Ontario Review Board
Re: Gary McCullough
ORB File No: 8534/8708
Hearing held on: Wednesday, April 23, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Sections 672.47(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Silver Members: Dr. R. Wood Hill Dr. G. Stones Mr. D. D’Intino Mr. J. Cyr
Parties Appearing:
Accused: Gary McCullough Counsel: Mr. J. Carlisle
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Mr. T. Hewitt
REASONS FOR DISPOSITION
(Dated May 12, 2025)
Introduction
On January 29, 2024, Mr. McCullough was found not criminally responsible on account of mental disorder (“NCR”) on two counts of dangerous operation of a conveyance and two counts of failure to stop for police, contrary to the Criminal Code of Canada.
On January 21, 2025, Mr. McCullough was again found NCR on charges of dangerous operation of a vehicle and failure to stop for police. The Court did not issue a disposition and instead referred the matter to the Ontario Review Board (the “Board”) for a determination.
On April 23, 2025, the Board convened both the annual hearing regarding the first set of charges and an initial hearing concerning the second set at Ontario Shores Centre for Mental Health Sciences (“the Hospital”).
Mr. McCullough was present and represented by counsel, Mr. Carlisle.
The central issue before the Board was whether Mr. McCullough posed a significant threat to public safety, as defined in s. 672.54 of the Criminal Code. If so, the Board was tasked with determining the necessary and appropriate disposition, pursuant to the criteria set out in s. 672.54.
Initial Position of the Parties
At the outset of the hearing, the parties were invited to present their preliminary positions.
Counsel for the Hospital, Mr. Dow, submitted that Mr. McCullough continues to pose a significant threat to public safety and recommended a detention order on the same terms as last year.
Counsel for the Attorney General, Mr. Hewitt, supported the Hospital’s position.
On behalf of Mr. McCullough, Mr. Carlisle did not contest the finding of significant threat and agreed with the proposed disposition. However, Mr. McCullough wanted to clarify that, contrary to the Hospital’s report, he is willing to comply with the medical consultations recommended by his physicians.
Accordingly, the Board was presented with a joint submission.
Findings
- For the reasons below, the Board finds that Mr. McCullough continues to pose a significant threat to public safety and that a detention order on the same terms as last year, as recommended by the Hospital, remains appropriate.
Index Offences (2022)
- Incident 1: June 5, 2022 – Ajax, Ontario
Mr. McCullough failed to stop for police after emergency lights were activated. He fled northbound on Audley Road S., reaching speeds over 100 km per hour in a residential area. He then continued eastbound on Bayly Street, driving erratically at speeds up to 120 km/h. Due to the danger to public safety, police terminated the pursuit.
- Incident 2: November 1, 2022 – Pickering, Ontario
Mr. McCullough again failed to stop for police, this time in a white Dodge Caravan. He fled westbound on Highway 401, driving aggressively and weaving through traffic at speeds up to 140 km/h. His identity was confirmed through visual recognition and Ministry of Transportation records.
Index Offences (2020)
- Incident July 1, 2020 – Toronto, Ontario
Mr. McCullough was observed driving at 146 km/h on Highway 400, where the posted limit is 100 km/h. The vehicle’s rear plate was obstructed, and it had significant front-end damage. He evaded police, continued at high speeds, braked aggressively, and nearly caused multiple collisions. After being intercepted by three police vehicles, he physically resisted arrest. Subsequent investigation revealed altered licence plates and a suspended driver’s licence.
- Mr. McCullough offered various explanations for his actions, including assertions that police had no authority to stop him or that he was acting on behalf of his brother-in-law and unnamed individuals he referred to as “the Italians.”
Background Information on Mr. McCullough
The Hospital Report dated March 27, 2025 (Exhibit 1) provides a comprehensive account of Mr. McCullough’s history and background. The report was entered as an exhibit and need not be repeated in full, except for the following salient facts.
Mr. McCullough is a 68-year-old single man with no dependents. He was raised in Toronto and exhibited a pattern of social deficits and restricted, fixated interests of abnormal intensity from an early age, along with verbal and physical aggression toward family members.
Although academically gifted and a graduate of chemical engineering from the University of Toronto, he faced significant challenges in maintaining long-term employment due to his interpersonal difficulties.
Medical History
Mr. McCullough suffers from several chronic medical conditions, including atrial fibrillation, hypertension, anemia, hypothyroidism, and stage 5 chronic kidney disease, for which he has refused dialysis. He also experiences urinary retention and has declined multiple recommended medical procedures.
He has had recurrent acute episodes, typically requiring emergency intervention for catheter-related issues or cardiac symptoms.
Legal History
Mr. McCullough’s criminal record dates back to 1987 and includes convictions for assault, assaulting police, uttering threats, and criminal negligence.
Notably, in 1995, he was found NCR on charges of mischief and breach of probation. He remained under the supervision of the Ontario Review Board until 2003, when he was granted an absolute discharge.
Psychiatric History
Following the 1995 NCR finding, Mr. McCullough was admitted to the hospital while acutely psychotic, exhibiting delusions and behavioural disturbances. During his admission, he assaulted two patients and made sexually inappropriate comments to nursing staff. He improved with antipsychotic medication, and he was granted an absolute discharge in 2003.
After discharge, Mr. McCullough ceased attending appointments and became noncompliant with medication. In September 2006, he was admitted to hospital under a Form 2 after assaulting his father and required four-point restraints. He was later discharged to a group home and followed by an Assertive Community Treatment (ACT) team.
In October 2010, Mr. McCullough was again admitted to the Centre for Addiction and Mental Health (“CAMH”) under a treatment order after being unfit to stand trial on a charge of weapons dangerous. He presented with paranoid and grandiose delusions, circumstantial thought form, loose associations, pressured speech, and expansive affect.
His current diagnosis is schizoaffective disorder, bipolar type.
While detained at Toronto South Detention Centre in 2023, Mr. McCullough assaulted a cellmate and was transferred to CAMH where he exhibited grandiose and paranoid delusions. He improved with treatment but continued to resist medical care and displayed intermittent aggression.
In November 2023, he was admitted to Ontario Shores for an NCR assessment related to the 2022 offences. During his admission, he exhibited disorganized thinking and delusional beliefs, such as the moon crashing into the sun and his mother having killed 250 people in the United States. He was also physically aggressive on at least one occasion, necessitating staff intervention.
Following the NCR finding in January 2024, Mr. McCullough showed improved behaviour, complied with medication, and engaged in structured activities.
A second NCR assessment, conducted in connection with the 2020 charges, resulted in an additional NCR finding in January 2025.
Recent Clinical Course as Outlined in the Hospital Report
On July 4, 2024, Mr. McCullough transferred to the Forensic Community Reintegration Unit (“FCRU”). He complied with rules, interacted positively with peers, and used privileges responsibly.
There have been no reported incidents of aggression, psychosis, or suicidality.
While Mr. McCullough has used his hospital and community privileges appropriately, the clinical team remains cautious about extending unsupervised privileges due to his medical fragility. Although he participated in some programming, he did not complete the “Discharge 101” component of the EPEC program.
Family involvement has been minimal, with his sister attending a treatment meeting in June 2024.
Due to his complex medical needs, a referral for long-term care was submitted in February 2025.
Evidence of Dr. Harrigan
Dr. Claire Harrigan, Mr. McCullough’s treating psychiatrist since November 2023, testified that Mr. McCullough remained on a secure forensic unit until July 2024, when he was transferred to the FCRU under her care. He has demonstrated positive behaviour during this reporting period.
Dr. Harrigan observed no evidence of antisocial personality traits and confirmed that this diagnosis has been removed from the Hospital Report.
Mr. McCullough follows unit rules, is pleasant and cooperative, and uses his privileges appropriately. There are no concerns regarding substance abuse, and he is compliant with his psychotropic medication.
While he continues to experience residual grandiose and paranoid delusions, these are significantly attenuated and do not result in interpersonal conflict.
Although his psychiatric condition is currently stable, his insight remains limited. He disagrees with his diagnosis of schizoaffective disorder and the factual basis of the index offences as recorded in the Hospital Report.
Nevertheless, Mr. McCullough acknowledges that his medication is beneficial, particularly in improving sleep and cognitive clarity.
Mr. McCullough’s complex medical issues have presented considerable challenges. He experienced multiple emergency visits in late 2024 and early 2025. Until the hearing, he had declined many recommended medical interventions. Dr. Harrigan expressed optimism upon learning during the hearing that he is now open to considering those recommendations.
Dr. Harrigan opined that Mr. McCullough continues to pose a significant threat to public safety. The current plan is to continue managing his medical condition within the Hospital and to transition to long-term care (LTC).
Analysis and Conclusion – Significant Threat
The Board finds clear and uncontested evidence that Mr. McCullough continues to pose a significant threat to public safety.
His long-standing history of violence rooted in untreated schizoaffective disorder includes aggression toward family members, strangers, and law enforcement, as well as multiple episodes of dangerous driving. Although currently stable, his history of in-custody incidents and medication noncompliance remains concerning.
When he fails to adhere to his treatment regimen, he becomes unwell, displaying irritability, impulsivity, and erratic behaviour—factors that directly contributed to the index offences.
Analysis and Conclusion – Necessary and Appropriate Disposition
The Board accepts the joint recommendation of the parties and finds that a detention order is necessary and appropriate.
To Mr. McCullough’s credit, he has shown recent improvement, including medication compliance, participation in some treatment programs, and appropriate use of privileges. His counsel indicated that he is now considering essential medical interventions.
Nevertheless, Mr. McCullough continues to present with:
- Limited insight into his illness;
- Residual delusional beliefs;
- Minimal social support; and
- Complex medical needs.
A conditional discharge is not appropriate at this time, given the persistent risk of relapse and potential for violent behaviour.
A detention disposition will ensure Mr. McCullough continues to receive the necessary psychiatric and medical care in a secure environment, pending transition to an appropriate long-term care facility. Importantly, Mr. McCullough has agreed with this plan.
This decision reflects the joint submission and is consistent with section 672.54 of the Criminal Code of Canada, which prioritizes public safety while also considering the accused’s mental condition, reintegration prospects, and broader treatment needs.
DATED this 12^th^ day of May 2025, at the City of Toronto, in the Region of Toronto.
Ms. L. Silver Alternate Chairperson
Office of the Registrar Ontario Review Board