Re: Leonard Austin Tippel
ORB File No: 3997
Hearing held on: Monday, May 12, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. G. Beasley Members: Dr. R. Chandrasena Dr. S. Wiseman Mr. E. Siebenmorgen Ms. M. McKinnon
Parties Appearing: Accused: Leonard A. Tippel Counsel: Ms. N. Circelli
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated June 13, 2025)
Introduction
[1]. On June 4, 2004, the accused Leonard Tippel was found not criminally responsible on account of mental disorder on charges of breach of recognizance and criminal harassment, both contrary to the Criminal Code of Canada. By reason of a Disposition of the Ontario Review Board (“ORB”) dated May 22, 2024, Mr. Tippel was ordered to be discharged from the Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London (“Southwest Centre”) with conditions that he reside at a specified residence, refrain from contact or communication with listed persons and consent to treatment pursuant to s. 672.55(1) of the Criminal Code.
[2]. On May 12, 2025, the ORB convened a hearing at the Southwest Centre for the purpose of the annual review of Mr. Tippel’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Tippel was in attendance and represented by counsel, Ms. Circelli. Counsel for the Attorney General of Ontario was Mr. Rows and counsel for the hospital, Ms. Zamprogna.
Index Offences
[3]. The circumstances of the index offences as taken from the Hospital Report are as follows:
“Reports indicate that on February 08, 2000, Mr. Tippel was convicted of criminal harassment in Woodstock and was given a suspended sentence and one-year probation. There was no contact between February 2000 and February 2001 after which the calls began again. Between November 1994 and the end of November 2002 Mr. Tippel made harassing calls to Ronald, Lynn (Ronald Calhoun’s daughter) and Louise Calhoun (Lynn Calhoun’s grandmother). Mr. Tippel had a brief relationship with Lynn Calhoun and when this ended he began making phone calls to her and family members. During the 1994 Christmas season Mr. Tippel called Lynn Calhoun’s residence approximately 75 times attempting to convince her to return to him. Mr. Tippel reportedly made up to 50 to 75 calls in one day on numerous occasions. Ms. Calhoun changed her phone number approximately six times, but Mr. Tippel always was able to obtain the new phone number. Mr. Tippel and the victims were members of the Pentecostal Church and through connections in the church Mr. Tippel was able to obtain her phone number. On October 16, 2002 Lynn Calhoun recorded 50 phone messages left that day on her answering machine. On October 22, 2002 Mr. Tippel left a cardboard box containing clothing, shampoo and a handwritten note addressed to Lynn Calhoun at Ronald Calhoun’s workplace. Police spoke with Mr. Tippel on many occasions and told him that the contact was not wanted and that it should stop. Mr. Tippel continued to make many phone calls and to be warned by police. On some phone calls Mr. Tippel spoke about his imaginary daughter with Lynn. He referred to her as “Rainbow.” Mr. Tippel also made attempts to speak with the victims in person but would leave when told to do so. On November 9, 2002 Mr. Tippel was arrested for criminal harassment and phone calls. He was released from custody on a Recognizance on June 9, 2003 conditions of which were to live at the Men’s Mission and to be amenable to the routine and discipline of that residence. On June 11 at 1:30 a.m. police were notified that Mr. Tippel had not arrived at the Mission after his release. They had given him an additional twenty-four hours to appear, but when he had not done so by June 11 they notified police.”
Current Diagnoses
[4]. The current diagnoses as taken from the Hospital Report are as follows:
Schizoaffective Disorder
Narcissistic Personality Disorder
Criminal Record
[5]. 2000 February 08 - Criminal Harassment Suspended Sentence and 1-year probation.
2008 August 12 - Escape Lawful Custody, Sect. 145(1)(b) 1 day deemed served and 35 day pre-plea custody.
Background and Personal History
[6]. Mr. Tippel’s background and personal history are set out in detail in the Hospital Report and will not be repeated. In summary, Mr. Tippel and his identical twin brother were born in Zimbabwe Africa where his parents were missionaries. The family immigrated to Canada in 1967. He graduated from high school and attended the University of Toronto for eight months. His work history is sporadic including a brief stint in the Canadian Armed Forces, a salesman at a car dealership and working as a healthcare aide for the Red Cross. Mr. Tippel completed a correspondence course in Ministerial Theology from the Bible Extension Institute of the Evangelical Church Alliance of Bradley, Illinois. His last employment was in 2001 at a Swiss Chalet restaurant for between six and eight months. Mr. Tippel has a history of mental illness in his family. His identical twin brother suffers from a manic depressive illness. A cousin and aunt also had diagnosed mental illness. Mr. Tippel has a long history of admissions to hospital for treatment of his mental illness. As set out in the Hospital Report, between 1989 and 2003 he had 23 separate admissions, the longest of which lasted from December 27, 1996 to December 17, 1997 at London Psychiatric Hospital.
Position of the Parties
[7]. At the outset of the hearing, Ms. Zamprogna, on behalf of the hospital stated that in the opinion of the treatment team Mr. Tippel no longer represents a significant threat to the safety of the public and is therefore entitled to an Absolute Discharge. Mr. Rows submitted that subject to a few questions he would support the recommendation of the hospital. Ms. Circelli supported the hospital.
Evidence
[8]. The evidence at the hearing was presented by Dr. Arun Prakash. He is Mr. Tippel’s most responsible physician and the author of the Hospital Report which was filed as an exhibit. Dr. Prakash stated that Mr. Tippel has been living in a supervised setting in Strathroy since 2021. Since January of 2025, the ACT team have been seeing Mr. Tippel three times per week to provide him with his medication. The ACT team has a psychiatrist attached to the team. Dr. Prakash stated that he had spoken to her and that she enjoys a good relationship with Mr. Tippel. Dr. Prakash stated that the ACT team are in the process of implementing a Community Treatment Order (CTO) and that the team are comfortable with supervising Mr. Tippel in the community.
[9]. Dr. Prakash stated that Mr. Tippel is pleasant in presentation but if asked questions his very specific delusions are still present. He believes that his parents are Barbra Streisand and Burt Reynolds. He also has delusions about being a member of the British Royal Family. He believes that he is an undercover agent working for various police agencies. As a result, he calls police every two weeks to report to Crime Stoppers. Dr. Prakash stated that this report, which is taken by an answering machine, appears to calm Mr. Tippel down because in his mind there is now somebody listening to him. Dr. Prakash stated that there have been no call backs from police agencies in the community to complain about Mr. Tippel’s contact. He continues to send gifts out, but these are to friends and there have been no complaints or issues of harassment. Dr. Prakash stated that Mr. Tippel for the last five years has accepted that if he wishes to in some fashion contact the original victims of the index offences he must use lawyers and the legal system. Dr. Prakash stated that Mr. Tippel has not made any attempt to contact individuals who were listed in the Disposition as persons with whom he is prohibited any communication. Mr. Tippel has expressed to the treatment team that he is happy to continue with the ACT team if he were to receive an Absolute Discharge. He is happy at the group home and participates in a number of activities there. His main support in the community is his church.
[10]. Dr. Prakash stated that Mr. Tippel has for now given up trying to find employment. Before becoming connected to the ACT team, a family doctor acting as a locum had reduced Mr. Tippel’s long-acting injection of antipsychotic medication without contacting the hospital. This medication has now been titrated back to its appropriate dose. Dr. Prakash said that Mr. Tippel is compliant with all his medications and the requirements involved in accepting clozapine. The medications are provided to him by staff at the group home. Dr. Prakash says that with the group home and the church Mr. Tippel has significant support in the community. He has resided in the same residence for four years and there are no immediate plans to leave. Dr. Prakash said that from time-to-time Mr. Tippel mentions some friends who live in Fort Erie, Ontario but practically Mr. Tippel has no means of supporting himself were he to leave the group home. He has no funds available to fund a move to a different residence and no way to organize any transition to a different location.
[11]. Dr. Prakash was asked about what was different in the risk evaluation from the last Hospital Report. He stated that the presence of the ACT team is the significant factor. The team have stated that they want a CTO in place and Mr. Tippel’s Substitute Decision Maker (SDM) is the Provincial Guardian and Trustee. When asked about the applicability of the Mental Health Act (MHA) to manage any risk, Dr. Prakash stated that Mr. Tippel would meet the “Box B” criteria of the MHA.
[12]. In response to questions from Mr. Rows, Dr. Prakash stated that in his opinion Mr. Tippel’s contact with Crime Stoppers is therapeutic for him in that it allows him to express his thoughts. There have been no complaints from Crime Stoppers about Mr. Tippel’s communication with their organization. Dr. Prakash stated that he did not have a concern that Mr. Tippel would fixate on someone else in the community if he were to receive an Absolute Discharge. He repeated that Mr. Tippel has made no attempt to contact the victim of the index offences. He reiterated the significance of the involvement of the ACT team who see Mr. Tippel three times per week. In addition, at the present time Mr. Tippel is seen once per week by the outpatient team.
[13]. Ms. Circelli asked if there had been any change in Mr. Tippel’s mental status. Dr. Prakash stated that there were no changes, and he continues to have the same fixed delusions. He stated that Mr. Tippel is nice and pleasant to deal with. Dr. Prakash said that Mr. Tippel’s last noncompliance with his antipsychotic medication was at least 10 years ago.
[14]. In response to questions from the panel, Dr. Prakash said that the implementation of the CTO was “imminent.” He said that the ACT team were confident that Mr. Tippel would be able to follow the Community Treatment Plan (CTP). He described Mr. Tippel’s illness as chronic but stable. Dr. Prakash said that without the antipsychotic medication he would certainly get worse. Mr. Tippel is currently on a long-acting injection, and this is supplemented by clozapine which is at a therapeutic dose. If there were to be a decompensation in his mental status then the community psychiatrists could use “Box B” of the Mental Health Act. When asked about the time it would take for decompensation to occur, Dr. Prakash said that because of the long-acting injectable it would be between two and three months. If that were to happen, the ACT team has the ability to admit Mr. Tippel directly to Parkwood Hospital which is a significant factor. Dr. Prakash stated that Mr. Tippel represents a risk of psychological harm not physical harm to another person. When asked how an Absolute Discharge would change Mr. Tippel’s life, Dr. Prakash stated, “not at all.” He added that in the event that Mr. Tippel was not given an Absolute Discharge then it was possible that the ACT team would discontinue their service. Dr. Prakash said that Mr. Tippel is a suitable candidate for a CTO because he has had one in the past.
[15]. In response to a question in re-examination from Ms. Zamprogna, Dr. Prakash stated that throughout the many years that Mr. Tippel has been under the jurisdiction of the ORB, he has blamed the victim’s family for his ongoing detention in the hospital or in the community. Dr. Prakash stated that if the Absolute Discharge is granted, then he believes the intensity of the delusions with relation to the original victims will be less and there would be a subsequent reduction in any possible attempts he might make to contact them. Dr. Prakash believes that Mr. Tippel has internalized the belief that he does not wish to return to the forensic system, and this can be accomplished by not contacting the named victims.
[16]. Neither Mr. Rows nor Ms. Circelli called evidence at the hearing.
Submissions
[17]. Ms. Zamprogna repeated the submission made at the outset of the hearing that Mr. Tippel no longer represents a significant threat to the safety of the public and is therefore entitled to an Absolute Discharge. She stated that he suffers from a chronic illness with persistent delusions which are set out in detail in the Hospital Report. However, his mental status is currently stable. He has resided in the community for the past four years without notable incidents. He is considered to be incapable to consent to treatment and has a robust support system at the residence and with the ACT team. Ms. Zamprogna stated that Mr. Tippel no longer meets the threshold as set out in Winko. Ms. Zamprogna submitted that when considering the Winko test, Mr. Tippel likely represents a low risk of low harm.
[18]. Mr. Rows supported the submissions of the hospital and made reference to the portion of the Hospital Report which stated that “previous risk assessments have indicated his primary violence risk flows from a lack of supervision-post forensic supports. Mr. Tippel now has adequate supports in place which have proven to be sufficient in managing his mental health care needs.”
[19]. Ms. Circelli also supported the recommendations of the hospital and referred the panel to the recent Decision of the Ontario Court of Appeal in Viola (Re) 2025 ONCA 33. She stated that Mr. Tippel’s mental status is as described, chronic but stable.
Analysis and Disposition
[20]. At the conclusion of the evidence the panel was presented with a joint submission by all counsel that Mr. Tippel no longer represents a significant threat to the safety of the public and is therefore entitled to an Absolute Discharge. In her submissions, Ms. Circelli made specific reference to a recent decision of the Ontario Court of Appeal in Viola (Re), 2025 ONCA 33. As submitted by Ms. Circelli, the Board takes particular note of paragraph 12 which states as follows:
“There are a number of problems with the Board’s reasons and conclusion. For one, the Board does not specify what parts of the evidence of Dr. Jaiswal, or of the Hospital Report, would support a finding of a significant threat to the safety of the public. It is important, on this point, to remember that it is not just any risk of possible harm that will justify a detention order. It must be a significant threat. It is worth repeating what the Supreme Court of Canada has said on this issue. In Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, McLachlin J., at para. 62, referred to a significant threat as: “[A] real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature.”(emphasis added)
[21]. Mr. Tippel suffers from a chronic major mental illness, the most prominent symptoms of which are delusional beliefs. Aside from the original delusions forming the basis of the index offence with respect to the victim and her family, Mr. Tippel believes that his parents are Barbra Streisand and Burt Reynolds, that he has connections to the British Royal Family and that he is an undercover police officer, amongst other specific delusions. Mr. Tippel has no insight into his illness. For the past four years he has resided in the same residence in Strathroy where he is fully supported by staff. He also enjoys the support of his church in the community. There have been no reported incidents of concern involving Mr. Tippel attempting to contact any of the persons named in his previous Dispositions. In the Hospital Report prepared for the 2024 hearing as referred to in last year's Reasons, the central concern was the absence of any mental health support in the community. It is clear that this particular concern has been resolved . Mr. Tippel has now been connected with an ACT team, and they have assumed responsibility for him and visit him three times per week in the community. There is a community psychiatrist attached to the ACT team. Although not fully in place, the implementation of a CTO is imminent.
[22]. The Ontario Court of Appeal emphasized the onerous test in Re: Gibson 2022 ONCA 527, per Lauwers J.A. at para. 9:
Huscroft J.A. said in Carrick (Re), 2015 ONCA 866, 128 O.R. (3d) 209, at para. 17, that “the ‘significant threat’ standard is an onerous one”. He added that “[t]he board must be satisfied as to both the existence and gravity of the risk of physical or psychological harm posed by the appellant in order to deny him an absolute discharge.” Mere speculation is insufficient. See also, Sim (Re), 2020 ONCA 563, at paras. 63-65, per Strathy C.J.O., Marmolejo (Re), 2021 ONCA 130, 155 O.R. (3d) 185, per Tulloch J.A., at paras. 33-37.
[23]. After carefully considering and weighing all of the evidence, the panel is unanimous in finding that the joint submission of the parties is fully supported. Although risk can never be eliminated to an absolute certainty, it is clear from all of the evidence that Mr. Tippel, at best, represents a low risk of harm which falls below the threshold of significant threat as required by Winko.
[24]. The panel wishes Mr. Tippel well and hopes that he continues to co-operate with the community-based mental health support he now enjoys along with the support from the staff at his residence and the members of his church.
DATED this 13th day of June 2025, at the City of Toronto, in the Region of Toronto.
Mr. G. Beasley Alternate Chairperson
Office of the Registrar Ontario Review Board