Ontario Review Board
Re: Denis Quenneville
ORB File No: 3843
Hearing held on: Tuesday, April 1, 2025
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. T. Mann
Members: Dr. R. Kunjukrishnan Dr. A. Gibas Ms. M. den Haan Mr. M. Hajek
Parties Appearing:
Accused: Denis Quenneville
Counsel: Ms. M. Setia
The person in charge of hospital: Representative: Dr. A. Adiele
Attorney-General of Ontario: Counsel: Ms. J. Masse
REASONS FOR DISPOSITION
(Dated May 12, 2025)
Introduction
On October 3, 2003, the accused, Denis Quenneville, was found not criminally responsible on account of mental disorder on one charge of assault with a weapon, two charges of possession of a weapon for a dangerous purpose, three charges of utter threat and one charge of assault, all contrary to the Criminal Code of Canada (“the Criminal Code”).
Mr. Quenneville is currently subject to a Disposition of the Ontario Review Board dated March 27, 2024 and an Order amending that Disposition dated April 10, 2024 which detains him at the secure forensic unit of the Brockville Mental Health Centre (“BMHC” or “the Hospital”) with privileges up to and including to live in the community in accommodation approved by the person in charge.
On April 1, 2025, a panel of the Ontario Review Board convened a hearing at BMHC to review Mr. Quenneville’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Quenneville was in attendance at the hearing and represented by counsel, Ms. M. Setia, who, with leave granted in advance by the Board, attended via Zoom. Also in attendance to support him were Mr. Quenneville’s parents and his primary nurse.
The issues to be determined at the hearing are whether Mr. Quenneville continues to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and if so, the necessary and appropriate disposition to manage his risk and his care, taking into account the factors set out in section 672.54 of the Criminal Code.
Position of the Parties:
At the commencement of the hearing, the parties were asked to provide their without prejudice positions with respect to the issues before the Board. For the Hospital, Dr. Adiele recommended that Mr. Quenneville be found to pose a significant threat to the safety of the public and that the terms and conditions of the existing disposition continue in force, save for expanding the geographic area in which he can reside to include Cornwall, Ontario. This will facilitate Mr. Quenneville’s planned discharge from the FITT house. Ms. Masse for the Attorney General advised that she supported the Hospital’s recommendations and likely would support the slight change to the disposition being proposed. Ms. Setia advised that Mr. Quenneville was in agreement with the position of the Hospital and especially the possibility of living in his own apartment or with his parents, initially at least, in Cornwall. The Board was therefore presented with a joint submission on the issue of Mr. Quenneville’s posing a significant threat to the safety of the public and the necessary and appropriate disposition being a detention disposition.
At the conclusion of the hearing, in submissions all parties maintained their initial positions and the Attorney General joined in supporting the Hospital’s recommendation in its entirety, including the slight amendment permitting Mr. Quenneville to reside in Cornwall, Ontario.
Index Offences:
- The circumstances giving rise to the index offences as summarized in last year’s Reasons for Disposition, dated April 16, 2024, are as follows:
"Index Offence #1:
According to the Police Report, "On January 17, 2003, Cornwall Community Police Service attended 134-9th Street West, Cornwall, in regard to a male with a knife in his bedroom”. Upon arrival, Constable St. Amand was advised by the worker at that residence that, Denis Quenneville, had just left the building and was running westbound towards York from the building. The writer began a foot pursuit and caught up to the accused male, Denis Quenneville, in front of the residence on 8th Street West. At approximately 1233 hours, he was arrested as part of an investigation into this incident in regard to the knife complaint. The accused was handcuffed and searched. A red handled pocketknife was located in the front left jacket pocket. The accused, Quenneville, was transported to headquarters while the investigation continued.
The writer then spoke with the complainant DL who resides at that same address. He stated that the accused, Quenneville, had just moved into the residence approximately three weeks previous and believed it was on January 3, 2003, that the accused pulled out that same red handled knife and began to extend the blade in front of the complainant, stating to him, 'if anyone gives me a hard time, I'll bleed them'. The complainant did not feel threatened at that time but, as the accused became more unpredictable, vulgar and aggressive, the complainant then began to fear, not only for his safety, but the safety of the other residents in the manor.
The writer then spoke with another victim, AL who stated that on January 17, 2003, she was in her bedroom listening to music with the complainant and she began to hear loud noises coming from the accused's bedroom, which is located directly next to hers. She stated that she could hear loud banging, cursing and swearing. She stated that at one point he was screaming, although she could not understand what. She then went to the door and began speaking with the accused, trying to calm him down. The accused then began to curse and swear at the victim, stating that she 'was a fucking cunt, a fucking bitch' and at one point stated 'I'll fucking kill you'. The victim believes that the accused would be able to carry out his threat and fears the accused.
At 1540 hours the writer attended the cell area and advised the accused, Quenneville, of the charges. A call was placed to Duty Counsel ... The accused then began to hyperventilate and could not control his breathing, stating that it was too much for him to handle and stated that he was overwhelmed with what was going on. At approximately 1557 hours the accused fell to the floor where he continued to cry and speak to himself and at one point, struck himself in the right side of the temple area twice, causing some swelling. He was later transported to Cornwall General Hospital. The accused was seen by Dr. Van Hees and later formed under the Mental Health Act and was kept overnight for observation. On January 18, 2003, the hospital felt it was not in the accused's benefit to release him under the Mental Health Act and he was held for observation for another 72 hours. On January 18, 2003, Sgt. Bernie released the accused, Quenneville, on an undertaking and a promise to appear for a court appearance on February 13, 2003, and a finger print date of February 5, 2003.
On January 19, 2003, Constable St. Armand attended, Primrose Manor, and met with victim AM. She stated that she remembers between Christmas and New Years she was in the smoke area of the Manor and the accused, Denis Quenneville, was also present. The accused began to act up and pulled out a Swiss Army knife, extending the blade and stated 'bleed bitch, bleed' and then went towards the victim. At this point there was no contact made.
On January 11, 2003, the victim along with residents of the Manor and the accused, were in the living room listening to music on the TV. The victim overheard the accused talking, unknown if it was to himself or others, about killing people and about how he would kill people. The victim, upon hearing this, advised the accused that she had enough of his talk. At that point the accused got extremely upset, began to yell at the victim, stating he wanted to kill her. At that point the accused got out of control and then tried to strike her with his fists. The staff and other residents restrained the accused and calmed him down. The victim is fearful for her safety and she does not know what the accused will do if he sees her again.
On January 23, 2003, Constable St. Armand, advised Quenneville of the new charges and placed him under arrest ... the accused was released on a promise to appear. "
Index Offence #2:
"On 06 Nov03 at approximately 1455 hrs, Sgt. Carroll advised Cst. Petryna that he required help in regards to the accused Denis QUENNEVILLE who was in cell 2 on charges of breach as he was now trying to strangle himself with his sweater. Cst. Petryna and Sgt. Carroll attended cell 2 and observed the accused with his sweater tied around his neck and he was attempting to tighten the knot.
Cst. Petryna and Sgt. Carroll attempted to remove the sweater at which time the accused attempted to bite Cst. Petryna while police were attempting to roll him on his back. The accused calmed down once police advised he would be sprayed with OC spray if he didn’t calm down. The sweater was removed at which time the accused began banging his head against the cement bed and wall. It was then obvious that the accused needed to be transported to the Cornwall General Hospital for psychiatric assessment.
While seated in cruiser 8, the accused said, referring to Cst. Jeff Lalonde, 'When I see that little cop I'm going to kill him, I will take my knife and cut out his eyes and heart. He doesn't know who he's fucking with, I’m worse than Satan. I've been to hell and back and he hasn't seen anything. '(Sic) At approx. 1523 hrs Cst. Petryna, Cst. Michaud along with the accused attended the Cornwall General Hospital.
While at the hospital, the accused stated to Cst. Michaud that he is going to kill Cst. Lalonde and burn his body with gas and oil to send him to hell. Cst. Petryna advised the accused he was being charged with assault police officer and utter threats x2.
The accused was subsequently assessed by Dr. Boucier and admitted under a form 1 under the Mental Health Act for psychiatric assessment.”
Background History:
Mr. Quenneville’s psychosocial history, as well as his progress under the jurisdiction of the Board, is amply set out in the 219-page cumulative Hospital Report dated February 10, 2025, which was filed as an exhibit at the hearing. As such, the contents need not be repeated in detail here, save a few points to provide context.
Mr. Quenneville was born in 1980 in Cornwall, Ontario and is the youngest in a sib-line of three. At age 3, and using the nomenclature of the day, he was found to have borderline mental retardation and had frequent tantrums as a result of his inability to express himself. At age 4 he started junior kindergarten but was removed due to extreme behavioural issues and placed in a school for children with such issues. He continued in various special schools until he was 18, managing to attain a grade 5 education. He continued to manifest behavioural issues over the years, particularly in response to frustration or stress. His parents have remained supportive of him throughout his many difficulties.
Mr. Quenneville had no criminal record prior to the index offences. However, subsequent to the index offences, he was found guilty of uttering threats in 2017 and received a suspended sentence with 12-month probation. In 2021, he pleaded guilty to three counts of uttering threats (towards staff) in September 2019 and sentenced to a 12-month conditional sentence to be followed by three years probation. He was permitted to serve his custodial sentence in the Forensic Treatment Unit of BMHC. On January 4, 2022, he was charged with uttering threats and assaulting a peace officer with a weapon arising out of an incident in hospital. In May 2023 he was found guilty of these charges and placed on probation until February 2025.
Subsequent to the NCR finding, Mr. Quenneville was detained at BMHC until November 2004 when he was transferred to the maximum secure Mental Health Centre Penetanguishene – Oak Ridge (now Waypoint Centre for Mental Health Care), due to behavioural issues including verbal and physical aggression. He remained there until 2006 when he was transferred to the Providence Continuing Care Centre in Kingston. In 2008 he was returned to Oak Ridge where he remained until 2011 when he was transferred to CAMH. In 2013 he was returned to Waypoint Centre for Mental Health Care where he remained until 2017 when he was transferred to BMHC. In November 2023, Mr. Quenneville was discharged to the FITT House, a 24-hour supportive and supervised accommodation on the grounds of BMHC.
Although his history of violence prior to the index offences was not extensive, since coming under the jurisdiction of the Board, he engaged in a number of episodes of physical aggression in hospital, including in a maximum secure forensic setting. In addition, he engaged in extreme episodes of verbal aggression towards staff and other clients. At times, he was self-harming. He was volatile, impulsive, sexually disinhibited and demonstrated negative attitudes. He frequently demonstrated challenging behaviours and was, in general, difficult to manage.
However, with the benefit of time, treatment with psychotropic medication, and the support of skilled staff who were familiar with his presentation and (mostly) able to diffuse his more challenging behaviours, Mr. Quenneville gradually settled. He began to participate in therapeutic and recreational activities, was adherent to his medication regimen and, for the most part, utilized his privileges appropriately. He continued in his longstanding pattern of becoming angry, rude, threatening and intimidating when frustrated but these episodes, with a few notable exceptions (such as the significant incident in 2019 which resulted his being transferred to a more secure unit and the above-noted criminal charges, along with a second serious incident in 2022 also resulting in criminal charges), have been less intense and less frequent than in years past. His psychotic and affective symptoms have diminished, although he can still become irritable and argumentative particularly when denied a request. He has refrained from using substances for many years. His insight into his diagnoses, need for medication and risk of violence when stressed or mentally unwell, while much improved, remains somewhat limited. He now reflects and is able to apologize when he offends others with his language or his behaviour.
Mr. Quenneville has done well at the FITT house but finds living in close quarters with others to be stressful. Mr. Quenneville is meticulous in the way he keeps his area of home and is equally so when doing his chores. This causes conflict between himself and some of the other residents who are not as meticulous about their living quarters. The treatment team thinks that Mr. Quenneville is ready for the next step in his rehabilitation and reintegration to society, being a move to more independent living.
Mr. Quenneville’s current diagnoses are:
Intellectual Development Disorder - Mild
Attention Deficit and Hyperactivity Disorder (by history)
Tic Spectrum Disorder (by history)
Substance Use Disorder (in sustained remission)
Borderline Personality Disorder
Antisocial Personality Disorder
Evidence at the Hearing – Preliminary Issue:
- Dr. Adiele raised a concern that the description of Mr. Quenneville’s index offences as set out at page 1 of the Hospital Report did not accord with information contained within the Hospital Report. The doctor’s worry is that the Hospital Report itself includes many more “index offences” than may actually be the case, possibly representing charges that were withdrawn or resulting from errors in the many past iterations of the Hospital Report prepared since Mr. Quenneville was found NCR in 2003. The Board suggested that perhaps a representative of the Attorney General’s office could work with the Hospital to bring some clarity to the situation prior to the next annual review.
Evidence at the Hearing:
The Board had available to it the information in the documents forming the Record, the Hospital Report dated February 10, 2025 (Exhibit 1), Mr. Quenneville’s CPIC report current to March 17, 2025 (Exhibit 2) and oral evidence from Mr. Quenneville’s attending forensic psychiatrist, Dr. A. Adiele. Dr. Adiele adopted the contents of the Hospital Report, including the analysis of significant threat within and then provided the Board with a brief summary of Mr. Quenneville’s progress during the review period. Dr. Adiele confirmed that, overall, Mr. Quenneville has been progressing well but continues to show affective and behavioural instability during social interactions typically centering around cleanliness standards and his perception that he is not being treated fairly by staff. Behavioural incidents have included concerns about inappropriate physical contact with peers, alleged belligerence during house meetings and conflicts over shared living space issues. The doctor noted that Mr. Quenneville can become frustrated by those who do not do their assigned chores and that this causes him to become agitated and upset. However, with the support of the treatment team, he is able to calm himself.
Dr. Adiele confirmed that Mr. Quenneville’s reactivity to frustration with his peers has not risen to the level of forming the basis for a criminal charge. Dr. Adiele indicated that Mr. Quenneville’s conflict with a female peer has resulted in mutual accusations of harassment but thus far the doctor has had no concern for her safety. Mr. Quenneville has been worried that this peer would make false allegations of sexual harassment against him. However, avoidance of these triggers to conflict has informed the treatment team’s recommendation that Mr. Quenneville transition to independent living in Cornwall.
To this end, the team’s social worker has been directed to seek suitable accommodation for Mr. Quenneville in Cornwall, but her efforts have not as yet borne fruit. Consequently, Mr. Quenneville’s parents have, as an interim measure, offered to open their home to him. (Their home has previously been approved by the person in charge in connection with Mr. Quenneville’s passes.) Dr. Adiele indicated he would be “happy for this to happen”, opining that Mr. Quenneville would do better absent the triggers inherent in a congregate living setting such as that of the FITT house. Moreover, Mr. Quenneville’s family will be close by, including many cousins, which will meet his need for socialization and perhaps be able to offer him work. Dr. Adiele emphasized that all of Mr. Quenneville’s passes, including overnight visits, with his parents have gone well and that his parents have been cooperative with the treatment team and provided good support to their son.
Dr. Adiele feels that Mr. Quenneville’s risk to public safety would decrease if he were to reside outside the grounds of the Hospital. The doctor also felt there was no need for Mr. Quenneville to “step down” to an 8-hour supervised residence such as the home on Murray Street in Brockville. To the contrary, this could be risk-enhancing in that continuing to live in close confinement with others would likely prove triggering. Ideally, Mr. Quenneville will eventually find his own place in Cornwall that will allow him to live independently but close to his parents for extra support when needed.
Dr. Adiele explained that Mr. Quenneville was assessed as being appropriate for discharge to live with his parents in Cornwall, but the current wording of his disposition, restricted to living the community of Brockville in accommodation approved by the person in charge does not, in the Hospital’s opinion, permit him to do this. Consequently, Dr. Adiele and the treatment team would like the geographic radius within which Mr. Quenneville can reside changed to “live in the community of Eastern Ontario”.
Because Mr. Quenneville is already affiliated with the hospital Outreach team, there are no additional outpatient services that need to be set up. The Outreach team will continue to see Mr. Quenneville, likely weekly at first but if all goes well, bi-weekly contact will be the norm. Dr. Adiele emphasized that the Outreach team has the flexibility to increase the frequency of its contact with Mr. Quenneville, if necessary.
Mr. Quenneville has proven over many years that he no longer has an interest in using substances. However, a detention disposition remains necessary so that Mr. Quenneville can be quickly brought back to hospital if necessary. Dr. Adiele pointed out that changes in an individual’s living situation can be stressful and that increased stress is linked to increased risk of harm to others. This is likely to be the case with Mr. Quenneville. The treatment team needs to assess Mr. Quenneville’s ability to remain stable while he adjusts to living in a less structured and supported environment. In this regard, the team will be looking to Mr. Quenneville to demonstrate incident-free behaviour over a sustained period of time when living in the community, whether with his parents or not.
In terms of next steps, Dr. Adiele indicated that if Mr. Quenneville’s disposition is changed to permit him to reside in Eastern Ontario, the team will hold a case conference with Mr. Quenneville and his parents to develop an appropriate plan and once this has been done, he could be discharged from hospital to their home two or three weeks thereafter.
Dr. Adiele said that he would continue as Mr. Quenneville’s outpatient psychiatrist and the team would be available to provide immediate advice to Mr. Quenneville’s parents should the need arise. The doctor did not have any significant concerns about medication compliance, especially given that most of Mr. Quenneville’s medications are for various physical health issues and that they will be packaged in such a way – blister packs for morning, noon and nighttime medications – that the team can readily monitor this issue. Also, Dr. Adiele expressed confidence that Mr. Quenneville himself would seek an increase in his medication regimen should he feel the need.
Analyses, Conclusion and Disposition
Having heard and considered all of the evidence and submissions from the parties, the Board concurs with the joint submission that Mr. Quenneville poses a significant threat to the safety of the public. However, quite apart from the joint submissions, the Board has no difficulty coming to an independent conclusion that Mr. Quenneville’s current constellation of symptoms and behaviours supports a finding that he continues to pose a significant threat as defined by s. 672.5401 of the Criminal Code.
Mr. Quenneville’s risk flows from his diagnoses of Intellectual Developmental Disorder – Mild, Attention Deficit and Hyperactivity Disorder (by history), Tic Spectrum Disorder (by history), Substance Use Disorder (in sustained remission), Borderline Personality Disorder and Antisocial Personality Disorder. He continues to be interpersonally sensitive and can become emotionally heightened and reactive if he perceives he is being unfairly treated and/or slighted by others, including most particularly, staff members and those peers who live with him. He has continued to struggle with interpersonal relationships, anxiety management and appropriate boundary-setting. His behavioural instability is often triggered by perceived violations of his standards for cleanliness. When irritated, frustrated or upset, he is quick to anger and prone to making threatening statements and acting violently towards others as happened at the time of the index offences, which were serious and criminal. The Board finds that in the absence of support, supervision and a positive therapeutic alliance, Mr. Quenneville would, with a high degree of certainty, discontinue engagement in treatment and follow-up, become increasingly fixated on perceived grievances about his treatment at the hands of others, resort to using substances to cope and return to the state of mind that engendered the index offences. Mr. Quenneville’s risk of engaging in such behaviours is more than speculative and is informed by his lengthy history of cognitive, behavioural and affective instability both before and after he came under the jurisdiction of the Board, which continues to this day, albeit in an attenuated fashion. There is ample evidence in the Hospital Report, and the oral evidence of Dr. Adiele, to support a finding that Mr. Quenneville represents a significant threat.
This being said, Mr. Quenneville has had a very positive year overall. He has been mentally stable, with no signs or symptoms of mood disorder or psychosis. He has not engaged in physical violence during the reporting period. To his very great credit, he has remained abstinent from intoxicating substances notwithstanding community-based opportunities to use them. His insight into his condition is now fair and he has demonstrated willingness to acknowledge and apologize for inappropriate behaviours, as well as the ability to follow through with behavioural change, with support and direction from staff.
These improvements, along with his ability to maintain appropriate self-care, have led the treatment team to recommend that the terms of Mr. Quenneville’s detention disposition be amended to allow him the ability to reside, possibly independently, in the city of Cornwall, near to his parents’ home. The Board concurs. There is much to recommend this course of action including that his residing in an environment in which he does not have to accommodate the habits of those who do not share his fastidiousness or perceive that he is being less well-treated than others, will likely result in a reduction of triggers causing irritability, agitation and behavioural instability. It is consistent with his liberty interests in that it represents a loosening of restrictions on his liberty. It meets his reintegration and other needs in that it allows him to (potentially) live independently in a familiar city and more proximally to his parents who are his main non-forensic supports. Most importantly of all, provided that the Hospital’s cautious approach to risk management continues, maintaining Mr. Quenneville on a detention disposition with the clarification that he may reside in the community of Eastern Ontario, is not contrary to the safety of the public. This being said, he remains in need of structure and extrinsic support to manage his complex mental health needs, particularly in view of the duration and multiplicity of his risk factors. As such, the Board finds that a detention disposition provides the appropriate legal framework within which Mr. Quenneville can continue to make slow and incremental progress and allow the treatment team to assess his ability to safely interact with others in the community when living in a less structured setting.
For completeness, the Board carefully considered whether Mr. Quenneville’s risk to public safety could be managed by the terms of a conditional discharge and concluded that it could not. The Board notes Mr. Quenneville has remained compliant with medication, is currently mentally stable, and not presented serious behavioural challenges over the review period. However, given the pending transition from 24-hour supervised accommodation to a less structured and supported setting in the community, whether with his parents or in an independent apartment, and Mr. Quenneville’s history of rapid decompensation leading to highly aggressive behaviour, a cautious approach to risk management continues to be warranted. In this regard, the Board finds that the civil commitment mechanisms available under the Mental Health Act, which are retrospective in nature, would not be sufficient to ensure Mr. Quenneville’s expeditious return to hospital in the event of threatened or actual decompensation in his mental state, prior to serious physical or psychological harm to others having occurred. The safety of the public demands that a detention disposition remain in place so that treatment providers who know him well are able to intervene in a proactive way. In addition, there continues to be a need for the Hospital to approve Mr. Quenneville’s accommodation, which given his sensitivity to environmental triggers, is a key risk management tool. Notably, the ability to approve his housing is not available under the terms of a conditional discharge.
Mr. Quenneville will continue to need the support and supervision of his treatment team as he navigates the stresses and strains of living in the community, particularly given that he has not lived independently for any significant period of time, if at all. While Mr. Quenneville has come a very long way since the index offences, there is more work to be done. The Board encourages Mr. Quenneville to continue to work cooperatively with his psychiatrist and other staff who participate in his circle of care so that the positive trajectory evident over the last several years may continue.
For the foregoing reasons, the Board is of the view that Mr. Quenneville continues to pose a significant threat to the safety of the public and that a detention disposition om the terms set out in its formal disposition is the least onerous and least restrictive disposition that is necessary and appropriate in the circumstances. In making this disposition, the Board has considered the criteria set out in s. 672.54 of the Criminal Code, which are the safety of the public, which is the paramount consideration, the mental condition of Mr. Quenneville, his reintegration into society and his other needs.
The Board wishes Mr. Quenneville continued success on his journey to recovery.
DATED this 12th day of May, 2025, at the City of Toronto, in the Toronto Region.
Ms. T. Mann
Alternate Chairperson
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Office of the Registrar
Ontario Review Board```