Re Adam David Herr, 2025 CanLII 52804

Ontario Review Board

Re: Adam David Herr

ORB File No: 8524

Hearing held on: Friday, May 16, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. R. Chandrasena Dr. S. Wiseman Mr. E. Siebenmorgen Ms. M. McKinnon

Parties Appearing: Accused: Adam D. Herr Counsel: Mr. W. Glover

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Ms. K. Dalrymple

REASONS FOR DISPOSITION

(Dated June 4, 2025)

Introduction

1Adam David Herr, age 45, was found not fit to stand trial on account of mental disorder on March 25, 2024. Mr. Herr faces charges of possession of a weapon for a dangerous purpose, carry a concealed weapon, assaulting a peace officer and causing a disturbance in a public place, contrary to the Criminal Code.

2On May 16, 2025, Mr. Herr appeared before the Ontario Review Board (the "Board") in relation to fitness and an annual hearing at the Southwest Centre for Forensic Mental Health Care (the "hospital"). Mr. Herr's mother attended.

3While the Hospital Report dated April 4, 2025 (Exhibit 1) indicated Mr. Herr was still unfit, the Board was informed at the hearing that Mr. Herr was now fit.

4In preliminary positions, all parties agreed that Mr. Herr was fit and ought to be returned to court. Exhibit 1 was a Hospital Report dated April 4, 2025.

Evidence at Hearing

5Dr. N. Mokhber, the patient's psychiatrist, testified. Dr. Mokhber had last assessed fitness both the day before and the morning of the Board hearing. Dr. Mokhber's opinion is that Mr. Herr is now fit.

6Mr. Herr's fitness well exceeds the Taylor questions. Mr. Herr is aware of the charges he faces, although he still tends to minimize them.

7Mr. Herr understands the roles of key participants in the trial process. He also comprehends the role of the Board.

8Mr. Herr understands that it is the role of the judge to decide the case, that the Crown was against him and that his own counsel helps him defend. There are no psychotic symptoms that would interfere with his ability to meaningfully participate in a trial or to provide instructions to counsel. His comprehension of the trial process and the pleas is reality based. He understands the options of pleading guilty and not guilty. He has a good grasp of the consequences. If he is found not guilty, he gets to go home. If found guilty, he would face punishment, possibly jail, or return to hospital. He comprehends the obligation to tell the truth and that perjury may result in punishment.

9Dr. Mokhber is confident that Mr. Herr could have a rational discussion with his counsel and could thoughtfully participate in the trial process.

10When motivated, Mr. Herr can communicate and focus on information. His one current limitation is his ability to sit through a proceeding which is currently limited to about 20 minutes to an hour. Mr. Herr had no difficulty sitting through the 40 minutes plus of the Ontario Review Board hearing. Although he has a habit of closing his eyes it was apparent to the Board from his interventions that he was paying close attention to the entirety of the proceedings.

11In late July 2024, Mr. Herr was showing psychotic symptoms. He used drugs often. He had delusions. Drugs cause patent deterioration in his case. He is much better now. Mr. Herr takes his medications. Occasionally he refuses but can be convinced otherwise.

12Mr. Herr's mother is his substitute decision maker. Clozapine may be an option in future depending on the ability to obtain bloodwork. Mr. Herr is against electroconvulsive therapy, which is a remote consideration.

13There is a history of violence, but no aggression or violence for the last several months. Mr. Herr is doing much better in hospital.

14Mr. Herr has expressed an interest in his Indigenous background and has been connected to spiritual care in hospital.

15Mr. Herr has experienced weight gain, heavy breathing and swollen hands. This appears to be a side effect of divalproex. The doses of that drug have been reduced without effect so far. The hospital will focus on continuing to address Mr. Herr's physical needs.

16All parties agreed that keeping Mr. Herr fit was a laudable goal.

17Mr. Herr is now fit, and therefore he needs to be returned to court as soon as practicable. No changes to his Disposition are required.