsel for Ms. Mitchell also indicated his client’s support of the hospital’s recommendation and he expressly conceded the issue of significant threat for the purposes of this hearing.
All parties maintained their joint recommendation to the Board in closing submissions.
Index Offences:
- The details of the index offences are extracted from the Hospital Report to the ORB dated March 12, 2025 (the “Hospital Report”), as follows:
“Aggravated Assault
On June 14, 1997, police responded to 3420 The Collegeway, Mississauga, in response to a complaint of a disturbance in the hallway.
When police arrived, they found the accused in the hallway and she appeared to be yelling at her sister. Police managed to separate the two parties. At this time, the accused picked up her groceries and handbag that was in the hallway and began to leave. At that time, Cst. Pankew #1881 requested to speak with the accused. The accused then turned around, pushed Cst. Pankew backwards, and then fled toward the stairwell. Cst. Pankew followed the accused into the stairwell and attempted to grab a hold of her at which time the accused turned around and bit the officer'