Ontario Review Board
Re: Chad M. Lawless
ORB File No: 8226
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. Kunjukrishnan Dr. A. Gibas Ms. M. den Haan Mr. M. Hajek
Parties Appearing:
Accused: Chad M. Lawless Counsel: Mr. M. Davies
Person in charge of hospital: Representative: Dr. A. Alabi
Attorney-General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated May 26, 2025)
Mr. Lawless was found not criminally responsible on account of mental disorder (NCR) on February 2, 2023 on a charge of assault causing bodily harm, contrary to the Criminal Code of Canada. Mr. Lawless is currently subject to a Disposition of the Ontario Review Board dated March 27, 2024 which detains him at the secure forensic unit of the Brockville Mental Health Centre with privileges up to and including to live in the community in accommodation approved by the person in charge.
On April 3, 2025, the Board convened a hearing at the Brockville Mental Health Centre (the “Hospital”) to conduct Mr. Lawless’ annual review hearing pursuant to section 672.81(1) of the Criminal Code. The Hospital was represented by Dr. A. Alabi, Mr. Lawless’ treating psychiatrist, and the Attorney General by Mr. K. Schultz. Mr. Lawless was present at the hearing and represented by counsel, Mr. M. Davies.
The issues to be determined at the hearing were whether Mr. Lawless continued to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate Disposition which was also the least restrictive and least onerous taking into account the factors set out in section 672.54 of the Criminal Code. Mr. Lawless also requested a transfer to the Royal Ottawa Mental Health Centre (“Royal Ottawa”) pursuant to a Rule 13 request sent directly from his counsel to the Royal Ottawa.
The following documents were entered as Exhibits at the hearing:
(1) Hospital Report from March 17, 2025 (dated in error 2024)
(2) Rule 13 Request from counsel for Mr. Lawless to the Royal Ottawa dated March 28, 2025
(3) Rule 13 Response from Royal Ottawa dated March 30, 2025
(4) One page document from Mr. Lawless setting out an extensive list of steps he has taken over the year to progress in his recovery
Positions of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board. The Hospital submitted that Mr. Lawless remains a significant threat to the safety of the public and recommended that the current Detention order should continue with an amendment to increase his access to the community to be within 250 km of the Hospital. The Hospital did not take a position with respect to the Rule 13 transfer request.
Counsel for the Attorney General supported the Hospital’s position with respect to the Disposition and amendment. However, the Attorney General opposed the request for the Rule 13 transfer.
Counsel for Mr. Lawless supported the Hospital’s position with respect to the Disposition and amendment and did not contest the issue of significant threat but indicated that Mr. Lawless wished to transfer to the Royal Ottawa pursuant to the Rule 13 request.
At the end of the hearing, the Board was presented with a joint submission that the Detention order should continue with the addition of the expanded catchment area as set out in the formal Disposition. All parties maintained their initial positions with respect to the Rule 13 transfer request, and therefore there was no joint submission with respect to this issue.
For the reasons set out below, the Board does find that Mr. Lawless continues to pose a significant threat to the safety of the public and that the terms and conditions of the existing Disposition should continue in force, save for the amendment to the catchment area as set out in the formal Disposition. The Board does not support the Rule 13 request to transfer to Ottawa.
Index Offence:
The circumstances of the index offence are summarized from the Hospital Report as follows. On August 13, 2022, Mr. Lawless was smoking crack and consuming alcohol in public. Unprovoked, he suddenly attacked an elderly stranger and pushed him onto the road. The victim’s right shoulder was broken. The police were responding to the complaint of Mr. Lawless’ public drug and alcohol use and were initially unaware of the assault. After Mr. Lawless assaulted an arresting officer, police became aware of the nearby assault on the stranger.
During the NCR assessment, Mr. Lawless stated that on the day of the index offence, he felt angry and was convinced that people were communicating with him telepathically. Because he was angry, he had pushed over a vendor stand in the area. He thought that he had seen the victim before, then that the victim was trying to speak to him in his head while lunging at him, so he pushed him over. Mr. Lawless believed that he had already consumed a few cans of beer and smoked some cannabis that day. He denied smoking crack and thought he had picked up the crack pipe while looking for cigarette butts.
Background History
Mr. Lawless’ personal history is set out in the Hospital Report and need not be repeated in detail. Briefly, Mr. Lawless is 30 years old and supported by the Ontario Disability Support Program (“ODSP”). He is unmarried and has no children. He has one older brother.
He was born in Wales, but his family moved to Ontario when he was about three years old. His parents separated when he was 12, which he reported was very upsetting for him. He resided primarily with his father but visited his mother a few days per week.
Mr. Lawless reported that he did not do well in school, eventually was expelled due to truancy, and he did not graduate high school. However, shortly afterwards he attended an adult learning centre and completed the remaining credit requirements for graduation. He has had multiple jobs, mostly as a labourer, but would often leave these positions due to conflicts with colleagues or wanting a change.
Mr. Lawless reported that he started using cannabis at the age of sixteen and by 2017 he used it daily. He acknowledged that it worsened his psychosis by making him more paranoid, but also that he sometimes experienced paranoia without cannabis consumption (Hospital Report, page 9). Mr. Lawless began using alcohol at age fourteen, and experimented with MDMA, LSD, psilocybin and cocaine.
Mr. Lawless has a criminal record commencing in 2021, including convictions for assault causing bodily harm, mischief, and fail to comply with a probation order. He reported that the assault causing bodily harm conviction was related to an assault on his stepmother when he was unmedicated, actively psychotic, and believed she was harming the family dog.
Mr. Lawless was first in contact with the mental health system at age 22 in British Columbia. He was then admitted to Soldiers Memorial Hospital in Orillia in 2017 and also in April 2021. He was varyingly diagnosed with Schizophrenia, cannabis use disorder, and also with drug-induced psychosis. During the hospital 2021 admission, he endorsed paranoid delusions about people conspiring against him, auditory hallucinations, and demonstrated thought disorganization. This led to unpredictable anger and hostility. After receiving a long-acting injectable antipsychotic medication, his mood stabilized but he continued to have paranoid and grandiose delusions.
Mr. Lawless reported that, at times, physicians felt that he mainly had cannabis-induced psychosis and he acknowledged that his symptoms could unpredictably worsen with cannabis use. He also stated that because he knew his symptoms could be viewed as part of a Schizophrenia diagnosis, he would conceal information to avoid medication.
Mr. Lawless was admitted to Waypoint Mental Health Centre in May 2021 for a fitness assessment following the assault charge and remained there after being found unfit and being placed on a ‘keep fit’ Order pursuant to section 672.29 of the Criminal Code. He was discharged in September 2021 with a diagnosis of Schizophrenia and substance use disorder. Mr. Lawless lived in shelters in Orillia until December 2021 and then was transient until January 2022 when he was hospitalized in Pembroke due to pneumonia then received temporary shelter in a motel.
In January 2022 Mr. Lawless was brought to the Ottawa Hospital by police after exhibiting violent behaviour at his motel in Pembroke, including throwing a microwave. He advised that he had been refusing medication after his discharge from Waypoint and had been hearing voices. The following day, he informed the doctor that his actions were not as a result of hearing voices, but rather that “he knew if he were to endorse ‘crazy stuff’ and throw something, he would be taken to hospital” and would have shelter (Hospital Report page 6). The hospital suggested that Mr. Lawless’ symptoms were mostly cannabis-induced or malingering (Hospital Report page 11). He was discharged after two days. He remained in Ottawa in the shelter system. He continued to drink alcohol and smoke cannabis and did not continue his injectable medication.
Mr. Lawless was next admitted to hospital for a fitness assessment following the index offence. He was found unfit to stand trial, placed on a treatment order, and admitted to North Bay Regional Health Centre. Upon admission, he had to be escorted to the seclusion room due to unmanageable and aggressive behaviour. It was noted that “his demeanour during the course of admission fluctuated, where it became apparent that he was invested in impression management, presenting himself as more well than he really was” (Hospital Report page 7). In his assessment, Dr. Wood noted (at page 11 of the Hospital Report) that:
It has also become clear that Mr. Lawless possessed the ability to engage in positive impression management and minimizing his psychotic experiences. For example, when the writer assessed Mr. Lawless on two separate occasions for his fitness to stand trial, he was clearly psychotic while having been abstinent from cannabis throughout his incarceration. He then transferred to the North Bay Regional Treatment Centre for the Treatment Order, where his ability to minimize his psychotic symptoms were more evidence [sic] once the interviews progressed…. It is likely that Mr. Lawless is able to readily engage in positive impression management due to still having partial insight into his diagnosis of Schizophrenia and what would be viewed as psychotic by others, where the goal would have been to avoid antipsychotic medications.
After his antipsychotic medications were optimized, Mr. Lawless became more settled, less angry, and less thought disorganized. He was returned to court and found fit.
Mr. Lawless was found to be incapable to consent to treatment on June 29, 2023 and the Public Guardian and Trustee became his Substitute Decision Maker.
Mr. Lawless’ current diagnoses are Schizophrenia and Cannabis Use Disorder, Moderate, in early remission.
Evidence at the Hearing
The Hospital’s evidence was presented through the Hospital Report and through the oral testimony of Dr. Alabi. Dr. Alabi has only been treating Mr. Lawless for three months at the Hospital, but he stated that they developed a quick rapport as he knew Mr. Lawless in North Bay while Mr. Lawless was subject to a Community Treatment Order. Dr. Alabi stated that it is nice to work with Mr. Lawless. There have been some bumps in his progress, but Dr. Alabi gives credit to Mr. Lawless for what he has been able to achieve over the reporting year.
Over the past treatment year, Mr. Lawless progressed from the most restrictive unit (B4 North) to B3 South, then B3 North by October 11, 2024. However, he was transferred back to B3 South on December 30, 2024 due to cannabis use. Although he had been working a vocational job, he quit this position when he was transferred back to B3 South. The Hospital Report notes that since his transfer back to that unit he increased his refusal to participate in programming.
Due to an incident of smoking in the shower on January 14, 2025, Mr. Lawless’ privileges were suspended for several weeks, then supervised privileges restored. By late February, Mr. Lawless stated that he was committed to being substance free and successfully completed some psychoeducational groups and engaged in Addiction Counselling. He began the Narcotics Anonymous Program and attends some meetings, though he does not enjoy the group format.
Mr. Lawless has been compliant with urine and bloodwork and also with his medication. He has been in contact with his mother by Zoom.
Dr. Alabi informed the Board that a few days before the ORB hearing, the Hospital discovered that Mr. Lawless smoked cannabis on Hospital grounds during indirectly supervised privileges, which Dr. Alabi found “very concerning.” Mr. Lawless’ urine drug screen was positive. He did not want to speak about it to the doctor, and they have not spoken since the positive test. Dr. Alabi noted that Mr. Lawless generally does not want to talk about issues at first then later sees the impact. Mr. Lawless’ opinion is that if cannabis is a legal substance, why not use it, and he does not currently see the detrimental effect to his mental health. Mr. Lawless is not currently experiencing breakthrough symptoms of his illness, but in Dr. Alabi’s opinion, but for intervention by the Hospital, Mr. Lawless would have continued to use cannabis, leading to deterioration of his mental state.
As a result of the cannabis use, Mr. Lawless was moved back to the most restrictive B4 South unit of the Hospital. This was necessary because Mr. Lawless has shown a pattern with respect to cannabis use. He has traded contraband and shared on the ward which in Dr. Alabi’s words “took away the collaborative approach” to working with Mr. Lawless and caused some set-back in their therapeutic relationship. With respect to the contraband on the unit, they had no conversation about whether Mr. Lawless received something in return. Dr. Alabi noted that Mr. Lawless’ ability to step down to a less restrictive unit is under Mr. Lawless’ control and directly dependent on his ability to understand and reflect on the effect of cannabis use on his mental illness and his progress under the Board. In their last meeting before the ORB hearing, Dr. Alabi and Mr. Lawless had a conversation with respect to how he could move forward in the forensic system, and Dr. Alabi stated that Mr. Lawless showed a lack of insight into the relationship between cannabis use, intoxication, and the index offence. Dr. Alabi thinks it will benefit Mr. Lawless to participate in psychoeducational programming to deepen his insight into these issues.
Overall, Mr. Lawless' insight into his mental illness appears to have increased over the reporting year. He now says that he has Schizophrenia, although Dr. Alabi noted that he has received staff feedback that Mr. Lawless may not in fact believe that this is so, and this leads Dr. Alabi to the conclusion that Mr. Lawless' insight is a “work in progress.” In response to questions from counsel for Mr. Lawless, Dr. Alabi stated that Mr. Lawless now acknowledges when he is speaking with Dr. Alabi that he has a mental illness and requires treatment. The week prior to the hearing, however, in a conversation with other staff, Mr. Lawless did not say the same thing. Dr. Alabi stated that he was also informed by staff that Mr. Lawless has said he does not see why he cannot smoke cannabis, and he does not see a negative impact from doing so. Dr. Alabi voiced concern that Mr. Lawless is engaging in impression management and reiterated that Mr. Lawless’ insight is a work in progress.
With respect to the Rule 13 transfer request to Ottawa, Dr. Alabi noted that Mr. Lawless did not inform the doctor that he wanted a transfer, and the request was made by Mr. Lawless’ counsel shortly before the hearing. Dr. Alabi was unsure if Mr. Lawless had expressed this wish to transfer to any other member of the treatment team.
Dr. Alabi stated that it is “tricky to oppose” the Rule 13 transfer to Ottawa. Mr. Lawless is struggling at the Hospital, and in Dr. Alabi’s opinion he is better placed in Brockville to work through his difficulties. Dr. Alabi added that in the Ottawa area there would be more destabilizers for Mr. Lawless and that it is better for him to remain at the Hospital to reintegrate into the community in Brockville and then progress to entering the wider community. This is part of the reasoning for requesting to extend the catchment area to within 250 kilometers of the Hospital to permit Mr. Lawless community access, but also to ensure oversight in the community. Dr. Alabi stated that he supports Mr. Lawless staying at the Hospital but is not saying he should not go to Ottawa.
Dr. Alabi also works at the Royal Ottawa but is unsure if he would be the treating psychiatrist if Mr. Lawless were to be transferred to Ottawa, as it would depend on patient caseload.
In Dr. Alabi’s opinion, at the Royal Ottawa, it would be easier to get cannabis due to the location of the hospital, although it is obviously also possible to obtain it in Brockville. The waiting list for admission to the Royal Ottawa is very long and patients from the detention center are experiencing long delays while waiting for beds. The Royal Ottawa opposes the transfer request for this reason. Dr. Alabi suggested that Mr. Lawless might also be less invested in working with the Hospital in Brockville if he knew a transfer to the Royal Ottawa was pending. In Dr. Alabi’s opinion, a move to Ottawa could lead to stress and the destabilization of Mr. Lawless' mental state.
In addition, there are four treatment units at the Brockville Hospital and only two in Ottawa. In the case of a transfer, Mr. Lawless would likely transfer into the most restrictive Forensic Assessment Unit with few privileges, depending on his clinical status at the time of transfer in Brockville. At the Royal Ottawa, there is a slower transfer between units, and it would take more time for Mr. Lawless to be granted liberties.
Counsel for Mr. Lawless questioned whether it would be helpful for Mr. Lawless to “start fresh” in Ottawa, and Dr. Alabi noted that he was not aware of Mr. Lawless’ wish to transfer, and although he does not oppose a transfer to Ottawa if a patient wants to do so, in his opinion it is not worth it as the Royal Ottawa is a similar medium secure facility with equal care. Dr. Alabi stated that he has no information about any friends that Mr. Lawless may have in Ottawa and that Mr. Lawless has not provided a reason for his desire to move to Ottawa. He has stated that he wants more contact with his family, but Dr. Alabi does not know if they are approved persons or if there are in fact any approved persons.
In Dr. Alabi’s opinion, if Mr. Lawless remains at the Hospital for the treatment year, has no setbacks, and his treatment response is good, the plan would be for him to resume full grounds privileges, then enter the community and potentially seek a vocation. In Dr. Alabi’s opinion, while it is realistic to expect that Mr. Lawless may move into supervised housing in Brockville within the treatment year, there remains some uncertainty because Mr. Lawless and the treatment team have “not yet reached that stage.”
In response to questions from the panel, Dr. Alabi stated that Mr. Lawless is not ready to enter the community at this time, and an inpatient transfer to the Royal Ottawa could take considerable time. When Mr. Lawless is ready to live in the community, he can still be placed in Ottawa itself if the geographic radius increase recommended for this year's Disposition is granted. Dr. Alabi would have the ability to see Mr. Lawless as an outpatient at the Royal Ottawa in future.
No further evidence was led.
Submissions of the Parties
In closing submissions, the Hospital maintained their recommendation to continue the existing Disposition with an expansion to the catchment area. Dr. Alabi does not oppose the transfer to Ottawa but again noted the delay and possible negative effects on Mr. Lawless’ liberties and treatment engagement if that is done.
Counsel for the Attorney General continued to support the Hospital's position with respect to the Disposition, including the expansion to the catchment area. Mr. Schultz indicated that the Attorney General continued to oppose a Rule 13 transfer to Ottawa as it would interrupt the therapeutic relationship between Dr. Alabi and Mr. Lawless, as it is unclear if Dr. Alabi would remain Mr. Lawless' doctor in the case of an in-patient transfer. Moreover, Mr. Schultz submitted that remaining at the Hospital would likely make it more challenging for Mr. Lawless to obtain substances than in a busy urban setting such as Ottawa. Cannabis is one of the main destabilizers for Mr. Lawless' mental illness, and Mr. Lawless has only formed a partial link between cannabis use and his mental illness. Dr. Alabi's evidence was that repeated use of cannabis can lead to decompensation in Mr. Lawless' case. In Brockville, Mr. Lawless’ privileges are likely to increase more quickly than in Ottawa, where he would first have to be admitted to the Forensic Assessment Unit for a period of time before receiving privileges.
Counsel for Mr. Lawless asked the Board to compare Mr. Lawless' attitude last reporting year versus this year and to consider the list that Mr. Lawless put together with his gains over the year. Mr. Lawless’ mental health status has improved, he has remained adherent to medication, and he has participated in group programming, which is very different from the prior year. Although Mr. Lawless had a recent struggle with cannabis, he managed to remain abstinent from use for a period of time. There is no evidence that the recent consumption of cannabis led to violent behaviour.
Mr. Davies indicated that Mr. Lawless might be interested in a carpentry program in Ottawa which is both a positive goal and an incentive for him. The Royal Ottawa can provide the same services to Mr. Lawless with no increase to his risk to public safety. The therapeutic relationship between Dr. Alabi and Mr. Lawless is relatively new at the Hospital and therefore even if there were a need to transfer to a new psychiatrist in Ottawa, this would not break a longstanding therapeutic relationship. In terms of increased access to substance use in Ottawa, counsel for Mr. Lawless noted that no evidence was adduced regarding the comparative ease with which substances are available in Ottawa as opposed to Brockville and that counsel for the Attorney General’s submissions on this point should be accorded no weight.
Conclusion and Disposition
Significant threat
Having heard and considered the entirety of the evidence as well as the submissions of the parties, the Board finds that Mr. Lawless’ current constellation of symptoms and behaviours is such that he continues to pose a significant threat to the safety of the public. In coming to its conclusion in this matter, the Board relies on the uncontroverted expert evidence of Dr. Alabi and the clinical, actuarial and structured professional judgment risk assessments set out in the Hospital Report at pages 19 and 36.
Dr. Alabi is relatively new to working with Mr. Lawless and was not able to fully assist the Board with certain issues. There is, however, ample reference in the Hospital Report as noted above in these Reasons that historically Mr. Lawless has engaged in impression management to minimize symptoms of psychosis in order to avoid medication. Mr. Lawless is incapable to consent to treatment, but to his credit, he has been fully compliant with medications over the reporting year.
At page 19 of the Hospital Report, Mr. Lawless’ risk of future violence is noted to be moderate to high. Mr. Lawless’ most recent risk assessment is fully set out at page 36 of the Hospital Report. Based on the HCR-20 assessment, Mr. Lawless suffers from a major mental illness, Schizophrenia. He has a history of violence while experiencing psychosis. The index offence involved random violence against an elderly stranger which caused injury. Mr. Lawless’ insight into his addiction issues, and particularly cannabis use, remains fluid. Although cannabis is legal, it has a demonstrated negative impact on Mr. Lawless’ mental state and played a role in the index offence. There is a history of supervision failure and non-compliance with medication which has led to worsening of symptoms. In the treatment team’s opinion, absent the jurisdiction and supervision of the ORB, non-compliance would likely become an issue and Mr. Lawless’ mental state would deteriorate and risk would escalate.
In terms of Clinical items, during the reporting year and as recently as the week prior to the hearing, Mr. Lawless engaged in cannabis consumption. Dr. Alabi’s evidence was that it appears that Mr. Lawless still fears the consequences of being forthright with the treatment team, which indicates a need for improved insight. Although Mr. Lawless suggested in his written document that he had abstained from drugs for seven months, the evidence is that he used drugs in December and then again shortly before the hearing. He did not admit to having done so but rather it was discovered by the random urine drug screen, and then he declined to discuss the issue with the treatment team. Again, he appears to present differing views on his desire to remain substance free to Dr. Alabi and to the rest of the team, which is of concern and speaks to the need to deepen the therapeutic alliance and in this fashion to encourage Mr. Lawless to become more forthcoming.
Rule 13 Request for Transfer to the Royal Ottawa
The Board finds no evidence of a clear reason for Mr. Lawless to transfer to Ottawa at this time, other than the suggestion that Mr. Lawless might like to take a carpentry program at some point. There is no plan in place for any activities that he wishes to pursue in Ottawa. If there is a program in the Ottawa area that he wishes to participate in, this can be effected with the change to the catchment area in this year's Disposition.
There is no information before the Board to indicate any connection to Ottawa which would lead to a reason for Mr. Lawless to transfer there. On the contrary, when Mr. Lawless was in Ottawa for approximately seven months prior to the index offence, the Hospital Report notes that he was living within the shelter system. The Hospital Report also notes that Mr. Lawless’ father and stepmother live in Orillia and that his mother lives in Newfoundland. There was no evidence presented of any friends or acquaintances in Ottawa who would be positive supports for Mr. Lawless and Dr. Alabi was unable to provide information as to whether there are any approved persons.
The Board notes that the Royal Ottawa is not in favour of the Rule 13 transfer. No therapeutic benefit was demonstrated of a transfer to the Royal Ottawa and Dr. Alabi stated that both hospitals are of equal security levels with equal available care. There is an extended wait for beds at the Royal Ottawa; even inmates at the detention center in critical need of care and placement are unable to transfer from detention due to a shortage of beds in the hospital.
In addition, based on Dr. Alabi’s evidence, due to the fact that there are only two units at the Royal Ottawa, a transfer to Ottawa would lead, at least initially, to a more restrictive situation for Mr. Lawless and fewer opportunities for rehabilitative programming. Even once admitted to the Royal Ottawa, Mr. Lawless could remain in the Forensic Assessment Unit for a considerable period of time with fewer liberties than he currently has, and will soon be able to achieve, in Brockville. The Board shares Dr. Alabi’s concern that while Mr. Lawless is waiting for a transfer to Ottawa (which could be a long wait) he might choose not to engage in treatment or invest in therapeutic relationships at the Hospital.
There is opportunity for Mr. Lawless to transition into the community in Brockville and then ask for a transfer to Ottawa at a later date. In the Board’s opinion, there is no evidence of benefit to Mr. Lawless of a transfer currently. Rather, there is evidence that a transfer could be detrimental to his progress and his liberty. The Royal Ottawa is not in favour of the transfer, and it is an important consideration for the Board that the demand for services at the Royal Ottawa is so high that patients in detention cannot be placed there.
Least Onerous, Least Restrictive, Necessary and Appropriate Disposition:
This Board finds that a continuation of the current Detention Disposition with the expansion of the catchment area as detailed in the formal Disposition is the necessary and appropriate Disposition to provide the support required for Mr. Lawless to progress in his rehabilitation into the community. The extension of the geographic perimeter provides Mr. Lawless the opportunity to explore programs, including carpentry school, without the need for him to live in the city or transfer to the Royal Ottawa. Although Mr. Lawless has shown improvements from the prior reporting year, in Dr. Alabi’s expert opinion, more work is needed to develop Mr. Lawless’ stable insight into the impact of substances, particularly cannabis, on his mental illness.
Of note, there have been no issues over the reporting year with medication non-compliance, which is a significant improvement from the past and Mr. Lawless is to be given credit for this. Despite recent setbacks with respect to cannabis use, Mr. Lawless has made progress and has begun to engage more fully in therapeutic programming which will assist in his recovery and reintegration into the community. As Dr. Alabi noted, it is up to Mr. Lawless how quickly he returns to the level of privileges he exercised prior to the recent slip into cannabis use.
The Hospital’s evidence was clear that there is no air of reality to a Conditional Discharge at this time. Mr. Lawless requires a level of supervision only available with a Detention order, particularly for the ability to approve any placement in the community. The Board agrees with Dr. Alabi’s expert opinion that if Mr. Lawless makes sufficient progress in the upcoming reporting year to transition to community living, the Hospital requires the ability to return Mr. Lawless to hospital quickly in the event of decompensation in his mental state, and therefore the provisions of the Mental Health Act would be insufficient to manage his risk to public safety.
The panel carefully considered the list of achievements that Mr. Lawless prepared for its consideration and appreciates the effort that Mr. Lawless took to do so.
The Board encourages Mr. Lawless to continue to work on participating in recommended programs and work with his treatment team over the next reporting year. The Board wishes Mr. Lawless all the best in the coming year.
In arriving at our Disposition, the Board has considered the paramount factor of the safety of the public, Mr. Lawless’ community reintegration, his mental condition and his other needs, all as required by s. 672.54 of the Criminal Code.
DATED this 26th day of May, 2025, at the City of Toronto, in the Toronto Region.
Ms. M. den Haan
Legal Member
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Office of the Registrar
Ontario Review Board