Re: Tyrone Joseph Bartley
ORB File No: 7785
Hearing held on: Friday, May 2, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. P.E. Cook Dr. H. Moulden Mr. B. Garrow Mr. S. Duffy
Parties Appearing:
Accused: Tyrone Joseph Bartley Counsel: Mr. V. Zenobio
The person in charge of hospital: Counsel: Ms. S. Zelaya
Attorney General of Ontario: Counsel: Mr. K. Simpson
REASONS FOR DISPOSITION
(Dated June 10, 2025)
Introduction
On October 5, 2020 Tyrone Bartley was found not criminally responsible (“NCR”) on account of mental disorder on a charge of assault contrary to the Criminal Code, (the “Code”).
Mr. Bartley is detained at the All-Male Secure Forensic Unit of the Centre for Addiction and Mental Health (“CAMH” and/or the “hospital”) under terms of a Disposition dated May 1, 2024 with discretionary privileges up to and including access to the hospital and grounds, escorted by staff.
On May 2, 2024, the Board convened a hearing, pursuant to s. 672.81(1) of the Code to conduct the annual review of the current Disposition. Mr. Bartley declined to attend the hearing and was excused pursuant to s. 672.5(10)(a) of the Code. Mr. Zenobio appeared as Amicus.
The issues before the Board are whether Mr. Bartley continues to pose a significant risk to the safety of the public, and if so, what is the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672. 54 of the Code.
Counsel for hospital and for the Attorney General of Ontario jointly submitted that there be no change to Mr. Bartley’s current Disposition. Mr. Zenobio took no position, but agreed that the evidence supports a finding that Mr. Bartley presents a significant threat to the safety of the public and that his current Disposition is necessary and appropriate.
For the reasons that follow the Board finds that Mr. Bartley continues to pose a significant threat to the safety of the public and that his care should continue on the same terms as his current Disposition.
Evidentiary Record
- Dr. Chan co-authored the Hospital Report dated, April 16, 2025, Exhibit 1, and testified on behalf of the hospital. No further evidence was adduced at the hearing.
Background
Mr. Bartley’s personal and psychiatric history, including the details of his mental disorder and treatment since being found NCR, are described in detail in the Hospital Report. Briefly, Mr. Bartley is 46 years of age, single and has no dependents. He is unemployed and financially supported by Ontario Disability Support Program (ODSP). He is not capable of consenting to psychiatric treatment. Substitute consent is provided by his mother. He is capable of managing of his financial affairs.
The circumstances of the index offence are detailed in an excerpt from Dr. Choptiany’s May 11, 2020 report to the court, as reproduced in the Hospital Report:
“At approximately 11:00 a.m. on Wednesday, August 30, 2017 the accused before the court identified as Tyrone Bartley, 39 years, was in the area of Lebovic Avenue and Eglinton Avenue East in the City of Toronto. Bartley was scheduled to appear in courtroom #407 at 2:00 p.m. at the Toronto East Courts at 1911 Eglinton Avenue East to attend as ordered after receiving an appearance notice on July 19, 2017 for Mischief.
At 11:30 a.m., Tyrone attended the Canadian Tire store at 1901 Eglinton Avenue East where he briefly engaged store staff in conversation. He subsequently left a short time later without purchasing anything from the store. Tyrone later returned to the store at approximately 12:10 p.m. He walked to the paint aisle where he selected three cans of spray paint coloured orange, yellow, and red. Tyrone then walked to the rearmost aisle of the store and then doubled back toward aisle #47. Tyrone then used the orange paint to spray the phrase “PATTY DIE KAMOY JISS” which he then circled with yellow spray paint. Below Tyrone sprayed the phrase “HIT CRUSH” in red paint.
Tyrone left the aisle moments later leaving behind the three cans of spray paint. He exited the front entrance of the store at 12:17 after which time Canadian Tire staff discovered the graffiti. The paint was cleaned up prior to police arrival, before it had time to completely set.
At approximately 1:00 p.m. Tyrone attended the Marshalls Department store at 808 Warden Avenue, a location that is situated across the street from the Canadian Tire plaza. Tyrone roamed various aisles until he came across the victim, AS, 4 years, who was in the immediate company of her brother, A.
Tyrone approached AS and leaned closely toward her face and said “Hello.” This immediately frightened AS causing her to scream and cry, drawing the attention of her mother [Maisa] who was in an adjacent aisle. Maisa came running to see what had occurred and was told by her son that the man, Tyrone, had said hi to AS. Tyrone attempted to tell Maisa that he had said hi to her daughter then she screamed.
Maisa continued to shop while Tyrone began to pace back and forth in the aisle, so Maisa kept her daughter with her. As they continued to shop, Tyrone walked up to the pair and stated, “I love this girl, I just love her so much” and he grabbed AS’s arm. Maisa immediately pulled AS away and told Tyrone to get away from her. Tyrone said, “I’m sick, I’m not normal” and he left.
Maisa and her children continued to shop in the store. As they were getting ready to leave, passing the cashier Maisa noticed that Tyrone was sitting outside in the parking lot. He was sitting on the base of a light standard in the parking lot. As she noticed this, Maisa asked the cashier to call the police as she was fearful of leaving the store with Tyrone waiting out front. The cashier contacted the store security officer, Pereira, to escort Maisa to her car. As soon as they exited the store Tyrone ran toward the group and attempted to grab hold of AS. Maisa and the children attempted to run away from Tyrone. Tyrone chased them. As Maisa picked up AS and hugged her against herself, holding on to her, Tyrone was saying, “I love this girl. I’m going to take this girl!” as he was attempting to pull AS from Maisa’s arms. Tyrone was pulling AS from Maisa, who slid out of her grasp so that Maisa was holding onto AS’s legs, at this point Pereira jumped between Maisa and Tyrone grabbing a hold of AS’s midsection. Both Pereira and Maisa were able to pull AS from Tyrone.
Tyrone took off westbound. Officers from 41 Division attended the scene and located Tyrone where he was arrested and advised of his rights to counsel and transported to 41 Division where he was held for a show cause hearing.”
At the time of the index offence, Mr. Bartley had also incurred charges including assault and criminal harassment. In addition, his criminal record discloses that a charge of sexual assault in 2008 and charges of robbery, and overcome resistance by attempting to choke, suffocate or strangle another person in 2015, had been withdrawn
Mr. Bartley suffers from treatment refractory Schizoaffective Disorder. As noted in the Hospital Report, his symptoms include auditory hallucinations, grandiose, paranoid and persecutory delusional beliefs, sexually inappropriate behaviour, disorganized thinking and behaviour, and aggressive and violent behaviour. Mr. Bartley’s diagnoses also include Substance Use Disorder (Cannabis and stimulant), and Antisocial Personality Traits.
Course Since Last Annual Review
Mr. Bartley remained an inpatient of the all-male secure forensic unit of the hospital for the duration of the reporting period.
Dr. Chan stated that there has been no appreciable change in Mr. Bartley’s mental status since his last annual review. He continues to exhibit residual symptoms of psychosis, including auditory hallucinations, grandiose, paranoid, and persecutory delusional beliefs, disorganized thinking, sexually inappropriate behaviour and aggressive and violent behaviour.
He is also labile and unpredictable. He is frequently argumentative and aggressive with staff and patients on the unit. He has acted out in a sexually inappropriate manner towards female staff, making sexualized comments, exposing himself or masturbating in front of them and attempting to touch them.
He lacks at insight into his illness, treatment needs, and the circumstances which find him under the jurisdiction of the Board. Despite encouragement he refuses to participate in risk and in oriented programming. He has consistently declined to attend his team meetings. Except for a few occasions, he refused to meet with his psychiatrist. He routinely declined privileges to go off the unit, and remains mostly isolated in his room
Mr. Bartley is unwilling to take oral medication, so treatment options are confined to injectable antipsychotic medications. Unfortunately, they have proven to be inadequate in terms of reducing his symptoms.
Given the treatment refractory nature of Mr. Bartley’s illness and his limited response to treatment he was referred to the Medication Assessment Program for Schizophrenia, (“MAPS”). in May 2024. The program offers consultation services for those individual whose antipsychotic therapy is suboptimal, and specialized evaluations for treatment resistant schizophrenia and schizoaffective disorder. The MAPS team recommended electroconvulsive therapy (“ECT”), as a treatment strategy for Mr. Bartley’s refractory symptoms.
Initially Mr. Bartley’s family declined to consider the recommendation, however over the course of the year they became more amenable to the idea that ECT may benefit him.
In or about the middle of April of this year, the family consented to the ECT treatment. Dr. Chan said the next step involves meeting with the psychiatrist who specializes in ECT, and an anesthesiologist, to plan the acute phase of the treatment and the follow-up maintenance therapy. If the treatment is successful, Dr. Chan expects that there will a marked reduction in Mr. Bartley’s psychotic symptoms and aggressive behaviour.
Dr. Chan confirmed that the treatment team is of the opinion that Mr. Bartley presents a significant risk to the safety of the public. He suffers from treatment refractory schizoaffective disorder. Despite treatment with antipsychotic medication, he continues to experience severe psychotic symptoms resulting in aggressive and violent conduct directed towards staff and co-patients. He also has a history of cannabis use, which likely exacerbates his psychosis.
Absent the support and oversight of the Board, Mr. Bartley would likely experience a deterioration in his mental state in the context of medication non-adherence and possible substance use, and act out in a manner that would cause physical and/or psychological harm to members of the public.
Analysis and Conclusions
Having considered all of the evidence and the submissions presented by the parties and amicus, the Board finds that Mr. Bartley continues to pose a significant threat to the safety of the public and that his care should continue on the same terms as his current Disposition.
In coming to these conclusions, the Board has considered its responsibility pursuant to s. 672.54 of the Code to make a disposition that is necessary and appropriate in the circumstances, taking in to account the safety of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society, and his other needs.
DATED this 10^th^ day of June, 2025, at the City of Toronto, in the Region of Toronto.
Mr. B. Garrow
Legal Member
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Office of the Registrar
Ontario Review Board