Re: Kashane Daley
ORB File No: 7780
Hearing held on: Monday, June 2, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks Members: Dr. P. Prendergast Dr. M. Kalia Ms. C. Murray Mr. S. Duffy
Parties Appearing:
Accused: Kashane Daley Counsel: Ms. J. Boissonneault
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated June 18, 2025)
Introduction
On October 5, 2020, Mr. Kashane Daley was found not criminally responsible on account of mental disorder (“NCR”) on charges of failing to comply with probation and aggravated assault, all contrary to the Criminal Code of Canada (the “Criminal Code”).
On June 2, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Daley’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Daley was subject to a Disposition of the Board dated June 5, 2024, which discharges him on certain terms and conditions, including a provision that he resides in supportive housing associated with Durham Mental Health Services and that he takes medication as prescribed pursuant to s. 672.55(1) of the Criminal Code.
Mr. Daley was present for his hearing. He was represented by Ms. Jocelyne Boissonneault throughout the proceedings.
A Hospital Report dated May 15, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Daley continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Daley continues to represent a significant threat to the safety of the public. The Board orders that the necessary and appropriate Disposition in the circumstances is the continuation of the existing Conditional Discharge with changes to terms to include reporting under clause 1(a) not less than every four weeks, the removal of the residence clause 1(b), and removal of consent to treatment clause 1(c).
Current Psychiatric Diagnoses
- Schizophrenia; Cannabis Use Disorder, in sustained remission; Antisocial Personality Disorder; and Other (or unknown) Substance Use Disorder (severe)
Positions of the Parties
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital took the position that Mr. Daley continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a Conditional Discharge with a change of the reporting period under clause 1(a) to not less than every four weeks, the removal of clause 1(b) from the current Disposition Order, and the removal of the consent to treatment clause 1(c) from the current Disposition Order. The hospital further requested that Mr. Daley’s next hearing be scheduled for ten months from the date of this hearing.
Counsel for the Attorney General, Ms. MacDonald, supported the recommendation of the hospital. As the hearing progressed, Ms. MacDonald undertook to provide a full CPIC for future ORB hearings.
Ms. Boissonneault also supported the recommendations of the hospital on Mr. Daley’s behalf. She advised that in 2015 Mr. Daley was subject to a deportation order. The deportation order was stayed until June 25, 2026. Mr. Daley’s immigration lawyer has told Ms. Boissonneault that it would be in Mr. Daley’s best interest to ensure the ORB hearing in 2026 is prior to the next immigration hearing on June 25, 2026. Ms. Boissonneault advised that Mr. Daley’s treatment team has been kept informed of Mr. Daley’s immigration issues and they also agree that the next ORB hearing should proceed in ten months.
Index Offence
- The Hospital Report sets out the details of the index offences, which are briefly summarized herein as follows:
On June 28, 2018, Mr. Daley received probation with a condition that he “Shall not commit any offence punishable by imprisonment.”
On July 31, 2018, Mr. Daley received probation on conditions that he “Keep the peace and be of good behaviour” and “Not to possess any weapons as defined by the Criminal Code.”
On August 31, 2018, the 16-year-old victim was seated in a Tim Hortons in Toronto with his back to the door. Mr. Daley was a passenger in his mother’s vehicle. He exited her vehicle in the drive through, went into the restaurant, and pulled a knife on the victim. Mr. Daley put the victim in a headlock and stabbed him multiple times in the neck, left chest, and right arm. Mr. Daley took the victim’s iPad and returned to his mother’s vehicle.
The victim underwent surgery to repair lacerations to his liver and diaphragm. He remained in hospital for eight days.
Background and History
The Hospital Report contains extensive information regarding Mr. Daley’s background and history, the entirety of which need not be repeated here in detail.
However, in summary, we note that Mr. Daley is a single male born in Jamaica on November 21, 1994. He immigrated to Canada with his family at the age of 9 or 10. Mr. Daley was diagnosed with a learning disorder at the age of thirteen. He graduated high school while in custody at the age of 19. He enrolled in a culinary program in college at age 21 but left the program after he inappropriately touched someone on the buttocks. He reported that voices told him to do so at the time.
Mr. Daley endorsed first robbing somebody at the age of 15. He reported that he had engaged in cruelty to animals.
Mr. Daley has briefly held six to seven different jobs including assembling car parts, construction, dishwasher in a restaurant, and working for a moving company. His employment difficulties were related to his struggles with mental health. He reported to his Forensic Assessment Unit (FAU) worker that he quit jobs because he was hearing voices.
Mr. Daley began using marijuana at age 10 and would skip school to smoke it. He reported his last use of cannabis was August 2018. He endorsed that marijuana use increased his paranoia but was unable to elaborate further. He also reported using cocaine for one year starting at the age of 15.
His first contact with psychiatric services was in 2016 when he was seen at Ontario Shores for depression, anxiety, and possible psychosis. He went on to have numerous psychiatric admissions to hospital. On August 28, 2018, three days prior to the index offences, Mr. Daley was brought to hospital by police under the Mental Health Act, assessed and released.
Mr. Daley has an extensive criminal record commencing in 2013 including robbery x2, theft under $5000 x3, uttering threats x2, assault with a weapon x4, fail to comply with a recognizance x4, fail to comply with a Disposition x4, break and enter with intent x2, break enter and commit x2, possession of a weapon, possession of property operation by crime under $5000, fail to comply with a probation order x3, possession schedule 1 narcotic, assault, possess prohibited weapon.
Mr. Daley is considered capable to consent to psychiatric treatment.
Course Since Last Disposition
The Hospital Report outlines Mr. Daley’s course since the last Disposition.
In March 2025, Mr. Daley transitioned from Sims House, a group home providing medium levels of supports to its residents, to Barlow, which is a group home where minimal supports are provided. Barlow is operated by Durham Mental Health Services (DMHS) in Whitby. Barlow provides brief daily check-ins and assistance with transportation to the grocery store. An off-site housing support worker is available 8am-4pm daily, Monday to Friday. There is no staff available on weekends, evenings or overnight except on an emergency basis. There were no concerns or complaints regarding Mr. Daley’s compliance with house rules nor were there curfew violations reported by either of the primary workers at Sims House or Barlow.
Mr. Daley met with his psychiatrist, Dr. Bhullar, every four to six weeks. Visits with his Forensic Outpatient Services (FOS) clinician was reduced from once weekly to bi-weekly to accommodate his employment and college schedules.
Mr. Daley continued his employment at the Mongolian Grill Restaurant during the reporting year. His work schedule was decreased from four days per week to three days per week to accommodate his schooling. He has maintained perfect attendance at work. He started attending Durham College’s certified plumbing course in January 2025. He attends his college classes two days per week and has a lab once per week.
Mr. Daley visits his family frequently at his mother’s home and has strong family supports. He stays overnight at his mother’s home on Sunday nights.
Mr. Daley remained symptom-free over the past reporting year. He has attributed this to his medications and remaining abstinent from substances. All urine samples this year were negative for substances and alcohol. He was transparent and willing to discuss his mental illness symptoms, exacerbated by substance use, and how that led to the index offences. He acknowledged that medication non-compliance would lead to relapse and would negatively affect his relationship with his family. He was also able to identify triggers and warning signs that could lead to relapse or mental health decompensation.
Mr. Daley actively and cooperatively attended the sexual health group from May to June 2024. He attended 20 sessions of individual therapy between June 2024 and February 2025. He also completed cognitive testing to better inform his psychological treatment and to identify cognitive domains that may require support while he is in school. A report summarizing these results is now underway.
Mr. Daley is supported by his employment at the Mongolian Grill Restaurant and receives a ‘top-up’ from Ontario Disability Support Plan, when necessary, in addition to having coverage for his medications.
Mr. Daley has expressed recent interest in living with his sister, given the lengthy wait list for independent subsidized housing. He is willing to work with the treatment team on a gradual transition from the group home to independent living, depending on the team’s assessment of his readiness for independent living.
Evidence at the Hearing
Evidence at the hearing included the Hospital Report and oral evidence of Dr. Darmant Bhullar, Mr. Daley’s psychiatrist and author of the Hospital Report.
Dr. Bhullar has been Mr. Daley’s outpatient psychiatrist since 2022.
Dr. Bhullar testified that Mr. Daley has treatment resistant schizophrenia that is managed well on clozapine. He displays no positive symptoms of his illness. The treatment team has not observed any antisocial behaviour in the past year.
His insight is good. Dr. Bhullar stressed that Mr. Daley appreciates he has a major mental illness, understands the warning signs, and can identify the symptoms he would have when unwell. Mr. Daley appreciates that he is more likely to act violently in a decompensated state. He is able to identify that clozapine has allowed him to function well and work toward his goals.
In response to questions, Dr. Bhullar testified that Mr. Daley has been transparent and open regarding his sexual violence risk. He has had conversations with her, the treatment team, and Dr. Epp about his relationship status and situations he encounters and feelings and emotions. He has engaged in sessions with Dr. Epps involving consent, respecting boundaries, and red flags. He is working toward learning what he would want in a healthy relationship.
Dr. Bhullar testified that Mr. Daley remains a significant threat. A lot of stresses can arise from his recent transition to a low support home after many years of supervised settings and being in hospital. He doesn’t have community psychiatric care arranged which could lead to a decompensated state if granted an Absolute Discharge. The team is looking to transition Mr. Daley to the civil psychiatric system in the coming year, possibly the hospital’s outpatient psychosis clinic. The team is assisting him to manage stressors and helping him move toward independent living.
Dr. Bhullar anticipates that, should Mr. Daley remain on his positive trajectory, the treatment team will plan for his Absolute Discharge next year.
Dr. Bhullar recommends the removal of the residence clause. There is a potential plan for him to move in with his sister. The main reason that she recommends removal of the residence clause is because she and the treatment team are confident that Mr. Daley would not move to inappropriate accommodations and would consult with the treatment team if he wished to move.
Dr. Bhullar recommends removal of the consent to treatment clause. She testified that Mr. Daley has been independently administering his own medication since 2023. His clozapine levels have remained stable. Dr. Bhullar has no concerns about Mr. Daley remaining medication compliant. She believes that he is committed to life-long use of his medication. Dr. Bhullar stated it will be important to allow Mr. Daley to demonstrate his compliance with medication in the absence of a clause mandating that he do so.
Dr. Bhullar recommends a revision of the reporting clause to require reporting not less than every four weeks. She said that, as Mr. Daley moves toward an Absolute Discharge, a reduction in the reporting frequency allows the treatment team to see how he copes with less supervision and to schedule meaningful meetings since he is so busy with his work and school. It is difficult for Mr. Daley to attend for brief check-ins when he reports every two weeks.
Dr. Bhullar testified the Mr. Daley’s risk is manageable with the recommended revised conditions.
In response to questions of Mr. Daley’s lawyer, Dr. Bhullar testified that there has been no evidence of Mr. Daley using substances in several years. He has good insight into how substances could affect him. Mr. Daley has a very supportive family, which is an important protective factor for him. He has not exhibited sexually inappropriate behaviour or aggression in several years.
Dr. Bhullar confirmed that she will amend the front page of the Hospital Report in the future to acknowledge that the diagnosis of ‘other substance use’ is in remission.
In response to questions of the panel, Dr. Bhullar testified that Mr. Daley has historically minimized the sexual aggression issues. She says there is room for growth of insight in this regard. She noted that there have been no complaints of a sexual nature during his time under the ORB, nor from his employer, nor from his school. In all of these locations he will have had ongoing interactions with females.
Cognitive testing places Mr. Daley’s overall intellectual functioning in the extremely low range (second percentile). However, Dr. Bhullar has not observed any functional impairments consistent with this level of cognitive deficit. While Mr. Daley has a reported history of meningitis at age 9 and a probable head injury at age 21, along with the compounding effects of treatment-resistant mental illness and prior substance use, Dr. Bhullar testified that she did not identify clinical evidence to support a diagnosis of a neurocognitive disorder.
In response to Ms. Boissonneault’s follow up question on this issue, Dr. Bhullar confirmed that Mr. Daley would have been 14-years-old in 2008 when he was charged with sexual assault. In respect of a 2011 indecent acts charge, Mr. Daley was 17-years-old at the time.
Analysis and Conclusions
Significant Threat
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board independently finds that Mr. Daley remains a significant threat to the safety of the public.
Mr. Daley’s presents with a number of factors that impact his risk to the safety of the public. He suffers from schizophrenia and antisocial personality disorder. When unwell, he presents with paranoid delusional beliefs, which have resulted in conduct that caused serious physical or psychological harm to the public. He has a history of substance use and treatment non-adherence. Mr. Daley has done very well in the past reporting year and is to be commended for his motivation to succeed. However, without the support of the treatment team, if Mr. Daley were to become non-compliant with his medication and / or return to the use of substances it is likely that he would decompensate, which would raise his level of risk of harm to the safety of the public.
Given these issues, Mr. Daley continues to meet the threshold for significant threat to the safety of the public.
Necessary and Appropriate Disposition
In light of the Board’s finding of significant risk, it is charged with shaping a Disposition for the coming year.
The Board notes that there have been no known incidents of aggression since 2019. He remains asymptomatic and has had a year of clinical and behavioural stability in the community. Mr. Daley shows good insight into his need for medication and appears to have been compliant while self-administering his antipsychotic medication over the past year. He remains abstinent from substances. Further, Mr. Daley has had a successful transition to the community without need for readmission.
The Board reviewed and relies on the future-oriented risk management items that were outlined in the Hospital Report in the context of considering an Absolute Discharge. It is noted that during much of the past year, Mr. Daley resided in a medium support group home. He also had regular visits with his psychiatrist and weekly to biweekly visits with his FOS clinician. Mr. Daley only recently transitioned to a lower support group home in March 2025. Mr. Daley has considered living with his sister in the future, though there are not yet formal plans in place to do so. It is considered that the support and supervision he has been receiving while under the ORB are protective factors that have been important in supporting his stability. The biggest concerns are difficulties managing stress or the challenges of an intimate relationship in the context of the recent reduction of supervision. Mr. Daley has participated in relevant therapeutic programming aimed at learning coping strategies and skills to promote healthy relationships; however, it is unclear to what extent he is able to apply these skills consistently when needed.
Given the historical risk factors, the hospital recommends a gradual approach in decreasing Mr. Daley’s level of supervision in the community to help mitigate risk of future violence.
The Hospital Report is clear that Mr. Daley’s risk for physical violence is considered to be moderate in the scenario of an Absolute Discharge.
The oral and documentary evidence at the hearing supports the joint request of the parties for the requested removal of terms 1(b) and 1(c) of the current Disposition. Additionally, the evidence supports an amendment of term 1(a) such that Mr. Daley shall be required to report not less than every four weeks.
After considering all evidence and joint position of the parties, the Board finds that that the necessary and appropriate, least onerous and least restrictive Disposition, is continuation of a Conditional Discharge with amendments to the Disposition as jointly requested, and as set out in our formal Disposition.
The panel does not have authority to order an early hearing in ten months. However, the request was flagged as a request made jointly by all parties.
The Board congratulates Mr. Daley on an excellent year.
DATED this 18th day of June 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Murray Legal Member Office of the Registrar Ontario Review Board