Ontario Review Board
Re: Derek Leo Wesley
ORB File No: 5793 & 6460
Hearing held on: April 16, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.48(1) and 671.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. H. Bloom Dr. C. Rose Mr. J. Goldenberg Mr. A. Bouvier
Parties Appearing:
Accused: Derek Wesley Counsel: Mr. G. Iwasiw
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Ms. R. Derouard
REASONS FOR DISPOSITION
(Dated May 27, 2025)
Introduction:
Derek Wesley was found unfit to stand trial on January 18, 2011, with respect to four counts of sexual interference, four counts of sexual assault, and two counts of assault. He was then found unfit to stand trial on November 5, 2013, on charges of sexual interference and sexual assault. The 2011 charges were stayed at a court hearing on August 24, 2023.
He has remained under the jurisdiction of the Ontario Review Board since the first unfitness finding and is presently subject to a Conditional Discharge dated December 19, 2023 which requires Mr. Wesley “to live in accommodation supervised by family in Northwestern Ontario.”
On Wednesday, April 16, 2025, the Ontario Review Board convened a hearing at Thunder Bay Regional Health Sciences Centre (T.B.R.H.S.C.) and conducted the annual review of Mr. Wesley’s disposition.
Mr. Wesley joined the hearing remotely, from the nursing station at Slate Falls. We note that Mr. Wesley and the panel were greatly assisted by the interpreter, Ms. Ruby Bighead, who attended with Mr. Wesley at the nursing station in Slate Falls.
The panel, and the doctor were present at the hearing room in Thunder Bay.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendation to the Board.
Ms. Davidson appeared for the hospital. She advised of the hospital position that Mr. Wesley is unfit, is likely permanently unfit, and also, that it was the hospital’s position that Mr. Wesley remains a significant threat to public safety and for that reason the hospital would not be seeking any recommendation from the Board to the court for a stay of these proceedings.
Ms. Derouard, Crown counsel, appeared by video from her office in Kenora. Ms. Derouard anticipated agreeing with the hospital’s position.
Mr. Iwasiw is counsel for Mr. Wesley. He participated by videoconference from his office in Kenora. Mr. Iwasiw also indicated his likely support for the hospital’s position.
Outstanding Charges:
- The facts of the outstanding charges are set out in last year’s reasons for disposition as follows:
On May 14, 2010, Mr. Wesley, aged 33 at the time, pushed and pulled his nine-year-old male cousin around a residence and told him to get out. His nephew later told police that Mr. Wesley “humps me, kisses me, touches my bum, pushes me, and drools on my face.” He further alleged that he was asked to go to Mr. Wesley’s room to get a soft drink and was pushed onto his bed, where Mr. Wesley started “humping” him and attempting to touch his genital area.
The 2013 verdict involves the allegation that Mr. Wesley was seen touching the genital area of a boy over his pants. He was arrested and charged with sexual interference and sexual assault.” multiple times. The girl received approximately 80 messages and requested several times that he stop sending her messages.
Evidence at the Hearing:
- The Board admitted into evidence the Hospital Report dated January 31, 2025. The Hospital Report provides a great deal of information concerning Mr. Wesley’s personal history, his mental health history, details of the index offences, and Mr. Wesley’s course in the community subsequent to the initial finding of unfitness. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these reasons. We do note, however, the stated diagnoses of:
Developmental Delay (Mild Mental Retardation)
Pedophilia
In addition to the documentary evidence, the Board heard from Dr. Sheppard. Dr. Sheppard acknowledged that the Hospital Report is somewhat dated, but it is his understanding that there have been no changes regarding Mr. Wesley and his ongoing stay in Slate Falls. Dr. Sheppard confirmed the diagnoses set out in the Hospital Report. Dr. Sheppard noted that Mr. Wesley receives excellent family support both from his mother and from his brother. The doctor noted that Mr. Wesley also has a Passport Program worker that generally spends about 16 hours per week with Mr. Wesley.
Dr. Sheppard testified that Mr. Wesley attends at the nursing station almost on a daily basis, mainly to receive his insulin injections. Dr. Sheppard stressed that it is very important that Mr. Wesley not be alone with any children. The doctor believes that family members make sure that does not occur.
Dr. Sheppard also stated his opinion that Mr. Wesley is clinically stable. He is on medication, mainly for mood stabilization. In addition, Mr. Wesley receives anti-androgen medication, Lupron, for control of any potential sexually inappropriate urges and behaviours. The doctor noted that these medications are being prescribed by the local physician.
The doctor stated his opinion that Mr. Wesley is likely permanently unfit. Mr. Wesley has little understanding of the trial process. The doctor noted for example in response to a question about the role of the judge, Mr. Wesley answered that the judge sits at the front and passes out paper. Most often, Mr. Wesley simply answers these types of questions by saying “I don't know.”
The hospital is not asking that the Board make a recommendation to the court for a stay of proceedings. They reached that position because of their opinion that Mr. Wesley remains a significant threat to public safety and that were he not to be under the Board, there would be an unacceptable risk of inappropriate conduct towards members of his community. There would also be a risk that Mr. Wesley would be able to seek out minors were he not under a Board disposition. Dr. Sheppard’s last formal fitness assessment of Mr. Wesley occurred August 29, 2024. Dr. Sheppard does not believe that fitness coaching would have any beneficial effect.
Dr Sheppard acknowledged that Mr. Wesley’s mother plays a significant major role in her son’s life. Mr. Wesley’s brother Matthew also plays a large role in Mr. Wesley’s life. It would appear the family has put some thought into appropriate supervision if, and when, his mother is no longer capable of doing so.
In response to questions from panel members, Dr. Sheppard confirmed that Mr. Wesley is on a waiting list for DSO housing. Dr. Sheppard questioned the benefit of DSO housing because it would undoubtedly not be housing in Slate Falls but in an entirely different location. Dr. Sheppard stressed that Mr. Wesley’s family members are all in Slate Falls and the doctor would not like to see Mr. Wesley losing their support should he be required to move to a different location.
At some point in time, the interpreter noted that she was asked to advise the panel that Mr. Wesley’s mother is 83 years old. The interpreter advised that the mother was also saying that on occasion she needs to attend for medical treatment and on those occasions Mr. Wesley’s brother Matthew supervises Mr. Wesley. The Board also heard that the mother’s kidney condition is likely to result in her needing dialysis at some point, which would, of necessity, take her away from her home community to another community where such specialized medical treatment is available.
No other evidence was heard at this hearing.
Findings of the Board
At the conclusion of the evidence, the parties were once again canvassed. All parties supported the hospital’s position that Mr. Wesley is unfit to stand trial and that there is no basis on which the panel could make a recommendation that the court hold a hearing to determine whether these charges should be stayed.
In the Board’s opinion, the parties’ joint recommendation is well-founded.
We accept Dr. Sheppard’s evidence at the hearing and the evidence set out in the Hospital Report.
We accept the uncontroverted evidence that Mr. Wesley is unfit to stand trial, is likely permanently unfit, but remains a significant threat to public safety. On that basis, we simply cannot make any recommendation to the court for a stay of these charges.
The panel also agrees that it is both necessary and appropriate that Mr. Wesley remain under a Conditional Discharge with the exact terms set out in the most recent Disposition.
The panel would also like to thank Ms. Ruby Bighead, who provided translation services for Mr. Wesley and was of great assistance to the Board.
In reaching our decision, the Board has taken into consideration the safety of the public, Mr. Wesley’s mental condition, his other needs, and his potential reintegration into society.
DATED this 27th day of May 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg
Alternate Chairperson
Office of the Registrar
Ontario Review Board