Re: Stephen Blue
ORB File No: 7824
Hearing held on: Wednesday, May 14, 2025
Place of hearing: Royal Ottawa Mental Health Centre
Pursuant to: Sections 672.81(1) and 672.81(2.1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. R. Kunjukrishnan Dr. G. Boulais Ms. M.L. Bridger Ms. N. Lemieux-McKinnon
Parties Appearing: Accused: Stephen Blue Counsel: Ms. M. Munsterman The person in charge of hospital: Representative: Dr. J. Gojer Attorney General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DECISION AND DISPOSITION
(Dated June 16, 2025)
Introduction:
On December 18th, 2020, the accused, Stephen Blue, was found not criminally responsible by reason of mental disorder on charges of failure to comply with a condition of judicial release, failure to comply with probation order, failure to comply with appearance notice, operation of a motor vehicle while impaired, and utter a threat to cause death or bodily harm, all contrary to the Criminal Code.
Mr. Blue is currently subject to a Disposition of the Ontario Review Board dated May 17th, 2024, and an Order amending that Disposition dated August 16th, 2024, by which he was ordered to be detained at the secure forensic unit of the Royal Ottawa Mental Health Centre (ROMHC) with privileges up to living in the community in supervised accommodation approved by the person in charge.
By letter dated May 7th, 2025, the Ontario Review Board was notified by the ROMHC that Mr. Blue had been admitted to the Assessment Unit from the community thereby constituting a restriction of liberties.
On Wednesday, May 14th, 2025, the Ontario Review Board convened an in-person hearing at the ROMHC and conducted the annual review of Mr. Blue’s disposition pursuant to s. 672.81(1) of the Criminal Code as well as his restriction of liberties pursuant to s. 672.81(2.1) of the Criminal Code. The hearing for Mr. Blue was held in person. The hospital was represented by Dr. Julian Gojer, counsel for the Attorney General was Ms. Dufort and Mr. Blue’s counsel was Ms. Marni Munsterman. Also in attendance were Mr. Blue’s mother as well as Case Manager, Christina Stromberg.
The following documents were entered as Exhibits at the hearing:
Hospital Report dated April 28, 2025
Correspondence by the ROMHC to the Ontario Review Board dated May 7, 2025
Correspondence from the Ontario Review Board to the ROMHC acknowledging receipt.
Transcript of messages sent to Ms. Christina Stromberg, Case Manager on April 26, 2025
The issues for this hearing are whether Mr. Blue represents a significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances, as well as his restriction of liberties by admission to the Forensic Assessment Unit.
Preliminary Matters
Mr. Blue arrived with security staff for his annual review hearing. Mr. Blue has been displaying erratic behaviour and was unable to control his emotions and his rage. Mr. Blue sat at the end of the table closest to the door.
At the outset of the hearing Ms. Munsterman asked for an appointment as counsel which the Board so ordered.
Position of the Parties
Dr. Gojer, on behalf of the hospital, was asking for no change to the current disposition which was a detention order with community living in a 24-hour supervised residence was both necessary and appropriate.
Ms. Dufort, on behalf of the Attorney-General, supported the hospital’s position but would have questions for Dr. Gojer.
Ms. Munsterman, on behalf of Mr. Blue, stated that she was unable to get instructions from Mr. Blue as he was unwilling to speak to her.
Index Offence(s):
- The circumstances are summarized as follows in last year’s Reasons for Disposition:
“On the 3rd day of July 2019, in the Province of Ontario, at the City of Ottawa, The Honourable Justice D.A. Berg of the Ontario Court of Justice made an Adult Probation Order against the accused, Stephen Blue. This Probation Order was in force against the accused for a period of three years and included the following conditions: (1) Keep the peace and be of good behavior and (2) You are not to be in the presence of Alexander Blue with a blood alcohol level. The accused, Mr. Blue, and the victim, Melissa McDonald, shared custody of their seven-year-old son, Alexander Blue.
On the 13th day of December 2019, the accused was at his residence in Ottawa with his son. Alexander, and Alexander's friend, Ahlostin, who was dropped off for a sleepover by his mother Jenny Sutherland at the residence of the accused. At approximately 2213 hrs, the victim received a phone call from the accused who expressed his anger regarding an unknown school situation involving their son. The accused was acting irrationally and yelled at the victim over the phone.
The victim's current fiancé, Mike Beveridge, took the phone from the victim and yelled back at the accused. The victim was concerned that the accused had been drinking alcohol in the presence of their son, so she called the Ottawa Police Service to attend the residence of the accused for a wellness check of their son. The police attended the residence of the accused and confirmed that their son was safe.
On the 14th day of December 2019, the victim received multiple text messages from the accused. The victim received a phone call from the accused at 0009 hrs. The accused was heard by the victim breathing heavily into the phone. The accused made a similar phone call to the victim at 0010 hrs. The accused made another phone call to the victim at 0011 hrs and stated "Does this scare you? It should." A final phone call from the accused at 0047 hrs went unanswered by the victim. (charge #2: Harassment by Threatening Conduct).
At 0901 hrs, the victim sent a message to Jenny Sutherland, asking her when she was picking up her son and to call her afterwards. Ms. Sutherland immediately drove to the residence of the accused and picked up her son. Ms. Sutherland observed the accused and believed him to be intoxicated by alcohol. The accused was stumbling and slurring his speech. A strong odour of alcohol was coming from him. Ms. Sutherland called the victim and they agreed that she would attempt to retrieve the victim's son from the accused for safety reasons. She was able to convince the accused to let the two children continue their play date together at her residence. At 1708 hrs, the victim texted the accused and informed him that their son was with her and she was concerned he was drinking alcohol while in the presence of their son. (charge #1: Breach Probation) The accused texted the victim back and stated that he was on his way to her residence to retrieve their son from her.
At approximately 1800 hrs, the accused arrived at the victim's residence and tried to enter through the locked front door but was unsuccessful. The victim called 9-1-1 and, while she was on the line with Ottawa Police, she began receiving more threatening text messages from the accused. The victim, her son Alexander, her fiancé, and two construction workers were inside the residence while waiting for police to arrive. Mr. Beveridge heard the accused yelling and saw him slamming a five-gallon metal lacquer can into the front door glass panel while trying to break through the door. The two construction workers, Joey Roberts and Dwain Miller also witnessed that event. The construction workers also heard the accused state that if he didn't get his son back, he would break through the door and kill Mr. Beveridge (charge #4, 6: Utter Death Threats, Breach Probation).
After about 12-15 minutes of smashing the front door with the metal can, the accused heard police sirens, left the front door area and got into his pickup truck. The front door was still secure, however it received extensive damage and required complete replacement. The front door was a high-quality security door valued at approximately $7,000. (charge #3: Mischief Over $5,000)
At approximately 1807 hrs Cst Stewart of the Ottawa Police arrived in the area and observed the accused, operating his yellow Dodge Pickup Truck as he was attempting to leave the area. The accused and his vehicle are well known to this officer due to previous encounters. The officer pulled his vehicle in front of the accused to block his travel. The accused reacted extremely slowly which caused the officer to notify dispatch that he feared a collision was imminent. Ultimately the accused stopped his vehicle approximately two feet away from the marked police cruiser. Two officers noted an odour of an alcoholic beverage on the accused's breath. One of the officers enquired about alcohol consumption and the accused admitted to having consumed some wine. As a result, Cst. Price used an alcotest to assess Mr. Blue’s levels of alcohol in his blood. The result was "FAIL". As a result, the officer formed reasonable grounds to arrest the accused for operation of a conveyance with a blood alcohol concentration over 80mg of alcohol in 100ml of blood.
The arresting officer placed the accused in temporary holding while he conveyed his grounds for arrest to a Qualified Breath Technician at 1952 hrs. The accused provided two samples of breath directly into an approved instrument. The results were 124mg and 128mg of alcohol in 100ml of blood.”
December 15, 2019 – Fail to comply condition of judicial release
On the evening of December 15, 2019, the accused sent text messages to Ms. McDonald’s phone. In one of the messages, the accused stated that he would love to "chat" with her. He added that he wished the incidents of December 14, 2019 had not happened and that everyone either hated him or was scared of him.
The accused stated that he was a “100% God” and that he came with a lot of power. He added, "God does not go to Jail." The accused also called Ms. McDonald's phone repeatedly and contacted Ms. Sutherland at the same time. The accused sent text messages to Ms. Sutherland telling her that “she was talking to God” and asking her where his son was. He added that he was not happy about the fact that she had taken her son away.
The accused called Ms. Sutherland’s phone on December 16, 2019 and sent Face Time requests on that same day. Ms. Sutherland contacted the Ottawa Police and later provided police with a handwritten statement. She also provided screen shots of the text messages and missed calls from the accused.
The accused is in breach of the condition to not communicate in any way either directly or indirectly, by any physical, electronic, or other means with the following: Melissa McDonald, Alexander Blue, Jenny Sutherland, or Mike Beveridge (Fail to Comply with Judicial Release-Count # 1).
Cst. Cunningham and Cst Tessier attended the accused's residence and the accused was subsequently arrested for failing to comply with judicial release. The accused was calm and compliant. Offices detected a strong odour of alcohol emanating from the accused's breath. The accused passed out twice, in the officer's presence.
The officers requested an ambulance, and the accused was transported to hospital.
The accused had been diagnosed with Huntington's disease. His father was also diagnosed with the disease and the accused had to watch his father decline. He said that when he became aware of the fact that he carried the gene he attempted suicide. His father had previously committed suicide. The accused had a history of mental health issues which was accompanied by an alcohol addiction.
April 30, 2020 – Fail to comply with release order
On Thursday 30 April 2020, complainant Melissa McDonald called police to report that her ex-husband was violating his recognizance.
As a result, to partner-related criminal offence in December 2019, the accused was released on bail. Several release conditions were included.
On this date, the accused called the complainant twice on her cell phone. He left two messages, requesting to see the couple's son. The accused was not supposed to contact the complainant directly or indirectly as it is a violation of his conditions. The accused was issued an appearance notice to attend court.
June 8, 2020 – Fail to comply with release order
On Monday, June 8, 2020, complainant Melissa McDonald called police to report that her ex-husband was violating his recognizance. As a result of a partner related criminal offence in December 2019, case #19-331453, the accused was released on a recognizance with several release conditions. One of these conditions was to not contact or communicate with Melissa McDonald.
The accused entered this recognizance on December 15, 2019. On June 8, 2020, the accused called the complainant on her cell phone. The call was not answered by the victim, but the accused left a voice mail message. The accused requested to speak to their son, Alexander BLUE, and requested to speak with the complainant and have her call him back.
June 30, 2020 – Fail to attend/appear
On or about the 30th day of June in the year 2020 at the City of Ottawa in the East/De L'Est Region did, having been named in an appearance notice that was confirmed by a Justice under Section 508, fail, without lawful excuse, to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, contrary to Section 145, subsection (3) of the Criminal Code of Canada.”
Background History:
Mr. Blue is presently 47 years of age. He was born in Ottawa and raised in a stable home. He graduated with a four-year undergraduate degree in law and political science at age 22. He held employment thereafter in various areas including as an insurance agent and owned his own insurance business. He worked in that field until being diagnosed with Huntington’s Disease at approximately age 36. Mr. Blue was in a relationship with Ms. McDonald, the mother of their 8-year old son for ten years. Ms. McDonald has reported that their relationship up to the time of his diagnosis was positive. Mr. Blue was diagnosed with Huntington’s Disease in 2012. He had previously been diagnosed with Hodgkin’s Lymphoma in 2007 which was successfully treated with chemotherapy and he has been in full remission. His medical history is significant for a fatty liver likely due to alcohol use disorder. Mr. Blue’s father was the genetic source of his Huntington’s Disease. His father committed suicide at age 40 due to his diagnosis.
Mr. Blue attempted suicide when he learned that he had the Huntington gene. He and his wife divorced in 2013. He was diagnosed with depression shortly after receiving the diagnosis of Huntington’s Disease and was briefly treated with an antidepressant. After discontinuing the medication Cipralex, he suffered another depressive episode in 2014 and attempted suicide by ingesting windshield washer fluid and cocaine. He was admitted to the Ottawa General Hospital for approximately one week in February 2014. His diagnosis at that time included cocaine-induced mood disorder and personality changes secondary to Huntington’s Disease.
Mr. Blue was diagnosed with Bipolar Disorder. He had struggled with depressive and manic episodes over the past several years resulting in several hospitalizations and medication changes. Mr. Blue was admitted to the Royal Ottawa Hospital’s Crisis Unit from January 6th to January 21, 2020 presenting with an acute manic episode associated with irregular medication compliance and alcohol use. His condition gradually improved in hospital and he was put on a long-acting injectable antipsychotic medication. He continued on his previously prescribed mood stabilizer. He was again admitted to the Royal’s Crisis Unit from June 15, 2020 due to the inability to care for himself and poor functioning in the medication as well as medication review and stabilization. He underwent a Montreal Cognitive Testing (MoCA) which revealed that his lowering of his score from February 2020 with respect to cognition. The recommendations at discharge included substance use treatment to address his alcohol use. His medication Invega Sustenna was discontinued due to side effects of akathisia (restlessness) and replaced with another long-acting antipsychotic medication.
Mr. Blue indicated he was at that time consuming approximately five beers daily. The hospital report refers to prior hospital admissions. Mr. Blue was admitted in October of 2014 after his father’s death. He was again admitted in November 2019 on a Form 1 after threatening to kill his mother. In December 2019 he fainted due to dehydration and alcohol use. Mr. Blue had been diagnosed with Major Depressive Disorder in 2013. His drug and alcohol use included cocaine use which began in his early 20s and which was reportedly on a daily basis at the time of his 2014 admission.
Criminal History
According to the report from Dr. Floyd Wood dated July 26, 2020 regarding fitness to stand trial, it states that in November 2014 Mr. Stephen Blue was admitted to the Forensic Assessment Unit at the Royal Ottawa Mental Health Centre for a 30 day assessment for criminal responsibility in relation to a charge of “assault, three counts of criminal harassment by repeated communication and uttering death threat. He was found to be criminally responsible following the assessment with the charges ultimately being discharged”.
According to the Crown Brief, in December 2018, Mr. Stephen Blue was charged with assaulting Mr. Alexander Blue, six years old at the time. He was subsequently placed on a Probation Order with conditions not to have alcohol blood concentration in the presence of Mr. Alexander Blue. According to Mr. Stephen Blue’s CPIC record, his previous criminal record includes charges of assault and fail to share the road when overtaking in December 2016 for which he received a Conditional Discharge and three years probation.
Psychiatric History
Mr. Blue was admitted to hospital between November 12th, 2014 to December 24, 2014 for a 30-day inpatient assessment of criminal responsibility at the Royal Ottawa Mental Health Centre. He was diagnosed at that time with Huntington’s Disease, Hypomania, Cocaine Use Disorder, Alcohol Use Disorder and Antisocial Personality Traits. He was determined to be criminally responsible for his offence.
The full details of Mr. Blue’s hospital admissions are set out in the hospital report. I note briefly that when he was admitted in October 2020 it is reported that Mr. Blue displayed bizarre behaviours and appeared disorganized. He indicated he had not been taking his medication for four days. He reported drinking three to four bottles of beer daily and indicated he had been smoking marijuana since high school.
Mr. Blue’s current diagnoses are:
Huntington’s Disease, primarily behavioural variant
Bipolar Mood Disorder secondary to medical condition
Alcohol Use Disorder, Severe, In a Controlled Environment
Evidence of Dr. Julian Gojer:
The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. Julian Gojer. This evidence is summarized below.
Dr. Gojer stated that things are not going well for Mr. Blue at this time. On the 30th of April Mr. Blue was admitted into the Forensic Assessment Unit (FAU). Staff at the Lord Lansdowne where Mr. Blue resided, advised the hospital that he had been banging on the plexiglass. Mr. Blue had also left threatening messages on the Case Manager, Ms. Stromberg’s voicemail. The staff also informed the hospital team that there was an indentation in the wall of his residence. The residence was going to evict Mr. Blue at that point. Mr. Blue’s mother intervened during the hearing to advise the Board that in fact he was not evicted but she moved him out before such eviction would have happened. She was afraid that if there was an eviction any future placement in any home would be difficult to find. Any future care for Mr. Blue might be a long term care facility.
Dr. Gojer stated that it was unlikely Mr. Blue would be discharged from the ORB as his neurological illness continues to deteriorate. He left negative messages for his wife. Dr. Gojer stated he cannot be managed safely in the community.
In response to questions from counsel for the Attorney-General, Ms. Dufort, Dr. Gojer stated that Ms. Stromberg is no longer going to be case manager for Mr. Blue due to the threats against her by Mr. Blue. Dr. Gojer also was threatened by Mr. Blue but he says he will remain as his psychiatrist as he is not afraid of Mr. Blue. He usually finds Mr. Blue to be quite pleasant. He indicated that wherever Mr. Blue goes after the FAU, he is going to need 24-hour supervised accommodation.
Ms. Dufort asked about his progress on the FAU and Dr. Gojer stated he was not ready to participate on the unit. Mr. Blue’s diagnoses are Bipolar Disorder as well as Huntington’s Disease, but Dr. Gojer feels that most of these symptoms are due to Huntington’s Disease.
Ms. McDonald, Mr. Blue's ex-wife, has concerns that he has been leaving threatening messages on her business website. He has also threatened his mother but she is not going to stop communicating with her son.
In response to questions from counsel for Mr. Blue, Ms. Munsterman, Dr. Gojer was asked about the Form 1. Ms. Munsterman stated that the Form 1 brought him to the Ottawa Hospital and then once determined voluntary at the Ottawa Hospital, a Form 49 was completed to bring him to the Royal Ottawa. He continued to refer to him as being evicted from his retirement residence. He is not capable of consenting to treatment. His mother is the substitute decision-maker (SDM). She does not want to be the power of attorney but she is willing to stay in the SDM role. He is not compliant with his medication when he is out in the community.
The police had to be called to the Lord Lansdowne a couple of times. One time he was tasered. Although generally he was getting along well in the retirement home with staff, it was problematic if there were police cruisers coming. This was frightening and upsetting to other residents. The Doctor said we can send staff to give him injections but the decline is due to Huntington’s Disease and there is no medication to slow its progress.
Dr. Gojer is recommending a detention order. He does not want him waitlisted and getting a residence with 24-hour supervision is going to be difficult. Mr. Blue resumed drinking while he was out in the community.
Evidence of Mr. Blue
- During Dr. Gojer’s evidence, Mr. Blue was being disruptive, and the Alternate Chair invited Mr. Blue to give his evidence although he had not discussed it with his lawyer. Mr. Blue said he was drinking a couple of beers but this was after being abstinent for almost two years. He complained that his ex-wife does not appreciate him. He has no access to his son who is now 13 years old but he complains bitterly that his ex takes $2,000 a month in child support but does not give him access to his son.
Continued Evidence of Dr. Gojer
With respect to the restriction of liberty, Dr. Gojer stated he had to bring him back into hospital because of a higher risk recently.. And since his admission, he continues to make threats to the staff.
In response to questions from the panel, Dr. Gojer was asked why he is not being seen by a neurologist. He replied that the hospital does not have a neurologist on staff but he does have access to a neurologist with whom he can consult. Mr. Blue has expressed he does not wish to see a neurologist but the Doctor can consult and maybe get Mr. Blue on Tetrabenazine for his anxiety which might help with his shaking and his involuntary movements which were witnessed by the panel during the hearing.
When the Board was asking questions the accused got upset and decided to leave the hearing. There did not seem to be anything controversial said that made Mr. Blue leave.
In response to questions from the psychiatrist member of the Board, Dr. Gojer was asked why he brought him into the hearing. Dr. Gojer stated he was settled before the hearing but became more agitated during the hearing.
In response to further questions by the panel, Dr. Gojer advised that the mother will be the SDM for personal care and medication. He also stated that at some point in the future he may eventually need to be in a maximum secure facility but not yet as he can still be managed by the hospital team here at the Royal. Huntington’s Disease is his primary illness and cause of his behaviour. The Bipolar illness is secondary to the Huntington’s disease.
In response to questions by a member of the panel, Dr. Gojer was asked if the accused would end up on a locked ward. The Doctor talked about his short term memory and dementia. The psychologist member also asked if there were discussions with Mr. Blue about end of life care and the Doctor said, yes, with the mother to some degree. Ms. Blue was nodding in the affirmative when this question was asked.
The legal member stated that she had been on last year’s annual review hearing. Mr. Blue had recognized her as being on the panel before. She indicated that at the last hearing there was a great deal of hope and Mr. Blue was eagerly waiting for a placement at the Lord Lansdowne. Mr. Blue had been hopeful that Dr. Gojer might be able to intercede with the ex-wife to get access for Mr. Blue to have supervised visits with his son. Unfortunately, as Dr Gojer acknowledged, this did not come to fruition and Mr. Blue is in fact in worse shape than last year. There had been some indication that if he continued as he was last year, he might be considered for a conditional discharge this year, but that was not to be.
Submissions of the Parties
After the questions were asked and answered, Dr. Gojer indicated he had nothing to add.
Ms. Dufort indicated she was ad idem with the position of the hospital.
Ms. Munsterman indicated that she felt the restriction of liberty was necessary and appropriate and continues to be necessary and appropriate at the present time. Ms. Munsterman conceded significant risk and that the least onerous condition is one of a detention order with accommodation approved by the hospital and reporting of not less than once a month.
Restriction of Liberty
- In deliberations the Board determined that the restriction of Mr. Blue’s liberty was necessary and appropriate at the time of admission, given his threats, use of alcohol and continued deterioration, and the restriction continues to be appropriate at this time the least onerous and least restrictive and is likely to continue for some time. The Doctor was unable to say when it might end.
Conclusion and Disposition
Having considered all of the evidence tendered at the hearing and the submissions of the parties, the Board does find that Mr. Blue continues to pose a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada, and as further defined in the Winko decision. The Board is of the unanimous view that the least onerous and least restrictive disposition is the continuation of the current detention order with community living in a 24 hour, 7 days per week supervised accommodation, approved by the person in charge, and a reporting requirement of not less than once per month.
We have taken into consideration the factors at section 672.54 of the Criminal Code of Canada, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs.
DATED this 16th day of June 2025, at the City of Toronto, in the Toronto Region.
Ms. L.M. Bridger Legal Member
Office of the Registrar Ontario Review Board