Ontario Review Board
Re: Rain Scott-Wright
ORB File No: 8577
Hearing held on: Tuesday, April 1, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. S.J. Hucker Dr. L.O. Lightfoot Mr. D. D’Intino Ms. R. Chopra
Parties Appearing:
Accused: Rain Scott-Wright Counsel: Ms. J. Fitzgerald
The Person in charge of Hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated May 6, 2025)
Introduction
On June 12, 2024, Rain Scott-Wright was found not criminally responsible on account of mental disorder on charges of aggravated assault, assault cause bodily harm, assault, assault with a weapon (x2), attempted murder, and possession of a weapon for dangerous purpose, all contrary to the Criminal Code of Canada (the Criminal Code).
On April 1, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Centre for Addiction and Mental Health, Toronto (“CAMH”) pursuant to s. 672.47(1) of the Criminal Code. Mr. Scott-Wright was in attendance and was represented by his counsel, Ms. Fitzgerald.
Initial Position of the Parties
Ms. Warner, on behalf of the hospital, indicated that the recommended disposition was a detention order, up to and including the discretionary privilege of residing in the community, together with the terms and conditions identified at page 26 of the Ontario Review Board Ordered Risk Assessment, dated October 15th 2024, entered as Exhibit 1.
Ms. Culp, on behalf of the Attorney General, advised that she anticipates supporting the hospital position and requested the addition of a “no-contact” provision with the victims of the index offences to read as follows:
“Not to contact or communicate in any way, either directly or indirectly, by any physical, electronic or other means with the victims of the index offences. Do not be within 50 meters of any place where the victims of the index offences are known to be”.
Ms. Fitzgerald, on behalf of Mr. Scott-Wright, stated that a conditional discharge was being sought, adding that the ongoing presence of significant threat was not contested.
Background and Index Offences
Mr. Scott-Wright was born in Scarborough with no pregnancy or birth complications. He had a healthy childhood without major illnesses.
His mother, Ms. Nicole Scott has some college education and works in customer service. Born in Jamaica, she came to Canada at age nine. Mr. Scott-Wright describes their relationship as close, calling her "very caring, supportive, always taking initiative." His father, Mr. Christopher Wright, lives in New York City. Mr. Scott-Wright has had irregular contact with him and describes their relationship as "more friendly than father-son." They speak weekly as they try to strengthen their relationship. His parents separated when he was about two years old, for reasons unknown to him. While his mother dated occasionally, he never had a stepfather figure. He is an only child with no half-siblings.
Mr. Scott-Wright described his childhood as "tough." Until age 12, he and his mother lived with his aunt and cousin. Though financially limited, his family was close and supportive. Without a father present, he "had to learn how to be a man on my own," though older male relatives served as role models. He grew up in what he calls a "good neighbourhood" near his current residence, not in community housing. Discipline consisted mainly of time-outs with rare spankings. He was never sexually abused. Though his mother sometimes worked two jobs to provide necessities, the family always had shelter, food, and clothing. The Children's Aid Society was never involved.
His family medical history includes a second cousin possibly having schizophrenia, his maternal grandfather and uncle having alcohol use disorders, and some cousins who use cannabis heavily.
Basketball was central to Mr. Scott-Wright’s life from age four, playing for both school and community teams. He believes he started competitive play too late to develop skills needed for advancement or scholarships. He hasn't played competitively since high school.
Mr. Scott-Wright dated a female classmate for about two years during high school. He's unsure why the relationship ended. He identifies as heterosexual and hasn't dated since. While interested in future relationships, he currently prioritizes his mental health and financial stability.
Mr. Scott-Wright left high school one credit short of graduation because he couldn't play basketball in the second semester. His academic performance was good until grade 9, when several basketball-related concussions reduced his motivation and he "stopped caring" about school. In grade 11, he received extra time for tests due to his concussions. He was never suspended or expelled, only receiving occasional detentions for having his phone in class. He describes himself as "sociable but an introvert". Mr. Scott-Wright doesn't recall any psychological testing or learning disability diagnoses and denies any conduct-disordered behavior.
Mr. Scott-Wright began working at age 14, helping his uncle with contracting work like drywalling and framing during summers. He enjoyed learning how to "be a man, take care of myself" and spent his earnings on basketball. From ages 19-21, after leaving school, he worked full-time with his uncle and began paying rent. Thereafter, he worked at Starbucks, becoming assistant manager within eight months. He quit after being accused of leaving merchandise outside that was subsequently stolen. As the only Black employee at that location, he felt unfairly judged. After Starbucks, he worked night shifts at Samuel Associated Tube Group, cleaning and installing tubes in machines. He was laid off in March 2020 due to COVID-19 restrictions. Beginning in November 2020, he worked daytime hours on a sugar packing production line at Atlantic Sugar.
Following his cousin's murder in January 2021 Mr. Scott-Wright developed anxiety and depression. He began hearing voices that sounded like his ex-girlfriend, his deceased cousin, and himself. He also saw what he believed were "spirits" - black silhouettes that appeared mostly when he was waking up.
Mr. Scott-Wright was briefly hospitalized in March 2021 because his family "didn't like my behaviour." Around March-April 2021, his family doctor diagnosed him with psychosis and prescribed Olanzapine 5mg, later increased to 10mg. This helped "calm the voices down a notch." He briefly saw a therapist by video but stopped due to cost. In the fall 2021, he was switched to aripiprazole, which worsened his sleep and didn't fully stop the voices. He was formally diagnosed with schizophrenia later that year and began receiving disability support (ODSP). He hasn't had formal employment since.
A few months later, he was hospitalized again after "acting out of the ordinary" - hearing banging sounds and voices saying, "I'm up here, I'm stuck." After confronting a neighbour and calling police about these sounds, he was taken to the hospital instead.
Mr. Scott-Wright reports drinking alcohol occasionally in moderation. In February 2022, he was brought to North York General Hospital "hearing voices, feeling possessed, no control over my body." He had an "altercation" with his uncle while they were both drinking. During this incident, he heard intense voices talking about his uncle that he tried to ignore. Though he couldn't recall what the voices wanted, he believes they influenced the altercation in which he punched his uncle in the jaw. He was unsure about his medication compliance at the time. Despite this incident, he now has a close relationship with his uncle.
From ages 19-21, he used cannabis regularly (1-3 grams daily). After watching a documentary, he now believes this contributed to his schizophrenia. He stopped using cannabis from January to October 2021 but resumed its use when feeling depressed because it would "calm me down, help sleep." While cannabis didn't noticeably affect Mr. Scott-Wright’s hallucinations, he reports it made him feel unmotivated and sluggish.
The circumstances of the index offences are taken from the Ontario Review Board Ordered Risk Assessment dated October 15, 2024, as follows:
October 14, 2022; 13:41 (1200 Bridletown Circle)
Charges: Assault with a Weapon (two counts), Possession of a Weapon for Purpose Dangerous
Mr. Scott-Wright was walking through the parking lot of 1250 Bridletown and jumped a fence to the 1200 Bridletown property and approached two men, Mr. Junior Fowler and Mr. Everton McEwan, who were doing landscape work. He had a knife in his hand in an “aggressive manner.” The two men confronted Mr. Scott-Wright who jumped back over the fence only to come back over the fence a few minutes later and approached the victims pointing his knife at them. The victims defended themselves by hitting Mr. Scott-Wright with a broom and a shovel. Mr. Scott-Wright lunged at both victims and the three people wrestled until Mr. Scott-Wright backed away from them, discarded the knife into a bush, and fled along Bridletown Circle. Neither victim sustained a visible injury. According to the notes of Police Constable Cosentino, Mr. Fowler did not understand what Mr. Scott-Wright was saying before the attack. He assumed it was a robbery attempt.
October 14, 2022; 13:57 (1200 Bridletown Circle)
Charges: Attempted Murder, Aggravated Assault
Mr. Scott-Wright began following the victim, a 65-year-old woman, Ms. Xiao Wang, on Bridletown Circle and began punching and kicking her. She fell to the ground, and he continued to kick her and punch her about the head. He eventually left the scene. The victim had lost consciousness and was discovered by a passer-by. She was hospitalized with life-threatening injuries. According to the supplementary report of PC Walker, her eyes were swollen shut, there were possible shoe prints on her forehead and a possible broken jaw.
October 14, 2022; 14:02 (Finch and Warden)
Charge: Assault Cause Bodily Harm
Mr. Scott-Wright approached the victim, Mr. David Yao Zhong, who was walking along Finch Avenue, and struck him 6 to 10 times in the face with a closed fist before fleeing along Finch. The victim sustained a cut to the nose and three stitches.
October 14, 2022; 14:40 (Finch and Pharmacy)
Charge: Assault
Mr. Scott-Wright grabbed an unknown woman and began to punch and kick her. He threw her to the ground and kicked and punched her in the head. Several civilians chased him away, two of whom pursued Mr. Scott-Wright in an attempt to apprehend him. Mr. Scott-Wright began punching and kicking one of the men, Mr. Mark Salvador, knocking him to the ground. He sustained minor injuries. Police were flagged down and Mr. Scott-Wright was arrested. He had a wound to his arm and was taken to North York General Hospital.
Current Diagnoses
Schizophrenia,
Cannabis Use Disorder (severe, in sustained remission in a controlled environment).
Evidence at Hearing
Dr. Ali gave evidence on behalf of the hospital. To date, she has assessed Mr. Scott-Wright but once, on September 30th 2024, to complete an Ontario Review Board Ordered Risk Assessment. At that time, Mr. Scott-Wright did not display any overt symptoms of his illness.
Mr. Scott-Wright stated that he was receiving 5 to 10 milligrams of Olanzapine daily and was followed on an outpatient basis by a psychiatrist at the North York General hospital. During this assessment Mr. Scott-Wright advised he understood he has a mental illness and stated that medications are helpful for him. Although he was unable to relate when he last heard voices, collateral information is that he continued to hear voices subsequent to his release from jail in March 2023. Dr. Ali added that Mr. Scott-Wright reported he had not used cannabis because it was a condition of his release. Nevertheless, he may be interested in future use of the substance. Mr. Scott-Wright reported being compliant with medication although Dr. Ali deemed that compliance as externally motivated. An increase of his olanzapine dosage was recommended as was the initiation of an intramuscular injectable. Both of these options were declined by Mr. Scott-Wright, decisions Dr. Ali attributes to limited insight.
Dr. Ali confirmed that Mr. Scott-Wright was living with his mother at the time of the September 30th 2024 Risk Assessment. Suitability of this housing will be assessed once he is connected to the forensic team. Dr. Ali agreed with Ms. Culp’s suggestion that Mr. Scott-Wright's mother is uncomfortable with him living with her if he is medication noncompliant and that this extends to concerns vis-à-vis the safety of other family members. Dr. Ali added, that if Mr. Scott-Wright’s housing is considered inappropriate, then the treatment team would likely look to housing options that could properly oversee his mental status and ensure medication compliance. This speaks to the fragility of his housing.
Dr. Ali testified that the basis of her finding of significant threat is substantiated by the risk factors detailed at page 25 of her September 30th 2024 Risk Assessment. Her uncontested conclusion which the Board also accepts follows:
“Mr. Scott-Wright would likely behave in a physically aggressive and violent manner towards others if his symptoms of psychosis worsened. This would likely occur in the context of medication non-adherence, substance use and/or psychosocial stress (particularly in relation to his family).”
To manage Mr. Scott-Wright’s risk, the forensic team will need to review his medications and potentially increase the oral dose of antipsychotic he currently receives, or, alternatively, transition him to an intramuscular injectable to ensure ongoing compliance. The forensic treatment team will also need to monitor Mr. Scott-Wright’s cannabis use and begin psychoeducation regarding future use of this substance in relation to the nature and course of his illness. Dr. Ali alluded to a comment found at page 18 of her Risk Assessment that Mr. Scott-Wright wants to stop his prescribed medications when “cured”. Further education is also required to manage his stress and coping. There is also a need to ascertain residual symptoms that he may continue to experience.
Dr. Ali had no updates to report. This is because after interviewing Mr. Scott-Wright on September 30th 2024, she has had no further contact or communication with him.
Dr. Ali testified that a detention disposition is required because Mr. Scott-Wright is sub optimally treated at this time. Further, he is likely not certifiable under the provisions of the Mental Health Act because it would take time for him to decompensate to the extent that the provisions of that legislation could be brought to bear to return him to hospital. Dr. Ali also opined that Mr. Scott-Wright would not present to hospital voluntarily. Ms. Culp noted that Mr. Scott-Wright’s mother, as well as the police, had previously brought him to hospital and that he was then held under a Form 1 pursuant to the Mental Health Act. Dr. Ali responded that this is part of her rationale why she does not believe he would stay voluntarily in hospital.
Dr. Ali conceded, in response to a question from Ms. Fitzgerald, that Mr. Scott-Wright has attended at the hospital when his mother asked him to. Responding to further questions from Ms. Fitzgerald, Dr. Ali testified that subsequent to February 2024, she has no reason to disbelieve that her patient was not taking 5mg of Olanzapine on a daily basis. Dr. Ali added that even if that dosage was increased to 10mg per day this would still constitute a fairly low dose, as 30mg daily is the maximum recommended dosage. Dr. Ali added, in response to a question from the panel, that if Mr. Scott-Wright had been prescribed a daily dosage of 10mg of olanzapine and was only taking 5 mg, that would indicate a degree of medication noncompliance. Reference was made to an entry at page 16 of Dr. Ali’s September 30th 2024 Risk Assessment, that the prescribed daily dosage of Olanzapine should be increased to 15mg. Dr. Ali opined that the accused has no history of medication compliance absent oversight. While he has not refused to take medications, he has not agreed to appropriate dosages or accepted medication via intramuscular injection.
Reference was made to page 22 of Dr. Ali’s September 30th 2024 Risk Assessment wherein Mr. Scott-Wright stated that he would consume cannabis again if permitted to use. The concern is that he will experience psychotic symptoms if he does resume consumption. Dr. Ali conceded that Mr. Scott-Wright has abstained for some 10 months, however, she categorized this period of abstention as part of his substance use disorder which in no way minimizes the likelihood that he may resume the consumption of cannabis.
On another note, Dr. Ali testified that her written reference to relationship problems pertains to problems of social withdrawal and not to romantic relationships.
Ms. Fitzgerald referenced Dr. Andrew Morgan’s observations at page 17 of his July 19th 2023 Mental Status Examination. Specifically, that Mr. Scott-Wright’s insight is “fair”. Dr. Ali responded that that was another assessor’s opinion. Asked if there was any reason to conclude that Mr. Scott-Wright would suddenly fall away from medication, Dr. Ali responded that subject to close supervision, he would likely remain compliant. He remains treatment capable although the dosage of medication is below a therapeutic level. Dr. Ali reiterated that the forensic treatment team considers noncompliance as the taking of a sub-optimal dosage of medication.
There is no recommendation that Mr. Scott-Wright be removed from his home at this time, only that the hospital retain the ability to approve his accommodation. Responding to a question from the Panel, Dr. Ali opined that unless Mr. Scott-Wright decompensates significantly, or a safety issue arises at his home his housing could be assessed on an outpatient basis,. Similarly, an occupational therapy assessment could be completed on an outpatient basis as could the titration of his medication dosage. Educational programming could also be provided on an outpatient basis.
Overall, the necessity of a Detention Disposition is to retain the ability to quickly admit Mr. Scott-Wright hospital as required, in the event of a mental decompensation and to approve his housing.
Closing Observations
Ms. Warner, on behalf of the hospital, conceded that Mr. Scott-Wright has followed the terms of his bail order and has continuously taken his prescribed medications for the past two years. However, there are many unknowns with regard to a number of criminogenic risk factors that will require oversight and clinical management. Specifically, Mr. Scott-Wright’s major mental illness, his apparent sub optimal dosage of medication, his history of substance use and limitations vis-à-vis his insight. The tools of a Detention Disposition are therefore needed to approve his housing as it may destabilize if he falls away from treatment. Were that to occur, it is important to have the ability to readmit him quickly to hospital.
Ms. Culp, on behalf of the Attorney General, noted that Mr. Scott-Wright is in the very early days of his rehabilitation and that the index offences were severe. When unwell, the consequences of his symptoms were near fatal, such that the future degree of risk to the public could also be severe. There is a history of non-attendance to hospital such that family have had to bring him in. Mr. Scott-Wright is sub-optimally treated and the ability to approve housing is crucial notwithstanding the ongoing support from his mother. Ms. Culp concluded that a risk to Mrs. Scott’s safety exists if her son's mental state declines.
Ms. Fitzgerald submitted that since her client’s release from jail he has complied with bail conditions and exhibited no aggression or violent behaviour. Further, prior to the index offences, there was no involvement with the criminal justice system. The evidence presented is that he understands the ongoing need for medication and has remained compliant without issue for the past two years. The evidence indicates her client defers to his doctors’ recommendations. In September 2022, Mr. Scott-Wright stopped his psychotropic medications after catching a virus which caused him nausea and vomiting. Page 17 of Dr. Morgan’s Report states that Mr. Scott-Wright attributed the taking of olanzapine to the worsening of his nausea. On November 21, 2022, five weeks subsequent to the commission of the index offences, as referenced at page 15 of Dr. Morgan’s report, Mr. Scott-Wright requested that his prescribed dosage of Olanzapine be increased. Ms. Fitzgerald concluded that Mr. Scott-Wright risk to public can be addressed within the parameters of a conditional discharge with an increased reporting requirement.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Scott-Wright continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Scott-Wright continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Ali that Mr. Scott-Wright continues to pose a significant threat. The Board also relies on the September 30th 2024 Ordered Risk Assessment in determining that Mr. Scott-Wright suffers from Schizophrenia; a major mental illness, complicated by a severe Cannabis Use Disorder, in sustained remission.
The Board therefore accepts that absent an ORB Disposition, Mr. Scott-Wright would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Scott-Wright will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Scott-Wright continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Scott-Wright ’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Scott-Wright provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Scott-Wright needs, this Panel notes the regrettable 2.5 year delay from the time of the commission of the index offences in October 2022 until his initial hearing before this Board. Speedier assignment to a CAMH forensic team would have enabled an earlier start to Mr. Scott-Wright’s rehabilitation and community reintegration. At this juncture, this panel of the Board is particularly concerned by the sub-optimal dosage of antipsychotic medication he has been receiving and his refusal to accept a higher dosage of olanzapine either in pill form or via intramuscular injection. This is “Despite his outpatient psychiatrist’s recommendation and his mother’s request” as noted at page 25 of Exhibit 1, to enable an augmented therapeutic dose of olanzapine and facilitate monitoring of medication adherence. His comment that he intends to discontinue his prescribed psychotropic medications once “cured” further substantiates his limited insight vis-à-vis his mental illness. Regrettably, there is no “cure” for Schizophrenia. It is a lifelong mental disorder that demands a lifelong combination of medication, therapy, and support services.
At page 15 of the hospital report it is reported that Mr. Scott-Wright:
“…requested to increase the olanzapine to 15mg. This was prescribed. On December 6, 2022, Mr. Scott-Wright was noted to be hoarding his olanzapine.”
This panel of the Board also notes that subsequent to his commission of the index offences through to the date of this hearing there is no evidence that Mr. Scott-Wright sought out community educational programming to augment his limited insight.
Mr. Scott-Wright has repeatedly demonstrated his unwillingness to attend, let alone remain in hospital on his own volition when a decline in his mental state manifests. He was admitted and held for a 72 hour assessment pursuant to a Mental Health Act Form 1 after being brough to the Emergency Department by his mother and by the police on separate occasions. This panel therefore accepts Dr. Ali’s uncontroverted expert opinion that her patient will not voluntarily return to hospital for assessment or accept to be admitted.
As a result, Ms. Fitzgerald’s contention that her client:
defers to his doctor’s recommendations,
understands the ongoing need for medication,
are not supported by the evidence.
Dr. Ali’s observation that adherence to a sub-optimal dosage of medication constitutes non-compliance resonated with this panel. From February 2024 onward, it appears Mr. Scott-Wright unilaterally determined he would take a suboptimal daily dose of 5 milligrams of Olanzapine when he was prescribed a daily dose d 10 milligrams. Further, he refused to accept anti-psychotic medication by way of intra-muscular injection.
Granting Mr. Scott-Wright a Conditional Discharge would be premature at this point. The hospital needs to maintain the authority to promptly readmit him if his mental state shows signs of deterioration. This capability is essential to prevent an elevated risk to public safety that could emerge during a significant relapse. That eventuality is exacerbated by the suboptimal dosage of antipsychotic medication Mr. Scott-Wright unilaterally decided was appropriate, for at least the past year. A therapeutic dosage of Olanzapine administered via intra-muscular injection would enable greater certainty of optimized psychotropic treatment and augment the stability of his housing. Although he currently lives with his mother, she has expressed reservations about this arrangement and for the safety of family members unless he remains adherent to prescribed psychotropic medications. The risk to the safety of Mr. Scott-Wright’s mother and his family therefore increases exponentially if her son’s mental state deteriorates because of medication non-compliance and/or the use of cannabis. Mr. Scott-Wright has abstained from the use of cannabis because it was a condition of his bail release. It has been made a condition of his Ontario Review Board disposition because he lacks insight regarding the impact this substance has had and will have on his Schizophrenic illness. Specifically, that if he resumes the use of cannabis his psychotic symptoms will return. His apparent interest in resuming the use of cannabis further substantiates that his recent abstention is externally motivated and symptomatic of his substance use disorder.
For these reasons a Detention Disposition which will include the discretionary privilege of residing in the community, together with the terms and conditions identified at page 26 of Exhibit 1 as well as a no contact provision vis-à-vis the victims of the index offences.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Scott-Wright poses to the safety of the public while still meeting his needs, is a Detention Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Ali 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, Mr. Scott-Wright ’s mental condition, his reintegration into society and other needs.
DATED this 6th day of May, 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
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Office of the Registrar
Ontario Review Board