Re: Justen Lynch
ORB File No: 8678
Hearing held on: Tuesday, April 22, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(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: Justen Lynch
Counsel: Mr. R. Jagielski
The person in charge of hospital: Representative: Ms. A. Marshall
Attorney General of Ontario: Counsel: Mr. T. Hewitt
REASONS FOR DISPOSITION
(Dated May 22, 2025)
Introduction
Mr. Lynch was found not criminally responsible on November 29, 2024, for the offence of manslaughter, contrary to the Criminal Code of Canada.
The Court declined to make a disposition and referred this matter to the jurisdiction of the Ontario Review Board for a Disposition Hearing.
On April 22, 2025, the Board convened a hearing in person at Ontario Shores Centre for Mental Health Sciences (Ontario Shores) to conduct an initial hearing pursuant to s. 672.47(1) of the Criminal Code. The purpose of this hearing was to determine the necessary and appropriate Disposition, which is also the least onerous and least restrictive means to protect the public in the circumstances.
Current Psychiatric Diagnoses:
Unspecified schizophrenia spectrum and other psychotic disorder;
Major neurocognitive disorder due to another medical condition (traumatic brain injury), with psychotic disturbance;
Alcohol use disorder, moderate, in sustained remission in a controlled environment;
Cannabis use disorder, moderate, in sustained remission in a controlled environment; and
Cocaine use disorder, moderate, in sustained remission in a controlled environment.
Index Offences:
- The details of the index offences are extracted from the Hospital Report at page 2, which are as follows:
“On the 16th day of October 2012, Justen Lynch and Kenneth Lynch had a confrontation in the garage of their residence located in the City of Vaughan. During the confrontation, Justen Lynch grabbed a crowbar and used it to attack Kenneth Lynch. Kenneth Lynch suffered severe head trauma as a result of the attack.
York EMS attended the residence and found Kenneth Lynch’s vital signs absent, but they were able to revive him and transport him to a hospital.
During the transport to the hospital, Kenneth Lynch’s vital signs were absent again and again EMS were able to revive him. Kenneth Lynch was placed in critical care at the hospital.
On the 17th day of October 2012, Kenneth Lynch succumbed to his injuries. Dr. Amaral pronounced him at 2:20 p.m.
Justen Lynch committed 2nd degree murder on the person of Kenneth Lynch contrary to Section 235 of the Criminal Code.”
Without Prejudice Position of the Parties:
At the commencement of the hearing, Ms. Marshall presented the Hospital’s position, which was that a Detention Order Disposition with privileges up to residing in the community in a 24-hour supervised accommodation, approved by the Person in Charge, was the necessary and appropriate, least onerous and least restrictive Disposition.
Mr. Hewitt for the Attorney General agreed with this position.
Counsel for the accused, Mr. Jagielski, also agreed and thus the parties presented a Joint Position for the Panel’s consideration.
Evidence at the Hearing:
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Alioglu Karaliyan.
Dr. Alioglu Karaliyan testified that Mr. Lynch is currently residing on a general forensic unit of the Hospital and has been adherent to his medications. There are no plans to change his medication, as he is currently prescribed Clozapine and is responding well to it.
Dr. Alioglu Karaliyan stated that Mr. Lynch is on a wait list for dual diagnosis housing. He is still showing some inappropriate behaviours and has limited insight into his mental illness, while also expressing some desire to use illicit substances. Despite medication compliance, Mr. Lynch still shows signs of thought disorder.
As such, he is not yet ready for indirectly supervised passes to the community. The Hospital intends to gradually increase his privileges to work up to indirectly supervised hospital grounds privileges.
None of the Panel members or other parties at the hearing had any questions for Dr. Alioglu Karaliyan after her testimony.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Panel accepts the joint submission position: Mr. Lynch poses a significant threat to the safety of the public and a Detention Order Disposition with the aforementioned privileges is the necessary and appropriate and the least onerous and least restrictive option in consideration of all of the circumstances.
Mr. Lynch suffers from a yet unspecified Schizophrenia spectrum disorder, another psychotic disorder, a major neurocognitive disorder with psychotic disturbance and a trio of substance use disorders. Despite being medication compliant, Mr. Lynch still demonstrates some evidence of a thought disorder and struggles with insight.
Mr. Lynch has a lengthy history of mental illness, with Hospital visits beginning as a young child in 1992. His struggle with substances began apparently in 2002 and did not resolve with day treatment. In 2013, he was found unfit to stand trial and admitted to Ontario Shores on a warrant of committal where he has remained since then.
While at Ontario Shores, he has struggled with inappropriate touching of staff and co-patients, as well as other sexually inappropriate behaviour. His insight into his mental illness, substance abuse and need for medication remains quite poor.
His risk of violence remains in the moderate-low range in the context of a Detention Order but would elevate with a Conditional Discharge.
The Panel unanimously finds that, absent a Detention Order and the strict oversight of the Hospital, it is likely that Mr. Lynch would disengage from treatment, become medication non-adherent and resume his substance use. This would lead to an exacerbation of his psychotic symptoms, which in the context of the index offences, led to tragic consequences.
Therefore, the Panel agrees with the Joint Submission, that Mr. Lynch poses a significant threat to the safety of the public and that a Detention Order with privileges up to and including residing in a 24-hour supervised accommodation, approved by the Person in Charge, is the necessary and appropriate, least onerous and least restrictive Disposition in consideration of all of the circumstances.
DATED this 22nd day of May 2025, at the City of Toronto, in the Toronto Region.
Mr. D. D’Intino Legal Member
Office of the Registrar Ontario Review Board