Ontario Review Board
Re: Zachary Randal Nayda
ORB File No: 7685
Hearing held on: Thursday, April 10, 2025
Place of Hearing: Providence Care Hospital, Kingston
Pursuant to: Section 672.81(1) of the Criminal Code of Canada
Before:
Alternate Chairperson: Ms. K.A. Connidis
Members: Dr. R. Kunjukrishnan
Dr. W. Loza
Ms. N. Nathanson
Mr. R. Rainboth
Parties Appearing:
Accused: Zachary Randal Nayda
Counsel: Mr. P. Casey
Person in charge of hospital: Counsel: Ms. T. Tom
Representative: Dr. Z. Selhi
Attorney-General of Ontario: Counsel: Ms. J. Ferguson
REASONS FOR DISPOSITION
(Dated May 12, 2025)
Introduction
On January 24, 2020, the accused, Zachary Randal Nayda, was found not criminally responsible on account of mental disorder on charges of break and enter with intent into a dwelling-house, assault with a weapon (x2), possession of a weapon for a purpose dangerous, utter threats to cause death (x2), and assault with intent to resist arrest, all contrary to the Criminal Code of Canada.
Mr. Nayda is currently subject to a Disposition of the Ontario Review Board (the “Board”) dated April 25th, 2024 with Reasons dated June 24, 2024 that detain him at the Secure Forensic Unit of the Providence Care Hospital, Kingston with privileges up to and including to live in the community in accommodation approved by the person in charge. The Disposition also included attendance at a residential substance abuse recovery program in the Province of Ontario. At the time of the hearing, Mr. Nayda was detained on the Secure Forensic Unit of the Hospital.
On April 10th, 2025, the Board convened a hearing at the Providence Care Hospital, Kingston, to conduct Mr. Nayda’s annual review hearing. Mr. Nayda attended his hearing and was represented by counsel, Mr. Phillip Casey.
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
All parties agreed that significant threat to public safety was not contested.
Counsel for the hospital, Ms. Tom, indicated the hospital’s position is that Mr. Nayda represents a significant threat to public safety and that the appropriate and necessary disposition is a continuation of the existing Detention Order with the addition of one new clause as follows “while at residential substance use recovery program with[in] the Province of Ontario, to enter the community within the Province of Ontario indirectly supervised.”
Ms. Ferguson, appearing for the Attorney General, indicated her agreement with the hospital’s position.
Mr. Casey, on behalf of Mr. Nayda, also supported the hospital’s position.
Index Offence
- The facts relating to the Index Offence were set out in paragraphs 4 and 5 of the Board’s decision dated June 10, 2024:
“On September 16, 2019, Mr. Nayda kicked in the door of a home occupied by a 76-year-old woman. He held a knife to her throat (and caused a small cut) and said he wanted money. The woman ran out of the house and called for help. Two neighbours came to her aid. As one of them called 911, Mr. Nayda emerged from the home, charged at her and said: “I’m going to fucking kill you bitch.” He then ran at the original victim and threatened to kill her. A man was walking down the street and Mr. Nayda picked up a rock and attempted to hit the man on the head with the rock but another neighbour grabbed the rock before he made contact. The rock weighed about 15 lbs. Mr. Nayda then “collapsed on the ground” before going after the man again and putting him in a head lock. While doing so Mr. Nayda asked who was going to be the one to kill him. He said he wanted to die. The neighbours were able to get Mr. Nayda off the man.
When the police arrived, Mr. Nayda removed all his clothes and ran up the street. As they tried to arrest him, he swung his arms and kicked.”
Evidence at Hearing
The Board’s record included last year’s Disposition dated April 25, 2024 and Reasons dated June 10, 2024. The Board admitted into evidence as Exhibit 1, the Hospital Report dated February 3, 2025 (the “Hospital Report”). The Hospital Report outlines Mr. Nayda’s background.
As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in it. We do note, however, the stated diagnoses of schizophrenia and alcohol use disorder. We also note that Mr. Nayda has been in hospital since March 2, 2024 after having been re-admitted after two days in an independent apartment due to significant alcohol consumption. This was his 4th readmission since 2022.
In addition to the Hospital Report, the Hospital’s evidence was presented through the oral testimony of Dr. Zoe Selhi who has been Mr. Nayda’s treating psychiatrist since July 2022.
Dr. Selhi stated that Mr. Nayda, in her view, remains a significant risk to public safety. Dr. Selhi noted that the index offence featured violence and the major mental disorder coupled with an alcohol disorder. The doctor noted Mr. Nayda’s readmissions including the current one. Dr. Selhi stated that Mr. Nayda’s risk relates to consuming alcohol and stopping medication when in the community. The index offence was notable for paranoia. A relapse is a significant risk in the context of alcohol use. On the positive side, the doctor indicated that his medication is optimized and that during this reporting period he has been compliant with medication. Dr. Selhi further stated that Mr. Nayda had successfully completed a 30 day residential alcohol recovery program in the summer of 2024. The treatment team was of the view that he had gained insight and that the program represented a turning point for Mr. Nayda.
Mr. Nayda had been doing well since that time with the exception of a few occasions where he had not been forthcoming about his whereabouts when on passes. As a result, in February, his privileges had been revoked for approximately two months. They have recently been reinstated. He is now preparing to transition into supervised housing. Dr. Selhi noted that this would take approximately 2 to 6 months. To prepare, Mr. Nayda will need to re-engage with the outpatient team, community programming, etc.
Upon questioning by counsel for the Attorney General, Dr. Selhi noted that upon Mr. Nayda’s readmissions, he may have admitted to being non-compliant with medication on one occasion and denied being non-compliant on another occasion. No psychosis was noted but he had received medication for anxiety.
The Board notes that the Hospital Report indicates that at the time of his readmission on March 2, 2024, Mr. Nayda “acknowledged drinking and not taking his medications since his discharge two days earlier.”
When asked by a Board member about the reasoning behind the requested new clause in the Disposition order, Dr. Selhi explained that Mr. Nayda may be referred to take another residential recovery program and if he does, the clause will permit Mr. Nayda to enter the community and take part in community activities with the other residents.
Final Submissions
All parties accepted that Mr. Nayda remains a significant threat to public safety. All parties agree that, at the present time, the necessary and appropriate Disposition is a Detention Order on a Secure Forensic Unit with the same privileges and prohibitions as the Disposition dated April 25, 2024 with the addition of the following new clause: “while at residential substance use recovery program with of Ontario, to enter the community with the Province of Ontario indirectly supervised.”
Ms. Tom, on behalf of the hospital, noted that Mr. Nayda does well with structure and that the treatment team is trying to replicate that in the housing environment.
Mr. Casey submitted that Mr. Nayda is happy with his care and the therapy he is receiving. He enjoyed the residential program and believes his insight is developing. Mr. Nayda acknowledges that he has more work to do and looks forward to transitioning to the community when ready.
Findings of the Board
As indicated, there was a joint position put forward by the parties. The Board accepts without reservation that at the present time Mr. Nayda remains a significant threat to public safety. This was a very serious index offence. Mr. Nayda is diagnosed with both schizophrenia and an alcohol use disorder. We accept Dr. Selhi’s opinion that there is increased risk when he consumes alcohol that he will become medication non-compliant. He has been readmitted four times since 2022 due to alcohol consumption. We accept Dr. Selhi’s view that a structured living environment, which will be provided in supervised housing, is required for a successful transition to the community. We note that Mr. Nayda supports the hospital’s recommendation.
The Board accepts that, at the present time, Mr. Nayda’s threat to public safety requires that he be subject to a Detention Order but that privileges should include community living in approved housing. We agree that the housing should be supervised to allow Mr. Nayda the best chance at a successful community transition. Further, we have no reservations in supporting the one additional clause to be added to the Disposition.
In reaching our Disposition, the Board has taken into consideration the need to protect public safety, Mr. Nayda’s mental condition and his other needs, and Mr. Nayda’s reintegration into society.
DATED this 12th day of May 2025, at the City of Toronto, in the Toronto Region.
Ms. N. Nathanson Legal Member
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Office of the Registrar
Ontario Review Board