Ontario Review Board
Re: Michael Cutsey
ORB File No: 7512
Hearing held on: Thursday, April 10, 2025
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. S. Hucker Dr. S. Wiseman Ms. M. Chamberlain Mr. A. Mete
Accused: Michael John Cutsey
Counsel: Mr. D. Northcott
Person in charge of hospital: Representative: Dr. A. Adiele
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated May 27, 2025)
Introduction
On March 19th, 2019, the accused, Michael Cutsey, was found not criminally responsible on charges of Uttering Threats to Cause Death(x2), Assault, and Failure to Comply with Probation Order, all contrary to the Criminal Code of Canada (the “Criminal Code”). He is currently subject to a Disposition of the Ontario Review Board dated March 28th, 2024 detaining him at the secure forensic unit of the Brockville Mental Health Centre (BMHC) with privileges up to and including to live in the community in accommodation approved by the person in charge.
On April 10th, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Brockville Mental Health Centre (“BMHC”) pursuant to s. 672.81(1)of the Criminal Code of Canada. The annual review for Mr. Cutsey was held in person. The hospital was represented by Dr. A. Adiele, the Attorney-General by Ms. Marie Dufort and Mr. Cutsey’s counsel, Mr. David Northcott appeared via Zoom Audio Visual Technology. Also in attendance was Mr. Cutsey’s mother Kathleen, appearing via Zoom Technology.
The following documents were entered as Exhibits at the hearing:
Exhibit 1: Hospital report dated Feb 21, 2025,
Exhibit 2: Updated Risk Assessment dated April 1, 2025,
Exhibit 3: Response from North Bay hospital regarding transfer request dated March 28, 2025.
Without Prejudice Position of the Parties:
Dr. Adiele indicated that the hospital was asking for a continuation of the current detention disposition with an adjustment to paragraph 2(e) to enable the patient to reside in the community of south-eastern Ontario or North Bay in accommodation approved.
Ms. Dufort indicated she anticipated being ad idem with the hospital’s position, but will have some questions.
Mr. Northcott advised he anticipated a joint submission.
Background and Index Offence
- The circumstances giving rise to the index offences are set out as follows:
“Utter Threat to Cause Death:
On Sunday, December 9, 2018, at approximately 12:00 p.m., [the female victim] and the accused were located on floor D2 at the North Bay Regional Health Centre, within the City of North Bay, Ontario. The accused began to ask [the female victim], a Registered Practical Nurse employed by the hospital, about the new admissions. [The female victim] politely told the accused that she could not divulge their names, at which time the accused became irate. The accused then said, “Just wait and see. You’re all going to get it. I’m going to kill you all on Christmas Day; then hang myself’. [The female victim] then tried to calm the accused; however, this was unsuccessful, as he repeated this threat another two times in succession. [The female victim] believed this threat to be genuine and, as a result, became fearful for her safety, as well as the safety of the rest of the staff and patients.
Utter Threat to Cause Death:
On December 14, 2018, at approximately 12:30 p.m., [the male victim] was seated in the lounge area of floor D2 at the North Bay Regional Health Centre, within the City of North Bay, Ontario. [The male victim] was seated in the dining area, finishing his lunch, at which time the accused approached him and told him, “I’m going to kill you, you fucking faggot”. The accused had done this totally unprovoked by [the male victim] and the two were separated by staff immediately after the incident occurred. Police were contacted in relation to this matter, at which time Constable Fay of the North Bay Police attended to speak with [the male victim]. A statement was obtained from [the male victim], in which he advised that he does believe the accused to be genuine in that he is fearful for his safety and further that the accused has the means to cause death to him.
Failure to Comply with Probation Order
On May 5, 2018, the accused was released on an adult Probation Order by the Honourable Justice G.P. Rodgers, which listed multiple conditions including that of ‘keep the peace and be of good behaviour’. The Order was in force for a period of three years starting September 13th, 2016.
Assault:
The accused is a Form 4, non-verbal patient in the Deer Lodge Forensic Psychiatric Unit at the North Bay Regional Health Centre. The victim and the witness are nurses who work in the Deer Lodge Forensic Psychiatric Unit at the North Bay Regional Health Centre.
On the 29 of December, 2018, at approximately 8:35 p.m., the [male]witness advised the accused that it was snack time, at which time the accused began to stare him down, clenching his fist and walking slowly towards the witness. Once the accused was in close proximity of the witness, he swung a closed fist at him, not making contact. The witness attempted to communicate with the accused and calm him down; however, the accused again swung another closed fist at the witness, missing him. The [male] victim heard the commotion from another room and attended the common area where the accused and the witness were. The accused’s attention then turned towards the victim, at which point he grabbed the victim’s arm, causing a tear in his t-shirt on the left sleeve, and threw him to the ground. The victim struck his knee on contact with the floor, causing immediate swelling and he feared for his safety. The accused continued towards the victim while he was on the ground but the victim was able to defend himself and struck the accused in the stomach with his foot. The accused backed up and entered the diversion room in the unit, at which point the altercation stopped. As a result of the accused applying direct force intentionally to the victim, he will be charged with one count of Assault. Constable Udeschini of the North Bay Police Service attended the Deer Lodge Forensic Psychiatric Unit and obtained statements from the victim and the witness. The witness declined proceeding with an assault complaint and was not injured.”
Current Diagnoses
- Mr. Curtsey’s current diagnoses are:
Schizophrenia,
Attention Deficit/Hyperactivity Disorder (by history),
Polysubstance Use Disorder (Stimulant, Opioids, Cannabis) - abstinent while in a controlled setting,
Post-Traumatic Stress Disorder (by history),
Antisocial Personality Disorder.
Evidence at the Hearing
The Board admitted into evidence the Hospital Report and Updated Risk Assessment as Exhibits 1 and 2 respectively. These documents provide a great deal of information concerning Mr. Cutsey’s personal history, mental health history as well as his course in hospital and in the community, both prior to and subsequence to the index offences. As both documents were made Exhibits, it is unnecessary to reproduce the information contained therein in these Reasons.
Dr. Adiele indicated that he has nothing significant to update or change since the writing of the Hospital Report and Updated Risk Assessment. Overall, Mr. Cutsey remains stable in his clinical presentation. He is now permitted to return home for overnight visits which have gone well. Both of his parents are involved in his care, particularly his mother. Mr. Cutsey has not tested positive for substances since admission and no physical aggression has been reported.
Mr. Cutsey’s insight regarding his diagnosed mental disorders remains limited. He is incapable vis-à-vis treatment and finances. His mother is his substitute decision-maker for both. He continues to deny that he suffers from any mental illness or requires medication. To date, 1:1 therapy has not gone well and has been put on hold because Mr. Cutsey has been unwilling to discuss certain aspects of his past.
The BMHC treatment team has no objection to Mr. Cutsey’s transfer to North Bay although the family is reluctant to have him reside in that community at this time. Responding to questions from Ms. Dufort, Dr. Adiele stated that the wait time for a transfer is unknown.
Ms. Dufort noted that North Bay Regional Health Centre Forensic Psychiatrist, Dr. Jean-Guy Gagnon’s letter of March 28th, 2025, indicates that hospital does not support community living in North Bay for Mr. Cutsey at this time. Dr. Adiele agrees, adding that the plan is for Mr. Cutsey to be transferred to North Bay as an inpatient. Dr. Adiele advised that many of Dr. Gagnon’s concerns have been addressed in the psychometrist’s report, entered as Exhibit 2. Dr. Adiele reiterated that if transferred to North Bay, Mr. Cutsey would have to be transferred as an inpatient, even if living in the community in Brockville at the time of transfer.
Mr. Cutsey is currently on a ward which is the last stop prior to transfer to the community. Dr. Adiele foresees Mr. Cutsey residing in a 24-hour supervised residence after having completed additional therapeutic interventions which would not occur until 2026. Thereafter, Dr. Adiele envisions Mr. Cutsey living at the FITT House, located on the grounds of the Brockville Mental Health Centre for six months and thereafter requiring accommodation with not less than 8-hours of daily supervision.
Dr. Adiele also recognized that it was appropriate to extend the duration of passes in subparagraph 2(d) for up to seven days. Dr. Adiele noted that his patient required that duration over the Christmas holidays when his mother came from North Bay to pick him up and then drove him back to Brockville. Further, 2(d) should read “with itinerary approved”.
Dr. Adiele was unaware whether the same range of therapeutic programming was available at the North Bay hospital as in Brockville.
Questioned by Mr. Northcott, Dr. Adiele agreed that his patient has exercised privileges appropriately, albeit infrequently. Mr. Cutsey mentions that he has insufficient money to go out and the colder weather may also have impacted his desire to do so.
Before Mr. Cutsey can be transferred to the community, his propensity to access the community indirectly supervised must increase. Ordinarily he goes out accompanied by staff. Dr. Adiele recognized that indirectly supervised passes are not currently provided for and therefore need to be added to his disposition.
Mr. Cutsey has not tested positive for substances in the four years he has been at Brockville. Mr. Cutsey recently advised he had completed his Grade 12 credits which is yet another positive achievement. However, Dr. Adiele would like to see Mr. Cutsey out of his room off the ward in the community more frequently. Were he to leave the hospital to go for a meal this would indicate improving signs towards community reintegration. Additionally Dr. Adiele would want to see Mr. Cutsey engage more in 1:1 programming and start participating in recommended programs.
At this time, Mr. Cutsey has no active psychotic symptoms but negative symptoms such as minimal motivation, persist. Mr. Cutsey can be hard to reach and will shut down if he feels uncomfortable with a subject matter.
Mr. Cutsey’s father has stated that if his son is not venturing out of the hospital he would curtail the funds that he has been providing on a monthly basis. At present Mr. Cutsey is not motivated to do more than smoke his pipe and play video games.
Dr. Adiele doubts that this patient’s level of limited engagement will improve if transferred to the North Bay Regional Hospital. Mr. Cutsey’s mother would nevertheless like to see her son transferred because that hospital is situated in the community where she lives.
Ms. Dufort referenced paragraphs 19 to 23 from last year’s Reasons for Disposition which indicate Mr. Cutsey’s mother was previously reluctant to have him transferred to North Bay because she saw better possibilities of community reintegration in Brockville. This position has changed because Mr. Cutsey’s recent travel pass to North Bay went well.
Mr. Cutsey’s mother was called to testify. She indicated that her son’s mental health has been consistent and that she speaks with him twice per day. He now has aspirations for his future.
Mrs. Cutsey did not previously appreciate that if her son were transferred to North Bay he would remain under the auspices of the Ontario Review Board. She feels that by history, the North Bay Regional Hospital is biased against her son. Now knowing that he will remain under the auspices of the ORB, she is more comfortable with him transferring to the North Bay Regional Hospital.
Mrs. Cutsey advised that her daughter, Mr. Cutsey’s sister, may be moving to Las Vegas via an inter-company transfer to work for the family business. That would provide her son (Mr. Cutsey), with the opportunity to work at the family business in North Bay which is focused on e-commerce and warehouse management. Mrs. Cutsey added that she herself has many business connections in the North Bay area.
Closing Observations
Ms. Dufort noted that Dr. Adiele anticipates that Mr. Cutsey will remain in hospital for the next 12 months and that anything less than 8-hour supervised community accommodation would be inappropriate.
Mr. Northcott indicated that he is in support of the hospital position, including the two changes proposed.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Cutsey continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Cutsey continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Adiele that Mr. Cutsey continues to pose a significant threat. The Board also relies on Exhibits 1 and 2 in determining that Mr. Cutsey suffers from Schizophrenia; a major mental illness, complicated and impacted by four disorders referenced under the Current Diagnosis heading of these reasons. In particular, the Summary contained on the first page of Exhibit 2 apply substantiates the basis of this patient’s ongoing risk to public safety and is reproduced below for ease of reference.
Mr. Cutsey is at a moderate/high risk for both violent and general recidivism based on assessment of both static and dynamic predictors of risk.
Based on historical patterns of behaviour, Mr. Cutsey’s recidivism will likely involve violent behaviours similar to his historical offenses.
Medication adherence, mental health stability, social support, insight into mental health symptoms, exposure to stressors, and substance use as coping are identified as the most relevant dynamic factors impacting recidivism risk.
- The Board therefore accepts that absent an ORB Disposition, Mr. Cutsey would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Cutsey will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Cutsey continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Cutsey’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Cutsey provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Cutsey needs, the Board was attentive to Dr. Adiele’s recognition that the NBRHC would only want to see Mr. Cutsey transferred to that hospital on an inpatient basis. In the circumstances, given:
Mr. Cutsey’s limited insight vis-à-vis his mental illness and need for medication,
NBRHC’s insistence that he be transferred there as an in-patient,
His parents’ reluctance to have him reside in the community of North Bay at present,
Mr. Cutsey’s negative symptoms of his illness which manifest in minimal motivation to engage in therapeutic programming or venture into the community.
- The parties were ad idem regarding the terms and conditions proposed for the coming year which are also viewed as necessary and appropriate by this panel. We note that Mr. Cutsey has now completed his Grade 12 equivalency and is fortunate to have the ongoing support of his family.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Cutsey poses to the safety of the public while still meeting his needs, is a Detention Disposition together with a transfer to North Bay. Further, the Disposition is to include indirectly supervised community access with a community living provision for Brockville, but not for North Bay, in the event a transfer takes place during the upcoming reporting year.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Adiele and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Cutsey’s mental condition, his reintegration into society and other needs.
DATED this 27th day of May, 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
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Office of the Registrar Ontario Review Board