Ontario Review Board
Re: Laurie J. Mason
ORB File No: 8554
Hearing held on: Thursday, April 10, 2025
Place of Hearing: Providence Care Hospital, Kingston
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Ms. K.A. Connidis
Members: Dr. R. Kunjukrishnan Dr. W. Loza Ms. N. Nathanson Mr. R. Rainboth
Parties Appearing:
Accused: Laurie J. Mason Counsel: Mr. D. Northcott
Person in charge of hospital: Counsel: Ms. T. Tom Representative: Dr. Z. Selhi
Attorney General of Ontario: Counsel: Ms. J. Ferguson
REASONS FOR DECISION
(Dated May 9, 2025)
1. On May 7, 2024, the accused, Laurie Mason, was found not criminally responsible on account of mental disorder, on charges of indecent assault and mischief, both contrary to the Criminal Code of Canada.
2. Ms. Mason is currently subject to the terms and conditions of a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated October 11, 2024, that provided for a transfer from Waypoint Centre for Mental Health Care to Providence Care Hospital (“the hospital”) in Kingston. The transfer occurred on November 20, 2024. The Disposition detained Ms. Mason in the Secure Forensic Unit of the hospital with privileges up to and including to enter the community within 100 kilometres of the hospital, accompanied by staff or a person approved by the person in charge.
3. By letter dated March 17th, 2025 the hospital informed the ORB that on March 10th, 2025 Ms. Mason was transferred to seclusion due to an ongoing risk and mental decompensation.
4. Pursuant to s. 672.81(2.1) of the Criminal Code, on April 10th, 2025, as a result of the significantly increased restrictions on liberty (“ROL”) notice, the Board convened a hearing to review that ROL. Ms. Mason attended her hearing and was represented by counsel, Mr. David Northcott, who attended the hearing via Zoom Audio Visual Technology.
5. The issue at the hearing was whether the significant increase in the restriction on Ms. Mason’s liberty by being transferred to seclusion was warranted, both at its outset on March 10, 2025 and throughout its duration until March 31, 2025, as necessary and appropriate and the least onerous and least restrictive measure available to the hospital in the circumstances.
6. For the reasons set out below, the Board finds that the decision of the hospital to significantly increase the restriction of Ms. Mason’s liberty, by secluding her, was warranted throughout in the circumstances.
7. As the only issue before the Board was the restriction of Ms. Mason’s liberty, there is no need to repeat the details regarding the index offences as well as information regarding Ms. Mason’s personal, criminal and psychiatric history as these are set out in full in the Reasons for Disposition, dated October 11, 2024.
Position of the Parties
8. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
9. Ms. Tom appeared as the hospital’s representative. She advised of the hospital position that the decision to place Ms. Mason into seclusion from March 10-31, 2025, was justified and the least onerous and least restrictive decision available to the hospital under the circumstances.
10. Ms. Ferguson appeared for the Crown. She agreed with the hospital’s position.
11. Mr. Northcott appeared for Ms. Mason. Mr. Northcott advised of his client’s position that the hospital was not justified in placing Ms. Mason into seclusion and this was not the least onerous and least restrictive decision available to the hospital.
Evidence at the Hearing
12. Exhibits filed were: (1) the ROL letter of March 17, 2025, (2) the Reply letter from the ORB, dated March 18, 2025, and (3) Dr. Selhi’s ROL update, dated April 3, 2025.
13. The ROL update was supplemented by Dr. Selhi’s oral testimony.
14. The ROL Report, dated April 3, 2025, provided as follows:
“Ms. Laurie Mason is a 48-year old woman with a history of schizoaffective disorder, bipolar type, who was declared NCR on May 7, 2024 and placed under a detention order c/o the ORB. She was subsequently admitted to the forensic unit at Providence Care hospital (PCH) from Waypoint MHC on Nov. 20, 2024. This is Ms. Mason’s first time as an NCR accused despite several prior admissions to PCH for forensic assessments.
Ms. Mason was placed into seclusion by security staff on March 10, 2025 after making homicidal threats to staff, speaking in bizarre voices, and refusing to respond to redirection. Over the next several days, Ms. Mason continued to show active symptoms of psychosis as suggested by her erratic behavior, extreme irritability, disorganized thoughts, and delusional references. She was unable to be de-escalated and psychiatric medication had little effect on her mental state. Ms. Mason however did not engage in any violent or self-injurious behavior. Towards the end of March, she became more logical, and while offered a trial out on March 28, Ms. Mason was ultimately released on March 31, 2025. The length of her seclusion (> 7days), triggered a restriction of liberties hearing. Her privileges, which included in-hospital, grounds, & community accompanied by staff, were also revoked.
At present, Ms. Mason remains psychiatrically stable. She is housed on Pod A with a plan to return to her regular room on Pod B and resume in-hospital privileges with staff. She is medication compliant and requests as needed psychiatric medication. Her seclusion was indicated for treatment purposes given an acute exacerbation of her symptoms in the setting of medication changes that have since been resolved.”
15. Dr. Selhi testified that staff had made efforts to de-escalate Ms. Mason in the days prior to, and earlier in the day, on March 10. She stated that while in seclusion, Ms. Mason was seen daily by a psychiatrist, either herself or the psychiatrist on the unit. She was seen multiple times per day by staff. On March 28, she was assessed as ready for a trial out which is an opportunity to leave her room to see how she does and if she does well, she can remain out. She declined. Upon questioning by Ms. Ferguson, Dr. Selhi stated that she declined because she would not have been returning to her regular room on Pod B. She was offered a trial out again on March 31. She accepted and has been out and doing well since that time.
16. Upon questioning by Ms. Ferguson, Dr. Selhi described Ms. Mason’s mental state on March 17 as demonstrating erratic behavior, screaming in the seclusion room, delusional, difficult to have a conversation with and acutely psychotic.
17. Upon questioning by Mr. Northcott, Dr. Selhi noted that Ms. Mason had requested a change in medication due to side-effects she had been experiencing. When asked whether medication change was the cause of the conduct change, she agreed that it could have been a big part of it. Dr. Selhi noted that, during the relevant time period, Ms. Mason had a great deal of difficulty communicating and understanding. She believed people were different than who they were, she made accusations and could not be de-escalated. She said there was no air of reality to the accusations made. She required increased medication due to agitation. The reason for her seclusion was explained to Ms. Mason but Dr. Selhi noted that she was not certain that Ms. Mason understood. Dr. Selhi noted that Ms. Mason has been moved back to her regular Pod (Pod B) within the last two days, having been staying on POD A since March 31. She is in the process of having privileges restored. She is currently stable and her illness is managed.
18. Ms. Mason gave evidence. She did not agree that her seclusion had been justified. She stated that there had not been an incident but she had been in her room when a nurse or nurses ran at her, screaming. She believed she had been in seclusion since February 28. She indicated that others were raped in the room next to her and that she was eventually put in that room. She was afraid that would happen to her. Her evidence indicated a fear that she was going to be killed, raped and /or hurt. She noted that she had said “I’m going to slit your throat” to staff. Since coming out of seclusion, she now has grounds and hospital privileges with staff but has not gone back into the community.
19. No further evidence was presented.
Final Submissions
20. Each party maintained their initial position. Ms. Tom stressed that the hospital had made efforts a few days prior to March 10 to de-escalate Ms. Mason. Ms. Tom emphasized the evidence of Ms. Mason’s mental state on March 17. She indicated that Ms. Mason was offered an opportunity to leave seclusion on March 28, but she declined. Ms. Mason accepted on March 31.
21. Ms. Ferguson adopted the Hospital’s submission.
22. Mr. Northcott maintained Ms. Mason’s position that the ROL was not warranted.
Findings of the Board
23. The Board accepts the evidence of Dr. Selhi. We accept that Ms. Mason was experiencing acute symptoms of psychosis. She made threats to kill, was delusional, erratic and neither medication, nor staff direction was effective. We are satisfied that the staff tried to de-escalate her and that the decision to place her in seclusion on March 10 was absolutely necessary. We accept without reservation the evidence that she was seen daily by a psychiatrist, that her acutely psychotic symptoms were ongoing for an extended time period. We note the evidence that on March 17, she was experiencing acute psychosis. By March 28, she was offered an opportunity to leave seclusion but she declined. She accepted on March 31.
24. Accordingly, we find there was a restriction of Ms. Mason’s liberty but that restriction was warranted and was the least onerous and least restrictive decision during the seclusion period.
DATED this 9th day of May 2025, at the City of Toronto, in the Toronto Region.
Ms. N. Nathanson Legal Member
Office of the Registrar Ontario Review Board