Ontario Review Board
Re: Andre Ducic
ORB File No: 8689
Hearing held on: Tuesday, April 1, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.47(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: Andre Ducic | Counsel: Mr. R. Wills Person in charge of the hospital: Representative Dr. A. Alabi Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated May 5, 2025)
Introduction
1On December 13, 2024, Andre Ducic was found not criminally responsible on account of mental disorder (NCR) on two counts of criminal harassment, contrary to the Criminal Code of Canada. The Court declined to make a disposition and remitted the matter for a hearing before the Ontario Review Board (ORB/the Board). Mr. Ducic has remained at the Ottawa Carleton Detention Centre.
2On April 1, 2025, the Board convened for an initial hearing pursuant to s. 672.47(1) of the Criminal Code to determine whether Mr. Ducic represents a significant threat to the safety of the public, and if so, the necessary and appropriate disposition. Mr. Ducic was present and represented by his counsel, Ms. Wills. Mr. Ducic’s parents also were in attendance.
3At the outset of the proceedings, the parties were canvassed as to their initial positions on the issues to be determined by the Board. Dr. Alabi, on behalf of the hospital, submitted that Mr. Ducic poses a significant threat to the safety of the public and that the necessary and appropriate disposition is an order detaining Mr. Ducic 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 enter the community of Ottawa, accompanied by staff or a person approved by the person in charge. Dr. Alabi indicated that prohibiting substances and weapons also could be appropriate. Although he was not aware of any previous problematic substance use or use of weapons, Dr. Alabi had yet to gather all available reports. Dr. Alabi also submitted that a condition prohibiting communication with the victim was necessary and appropriate.
4Ms. Dufort, on behalf of the Ministry of the Attorney General, agreed with the hospital’s position that Mr. Ducic represents a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order. She also agreed with the conditions outlined in the Hospital Report that recommended accompanied passes in the community. Ms. Dufort indicated that she would have questions relating to any privileges allowing for the ability to reside in the community. Further, Ms. Dufort asked the Board to consider adding conditions prohibiting Mr. Ducic from contacting the victim and not to attend the locations where she is known to work, live and go to school.
5Ms. Wills specifically conceded the issue of significant threat. Ms. Wills indicated that Mr. Ducic also agreed with the hospital’s positions and took no issue with the proposed non-communication and non-attendance conditions. She indicated that Mr. Ducic has no history of substance use, aggression or using weapons and, therefore, those conditions are neither necessary nor appropriate. When asked about approved accommodation, Ms. Wills indicated that the priority is to have Mr. Ducic transferred to the hospital as quickly as possible and begin to take steps toward reintegration into the community. The hope is that his reintegration will culminate with him back residing with his family, recognizing that there may be an initial requirement for living in a supervised residence.
Findings
6For the reasons that follow, the Board finds that Mr. Ducic poses a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order with the ability to reside in supervised accommodation. There will be a condition that he not be in possession of any weapon. Further, Mr. Ducic shall not have contact with the victim and not be within 100 meters of where the victim lives or works. The Board declines to order a condition requiring Mr. Ducic to abstain from substances or to submit samples of his breath or urine for testing.
The Evidence
7The evidence at the hearing consisted of the Hospital Report, dated March 17, 2025 (ex. 1), and the viva voce evidence of Dr. Alabi.
The Index Offences
8A summary of the index offences has been taken from the Hospital Report, at pp. 2-3:
The accused, Ducic, met the victim, Rachel Kozlowski (a professor at the University of Ottawa) at a coffee shop few months prior to Ducic being charged. At the time they met, they had a conversation and exchanged telephone numbers. As they kept communicating with each other, Ducic started talking about bizarre conspiracy theories, which Kozlowski did not agree with. As a result, she stopped communicating with him.
Ducic in turn became angry with Kozlowski and left negative reviews on Ratemyprof. He also stated that “he had put someone in the hospital for her and that she could be gang raped”. None of these statements were based in fact but a rather a reflection of his state of mind.”
Following this, Ducic engaged in a pattern of harassment which included him contacting the victim’s other employer at Little Victories coffee shop, demanding to speak with her, and waiting outside the building she taught at U of O.
The victim blocked all forms of communication with Ducic and changed her phone number. The accused’s harassment became so frequent that she was forced to leave her job at Little Victories coffee shop.
On September 25th, 2024, Ducic attended U of O campus and waited for Kozlowski to finish teaching her class. After finishing work, Kozlowski saw Ducic outside and demanded him to leave. “As she went inside to grab her belongings Ducic stood in the doorway to prevent her from leaving. Kozlowski had to push past Ducic to leave. She subsequently went to the campus security office to report him.”
On September 30th, Ducic was observed on the U of O campus, sitting outside of the victim’s office. Unbeknownst to DUCIC Ottawa University security had conducted safety planning, which included moving the victim from the building she taught at.
On October 2nd, Ducic was arrested on the 4th floor of the STEM building. When placed under arrest he made the inculpatory statement of "she is my head-tether, without her I have no will to live".
Background Information
9The Hospital Report contains details and information relating to Mr. Ducic’s background and psychiatric history and need not be reviewed beyond the following material details. Mr. Ducic is a 25-year-old single man who was born and raised in Ottawa. He excelled academically and completed a program in marketing and business program at Ottawa University. At the time of the index offences, he was residing with his parents. He has played video games professionally and has had some employment doing marketing jobs. There is no history of substance use, and he has no criminal record.
10Mrs. Ducic reported that her son first exhibited symptoms of a mental illness in 2020. He had difficulty concentrating and spent more time playing video games and neglected his studies. Mr. Ducic began to send irrational and nonsensical messages to friends. She and her husband also noted that their son was unable to have rational communication with them. At the time, Mr. Ducic also was depressed, having poor sleep, and spoke of wanting to end his life. He began to talk about people coming after him and would refer to characters in the video games he was playing.
11Mr. Ducic’s parents took him to Ottawa General Hospital where he was admitted, initially on a Form 1, and then voluntarily. He was prescribed olanzapine and achieved stability quickly. After three weeks, he was discharged with a diagnosis of Psychosis, Rule out Schizophrenia. Mr. Ducic was followed by Dr. Brandigampola with the On Track: First Episode Psychosis Program. After a year of treatment, his doctor stopped all medications, and Mr. Ducic was discharged from the program.
12Mr. Ducic’s mother reported that sometime in January 2024, her son’s mental health deteriorated. He had become increasingly suicidal. He was taken to the Ottawa General and again admitted pursuant to a Form 1. He was discharged after three days.
13Since his arrest, Mr. Ducic has remained at the Ottawa Carleton Detention Centre and his parents have noted a further deterioration in his mental health.
14Dr. Alibi was assigned to be Mr. Ducic’s Most Responsible Physician. He met virtually with Mr. Ducic on February 26, 2025, to conduct an assessment of Mr. Ducic’s risk for violence and make recommendations to the Board on a necessary and appropriate disposition.1 On that day, Mr. Ducic expressed multiple nihilistic delusional themes and stated that he would like to have Medical Assistance in Dying (MAID) to end his pain. He advised Dr Alabi that he was being treated with Olanzapine but the medication was not working.
15In Dr. Alabi’s opinion, Mr. Ducic presented with active symptoms of psychosis and multiple delusional beliefs which was consistent with a diagnosis of Delusional Disorder or Schizophrenia. Further assessments are required to clarify the appropriate diagnosis and appropriate treatment.
16Dr. Alabi testified before the Board. He advised that Mr. Ducic is currently floridly psychotic and has not been compliant with medication while at the detention centre. Dr. Alabi testified that, once Mr. Ducic is admitted to hospital, the treatment team will need to assertively manage his psychosis. Although Mr. Ducic has been identified as a priority for transfer to the hospital, no date could be provided as to when that transfer will occur.
17In response to questions from Ms. Dufort, Dr. Alabi indicated that he currently has no influence over Mr. Ducic’s care as he will not be his treating psychiatrist until Mr. Ducic is admitted to hospital, likely in the Forensic Assessment Unit. Once that transfer occurs, a review of his medications will be initiated and his medication optimized.
18Dr. Alabi testified that it is hard to say whether Mr. Ducic could be discharged back into the community within the next year. It is hard to know how Mr. Ducic will respond to medications, how long it will take to optimize his medications, and whether he will consent to treatment. In his opinion, it is premature to include community living in Mr. Ducic’s disposition. Further, Dr. Alabi indicated that he did not foresee giving permission for the exercise of indirectly supervised privileges in the community within the next year.
19In response to questions from Ms. Wills, Dr. Alabi testified that the hospital’s bed management committee meets every week. They make placement decisions during that meeting. He indicated that the wait list was fluid as there were others who may require immediate admission. The committee reviews each case and makes decisions accordingly.
20When asked about the possibility of an inclusion of 24-hour supervised accommodation, Dr Alabi indicated that he couldn’t comment as a full functional assessment would be required. He reiterated that he would not support full access to the community in Mr. Ducic’s disposition as there needs to be a gradual integration into the community that is tested over time. Dr Alabi testified that he did not recommend including passes that would enable Mr. Ducic to spend weekends with his family. The doctor stated again that a full comprehensive assessment was required in order to inform next steps in Mr. Ducic’s treatment.
21In response to questions from the panel, Dr. Alabi indicated that he had not obtained Mr. Ducic’s past records and he relied heavily on the NCR assessment report to complete the Hospital Report. He did not access prior reports, for example from the On Track program. Dr. Alabi agreed that there was no known history of substance use but he would wait to obtain more historical information. In his opinion, the condition allowing for testing was necessary and appropriate.
22Dr. Alabi could not provide any information as to how often Mr. Ducic currently was being seen by a psychiatrist at the detention centre. He indicated that there are two forensic psychiatrists from ROH who provide care at the detention centre. Dr. Alabi has had one conversation with them about Mr. Ducic’s care since he was assigned to become Mr. Ducic’s Most Responsible Psychiatrist. Dr. Alabi testified that the doctors who are currently treating Mr. Ducic at the detention centre are present at the weekly bed management meeting and are advocating for Mr. Ducic’s transfer to hospital.
23Dr. Alabi was asked if he would meet with Mr. Ducic’s parents following the meeting in order to start the process of obtaining a history of Mr. Ducic’s care. The doctor indicated that he required permission to speak with them. Mr. Ducic is currently not his patient. Dr. Alabi testified that, once a disposition was ordered, the team “would swing into action”.
Submissions
24Dr. Alabi submitted that there was no issue that Mr. Ducic poses a significant threat and that the necessary and appropriate disposition is a detention order. In his submission, the conditions recommended by the hospital were necessary and appropriate. More information needs to be obtained and more assessments need to be conducted before allowing for greater access to the community. He requested the Board include a condition that Mr. Ducic be required to submit samples for testing.
25Ms. Dufort agreed that a detention order was appropriate. Mr. Ducic needs to be in hospital in order to optimize his medication, which hopefully will be very soon. She agreed with the recommended conditions included in the Hospital Report as adopted by Dr. Alabi. She asked the Board to also include conditions that Mr. Ducic have no contact with the victim and not to attend places where she lives, works and goes to school, including the STEM building at the University of Ottawa and the coffee shop Little Victories. Ms. Dufort indicated that there was no evidence that substance use played a role in the index offences and there is no history of problematic use. In her submission, conditions relating to substance use are therefore not necessary or appropriate. In terms of a condition allowing for community living, Ms. Dufort submitted that it is appropriate and queried whether it was better to ask for an early hearing or include the condition knowing that the discretion to allow for community living would always reside with the hospital. With respect to a weapons prohibition, Ms. Dufort pointed out that a conviction for criminal harassment attracts a mandatory prohibition for 10 years under the Criminal Code. In this case, there is no evidence a weapon was used. As a result, Ms. Dufort indicated she would leave that decision to the Board.
26Ms. Wills submitted that the focus for Mr. Ducic is to be transferred to the hospital as soon as possible. Mr. Ducic is clearly vulnerable and struggling at the detention centre. In her submission, there is no basis for the Board to order conditions that Mr. Ducic abstain from substances and to provide samples. Ms. Wills takes no position with respect to a weapons prohibition. With respect to community access, the position taken by the hospital is based on a lack of information at this time. Some of that information would be available to the treatment team today if they met with Mr. Ducic’s parents. In her submission, the conditions should be included now knowing that the ultimate approval as to the form of access will remain with the hospital and the treatment team.
27At the conclusion of the hearing, Mr. Ducic’s mother addressed the panel. She told of her son’s deterioration while in the detention centre. He has been assaulted twice. He currently is being treated with a low dose of olanzapine which causes him to be sleepy. She reminded the Board that in 2021, Mr. Ducic was assessed, treated and discharged. She and her husband are frustrated and are clearly worried about their son. They are eager to cooperate with the treatment team. The Board encourages Dr. Alabi to meet with them as soon as possible and include them in Mr. Ducic’s ongoing treatment plans.
Analysis and Conclusion
28The Board has carefully considered the Hospital Report and the evidence of Dr. Alabi and unanimously concludes that Mr. Ducic represents to represent a significant threat to the safety of the public. In making that determination, the Board has analyzed the evidence having regard to the Supreme Court of Canada’s decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. 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.
29Mr. Ducic has a diagnosis of a serious mental disorder which is consistent with Delusional Disorder or Schizophrenia. When in the community, Mr. Ducic repeatedly engaged in a pattern of harassment and aggression towards the victim, causing the victim to fear for her safety and causing significant psychological harm. Mr. Ducic currently presents as floridly psychotic and continues to endorse multiple delusional beliefs. As such, he represents a significant threat to the safety of the public.
30Having found that Mr. Ducic represents 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. The Board is permitted to impose only conditions that are both necessary and appropriate, given the twin goals of protecting the public and safeguarding the NCR accused's liberty interests. (Mazzei v. British Columbia (Director of Adult Forensic Psychiatric Services), 2006 SCC 7, [2006] 1 S.C.R. 326, at para. 19; Winko, at pp. 669-70.)
31The Board unanimously agrees that the necessary and appropriate disposition is a detention order. Mr. Ducic has been incarcerated since his arrest. By all accounts his mental health has deteriorated. It is crucial that he be transferred to the hospital so that his medication can be optimized and his mental status stabilized.
32Dr. Alabi requires a fulsome history and functional assessments to best plot Mr. Ducic’s recovery and reintegration into the community. Understandably, without that information Dr Alabi is reluctant to give any assurances that Mr. Ducic’s risk while in the community can be managed by the hospital. Having said that, if the appropriate assessments and information are obtained, there remains the possibility that Mr. Ducic will be in a position to exercise passes in the community. Whether or not he is able to transition to living in the community remains in doubt.
33The Board finds that the Mr. Ducic should be given the broadest range of privileges in keeping with the hospital’s ability to manage his risk to the public. The Board is mindful that the discretion to approve any access to the community will remain with the hospital. As more information becomes available, Mr. Ducic’s treatment and path to recovery will be identified. When Mr. Ducic was last treated in hospital, he appeared to have regained his mental stability relatively quickly and was discharged after three weeks. By all accounts, Mr. Ducic is anxious to be transferred to the hospital and there is no evidence that he will not work cooperatively with the treatment team. Therefore, the Board finds that conditions allowing for access to the community, including the possibility of Mr. Ducic residing in supervised accommodation, are necessary and appropriate.
34The Board also finds that conditions prohibiting contact with the victim and access to places she frequents are necessary and appropriate. Further, there will be a condition prohibiting Mr. Ducic from possessing any weapon as defined by the Criminal Code. While no weapon was used in the index offences, nonetheless criminal harassment is a crime of aggression which in this case was directed specifically towards the victim and caused her to fear for her safety. In addition, Mr. Ducic has endorsed suicidal thoughts and a desire to access MAID. The Board is required to consider Mr. Ducic’s mental condition in the determination of necessary and appropriate conditions. As such, a weapons prohibition shall be included.
35Finally, the Board declines to include any conditions relating to substance use. Mr. Ducic has no known history of problematic substance use and there is no evidence that substances played any role in the index offences.
36On a final note, the Board urges Dr. Alabi to work on gathering relevant information now, as opposed to waiting until Mr. Ducic is admitted to hospital. The On Track records, health records from the detention centre and, crucially, information from Mr. Ducic’s parents could be obtained and perhaps inform the team as to an appropriate treatment plan, pending the completion of more fulsome assessments.
DATED this 5^th^ day of May 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson
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Office of the Registrar Ontario Review Board