Ontario Review Board
Re: Donald Towell
ORB File No: 1916
Hearing held on: Monday, April 14, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before: Alternate Chairperson: Mr. G. Beasley Members: Dr. S. Lessard Dr. R. Cormier Mr. D. Sandor Mr. A. Bernardo
Parties Appearing:
Accused: Donald Towell Counsel: Ms. M. Munsterman
Person in charge of hospital: Representative: Dr. J. Gojer
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DECISION
(Dated June 9, 2025)
Introduction
On August 30, 1994, Donald Towell was found not criminally responsible on account of mental disorder on charges of assault and assault with a weapon, contrary to the provisions of the Criminal Code of Canada. Mr. Towell is currently subject to an Ontario Review Board disposition dated November 12th, 2024, detaining him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (hereinafter referred to as "the Hospital") with privileges up to and including that of living in the community in accommodation approved by the person in charge.
On December 20th, 2024, the Hospital informed the Ontario Review Board that Mr. Towell was evicted from his approved accommodation at Royal Ottawa Place following an assault on a patient. He was transferred to the Forensic Assessment Unit on December 16th, 2024, resulting in a potential restriction of his liberties that exceeded a period of seven days.
On April 14th, 2025, the Board convened a hearing at the Hospital to review that restriction of liberty pursuant to s. 672.81(2.1) of the Criminal Code. Mr. Towell was not present at his hearing but was represented by counsel, Ms. Marni Munsterman. Ms. Munsterman gave details explaining Mr. Towell's absence and advised that she was fully instructed and prepared to proceed. She was given leave to do so, pursuant to section 672.5(10)(a).
The record for the hearing included the Revised Notice of Hearing, the letter from the Hospital notifying of the restriction of liberties (mentioned, dated December 20, 2024), the Board's reply to that letter, Mr. Towell's most recent disposition dated November 12, 2024, and the Reasons for that Disposition dated December 16, 2024. On the consent of all parties, a Hospital Report dated February 19, 2025, was entered into evidence as Exhibit 1. That Hospital Report is cumulative in nature and includes an important update for the purposes of this hearing.
At the outset, the Board confirmed with the parties that the only issues before the panel concerned the restriction of Mr. Towell's liberty. All parties agreed that Mr. Towell had experienced a significant restriction of his liberties as addressed in section 672.56(2) of the Criminal Code and as discussed by the Ontario Court of Appeal in Re