Ontario Review Board
Re: Daniel Munro
ORB File No: 4709
Hearing held on: Thursday, May 8, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. T. Verny Dr. G. Nexhipi Mr. K. McKenna Mr. W. Apted
Parties Appearing:
Accused: Daniel Munro Counsel: Mr. T. Whillier
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated June 18, 2025)
Introduction:
On February 28, 2007, Daniel Munro was found not criminally responsible (“NCR”) on account of mental disorder on charges of aggravated assault and failure to comply with a probation order, contrary to the Criminal Code.
Mr. Munro is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated May 1, 2024, whereby he is detained at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH”) with privileges up to and including living within the Greater Toronto Area in supervised accommodation approved by the person in charge.
On May 8, 2025, a panel of the Board convened an annual hearing to review Mr. Munro’s Disposition pursuant to s.672.81 of the Criminal Code. Mr. Munro was present and represented by his counsel, Mr. T. Whillier.
The issues to be decided at this hearing were whether Mr. Munro continues to meet the test for significant risk to the safety of the public and, if so, a decision as to the least onerous and least restrictive disposition to be made in the circumstances of this accused, including any conditions to be attached to that Disposition, bearing in mind the four factors set out in s. 672.54 of the Criminal Code.
For the reasons set out below, the Board was in unanimous agreement that the test for significant threat continued to be met and that the least onerous and least restrictive Disposition necessary to manage the risk posed to the public by Mr. Munro is that he remains subject to his existing Disposition subject to the following two amendments:
a reduction in the reporting requirement to not less than once every two weeks, or as required; and
revise paragraph 2(b) to state – “to live in the community of the GTA in accommodation approved by the person in charge of the hospital.”
Positions of the Parties:
At the commencement of the hearing, all parties were canvassed as to their position. The hospital’s representative recommended that Mr. Munro continues to represent a significant threat to public safety and that he should remain bound by the terms of his existing Disposition except for a reduction in the reporting requirement to not less than once every two weeks, or as required.
Counsel for the Attorney General supported the hospital’s recommendation.
Counsel for Mr. Munro indicated that her client was seeking a Conditional Discharge Disposition but will not consent to the inclusion a Young condition requiring he consent to a return to hospital for assessment. Alternatively, Mr. Whillier advised that should the Board consider a Detention Order to be necessary and appropriate then his client requested that there not be a requirement for his housing to be supervised.
All parties maintained their respective initial positions in closing submissions.
Index Offences:
- The facts surrounding the index offences are extracted from last year’s ORB Reasons, as follows:
“According to the Supplementary Record of Arrest, Mr. Munro argued with his mother, then hit her with a television remote and punched her. His mother initially declined to have him charged, then lodged a complaint with the police. He was arrested when an inpatient at St. Joseph’s Health Centre. He was subsequently seen by Dr. Waisman and placed on a Form 1, as a result of his paranoid and disorganized presentation, and his treatment refusal (in June of 2004). He reported that he was on television, was adored by fans, and that a band on CITY TV was named after him. He wanted to be in hospital but did not want medication treatment.
With respect to the incident in question at the time of this evaluation, Mr. Munro had been off medication for three weeks, and was doing very badly. His mother had asked him to turn down the stereo volume, as neighbours in the building were grieving. In response to this, he increased the volume of the stereo. His mother tried to unplug the stereo. He struck her with the remote control. She called his probation officer, but Mr. Munro hung up the telephone. He turned the stereo volume louder, punched her to near unconsciousness, and then asked her what happened and wondered if she had been drinking [Mrs. Munro stated that she does not consume alcohol]. Mrs. Munro then fled, and Mr. Munro was restrained by neighbours, upset, and confused. The stereo volume had apparently been an issue for two weeks. Mrs. Munro typically kept her door unlocked so that she could exit an unsafe situation quickly.
In an interview with Dr. Waisman with respect to Mr. Munro’s offending behaviour, he suggested that his mother was perhaps using alcohol or was intoxicated somehow. He suggested that his mother, and neighbours, were using alcohol in the wake of someone having died, in the building. He believed that his mother was entertaining black men, and he heard the voice of a black man looking for him. He acknowledged that his mother did not normally consume alcohol. He stated that his mother screamed obscenities at him, and he defended himself from both a sense of humiliation, and a concern that something could happen that could lead to violence. He reported that his mother was aggressive toward him. He stated that he was hearing things all the time, hearing thoughts and “people can communicate in lots of different ways”. He described this as unrelated to the incident in question. He stated that he also experienced radiation coming from the television or people’s minds. He reported that his mother could be overbearing, and repeatedly sent him to hospital.
During his admission, Mr. Munro was quite bizarre at times. He was distracted and difficult to engage and mumbled to himself. He gestured and was mute at times. His mother reported that he called home from the unit, but was not making sense, asking her “who are you? What’s your name? How old are you?” He repeatedly accused family members of being impostors; he reportedly would not drive home with his brother Archie upon release from jail, even after, at his insistence, Archie had shown him his identification.
Mr. Munro’s mother reported only two incidents of violence toward her [the two for which Mr. Munro was charged], while his sister-in-law (wife of his brother Archie) stated that there were many violent incidents that had gone unreported. His mother was reportedly so fearful that she could not sleep while Mr. Munro was awake. In the year preceding this assault, his mother had expressed a good deal of concern for her safety. He apparently said that many bad things were going on in the world. He was quite suspicious of food; he changed his diet frequently and went to the police with a beef patty as evidence that his mother had poisoned him. He was agitated and was not sure whether what was happening on television was real. He unplugged all of the appliances in the home for fear of electrocution.”
Personal History:
The Hospital Report outlines in detail Mr. Munro’s personal background, legal and psychiatric history and need not be repeated here as it was entered as an Exhibit at the hearing. In brief, Mr. Munro is a 45-year-old man who was born in Toronto. He is unmarried and does not have any children. He is supported by the Ontario Disability Support Program (“ODSP”) and part-time employment.
Mr. Munro's mental health issues date back to 1995, when he was 16 years old; however, at age 13, he reported depression and suicidal ideation but there were no documented attempts at self-harm. The Hospital Report is replete with references to an historically difficult relationship with his parents involving much assaultive and threatening behaviour directed at them.
Prior to the index offence, he had numerous psychiatric contacts and follow-up at various facilities in the Province, all as set forth on pages 4- 8 of the Hospital Report. The Report indicates that he experimented with alcohol, marijuana and crack cocaine in the years leading up to the index offence.
Prior to his admission to CAMH, Mr. Munro was of no fixed address. He resided in shelters in Toronto and Guelph and supported himself by panhandling. Mr. Munro reported that the cults were harassing and following him. His parents reported an 18-month period of deterioration in terms of his hygiene and social function. He had been threatening with his parents.
The Hospital Report indicates that over the years, “Mr. Munro has voiced many and varied delusions, typically along paranoid and persecutory themes. These have included delusions that he is being poisoned, controlled, sexually assaulted, and that others around him are impostors. He has endorsed auditory hallucinations and significant negative symptomatology including issues with affect, volition, self-care, and social relationships.”
Prior to being found NCR, Mr. Munro had received many mental health interventions. He has been repeatedly hospitalized. He previously had an Assertive Community Treatment Team and he was repeatedly subject to a Community Treatment Order. None of these measures had any lasting or sustained positive impact on his mental state, or his functioning in the community prior to the index offence and his tenure under the ORB.
Mr. Munro was found NCR in 2006. He was admitted to CAMH on August 2, 2007. He was transferred to a minimum secure unit on February 10, 2010. Over time and with treatment with Clozapine, his psychosis improved.
He was discharged to the community under a Detention Order in May 2011.
After a period of stability, he received a Conditional Discharge in 2013. Unfortunately, he was readmitted for four days on July 12, 2013, after being charged for Criminal Harassment. He was again re-admitted from August 5 to November 15, 2013, due to an increase in his persecutory beliefs. On both occasions, there was destabilization secondary to non-compliance with medication.
In December 2013, the Board changed his Conditional Discharge to a Detention Concerns remained about his fluctuating insight and lack of awareness of early warning signs of mental destabilization. In the context of non-compliance with medication and significant paranoia, he was re-admitted to the hospital in June 2016. He remained in hospital until his discharge to CMHA-THRP2 housing on February 13, 2018. Following an assault on a co-tenant on February 9, 2021, he was readmitted to CAMH.
Mr. Munro resided in the hospital on a general forensic unit, FGUA, until his discharge from hospital on January 20, 2025, to supportive housing, at Madison House.
Current Diagnoses:
- Mr. Munro’s current diagnoses are:
Schizophrenia; and
Rule out substance use disorder, in remission in controlled environment.
Evidence at the Hearing:
Dr. M. Pearce who has been Mr. Munro’s attending psychiatrist since January 2025 testified at the hearing to supplement the documentary evidence. He endorsed the contents of the Hospital Report and advised there were no material updates.
Mr. Munro is assessed as incapable with respect to the capacity to consent to antipsychotic medications. His mother acts as his substitute decision maker (“SDM”). The mainstay of his treatment is a long-acting injection (“LAI”) of the antipsychotic medication, Zuclopenthixol, which he receives every 2 weeks and a nightly oral dose of the antipsychotic medication, Clozapine.
Mr. Munro does not exhibit symptoms of his illness and he denies auditory/visual hallucinations, paranoia and delusional thought content. There has been no evidence of violent or suicidal thoughts over the year in review.
Since his discharge to the community, Mr. Munro has been supported by the Forensic Outpatient Service (“FOS”) team. Initially, he was meeting with the FOS clinicians several times weekly but as he transitioned well, his reporting was reduced to twice weekly.
Mr. Munro was discharged to Madison House in January. This is a 24/7 staff supervised residence. Staff are present in the daytime to oversee Mr. Munro’s Clozapine medication administration and are available to conduct mental status assessments and check for any signs of relapse to substance use. There are also security staff present at the home in the evenings. The doctor stated that at the present time, these staff supports are critical to Mr. Munro’s safe management in the community.
Mr. Munro has remained compliant with his prescribed medications which have resulted in his illness being in remission. As well, he has been polite and cooperative with Dr. Pearce and the FOPS clinicians.
To his credit, all urine drug screens (“UDS”) have returned test negative for alcohol and substances of abuse.
Mr. Munro has continued to work at the LCBO, on a part-time basis for approximately 2 hours a week. He also typically visits his mother at her home weekly. When he attends at her home, he self-administers his Clozapine medication and this has allowed him to demonstrate some responsibility with regard to his medication compliance.
In terms of structured activities, Mr. Munro attended the Enhanced Illness Management and Recovery group,
The Hospital Report indicates that Mr. Munro was referred for psychological testing to rule out a diagnosis of Autism Spectrum Disorder (“ASD”) due to his difficulty with social interactions and non-verbal communication. The report concluded that his presentation is likely more consistent with marked negative symptoms of his Schizophrenia involving cognitive rigidity and lack of interpersonal affective responsiveness rather than a diagnosis of ASD.
Mr. Munro’s insight with respect to his diagnosis of a mental illness was somewhat improved as he knows his diagnoses and he recognizes his past symptoms. He does not believe that he requires the LAI but, Dr. Pearce testified that this medication has yielded significant benefits. Mr. Munro also appreciates that were he to stop his medications, he could become delusional again. He understands that he acted out violently against his mother at the time of the index offences; however, he continues to have limited insight into his own risk for future violence.
When asked if the Disposition should require “supervised” housing, Dr. Pearce testified that at the present time, oversight of staff at his residence is critical to Mr. Munro’s risk management. However, Dr. Pearce stated that at some point over the course of the upcoming year, it may be appropriate to transition Mr. Munro to more independent hospital-approved housing. Dr. Pearce stated that Mr. Munro’s new Disposition need not require supervised housing as long as the community living privilege requires that the “accommodation be approved by the person in charge of the hospital”.
When asked if Mr. Munro could be safely managed under a less restrictive Conditional Discharge Disposition, the doctor endorsed the Hospital Report wherein it states:
“If Mr. Munro was granted a conditional discharge at this juncture, all risk management items would be a concern. Without adequate housing and supervision, his medication adherence is likely to be affected, leading to a rapid decline in his mental state. In this scenario, he would have difficulties with personal supports, supervision response, stress coping, and with his living situation. In the event of an absolute discharge, all risk management items, including accessing services, would also be of concern.
At this time, Mr. Munro’s current disposition places him at a low-moderate risk for violent re-offence. Given that Mr. Munro has recently moved to the community, this is a time of increased risk. Therefore, it would be necessary to have a high complement of support and supervision during this time. Should he receive a conditional discharge, it would place him at a moderate-high risk for violent re-offending.”
Mr. Munro also testified at the hearing. He stated he is doing well in the community and he would benefit from a transfer to less supervised housing. He expressed concerns that his mother is aging and he would like to live closer to her to assist her. He feels he could self-administer his medications if he lived independently. He commented that he is motivated to do well.
Mr. Munro stated that he could look for his own accommodation in the City of Etobicoke and could access co-op or subsidized housing in proximity to his mother. He noted he has previously been successful in finding independent housing in the Etobicoke community.
Mr. Munro advised that he works one day a week at the LCBO for a 2-hour shift. The LCBO store that he works at is in downtown Toronto. He plans to ask for additional shift work in the near future.
In response to questions posed by the Crown, Mr. Munro stated that he is able to access the community daily and he sometimes visits the library and other areas of the city. He advised that he gets along with housing staff and he confirmed that there are three other co-tenants at Madison House and he gets along with them. His current home is located in Parkdale and his mother lives in Etobicoke and he is able to travel to his mother by TTC or she picks him up by car. He stated that he sees her between 3-4 times a month.
No further evidence was called by the parties.
Analysis and Conclusions:
Having heard and considered all of the evidence, the Board unanimously concludes that Mr. Munro poses a significant threat to the safety of the public. We agree with the joint recommendation of the parties and find that there is a foreseeable and substantial risk that Mr. Munro would commit a serious criminal offence, if discharged absolutely. We have relied upon the uncontroverted expert opinion of Dr. Pearce and we make this finding based upon all of the evidence at the hearing including: Mr. Munro’s diagnoses of Schizophrenia, his history of substance abuse, his history of violence, and his history of medication non-compliance. In coming to this conclusion, we are also mindful of the assaultive behaviour Mr. Munro has demonstrated when experiencing psychotic symptoms as evidenced by the index offence. We are also cognizant of his underdeveloped insight into his mental illnesses, need for medication, and his risk of violence.
As stated, Mr. Munro has a significant history of violence that includes repeated acts of aggression against his mother, who is the victim of the index offence. He has also been convicted of Assault Cause Bodily Harm in 2003, Assault with Weapon (against his mother) in 2004 and Assault in 2005. Substance abuse has led to criminal behaviours, and interfered with vocational endeavors, and impacted his mental health, and has been associated with aggression. His active psychosis has also led to aggression due to agitation, irritability and hostility. The index offences illustrate the dangerousness of Mr. Munro when he is unwell. Clearly his attack on his mother had the potential to have been lethal.
Having come to a finding of significant threat, the Board must consider the necessary and appropriate Disposition. This panel finds that in this patient’s case, the necessary and appropriate, as well as the least restrictive and least onerous, Disposition that is consistent with public safety and Mr. Munro’s needs, is a Detention Order.
Mr. Munro has only recently been discharged to the community a few months ago and these are early days in the transition process. It has yet to be determined whether he will be able to maintain his mental stability, cope with stressors, and remain adherent to his prescribed treatment while living in the community. At this juncture, the risk management tools afforded by the Detention Order, namely the hospital’s ability to oversee his placement in the community and its ability to rapidly readmit him to hospital should he suffer a decompensation, continue to be vital to his safe risk management in the community. We have carefully considered whether Mr. Munro could be managed under a less restrictive Conditional Discharge Disposition at the current time, and have determined that he cannot.
We concur with the observations of the treatment team included in the Hospital Report indicating, “Given three failed attempts to secure housing for Mr. Munro this year before he was finally accepted to Madison, it is imperative that the treatment team has the ability to rapid re-admit and stabilize Mr. Munro to avoid undue risk to public safety and potential loss of this housing. Should Mr. Munro’s discharge to Madison be unsuccessful, the hospital requires the ability to approve Mr. Munro’s housing in the community to ensure that any future placement is suitable.”
With regard to the level of supervision that Mr. Munro requires in his community placement, we accept the hospital’s evidence that he is appropriately placed in his current supervised housing. However, we are mindful of Dr. Pearce’s evidence that the treatment team may support transitioning Mr. Munro to accommodation that is not supervised over the course of the upcoming reporting year. To accommodate that possibility, we find it is necessary or appropriate, as well as least onerous and least restrictive, to simply provide that his accommodation in the community must be approved by the person in charge of the hospital. This will confer sufficient authority on the hospital to determine Mr. Munro’s appropriate placement in the community and ability to ensure that that placement provides him with the requisite degree of support, structure and monitoring to safely manage his risk.
For all of the Reasons articulated above, this panel finds that the necessary and appropriate Disposition is Mr. Munro’s existing Detention Order with the following amendments:
a reduction in the reporting requirement to not less than once every two weeks, or as required; and
revise paragraph 2(b) of his existing Disposition to state - “to live in the community of the GTA in accommodation approved by the person in charge of the hospital.”
- In reaching our decision, we have taken into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of Mr. Munro, his integration into society and his other needs.
DATED this 18th day of June, 2025, at the City of Toronto, in the Region of Toronto.
Ms. L. Banks
Alternate Chairperson
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Office of the Registrar
Ontario Review Board