Ontario Review Board
Re: Peter J. McArthur
ORB File No: 6902
Hearing held on: Wednesday, April 2, 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: Peter J. McArthur Counsel: Ms. C. Francis (via Zoom)
The person in charge of hospital: Representative: Ms. T. Newman
Attorney General of Ontario: Counsel: Mr. D. Chronopoulos (via Zoom)
REASONS FOR DISPOSITION
(Dated May 6, 2025)
Introduction
[1]. Peter James McArthur, age 65, was on January 20, 2016, found not criminally responsible on account of mental disorder on a charge second-degree murder, contrary to the Criminal Code.
[2]. Mr. McArthur is presently detained at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs with privileges up to and including hospital grounds privileges beyond the secure perimeter, escorted by staff.
[3]. Mr. McArthur chose not to appear arising out of anxiety. This has happened before. His counsel, Ms. C. Francis, had instructions. An order was granted permitting him to be absent.
[4]. Exhibit 1 was the Hospital Report dated March 5, 2025. All parties agreed that significant threat was present and that the current Disposition and its terms continued to be appropriate.
Index Offence and Background
[5]. “On November 15, 2013, Mr. McArthur was sitting on a bench in downtown North Bay. An acquaintance sat beside him on the bench, and after a few moments, Mr. McArthur stabbed the man causing his death. Mr. McArthur stated at the time that the victim was transmitting thoughts that would destroy Mr. McArthur’s soul and cause his death.
[6]. In 1981, Mr. McArthur killed both his parents. He was found not guilty by reason of insanity and diagnosed with paranoid schizophrenia.
[7]. He was detained in the hospital, first at Penetanguishene and then at North Bay, until 1995. Between 1995 and 2000, Mr. McArthur lived in the community with periodic readmissions to the hospital in North Bay. He married in 2004 and was given an Absolute Discharge in 2005.
[8]. Following the Absolute Discharge, he returned to substance abuse, which included marijuana, morphine, cocaine, and prescription opiates. The Hospital Report indicates that Mr. McArthur did not consistently attend meetings to receive his injectable antipsychotic medication.
[9]. His mental condition deteriorated with substance use, and he was hospitalized on occasion with symptoms of psychosis. In 2010, he was charged with assaulting his wife. In 2011, he was admitted to the Centre for Addiction and Mental Health and noted to be grossly psychotic and paranoid.
[10]. Mr. McArthur is diagnosed with Schizophrenia, Substance Use Disorder in Remission in a Controlled Environment, and Antisocial Personality Disorder.
[11]. Mr. McArthur has done well at Waypoint. He resides on the Beausoleil Program, one of the least structured programs within the High Secure Provincial Forensic Programs.
[12]. He is described as co-operative, has a positive attitude, and engages regularly with staff and peers.”
Evidence at Hearing
[13]. Dr. J. Van Impe, the patient’s psychiatrist, testified that significant threat continued to be present as summarized on pages 125 to 128 of the Hospital Report.
[14]. Dr. Van Impe noted that the patient does well at Waypoint. He is in the Beausoleil unit, the least restrictive setting in that hospital. He is among a small number of patients who have neurocognitive issues. In the doctor’s view, Mr. McArthur would do very poorly in a less secure forensic hospital.
[15]. This year, Mr. McArthur stopped employing his walker in an aggressive manner to confront others. That small improvement may be the product of age, health issues and knowing many of the other patients well. It is possible that there may have not been any triggers that would have given rise to using his walker aggressively.
[16]. The number of antipsychotic medications has decreased from three to two. He is compliant with his medication.
[17]. Mr. McArthur participates in vocational activities. He has just started a cooking class.
[18]. In Dr. Van Impe’s view, the patient is much better off at Waypoint than at another forensic hospital. He very much wants to stay at Waypoint. If he were to be ordered to move, he would probably act out, necessitating cancellation of any proposed transfer. If transferred, he would act out in the new institution necessitating seclusions. A question was asked about the ability of Waypoint to accommodate its aging patients. Dr. Van Impe replied that there are discussions currently underway by hospital administrators regarding the challenge of the aging patient population. at Waypoint.
[19]. In Dr. Van Impe’s view, there is no other facility that could possibly cater to Mr. McArthur’s physical needs and his ongoing potential to quickly escalate to aggression. Dr. Van Impe sees this patient staying at Waypoint for the duration of his life.
Analysis
[20]. The Board had before it a joint submission which appears justified and reasonable. Significant risk is made out in the Hospital Report. Mr. McArthur wants to be at Waypoint, has adapted to it, and is well known by staff. The current Disposition continues to appropriately manage the real risk that is present. We wish Mr. McArthur well.
DATED this 6th day of May 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board