Re: William Burton Konkle, 2025 CanLII 49381

Re: William Burton Konkle

Re: William Burton Konkle

ORB File No: 4098

Hearing held on: Wednesday, April 30, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. G. Beasley

Members: Dr. R. Kunjukrishnan (via Zoom)

Dr. W. Loza

Ms. C. Murray

Mr. A. Bouvier

Parties Appearing:

Accused: William B. Konkle

Counsel: Ms. J. Boissonneault

The person in charge of hospital: Counsel: Ms. A. Marshall

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated May 27, 2025)

Introduction

1. On December 23, 2004, Mr. William Burton Konkle was found not criminally responsible on account of mental disorder (“NCR”) on charges of attempted robbery and breach of probation, all contrary to the Criminal Code of Canada (the “Criminal Code”).

2. On April 30, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Konkle’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Konkle was ordered detained within the Forensic Program at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the hospital”), with privileges up to and including passes for up to 12 hours to enter the community, within a 150-kilometer radius of Ontario Shores, indirectly supervised.

3. Mr. Konkle was present at the hearing. He was represented by counsel, Ms. Jocelyne Boissonneault, throughout the proceedings.

4. A Hospital Report dated March 19, 2025, was entered as Exhibit 1.

5. The issues to be determined are whether Mr. Konkle continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

6. For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Konkle continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition within the Forensic Program of Ontario Shores is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Konkle’s mental health, reintegration into society, and his other needs.

Current Psychiatric Diagnoses

7. Schizophrenia; and Cannabis and Cocaine Use Disorder (in remission in a controlled environment).

Position of the Parties

8. At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, represented by Ms. Marshall, supported by counsel for the Attorney General, Ms. MacDonald, took the position that Mr. Konkle continues to represent a significant threat to the public and the necessary and appropriate Disposition is a continuation of the current Detention Order on the same terms as last year.

9. Counsel for Mr. Konkle, Ms. Boissonneault, conceded significant threat and agreed with the hospital’s recommendations.

10. Therefore, there was a joint submission on all issues.

Index Offence

11. The index offences occurred on October 10, 2004, in the GO Train parking lot in Pickering, Ontario. Details of those offences are outlined in the Hospital Report. Briefly, after the victim started a van and went to the rear of it, Mr. Konkle entered the driver’s seat and refused to leave, telling the owner the vehicle was his. The victim moved towards Mr. Konkle, and he pushed her away. Mr. Konkle left after the victim reached for her phone to call police. At the time, he was subject to a probation order to keep the peace and be of good behaviour.

Background and History

12. The Hospital Report contains extensive information regarding Mr. Konkle’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.

13. Mr. Konkle is a 57-year-old single male. He has an extensive criminal history of over 60 charges. His criminal history dates back to 1984 with some of the charges being theft under, break and enter and theft, escape lawful custody, assaults, uttering threats, and failing to comply with court orders.

14. Prior to the index offences Mr. Konkle had been in and out of psychiatric hospitals since approximately 1988. By the time of his index offences, it was clear that Mr. Konkle was unable to function well outside of institutional settings. There were chronic issues regarding compliance with medications and he had little or no insight into his need for treatment.

15. Mr. Konkle has a grade 9 education.

16. Mr. Konkle is supported by the Ontario Disability Support Program (“ODSP”) and receives a monthly Personal Needs Allowance (PNA).

17. Following Mr. Konkle’s NCR finding on December 23, 2004, he was admitted to Ontario Shores pursuant to a Disposition of the Board. He has continued to be detained at Ontario Shores for the past 20 years without any periods of community living.

Course Since Last Disposition

18. Mr. Konkle remains incapable to consent to treatment with antipsychotic medications. His mother is his substitute decision maker (SDM).

19. Mr. Konkle has remained on the Forensic Assessment and Rehabilitation Unit (FARU) for the entirety of the reporting year.

20. Mr. Konkle continues to suffer from residual psychotic symptoms that ebb and flow. He has paranoid delusions related to being harmed by gang members, which occasionally require PRN medication to relieve distress. He also occasionally suffers grandiose delusions related to a “Sun God”, which directs him to fast. He becomes increasingly paranoid about his food during these grandiose delusions. In early January 2024, Mr. Konkle was placed on therapeutic engagement every 15 minutes while awake due to his delusional thought content. He agreed to the addition of loxapine at noon to treat his symptoms.

21. Mr. Konkle had a few incidents of verbal aggression during the reporting year. Also, in September 2024, Mr. Konkle threw his cup of hot instant noodles across a table thus splashing hot water on a staff member. In November 2024, Mr. Konkle punched a peer multiple times during a walk on hospital grounds and continued to pursue the peer when he ran away.

22. Mr. Konkle exercised community privileges with his mother who is his Approved Person.

Evidence at the Hearing

23. The Board had available to it the evidence and documents forming the Record, the Hospital Report, and oral evidence of Dr. Claire Harrigan, Mr. Konkle’s psychiatrist and author of the Hospital Report.

24. Dr. Harrigan testified that she has been Mr. Konkle’s psychiatrist since 2020.

25. Dr. Harrigan stated that on April 12, 2025, while at Tim Hortons on an outing, Mr. Konkle got into a verbal dispute with a co-patient over money that was owed to him. Mr. Konkle spit on the patient. His privileges were suspended. Mr. Konkle now has his privileges back.

26. As a further update to the Hospital Report, Dr. Harrigan advised that Mr. Konkle is undergoing a cognitive assessment, which should be completed by June of 2025. Once complete, recommendations regarding treatment and care will be provided to the treatment team. Dr. Harrigan gave Mr. Konkle much credit for participating in the cognitive assessment.

27. This year Mr. Konkle’s mental status continued to fluctuate. However, the fluctuations are for a shorter period of time and less intense than they have been in the past.

28. Dr. Harrigan testified that Mr. Konkle is on two injectable antipsychotic medications. His paliperidone is now optimized. He is now more emotionally regulated though he still experiences some undertones of paranoia.

29. Dr. Harrigan testified that Mr. Konkle has been compliant with his medications. He has not brought contraband into the unit.

30. Over the next year, the team’s plan is to encourage Mr. Konkle to keep working with the behavioral therapist and also encourage him to attend groups. Mr. Konkle normally does not like working in a group setting. The treatment team will encourage Mr. Konkle to engage in a concurrent disorders program before considering his transfer to a General Forensic Unit at the end of the year.

31. In response to questions of Ms. MacDonald, Dr. Harrigan confirmed that Mr. Konkle will likely require a single room when his is transferred to a General Forensic Unit. This could delay his transfer.

32. In response to questions of Mr. Boissonneault, Dr. Harrigan testified that Mr. Konkle is tolerating the optimization of the paliperidone well. Since the medication increase, he has told Dr. Harrigan that he feels safer on the unit and he has been less compelled to engage in fasting.

Analysis and Conclusions

33. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board independently finds that Mr. Konkle remains a significant threat to the safety of the public.

34. Mr. Konkle suffers from schizophrenia. He continues to have residual symptoms including paranoid and grandiose delusions. He continues to be challenged with impulsivity and mood lability, particularly while more symptomatic. He has limited insight into his mental illness and recurring symptoms.

35. According to the Hospital Report, Mr. Konkle engaged in physical aggression on two occasions this year. In addition, Dr. Harrigan testified about the April 2025 incident of aggression wherein he spit on a co-patient. There were a number of incidents of verbal aggression toward staff in the past year. It is clear from the evidence of recent violence, and ongoing residual symptoms that Mr. Konkle remains a significant threat to the safety of the public.

36. In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.

37. The Board accepts the uncontroverted evidence of Dr. Harrigan and the evidence contained in the Hospital Report.

38. The Risk Management Plan contained in the Hospital Report points out that Mr. Konkle’s risk for future violence is estimated to fall in the low-moderate range when considering a continuation of the current Disposition. However, his risk for future violence would be high under a Conditional Discharge.

39. Over the course of the coming year, the hospital intends to make continued efforts to augment and optimize Mr. Konkle’s medications in order to manage his ongoing treatment resistant symptoms. The hospital has also described the step-wise progress intended for Mr. Konkle to progress to a General Forensic Unit, including participation in individual concurrent disorders programming. It is hoped that such a transfer will happen in the next year.

40. The joint submission of the parties is that here be no change in Mr. Konkle’s Disposition for the coming year. The Board finds that there is ample evidence to support a finding consistent with the joint submission. The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is a continuation of the current Detention Order on the same terms as last year.

41. The panel would like to commend Mr. Konkle for participating in the cognitive assessment. The results will help the hospital determine needs and resources to move Mr. Konkle forward in his recovery.

DATED this 27th day of May 2025, at the City of Toronto, in the Toronto Region.

Ms. Christine Murray

Legal Member

____________________________

Office of the Registrar

Ontario Review Board