Ontario Review Board
Re: Corey Allen
ORB File No: 7986
Hearing held on: Thursday, April 10, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care St. Thomas, Ontario
Pursuant to: Sections 672.81(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Clapp
Members: Dr. S. Swaminath Dr. M. Green Mr. R. Bigelow Ms. C. Plyley
Parties Appearing:
Accused: Corey Allen Counsel: Mr. S. Gehl
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DISPOSITION
(Dated May 12, 2025)
Introduction:
On December 9, 2021, Corey Allen was found unfit to stand trial on a charge of attempted murder, contrary to the Criminal Code. She is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated April 24, 2024, whereby she is detained at the Southwest Centre for Forensic Mental Health Care (“Southwest” or the “hospital”) with privileges up to and including living in the community of Southern and Southwestern Ontario in approved accommodation. She is also required to refrain from having weapons in her possession, and refrain from contact or communication with the victim of the alleged index offence.
On April 10, 2025, a panel of the Board convened at Southwest to review Ms. Allen’s fitness to stand trial and her Disposition pursuant to sections 672.48(1) and 672.81(1) of the Criminal Code. Ms. Allen attended the hearing and was represented by counsel.
The Hospital Report dated January 23, 2025, was marked as Exhibit 1, and an Update to the Hospital Report dated March 17, 2025, was marked as Exhibit 2. In addition to the documentary evidence, Ms. Allen’s attending psychiatrist, Dr. Ashley Malka, gave evidence.
The issues to be determined at the hearing were whether Ms. Allen continues to be unfit to stand trial in accordance with section 2 of the Criminal Code, and if so, what is the necessary and appropriate Disposition taking into account the factors set out in section 672.54 of the Criminal Code.
Position of the Parties:
- At the outset of the hearing the parties were asked for their initial without prejudice positions. On behalf of the hospital, Ms. Zamprogna took the position that Ms. Allen remained unfit to stand trial; however, it was not clear that she was permanently unfit (as was suggested in the Hospital Report). The hospital recommended a continuation of the Detention Order with an increase in the area allowed for community living to the province of Ontario. Ms. Dalrymple agreed with the position of the hospital on behalf of the Attorney General. Mr. Gehl also agreed and stated that it was a joint submission in all respects.
Findings:
- For the reasons that follow, the panel found that Ms. Allen remains unfit to stand trial and that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the Detention Order with an increase in the area for community living as recommended by the hospital.
Alleged Index Offence:
- The circumstances of the alleged index offence are set out at pages 2-3 of the Hospital Report as follows:
“On Friday, June 25, 2021, at 1:15 p.m., ALLEN and KOLANKO were in the kitchen of the group home residence at 117 Peachtree Crescent, Cambridge. ALLEN struck KOLANKO on the left side of her face with a full Brita water jug without warning and without being provoked. KOLANKO cried out in pain and shock as ALLEN dropped the jug in the sink and ran upstairs to the bedroom area of the house.
At approximately 1:26 p.m., KOLANKO went upstairs to speak with ALLEN, finding her in the hallway outside of the bathroom. ALLEN pushed KOLANKO to the bathroom floor resulting in a minor foot injury to KOLANKO. ALLEN then went back downstairs. KOLANKO told all other residents to remain in their bedrooms.
At approximately 1:27 p.m., KOLANKO went downstairs to the main floor, finding ALLEN in the kitchen holding a knife with a 20cm blade. KOLANKO asked ALLEN to put down the knife, to which ALLEN responded, "I hate you! I'm going to kill you!" as ALLEN moved at KOLANKO in a stabbing motion with the knife. KOLANKO raised her right arm in defence as ALLEN stabbed KOLANKO in the back of her right hand, resulting in a severe arterial bleed. ALLEN then continued to stab KOLANKO in the face and head multiple times while yelling, "I'm going to kill you!" KOLANKO yelled out to ALLEN, pleading for her life as she attempted to get away. KOLANKO then slipped on her pooled blood, falling to the floor. As KOLANKO laid on the floor, other residents had heard the yelling and began to come out of their bedrooms. KOLANKO feared for the lives of the other residents, telling them to remain in their rooms.
KOLANKO then began to feel for her cell phone that lay on top of the kitchen island as she still laid on the floor so she could all for help. ALLEN took KOLANKO'S cell phone, threw it into the adjacent dining room and then said to KOLANKO, "nope, you can die." KOLANKO pleaded with ALLEN for her cell phone so she could call for help. ALLEN then threw KOLANKO'S cell phone at her saying, "I'll kill myself when I see the police," as she held the knife to her abdomen. KOLANKO then called 911 at 1:28 p.m. as ALLEN left the residence on foot.
KOLANKO was transported by ambulance to Hamilton General Hospital, where she received a blood transfusion due to loss of blood. She remained in hospital in stable, nonlife-threatening condition, being treated for the following injuries:
Lacerated artery on her right hand.
Stab wound on her left forearm.
Stab wound to the right eye socket.
Lacerated right eyelid.
Stab wound above her right temple.
Two large stab wounds to the top and frontal area of her head.”
Background:
Ms. Allen’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Ms. Allen is currently 29 years old. She has a younger half brother that she does not have much contact with. File information reflected that Ms. Allen was in and out of the care of the Children’s Aid Society since she was an infant, and became a Crown ward in June 2005 at the age of ten. It did not appear that she had much contact with her biological parents, and her mother died when she was 15 years old. Ms. Allen was identified as having developmental delays early in her life and there was a query regarding psychosocial deprivation. Ms. Allen had over ten foster care placements, and was often moved due to caregivers not being able to manage her behaviours and outbursts. She lived in a group home for her final three years in care, moved to another group home at age 18, and a third one at age 19. The third group home is where the alleged index offence occurred.
Ms. Allen reported that she did not pursue education after age 12. She was accommodated in special education classrooms and had Individual Education Plans throughout her school tenure. She attended multiple schools and was diagnosed with global developmental delay. She can read at a rudimentary level. Her only employment was delivering papers with other residents at her group home for two years.
Ms. Allen has no history of substance use.
Criminal History:
- Ms. Allen had no criminal record or history prior to the alleged index offence, however there were incidents where she was aggressive and violent and was taken to the hospital.
Psychiatric History:
The Hospital Report stated that file information indicated that Ms. Allen had previous diagnoses of bipolar mood disorder, cognitive developmental disability, history of brief psychotic episode, and multiple psychiatric hospitalizations due to psychosis/manic episodes. She was admitted to the Child and Adolescent Inpatient Unit at the Grand River Hospital on at least three occasions from 2012 to 2013 for aggression, mood elevation, and insomnia, and was treated with antipsychotic medications.
Ms. Allen had an increase in impulsive behaviour after turning 18, and was diagnosed with bipolar disorder with psychosis. She had multiple admissions to emergency departments due to running into traffic, lying in the road, paranoia, and hypersexual behaviours. She was followed as a psychiatric outpatient from approximately 2014 to 2018 and stabilized somewhat. It was unclear whether Ms. Allen received any treatment after 2018.
Ms. Allen was admitted to Southwest on January 11, 2022. While Ms. Allen generally presented as pleasant and cooperative, she exhibited positive and negative symptoms, as well as mood lability, impulsivity, and unpredictable behaviours. At times she endorsed auditory hallucinations and was seen responding to internal stimuli. Ms. Allen was described as seclusive, and required ongoing encouragement to leave her room or attend programming. This improved over time with the assistance of a behaviour analyst. Ms. Allen is compliant with medication.
Ms. Allen was noted to have poor insight into the alleged index offence, her mental illness, and her need for treatment. However, she recognizes that she has trouble reading and counting money and “wondered why she was not like other people.” She wants to know what happened to her in her childhood.
Ms. Allen visited her aunt on two occasions in 2023 and was also supported on various outings into the community. Ms. Allen was gradually introduced to the Community Living Elgin day program through Developmental Services Ontario (“DSO”). Ms. Allen was also placed on the DSO registry and waiting list for a supervised group home setting.
The Hospital Report stated that Ms. Allen’s current diagnoses are Schizoaffective Disorder and Intellectual Disability (moderate). However, Dr. Malka advised at the hearing that she believes that Ms. Allen was misdiagnosed with global developmental delay and intellectual disability as a young child. Dr. Malka is of the opinion that while there may be a possible mild intellectual disability, a more appropriate diagnosis is query Other Specified Trauma or Stressor-Related Disorder.
Ms. Allen was found incapable of consenting to treatment in February 2022. Her aunt had been her substitute decision-maker for a number of years, but unfortunately passed away in January 2025. Two of Ms. Allen’s other aunts have taken over the role.
Evidence at the Hearing:
The Hospital Report stated that Ms. Allen’s presentation was largely consistent with her baseline over the reporting year. Unfortunately, Ms. Allen’s most meaningful and consistent personal support, her aunt, passed away in January 2025 of cancer. Ms. Allen was provided with support from the treatment team, the hospital’s spiritual care practitioner, and the psychologist. Staff accompanied Ms. Allen to a Celebration of Life event for her aunt in Toronto where she was able to connect with family members. Ms. Allen continues to be fragile as a result of this loss, and there have been some more outbursts and decreased engagement in programming as a result.
The Hospital Report stated that Ms. Allen continues to have an underdeveloped understanding of her mental illness, although she has fair insight regarding her cognitive difficulties. She has poor insight into her need for treatment and requires ongoing supervision and support with medications.
The Hospital Report stated the following about the proposed change to the area allowed for community living (at page 22):
“Ms. Allen remained on the Developmental Services Ontario (DSO) registry and on the waiting list for a supervised group home setting, on an Alternative Level of Care (ALC) status. The treatment team are requesting an expansion in Ms. Allen’s geographic region for community living to increase her chances of receiving a placement at a home.”
Ms. Allen’s risk for violence over the coning year was stated to be low to moderate if she is managed in the hospital or in the community in approved accommodation on a Detention Order. If granted a less restrictive disposition her risk would increase to high. The re-offence scenario stated that without external supervision, Ms. Allen would not be able to manage her medications and would decompensate, resulting in symptoms of mania, psychosis, and violent behaviour.
The Hospital Report stated the following about Ms. Allen’s current assessment of fitness to stand trial (at pages 29-20):
“Ms. Allen remains permanently unfit to stand trial on balance of probabilities from a psychiatric perspective. She is unable to participate meaningfully in interviews and unable to answer basic fitness questions. She is unable to discuss her charges or the court process in any meaningful way. Her intellectual disability hinders her ability to retain information, despite efforts from staff to provide education. It is unlikely that she is aware of the possible consequences of her proceedings and would be unable to communicate with counsel in any meaningful way.” (Emphasis in original)
Dr. Malka testified that there had been some very recent developments in Ms. Allen’s case, such that she did not necessarily agree that Ms. Allen was permanently unfit to stand trial. Dr. Malka explained that severe neglect and deprivation in childhood can mimic developmental delay and intellectual disability, and it was her opinion that Ms. Allen had been misdiagnosed. Dr. Malka stated that a more appropriate diagnosis is query Other Specified Trauma or Stressor-Related Disorder. She explained that if a child does not have an environment where their brain can grow in the usual way, in a safe, supportive, and interactive environment, parts of their brain remain underdeveloped, including those that govern language, executive functioning, attachment, and emotional regulation. With appropriate treatment and support, research has shown that people can catch up and learn these skills. For these reasons, Dr. Malka stated that it was premature to state that Ms. Allen is permanently unfit, and she is hopeful that Ms. Allen will have the ability for more learning and regain fitness.
Dr. Malka testified that Ms. Allen has insight into her differences, and also has social awareness, which is unusual for someone with developmental delay. Ms. Allen has been described as “smart and witty” by staff, and is able to engage in social comparison. She is also able to use abstract vocabulary appropriately, and think in metaphors. Dr. Malka testified that Ms. Allen has “islands of strength”, and there is “more to her.” Ms. Allen has already shown some improvement in her ability to regulate herself, and Dr. Malka intends to conduct updated psychological and cognitive testing to see if Ms. Allen has made some progress in those areas.
Dr. Malka stated that Ms. Allen has an intense fear of abandonment, and noted that every time she has transitioned, such as aging out of a group home, or transferring units in the hospital, she has acted out. Dr. Malka testified that this is Ms. Allen’s primary risk factor and it needs to be managed very carefully in that Ms. Allen needs to be prepared and managed prior to any change. Dr. Malka stated that a consistent, dependable and positive therapeutic relationship is required to support Ms. Allen, and they are looking for an external therapist who is familiar with developmental trauma to work with Ms. Allen.
Dr. Malka stated that the medications that Ms. Allen receives are also important as they help her to regulate her emotions. However, Dr. Malka may make some adjustments to the medications as she does not want Ms. Allen to experience cognitive dulling. Dr. Malka stated that she wants to “see what Ms. Allen can do”, but any decrease in medication will be done slowly so that any resulting emotional dysregulation can be managed.
In terms of community living, Dr. Malka stated that Ms. Allen would first need to be moved to the rehabilitation unit, when she is ready. This would be a significant transition for Ms. Allen, so it would be a good intermediate step to see how she handles it before any move to the community.
Dr. Malka testified that she last assessed Ms. Allen’s fitness to stand trial one to two months ago, and she remains of the opinion she is unfit. Dr. Malka stated that Ms. Allen is more capable in some contexts than others, but when it comes to the legal case, she is confused. Dr. Malka stated that it was unclear to her at this time whether this was conscious or unconscious on Ms. Allen’s behalf, and noted that Ms. Allen may appreciate that her needs have been met as a result of her mental illness. Dr. Malka was clear that this was not malingering, but potentially a coping regression.
In response to questions from Mr. Gehl, Dr. Malka agreed that at the current time Ms. Allen is unable to take care of herself and would not be able to function outside of the hospital. She also agreed that Ms. Allen has “internalized self-protection mode” and that this was not a conscious choice.
Members of the panel asked Dr. Malka further about her opinion of Ms. Allen’s current diagnoses. Dr. Malka stated that she does not believe that Ms. Allen has schizoaffective disorder, but agreed that the diagnosis of intellectual disability should be maintained until further testing can be done. Dr. Malka intends to redo all psychological and cognitive testing, as well as occupational therapy assessments related to activities of daily living in order to see where Ms. Allen is at when viewing her through this new lens. Dr. Malka also wants to explore Ms. Allen’s internal world, and help her develop her sense of self, as it does not appear that this has ever been done with her. Trauma therapy will also be considered. Dr. Malka stated that her formulation is dynamic and can be adjusted.
Analysis and Conclusions:
Based on the Hospital Reports and the evidence of Dr. Malka, the panel found that Ms. Allen remains unfit to stand trial when considering section 2 of the Criminal Code and the relevant case law (including R. v. Bharwani, 2023 ONCA 203). Regardless of the diagnosis, Ms. Allen is affected by cognitive impairments and symptoms that affect her ability to understand the nature and/or consequences of legal proceedings, instruct counsel, and meaningfully participate in the court process. There have been multiple assessments of Ms. Allen’s fitness since the alleged index offence which have come to this conclusion, including Dr. Malka’s recent assessment. However, Dr. Malka does not support the diagnoses listed in the Hospital Report, nor the opinion that Ms. Allen is likely permanently unfit. Dr. Malka has proposed a new diagnosis and plan to assess and treat Ms. Allen going forward, and is hopeful that she will be able to progress in her learning and become fit to stand trial.
The panel accepted the joint submission that a continuation of the Detention Order with an increase in the area for community living was the necessary and appropriate, and least onerous and least restrictive Disposition for Ms. Allen at this time. Ms. Allen requires close supervision and monitoring to manage her challenging and at times violent behaviours, which continue at the current time. She has poor insight into her illness and violence risk, and needs supervision of her medications. As a result of her cognitive impairments and symptoms, Ms. Allen would be unable to organize herself outside of the hospital and would likely experience a decompensation in her mental state. This would likely cause Ms. Allen to act out violently with resulting harm to members of the public.
Expanding the geographical area for community living to the province of Ontario will increase Ms. Allen’s opportunities to live in appropriate supported housing in the community when the time comes. The hospital requires the ability to approve any housing to ensure that it meets Ms. Allen’s specific needs and mitigates any risk to the public. As of now, Ms. Allen is receiving the required support and treatment in the hospital, and is in a safe and stable environment. Dr. Malka and Ms. Allen were feeling positive about the progress that can hopefully be made in the coming year, and the panel supports this.
DATED this 12th day of May 2025, at the City of Toronto, in the Toronto Region.
Suzanne Clapp
Alternate Chair
Office of the Registrar
Ontario Review Board