Re Lillian Dillon, 2025 CanLII 42644

Ontario Review Board

Re: Lillian Dillon

ORB File No: 6755

Hearing held on: Tuesday, April 1, 2025

Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. K. Hand Dr. G. Kerry Ms. M. Chamberlain Mr. J. Cyr

Parties Appearing: Accused: Lillian Dillon Counsel: Mr. V. Zenobio

The person in charge of hospital: Representative: Ms. T. Newman

Attorney General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated May 6, 2025)

1. On April 30, 2015, Lillian Dillon was found not criminally responsible on account of mental disorder on a charge of utter a threat to burn, destroy or damage a property, contrary to the Criminal Code of Canada (the “Criminal Code”).

2. Ms. Dillon is subject to a Disposition of the Ontario Review Board (the “Board”) dated April 13, 2023, which orders that she be detained at the Waypoint Centre for Mental Health Care – Brébeuf Program for Regional Forensics, Penetanguishene (“Waypoint” or the “Hospital”), with privileges up to live in the community within the catchment area of the Waypoint Centre for Mental Health Care, in accommodation approved by the person in charge.

3. On Tuesday, April 1, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Ms. Dillon was in attendance and was represented by her counsel, Mr. Zenobio.

Position of the Parties

1. Ms. Newman, on behalf of the Hospital, recommended no change to Ms. Dillon’s current Disposition. This position was supported by Ms. Armenise, on behalf of the Attorney General. Mr. Zenobio informed the Board that his client did not contest significant threat and was consenting to the Disposition sought by the Hospital. All parties agreed that the review period should be 24 months.

Background and Index Offences:

5. Ms. Dillon was born in Midland, Ontario, the 5th of 7 children. Her mother had schizophrenia and died at 58 years of age. When Ms. Dillon was 2 years old, her mother was admitted to Waypoint and remained there for 28 years. Her father died at age 72 due to prostate cancer in 1980. He was described as an alcoholic who physically abused his wife when she was residing with him. Her father attempted to raise the other children on his own after the mother’s hospitalization.

6. Ms. Dillon attended high school up to Grade 10, but did not graduate. She says that she learned how to raise a family, hairdressing and how to look after herself, and said that her marks were average.

7. Ms. Dillon was married at the age of 25 and has two children from this marriage. She married again in 1992 and has one son from her second marriage. Ms. Dillon does not have any contact with her children.

8. Ms. Dillon’s current psychiatric diagnosis is Schizophrenia.

9. The circumstances of the index offences are taken from the Reasons for Disposition dated May 12, 2023, as follows:

“On December 5, 2014 at 2:55 pm Cst. Paul was assigned by Inspector Wheeldon to Investigate information received about a potential threat to the St. Margaret’s Church in Midland. Information received was that a patient at the Waypoint Mental Health Center with a pending release of Monday December 8, 2014 had threatened to burn down the church.

While investigating, Midland Police received a call from a female patient at Waypoint named Lillian Dillon (formerly Gignac). Dillon, who is diagnosed with mental health issues was responsible for burning down St. Margaret’s Church in the mid 1980’s. Police information is that there was a Not Criminally Responsible verdict at trial. Dillon has been receiving clinical treatment at Waypoint since the occurrence.

Dillon spoke with Cst. Paul and disclosed that she has a pending release from Waypoint on December 8, 2014 and the release is against her consent. Dillon told Cst. Paul that she hears voices every day that are telling her to burn down the church as well as end her life. Dillon planning to end her life by jumping in front of a moving vehicle and also recalled how she had set fire to the church many years ago. Dillon further advised that she had been assessed by Dr. Shaheed. Dillon claims that Dr. Shaheed believes that she is making up the voices she is hearing.

Dillon is currently being held at the Tonche Building of Waypoint in Level 2 acute assessment.

At approximately 4:15pm Cst. Paul spoke with Anne Marie Marshall and Michelle Forget of Waypoint (705-549-3181 x 2374). Marie is a nurse supervisor and Forget is the director of treatment for the department treating Dillon. Cst. Paul informed Marshall and Forget of the phone conversation that was had with Dillon. Cst. Paul was told that the course of action in this situation would be to have a nurse speak with Dillon about the police contact. Further, police would not be privy to any clinical information in regards to Dillon unless Dillon gave consent for the information to be released. Although Cst. Paul was not told for certain, it appeared that even with Dillon’s call to police her release was still to be December 8, 2014 unless a doctor deems Dillon an imminent danger in the interim.

Cst. Paul informed Marshall and Forget that should Dillon be released on December 8, 2014 and there be police contact, Dillon’s mental health would be assessed by police and a possible apprehension if it was necessary. Contact at Waypoint Monday to Friday will be Anne Marshall at ext. 2374 and will be a supervising nurse at ext. 2363 for weekends.

After speaking with Marshall and Forget Cst. Paul received a second call from Dillon. Dillon was curious as to what was being done about her release. Cst. Paul informed Dillon that a nurse would be in contact. Dillon also promised Cst. Paul that if she is released on Monday and still hears voices she will contact police immediately.

At approximately 5:00pm Cst. Paul spoke with Father McLenaghen of St. Margaret’s Church and informed him of the potential threat.

Although dated, a police mug shot from 1987 is being made available to Father McLenaghen on December 6, 2014. Sgt. Disano to follow up with Father McLenaghen.”

Evidence at Hearing:

1. The evidence at the hearing consisted of the Hospital Report dated February 13, 2025 as well as the testimony of Dr. Jones.

2. Ms. Newman called Dr. Jones to give evidence on behalf of the Hospital. The doctor confirmed that she had read and was in agreement with the Hospital Report and its recommendations.

3. Dr. Jones informed the Board that the Hospital continued to make efforts to encourage Ms. Dillon to move to a community placement during the last reporting period with limited success. Sometimes Ms. Dillon would be open to a move but then she would change her mind. Ms. Dillon has informed her treatment team that she is concerned that she would re-offend or self harm if released from the Hospital. Ms. Dillon has expressed that she feels safe in her current Hospital program.

4. The Hospital recommended a 24-month review period as progress has been slow for Ms. Dillon. The next step for her would be to move to community living. The Hospital will work with her to see if she can achieve this goal; however, it seems unlikely to occur quickly. Hospital staff have offered to tour community placements with Ms. Dillon to assist her to overcome her anxiety about a move, however, this has never been accepted. If there were to be significant progress in this area, the Hospital could always ask for an early review.

5. Ms. Dillon is well managed in her current unit of the Hospital. She rarely exercises privileges to go into the community due to her anxiety. The treatment team has tried to support her to take trips into the community and she has attended for the odd trip to go shopping but generally, she is unwilling to venture off of the Hospital grounds.

6. Dr. Jones informed the Board that the Hospital will be increasing Ms. Dillon’s Clozapine as her current levels are a bit low. It is possible that the increase will have a positive effect on her anxiety. Ms. Dillon had been on a higher dose of Clozapine but it was decreased last year due to medical issues. When Ms. Dillon was on a higher dose, there was not much difference in her symptoms than what the Hospital is seeing now. The planned increase could help with Ms. Dillon’s anxiety but Dr. Jones cautioned that it might not lead to a noticeable improvement.

7. When asked if Ms. Dillon had any interests that could be used to encourage her to go into the community, the doctor noted that religion is very important to her. Unfortunately, Ms. Dillon has anxiety about going into churches as she is worried that she will re-offend. Ms. Dillon does meet with the Hospital chaplain and finds this meaningful. Dr. Jones agreed with the Board that perhaps the chaplain could discuss with Ms. Dillon her feelings of guilt around her index offence and provide some level of spiritual forgiveness to her.

8. Dr. Jones stated that Ms. Dillon’s anxiety about going into the community seems to arise from a general fear of going to unfamiliar places. She also has anxiety about re-offending, something she clearly does not want to do. The doctor agreed that a strong relapse prevention program may be of assistance to Ms. Dillon.

9. At the conclusion of the hearing, Ms. Dillon stated that she would like to live with people her own age and help people find Jesus.

Findings of the Board:

1. The Board unanimously finds that Ms. Dillon 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. Jones that Ms. Dillon continues to pose a significant threat. The Board also relies on the Hospital Report, which notes the following:

“Ms. Dillon has generally been compliant with treatment and follow up over the years, with a few exceptions. If Ms. Dillon became inconsistently compliant with her treatment, she would be at increased risk of relapse of schizophrenia and thereby pose an increased risk to the community. Even with full compliance with medication, close follow up will be necessary to monitor her mental status and the risk which flows from symptoms of mental disorder. Ms. Dillon was tried on self-medication (years ago) and she repeatedly insisted that she could not manage it. Efforts to teach her self-medication were eventually abandoned.”…

“It is anticipated that transitioning Ms. Dillon into the community will be stressful for her and stress is known to increase risk of psychotic relapse. It was during the discharge process from a non-forensic psychiatric unit that Ms. Dillon committed the index offence. When the topic of community living options is raised, Ms. Dillon generally speaks of thoughts of suicide or arson.”

1. The Board notes that Ms. Dillon does not want to re-offend and this anxiety makes her less able to leave the Hospital. The Board would encourage the Hospital to work with its chaplain who could provide Ms. Dillon with some kind of spiritual forgiveness. Ms. Dillon could also benefit from a relapse prevention program to limit the likelihood of re-offending in the future.

Conclusion

1. The Board unanimously determines that the necessary and appropriate Disposition required to manage the threat that Ms. Dillon poses to the safety of the public while still meeting her needs, is a Detention Disposition with the existing conditions.

2. In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Jones 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, Ms. Dillon’s mental condition, their reintegration into society and their other needs.

DATED this 6^th^ day of May 2025, at the City of Toronto, in the Toronto Region.

Ms. M. Chamberlain Legal Member Office of the Registrar Ontario Review Board