Ontario Review Board
Re: Marc J. Goulart
ORB File No: 6644
Hearing held on: Thursday, April 17, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. S. Lessard Dr. R. Cormier Mr. D. Sandor Mr. A. Bernardo
Parties Appearing:
Accused: Marc J. Goulart Counsel: Ms. C. Richards
Person in charge of hospital: Representative: Dr. J. Gojer
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated May 21, 2025)
Introduction
On November 5th, 2014, the accused, Marc Goulart, was found not criminally responsible on account of mental disorder on a charge of robbery, contrary to the Criminal Code of Canada (the Criminal Code). Mr. Goulart is currently subject to a Disposition of the Ontario Review Board dated December 11th, 2023, and an Order amending that Disposition dated December 27th, 2023. That Disposition detains him at the secure forensic unit of the Royal Ottawa Mental Health Centre with privileges up to and including to live in the community in accommodation approved by the person in charge.
On April 17th, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Royal Ottawa Mental Health Centre (“ROMHC”) pursuant to s. 672.81(1) of the Criminal Code of Canada. The annual review for Mr. Goulart was held in person. The hospital was represented by Dr. Julian Gojer, the Attorney-General by Ms. Marie Dufort and Mr. Goulart by his counsel, Ms. Cassandra Richards.
Without Prejudice Positions of the Parties:
- Dr. Gojer on behalf of the hospital, recommended an Absolute Discharge. Ms. Dufort, on behalf of the Crown, indicated she would reserve her position until having heard the evidence. Ms. Richards supported the hospital’s position.
Background and Index Offences: Index Offences
- The circumstances surrounding the index offences are set out in last year’s Reasons for Disposition as follows:
“According to the Crown Brief, on Tuesday 29, October 2013, at 3:53, a constable attended a robbery on Richmond Road in Ottawa. The victim was working alone in the store overnight. He was mopping the floor of the store when Mr. Goulart entered and proceeded to walk around the counter behind the cash. The victim called out to the male in an attempt to get him to come out from behind the cash. Mr. Goulart became belligerent and stated, ‘Get out of my way or I’ll kill you.’ Mr. Goulart then grabbed two handfuls of DuMaurier cigarettes from the cigarette shelf. He exited from behind the counter and proceeded to leave the store. Mr. Goulart kicked over a yellow plastic warning stand prior to leaving. Mr. Goulart was not located or identified at that time. On Tuesday, 29 October 2013, at approximately 2318, the same constable re-attended the same convenience store in Ottawa. The suspect that robbed the Macs Milk’s earlier that day, returned. Mr. Goulart asked for a pack of zigzag rolling papers and a lighter. The victim stated that Mr. Goulart had threatened to go to the back of the counter stating, ‘Do you know who I am. I will come behind the counter if you do not know me.’ Mr. Goulart then threw some Remembrance Day poppies in his face. He left the store.”
Current Diagnoses:
Schizophrenia
Cannabis Use Disorder
Evidence at the Hearing
The Board admitted into evidence the Hospital Report dated April 10th, 2025, as Exhibit 1. That document provides a great deal of information concerning Mr. Goulart’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequent to the index offences. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.
Mr. Goulart was found not criminally responsible in 2006 after having stolen a wallet and received his first absolute discharge in 2012. In 2013 he attempted to rob a convenience store and was again found not criminally responsible. Dr. Gojer took over his care in 2020.
This patient has suffered from chronic schizophrenia since the age of 30. In the last few years, the voices he hears have stabilized such that they are now telling him that he is not a nice person and to harm himself. Dr. Gojer added that these voices are exacerbated with the use of stimulants such as cocaine which Mr. Goulart has not used since March of 2024.
Intensified case management support has kept Mr. Goulart in his community residence apartment for a number of years. Regrettably, in the last couple of years there were takeovers of his apartment. He was likely pushed and broke his hip as a result in 2023.
At his last Review Board hearing, in December of 2023 the hospital requested that he be transitioned to a detention disposition in approved accommodation. As a result. he is now residing in a long-term care facility in Limoges where her has settled in well and is allowed to live with his cat. Since moving into the Limoges residence Mr. Goulart has gained some weight and reports he feels healthy. Dr. Gojer described the staff at the Limoges residence as supportive. Additionally, Mr. Goulart has a good relationship with his CMHA worker who visits with him on a regular basis.
At present the risk he poses to himself is negligible. Dr. Gojer described his patient’s recent behaviours as more self-destructive than a risk to others. Over the past 12 years he has remained medication compliant and is now stable in the group home residence.
Mr. Goulart continues to regularly use cannabis. It is felt that a harm reduction approach is best towards this substance and his use seems to be reducing with age. This is because of good medication compliance, regular appointment keeping and a therapeutic relationship with his treatment team. Dr. Gojer further opined that a risk to the public remains but is not a significant one.
Ms. Dufort referred Dr. Gojer to paragraph 39 of the most recent Reasons for Disposition which indicate Mr. Goulart had no interest in following direction of any sort. Dr. Gojer responded that at that time his patient was in a “pathetic state” as he was being abused by individuals entering his apartment. This is why a detention disposition was needed to allow hospital staff to enter the apartment and admit Mr. Goulart to hospital as required. In essence, the realization arrived at is that independent placement had not worked out. Dr. Gojer explained that the issue for the past number of years was that the treatment team, although well-intentioned, had not realized that an independent apartment was not appropriate for this gentleman.
In his Limoges residence Mr. Goulart is subject to 24-hour supervision. Rent is paid for at source by ODSP and his continued ability to reside there is not dependent on being under the auspices of this Board.
Substance testing at the residence has consistently been negative for all substances but for cannabis which Mr. Goulart continues to use on a regular basis. No deterioration in his mental health has been noted in the past year notwithstanding his continued use of cannabis.
Questioned by Ms. Richards, Dr. Gojer conceded that the friends Mr. Goulart had previously gone camping with as recently as four years ago are no longer in the picture. The Doctor reiterated that the biggest issue precluding Mr. Goulart’s stability has been the housing situation which has now been remedied. Staff take him to medical appointments and ensure that his room is clean.
In closing Dr. Gojer noted that Mr. Goulart has not asked for an absolute discharge and that he maintains a good relationship with the forensic outpatient team. The patient describes himself as retired.
Responding to questions from the panel, Dr. Gojer advised that while the voices Mr. Goulart has heard in the past have exacerbated with the use of cocaine, no changes were noted associated with his ongoing use of cannabis. Asked about the possible vulnerability of co-residents, Dr. Gojer responded that Mr. Goulart will enjoy a toke of cannabis after dinner with some friends however he is not inducing anyone to commit criminal acts that are serious in nature. Mr. Goulart’s last antisocial act occurred in 2013. Aggression from this patient was only noted in the days preceding the introduction of a long-acting antipsychotic medication.
Asked Mr. Goulart had ever misused the stimulant Bupropion, Dr. Gojer responded that his patient had not, adding that its use reduced this patient’s desire for tobacco.
Closing Observations
Dr. Gojer noted that the biggest risk factor for Mr. Goulart was his housing which has been addressed by his move to a 24-hour long term care facility together with ongoing support from his CMHA worker and the treatment team.
Ms. Dufort, having heard the evidence, submitted that Mr. Goulart remains a risk to public safety but that that risk is minimal. Ms. Richards added that her client is doing exceptionally well at this time.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Goulart continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board, assisted by the joint position and submission of the parties, unanimously finds that Mr. Goulart no longer poses a significant threat to public safety. This determination also relies on the uncontroverted evidence of Dr. Gojer, the Hospital Report and the Risk Assessment contained therein.
Mr. Goulart’s level of risk no longer represents a level that is significant. As a result, he is entitled to an Absolute Discharge.
Mr. Goulart continues to smoke cannabis on a daily basis. However, at the long-term care facility where he now resides, he employs it as an after-dinner sleep aid. He is also prescribed the antidepressant Bupropion to reduce his craving for tobacco. The evidence presented is that Mr. Goulart’s use of cannabis as well as his use Bupropion, are not considered deleterious to the stability of his mental state. The quantity of cannabis that Mr. Goulart smokes is said to have diminished as he ages and there are no reports of him ingesting Bupropion for recreational purposes.
Dr. Gojer candidly admitted that the treatment team’s previous efforts to see Mr. Goulart residing in independent accommodation, specifically in his own apartment, while well intentioned, proved unmanageable. This is why, at Mr. Goulart’s previous Review Board hearing in December 2023, the Hospital recommended, and the Board ultimately ordered that he be made subject to a Detention Disposition with the discretionary privilege of approved community accommodation. This apparent step-back from a Conditional Discharge proved to be a step forward as it enabled Mr. Goulart to be placed in a long-term care facility. Staff at the Limoges residence now ensure his day-to-day needs are met and he has settled in well, accompanied by his beloved cat. His medication compliance is consistent and staff ensure his attendance at medical appointments . This change in lifestyle has allowed Mr. Goulart to now describe himself as retired.
Given the foregoing, the Board unanimously determines that Mr. Goulart no longer poses a significant threat the safety of the public and must therefore be granted an Absolute Discharge.
The Board carefully considered the joint position and submissions of the parties and the evidence of Dr. Gojer and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Goulart’s mental condition, his reintegration into society and other needs.
DATED this 21st day of May 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
Office of the Registrar Ontario Review Board