Re: Elliott R. Bowen, 2025 CanLII 59106

Ontario Review Board

Re: Elliott R. Bowen

ORB File No: 8698

Hearing held on: Monday, June 9, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Section 672.47(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. T. Verny Dr. S. Wiseman Ms. K. Tomaszewski Ms. C. Plyley

Parties Appearing:

Accused: Elliott R. Bowen Counsel: Ms. J. Grbevski

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Mr. D. Rows

REASONS FOR DISPOSITION

(Dated June 20, 2025)

Introduction

1Elliott R. Bowen, age 33, was found not criminally responsible on account of mental disorder on October 23, 2024, on charges of dangerous operation of a motor vehicle causing bodily harm, failure to stop after an accident, assault with attempt to resist arrest, and mischief under $5000, contrary to the Criminal Code. The Court made a Disposition on June 21, 2025, that Mr. Bowen be conditionally discharged.

2On June 9, 2025, Mr. Bowen appeared before the Ontario Review Board (the “Board”) at the Southwest Centre for Forensic Mental Health Care (the “hospital”) for his initial hearing. All parties recommended a Conditional Discharge on the terms set out in the Hospital Report. By the end of the hearing, the Board came to the same conclusion finding that significant threat to the safety of the public was apparent and that a Conditional Discharge on the suggested terms was the appropriate Disposition. Exhibit 1 was a Hospital Report dated May 15, 2025. Exhibit 2 was the criminal court file, including an earlier assessment by Dr. Komer, a transcript, an Agreed Statement of Facts and a Victim Impact Statement from the badly injured victim, and like material.

Index Offence

3Police came across a motor vehicle collision in the Town of Tecumseh. An unoccupied black Audi S5 with extreme front-end damage was up against a tree. A heavily damaged motorcycle with a rider lying on his back was found in a ditch. The accused had been driving erratically at a high rate of speed. Following the accident, Mr. Bowen took his shirt and pants off and stood on top of his car. He ran off without checking on the injured person. When found near the scene, he resisted arrest, struck a police officer in the face breaking his glasses, and had to be tasered. The victim suffered extremely serious injuries that have impacted the quality of life for both he and his wife.

Diagnoses

[4] Schizophrenia, paranoid type Polysubstance Use Disorder, in sustained remission (cannabis, alcohol, and hallucinogen) Autism Spectrum Disorder, Level 1 by history Attention Deficit Hyperactivity Disorder, by history Learning Disorder with impairment in mathematics by history

Background

5Mr. Bowen saw doctors when he was as young as three to five, being diagnosed with ADHD. Mr. Bowen’s parents separated when he was 4 and ultimately divorced. Mr. Bowen received counseling as a youngster. He had suicidal thoughts. The circumstances surrounding a previous criminal assault in his record in 2019 included taking magic mushrooms. That assault was on a paramedic. COVID-19 was a negative experience for him. Counseling was required. At 20 or 21, Mr. Bowen began drinking and abusing alcohol. He received some treatment for that. He started using cannabis at 24 when working with the Coast Guard. He experienced voices. He used ecstasy several times.

6There is a history of mental illness in the family. In high school there were some violent incidents. Mr. Bowen completed grade 12 and some college education. By 2020, Mr. Bowen worked at a funeral home washing cars, doing ground maintenance and occasionally participating in visitations. For the five years preceding June of 2022, he worked with the Coast Guard cleaning cabins and serving meals to officers. He lost that job due to behaviour and inappropriate comments. After that, he had a variety of part-time jobs.

7Mr. Bowen is single with no strong attachments. He gets along well with his father, mother and a sister.

8Mr. Bowen has seen and been diagnosed by several different physicians with varied diagnoses. Mr. Bowen presented to Dr. Mokhber with a history of severe psychotic symptoms, including delusions.

9The Hospital Report indicated that on a Conditional Discharge his risk would be low. If he fell away from treatment and began to use substances he would revert to believing that he is God or Satan and serious harm would result.

Evidence at Hearing

10Dr. N. Mokhber, the assigned psychiatrist, testified. Dr. Mokhber indicated that more work had to be done regarding the diagnoses. The accused had a history of depression. There was a question regarding whether the index offence involved elevated mood. The forensic team will be looking whether the diagnosis is schizophrenia or bipolar disorder. There have been no substances consumed since December 29, 2023. There are questions about reported autism spectrum disorder and ADHD. Mr. Bowen is not on medication for ADHD.

11Mr. Bowen has been living with his father for two years. Recently, Mr. Bowen has been cooperative regarding medication. There is a family doctor and a community psychiatrist working with Mr. Bowen.

12There has been no criminal behaviour since the index offence.

13Once the diagnosis is settled, an appropriate medication regimen will be established.

14If on a Conditional Discharge Mr. Bowen may not continue with medication. More psychoeducation is necessary.

15The hospital will be in communication with the community psychiatrist.

16Mr. Bowen is prepared to consent to treatment.

17A full assessment is required by Southwest.

18Mr. Bowen has limited insight. While he has abstained recently, there is a history of substance abuse and non-adherence to medication which is concerning. Mr. Bowen’s current motivation is external.

19The Mental Health Act would be sufficient to bring back Mr. Bowen into hospital to treat and stabilize him.

20Mr. Bowen is on Abilify Maintena by injection every four weeks.

Analysis

21Mr. Bowen is in early days of rehabilitation. When unwell, he is capable of violence. The index offence caused lifelong injury and trauma to the victim. The diagnosis must be explored. Until the diagnosis is settled on, medication cannot be optimized. There are a series of historical issues, including autism spectrum disorder and ADHD, that need to be examined. Mr. Bowen does have good family support and is living with his father. He is under the care of both a family doctor and a community psychiatrist.

22The hospital will be co-ordinating care with the community psychiatrist, Dr. Parker. Significant threat to the safety of the public is made out. The Criminal Court imposed a Conditional Discharge Disposition. The hospital is recommending one as well. The Board is prepared to accept that disposition. We wish Mr. Bowen well as he embarks on treatment under the hospital’s auspices.