Ontario Review Board
Re: Noran Clein
ORB File No: 4409
Hearing held on: Tuesday, April 8, 2025
Place of Hearing: Southwest Centre for Forensic Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Ms. S. Clapp Dr. S. Swaminath Dr. M. Green Ms. C. Plyley
Parties Appearing:
Accused: Noran Clein Counsel: Ms. C. Whillier
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated May 7, 2025)
Introduction
On February 22, 2006, Noran Clein was found not criminally responsible on account of mental disorder (“NVR”) on charges of theft over $5000, break and enter and theft, robbery, mischief endangering life, mischief under (x3) resisting arrest, dangerous operational of a motor vehicle and failure to comply with the release order (x2) all contrary to the Criminal Code. He is subject to a disposition of the Ontario Review Board (the Board) dated April 24, 2024, ordering his detention at the Southwest Centre for Forensic Mental Health Care (the Hospital) with privileges up to and including entering the community of Elgin-Middlesex accompanied by staff.
On Tuesday, April 8, 2025, the Board convened a hearing to review Mr. Clein`s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Clein was not present but represented by counsel, Ms. Whillier who advised that she had met with her client that morning and had reviewed the Hospital Report with him. He had informed her that he did not wish to attend the hearing and instructed her to proceed with the hearing in his absence. She applied for an order permitting her client to be absent during the hearing pursuant to section 672.5(10) of the Criminal Code. Neither counsel for the Hospital nor counsel for the Attorney General objected to proceeding in Mr. Clein’s absence. The Board granted the Application but noted that this was the 7th consecutive year where Mr. Clein had not attended his annual review and stressed the importance and potential value of Mr. Clein’s presence and urged counsel and the Hospital to do what they can to have him attend his next hearing.
The issues to be determined at the hearing were whether Mr. Clein continued represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Initial Positions of the Parties
At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that it was the Hospital’s position that Mr. Clein continued to represent a significant threat to the public and that the necessary and appropriate disposition was a continuation of the current detention order without change.
Counsel for the Attorney General supported the Hospital recommendation. Counsel for Mr. Clein advised that she had received instructions not to contest the issue of significant threat and to join the other parties on the recommendation for disposition.
Evidence at the hearing
- The evidence at the hearing consisted of