Ontario Review Board
Re: James M. McFarlane
ORB File No: 7703
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: James M. McFarlane Counsel: Ms. C. Francis (via Zoom)
The person in charge of hospital: Representative: Ms. T. Murdock
Attorney General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DISPOSITION
(Dated May 6, 2025)
On March 11, 2020, James M. McFarlane was found not criminally responsible on account of mental disorder on charges of forcible entry, mischief - not exceeding five thousand dollars, assaulting a peace officer, false reporting an offence has been committed and failure to comply with probation order, contrary to the Criminal Code of Canada (the “Criminal Code”).
Mr. McFarlane is subject to a Disposition of the Ontario Review Board (the “Board”) dated April 23, 2024, which orders that he be detained at the Brébeuf Program for Regional Forensics of the Waypoint Centre for Mental Health Care, Penetanguishene (“Waypoint” or the “Hospital”), with privileges up to attend a residential addiction treatment program located in the Province of Ontario, with indirectly supervised privileges for the purpose of attendance at such a program.
On Tuesday, April 1, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Mr. McFarlane was in attendance and was represented by his counsel, Ms. Francis.
Position of the Parties
- Ms. Murdock, on behalf of the Hospital, recommended no change to Mr. McFarlane’s current Disposition. This position was supported by Ms. Armenise, on behalf of the Attorney General. Ms. Francis stated that her client also agreed with the Hospital recommendation and was waiving the issue of significant threat.
Background and Index Offences:
Mr. McFarlane’s personal, legal and psychiatric history are set out in the Hospital Report dated February 13, 2025. Briefly summarized, Mr. McFarlane is 38 years old and he and his two younger siblings were raised by his parents in a stable home in North Bay. His mother was a teacher and his father was a manager with the Ministry of Corrections. He was diagnosed with ADHD when he was six years old and was treated with Ritalin. Apparently, his father had been diagnosed with Bipolar Disorder. His father was his primary personal support person and his substitute decision maker (“SDM”) until he took his own life in 2022.
Mr. McFarlane attended Nipissing University, in a psychology program, but he left after his first year. He also failed to complete music studies that he enrolled in while residing in Kingston, Ontario. At some point, he completed a welding program in Sudbury, Ontario. Mr. McFarlane has never been married and he has no dependants.
Mr. McFarlane’s current diagnoses are:
- Schizoaffective disorder - bipolar type;
- Amphetamine Use Disorder (moderate in early remission); and
- Cannabis Use Disorder (moderate in early remission).
The circumstances of the index offences are taken from last year’s Reasons for Disposition, as follows:
"On January 3, 2017, Mr. McFarlane was on a court ordered probationary period when he forcibly entered a female’s apartment. He left the apartment after she threatened to call police. He was apprehended and taken into custody. Later that day, he struck a police officer and spat in his face. Mr. McFarlane knew that he was Hepatis C positive at that time.
Further, on July 22, 2019, Mr. McFarlane called 911, gave a false name and reported that apparently a child and three others were being held hostage by a man with a gun. Police attended and began preparing for a hostage situation. After further investigation, it was revealed that Mr. McFarlane had called 911 multiple times in a similar nature, all of which indicated that Mr. McFarlane had made false calls to police."
Evidence at Hearing:
The evidence at the hearing consisted of the Hospital Report dated February 14, 2025 as well as the testimony of Dr. Jones. Mr. McFarlane also addressed the Board.
Mr. McFarlane is described in the Hospital Report as follows:
"Mr. McFarlane committed his index offence while actively psychotic. He has a lengthy history of psychotic mental disorder dating back to his early teen years. His current diagnosis is Schizoaffective Disorder. He has had multiple admissions to hospital over the years, due to relapse of symptoms of his mental disorder. If Mr. McFarlane becomes increasingly psychotic, his risk to the public will increase also. Mr. McFarlane’s history of repeated non-compliance with psychiatric medication has contributed to the unstable course of his illness. Mr. McFarlane has been deemed Incapable to Consent to Treatment and his mother is his SDM. At this time, he receives a long-acting injection of Aripiprazole, Clozapine supervised by staff (or a community pharmacy while out of hospital), and liquid Valproate. Ensuring medication compliance in hospital is a challenge and will pose an even greater challenge in the community."
Ms. Murdock called Dr. Jones to give evidence on behalf of the Hospital. The doctor agreed with the contents of the Hospital Report including the recommendation to the Board.
Dr. Jones informed the Board that Mr. McFarlane continued to live in an apartment with the Transitional Rehabilitative Housing Program (TRHP) in Midland. Mr. McFarlane has required assistance with housekeeping but was trying to take better care of his apartment in recent months. He attends a local Shoppers Drug Mart each night to receive his medication. There had been some noise complaints about Mr. McFarlane playing music to loudly in his unit but again this had improved leading up to the hearing date.
Mr. McFarlane has a good relationship with his mother and she has decided to move to Midland to be closer to her son. Mr. McFarlane has agreed to help his mother with her move.
Mr. McFarlane has limited insight into the effects that substance and alcohol use have on his mental health. In August 2024, Mr. McFarlane used alcohol and cocaine and had to be re-admitted into the Hospital. He did not admit to any substance use until the Hospital received bloodwork that was positive for these substances. In fact, Mr. McFarlane was deliberately misleading to the Hospital about his usage.
Upon reflection, the entire episode began in early August when Mr. McFarlane consumed energy drinks that had a high caffeine content. He presented at the Hospital with an elevated mood and active psychosis symptoms. Eight days later, he tested positive for alcohol. Then later in August, Mr. McFarlane tested positive for cocaine. Dr. Jones opined that the energy drinks impacted Mr. McFarlane’s judgement and impulsivity and this led to his drinking alcohol and ultimately to cocaine use.
Mr. McFarlane has told Hospital staff that he has made up his mind and that he will abstain from drug use. Dr. Jones stated that it was a bit simplistic for someone with Mr. McFarlane’s long history of use to simply decide to stop. It would likely require support to stop using. At the pre-conference hearing, Mr. McFarlane stated that he would not use drugs but wanted to be able to drink beer and he noted that it is legal to drink alcohol. Dr. Jones stated that the Hospital is not supportive of alcohol use for Mr. McFarlane. She noted that the incident in August had started with a perfectly legal energy drink but it had progressed to a more concerning substance use. She has also cautioned Mr. McFarlane about his caffeine intake as a result of the August incident. Dr. Jones stated that energy drinks, even though they are legal, are stimulants and can have negative effects on people with bipolar symptoms. She noted that Mr. McFarlane is especially susceptible to the impacts of energy drinks and alcohol
The Hospital also recommended that Mr. McFarlane’s accommodation remain approved by the Hospital as he has indicated an interest in living elsewhere. The Hospital is not supportive of a move for Mr. McFarlane at this time. The TRHP staff have been working with Mr. McFarlane on his life and personal care skills. The staff have also been able to monitor his mental health status as they see him every day. This adds to Mr. McFarlane’s success in community living.
Ms. Francis asked the doctor about the next steps for her client. Dr. Jones said that the Hospital was supportive of Mr. McFarlane obtaining employment.
Mr. McFarlane has clearly stated that he is not interested in attending residential treatment programs to deal with his substance use. The Board asked Dr. Jones if there was any utility to having a condition permitting residential treatment in Mr. McFarlane’s Disposition. Dr. Jones encouraged the Board to keep this condition in the event that he were to relapse in the future. The Hospital would like to be able to recommend this treatment option to him.
Mr. McFarlane also provided evidence at the hearing. He stated that it had been a long time since his relapse and that he had no wish to do drugs. He also informed the Board that he very much appreciated his living circumstance and the team that was working with him.
Final Submissions:
- The Hospital and Crown relied on their opening positions at the conclusion of the hearing. Ms. Francis stated that her client would contact her throughout the year to let her know how he was doing. He has told her that he really does not want to use substances. He really appreciates his doctor, his team, and his housing. It is very important to Mr. McFarlane that he not lose his housing and he is grateful to his team for the help they have provided to him to maintain his housing during the last year.
Findings of the Board:
- The Board unanimously finds that Mr. McFarlane 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 Mr. McFarlane continues to pose a significant threat. The Board also relies on the Hospital Report and the February 14, 2025, which notes the following:
"If Mr. McFarlane is non-compliant in taking his psychiatric medication, it is likely that he will quickly relapse into worsening symptoms of psychosis and then pose an increased risk to the public.
Mr. McFarlane tends to not be forthcoming in reporting symptoms of mental disorder. Observation of his mental status is an important part of monitoring his level of symptoms and risk posed. If Mr. McFarlane were to experience a worsening of symptoms, it is doubtful that he would take the initiative to contact the team to report same. As he gets more freedoms, it will be important to have ongoing observation of his progress.
Mr. McFarlane also has a lengthy history of substance abuse. He has provided inconsistent information regarding whether he was using substances at the time of the index offence. Use of substances can increase risk of relapse of psychosis and thereby increase risk of recidivism. Substance use can also increase risk of criminal recidivism independent of its effect on mental disorder. Over the past year, Mr. McFarlane relapsed into substance use and was not forthcoming with staff regarding substance use. In fact, he provided false urine samples to evade detection of his use."
- The Board finds that the necessary and appropriate and least onerous and least restrictive Disposition is a continuation of the current Detention Order. Mr. McFarlane has been able to retain his accommodations in Midland despite a relapse into alcohol and drug use and a subsequent return to Waypoint. The Board agrees with the following assessment from the Hospital Report:
"Absent ongoing treatment, mental health supports, and legally mandated abstinence from substances, it is anticipated that Mr. McFarlane would quickly show worsening of his psychosis and the consequent return of previous behaviours. It is the unanimous recommendation of the treatment team that a Detention Order along with close monitoring/supervision is required to manage his risk at present."
- In making this Disposition, the Board carefully considered the joint position of the parties, the evidence of Dr. Jones, Mr. McFarlane’s testimony and the contents of the Hospital Report and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of sections 672.54 and 672.5401 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. McFarlane’s mental condition and his reintegration into society and other needs.
DATED this 6th 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