Ontario Review Board
Re: Ty Blair
ORB File No: 8729
Hearing held on: Tuesday, April 22, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse
Members: Dr. S. Lessard
Dr. R. Cormier
Ms. M.L. Bridger
Ms. B. Naegele
Parties Appearing: Accused: Ty Blair Counsel: Ms. M. Munsterman Person in charge of the hospital: Representative Dr. F. Wood Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated May 21, 2025)
Introduction
On February 13th, 2025, the accused, Ty Blair, was found not criminally responsible on account of mental disorder on charges of Indecent Act, Mischief under $5,000, Criminal Harassment(x2) and Fail to Comply with Undertaking(x2), all contrary to the Criminal Code of Canada. At the time of the finding of not criminally responsible, the Honourable Court did not make a disposition and referred the matter to the Ontario Review Board.
On April 22nd, 2025, the Ontario Review Board convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the Hospital, to conduct an initial hearing for Mr. Blair pursuant to s. 672.47(1) of the Criminal Code. Mr. Blair attended his hearing and was represented by his counsel, Ms. Marni Munsterman. Also in attendance was Mr. Blair’s mother, Ms. Kathy Smith-Blair and a medical student.
At the outset of the hearing the following documents were entered into evidence.
Amended Release Order dated February 13th, 2025
Crown Brief Synopsis
Endorsed Information (x3)
Transcript of proceedings dated February 13, 2025
Forensic Assessment Report dated August 2, 2025
Psychiatric Assessment Report dated January 29, 2025
Hospital Report dated April 17, 2025
The issues for this hearing are whether Mr. Blair represents a significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.
Position of the Parties
Dr. Wood, on behalf of the hospital, submitted that significant threat was met and was advocating for a conditional discharge.
Ms. Dufort, on behalf of the Attorney-General, submitted that Mr. Blair was a significant threat to the safety of the public and would have questions for Dr. Wood on the disposition.
Ms. Munsterman, counsel for Mr. Blair, was conceding significant threat. She also agreed with Dr. Wood that a conditional discharge is the necessary and appropriate disposition.
For the reasons set out below, the Board finds that Mr. Blair poses a significant threat to the safety of the public and that the necessary and appropriate disposition is a conditional discharge with conditions as elaborated in the disposition Order.
Index Offences
- The circumstances of the index offences have been extracted from the hospital report and are summarized as follows:
“March 5 to 6, 2022
Indecent Act – public place (one count)
Mischief – renders property dangerous, useless, inoperative or ineffective (one count)
According to the Crown Brief Synopsis, on December 1, 2021, an unendorsed bench warrant was issued for Mr. Blair failing to appear for court. He was subsequently arrested on March 05, 2022 and transported to the Renfrew OPP detachment. The guard on duty went to get Mr. Blair a meal at his request, and she returned to find him at his cell door with his penis out and masturbating. He took the meal with one hand while continuing to masturbate with the other. She left the cell area and returned to the guard station, noting that Mr. Blair continued to manipulate his penis afterwards.
About four hours later, an officer attended Mr. Blair’s cell and placed in shackles to cease his masturbating. Mr. Blair expressed not feeling well, so an ambulance was called. However, Mr. Blair continued to masturbate with the shackles, so he was handcuffed to the rear instead. Throughout this time, he was observed smearing his ejaculate throughout the cell. He was taken out of his cell at 20h33 and returned at 22h27.
At about 5h58, Mr. Blair was observed sticking a plastic fork from his dinner in the cell locking mechanism of the cell door. The fork was taken away and it was confirmed that the lock was intact. At about 6h16, the officer returned to Mr. Blair’s cell and turned off the water after Mr. Blair was observed running the sink taps and trying to flood the cell. During both interactions with the officers, Mr. Blair was observed to have his flaccid penis hanging out of his open zipper.
At 09h15, Mr. Blair was removed from his cell and was subsequently released on a Release Order. It was noted that his penis was not exposed at this time, and he was described as polite and cooperative throughout the interaction. At 10h10, Mr. Blair read his rights to counsel and caution, and he stated understanding both and declined to speak with counsel at that time. He was again described as polite and cooperative throughout the interaction. He was subsequently released on an undertaking. As a result of Mr. Blair’s behaviour, the cell was taken temporarily out of service due to biohazard concerns.
May 26 to June 27, 2022
Criminal harassment – beset and watch complainant (one count)
According to the Crown Brief Synopsis, the complainant, Ms. Basler, informed police that Mr. Blair had been watching her home address since May 26, 2022. She informed police that she would visit her friend that lived in an apartment in the same building as Mr. Blair, where Mr. Blair had seen her visit the friend in the past. Other than seeing each other from a distance, there was no other reported association between the two parties. As such, Mr. Blair was given a warning.
Mr. Blair was subsequently charged with trespassing on June 17, 2022, as he was previously informed he was not welcome on the property. On June 19, 2022, Mr. Blair was again seen in the area of the property. Although he did not enter the property, he was sitting on the sidewalk and looking towards the house at the end of the neighbour’s driveway. When spoken to, he left without issue.
On June 23, 2022, the complainant called police again to report that she had met with a Justice of the Peace at the courthouse to request a Peace Bond against Mr. Blair, which was seemingly recommended by officers during the previous occurrences. The Justice of the Peace reviewed the information and suggested she contact police for a possible criminal harassment charge. She subsequently provided an audio statement.
July 12, 2022
Mischief – obstructs, interrupts or interferes with the lawful use, enjoying or operation of property (one count)
According to the Crown Brief Synopsis, on this date, Arnprior OPP were dispatched to a suspicious person located at the Arnprior District High School. The complainant was identified as one of the teachers at the school, and she recognized Mr. Blair from teaching him eight years prior. She advised that Mr. Blair had been lurking around the school while a volleyball camp of about 75 children was present. After being ejected from the school, Mr. Blair was once again found lurking around the property, attempting to coax the children to let him in the school by pounding and yelling through the windows in an aggressive manner and telling them to open the door. When Mr. Blair recognized that one of the students was recording the interaction, his demeanour apparently changed to being more friendly.
The day before, Mr. Blair was found lurking inside the school and was directed by the teacher to exit the school and not return. Mr. Blair made some disarming comments to the teacher, asking about the program at the school and their purpose there. It was added that Mr. Blair was inside the school while only wearing long underwear.
Due to his behaviour,, the teacher expressed fear and concern that would require extra measures to secure the school and ensure safety of the children. As a result, police formed reasonable grounds to charge Mr. Blair of Mischief. He was arrested, read his rights to counsel and caution, all of which he said he understood and had the opportunity to speak with a lawyer. He was released on a Form 10 Undertaking with a First Appearance date of September 07, 2022.
July 24, 2022
Failure to comply with undertaking (one count)
Criminal harassment – beset and watch complainant (one count)
Failure to comply with undertaking (one count)
According to the Crown Brief Synopsis, on this date, the complainant, Ms. Basler, called police to state that Mr. Blair had been by her house at least seven times in the last three hours despite his conditions to not communicate or be near her house. The last time she saw him, he was heading towards Harrington Street after he spoke with her four-year-old child, who was on their bicycle at the time. It was explained that Mr. Blair walked past her while she was with her child, and that he almost brushed up against the side of her and looked directly down at her four-year-old son and said “hi” and then kept walking past them. She added that Mr. Blair was again outside of her residence a short while later, and that he stared at the house as he passed by. A neighbour, who lived directly across from her residence also witnessed this while getting into his vehicle, and he apparently went over to her residence to make sure she was okay and advised her to call 911.
Police attended Mr. Blair’s residence and knocked on the door, resulting in Mr. Blair exiting the front door, coming out onto the front porch, and made efforts to collect some of his belongings. He was informed that he was under arrest due to the events with the complainant, and it was felt that he was confused as to why he was being arrested.
It was reported that Mr. Blair was given an opportunity to speak with Duty Counsel. When he got off the phone, he stated he was dissatisfied with his legal advice and requested a lawyer list. He then picked out a lawyer, and the officer called and left a voicemail with details to call back. Mr. Blair was then held for show cause.
On route to the Renfrew Detachment, Mr. Blair was noted as exhibiting signs of mental health issues, being delusional and speaking to himself about light communications from both his father and Bethany. He questioned the officer several times if he was aware of light communications. While in cells, Mr. Blair was observed eating his own feces after using the toilet, where he removed it from the toilet and placed pieces of it in his mouth, which continued for some time. The officers flushed the toilet and told Mr. Blair to cease eating his own feces.”
Background History
Mr. Blair’s personal information is set out in detail in the hospital report dated April 17th, 2025. Briefly summarized, Mr. Blair is presently 30 years of age, was born in Gatineau and moved to Arnprior at the age of 3 years. He was raised by his mother and father, who were married. His father was mostly out of the home and at work while his mother was a homemaker when Mr. Blair was a child. His father, Michael, worked in demolition and asbestos removal for over 30 years. His mother, Kathy, worked in a jewelry store before having children and returned to the workforce when Mr. Blair was about 13 years old, when she worked in unskilled labour jobs. He grew up with his two younger sisters, Liv and Abbey.
He described his childhood as “boring” and said he often stayed at home and was involved in few activities. He attended Boy Scouts until age 13. Mr. Blair denied physical or sexual abuse but experienced arguments between his parents. They would “scream” at him at times when not following through on tasks and chores.
Mr. Blair was educated in the English language public school system. He did fairly well during his primary school years. He did not endorse any problems with behaviour, attention/hyperactivity, or learning. He does not believe he was ever assessed for learning disabilities or received special assistance in school. He stopped attending school in Grade 10, which was when his grades fell from A’s to D’s. He still has one English credit to complete to get his high school diploma.
Mr. Blair has worked in a variety of entry-level jobs since late adolescence, both in the food and labour industries. His longest place of employment was Kentucky Fried Chicken (KFC) restaurant from 2012 to 2018. He and the manager had a disagreement that eventually led him to quit due to lack of growth potential. He then worked in landscaping for a few months, demolition work for three years, and worked at other restaurants (Wendy’s and Tim Horton’s). He is currently unemployed after being laid off a few months ago from a house framing job. His main source of financial support is Ontario Works; he has applied for ODSP and is awaiting news of his acceptance.
Mr. Blair reported having one romantic partner, his ex-girlfriend, Kerstin. They were together for about five years, from the age of 19 to 25. They argued on occasion but there was no abuse or violence in their relationship. Together, they have a son named Silas who is 5 years old and living with Kerstin in Arnprior. Mr. Blair and Kerstin are on good terms and communicate without having confrontations or arguments. He sees Silas mostly every other weekend at his home where he lives with his parents. They enjoy playing video games together. Mr. Blair indicated that his visits with his son are not supervised.
Mr. Blair was living in a rented apartment in Arnprior until he was taken into custody in the summer of 2022. He has resided at the home with his father, mother, and younger sister in Arnprior since his release from Ottawa-Carleton Detention Centre (OCDC) in September 2022. When asked about his daily activities and interests, he reported that he spends some of his time doing chores and playing video games on occasion.
Mr. Blair was not aware of any family members who struggled with mental health or addictions or having a history of suicide.
Mr. Blair occasionally smokes cigarettes, currently a half a pack per day, and has been smoking for 10 years. Regarding alcohol use, Mr. Blair drinks one to two times a week, stating he has two to three tall cans of beer at each sitting when relaxing, either alone or with others. He was guarded when asked about current or previous features of alcohol use disorder. Although medical records support a diagnosis of alcohol use disorder the severity of the disorder needs to be clarified.
Mr. Blair used to smoke cannabis regularly until two years ago. When he was using cannabis, he would smoke 3-5 grams of cannabis a day using a bong. At one point, he was using much more, smoking about half an ounce per day. He smoked cannabis heavily and daily since he was about 13 years old. He endorsed a history of tolerance, withdrawal, cravings, using larger quantities and longer than expected, and difficulties controlling his use. He stopped using cannabis two years ago due to its negative effects on his mental health.
Regarding cocaine use, Mr. Blair last used cocaine in October 2024 when he was with a friend. He snorted one line of cocaine and drank four tall cans of beer on that occasion. This incident led him to experience hallucinations and he was ultimately admitted to the Arnprior Memorial Hospital where he was treated for rhabdomyolysis. (Rhabdomyolysis is a rare and serious condition that occurs when damaged muscle tissue breaks down and releases its contents into the bloodstream). Prior to this incident, Mr. Blair used cocaine last in March of 2024 and states he typically uses cocaine once every 6 months on average, typically with friends.
Mr. Blair also endorses using magic mushrooms on rare occasions, stating the last time he used mushrooms was six months ago. He endorses experiencing hallucinations of patterns and shapes at the time of use but denies that this was distressing. He was vague regarding his pattern of cocaine and psilocybin. He did not endorse a history of problems associated with regular/frequent use of these substances, although he acknowledged their negative effects on his mental health. He indicated that he avoids these and other substances for this reason.
Mr. Blair denies using any other substances in the last few years. He does state that he previously experimented with multiple substances in his teens.
Legal History
- Mr. Blair was previously charged with one count of Failure or Refusal to Provide a Breath Sample for an incident on June 18, 2021, when he was reported to refuse to participate with the breath sample test. This followed a report from his spouse that he was driving while being “severely impaired.” Ontario Provincial Police (OPP) officers located him at a bank where he smelled strongly of alcohol and appeared to have urinated in his pants. He was charged with Failure to Attend Court for an incident on September 22, 2021.
Psychiatric History
Mr. Blair reported to Dr. Wood that he had psychotherapy at the age of 14. He recalled wanting to commit suicide at age 10, and he abandoned an attempt to hang himself with a belt. His first psychiatric assessment for court was done by Dr. Floyd Wood, forensic psychiatrist while in custody at the OCDC in August, 2022 and as an outpatient following his release to the community. Mr. Blair has schizophrenia and was very ill with paranoid delusions and engaged in behaviour such as eating his own feces. His mother was very concerned when her son insisted there were men outside their home in Arnprior pointing guns at them, although no one was there. She took him to their local hospital. His mother reported very bizarre behaviour beginning early in 2021 and 2022. His periodic use of substances may have contributed to this. Dr. Wood stated that Mr. Blair was mortified upon learning of the behaviour outlined in the police synopsis and could not remember doing those things. Although Mr. Blair was upset with the diagnosis of schizophrenia, he began taking medication as prescribed by Dr. Wood and he is now free of delusions and hallucinations. He has also abstained from the use of alcohol and illicit drugs. A more detailed report of Mr. Blair’s journey from severe illness to reaching for mental health can be found in pages 7 through 14 of the Hospital Report.
Mr. Blair’s current diagnoses are:
Schizophrenia
Cannabis Use Disorder, in reported sustained remission
Alcohol Use Disorder, in reported sustained remission
Query Stimulant Use Disorder, in reported sustained remission
Evidence at the Hearing
The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. Floyd Wood. This evidence is summarized below.
Dr. Wood stated that he did the original assessment on Mr. Blair. The index offences are from 2022 and Dr. Wood has been treating this patient as an accused in the Mental Health Court of Pembroke since that time. Mr. Blair got frustrated because there was a great deal of waiting for resources in the community.
There was a discussion between Dr. Wood and the patient about access to resources and that he needed an addictions’ counsellor for alcohol and potentially other drugs. He worked as a pizza worker and lived with his mother and stepfather. He did miss a couple of appointments but these were rescheduled.
Mr. Blair’s current diagnosis is Schizophrenia which he learned after contact with the law. If he misses a dose of his medication he can lapse into confusion and disorientation. Dr. Wood did say when his patient becomes unwell his mother notices very quickly. He had a brief hospitalization and his medication was changed from Invega to Abilify.
The accused comes before us to have better access to mental health resources than he has in the community of Arnprior. He would get an addictions worker from the Royal; he would also see a vocational counsellor and an occupational counsellor. As stated, his medication was changed to Abilify and Dr. Wood was contemplating taking him off Cogentin. The Doctor testified if all goes as well as it has been for the next year, that he would be proposing an absolute discharge at next year’s hearing.
Mr. Blair does have a six-year-old son that plays a role in this because one of the index offences occurred at the Arnprior District High School and he is not allowed to be there but Dr. Wood felt he should be allowed to go to his son’s elementary school.
In response to questions from Ms. Dufort, Dr. Wood stated there was no need to either contact the victim Ms. Basler or the Arnprior District High School.
Dr. Wood stated that there should be a prohibition against the use of alcohol and drugs. He also stated there was no need for a section 672.5 consent to treatment order. Mr. Blair is willing to continue to engage with treatment. Dr. Wood wants Mr. Blair to submit to random drug tests. The nurses can arrange that to be done in Arnprior so he does not have to come to Ottawa.
In response to questions from Ms. Munsterman, Dr. Wood stated that Mr. Blair participated voluntarily before the finding of NCR. He had stayed in the Mental Health Court but then got interested in NCR. In the first hearing at that stage there was openness. He is willing to follow the recommendations including medication. Mr. Blair’s mother now accepts and understands the diagnosis. Since he has been on medication conflicts in the family relationships have been resolved. There were changes in medication because the Invega was making him very sleepy.
There was an event in October, 2024 which involved cocaine use that resulted in him being hospitalized for about eight days.
In response to a question from a panel member, Dr. Wood stated that Mr. Blair was living with his parents and younger sister.
In response to a question from the Alternate Chair, Dr. Wood was asked if Mr. Blair could receive psychiatric help in Arnprior, especially were he to receive an absolute discharge. Dr. Wood stated he may not be a candidate because he is well at the moment, but at first he had no insight into his illness. Asked if Mr. Blair would be open to injectable medications, the Doctor said he thought he would be.
The hospital’s risk assessment is found on pages 29-31 of the hospital report and is set out as follows:
“In assessing Mr. Blair risk of future violence, the writer used the HCR-20, version 3, a structured clinical judgment instrument. The writer is of the opinion that he presents as a moderate-to-high risk of future violence, namely any aggressive behaviours that he has exhibited in the past, specifically assault.
Mr. Blair has the following risk management (future) factors: (As the more lengthy report is contained in the Hospital Report, these have been abbreviated to the following):
R1: Future problems with professional services and plans – Mr. Blair is open to the involvement of services. Nonetheless, he has had intermittent contact with an addictions counsellor in Arnprior for unclear reasons aside from perhaps the excessive sedation he was experiencing at the time.
R2: Future problems with destabilizers – Mr. Blair currently is struggling with employment and finances as well as strain with his child’s mother.
R3: Future problems with personal support – He has ongoing support from his mother and stepfather, who have been heavily involved since his release from custody.
R4: Future problems with noncompliance with remediation attempts – Mr. Blair has previously engaged with an addictions counsellor off-and-on, where it is unclear why there were periods of no contact.
R5: Future problems with stress or coping – Mr. Blair has a risk of going back to substances during periods of stress or boredom.
When looking at positive features, Mr. Blair has been engaging with the writer in ongoing follow-up appointments since September 2022. He has also been agreeable to do multiple medication trials to address his psychotic symptoms and side effects despite initially being upset about being told he had a diagnosis of schizophrenia.”
- No other evidence was presented.
Submissions of the Parties
Dr. Wood said he had nothing else to add. He thought it bodes well for a good prognosis. Mr. Blair is open to medication and treatment and that the Disposition should be for a conditional discharge with a condition that he notify the Board of any change in address 24-hours in advance of any such move.
Ms. Dufort, on behalf of the Crown, submitted that she was ad idem with the conditional discharge. She again indicated a s. 672.5 consent to treatment order was not necessary as he was amenable to treatment. She also stated that there should be a non-contact provision with the complainant and that he not attend Arnprior District High School.
Ms. Munsterman, on behalf of Mr. Blair, joined in the hospital’s recommendations and also stated that the consent to treatment order was not necessary as Mr. Blair was amenable to treatment. Also, that there be a non-contact provision with the complainant and that he not attend Arnprior District High School.
With regard to treatment, it was a joint submission.
Analysis and Conclusion
The panel retired to deliberate. We noted that although this was an initial hearing for Mr. Blair before the Ontario Review Board, he had been under Dr. Woods’ care for two years. He chose to put himself under the jurisdiction of the Board in part to obtain access to better services than those available in the community – i.e. rapid access to an addictions counsellor and vocational counsellor. He has made tremendous strides under the care of Dr. Wood without any further involvement in the criminal justice system. He is abstaining from alcohol and drugs and living harmoniously with his family. He is involved with his six-year-old son. He takes the advice of Dr. Wood. As Dr. Wood stated, Mr. Blair’s prognosis is good.
Having considered all of the evidence tendered at the hearing and the joint submission of the parties, the Board does find that Mr. Blair poses a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada, and as further defined in the Winko decision. Our finding of significant risk is based on the evidence of the recent history of cocaine use, the ongoing adjustments to his antipsychotic medication and the risk of destabilization stemming from stressors related to employment and finances.
We have taken into consideration the factors at section 672.54 of the Criminal Code of Canada, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs in coming to the unanimous finding that a conditional discharge with conditions that he:
report as directed but no less than once a month,
abstain absolutely from the use of alcohol and non-prescribed drugs, and submit to testing for these substances as required,
not attend at the premises of Arnprior District High School, and
have no contact directly or indirectly with the complainant, Bethany Basler
is the least onerous and least restrictive Disposition at this time.
The Board commends Dr. Wood for the excellent progress made with his patient.
The Board commends Mr. Blair’s efforts and wishes him continued success in the year to come.
DATED this 21st day of May 2025, at the City of Toronto, in the Toronto Region.
Ms. M.L. Bridger Legal Member
Office of the Registrar Ontario Review Board