Ontario Review Board
Re: Brian Mandamin
ORB File No: 8631 & 8762
Hearing held on: April 16, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.47(1) and 672.48(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: Brian Mandamin 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 29, 2025)
Introduction:
On September 20, 2024, Brian Charlie Mandamin was found unfit to stand trial on charges of aggravated assault (x2), possession of weapon for a dangerous purpose, and failure to comply with release order (x2). Following the finding of unfitness, there were a number of pre-hearing conferences concerning Mr. Mandamin. One of those pre-hearing conferences directed a 60-day assessment order. There was some difficulty in arranging for Mr. Mandamin to attend at the Thunder Bay hospital, and ultimately, the Board understands that a further fitness assessment was done using videoconferencing through O.T.N.
Accordingly, 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 initial disposition hearing for Mr. Mandamin. This panel and the hospital representative and witness were present in the boardroom. Mr. Mandamin participated via videoconference from the Kenora Jail. Defense counsel Mr. Iwasiw and Crown counsel Ms. Derouard were on videoconference from their respective offices.
In addition, the parties advised that Mr. Mandamin had been found unfit on April 9,2025 on charges of break and enter and public nudity. The parties were all prepared to deal with this finding of unfitness today and requested that the Board conduct an initial hearing for both matters. The Board agreed to do so.
A preliminary issue was whether Mr. Mandamin required an interpreter to assist with this hearing. Mr. Iwasiw believed that an interpreter was not required. Mr. Iwasiw advised that he speaks with Mr. Mandamin using the English language. At our hearing, Mr. Iwasiw asked his client whether he would like an interpreter or was prepared to proceed in the English language and Mr. Mandamin immediately responded, saying, “English.” Accordingly, the hearing proceeded on that basis.
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. Mandamin is unfit to stand trial, and if the Board so finds, it is the hospital position that Mr. Mandamin should be subject to a Detention Order.
The Board understands that there is presently a significant waiting list for a bed at the Thunder Bay hospital. Ms. Davidson was instrumental in locating a forensic hospital that would accept Mr. Mandamin as a patient until such time as a bed became available at Thunder Bay. The hospital was asking for a Detention Order at the Secure Forensic Unit at the Thunder Bay Regional Health Sciences Centre (T.B.R.H.S.C.), but pending the availability of a bed, that Mr. Mandamin be detained at the North Bay Regional Health Centre – North Bay site.
Ms. Derouard appeared for the Attorney General. She agreed that Mr. Mandamin is unfit to stand trial and she agreed with the proposed Detention Order.
Similarly, Mr. Iwasiw, on behalf of his client, accepts that at the present time his client is unfit to stand trial and accepts that Mr. Mandamin be detained at North Bay until such time as a bed is available at Thunder Bay. As Mr. Iwasiw put it, “It is better that he be in hospital rather than jail.”
Outstanding Charges re: April 9, 2025 finding
- The facts of these outstanding charges are set out in the Hospital Report as follows:
On January 31, 2024, at approximately 10:40 am, Thunder Bay Provincial Communications Centre received a call from Gay MCDONALD stating that Brian MANDAMIN was in the school at 4:30 am; it was unknown how he got in. He was observed to be going through items, attempting to gain access to the classroom computer and masturbating in the Kindergarten classroom. Constable Spencer and Jonski responded.
09:48 hrs. Police called and spoke to Gay MCDONALD and made a plan to attend school to obtain video footage and further details.
15:42 hrs. Police arrived at Mizhakiiwetung Memorial School and spoke with Gay MCDONALD. Video footage was viewed and downloaded onto a USB. The footage showed a male known to MCDONALD as Brian MANDAMIN entering a locked kindergarten classroom at night with a backpack, sporadically going through several items, placing some in his bag, attempting to gain access to a computer in the school and exposing his penis, then masturbating while walking around the room.
MCDONALD advised that school janitor Joelynn SCOTT had found three condoms left in that same classroom on January 22, January 29 and January 30. Classroom teacher Jacqueline CAMERON had noted changes to the class, including that she had left the blinds up when leaving her classroom. However, they were down when she arrived these mornings.
On Tuesday, the school purchased a small home camera to see who had been coming into the classroom. The school’s camera system is not working; a live feed is active, but the cameras are not recording.
R & PG was formed for Brian MANDAMIN’s arrest for Break and Enter and nudity.
2024-02-01 at approximately 22:22 hrs, Cst. SPENCER and Cst. JONSKI, attended Phillip MANDAMIN’s residence to speak with Brian MANDAMIN. Police met first with Phillip and informed him that we had reasonable grounds to arrest Brian for breaking and entering the school and for nudity. Phillip and Brian were cooperative with Police.
22:30 hrs, Brian was placed under arrest by Cst. JONSKI.
22:31 hrs, Brian was read his right to counsel by Cst. JONSKI, when asked if he understood MANDAMIN responded “yes”. When asked if he would like to speak to a lawyer, he replied, “No.” Cst. JONSKI read the police caution to MANDAMIN; when asked if he understood, he replied, “Yes.”
22:35 hrs MANDAMIN was brought back to Treaty Three Police Whitedog detachment, where he was fingerprinted. While printing MANDAMIN, he told Cst. JONSKI that he got into the school because he knows doors.
23:50 MANDAMIN was released on a form 10 undertaking with conditions to not attend Mizhakiiwetung Memorial School or school property.
Outstanding Charges re: 2024 finding of unfitness
- The facts of these outstanding charges are set out in the Crown brief synopsis as follows:
In the early hours of May 25, 2020, Officers spoke with Paramedics in Whitedog First Nation who were looking for an injured male in a house near the Resource Centre who was assaulted with a 2x4.
The victim was located inside the residence of Grace PAISHK with an injured left knee. There was a bloodlike substance on his pants. Paramedics cut his pants and a large cut and swelling was observed on his knee. When Police asked the victim what had happened, he stated he was assaulted by the accused the night before at the Bonnie MANDAMIN residence.
The victim was taken to Lake of the Woods District Hospital for medical treatment as he was in extreme pain and was unable to walk.
At approximately 8:00 p.m., Officers attended the Lake of the Woods District Hospital to obtain a video statement from the victim, who had been admitted.
Police learned that the victim attended the residence of Bonnie MANDAMIN to visit with her. He stated that he was going to walk in as the door is usually open. That is when the accused approached him from behind, pushing him into the residence. The accused proceeded to strike the victim with a piece of wood in the head but was blocked by his arms, then hit his knee multiple times. The accused also kicked and punched the victim. The accused was stopped by his grandfather, Phillip KENT.
The accused then left the residence and the victim was told to leave. The victim attended the shelter but was told he could not stay there. He then went to Grace PAISHK’s residence to sleep. The victim woke up later with extreme pain in his knee and was unable to walk. An ambulance was called for him as he did not have a phone.
The victim advised that he sustained a broken knee and will be hospitalized for approximately 1 week and is unsure at this time if he requires surgery. The victim also sustained scrapes and bruising to his left arm and a small cut above his right eye.
At approximately 9:30 p.m., Officers were patrolling the community of Whitedog when they observed the accused walking on the Main Road East near Post Office Road. He was placed under arrest, handcuffed, and placed in the rear of the police vehicle. The accused became very angry. He was read his rights to counsel and caution, to which he stated he understood but declined a lawyer, stating he didn’t need one.
Cst HALLEY asked the accused if he knew why he was being arrested, to which he stated, “Yah because I beat him up with a 2x4 on his knees and stomped on his face.” Cst HALLEY asked where the 2x4 was, to which he answered, “Outside of Bonnie’s.”
At 9:45 p.m., Cst HALLEY located a 2x8 outside of Bonnie MANDAMIN’s residence matching the description that the victim described in relation to the size of the board. Cst HALLEY asked the accused if that was the weapon used, to which he stated yes. The board was seized as evidence.
The accused was lodged at the Treaty Three Detachment in Whitedog. He was again asked if he would like a lawyer, to which he stated he didn’t need one.
Cst HALLEY obtained a witness statement from Phillip KENT, who stated that he observed the victim at the doorway of Bonnie’s residence and saw the accused walk over there and push the victim into the house. He then went over to the house and observed the accused kicking the victim. He stopped the assault and told the accused to leave. He did not believe the victim had sustained serious injuries as the victim was able to walk away from the house. Phillip did not observe the accused with a board. He believes the accused assaulted the victim to protect the house and thought the victim was trying to break in.
As a result of this investigation, the accused has been charged with Aggravated Assault – Section 268, Weapon for a Dangerous Purpose – Section 88, And Fail to Comply – Section 145(5)(a) of the Criminal Code.
Evidence at the Hearing
- The Board admitted into evidence a number of documents, most of which have been filed in the court proceedings. In addition, the Board admitted into evidence the Hospital Report dated March 28, 2025. The Hospital Report provides a great deal of information concerning Mr. Mandamin, his personal history, his mental health history, details of the outstanding charges.. As the Hospital Report was made an exhibit at this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these reasons. We do note, however, the stated diagnosis of:
- Intellectual disability, mild
In addition to the documentary evidence, the Board heard from Dr. Leinonen. Dr. Leinonen has assessed Mr. Mandamin for fitness on two occasions. Details of the first assessment is contained in a report dated February 26, 2025. Details of the second assessment, also by Dr. Leinonen, is contained in a report dated April 2, 2025.
Dr. Leinonen was a witness at this hearing. He noted those two reports. He noted that Mr. Mandamin has been in the Kenora Jail for a period of time. It is Dr. Leinonen’s opinion that Mr. Mandamin is unfit to stand trial. Dr. Leinonen also is of the opinion that Mr. Mandamin would benefit from education regarding fitness.
In response to questions from a Board member, Dr. Leinonen provided some information surrounding the April 2nd assessment. Dr. Leinonen was of the opinion that Mr. Mandamin did slightly better than the earlier assessment. It was Dr. Leinonen’s observation that Mr. Mandamin was slightly anxious. If the doctor asked open ended questions, he would most frequently get the answer “I don't know” or “I'm not sure.” Mr. Mandamin seemed to have some modest understanding of the role of a judge. On the other hand, Mr. Mandamin stated that he does not understand why he is in jail. When Dr. Leinonen suggested or asked whether he was charged with break and enter, Mr. Mandamin seemed to accept that. When asked whether he was charged with public nudity, Mr. Mandamin denied such a charge.
In Dr. Leinonen’s opinion, Mr. Mandamin simply would not be able to participate meaningfully in any trial.
No other evidence was heard at this hearing.
Findings of the Board
At the conclusion of the evidence, the parties were again canvassed as to their positions. Each party maintained the same position, namely that Mr. Mandamin is unfit to stand trial, and if the Board so finds, he should be subject to a Detention Order on the terms recommended in the Hospital Report.
In the Board’s opinion, the joint recommendation is well founded. We accept Dr. Leinonen’s opinion and the evidence contained in the Hospital Report. In particular, we accept that Mr. Mandamin is unfit to stand trial. We accept that the necessary and appropriate disposition is a Detention Order.
Under the circumstances, we will direct detention at Thunder Bay Regional Health Sciences Centre and include a term that pending his transfer to the Thunder Bay hospital, Mr. Mandamin be detained at the North Bay hospital. At this point in time, the Board accepts the proposed privileges and prohibitions as recommended in the Hospital Report.
In reaching our decision, the Board has taken into consideration the safety of the public, Mr. Mandamin’s mental condition, his other needs, and his potential reintegration into society.
DATED this 29th day of May 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg
Legal Member
Office of the Registrar
Ontario Review Board