Ontario Review Board
Re: Eric Gravel
ORB File No: 7962
Hearing held on: Thursday, April 3, 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. Kunjukrishan Dr. A. Gibas Ms. M. den Haan Mr. M. Hajek
Parties Appearing: Accused: Eric Gravel Counsel: Ms. D. Dickinson
The person in charge of hospital: Counsel: Dr. A. Alabi
Attorney General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated May 20, 2025)
Introduction:
1On October 20, 2021, Eric Gravel was found Not Criminally Responsible on account of mental disorder on charges of possession of weapons dangerous and carrying a concealed weapon, contrary to the Criminal Code of Canada (“the Criminal Code”).1
2Mr. Gravel is currently subject to a Disposition of the Ontario Review Board (“ORB” or “the Board”) dated December 20, 2023. He is detained at the Forensic Treatment Unit of the Brockville Mental Health Centre (“BMHC” or “the Hospital”) subject to a number of conditions, including that he abstain from non-medical use of intoxicants and a weapons prohibition, as well as an envelope of privileges the maximum of which is to live in the community in accommodation approved by the person in charge of the Hospital.
3The Board convened a hearing on April 3, 2025 to conduct the annual review of Mr. Gravel’s disposition order, pursuant to s. 672.81(1) of the Criminal Code. Mr. Gravel was present at the hearing and represented by counsel, Ms. D. Dickinson. Also present to support Mr. Gravel was a hospital staff member, Ms. Philips.
4A preliminary issue was addressed at the outset of the hearing as the psychiatrist member of the panel had historical professional involvement with Mr. Gravel. The parties were canvassed as to any objection to the member continuing to hear and participate in the determination of the issues before the Board. There were no objections and the hearing proceeded before the panel. There was also a review and resolution of preliminary issues related to some typographical/administrative errors in the updated Hospital Report and addressed accordingly.
5At the hearing, a Hospital Report dated November 18, 2024 was entered as Exhibit 1, Mr. Gravel’s CPIC report dated March 17, 2025 was entered as Exhibit 2 and an updated Hospital Report dated March 17, 2025 was entered as Exhibit 3.
6The issues for this hearing are whether Mr. Gravel represents a significant threat to the safety of the public and, if so, to determine the necessary and appropriate disposition.
7Based on the evidence and submissions received, for the reasons set out below, the Board finds that Mr. Gravel poses a significant threat to public safety and that the necessary and appropriate Disposition is that he remain subject to a detention disposition on the same terms and conditions as are currently in place.
Index Offence:
8The following description of the index offences is taken from last year’s Reasons for Disposition dated February 15, 2024:
On Wednesday, July 14, 2021, at around 20:41, a witness observed Mr. Gravel pointing a revolver style handgun, while situated on the upper level of a parking garage in the Byward Market in Ottawa. The witness waved down an Ottawa Police Service officer's cruiser and described Mr. Gravel to the officer who then located Mn Gravel in the roof top parking lot of the garage. He had visible scars on his right arm and was wearing a satchel secured to his body and it appeared to have a heavy weighted object in it. Mr. Gravel's hand trembled as he reached into the outer zipper of his satchel to retrieve his wallet when the officer asked for identification. Upon its removal, a heavily weighted object was still visibly contained within the satchel. When asked if there was a gun inside, Mr. Gravel replied, "yes". He unzipped the larger pocket and the officer observed a handle of a revolver-style starter gun. He was placed under arrest When searched, two small blue dime bags filled with small metal pellets were located on his person, Similar type of pellets were located into the chamber of the modified starter gun. The starter pistol was loaded with five rounds of ammunition stamped 9mm, but the rounds were blanks. A circular box of 9mm blank rounds were located in his satchel as well. Mn Gravel was cooperative during transportation.
During a search of his satchel, officers also located three loose yellow pill capsules and after an internet search, they appeared to be possibly Lithium Carbonate 300 mg pills.
Background and Personal History:
9Both hospital reports contain detailed information regarding Mr. Gravel’s background which does not need to be repeated in full here. Briefly, for context, Mr. Gravel is now 28 years of age. He was born in Montreal. Mr. Gravel’s father worked for the military and the family moved many times during Mr. Gravel’s childhood. These numerous disruptions were reportedly very hard on Mr. Gravel.
10Mr. Gravel was very close to his father. Unfortunately, his father passed away from lung cancer in 2011, which was also very hard on Mr. Gravel. After his father’s death, Mr. Gravel continued living with his mother at her home in Cornwall, but also spent a lot of time on the streets and “couch-surfing” during this time. Mr. Gravel became increasingly depressed and started using drugs and alcohol. In July 2019 Mr. Gravel attempted suicide and was hospitalized. He did not return to his mother’s home after that and at the time of the index offence in July 2021, had been living in Ottawa for approximately three years. He was residing in a boarding house with a number of other individuals.
11Mr. Gravel’s mother eventually returned to Montreal, where she continues to reside. Mr. Gravel and she have not had face-to-face contact since they last resided together, in part because of her health. Recently there has been some virtual contact between them via Zoom. He has an older half-sister with whom he has a good relationship, but she currently lives in British Columbia.
12As a child, Mr. Gravel did not do well in school. His mother reported this was because he was learning English and French at the same time. No specific disabilities were identified, other than potential Attention Deficit Hyperactivity Disorder (ADHD). He began to exhibit some defiant and disruptive behaviours in elementary school. He received support in the classroom. In later years, Mr. Gravel attended St. Lawrence College, enrolling in two programs: welding in 2013-2014 and accounting and marketing in 2015-2016. He did not complete either program.
13Mr. Gravel has held several jobs, primarily in the retail sector (Bulk Barn, and a Sears warehouse among others) but each of these ended relatively quickly for a variety of reasons. Prior to his incarceration in 2021, he was receiving financial assistance through the Ontario Disability Support Program (ODSP) because of a spinal cord injury and nerve damage occasioned by a serious incident of self-harm in July 2019. He has expressed a desire to one day become a fitness trainer.
14Mr. Gravel has a criminal record, which includes the following convictions:
- December 21, 2017 — Fail to Attend Court — suspended sentence & twelve months probation;
- December 21, 2017 — Break Enter and Commit — suspended sentence, twelve months probation and 104 days pre-sentence custody;
- December 21, 2017 — Fail to Appear (three counts), Fail to Attend Court – suspended sentence and twelve months’ probation;
- March 29, 2018 — Assault with a Weapon — one day, eighteen months’ probation, 97 days pre-sentence custody, and discretionary weapons prohibition for five years;
- March 29, 2018 — Fail to Comply with Probation Order— 30 days concurrent and eighteen months' probation.
15More generally, Mr. Gravel’s history reveals a connection between substance use, psychosis, falling away from treatment with antipsychotic medication and aggressive behaviour. For example, in 2019 he hit his mother in the back of the head with a rock. Earlier in the day, he told her he was receiving messages in his head and seeing messages on the walls. His mother reported that Mr. Gravel has been interested in weapons since he was a young boy, and that he had knives and air guns when he was living with her in Cornwall.
16After the death of his father Mr. Gravel became depressed and by age 16 started using drugs and drinking alcohol. By the time he was 21 he was using alcohol and non-medically prescribed drugs on a daily basis. Drugs of choice included cannabis, cocaine and crystal methamphetamine, among others. His depression worsened and he later confirmed he had also developed psychosis, as well paranoid and persecutory ideation.
17In July 2019 Mr. Gravel attempted suicide by slitting his wrists and throat and stabbing himself in the spinal cord, causing serious injuries including brain damage and memory loss as well as paralysis in his right arm.
18The Hospital Reports detail Mr. Gravel’s subsequent engagement with mental health services in the community prior to the index offence, including Mr. Gravel reportedly being diagnosed with schizoaffective disorder, depressive subtype; residual ADHD symptoms, cannabis and stimulant use disorder, possible PTSD and possible neurocognitive disorder. Various medications were recommended but he fell away from treatment and follow-up prior to the index offence.
19After being found NCR on the index offences, Mr. Gravel came under the jurisdiction of the Board. He initially resided at the Royal Ottawa Mental Health Centre (“ROMHC” or “the Royal Ottawa”).2 An occupational needs assessment revealed that Mr. Gravel was best suited for placement in a transitional home where he could be supported in developing more independent living skills. In January 2022, he was discharged to the LeBreton transition home. He was readmitted to hospital on May 15, 2023 due to substance use, medication non-compliance, antisocial behaviours/gravitating to antisocial peers and lack of engagement in programming. His use of substances was so extensive that he eventually had a seizure while at LeBreton due to polysubstance overdose. In hospital, he was confined to the Forensic Rehabilitation Unit (FRU) due to repeated instances of drug use (methamphetamine and amphetamine, MDMA and cocaine). He was suspected of being involved in a break-in to the unit canteen.
20A Restriction of Liberty (ROL) hearing was held on June 9, 2023 at the Royal Ottawa Mental Health Centre. The Board found that the ROL was necessary and appropriate. On July 12, 2023, Mr. Gravel was transferred to the more restrictive Assessment Unit after he was found diverting medications to co-patients and using substances on the FRU. He remained on the Assessment Unit until September 15, 2023, when he was transferred back to the FRU to facilitate his participation in a virtual Concurrent Disorders Unit program. Notwithstanding completing this program, Mr. Gravel continued to struggle with abstinence, testing positive on many urine drug screens. It was thought his use of substances was primarily a means of coping with stress. He was guarded with staff around his substance use. On August 25, 2023 he eloped from the FRU for a few hours in response to relationship stress. On the weekend of September 23, 2023, he was involved in breaking into the unit canteen. On October 5, 2023, he used abusive language and slammed doors toward nursing staff in response to having his privilege levels reduced following a positive urine drug screen.
21At Mr. Gravel’s annual review hearing in December 2023, the ROMHC requested that he be transferred to the Brockville Mental Health Centre. Mr. Gravel’s transfer from ROMHC to the Hospital in Brockville was occasioned by a number of factors, including Mr. Gravel arranging to have illicit substances delivered to his unit in exchange for financial compensation, continued use of substances, his lack of sustained engagement in treatment initiatives and exit-seeking behaviour. ROMHC was of the opinion that Mr. Gravel required a prolonged period of admission and that BMHC was better equipped to facilitate longer stays in hospital. It was hoped that the new environment at BMHC would help Mr. Gravel develop more internal motivation to remain abstinent. Additionally, the progressive, incremental approach to granting privileges at BMHC might enable Mr. Gravel to slowly increase his coping skills and to access meaningful vocational programming. Over time, this would provide him with a better chance of recovery and eventual reintegration in the community. The Board granted the transfer request, finding that Mr. Gravel lacked motivation and was stuck in a pattern of spending his time and energy seeking out substances and that a change in his situation was warranted.
22Regrettably, neither the Hospital Report dated November 18, 2024 nor the Updated Hospital Report of March 17, 2025 indicates when Mr. Gravel was admitted to BMHC and as such it is difficult to ascertain the forensic setting in which certain events occurred. However, by early October 2024, Mr. Gravel began refusing his psychotropic medications (aripiprazole, olanzapine) due to his belief that he did not need them. He quickly became psychotic, paranoid, uncooperative and argumentative with staff and aggressive towards other patients. He became fixated on a female staff member, necessitating her reassignment from his care. His insight into his deterioration was noticeably absent. On October 17, 2024, he was found incapable of consenting to treatment with antipsychotic medication. He challenged the incapacity finding at the Consent and Capacity Board but after speaking with legal counsel, withdrew the challenge. Medication was restarted (paliperidone IM and oral olanzapine). Mr. Gravel gradually responded to treatment but residual psychotic symptoms have continued. Some rude and obstreperous behaviours have occurred but nothing approaching the seriousness of his behaviours in 2023 and earlier in 2024. At some point, Dr. Alabi became the most responsible physician for his care.
Current Diagnoses:
23Mr. Gravel’s current diagnoses are:
- Schizoaffective Disorder, depressive type
- ADHD, by history
- Cocaine Use Disorder
- Amphetamine type, Substance Use Disorder
- Cannabis Use Disorder, in remission and Alcohol Use Disorder, in remission
Evidence at the Hearing:
24The parties were canvassed as to their preliminary, without prejudice recommendations on the issues before the Board. The Hospital’s representative, Dr. Alabi, submitted that Mr. Gravel represents a significant threat to the safety of the public and that the terms and conditions of the existing detention Disposition should remain in force. Counsel for the Attorney General, Mr. Schultz supported the Hospital’s recommendations. Mr. Gravel’s counsel, Ms. Dickinson, indicated that significant threat would not be an issue at the hearing and her client understood a detention disposition would continue. She noted Mr. Gravel’s wish to move to supervised community accommodation.
25The Board had available to it the information contained in the documents forming the Record, including the evidence contained in the two Hospital Reports and Mr. Gravel’s CPIC record. In addition to the documentary evidence, the panel received the oral evidence of Mr. Gravel’s attending psychiatrist, Dr. A. Alabi who endorsed the contents of the hospital reports and provided additional information on Mr. Gravel’s course over the past year in review. The evidence, including the information commencing at page 23 of the updated Hospital Report, confirms that for the last number of months, Mr. Gravel has been doing much better than earlier in the year. Dr. Alabi indicated being quite pleased with Mr. Gravel’s recent progress.
26On a positive note, Mr. Gravel has increased engagement in socialization groups and recreational activities such as walking around the track in the Secure Yard and the Treatment Mall Socialization Group where he enjoys using the computer to listen to music. He has for the most part followed rules, is well groomed and has kept his living space reasonably tidy. Importantly, he has progressed in that he had been in the more secure B4-South unit but given his more recent progress, he has now been moved to the less restrictive B4-North unit.
27On a less positive note, his participation in psychoeducational groups has been limited. His compliance with medication fluctuates as he becomes fixated on potential side effects of his psychiatric medications such as neuroleptic malignant syndrome, causing him considerable anxiety. He has reported rigidity of his tongue. He can be both concrete and rigid in his thinking and has demonstrated some short-term memory deficits. This could be part of an underlying cognitive impairment which is awaiting further neurocognitive and occupational functional assessment. Mr. Gravel has had several incidents, listed on pages 23 and 24 of the updated Hospital Report, where he has engaged in rude and intimidating behaviours and on November 23, 2024 he attempted to destroy BMHC property. As noted on page 24 of the updated Hospital Report, Mr. Gravel has been observed to laugh or smile to himself, suggesting there are underlying chronic paranoid delusions. His insight into his mental disorder is limited.
28However, from December 2024 to the date of his pre-Board conference on February 27, 2025, Mr. Gravel has not refused medications nor has he engaged in any activity that meets the criteria for inclusion on the Aggressive Incidents Scale (AIS). Dr. Alabi is hopeful that Mr. Gravel’s recent progress will lay the groundwork for greater participation in psychotherapeutic initiatives which target increasing his insight and developing better (i.e. non-pharmaceutical) coping strategies.
29As for the issue of significant threat, Dr. Alabi endorsed the risk assessment considerations set out at pp 25 to 26 of the Updated Hospital Report which, in sum, characterize Mr. Gravel’s risk of future violence as moderate to severe at this time.
30In response to questions from Ms. Dickinson regarding the timeline for Mr. Gravel to move to a less restrictive environment, Dr. Alabi relied upon the continued concerns of the Hospital as set out in the reports and recommended a cautious approach to implementing privileges. He noted Mr. Gravel does have the privilege to visit family in Montreal and that doing this successfully this would augur well for further liberalizing his privileges. The Hospital would also like to see Mr. Gravel demonstrating some improved insight into his need for medication and how stress and other issues can impact on such needs. In response to a question about a transfer back to Ottawa, Dr. Alabi indicated he would not necessarily be opposed but would prefer that Mr. Gravel develop a track record of stability, participation in programs and appropriate exercise of the privileges currently available to him in his Disposition before going down that route. Dr. Alabi indicated that, by history, it was unlikely that Mr. Gravel would be ready to be discharged to the community within the reporting year, but that in many respects, the “ball was in Mr. Gravel’s court” as it were. That is, forward progress would depend on Mr. Gravel’s engagement in treatment, including remaining abstinent, complying with his medication regimen and not posing management difficulties.
31Several of Ms. Dickinson’s questions quite properly explored Mr. Gravel’s wish to utilize the gymnasium facilities to improve his fitness, and also whether there were barriers to Mr. Gravel focusing on his aspiration of becoming a ‘rapper’ given his interest in music. Dr. Alabi was not aware of any impediment to Mr. Gravel having access to the gym, and indicated he would look into this issue.
32In response to questions from the psychiatrist member of the panel, Dr. Alabi confirmed that Mr. Gravel was transferred from the assessment unit to B4 North. Due to the recency with which Mr. Alabi had assumed care of Mr. Gravel, he was not aware of the date Mr. Gravel was admitted to BMHC. With respect to the 2018 charges in Cornwall, Dr. Alabi was not aware of their status, other than Mr. Gravel’s report that there was a positive outcome. The psychiatrist also pointed out that the risk assessment considerations set out in the Hospital Report did not speak to the issues of risk management and supervision response, which Dr. Alabi duly noted. In response to questions from the Alternate Chair, Dr. Alabi indicated that Mr. Gravel’s mother might have the potential to become an approved person and that this could be explored over the coming year.
33In last year’s Reasons for Disposition dated February 15, 2024, Mr. Gravel was noted as having a number of outstanding charges, including Sexual Assault on a person under 16 (three counts), Sexual Interference (three counts), and Fail to Comply with Probation Order, stemming from events in Cornwall in 2018. There was little information in either the Hospital Report or its update regarding the particulars of these offences, save for a reference to an “anticipated sexual assault trial in May 2023” being a major stressor and factor in his substance use. Dr. Alabi in his evidence noted that the charges had been resolved in Mr. Gravel’s favour, but did not have the details. Mr. Schultz helpfully confirmed by way of the updated CPIC (Exhibit 2), that these charges were stayed on April 24, 2023.
34No further evidence was called by any party.
Submissions:
35At the conclusion of the hearing, all parties gave submissions in support of their original positions. Dr. Alabi relied on his oral evidence and the contents of the Hospital Reports. Ms. Dickinson on behalf of Mr. Gravel reiterated and confirmed his desire to continue to scaffold his on-going progress towards his goal of moving to supervised community accommodation in the coming year. The parties agreed that there was a need to amend the wording of Mr. Gravel’s Disposition to more clearly delineate the passes and privileges to which he may be entitled, consistent with the Hospital’s preference in such matters (example: to provide clarity around the issue of whether Mr. Gravel may exercise indirectly supervised access to hospital and grounds if this is not explicitly stated in his Disposition).
Analysis and Conclusion:
36Having considered all of the evidence and the submissions of the parties, the Board finds that Mr. Gravel’s current constellation of symptoms and behaviours are such that he poses a significant threat to the safety of the public within the threshold established by the Supreme Court of Canada in Winko.
37Mr. Gravel’s risk flows primarily from his major mental illness of Schizoaffective Disorder, depressive type and his substance abuse disorders which, acting together and separately, serve to place him at heightened risk of acting aggressively towards others, particularly in the absence of external controls on his behaviour (such as residing in a highly structured and supported setting), medication compliance and abstinence from substances of abuse. The evidence shows that when Mr. Gravel is mentally unwell, the evidence shows that he experiences an increase in psychosis, elated mood, grandiosity, and severe lack of judgment and insight. When he is not taking medication, and/or is using substances, he presents as being rude and confrontational and lacking insight into his illness and need for medication. The Board adopts and relies upon the risk considerations set out in the Hospital Report commencing at p. 23.
38Having found Mr. Gravel poses a significant threat to the safety of the public and in turning to determining the least onerous and least restrictive Disposition order, the Board finds Mr. Gravel is in need of psychiatric treatment and support to help him develop deeper insight into his mental illness, substance abuse disorders, and their relationship to his aggressive behaviour. This care is currently best provided under the auspices of a detention Disposition maintaining him in a secure forensic setting but permitting him to live in supervised accommodation approved by the person in charge. The panel notes on page 24 of the updated Hospital Report that, “…without supervision, he would become non-compliant and without being in a secure setting, he is likely to disengage from services.” Moreover, the Board concurs with the parties that Mr. Gravel’s Disposition be amended to align more closely with the preferred wording of BMHC.
39To Mr. Gravel’s great credit, over the latter part of the past reporting year, he has engaged more fully in recreational activities and has progressed in moving to a less restrictive unit within the secure setting of the Hospital. This bodes well for the upcoming year. Given Mr. Gravel’s desire to live in the community, a conditional discharge disposition was considered by the Board but rejected as having no air of reality to it at this juncture. As such, a detention Disposition remains the necessary and appropriate, least onerous and least restrictive means of effectively managing Mr. Gravel’s risk to public safety, and his care.
40This being said, the Board sympathizes with Mr. Gravel’s desire to move more quickly to a less restrictive environment and urges him to work closely and cooperatively with his treatment team, participate in therapeutic programs and to refrain from substance use. The Board urges Dr. Alabi to look into the issue of Mr. Gravel being permitted to access gym facilities now that his Disposition clearly indicates he has indirectly supervised privileges to the Hospital and its grounds, provided his mental status and behaviours allow for this to be done safely.
41Finally, the Board respectfully requests that the Hospital Report be reviewed in its entirety to ensure that it fully and accurately sets out Mr. Gravel’s progress under the jurisdiction of the Board.
42In making this Disposition, the Board has reviewed the provisions of s. 672.54 of the Criminal Code and has carefully considered the need to protect the public from dangerous persons, Mr. Gravel’s mental condition, his reintegration into society and his other needs.
DATED this 20th day of May, 2025, at the City of Toronto, in the Region of Toronto.
Ms. T. Mann Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board
Footnotes
- The Disposition dated December 20, 2023 refers to Mr. Gravel having been found NCR on a third charge, being that of “failure to appear or comply with appearance notice”. At this hearing, the Attorney General filed an updated CPIC showing that this charge was withdrawn on October 20, 2021. As such, Mr. Gravel was found NCR on the two weapons-related charges. Further reference may be had to Exhibit 2.
- The Hospital Reports are not clear on the date Mr. Gravel was admitted to the Royal Ottawa or the unit to which he was initially admitted.