Ontario Review Board
Re: William Spencer
ORB File No: 8669
Hearing held on: Friday, April 11, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Fromstein Members: Dr. L.E. Cappe Dr. C. Young Hon. C. Nelson Mr. S. Duffy
Parties Appearing:
Accused: William Spencer Counsel: Mr. R. Sherman
The Person in charge of Hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated June 3, 2025)
Introduction
[1]. On October 19, 2024, Mr. William Spencer was found not criminally responsible by reasons of mental disorder (NCR) on charges of arson, disregard for life and mischief to property, all contrary to the Criminal Code of Canada. He has been on bail living in the community since shortly after committing the February 9, 2023 offences.
[2]. On Friday, April 11, 2025, the Ontario Review Board convened in person at Centre for Addiction and Mental Health (“CAMH”) and conducted the initial disposition hearing.
[3]. Ms. Warner appeared for the hospital; Ms. Culp for the Crown, and Mr. R. Sherman for Mr. Spencer.
Initial Positions
[4]. Ms. Warner submitted that the Board should find Mr. Spencer a significant threat to the safety of the public and that the necessary and appropriate disposition is a Detention Order with privileges up to living in the community in approved accommodation. In addition, Mr. Spencer should report to the person in charge or his/her designate no less than every two weeks. He should also abstain from substances and undergo testing. Mr. Spencer should also be prohibited for attending at the site of the index offence.
[5]. Ms. Culp supported the hospital. Mr. Sherman submitted that his client wanted a conditional discharge. Significant threat was not in issue.
Index Offence
[6]. Amongst the documents filed at the hearing was a Board Ordered Assessment dated March 29, 2025, which sets out the fact that on February 9, 2023, Toronto Fire Services were alerted to a fire at 502 Eastern Avenue, Toronto. The alarm was activated inside unit #302, Mr. Spencer's apartment. 502 Eastern Avenue is a four story building with apartments on each level. The building functions as affordable housing for men with psychological issues. At the time of the fire, 17 apartments of 19 were occupied.
[7]. Two residents, a neighbour and Mr. Spencer were taken to the hospital having suffered smoke inhalation. It was reported that Mr. Spencer started the fire in his unit because he was hearing voices. A total of 27 Toronto fire vehicles and 89 fire personnel were dispatched to the scene. Mr. Spencer has admitted to starting the fire.
Evidence at the Hearing
[8]. The Board admitted a number of documents into evidence, the most important of which was a Board Ordered Assessment dated March 29, 2025, and authored by Dr. Deep Jaiswal who also gave evidence at the hearing. In addition, the Board admitted into evidence (amongst other documents) two pre-hearing conference reports and a CAMH Assessment dated October 27, 2024. The Board also had before it a letter to counsel from Dr. Dorian Desbauer dated February 7, 2024.
[9]. As the Board Ordered Assessment was made an exhibit it is not necessary to reproduce all of the information contained in it about Mr. Spencer's background.
[10]. We do note, however, that Mr. Spencer was born in Collingwood, Ontario. He is almost 52 years old. He reports that he had a normal childhood. He moved to Toronto at age 16 for work. His father died when he was young and he has not seen much of his mother over the years. When he moved to Toronto he resided with a maternal uncle who died in his early 50s. Mr. Spencer has an older brother whom he has not seen in about 35 years. Mr. Spencer also has a daughter, born in 1992. He has seen her only once when she was about 14.
[11]. Mr. Spencer did not graduate from high school. He completed a general education program while incarcerated at Maplehurst Correctional Facility. He reports that around 12 years of age he broke into someone’s premises and took money. At 16, he broke into a car and stole an “eight-track”.
[12]. His employment was mainly in construction and he also worked for moving companies including one for about 12 years. He had two romantic relationships with women. Both lasted about 10 years. Mr. Spencer has had a history of consuming alcohol, cannabis, cocaine, crystal methamphetamine and opioids. He started consuming alcohol at about age 19 and cocaine about 15 years ago. A report from St. Michael's Hospital in 2023 indicated that Mr. Spencer was a “heavy drinker”.
[13]. Mr. Spencer first saw a psychiatrist in 2023. His history is devoid of manic symptoms or depressive episodes, self-harm or suicide ideation. In February 2023, he attended at the emergency department of Toronto Western as he was experiencing auditory hallucinations and hearing threatening voices coming from his television set. Regarding the index offence, he expressed regret and stated he had no intention of harming anyone but set his apartment on fire in a desperate attempt to save himself from the voices that were threatening to kill him. The voices interfered with his sleep. By April, the voices had faded in intensity, after Mr. Spencer initiated clozapine medication. A neurological consultation in February 2023, indicated a medical history of asthma, hyper active gastro-esophageal reflux disease and a transient ischemic attack.
[14]. The Board Ordered Assessment contains information about Mr. Spencer's past criminal activities. There are nine convictions dating from 1992 with the longest time served being 18 months. None of his crimes involved violence.
[15]. Mr. Spencer has been on bail since February, 2023. He has been living in the community without incident. In terms of supervision, he attends a bail program every Thursday. He reports mood stability and being “content”. He also reports having “a couple of beer” daily. He states that he does not have any special health problems. He feels he has turned a corner.
[16]. Mr. Spencer's current residence has been obtained through Toronto Community Housing and is rent geared to income. ODSP pays Mr. Spencer's rent directly.
[17]. With respect to Mr. Spencer's mental health, we note that the Board Ordered Assessment states that the behaviours associated with the index offence likely flowed from his experience of auditory hallucinations and delusions. In the context of active psychotic symptoms, he evidenced poor judgment associated with his behaviours at the time of the index offence and lacked insight into his symptoms. These symptoms residually persisted despite treatment with multiple antipsychotic medications. His current diagnoses are schizophrenia (late onset), multiple episodes, in full remission.
[18]. Dr. Jaiswal testified that Mr. Spencer is no longer on medication and has not been on any since December, 2024. He did not renew his prescription and it was discontinued. He does not wish to take medication as he has no symptoms at this point. Dr. Jaiswal does not agree with this decision. His evidence is that the best practice to minimize symptoms of his illness is for him to be on antipsychotic drugs. As well, housing stability is an essential piece to managing Mr. Spencer’s illness and risk.
[19]. Dr. Jaiswal points out that the day before the index offence, Mr. Spencer was found unsuitable for an admission under the Mental Health Act and was discharged from the hospital where he had attended. It was felt that he did not meet the criteria for a Form 1. Dr. Jaiswal does not feel that the Mental Health Act would be suitable for the management of Mr. Spencer's risk, given the unpredictability of his illness. In answer to a question from Ms. Culp, Dr. Jaiswal pointed out that Mr. Spencer is still in his early days without medication treatment. It is only five months since he stopped. Dr. Jaiswal states that he has not had a sustainable or substantive period of stability without medication. At the moment the only oversight that Mr. Spencer has is provided through the Toronto Bail Program.
[20]. Dr. Jaiswal was asked by Mr. Sherman about Mr. Spencer's risk factor. Mr. Sherman explored whether it was from not taking medication or drinking. Dr. Jaiswal stated it was a combination of factors including no treatment, no psychiatric involvement, cannabis, stressors and excessive drinking. Dr. Jaiswal also stated that a reporting condition would help with clinical stability. The doctor remains concerned about chronic consumption of alcohol.
[21]. In answer to further questions from Mr. Sherman, Dr. Jaiswal said while it is rare to develop mental illness at his age, he has had a substantive period of psychosis so it is likely that this will occur again. Treatment is crucial; there is no indication that Mr. Spencer is treatment resistant. Being under the supervision of the Board would also allow psychoeducation. Dr. Jaiswal stated that a conditional discharge would not be an appropriate disposition now as Mr. Spencer would have to be brought to the hospital quickly if he began to decompensate. When asked what would happen if Mr. Spencer breached an abstention condition especially as regards alcohol, Dr. Jaiswal said a harm reduction approach might be considered.
[22]. In answer to a question from a panel member, Dr. Jaiswal testified that Mr. Spencer should work with an outpatient clinical team, with high frequency reporting and monitoring. A hospital placement now would be intrusive and onerous.
[23]. In answer to a question from a panel member, it was determined that there is no prohibition against Mr. Spencer using alcohol as part of his bail conditions. Abstention is requested because of the possibility of alcohol induced psychosis. Dr. Jaiswal also added that although Mr. Spencer said he could quit alcohol at any time, this is not realistic.
Mr. Spencer’s Evidence
[24]. Mr. Spencer told the panel that he personally would prefer not to take any medication but would do so if asked. His complaint is that medication makes him dizzy and “out of whack”. He states that he is not a drug person. He adds that the medication he was on made him mellow and stopped the shakes. Mr. Spencer told the panel that the people who live in his building do not really associate with one another. They have mental health issues. He added that he is a good person who likes to go to the library, fishing, walking and movies. He likes to eat and cook. Mr. Spencer plans to remain living in his present accommodation.
[25]. No further evidence was submitted.
Submissions
[26]. Ms. Warner submitted that Mr. Spencer represents a significant threat to the safety of the public and that a detention order with privileges up to living in the community in approved housing is the necessary and appropriate disposition. She points out that it is rare to face a new diagnosis of schizophrenia at Mr. Spencer’s age. This is not typical and the hospital is still in the early days of understanding how to keep him well and to ensure that he is not a significant risk to the safety of the public. The index offence was terrifying for him and could have been catastrophic for many residents. The hospital needs to understand what to do to keep Mr. Spencer’s symptoms at bay. It is hard to know what caused his symptoms - housing issues, substances or his naturally occurring illness. Mr. Spencer does not appear to have robust insight into his mental illness. He will need to be monitored by a treatment team with respect to his drinking. Given neighbour issues at his prior building, the Board will need to have careful oversight of his housing environment. Hearing his evidence gives rise to some future stressors that he might have in his current environment. It is, therefore, essential that the hospital approve his housing. The hospital submits that a detention order with Mr. Spencer continuing to live in the community and attaching to a treatment team is warranted.
[27]. Ms. Culp supported the hospital’s position. She submitted that Mr. Spencer requires close monitoring under a detention order. She also pointed out that the current bail conditions prohibit Mr. Spencer from having incendiary devices or material and stated she would leave that condition up to the Board.
[28]. Mr. Sherman submits that a conditional discharge should be considered as the least onerous and least restrictive disposition for Mr. Spencer. He points out that Mr. Spencer has been on bail for over two years with no issues. He has been stable in the community. Even if his insight is limited re the alcohol issue, he has respect for the need to take medication, if required. He would willingly report to the hospital at least once a week. This is so even if he does not currently see much need for these restrictions.
Conclusion
[29]. Having heard the evidence, the Board, quite apart from the joint submission on significant threat, finds of its own accord that Mr. Spencer is a significant threat to the safety of the public. His index offence was very serious and it was fortunate that it did not have catastrophic results.
[30]. A detention order in the Forensic Service at CAMH is necessary and appropriate to manage Mr. Spencer’s risk. Without knowing the cause of Mr. Spencer’s illness, the Board must be in a position to approve his housing. It must also be in a position to move him to the hospital quickly should he start to decompensate. Mr. Spencer is averse to taking medication and it is still early days since he stopped. He has little insight into the danger of his alcohol consumption and the effect it could have on his mental illness. The Mental Health Act would not be sufficient to manage his risk. An example is the fact that the Mental Health Act did not operate to keep him in the hospital the night before he committed the index offences. A substance abstention clause should be included in the disposition but the Board would suggest that, if appropriate, a harm reduction approach be considered. Finally, the Board finds that while an incendiary items prohibition was reasonable as a bail condition there is no suggestion that it is now necessary or appropriate.
[31]. Mr. Spencer should be allowed to live in the community in approved housing. He should abstain absolutely from the non-medical use of alcohol or drugs or other intoxicants. He should provide samples of his urine and/or breath to the person in charge of the facility for the purpose of analyzing whether he has ingested alcohol, drugs, or other intoxicants. He is not to attend at 502 Eastern Avenue, Toronto, Ontario. Finally, while living in the community he should report to the person in charge, not less than once every two weeks.
[32]. Mr. Spencer has been living in the community since committing the index offences. He has generally done well. The Board wishes him another good year.
[33]. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Spencer’s mental condition and his other needs, and his reintegration into society.
DATED this 3rd day of June, 2025, at the City of Toronto, in the Toronto Region.
Hon. C. Nelson Legal Member
Office of the Registrar Ontario Review Board