Re: Delroy Apple
ORB File No: 7709
Hearing held on: Thursday, May 1, 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. B. Sheppard (via Zoom) Dr. W. Loza Ms. C. Murray Mr. A. Bouvier
Parties Appearing:
Accused: Delroy Apple Counsel: Mr. A. Rai
The person in charge of hospital: Representative: Dr. K. De Freitas
Attorney General of Ontario: Counsel: Ms. N. MacDonald
AMENDED REASONS FOR DISPOSITION
(Dated May 27, 2025)
Please see underlined change to original reasons made June 10, 2025: “Ms. Marshall” has been replaced with “Dr. De Freitas” at paragraph 8.
Introduction
On April 29, 2020, Mr. Delroy Apple was found not criminally responsible on account of mental disorder (“NCR”) on a charge of aggravated assault, all contrary to the Criminal Code of Canada (the “Criminal Code”).
On May 1, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Apple’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Apple 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 to enter the community of Whitby, accompanied by staff.
Mr. Apple was present at the hearing. He was represented by counsel, Mr. Rai, throughout the proceedings.
A Hospital Report dated March 25, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Apple 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.
For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Apple 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, with terms as set out in our formal Disposition, 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. Apple’s mental health, reintegration into society, and his other needs.
Current Psychiatric Diagnoses
- Schizoaffective Disorder, Bipolar Type; Borderline Personality Disorder; Antisocial Personality Traits; and Amphetamine-type Substance Use Disorder (severe).
Position of the Parties
- At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, represented by Dr. De Freitas, supported by counsel for the Attorney General, Ms. MacDonald, took the position that Mr. Apple 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, with changes to terms to include:
a. permitting Mr. Apple to enter the community within a 150-kilometre radius of the hospital; and
b. a requirement that Mr. Apple deposit any passports and all other travel documents in his name with the person in charge and his/her designate, who shall safely keep any passport and all other travel documents deposited by Mr. Apple.
Counsel for Mr. Apple conceded significant threat and agreed with the hospital’s recommendations.
Therefore, there was a joint submission on all issues.
Index Offence
The Hospital Report describes the circumstances surrounding the index offences in detail. Briefly, on July 17, 2019, at a 24-hour convenience store in Toronto, Mr. Apple, who was not acquainted with the victim, suddenly attacked the victim by grabbing two glass bottles from a shelf, shattering them. He then tackled the victim and wrestled him to the floor where he stabbed the victim with the broken bottles multiple times. Store staff intervened and the victim was taken to a trauma center for treatment.
Mr. Apple recalled using methamphetamine the night of the offence.
Background and History
The Hospital Report contains extensive information regarding Mr. Apple’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
Mr. Apple is a 46-year-old single member of the LGBTQ+ community. He was born in Guyana. He experienced sexual and physical abuse in his childhood. He moved to Canada in 2003 and lived with relatives in Brampton. He then moved to the United States to live with his stepfather. He was deported from the United States back to Guyana in 2005 after being convicted of drug offences. He returned to Canada in 2010 where he has since resided with ‘protected person’ status based on his LGBTQ+ status.
Mr. Apple’s has an extensive criminal history beginning in 2005 in New Jersey when he was convicted of drug charges. In Canada, some of his charges include sexual assault (in 2017 and 2018), assault with a weapon, fail to comply with recognizance, possession of schedule 1 substance for the purpose of trafficking, multiple theft under charges, armed robbery, multiple indecent act charges, multiple charges of fail to comply with probation, assault peace officer, and resist arrest.
Mr. Apple reported that he first saw a psychiatrist, Dr. Truong, in the community in 2014. While in jail in 2015, he was diagnosed with schizophrenia by Dr. K. Patel, forensic psychiatrist. Mr. Apple also had frequent visits to emergency departments throughout Ontario relating to paranoia and psychosis often associated with crystal methamphetamine use. He overdosed on methamphetamine in 2015. He attempted suicide in 2017 by walking in front of a streetcar.
Mr. Apple has been supported by ODSP since 2014.
Mr. Apple was married to a woman in 2011 but separated the following year.
Evidence at the Hearing
The Board had available to it the evidence and documents forming the Record, the Hospital Report, and oral evidence of Dr. Karen DeFreitas, Mr. Apple’s psychiatrist and author of the Hospital Report.
The Hospital Report notes that Mr. Apple was transferred from Waypoint Centre for Mental health Care to the secure Forensic Rehabilitation Unit (FRU) at Ontario Shores on August 29, 2024.
Mr. Apple has stated that he hears voices multiple times per day, for up to four or five minutes at a time. He denies experiencing command hallucinations.
Mr. Apple began using indirectly supervise privileges on February 6, 2025. He eloped from the hospital on February 7, 2025, during his third indirectly supervised grounds privilege. The Hospital Report states that Mr. Apple travelled to New Jersey while AWOL. He then returned to Canada and was caught when he attempted to cross the border back into the United States a second time. He was escorted by police back to Ontario Shores on February 19, 2025. He stated that he filed for asylum in the United States as a refugee.
Since Mr. Apple’s return to hospital, his off-unit privileges were suspended for some time.
Mr. Apple had been using Invega Sustenna for his psychotic symptoms from the date of admission until he went AWOL in February. When he returned from his AWOL excursion he refused further use of this medication. Since he is capable to consent to mental health treatment, the medication was discontinued. He agreed to start taking Olanzapine 10mg PO each evening.
Mr. Apple endorsed that he was still under the influence of substances upon his return, citing he had used intravenous methamphetamine every day that he was AWOL. During his time out of hospital, Mr. Apple confirmed that he experienced an increase in paranoia, delusions that others were trying to read his mind, and auditory hallucinations.
In this past reporting year, Mr. Apple has participated in group programming. He completed the EPEC Program group, and five of six Discharge 101 sessions. He attended seven of nine sessions of DBT Skills and three of six sessions of the Relapse Prevention Group and two of four sessions of the IMR: Building Social Supports group.
Mr. Apple does not have any Approved Persons.
Mr. Apple filed a Rule 13 letter seeking a transfer to the Centre for Addiction and Mental Health (“CAMH”). A Rule 13 response was received from CAMH, which set out that there is not a clear indication for the transfer of Mr. Apple to CAMH. The response notes that Mr. Apple was just transferred to Ontario Shores in August 2024, and he does not appear to have any specific connections to any location or person in Toronto. It also highlights his AWOL from Ontario Shores, travel to the United States, and use of drugs during that period. It goes on to state, “Given Mr. Apple’s poor insight into his illness and somewhat unrealistic plans about the future, I believe the concern about a further AWOL, especially from CAMH, is significant. Given CAMH’s location in downtown Toronto, it is extremely easy for people to go AWOL and access public transit within minutes.” Of note, is that this transfer was not sought at this hearing.
Dr. DeFreitas testified that since the Hospital Report was written, Mr. Apple is now receiving off-unit privileges escorted by one nursing staff and one security staff. Dr. DeFreitas is hopeful that Mr. Apple will soon be suitable to exercise privileges in a group.
Mr. Apple is now only receiving a low dose of olanzapine as an antipsychotic. To Mr. Apple’s credit, his mental state has remained stable despite this change.
Dr. DeFreitas stated that Mr. Apple went off of the Invega because he feels he doesn’t need any medication. He has told her that he finds the voices comforting.
Mr. Apple has declined to participate in concurrent disorders groups.
Dr. DeFreitas stated that the circumstances surrounding the AWOL are somewhat confusing as to what really happened. Mr. Apple told her that he has no travel documents. He said he never crossed to the United States. However, the police gave the hospital the scenario as described earlier in these Reasons.
Mr. Apple told the treatment team that he had planned the elopement from hospital a few days before he left. Dr. DeFreitas testified that she thinks Mr. Apple was fed up with the restrictive environment of the hospital. She does not think that his elopement was psychotically driven.
During the span of the AWOL, the Invega would have still been effective since he was not yet due for another injection prior to his return to hospital.
Mr. Apple has not been aggressive at Ontario Shores. In fact, he was described by Dr. DeFreitas as a model patient up until the AWOL incident. Mr. Apple had received in the reporting year an award for enthusiastic participation in a program.
In response to a question of the Board, Dr. DeFreitas testified that the 150-kilometer radius to enter the community accompanied by staff is requested in the Disposition (currently clause 5(d)) to standardize the term with all ‘radius terms’ at Ontario Shores.
Dr. DeFreitas testified that Mr. Apple does not have command hallucinations to harm himself or others. However, his risk to the public significant when he consumes substances.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board independently finds that Mr. Apple remains a significant threat to the safety of the public.
Mr. Apple continues to exhibit symptoms of his illness including auditory hallucinations. He recently pulled his consent to treatment with Invega Sustenna. Although he has remained mentally stable on a low dose of olanzapine, the olanzapine is not optimized.
Mr. Apple used methamphetamine daily while AWOL from hospital. He experienced an exacerbation of his symptoms including paranoia, delusions that others were trying to read his mind, and auditory hallucinations.
The Hospital Report is clear that, based on the Risk Assessment, Mr. Apple’s risk for future violence is moderate if he were awarded a Detention Order with a provision for community living. The Board relies on this Risk Assessment.
Mr. Apple has a lengthy history of violence dating back to 2012 including convictions for armed robbery, indecent act (multiple counts), sexual assault (multiple counts including a nurse), and violent assaults (with and without weapons). He has a history of a serious index offence causing serious physical harm to a stranger who required medical treatment at a trauma centre for stab wounds. He has demonstrated a clear pattern of violence risk in the context of substance use. When Mr. Apple eloped from hospital this year, he relapsed to the use of methamphetamine. He remains a high elopement risk at this time.
In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.
The Board accepts the uncontroverted evidence of Dr. DeFreitas and the evidence contained in the Hospital Report.
Mr. Apple should re-engage in concurrent disorders treatment to help him manage his desire to use substances.
The Board has serious concerns regarding his medication non-compliance, limited insight, and elopement risk. Given the preponderance of evidence, Mr. Apple is not suitable for community living at this time.
The Board agrees it is necessary to add the agreed terms regarding depositing of travel documents with the hospital and specifying a 150-kilometer accompanied privilege radius. Therefore, those terms will be added to the disposition.
The joint submission of the parties is accepted.
The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is a continuation of the Detention Order within the Forensic Program at Ontario Shores on the same terms as last year, with the addition of the travel document term and amendment of the radius of privileges term, as set out in our formal Disposition.
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