Ontario Review Board
Re: Shane Walsh
ORB File No: 8139
Hearing held on: Thursday, April 17, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. S. Lessard
Dr. R. Cormier
Mr. D. Sandor
Mr. A. Bernardo
Parties Appearing:
Accused: Shane Walsh
Counsel: Mr. S. Brass
Person in charge of hospital: Representative: Dr. F. Wood
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated June 10, 2025)
Introduction
On September 2nd, 2022, Shane Walsh, was found not criminally responsible on charges of Harassment by Threatening Conduct, Robbery, Make False Fire Alarm and Mischief to Property, all contrary to the provisions of the Criminal Code of Canada. Mr. Walsh is currently subject to a disposition of the Ontario Review Board dated February 23rd, 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 within the Hospital’s catchment area in accommodation approved by the person in charge.
On April 17th, 2025, the Ontario Review Board convened a hearing at the Hospital to conduct Mr. Walsh’s annual review hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Walsh was present in person with his lawyer, Ms. S. Brass attending via Zoom Audio Visual Technology with leave of the Board. At the outset of the hearing, Ms. Brass requested an order appointing her as counsel. That request was granted pursuant to section 672.5(8) of the Criminal Code.
The record for the hearing included the Revised 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 April 8, 2025 was entered into evidence as an exhibit.
The parties were canvassed for their without prejudice positions at the opening of the hearing. Dr. F. Wood, Mr. Walsh’s treating psychiatrist spoke for the Hospital. It was his position that Mr. Walsh continued represent a significant threat to the safety of the public as that term is defined in section 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. Dr. Wood further expressed the position that a continued detention disposition remained necessary and appropriate to manage Mr. Walsh’s risk having regard to the objectives set out in section 672.54 of the Criminal Code, the primary of which is the necessity of ensuring the safety of the public.
The representative of the Attorney General and counsel for Mr. Walsh both agreed with the Hospital’s position on both issues, subject to questioning.
For the following reasons, the panel agrees with what was ultimately a joint submission on all issues and has concluded that while Mr. Walsh’s trajectory is currently encouraging, at this time he continues to represent a significant threat to the safety of the public and that a continued detention disposition is necessary and appropriate having regard to the primary objective mentioned, as well as the other objectives set out in section 672.54, namely those of ensuring that Mr. Walsh’s mental health and other needs are met, including the ultimate objective of reintegration into the community.
Evidence at the hearing
The evidence for the hearing came from the Hospital Report mentioned and the live testimony and update offered by Dr. Wood.
Turning first to the Hospital Report, it is cumulative in nature and included helpful hyperlinks from the index Dr. Wood prepared to the different relevant portions of the document. It details the circumstances of the index offences as outlined in previous Reasons for Disposition:
“Occurring from January 1, 2021 to July 1, 2022
Between these dates, Mr. Walsh was living in Ottawa Community housing and had had multiple encounters where he was throwing things, damaging things, and yelling while being alone in his apartment. The police apprehended Mr. Walsh under the Mental Health Act on May 5, 2022. They attended again on May 9, 2022, for similar behaviour. On May 16, 2022, police received several calls about Mr. Walsh’s behaviour. He was screaming and breaking things, and he broke through the wall between apartments and there was a hole large enough to see between the accused unit and the adjacent unit. He was calling the residents of the next apartment “whores.” He was apprehended under Section 17 of the Mental Health Act and brought to the hospital.
On May 19, 2022, police attended for a wellness check, as Mr. Walsh had just been released from the hospital. He was very hostile and did not allow police into the apartment initially. When they eventually gained entry, there were no grounds to apprehend him. On May 24, 2022, police received a Form 2 for Mr. Walsh and transported him to hospital.
On June 11, 2022, police responded to a complaint by the victim of the harassment that Mr. Walsh had said she had “ten seconds to be out of the building or he would shoot her.” Police attended and Ottawa Community Housing Security stated that they were still receiving multiple calls per day about Mr. Walsh and his erratic behaviour. Police could hear Mr. Walsh screaming on the phone that his employer owed him money. Prior to police arriving, he was pacing in the hall, making statements about shooting people.
On June 18, 2022, the victim, Mr. Walsh’s neighbour, called police after hearing him through the wall, stating that he was going to jump from the balcony. Mr. Walsh admitted that he was not taking his medication and was not apprehended.
In total there were 12 encounters with police between May 5, 2022, and July 1, 2022. On July 1, 2022, Mr. Walsh was seen on surveillance video exiting his 17th floor apartment, at a downtown Ottawa Community Housing building. He was holding a red, hardwired smoke alarm unit, which he had disconnected from inside his apartment. He then walked towards the camera in the hallway and threw the smoke alarm at the camera, missing the camera, but denting the wall. Mr. Walsh then re-entered the apartment.
Disconnecting the hardwired smoke alarm from his unit caused the fire alarm system to activate at the panel, causing a loud audible noise (a false fire alarm). When police attended on July 1, 2022, they spoke with Mr. Walsh’s neighbour. She informed police that on May 16, 2022, Mr. Walsh broke through their shared wall by poking a pipe through it. Mr. Walsh was apprehended at that time. He was charged with mischief for this offence.
Occurring on Tuesday, May 31, 2022
On this date at around 1:00 p.m., Mr. Walsh entered an LCBO on Bank Street in Ottawa. He selected to two bottles of Smirnoff Vodka and a six-pack of Labatt’s Blue beer and concealed them in his backpack. He walked out of the front of the store without making any attempt to pay. The security officer for the LCBO stopped Mr. Walsh and asked him to return the stolen items in the store. Mr. Walsh continued walking towards the exit and then swung his right fist backwards, striking the security officer on the right side of the face with his forearm.
Mr. Walsh then removed the items from his backpack and placed them on a nearby shelf, before moving towards the exit. He stopped beside the cash, where he became agitated, swearing at the security officer. He pulled out a 6-inch metal knife, pointed it at the officer and yelled that he would cut his throat and slash his stomach. Mr. Walsh then threw the knife on the ground with such force that it shattered into three pieces and then yelled at the office to pick it up using a racial slur.
Mr. Walsh fled the store on foot and was arrested by a police officer nearby. Mr. Walsh spontaneously told the officer that he tried to steal some liquor and was caught, that he was a boxer, that the security officer was subsequently rude to him and that he pushed the security officer.
While awaiting entry into the cell block area, Mr. Walsh provided a voluntary statement to the police. Mr. Walsh said that he had schizophrenia and that the security guard had grabbed him after he had placed the beer in his backpack. He also said that he called the security guard a racial slur and told him not to touch him. He said that he struck the security guard out of reflex in the chest and that he was suffering from bipolar disorder type I.
Mr. Walsh explained that he “gets delusional, that he does not hear voices, but that he feels that people are trying to hurt him.” Mr. Walsh said that this fear people were trying to hurt him, was the reason he pulled the knife, and why he warned the guard to back off. Mr. Walsh said that he threw the knife on the floor with enough force to break the blade. He described the knife as a cheap kitchen knife, not a combat knife. He concluded this statement by telling the officer that he took Seroquel for sleep.
Occurring between June 2, 2022, and June 20, 2022
On June 1, 2022, Mr. Walsh was released from Court with conditions to contact his bail supervisor by phone the following day. On June 21, 2022, the bail supervisor reported that Mr. Walsh had not contacted him on June 2, 2022. She sent a letter to his address requesting that he report in person on June 20, 2022, at 1:00 p.m. Mr. Walsh did not report at that time either. This breach file was processed along with the other charges occurring on July 1, 2022.”
The Hospital Report also includes details associated with Mr. Walsh’s personal history, his criminal history and his history of struggles with major mental illness. Mr. Walsh is now 33 years old and has lived in Canada his entire life. He has described himself as a “hyperactive, loud kid, kind of manic…” and said that he was initially diagnosed with autism. According to Mr. Walsh, that diagnosis was ultimately abandoned and he was described as struggling with behavioural issues. Mr. Walsh did say that he began seeing a doctor or psychologist when he was four years old and that he suffered a manic episode and was diagnosed with bipolar disorder in 2009 while living in Ottawa.
Mr. Walsh’s mother and father have been separated since his childhood. Mr. Walsh has a sister, Sarah, who also lives in Ottawa with her four children. He has a large extended family, primarily in Newfoundland. Mr. Walsh has described being close to an Aunt Nancy who lives in Victoria, British Columbia.
Mr. Walsh is a high school graduate that excelled in art and science and received the highest marks in the intensive Grade 12 music course. As his secondary school education progressed, he primarily took art and music courses. He has described finding his place through music though he did not like school and did not want to return to education following his graduation. Since that time, he has not completed any post-secondary or vocational training.
Mr. Walsh has worked a range of short-term jobs - mostly janitorial or cleaning work, though he also worked in factories, call centres and cash registers at retail stores. He has explained that his stress level would get high and then he would stop showing up as scheduled. Alcohol use was also a frequent contributor to his loss of employment. In-between brief periods of self-sufficiency he would return to live with his mother.
Mr. Walsh has a limited criminal record. He was convicted of Theft Under $5000 in 2014. He has described this as “stealing food and getting caught.” He had a failure to appear conviction related to this offence. In 2019, he was charged with mischief after getting into a fight with his roommate. He said that he “broke a bunch of his stuff” while intoxicated. The current charges constitute Mr. Walsh’s first major offence.
Mr. Walsh has a history of struggle with alcohol and substances dating back to his adolescence. While he did experience periods of sobriety, he drank continuously from age 21 to 25. He then stopped drinking for four years before relapsing into binge drinking. While he as avoided most schedule 1 substances, he has tried magic mushrooms on occasion and has used cannabis periodically.
In terms of history of struggle with major mental illness, Mr. Walsh has experienced depression and several hypomanic episodes over the course of his life as a young adult. His most recent manic episode began in April 2022 when he was admitted to the Queensway Carleton Hospital for two weeks and then returned again two days after being released. Over the course of manic episodes, he has experienced extensive grandiose delusions and paranoia. During these episodes he has had difficulty focusing on basic tasks associated with hygiene and feeding himself and his pets. He has a history of noncompliance with recommended anti-psychotic medications and mood stabilizers. He has engaged in self-harming behaviours and has a history of suicidality. His current diagnoses are:
a. Bipolar disorder type I, recent depression, in partial remission.
b. Cannabis use disorder, moderate
c. Alcohol use disorder, moderate
d. Social anxiety disorder
e. ADHD combined type
f. Conduct disorder, childhood onset
g. Borderline personality disorders with adult antisocial behaviours
h. Adjustment disorder
The Hospital Report’s update for the purposes of this hearing begins at page 49. The key events it promptly notes include recurrent issues over this past review period with cocaine use and subsequent suicidal ideation and engagement to a positive degree in Dialectical Behavioural Therapy through the Canadian Mental Health Association. Mr. Walsh has also been engaging regularly with Cocaine Anonymous, is attending a weekly SMART Recovery Group and AA group meetings. The update explains that stressors, such as a recent break up with a girlfriend, have contributed to Mr. Walsh’s multiple relapses into cocaine use and subsequent suicidality. It positively says that Mr. Walsh reached out for support to quit cocaine use after this relapse and showed insight as to the destructive nature of its use. He has been dedicated to his weekly sessions and has been open to ongoing homework assignments. He has engaged during one-on-one sessions with his therapist and has put successful safety plans into place and is beginning to apply his new coping skills to daily stressors. The Hospital Report says that the challenge now is to “keep this up for the long term.”
The Hospital Report says that in September 2024, Mr. Walsh agreed to go on a long-acting injectable antipsychotic (Abilify Maintena). He remained on that medication until January 2025, when he noticed a period of dysphoria and lack of motivation following injections. He has since returned to the oral form of Abilify and has noted improvements in these areas. He has been compliant with other oral medications and has shown no indications of manic or hypomanic episodes or other psychotic features. The main focus of his treatment has largely been on managing mood dysregulation and engaging in therapeutic programming to address his substance use.
The Hospital Report includes a Risk Assessment the contents and methodology of which were not challenged at this hearing. It concludes that Mr. Walsh presents a moderate-high risk of future violence. It arrives at this conclusion based on the historic factors already discussed in these Reasons, including the circumstances of the index offences and based on Mr. Walsh’s recurrent difficulties with cocaine use over the past year. The Risk Assessment also discusses the negative impact Mr. Walsh’s most recent toxic relationship with an ex-girlfriend had on his substance use and suicidality.
The Risk Assessment identifies dynamic or “possibly modifiable risk factors” for Mr. Walsh. It notes that he has shown reasonable insight into his mental illness and need for treatment. Mr. Walsh has good insight into the relationship between his psychosis and risk for violence. He has not experienced psychotic symptoms in spite of cocaine use. He has stable housing and the support of CMHA in the community. While he has still used alcohol and cocaine to cope with stress, he has been improving with stress-management and emotional dysregulation through active participation in the DBT programming mentioned. His participation in group programming and ability to identify social and romantic rejection and isolation as triggers for alcohol use is positive. While medication compliance has been a historic concern, he has shown improvement in this domain over the course of the nine months preceding the hearing.
Mr. Walsh now lives independently and has been able to have his bearded dragon, and two cats returned to him, in addition to a third cat he recently adopted and a fourth cat that he inherited through his most recent relationship. He has noted an improvement in his mood when adhering to a fairly structured routine in the morning that involves caring for his pets and completing other chores around the home. He has at times though felt overwhelmed if faced with disruptions to this routine and has had to practice DBT skills to help cope with those occasions. He attends the gym up to three days a week, which has resulted in benefits to his mood and has helped to limit social isolation.
In his evidence to the panel, Dr. Wood adopted the contents of the Hospital Report. He said that in spite of the relapses noted, Mr. Walsh has made great strides over the course of programming. He has completed one round of DBT programming that lasted a period of 16 weeks and is now participating in a second round that is focused on mindfulness. He explained that Mr. Walsh is interested in full DBT programming and continues to attend Cocaine Anonymous and Alcoholics Anonymous. He has a sponsor for those programs and is still involved in SMART Recovery programming. He has a good therapeutic alliance with the CMHA and with his treatment team. Dr. Wood explained that the trajectory is good. He echoed the contents of the Hospital Report saying that the challenge now is to maintain Mr. Walsh’s progress over the course of the long term. He suggested increasing Mr. Walsh’s travel privileges in the disposition given his progress. This recommendation was ultimately supported by all parties.
Submissions of the Parties
- At the end of the hearing the parties provided the panel with a joint submission that the evidence established that Mr. Walsh represented a significant threat to the safety of the public as set out in Winko and that a detention disposition with the expanded travel privilege mentioned by Dr. Wood over the course of his evidence was necessary and appropriate and consistent with the objectives set out in section 672.54 of the Criminal Code.
Analysis and conclusion
As mentioned above, the Board agrees with the joint submission.
Turning first to the threshold issue of significant threat to the safety of the public, the Board is mindful that this is a high threshold that poses no burden on Mr. Walsh to establish that he is not a significant threat. The threat must be significant both in terms of likelihood of occurrence and in the seriousness of harm that would flow through serious criminal activity in the absence of a disposition. Mr. Walsh suffers from a lengthy history of struggles with major mental illness that drove the circumstances of serious index offences. Those offences involved neighbours as well as strangers and were coupled with grandiose delusions, paranoia and acts of violence. Mr. Walsh while demonstrating insight into his major mental illness and need for treatment has a long history of struggles with noncompliance with prescribed antipsychotic medication and substance and alcohol use. Both the noncompliance with recommended treatment and use of alcohol and substances has fueled either psychotic symptoms or suicidality and other forms of violence. Over the course of the last review period, he has experienced multiple relapses. While his trajectory in the months leading to this review has been positive, it rests at this time on a backdrop of historic difficulties that require more time and consistency before it can be said that he no longer represents a significant threat to the safety of the public.
Noting that Mr. Walsh is still developing his capacity to deal effectively with stressors, his re-offence scenario in the absence of a disposition sees him turning to alcohol or cocaine over a period of difficulty or disruption and returning to patterns of self-isolation away from his sponsor the CMHA and the group programming and physical activity he currently finds supportive. In that setting he would likely become noncompliant with necessary antipsychotic medication, experience a return of psychotic symptoms and become harassing and violent again to members of the public. Given his history and the factors cited above, the panel agrees that Mr. Walsh currently represents a significant threat to the safety of the public.
That being said, Mr. Walsh is showing insight, has engaged meaningfully in programming and has demonstrated an ability to abstain from substances and alcohol over the latter portion of the last review period. He has developed a good therapeutic alliance with the CMHA and his treatment team and finds that a combination of programming, care for his pets and structured physical exercise is helping him deal with the stresses of independent living. He has achieved long periods of sobriety in the past and is engaged and committed to his sobriety and treatment compliance currently.
When considering what disposition is necessary and appropriate having regard to the objectives set out in section 672.54 of the Criminal Code, the primary of which is that of ensuring the safety of the public, the Board must consider whether a lesser disposition would be sufficient to manage a patient’s risk. In the case of Mr. Walsh, the Board is of the opinion that any disposition other than that of a detention disposition would not suffice. Mr. Walsh did not tolerate a long-acting injectable antipsychotic medication and is on an oral medication in the community. While he is treatment compliant at this time, he has experienced multiple relapses into cocaine use. In the past, such relapses have prompted periods of self-isolation, depression, suicidality and treatment noncompliance. Should any of these occur, it becomes unlikely that Mr. Walsh would return to the Hospital when requested. Bereft of the protective qualities of a long-acting injectable antipsychotic medication, the Hospital still needs to be able to respond quickly to early signs of use of substances or alcohol and to indicators of mental deterioration. But Mr. Walsh’s trajectory is positive such that it cannot be said that an expansion of his travel privileges would compromise the safety of the public.
Accordingly, the Board has agreed with the joint submission that Mr. Walsh continues to represent a significant threat to the safety of the public and that a detention disposition with increased travel privileges is necessary and appropriate having regard to the primary objective of ensuring the safety of the public, and the other objectives of ensuring that Mr. Walsh’s mental health and other needs, including the ultimate objective of reintegration into the community, are met.
The Board thanks all who participated in this hearing and wish Mr. Walsh continued progress over the course of the next reporting period.
DATED this 10th day of June 2025, at the City of Toronto, in the Toronto Region.
Mr. D. Sandor Legal Member
Office of the Registrar
Ontario Review Board