Ontario Review Board
Re: Patrick Duguay
ORB File No: 6194/6203
Hearing held on: Monday, May 5, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M. Segal (via Zoom) Members: Dr. K. Hand Dr. L.O. Lightfoot Ms. M. Chamberlain Mr. J. Cyr
Parties Appearing:
Accused: Patrick Duguay Counsel: Mr. M.J. Davies
The person in charge of hospital: Representative: Ms. M. Kraftscik
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated June 10, 2025)
On September 4, 2012, Patrick Duguay was found not criminally responsible by reason of mental disorder on one count of second-degree murder and one count of arson, both contrary to the Criminal Code of Canada (“Criminal Code”). On September 19, 2012, Mr. Duguay was once again found not criminally responsible, this time on charges of mischief and aggravated assault, also both contrary to the Criminal Code.
Mr. Duguay is currently subject to a disposition of the Ontario Review Board (the “Board”), dated May 29, 2024, detaining him at the High Secure Provincial Forensic Programs, Waypoint Centre for Mental Health Care (“Waypoint” or “the Hospital”), with hospital and grounds privileges, beyond the secure perimeter, escorted by staff.
On Monday, May 5, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Mr. Duguay was in attendance and was represented by his counsel, Mr. Davies.
Position of the Parties
Ms. Kraftscik, on behalf of the hospital, submitted that Mr. Duguay remained a significant threat to the safety of the public and recommended a continued detention order. The Hospital requested the same terms of Disposition with one added clause restricting Mr. Duguay’s use of incendiary devices. This position was supported by Ms. Curry, on behalf of the Attorney General.
Mr. Davies stated that his client conceded the issue of significant threat and agreed that a detention order was warranted; however, he wished to be transferred to Ontario Shores and noted that if the transfer was approved, additional conditions may be required.
Background and Index Offences:
Mr. Patrick Duguay is a 36-year-old French-Canadian male. He was born in Hearst, Ontario and is the only child to his parents. His parents separated before his birth and he was raised by his mother. As early as age 16, he felt lonely and alienated from others. He felt depressed.
Prior to September 2022, Mr. Duguay had been living in an apartment in Ottawa and supported by the Ontario Disability Support Program. Mr. Duguay has a long history of aggression and violent behaviour in addition to the index offences. He has a criminal record that includes violence and multiple convictions for failing to comply with court orders. His most recent conviction relates to assaults on the staff at the Royal Ottawa Mental Health Centre (ROMHC), behaviour that ultimately resulted in his transfer to the high secure facility at Waypoint.
Mr. Duguay’s current psychiatric diagnoses consist of:
Schizophrenia;
Cannabis Use Disorder, Moderate; and
Antisocial Personality Disorder
- The circumstances of the index offences are taken from the most recent Reasons for Disposition, as follows:
“Murder and Arson (damage to property): Offence Date - March 6, 2008:
The accused assaulted the elderly male victim, Mr. Aldoria Fournier, who was in bed resting. He beat the victim using his hands, elbows and knees causing severe injury to the victim’s head and chest area including multiple fractures of the skull and rib cage. At one point, the accused jumped on the victim using his knees while the victim was on the floor. Mr. Fournier died from the severe beating.
The accused confirmed the victim was deceased by checking for a pulse. He removed a blanket from the bed and wrapped the victim in it. The accused then dragged the victim by his feet from the bedroom into the hallway down to another bedroom at the rear of the trailer. A pattern of blood transfer was left as a result of this movement. The accused placed the victim on the bed with his head near the middle of the bed and his legs hanging over the end of the bed in an angular manner. The accused then bundled a quantity of tissue paper on the bed where the victim had been placed and, using a match found within the premises, he lit the tissue on fire igniting the bedding material. The fire spread to the rest of the bedroom engulfing the victim in the fire. The accused closed the door to the bedroom then went to the initial bedroom of the victim where the death had occurred. Using another bundle of tissue, he placed it on the bed and ignited the tissue which spread to the bedding material and ceiling of the bedroom.
Aggravated Assault: Offence Date - September 20, 2008:
The victim Conrad Charron and the accused Patrick Duguay were secured in their joint cell at the Monteith Correction Complex for the evening. There had been no altercations or hostilities between the two subjects during the past year.
Sometime during the early morning hours, the victim was struck on the left shoulder with an unknown object while he slept. He sat up on his lower bunk and was immediately kicked in the face by Duguay who began to strike him repeatedly on the face. He was injured as a result of this initial attack, bleeding from the ears and had a large footwear impression on his face.
The second attack involved Duguay using two hands to choke the victim, periodically releasing one hand to strike the victim about the face. This attack lasted close to ten minutes.
Mischief: Offence Date - October 27, 2008:
At approximately 2200 hours at the Monteith Correctional Complex, a fire alarm went off in the segregation area. Staff responded and discovered that the problem was in Cell 1, Block 1, occupied by Duguay, Patrick. It was evident that he had tampered with the fire alarm in his cell, which was located on the ceiling and protected by a ‘mesh cage’. The offender had removed both the ‘cage’ and a good portion of the alarm assembly, which now was a weapon that could potentially be used against staff.
The on-call person, Mr. Bob Cook, was contacted to seek permission to activate ICIT (Institution Crisis Intervention Team). Mr. Cook agreed to have the ICIT on standby as staff were not in immediate danger. The ICIT entered the cellblock approximately 0030 hours. They used Mark IV, MK 46 munitions, as well as batons and leg irons and handcuffs. Duguay was removed from the cellblock at approximately 0100 hours and brought to Admitting and Discharge for decontamination. Four ICIT members were injured in the incident.”
Evidence at Hearing:
The evidence at the hearing consisted of the Hospital Report dated April 1, 2025, the Rule 13 Response from Ontario Shores and the testimony of Dr. Hudson.
Mr. Duguay’s progress since his last annual review is summarized in the Hospital Report as follows:
“During this review period, Mr. Duguay’s mental status has been unstable. He is often irritable and sensitive to perceived provocation. He is generally loud and boisterous and has a low frustration tolerance. He is quick to anger and has exhibited environmental aggression and threatened harm to staff members to the point of requiring seclusion. Mr. Duguay gives little forethought to his decisions and is quick to blame others. His levels have been placed on hold multiple times for his refusal to follow directions.
…Mr. Duguay repeatedly challenges the rules at Waypoint Centre for Mental Health Care. He refuses to acknowledge his mental health diagnosis and is resistant to any attempt at treatment with psychotropic medications. He is not currently taking any antipsychotic medication and an assessment of his capacity to consent is ongoing.”
Ms. Kraftscik called Dr. Hudson to give evidence on behalf of the hospital. The doctor agreed with the contents of the Hospital Report as well as the risk assessment contained therein.
Dr. Hudson informed the Board that Mr. Duguay was transferred to Waypoint’s Beausoleil unit after having been on the Forensic Assessment Unit since his arrival at the Hospital the previous year. While under the care of Dr. Komer, Mr. Duguay decided to stop taking any medication. Dr. Komer was willing to see how Mr. Duguay progressed without the assistance of medical treatment. In January of this year, Mr. Duguay came under Dr. Hudson’s care on the Beausoleil unit. Unfortunately, after some concerning incidents, Mr. Duguay had to return to the Forensic Assessment Unit.
Dr. Hudson noted that Mr. Duguay had done well in the past when he was taking medication. Dr. Hudson would like to complete an assessment; however, Mr. Duguay has only agreed to allow this if his lawyer is present. While the doctor would be willing to have counsel present, if might not be practical as the assessment could not be completed in one meeting.
Dr. Hudson stated that the clinical team was unanimous that Mr. Duguay represented a significant threat to the safety of the public and should remain at Waypoint. He noted the seriousness of the index offense as well as Mr. Duguay’s lack of insight. His mental illness remains untreated and the staff have observed him responding to internal stimuli. Historically, Mr. Duguay is a significant risk of violence to others when he is unwell. During the last reporting period, Mr. Duguay has regularly tried to intimidate staff and has threatened to kill them. He has pushed limits with staff and been argumentative when off unit. Mr. Duguay has also had limited involvement in Hospital programming.
Dr. Hudson would like to look at Mr. Duguay’s capacity to consent to treatment as he has remained untreated and this is limiting his progress at this time.
Dr. Hudson stated that historically, Mr. Duguay’s insight has been low. He has not taken responsibility for the murder of his father. The doctor suggested that this might not be the case if Mr. Duguay received treatment.
Regarding Mr. Duguay’s request to go to Ontario Shores, Dr. Hudson noted that usually when one is ready for a transfer, they are listening to staff direction and managing violent behaviours. He stated that Mr. Duguay is currently at his highest risk of violence as he in not treated. He is not able to leave the secure perimeter of the Hospital yet due to this risk. In addition, when he is off unit, Mr. Duguay has not returned to the unit when required. This would be even more of an issue were he to be in a less secure setting like Ontario Shores. Dr. Hudson did not think that Ontario Shores would be able to manage Mr. Duguay in his current state.
Dr. Hudson felt that Mr. Duguay had been given a fair trial off medication but has not been able to show that he does well when not medicated. He is currently in the most secure unit of the maximum secure forensic hospital. The next step for Mr. Duguay would be to improve his behaviour, become medicated and transfer back to the Beausoleil unit. Ultimately, the doctor would like to see him medicated and in the community.
Dr. Hudson agreed that there had been disagreement regarding Mr. Duguay’s diagnosis in the past. He would like to do testing on him but Mr. Duguay has not been willing to engage with Dr. Hudson.
Counsel for Mr. Duguay questioned what progress had been made in the last year for his client. Dr. Hudson noted that he had had an opportunity to look at whether he was able to manage himself without medication. It seems that this has not been successful and that, regardless of his diagnosis, he does better when taking anti-psychotic medication.
Mr. Duguay has gone from living on his own in the community to living in the most secure unit of the most secure hospital. This is a significant back slide. The Hospital has offered medications and treatment to Mr. Duguay to allow him to move back towards living in the community. This is a goal that all the staff want to see.
Mr. Davies pointed out that even though his client was not taking medication, he has not engaged in violence towards staff and patients. Dr. Hudson agreed but noted that verbal violence has occurred.
Dr. Hudson agreed with a Board member that psychometric testing would be more available at Waypoint and would be a helpful next step in assessing Mr. Duguay. He agreed that the waitlist for psychological services was quite long but psychometric testing could be done faster. Dr. Hudson agreed that he could push for this to be completed in the coming year.
Final Submissions:
Ms. Kraftscik restated the Hospital’s position that Mr. Duguay remained a significant threat to the safety of the public. She pointed to the numerous incidents highlighted in the Hospital Report including the incident that necessitated his return to the assessment unit in January 2025. She noted his argumentative and threatening behaviour coupled with his lack of insight. Mr. Duguay has not been able to walk outside of the secure perimeter of the Hospital in the past reporting period. Ms. Kraftsick submitted that Mr. Duguay needed to show a willingness to better himself. She felt that sending him to a less secure facility at this time would put staff at increased risk. She noted that the recent lack of violence has been a result of the security at Waypoint and would not necessarily be replicated at another hospital.
Ms. Curry stated that the Crown was in agreement with the Hospital. She noted that Mr. Duguay had not been successful on the Beausoleil program and had been transferred back to the more secure program at Waypoint. She submitted that Mr. Duguay was not ready to be transferred to a less secure facility.
Mr. Davies restated his client’s position that he wished to be transferred to Ontario Shores and include conditions that he be allowed off Hospital grounds escorted by staff. Counsel pointed out that his client had not been aggressive since arriving at Waypoint. He felt that it was speculative to say that this was due to the program at Waypoint and not attribute this behaviour to his client.
Findings of the Board:
- The Board unanimously finds that Mr. Duguay continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the position of the parties and accepted the uncontroverted evidence of Dr. Hudson. The Board also relies on the Hospital Report, which notes the following:
“Mr. Duguay is diagnosed with a major mental illness, symptoms of which have historically contributed to violent and assaultive behaviour, including the serious index offences. He has no insight into his illness, nor into his need for medications; he is not currently accepting treatment, placing him at high risk for ongoing behaviours and potential for harm to others, as exemplified in recent weeks. Adding to same is the fact that Mr. Duguay has no insight into his risk presentation, making it challenging at this point to address criminogenic risk factors. The structure, supervision and support offered under an Ontario Review Board disposition are necessary to ensure the protection of others.
This past review period, Mr. Duguay was transferred to the high secure division’s least structured and most independent unit, Beausoleil, but was unsuccessful in his progression forward. He continued to exemplify a lack of skill with respect to managing his emotions and controlling his behaviour, which on one occasion resulted in seclusion. He was challenging and oppositional with staff, especially female ones, and frequently purported himself to be a victim of staff’s targets, as well as of the mental health and legal systems in general. Despite offered encouragement, reassurance, and support, Mr. Duguay recently required transfer back to the Forensic Assessment Program; “
The Board agreed with the Hospital that Mr. Duguay is not ready for a transfer to a less secure facility at this time. Dr. Hudson is trying to find a diagnosis and has a plan to accomplish this. Mr. Duguay is frustrating his attempts by refusing to meet with him and complete the assessment. The Board disagrees with Mr. Duguay’s counsel, who posited that the Hospital was not using his client’s time in detention effectively. The Hospital has allowed Mr. Duguay’s request to go untreated to see how he would do. This has not worked out well and now the Hospital must take another path forward. Hopefully, psychometric testing can occur in the near future which will allow the Hospital to develop a concrete plan. Mr. Duguay will need to cooperate with the assessment.
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Duguay poses to the safety of the public while still meeting their needs, is a Detention Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Hudson and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Duguay’s mental condition, their reintegration into society and their other needs.
DATED this 10th day of June 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Chamberlain Legal Member Office of the Registrar Ontario Review Board