Re: Pascal M. Ouimet
ORB File No: 7990
Hearing held on: Wednesday, April 16, 2025
Place of hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(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: Pascal M. Ouimet
Counsel: Mr. P. Lewandowski
The person in charge of hospital: Representative: Dr. J. Gojer
Attorney General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated June 10, 2025)
Introduction:
On November 8, 2021, Mr. Pascal Ouimet, was found not criminally responsible on account of mental disorder on a charge of assault contrary to the Criminal Code. Mr. Ouimet is currently subject to a disposition of the Ontario Review Board dated April 15th, 2024, discharging him on certain terms and conditions.
On April 16th, 2025, the Ontario Review Board convened a hearing at the Royal Ottawa Mental Health Centre (hereinafter referred to as “the Hospital”}, to conduct Mr. Ouimet’s annual review hearing. Mr. Ouimet attended the hearing and was represented by counsel, Mr. Paul Lewandowski.
The record for the hearing included the Notice of Hearing, the most recent Disposition (mentioned above), and the Reasons for that Disposition. On the consent of all parties, a Hospital Report dated March 19, 2025 was entered into evidence as exhibit 1.
The parties were canvassed for their initial positions. Dr. J. Gojer, Mr. Ouimet’s treating psychiatrist, spoke for the Hospital. He took the position that the evidence would not support a finding that Mr. Ouimet represents a significant threat to the safety of the public as that term is defined in s. 672.5401 of the Criminal Code and as it has been explained by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, and as such Mr. Ouimet was entitled to an absolute discharge.
The representative of the Attorney General reserved pending receipt of the evidence and Dr. Gojer’s update to the Board. Counsel for Mr. Ouimet agreed with the Hospital.
By the end of the hearing, the Board was presented with a joint submission from all parties consistent with the Hospital’s opening position. The panel deliberated and agreed with that joint submission. The conclusion that Mr. Ouimet was entitled to an absolute discharge was communicated orally to the parties. These Reasons follow on that communication.
Evidence at the hearing
The evidence for the hearing came from the Hospital Report mentioned above and from the live evidence and update offered by Dr. Gojer.
Turning first to the Hospital Report, it is cumulative in nature and includes a summary of the circumstances of the index offences as contained in previous Reasons.
“April 08, 2020
Mischief/Damage property not exceeding $5000 (two counts)
According to the Crown Brief Synopsis, on this date, Mr. Ouimet was observed kicking the side of the victim’s vehicle prior to taking a suitcase and hitting the car with it as well. The victim took several photographs, confirming that it was Mr. Ouimet. The victim then observed Mr. Ouimet smash out the passenger side window of another car parked about a hundred meters away before walking away. Mr. Ouimet was later arrested after confirming he matched the identity of the individual in the photographs.
Mr. Ouimet told investigating officers that he did not recall committing the above offenses.
April 12, 2020
Breach of probation (one count)
According to the Crown Brief Synopsis, on or about this date, Mr. Ouimet was observed yelling at joggers on the street. As a pedestrian crossed the street, Mr. Ouimet pulled out what appeared to be a fake gun, pointed it, and pulled the trigger, causing three loud bangs. The individual was concerned did not know if the gun was real or fake. He advised Mr. Ouimet to not do that again then he walked away. However, about forty-five minutes later, the individual called 911 when he observed Mr. Ouimet still seated at the intersection. Officers arrived on the scene shortly afterwards and detained Mr. Ouimet for pointing a firearm. The officer located a brown and black cap gun with attached orange tip that somewhat resembled a 38 special. Mr. Ouimet was provided rights to Counsel and cautioned. Subsequently, when conducting a CPIC query, it was discovered that Mr. Ouimet had entered into a Probation Order on October 25, 2019, with the condition “Do not possess any weapon(s) as defined by the Criminal Code (including an imitation firearm).” Mr. Ouimet’s identity was confirmed using his Ontario Health Card, and he was released on an undertaking from the scene.
In the Police Officer Statements, it was noted that the officers searched Mr. Ouimet’s property and found he was in possession of journal books, colouring pencils, stickers and sticker albums of rainbows and animals, and children’s toys. The journal entries included the mention of creating a secret coalition with children between the ages of three-to-seven that would progress to children between the ages of eight-to-nine. It was not felt that there were any details to suggest plans of child luring or child pornography.
In another entry, Mr. Ouimet mentioned that he was involved in a molestation ten years ago, and that aliens lived in his head. When Mr. Ouimet was asked about this information, he said that the officers would not understand the secret coalition, and that he saves children. Mr. Ouimet added that he was forty-one, but he believed that his mind was a thirteen-year-old. He also said that there were two dead children living in his head who were three- and four-year-old girls, one of which died two-thousand years ago and the other died in 1991. When further asked about the molestation entry, Mr. Ouimet said that he was molested as a child, but he did not know by whom. Moreover, Mr. Ouimet had prescription bottles, and he confirmed that he attended daily for antipsychotic medications that were only just starting to work.
Mr. Ouimet told the investigating officer that he had a cap gun that he had purchased from a dollar store and said that he wanted to play with it. His explanation as to how he used it did not make sense. He said that he did not believe that he would be arrested for having this gun. He said that he does not recall writing anything in a journal about forming a coalition with children. He does not recall having any coloring books, pencils and a sticker album of rainbow and animals. He then corrected himself and said that he may have had a sticker album but could not tell me why. He then told me that he was unable to recall any of the details of the event but believed that he had the gun with him and nothing else.
April 28, 2021
Cause a disturbance by fighting/shouting/swearing (one count)
Assault (two counts)
Mischief – property no set value (one count)
According to the Crown Brief Synopsis, on or about this date, Mr. Ouimet was observed yelling and screaming profanities at construction crews working in the area. While the victim was walking to work, Mr. Ouimet struck him by throwing a half-full bottle of soda at him. This cased the victim’s headlamp to fall to the ground and break on the pavement. A bystander attempted to intervene, and Mr. Ouimet punched him in the face with a closed fist. Several construction workers then stopped working to come out and restrain Mr. Ouimet, who was held until police arrived. Police arrested Mr. Ouimet, removed him from the area, and released him on an undertaking with conditions not to return to the construction site.
According to the Police Officer Statements, Mr. Ouimet apparently stated that he understood the rights to counsel but did not wish to call a lawyer. It was also noted that he understood when provided with the caution. He was released to the Salvation Army Shelter in the city of Ottawa.
Mr. Ouimet said that he recalled the incident. He was living on the streets. He had been barred from every shelter. He said that he had woken up and was on his way to a pharmacy to pick up his methadone. He recalled feeling that everyone was against him and going to harm him. He said that, on the way to the pharmacy, he was approached by a construction worker who he felt was laughing at him. He thought that the man wanted to attack him, so he said that he struck the construction worker with his fist. He said that the man hit him back and another man joined the first man, and they pushed him to the ground and began kicking and punching him. The police were called, and he was arrested. He denied throwing any soda bottle at that man. He was hearing voices at that time and believed that it was coming from the men and felt that he should fight back. He said that he did nothing wrong as he was in danger and had to defend himself. He could not recall if he was using any drugs, other than his methadone on a daily basis.
October 31, 2021
Assault (one count)
According to the Crown Brief Synopsis, on or about this date, Mr. Ouimet went inside the St. Patrick Basilica in the City of Ottawa during prayer time, where he walked down the centre aisle of the church and began yelling and swearing while church parishioners were sitting and praying. He proceeded to spit on a victim, where the saliva landed on the right side of her head, and then he attempted to punch another unidentified victim. Mr. Ouimet then left the church property and was arrested shortly afterwards by police. He was provided with a court date of December 10, 2020 and a fingerprinting date of December 03, 2020.
According to the Police Officer Statements, when Mr. Ouimet was being read his rights to counsel, he appeared to provide odd statements. For example, when asked if he understood, he said “this is perjury.” When asked if he wished to speak to a lawyer, he said “release me, I’m going to the pharmacy.” When read the caution and if he understood, he said “I was just not supposed to trespass.” When again asked if he understood, he did not respond. He eventually stated that he understood and that he needed to go to the pharmacy before becoming unresponsive again. He was released with an undertaking.
Mr. Ouimet said that he recalled going to a church and said that it was about 6:30 AM and people were sitting in the chapel, but the service had not started. He denied swearing at people. He sat down for some time and then wanted to use a washroom and was prevented from doing so by a man in the church. He denied spitting at anyone and denied punching at anyone.
December 02, 2020
Possess weapon, etc./dangerous to public peace (one count) Use/Handle/Store firearm, etc. carelessly (one count) Mischief (one count) Possess firearm, etc. while prohibited (two counts)
According to the Crown Brief Synopsis, on or about this date, Mr. Ouimet was observed pulling out a gun and pointing it down the street in the area of Slater Street and Elgin Street in the city of Ottawa and then firing it. Police attended the area for the sound of two gunshots, and they spoke to two witnesses who were shaken by the events. Another witness observed Mr. Ouimet perform these actions. Mr. Ouimet was subsequently located and arrested by police at a nearby store. A firearm was located in his bag (9mm ROHM RG88) as well as one round in the magazine that was loaded into the firearm. Additional rounds of ammunition were located Mr. Ouimet’s pockets. It was noted that Mr. Ouimet was arrested on November 26, 2020, in the same area for carrying a replica firearm and ammunition. At the time of the offence, Mr. Ouimet was bound on two Prohibition Orders, one issued after a conviction of attempted robbery, and another issued after being convicted of assault.
The Hospital Report describes Mr. Ouimet’s personal and criminal history as well as his history of struggles with major mental illness. Mr. Ouimet is single and has no children. He is an ODSP recipient with little education. He did not complete high school though he was never diagnosed with any learning disabilities. Following grade 11, Mr. Ouimet worked as an electrician’s assistant for five years. He then worked on the CN pipeline but began heavily consuming alcohol which led to loss both of employment and of his driver’s license.
Mr. Ouimet has two sisters and grew up with both parents until they separated when he was thirteen. He previously claimed mental abuse and some neglect during his childhood but no physical or sexual abuse. He has also experienced homelessness off-and-on throughout the years.
Mr. Ouimet began using substances when he was 17 years old. He had a longstanding history of cannabis use and a mixed pattern of alcohol use that ranged from frequent use to binging. He has abused opioids, benzodiazepines, amphetamines and crack cocaine. His use of substances has exacerbated his underlying psychotic illness in the past. As will be detailed further below however, he has abstained from the use of substances and been diligently engaged with the methadone program for a number of years. Over this period, he has been able to voice his understanding of the serious impact of substance use on his mental health.
The Hospital Report discloses that Mr. Ouimet has an extensive criminal record that commenced as a youth in Alexandria, Ontario in 1997. He has been convicted of multiple property offences, offences against the administration of justice and assaults.
The Hospital Report explains that Mr. Ouimet has struggled with his mental health for a number of years. He was the subject of a Form 1 and then a Form 3 Mental Health Act hospitalization in April 2010, presenting as disorganized, paranoid and aggressive. He tested positive at that time for cocaine and for cannabis and was given a working diagnosis of unspecified psychosis with cluster B personality traits. He was involuntarily hospitalized again from January 24 to February 2, 2011, with what the Hospital Report indicates was a brief psychotic episode in the context of ongoing substance abuse over the course of which he displayed aggressivity and obvious paranoia. In May 2012, he attended at the Royal Ottawa Hospital complaining of “hearing people talking about him” and “laughing at him.” According to the Hospital Report, his diagnosis is schizophrenia and opiate use disorder – managed with Methadone.
According to the Hospital Report, Mr. Ouimet has responded very well to medication and is compliant with treatment. Over the course of 2023 leading to his last annual review, Mr. Ouimet was showing good insight into his illness and into the significant difference treatment has made with his mental state and well-being. He showed insight, as mentioned, into the negative impact of substances upon his mental health and all indications were that this insight was internally motivated. The Hospital Report, leading up to the 2024 annual review said”
Overall, in the last 9 months [Mr. Ouimet] has posed no risk to the community. He sees the benefit of taking treatment and attending follow-up with the hospital if given an absolute discharge. The question is whether a low risk in a person who has a lengthy history of breaking the law and not following up and engaging with psychiatric services still contributes to Significant Risk. Mr. Ouimet, in my opinion falls on that cusp. I would like to see him follow up for a longer period of time, with further loosening of restrictions by the Ontario Review Board. With this in mind, if the board agrees that he is a significant risk, a conditional discharge with no prohibitions to him abstaining from drugs but coupled with random urine screening will be necessary and appropriate to help him work towards an absolute discharge over the next reporting year.
The Hospital Report’s update for this hearing begins on page 25. It opens with the statement that “Mr. Ouimet has had a very good year, no different from last year.” It describes a year of medication compliance, consistency with appointments, good insight into his illness and need to take medications for the rest of his life, participation in concurrent disorders, risk and recovery and emotional regulation groups, consistently negative urine screens and avoidance of old friends that use drugs. Mr. Ouimet maintains a good therapeutic alliance with Dr. Gojer who he will continue to see as an outpatient and works well with the Canadian Mental Health Association. He has consistently presented as calm and relaxed. He avoids potential conflicts with other residents at Daybreak and receives support from his mother and sister in the community.
To this, Dr. Gojer added his live evidence over the course of the hearing. He said that, since being started on Abilify in 2023, Mr. Ouimet has not shown any evidence of psychotic symptoms. Mr. Ouimet responded well to that medication and “quite willingly” agreed to receive it in the form of a long-acting injectable. Dr. Gojer said the Mr. Ouimet had been residing in supported living at Daybreak since May 2023 and that no negative reports have been received from staff at that residence or from the CMHA since that time. He emphasized that over the last two years, Mr. Ouimet has shown no evidence of psychotic symptoms. Dr. Gojer expressed his confidence, based on Mr. Ouimet’s history, that Mr. Ouimet will keep appointments, continue to take his medication and will stay away from drugs in the absence of a Board disposition. He confirmed that an absolute discharge will not compromise Mr. Ouimet’s accommodations and indicated that Mr. Ouimet has the maximum number of carries permitted by the methadone program. Dr. Gojer described a positive level of reintegration into the community for Mr. Ouimet, both as concerns treatment, medication, and support systems.
Submissions
- As mentioned, at the end of the hearing, the Board received a joint submission from all parties that Mr. Ouimet no longer represented a significant threat to the safety of the public. All participants expressed the sustained progress he has made and agreed that the evidence did not rise to the threshold level described by the Supreme Court of Canada in Winko.
Analysis and conclusion
The Board agreed. The threshold finding of significant threat to the safety of the public is a weighty one that requires a high degree of certainty that an NCR accused will cause serious physical or psychological harm by committing serious criminal offences in the absence of a Board disposition. In Mr. Ouimet’s case, he has now shown a prolonged period of good insight into his mental illness, his need for treatment, and the deleterious effect substances can have on his schizophrenia. He is being treated with a long-acting injectable antipsychotic medication and has shown no evidence of psychotic symptoms since he began receiving it in 2023. Mr. Ouimet has a good relationship with the staff and people that he lives with in accommodations in the community and is supported by his mother and his sister. He has expressed appreciation for the treatment team and is prepared to continue working with Dr. Gojer and the CMHA in the absence of a Board disposition. All indications are that his insight, progress, and stability have been internally motivated and assisted by his long-acting injectable antipsychotic medication and the work of the CMHA and the treatment team.
Under such circumstances, the Board was pleased to accept the joint submission, conclude that there was no evidence establishing that Mr. Ouimet represented a significant threat to the safety of the public, and granted him an absolute discharge.
The Board congratulates Mr. Ouimet, his mother and sister, the treatment team, his valuable supports from the CMHA and all others who have assisted him. It also thanks all of those who participated in this hearing for their able assistance.
DATED this 10th day of June 2025, at the City of Toronto, in the Toronto Region.
Mr. D. Sandor
Legal Member
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Office of the Registrar
Ontario Review Board