Ontario Review Board
Re: Lamont D. Hunter
ORB File No: 8027
Hearing held on: Wednesday, April 2, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81 (1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. S. Lessard Dr. S. Wiseman Mr. D. Sandor Ms. N. Lemieux-McKinnon
Parties Appearing:
Accused: Lamont D. Hunter Counsel: Ms. S. Dubb
Person in charge of hospital: Representative: Dr. J. Hwang
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated May 5, 2025)
Introduction
On February 9, 2022, Lamont Hunter was found not criminally responsible on account of mental disorder (NCR) on charges of assault peace officer, dangerous operation of a motor vehicle, weapons dangerous and failing to comply with a release order, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board), dated March 18, 2024, detaining him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (ROH/the hospital) with discretionary privileges up to and including the ability to reside in the community in approved accommodation.
On April 2, 2025, the Board convened to conduct the annual review of Mr. Hunter’s disposition pursuant to s.672.81(1) of the Criminal Code. Mr. Hunter was present and accompanied by his counsel, Ms. Dubb.
At the outset of the proceedings, all parties were canvassed as to their initial positions on the issues to be determined by the Board: whether Mr. Hunter continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria in s.672.54 of the Criminal Code.
Dr. Hwang, on behalf of the hospital, submitted that Mr. Hunter remains a significant threat to the safety of the public and the necessary and appropriate disposition is a discharge with conditions, including that he continue to reside at 0911 – 200 Rideau Terrace in Ottawa. Ms. Dufort, on behalf of the Ministry of the Attorney-General, agreed that Mr. Hunter continues to represent a significant threat and indicated she would have questions as to whether the hospital required the ability to approve Mr. Hunter’s accommodation. Ms. Dubb specifically conceded the issue of significant threat and agreed that the necessary and appropriate disposition is a discharge with conditions. She queried whether a requirement that he abstain from substances was necessary and appropriate.
Findings
- For the reasons that follow, the Board finds that Mr. Hunter continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a discharge with conditions including that he continue to reside at his current address, and that he abstain from the non-medical use of alcohol or drugs or any other intoxicant.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated March 13, 2025 (ex. 1) and the viva voce evidence of Dr. Hwang, Mr. Hunter’s treating psychiatrist.
The Index Offences
- The circumstances giving rise to the charges on the index offences are set out in the previous Reasons for Disposition, dated March 20, 2024:
“On March 6, 2021, Mr. Hunter rammed into the back of a marked police vehicle twice. The police officer exited his police car and saw Mr. Hunter walking towards him with a knife in his hand. He ordered Mr. Hunter to drop the knife, but he refused and advanced toward the officer and pursued him around the car, following him around approximately three times before other police units arrived on scene. The arriving officers deployed a conducted energy weapon (taser) twice and physically restrained Mr. Hunter. Mr. Hunter’s actions caused the Constable to experience neck and back pain, and he attended the Scarborough General Hospital where he was medically cleared. Mr. Hunter was also brought to hospital as a precaution.”
Background Information
The Hospital Report contains information about Mr. Hunter’s background and psychiatric history and need not be reviewed beyond the following material details. Mr. Hunter is a 51-year-old single man who lives in an apartment in Ottawa. He is unemployed and supported by the Ontario Disability Support Program (ODSP). His younger daughter lives in Gatineau and his older daughter lives in Montreal.
According to the Hospital Report, Mr. Hunter completed high school and a one-year diploma in mechanics. He has worked as a mechanic and in customer service and sales at a chemical company.
The Hospital Report makes reference to Mr. Hunter’s criminal record1, which includes charges in August 2014 of causing a disturbance and assault police when Mr. Hunter was approaching strangers on the sidewalk and intimidating and threatening them. Police were involved and eventually Mr. Hunter spit towards the officers when he was being arrested. In August 2019, Mr. Hunter was trespassing on CP Winnipeg rail property while carrying a stick that he eventually wielded repeatedly to strike a constable’s head with. He also bit the constable.
During previous hospital admissions, Mr. Hunter has become agitated, requiring chemical and mechanical restraints. During an admission in August 2020, he assaulted 8 individuals and bit two staff.
At the time of the index offences, Mr. Hunter had been living in the North York area. Although Mr. Hunter had housing, he had been living in his car for two or three weeks prior to the events leading to his arrest. During that time, he had been experiencing auditory hallucinations and paranoia in the context of noncompliance with medication. After his arrest, Mr. Hunter was started on antipsychotic medication.
Following the NCR finding, Mr. Hunter was admitted to Ontario Shores Centre for Mental Health. There were no significant management issues throughout his time at Ontario Shores, aside from one instance of cannabis use in September 2022. Mr. Hunter returned from exercising a pass with clear signs of intoxication. No signs of psychotic symptomatology or any sustained change in his mental status was noted.
Mr. Hunter was transferred to Forensic Rehabilitation Unit at the ROH in April 2023. He remained compliant with his medication and engaged well with the treatment team. The main issue for Mr. Hunter was his ongoing cannabis use.
On October 1, 2023, Mr. Hunter was discharged from the hospital to reside at Grove Transitional Housing, a supervised residence in the community. He remained engaged with his treatment team and showed good insight into his mental illness. However, his cannabis use continued. When under the influence of cannabis, he did not exhibit psychotic symptoms, although staff had difficulty having a conversation with him. The staff at the residence were concerned about an increase in use and associated decompensation, as well as the influence his behaviour would have on other residents. When asked about his cannabis use, Mr. Hunter indicated that it was a struggle to try to maintain abstinence and that his cravings were strong.
Course Since the Last Disposition
Mr. Hunter’s current diagnoses are Schizoaffective Disorder, Bipolar type and Cannabis Use Disorder. He receives an injection of Haloperidol, an antipsychotic medication, every four weeks.
Mr. Hunter has continued to show good insight into his mental illness and the need for medication. He has demonstrated an ability to successfully manage his own medication. He has participated in numerous programs and group therapy sessions both through outpatient forensic services and the Grove residence.
Mr. Hunter began meeting with an addiction counsellor on a weekly basis. He has demonstrated good insight into the effect of cannabis on his overall mental health and daily function. Yet he continues to use cannabis. Critically, there has been no emergence of psychotic symptoms. The treatment team has noted his use has been markedly reduced and his motivation has shifted to become internal, rather than resulting from an external prohibition. This has been as a result of Mr. Hunter successfully completing the transitional supportive housing program and the move toward a transition to independent living in the community.
In January 2025, Mr. Hunter transitioned from the Grove Transitional Forensic Home to an independent apartment. He continues to engage in programming both through the forensic program and Grove housing. Mr. Hunter has expressed feeling isolated since moving into his own apartment. In response, Grove staff encouraged him to make a nightly check-in call to ensure he is managing well.
Mr. Hunter continues to be forthcoming with his treatment team about his cannabis use. He remains committed to a goal of abstinence. To that end, he requested an increase in the frequency of his urine tests as a means of holding himself accountable. He has been able to identify that his main trigger for substance use is his social network.
Mr. Hunter continues to receive support from his family. He visited his mother in Montreal twice during the summer of 2024. During his visits, he also met his older daughter. Further, he continued to have close contact with his younger daughter in Gatineau, through phone calls and in-person visits and frequently had meals with his father at his father's house.
Using clinical risk assessment tools outlined in the Hospital Report, Dr. Hwang has indicated that, in her opinion, Mr. Hunter presents as a moderate risk of future violence, namely violence towards individuals he believes to be targeting him while in a psychotic state. The most likely reoffence scenario would be Mr. Hunter developing another psychotic episode in the context of excessive cannabis use and medication non-compliance. The psychotic symptoms could include persecutory delusions and command auditory hallucinations where he would target those who he believes are hurting him, as happened at the time of the index offences.
Dr. Hwang testified before the Board. She reported that although Mr. Hunter is enjoying the freedom that comes with independent living, he also experiences boredom and loneliness. In the past, this has been a trigger for cannabis use. To manage that risk, Mr. Hunter is actively engaged in addictions counselling on a weekly basis.
Dr. Hwang recognized the Grove staff’s concerns about Mr. Hunter’s cannabis use and the worry that his use might increase without the ongoing supervision of the staff at the residence. She noted that Mr. Hunter has a desire to achieve abstinence and to comply with rules which acts as a motivator for him.
Dr. Hwang indicated that Mr. Hunter enjoys his current apartment, and she has no concerns that he may change residences. Grove staff are still providing ongoing care and Mr. Hunter remains engaged in programming.
Dr. Hwang testified that, in her opinion, Mr. Hunter has good insight into his mental illness and would agree to come voluntarily to hospital if requested by the treatment team. She noted that before his previous decompensation he had attended a hospital emergency department asking for help. He has been able to recognize signs of decompensation, such as delusions, which was why he previously attended the hospital on his own initiative.
In response to questions by Ms. Dubb, Dr. Hwang agreed that in the last three months there has been no significant increase in cannabis use. This has coincided with Mr. Hunter’s move to an independent apartment. Although his urine drug screens have tested positive for cannabis, there have been no reports that Mr. Hunter has been severely intoxicated or experienced any changes in his mood. To assist with managing boredom, Mr. Hunter is participating in a forensic vocational group. He will be connected to a forensic vocational therapist who will assist him in searching for appropriate parttime employment.
Submissions
Dr. Hwang submitted that, although Mr. Hunter has done well over the past year by transitioning to independent living, he remains a significant threat to the safety of the public. The hospital is of the opinion that the necessary and appropriate disposition to adequately manage that risk is a discharge with conditions. Dr. Hwang submitted that Mr. Hunter should be subject to a requirement that he continue to reside at his current residence, abstain from substance use and submit samples for testing, not be in possession of any weapon, and report not less than once every two weeks. In her submission, a condition requiring abstinence will be beneficial to Mr. Hunter, will reinforce the importance of abstinence, and will continue to serve as an external motivator to that end.
Ms. Dufort concurred in the hospital’s positions.
Ms. Dubb congratulated Mr. Hunter on a successful year. She agreed that the necessary and appropriate disposition is a discharge with conditions. In her submission the condition that he abstain from substance use is neither necessary nor appropriate. Cannabis has been more of a coping mechanism for Mr. Hunter and the impact of his continued use has not been significant. A number of protective factors have been put in place and, should his use increase, other supports would be available to address the issue.
Analysis and Conclusion
The Board carefully considered the Hospital Report and the evidence of Dr. Hwang and unanimously concludes that Mr. Hunter remains a significant threat to the safety of the public. Mr. Hunter’s risk stems from his diagnosis of Schizoaffective Disorder, Bipolar Type. When unmedicated and/or using substances, he experiences a deterioration in his mental status, similar to the time of the index offences. Historically, psychotic symptoms have included persecutory delusions and command auditory hallucinations compelling him to target those who he believes are hurting him. Cannabis use has exacerbated his psychotic symptoms, yet Mr. Hunter continues to engage in substance use notwithstanding that risk.
Having found that Mr. Hunter continues to represent a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
Since his discharge into the community Mr. Hunter has engaged with both his forensic outpatient treatment team and staff at the Grove residence. He has engaged in programming and his insight into his mental illness and the importance of remaining compliant with medication has been consistently good.
The main significant risk factor for Mr. Hunter remains his ongoing substance use. Staff at Grove noted that he was unable to hold a conversation, and they were concerned about the impact of that use on other residents. They also noted concern that, when in a less supervised environment, Mr. Hunter’s use may increase. This concern is not without basis.
Mr. Hunter appears to recognize the risk associated with cannabis use but nonetheless continues to use. To manage that risk, the forensic team and Mr. Hunter have arranged for ongoing addictions counselling. Further, Mr. Hunter will continue to participate in groups run by both the outpatient clinic and the residence. There also are plans for Mr. Hunter to participate in a Smart Recovery program run by the Canadian Mental Health Association.
The Board finds that the necessary and appropriate disposition is a discharge with conditions. We accept Dr. Hwang’s evidence that Mr. Hunter currently enjoys his apartment and has no plans to move. The apartment is part of the Grove Residence program and Mr. Hunter continues to engage with staff at the facility. As such, a condition requiring him to reside at that address is necessary and appropriate.
We also accept Dr Hwang’s evidence that, if requested by the treatment team, Mr. Hunter would attend hospital for an assessment. As such, the provisions of the Mental Health Act would be sufficient to return Mr. Hunter to hospital in the event of a decompensation in his mental status.
Finally, the Board finds that a condition requiring Mr. Hunter abstain from alcohol and other substances is necessary and appropriate in the circumstances. Mr. Hunter has a long history of substance use and medication non-compliance. He has just recently moved from a highly supervised residence to independent living. It is unknown whether his cannabis use will remain stable or increase. Mr. Hunter has a stated intention of abstaining from cannabis use. This condition will serve to reinforce the importance of that goal and provide an external motivator.
Accordingly, the Board orders that Mr. Hunter be discharged with the conditions that he continue to reside at his current residence, he abstain from substances and submit samples for testing, he not be in possession of any weapons and he report not less than once every two weeks.
DATED this 5th day of May 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson
Office of the Registrar Ontario Review Board