Deron Strachan (Re), 2025 CanLII 42660

Re: Deron Strachan

ORB File No: 6337

Hearing held on: Tuesday, March 18, 2025

Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West

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

Before: Alternate Chairperson: Mr. M. Segal Members: Dr. L. Cappe Dr. G. Nexhipi Mr. D. D’Intino Mr. J. Cyr

Parties Appearing: Accused: Deron Strachan Counsel: Mr. J. Collins

The person in charge of hospital: Representative: Ms. A. Feldstein

Attorney General of Ontario: Counsel: Ms. V. Culp

REASONS FOR DISPOSITION

(Dated May 6, 2025)

Introduction

1On April 2nd, 2013, Deron Strachan was found not criminally responsible on account of mental disorder, on charges of sexual assault, theft under $5,000, assault, and assault with intent to resist arrest, all contrary to the Criminal Code of Canada (the Code).

2Mr. Strachan is currently subject to a Disposition of the Ontario Review Board dated March 22, 2024, by which he was ordered to be discharged subject to several conditions.

3On March 18, 2025, a panel convened in person and a hearing was held at CAMH. The purpose of the hearing was to determine if Mr. Strachan represents a significant threat to the safety of the public as defined in the Criminal Code of Canada, and if so, the necessary and appropriate disposition.

4For the reasons set out below, the Board unanimously finds that Mr. Strachan continues to pose a significant threat to the safety of the public and that the necessary and appropriate disposition to manage that risk while meeting his needs is a continuation of the existing Conditional Discharge Disposition, with no changes to the existing conditions.

Current Psychiatric Diagnoses:

• Schizophrenia
• Cannabis Use Disorder
• Possible unspecified Paraphilia – Coercive Sexual Preference (on phallometric testing)

Index Offences:

5The details of the index offences are extracted from the Hospital Report, which are as follows:

On May 31, 2012, Mr. Strachan refused to leave a fitness facility at closing time when asked to do so. After he became physically aggressive, the police were called. Mr. Strachan was not compliant with police demands to leave and when they attempted to physically remove him, he resisted and attempted to punch one of the officers. [Charges: assault, assault resist arrest (x2)]

Upon release for the above charges, Mr. Strachan moved in with his mother (who was also his surety). His mother also had a tenant who had lived in the home for five years. On July 11, 2012, while watching television in a room with the tenant, Mr. Strachan touched his penis, then removed it from his pants and told the tenant he wanted to have sex. When she left the room, he followed her into her room. His pants and underwear were at his ankles and his penis erect. He grabbed the victim by the shoulders and reiterated that he wanted to have sex with her. When she told him to stop and let her go, Mr. Strachan did so. [Charge: sexual assault]

On August 10, 2012 Mr. Strachan walked into a New Balance store, collected various items of clothing and changed into them in the changing room. He threw his own clothes in the garbage. He then put on a pair of running shoes. He refused to pay for the items and when confronted by the police pushed and punched them several times. He was subdued by taser. [Charges: theft under, assault resist arrest (x3), assault peace officer (x2)]. Mr. Strachan later acknowledged that he was becoming increasingly sick at the time of these offences.

Without Prejudice Position of the Parties:

6At the commencement of the hearing, the parties were canvassed for their initial positions.

7Counsel for the Hospital took the position that the necessary and appropriate disposition was continuation of the existing Conditional Discharge Disposition with no changes to the conditions.

8Counsel for the Attorney General supported the Hospital’s position.

9Counsel for the accused agreed with the Hospital and Attorney General and conceded that Mr. Strachan continues to meet the threshold for posing a significant threat to the safety of the public as articulated in the Winko¹ decision.

Evidence at the Hearing:

10The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Pearce.

11Dr. Pearce testified by way of update that prior to this annual hearing, Mr. Strachan had agreed to allow the treatment team to conduct a home visit to his residence in the community, however, on the agreed upon date, Mr. Strachan declined to have the team visit. The team is connecting with Mr. Strachan twice weekly, there is no change to his mental status and he continues to be medication compliant while accepting that he does need to take his medication.

12Dr. Pearce further testified that Mr. Strachan’s urine drug screens (UDS) are still testing positive for cocaine and that Mr. Strachan usually denies consuming cocaine.

13According to Dr. Pearce, the plan going forward is to support Mr. Strachan in maintaining sobriety, at least from cocaine, support his housing, and eventually reduce his reporting frequency and try to transition him to a non-forensic team, while encouraging him to better structure his time. Dr. Pearce reports that the team has a good working relationship with Mr. Strachan.

14When asked by Hospital counsel what the team would like to see before recommending an Absolute Discharge, Dr. Pearce articulated the following: sobriety from cocaine, arranging an assertive follow up program and ensuring that Mr. Strachan is using his time better by engaging in prosocial, meaningful activities.

15In response to questions by counsel Mr. Collins, Dr. Pearce clarified that when he mentioned encouraging Mr. Strachan to engage in more prosocial activities, some examples could be volunteering, part-time employment or even schooling.

16In response to questions from the Panel, Dr. Pearce confirmed that substance use remains an ongoing issue with Mr. Strachan. The Panel, relying on the Hospital Report, noted that Mr. Strachan has submitted 58 UDS samples that were positive for substances, with Dr. Pearce clarifying that they were all positive for cannabis, with only half positive for cocaine. Mr. Strachan has consistently denied using cocaine when confronted with those results. Dr. Pearce agreed with the Panel’s suggestion that on this issue, the Hospital and Mr. Strachan are at an impasse.

17Dr. Pearce also explained that as of now, since Mr. Strachan has remained medication compliant, Mr. Strachan’s mental status has remained stable. The concern for Dr. Pearce, however, is that at some point, Mr. Strachan’s use of cocaine, either in isolation or in combination with cannabis, may overwhelm the protective effect of the medication and cause mental status decompensation.

Analysis and Conclusions

18Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Strachan remains a significant threat to the safety of the public and therefore a continuation of the existing Conditional Discharge Disposition is both necessary and appropriate.

19Mr. Strachan suffers from a major mental illness, Schizophrenia, as well as a Substance Abuse Disorder. While his Schizophrenia symptoms are well controlled by his medication, his cocaine use remains an ongoing issue.

20In the past, when Mr. Strachan was unwell, he committed the index offences which consisted of acts of both physical and sexual violence against more than one victim. He also has a previous history of NCR findings, which include an attempted murder and assault with a weapon on his mother when he was 22 years of age.

21Following his prior discharge from the ORB, he became medication non-compliant which led to a recurrence of his psychotic symptoms and repeated re-hospitalizations.

22Mr. Strachan has “fairly good” insight into his mental illness and the need for medication. He appears to be fearful of a relapse into psychosis and believes that he needs to continue taking his medication. Currently, there are no issues with his medication compliance.

23According to the most recent risk assessment in the Hospital Report, Mr. Strachan has been deemed to present a low risk of violent reoffending with the structure of his current disposition and a moderate to high risk if he were to receive an absolute discharge.

24Mr. Strachan has had a good reporting year and is on a positive trajectory. The Board commends Mr. Strachan on his progress and encourages him to continue to work with his team on his substance use and to engage in further prosocial activities as suggested by Dr. Pearce.

25In consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Strachan, his reintegration into society and his other needs, the necessary and appropriate Disposition is continuation of the existing Conditional Discharge Disposition with no changes to its terms and conditions.

Footnotes

1. 11999 CanLII 694 (SCC), [1999] 2 SCR 625