Re Eric Fountain, 2025 CanLII 56033

Ontario Review Board

Re: Eric Fountain

ORB File No: 7819

Hearing held on: Friday, May 16, 2025

Place of Hearing: Southwest Centre for Forensic Mental Health Care St. Thomas

Pursuant to: Section 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: Eric Fountain Counsel: Mr. C. Dobson

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

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

REASONS FOR DISPOSITION (Dated June 13, 2025)

Introduction

1On December 14, 2020, Eric Fountain, now 40 years old, was found not criminally responsible on account of mental disorder, on a charge of assault with a weapon, contrary to the Criminal Code. Mr. Fountain was most recently subject to a disposition dated February 9, 2024, detaining him at the Southwest Centre for Forensic Mental Health Care (“Southwest Centre” or “the Hospital”) with privileges up to and including to enter the community of Elgin and Middlesex Counties, accompanied by staff or a person approved by the person in charge.

2On Friday, May 16, 2025, a panel of the Board convened in person at the Southwest Centre to conduct a review of the Disposition pursuant to s. 672.81 (1) of the Criminal Code and to make a new Disposition. Mr. Fountain was present and represented by his counsel, Mr. Dobson. The issues at the hearing were whether Mr. Fountain represents a significant threat to the safety of the public within the meaning of s. 672.5401 of the Criminal Code, and if so, the determination of the necessary and appropriate Disposition that is the least onerous and least restrictive, having regard to the criteria in s. 672.54 of the Code. Included in the latter issue was a consideration of whether the Board should order that Mr. Fountain be transferred to a different forensic hospital in Ontario.

Positions of the Parties

3At the start of the hearing, the parties were asked to provide their initial and tentative positions. Counsel for the Hospital, supported by counsel for the Attorney General, submitted that the necessary and appropriate Disposition is a continuation of the Detention Order with one small amendment to allow Mr. Fountain to be accompanied into the community by staff, an approved person, or “delegate” approved by the person in charge of the Hospital, in order to broaden Mr. Fountain’s ability to take advantage of community opportunities.

4Counsel for Mr. Fountain advised that his client was seeking a Conditional Discharge and wished to explore a potential transfer to another hospital.

Evidence at the Hearing

5The evidence at the hearing consisted of the Hospital Report, dated November 25, 2024, an Update to that Report, dated April 17, 2025, and the oral evidence of Dr. A. Malka, Mr. Fountain’s attending psychiatrist. Mr. Fountain also made a brief statement following the conclusion of Dr. Malka’s testimony.

Findings

6For the Reasons that follow, the panel found that Mr. Fountain represents a significant threat to the safety of the public and that the necessary and appropriate Disposition is a continuation of the Detention Order in accordance with its existing terms and conditions, with the amendment suggested by the Hospital. The panel also found that the evidence disclosed no reason to order a transfer to a different hospital.

Index Offence

7The circumstances surrounding the index offence, as extracted from previous years’ Reasons for Disposition, are reproduced as follows:

“The accused in this matter is Eric Fountain, 36 years. The victim is Jason Gosse, 40 years. The accused and victim are not known to each other, but both reside at the Salvation Army Centre of Hope homeless shelter.

At approximately 7:07 pm on Sunday August 16th, 2020 both the victim and accused were in the smoking area on the ground floor of the Centre of Hope located at 281 Wellington Street in the City of London, Ontario.

At 7:08 pm the accused approached the victim and requested $10 from him. The victim stated he did not have any money to give him. At that time, the accused produced a folding knife and used it to stab the victim in his back with it. The victim entered the lobby of the building while the accused remained in the smoking area. Shelter staff contacted the London Police Service and paramedics.

At 7:11 pm the accused was arrested by Constable Merklinger for assault with a weapon. He was provided with rights to counsel and caution and indicated he wished to speak to a lawyer. He was identified from a previous mug shot.

The victim was transported by ambulance to Victoria Hospital where he was found to have suffered an approximately two inches long by two inches deep puncture wound to the left side of his back. He did not require surgery and there was not believed to be serious injuries.

The accused was transported to the London Police Service Headquarters Detention Unit where he was paraded in front of Sgt Addley at 7:46 pm. At that time, the accused requested to speak with lawyer Robert Sheppard for whom a phone message was left.

As a result of this investigation the accused, Eric Fountain, is charged with one count of assault with a weapon contrary to section 267(a) of the Criminal Code of Canada.”

Current Diagnoses

8Mr. Fountain’s current diagnoses are:

(i) schizoaffective disorder – bipolar type;

(ii) methamphetamine use disorder, in remission in a controlled environment;

(iii) opioid use disorder, in remission in a controlled environment; and

(iv) antisocial personality disorder.

Background Information

9The Hospital Report contains considerable information concerning Mr. Fountain’s personal background, criminal history, and psychiatric engagement prior to the commission of the index offence. This information is in evidence, as the Hospital Report is an Exhibit at the hearing. It is unnecessary, for the purpose of these Reasons, to review that information in detail. Several highlights will suffice.

10There is limited collateral information concerning Mr. Fountain’s early years. There may have been a history of parental child abuse and/or substance abuse, followed by adoption and foster-care, although available records are inconsistent. Jim and Ruth Fountain have been mentioned as his foster parents when he was one and a half years old before being adopted into another family. He may have been re-adopted by the Fountains when he was around nine years old, but the events of the prior adoption were unclear. The Fountain family may have been involved with his care until 2012. He may have been a Crown ward. Some records cite a history of childhood sexual abuse. Both of his adoptive parents are deceased.

11Mr. Fountain reported historical trauma involving numerous sexual assaults, including as a child. He was sexually assaulted at a young age on a boat near Mexico during a “training mission” during which he was being initiated as an international “agent” in a clandestine society (he variably referred to the organization as the Central Intelligence Agency, Federal Bureau of Investigation, or some combination thereof). He did not know the perpetrator. A group of people came with machetes and saved his life. He was later “drugged and raped” at 18 when living in British Columbia, fellated in his sleep approximately 18 months ago following a fentanyl ingestion (by a stranger), and again by a group of men working with the victim of the index offence sometime within the past two years.

12Mr. Fountain described himself a “lone wolf” in both elementary and high school. He stated that he was “never too good” socially and tended to do better in settings of smaller groups or one-on-one interactions. He reported not having many friends but that he “wasn’t into making friends”. While he felt that he got to know everyone at school, he would prefer to meet one good friend and remain with him or her. He denied any difficulties with coping with a lack of friends as he felt “happy with being an outsider because I was excelling in my life”.

13Mr. Fountain has a significant substance abuse history. He started smoking cannabis when he was 13 years old. Between the ages of 13 to 16 years old, he also sold cannabis. Between the ages of 18 and 21, Mr. Fountain engaged in opioid use. His preference was for morphine, but reported he injected heroin a few times. He had also inhaled fentanyl on two occasions. Mr. Fountain started using crystal methamphetamine when he was 17 years old. He recalled charges of uttering threats and assault while intoxicated on crystal methamphetamine. His relationships with family were also negatively affected by his use. He described the high he would feel from crystal methamphetamine as “almost instant”, with duration up to a few days. He would experience feeling “awake, social, ambient” but denied any perceptual abnormalities during these times. He would feel paranoia “after being awake for a few days”. Mr. Fountain has also used other stimulants such as crack cocaine for shorts periods in the past. He reported that the last substance he used was crystal methamphetamine, on August 12, 2020 (four days before the index offence).

14Mr. Fountain has a lengthy criminal record, commencing in 1999 when he was a youth, and continuing until shortly before the index offence. He was on probation for his most recent convictions (assault with a weapon, possession of an imitation weapon, and armed robbery) at the time of the index offence. His other convictions relate to property crimes, drug possession, break-ins, failing to comply with various orders, resisting a peace officer, assault, uttering threats, and mischief.

15Mr. Fountain’s documented psychiatric history dates to 2006. He reported an earlier incident when he was age 17 and living in British Columbia. He recalled that he was “drugged and raped” and was experiencing a period of depression. He experienced suicidal ideation and had a plan to jump off a bridge but instead was brought to a hospital. He believed he was diagnosed with borderline personality disorder and schizoaffective disorder. He reported having over 30 suicide attempts.

16The collateral history, from his electronic medical record, indicates that Mr. Fountain was assessed while in British Columbia and was diagnosed with psychosis not otherwise specified, polysubstance use disorder, antisocial personality disorder, and borderline personality traits. He had a long history of mental health difficulties in Ontario involving multiple consultations and admissions with psychiatric services at the former London Psychiatric Hospital. He was variably diagnosed with a substance induced psychosis or a primary psychotic disorder (such as schizophrenia or schizoaffective disorder). According to his file, his psychosis was typically characterized by persecutory delusions – that people were after him, that he was being watched by cameras, and he was being injected by HIV/AIDS, for example - and he would subsequently start carrying weapons to defend himself. There were conflicting reports as to whether Mr. Fountain remained symptomatic while not using substances. In addition to psychotic presentations, there are reports of multiple suicide attempts since his teenage years through various methods, ranging from overdoses to hanging.

Course Since the Index Offence

17During his first full year at the Southwest Centre under the Board’s jurisdiction, Mr. Fountain continued to claim, as he had during his NCR assessment at the Hospital, that he had between four and eight children, and 16 brothers and sisters. The treatment team found no evidence to support these statements, giving rise to a concern that there was a risk of Mr. Fountain approaching a member of the public and/or a child if he were to misidentify someone as a member of his family. Mr. Fountain stated that he would approach and hug a child if he believed it to be his own and would ask how he could help. He also told the treatment team that he was asking for a Rule 13 transfer to Hamilton in order to be closer to his children. At a pre-Board conference in advance of his 2023 Board hearing, he stated that his children all have their own houses, they have “agency” workers who take care of them, and that he supplies them with money.

18Of note, Mr. Fountain took part in a few community outings with staff during the current reporting period. During one such outing, he began to intensely stare at children and required redirection. The treatment team’s opinion is that Mr. Fountain requires close supervision during community outings.

19Mr. Fountain exhibited agitation and anxiety. He would take PRN medication or seclude himself in his room as coping mechanisms. He could not determine the root of his anxiety however, described that he "has PTSD due to [his] tours of Afghanistan and Iraq."

20Generally, Mr. Fountain was polite and cooperative with staff, although he became agitated if he perceived that his delusions were being challenged and his desire to leave the Southwest Centre to return to his law enforcement role was being thwarted.

21Mr. Fountain’s major mental illness, diagnosed as schizoaffective disorder, appears to be treatment resistant. As noted in last year’s Reasons, during the 2023-2024 reporting period medication changes were undertaken after consultation with a doctor at CAMH, with no positive effects. A formal consultation with doctors at CAMH yielded no additional suggestions for alternative treatments. Mr. Fountain’s current medication list, confirmed by Dr. Malka in her evidence, appears at p. 41 of the Hospital Report.

22A consistent feature of Mr. Fountain’s illness is the continued expression of grandiose and paranoid delusions, and auditory hallucinations, often relating to policing or intelligence operations, including undercover assassinations (i.e. he believed he was a surgeon, an Arizona Ranger, believed that he was in hospital because he needed to sterilize threats or accomplish missions, and was awaiting to be extracted from the hospital by police or other agencies). Over the past reporting period, his delusions varied in content and included believing that he was a surgeon with a licensed certification (but no longer plans to practice surgery when he returns to the community), a neuroscientist, marine biologist, drug and alcohol worker, rapper, he spoke 30 different languages, had a “contract with CIA,” and was part of the FBI.

23Mr. Fountain continued to harbour suspicions of his treatment team and the Hospital. He reported being “sodmoized” [a neologism] by Southwest Centre personnel, believing that this was the reason why he was not making any progress with his treatment and why he no longer felt safe and comfortable within the Hospital. [Notably, in his initial self-report of the index offence, he stated that he was justified in stabbing the victim because the victim had sexually assaulted him in the past.]

24Mr. Fountian reported that he had no goals on the unit beyond his CIA work. He believed that there were sex offenders at the Hospital, which was one reason why he did not want to remain there. Mr. Fountain believed that he was admitted to the hospital to collect "intel," and he was waiting for "orders to be transferred”. He often used his hand as though it was a telephone and talked in his hand/speaking into it, simulating radio communication.

25In September of 2024, Mr. Fountain began a new ADHD medication (atomoxetine) with some observable effect. There was an improvement in his engagement in programs, and he agreed to a plan to engage at a minimum of three programs a week for at least 30 minutes, which he was able to sustain. He also was more friendly and cooperative. He had stopped talking with his "hand" but his delusions remained the same. His affect also became brighter since this medication began, and he was more friendly with staff. Staff also noted that they are able to understand him more clearly. Mr. Fountain stated that he appreciated the new medication.

Evidence at the Hearing

26Dr. Malka testified at the hearing to supplement the evidence contained in the Hospital Report. She has been Mr. Fountain’s attending psychiatrist since December 9, 2024, having at that time taken over his care from Dr. N. Mokhber.

27Dr. Malka testified that since she took over Mr. Fountain’s care, his mood has been relatively stable, and he has worked well with her. However, when she brings up topics that he does not wish to discuss, he becomes difficult to understand and expresses grandiose delusions and neologisms. While Mr. Fountain states that he is at a treatment impasse, Dr. Malka sees some potential for improvement. She believes that the main reason why he has not progressed in his treatment is his failure to participate in rehabilitative programming.

28Dr. Malka did not believe that Mr. Fountain’s symptoms are signs of malingering on his part; rather, she believed that they are more of an adaptive response. Noting his history of significant childhood trauma, Dr. Malka stated her view that Mr. Fountain would benefit from trauma therapy. She believed that Mr. Fountain knows he is in a “safe place” at the Hospital. Up until the present, however, he has not wanted to engage with the treatment team in relation to the difficulties he has had outside the Hospital.

29Dr. Malka referred to Mr. Fountain’s current medication list, stating that the medication seems to be currently optimized. She said that every available medication has been attempted, including clozapine, none of which led to significant change. She stated that Mr. Fountain is currently adherent to his medication, which is provided in suspension form. She believed that, in considering where things stand, therapeutic programming is the next step. Specifically in relation to substance use treatment, Dr. Malka said that Mr. Fountain is ready for this, if he were to become willing to engage.

30Dr. Malka reviewed and adopted the risk assessment contained in the Hospital Report, including the outlined basis for its position on the “significant threat issue”, the re-offence scenario, and the HCR-20 v. 3 assessment. Specifically in regard to the latter, Dr. Malka stated that Mr. Fountain’s risk, if he is to be managed in the community, is high, whether on a Detention Order or on a Conditional Discharge. Mr. Fountain can escalate quickly, even when on his medication. Substance use worsens his symptoms (he becomes even more delusional) and, when using substances, he has historically fallen off his medications.

31Dr. Malka’s opinion was that Mr. Fountain’s risk cannot be managed under the terms of a Conditional Discharge. He has no personal or professional supports in the community and has no place to live. He would currently feel unsafe in the community and perceive a need to protect himself. Later, in response to a panel member’s question, Dr. Malka stated that when the time came for Mr. Fountain to attempt community living, the Hospital would need the ability to approve his accommodation.

32Dr. Malka did not foresee Mr. Fountain being able to use, over the next reporting year, more expanded passes than those provided for in his Disposition. He has no approved person, and without programme participation, in which he does not wish to engage, he would not be able to progress to a community privilege level.

33This having been said, Dr. Malka pointed to one of Mr. Fountain’s strengths, noting that he has maintained his calmness much more over the past reporting period, despite his level of frustration.

34In response to questions from Mr. Dobson, Dr. Malka confirmed that she was not anticipating any medication changes over the next year. Referring to the external medication-related consultations conducted prior to the previous Board hearing, as referred to in last year’s Reasons (para. 14), there have been no further such consultations since she has become involved in Mr. Fountain’s care.

35Mr. Dobson asked Dr. Malka what could potentially change Mr. Fountain’s motivation. Noting that Mr. Fountain sees therapeutic groups as “infantilizing” [his word], Dr. Malka suggested that he might try some form of 1:1 work. She was also considering giving him the opportunity to co-lead a group (it is noted that earlier in her evidence, Dr. Malka stated that Mr. Fountain leads a recreational bingo program).

36Dr. Malka confirmed, in response to Mr. Dobson’s suggestion, that since arriving at the Hospital, Mr. Fountain has been abstinent from drug use. Outside of a controlled environment, however, Dr. Malka opined that the stressors would make him vulnerable to such use. She agreed that there is hypervigilance around safety issues for Mr. Fountain in the community and stated that he requires some therapy to help address this.

37Dr. Malka confirmed that Mr. Fountain currently exercises Level 3 privileges (giving him access to the Hospital building) throughout the day.

38In response to Mr. Dobson’s questions concerning a treatment impasse and Mr. Fountain’s expressed interest in going to either Hamilton or Waypoint, Dr. Malka said that she did not believe that he was at the level of a true impasse. The suggestion of Hamilton as a destination was for Mr. Fountain to be closer to children there who he believed were his; however, Dr. Malka’s understanding is that he has no biological children.

39In response to the question whether the increased access within the facility afforded by a move to Waypoint would help get Mr. Fountain out of his current “malaise” (counsel’s word), Dr. Malka did not believe this would be the case, as thus far, his increased access within the hospital at the Southwest Centre has not yielded anything of a positive nature.

40In response to questions from a panel member, Dr. Malka confirmed that Mr. Fountain remains generally aloof from members of his treatment team. It was suggested that, from his history, there might be “that one person” (for example, his nighttime prime nurse with whom he apparently has a good relationship) with whom he may be able to develop a therapeutic alliance. Dr. Malka stated that this was actually a good suggestion, as it has been some time since Mr. Fountain has trusted a treatment provider. It was not at all surprising to Dr. Malka that overall, there is a lack of trust on his part, given his history of trauma.

41Asked by a panel member whether Mr. Fountain’s lack of engagement could be due to negative symptoms of his illness (amotivation, anhedonia), Dr. Malka acknowledged this possibility but stated that she also sees fluctuation and avoidance in this, depending on when he talks about subjects that interest him. She agreed that there is some potential yet for medication changes in this regard.

42Mr. Fountain made a brief statement at the conclusion of Dr. Malka’s testimony. He said that he would rather be in a facility that is more restricted and would appreciate an opportunity to “stretch my legs” in another facility. He elaborated by stating that he would like an opportunity to “debrief” in another place.

43Mr. Fountain stated that for him, having antisocial personality disorder meant that he did not like being around other people, and so he felt that he was being restricted for not attending groups. He stated that this environment was “suffocating” him.

44No further evidence was led following Mr. Fountain’s statement.

Analysis and Conclusions

45The panel had no difficulty in finding that Mr. Fountain represents a significant threat to the safety of the public. Mr. Fountain has a serious and persistent mental illness which, to date, appears to be treatment resistant. He also has a history of violence, which during the index offence was psychotically driven, and continues to exhibit similar symptoms to those present at the material time. While his self-report of his motivation for stabbing the victim has changed over time, he persistently believes that he was helping the victim of the index offence by performing surgery on him.

46The treatment team has actively worked over the years to optimize Mr. Fountain’s treatment but thus far, those efforts have not brought his psychotic symptoms under control. Mr. Fountain is currently adherent to his medication, but his insight and judgment are quite poor, and he lacks understanding around the progression of his treatment and its implications for his future. Furthermore, Mr. Fountain has a history of substance use and has not been involved in any related treatment programs while in the Hospital. He is vulnerable to relapse and his substance use historically destabilizes his mental disorder. Finally, Mr. Fountain has no personal supports or community-based, professional mental health supports.

47Furthermore, while this is only one factor, it is noted that for the past three reporting periods, Mr. Fountain’s HCR-20 v. 3 risk assessment rates him as presenting a high risk, even if being managed in the community on a Detention Order.

48Therefore, absent the oversight of the ORB and a forensic mental health team, there is a strong likelihood that Mr. Fountain would again engage in criminal conduct that is clearly, from his history, likely to result in serious physical or psychological harm.

49As for the matter of the Disposition, the panel was satisfied that a Detention Order continues to be necessary. While Mr. Fountain would like to be conditionally discharged, there is clearly no air of reality to such a Disposition on the evidence. Mr. Fountain is simply not ready for community living, as his risk at this time would be unmanageable. On the evidence before the panel, he is not yet even capable of managing indirectly supervised community privileges. Notably, during one of his staff-accompanied community outings in the past reporting period, he was observed intensely staring at children, clearly behaviour that is troubling given his previously stated intention to approach children in the community and hug them.

50The panel has considered whether a transfer to another forensic hospital should be planned at this juncture, whether due to a “treatment impasse” at the Southwest Centre or for other reasons. We are satisfied that no such transfer is either necessary or appropriate at this time. On the evidence, no impasse in the therapeutic relationship currently exists. Dr. Malka believes that therapeutic progress can be made if Mr. Fountain would engage meaningfully. There is an opportunity to engage in therapy to address the traumatic aspects of Mr. Fountain’s history, and the introduction of new medication over the past reporting period has also produced some benefits already. The panel cannot find, on the evidence, that another hospital would be better suited than the Southwest Centre to provide the treatment that Mr. Fountain requires.

51Accordingly, approaching this matter through the lens of the factors in s. 672.54 of the Criminal Code, the panel was satisfied that the necessary and appropriate Disposition is a Detention Order containing the terms and conditions of Mr. Fountain’s previous Disposition, augmented by the authorization permitting the Hospital to have Mr. Fountain accompanied by an approved delegate for his community passes.

52In closing, the panel as a whole would echo the remarks made by the Alternate Chair at the conclusion of the hearing: we are firmly convinced that Dr. Malka and the rest of Mr. Fountain’s treatment team at the Hospital wish to work with him to develop a care plan that would enable him to become well and to eventually reintegrate safely into the community, and to support Mr. Fountain along that pathway. We would encourage him to work collaboratively with his team in this regard over the coming year.