Ontario Review Board
Re: Trevor Boucher
ORB File No. 5549/7295
Hearing Date: Tuesday, May 6, 2025
Hearing Location: Centre for Addiction and Mental Health, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code;
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. T. Verny Dr. S. Wiseman Mr. W. Apted Mr. K. McKenna
Parties Appearing:
Accused: Trevor Boucher Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated June 19, 2025)
Introduction
Mr. Boucher was found not criminally responsible (NCR) on February 3, 2010, for the criminal code offences of 3 counts of assault and 1 count of utter a threat to cause bodily harm or death. He was further found NCR on January 18, 2018, for the criminal offence of disarming a peace officer.
He is currently subject to a detention order in the General Forensic Unit at CAMH under a Disposition dated June 6, 2024, with privileges that extend to living in the community of the catchment area of the Centre for Addiction and Mental Health (CAMH), Toronto, in accommodation approved by the person in charge.
A panel of the Ontario Review Board (the panel) convened this annual hearing on May 6, 2025, at CAMH to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada.
At the commencement of the hearing, the Hospital recommended a conditional discharge with reporting obligations of not less than once every 4 weeks. It further submitted that Mr. Boucher did not plan to leave his current residence, so specifying a residence was not necessary. Crown Counsel supported the Hospital’s recommendation with the exception of requesting that the panel specify Mr. Boucher’s residence in the Disposition. Counsel for Mr. Boucher supported the Hospital’s recommendation.
After considering the evidence, the panel concluded that a conditional discharge was appropriate and that it was not necessary to specify a residence in this Disposition.
Index Offences
- The following is a synopsis of the facts pertaining to the index offences taken from last year’s Reasons for Disposition.
February 3, 2010: Assault x 3 and Threaten Death
The victim in this matter is the mother of the accused. The two reside together at 407 Gerrard Street East, Apartment [number], in the City of Toronto. The victim believes her son to be suffering from schizophrenia and, in fact, had a Form 2 signed by a Justice of the Peace on September 28th, in order that he could be assessed at hospital.
On 2009/09/30, the victim advises that she returned to her apartment at approximately 9:45 p.m. She greeted her son, the accused, who replied to her “get out, get out”. The victim then entered the kitchen area, and the accused followed her. The accused proceeded to grab the victim around the neck, with both hands, and squeeze. The victim managed to say, “please stop” to which the accused replied, “I’m going to fucking kill you”. The accused then let go of the victim’s neck, left the kitchen and returned to the other room to sit down. The victim then told the accused she was going to the store, to which the accused replied, “If you call the police, I will cut your legs off.
The victim left the apartment, immediately found a payphone and called police. Police immediately attended the apartment shared by the victim and the accused; however, the accused had since left the apartment. Police then searched the area around the apartment including several local establishments frequented by the accused. With negative results for the accused, officers then proceeded to take a statement from the victim and attempted to locate a place of safety for the victim to stay for the night. At approximately 12:40 a.m., officers returned with the victim to her apartment and found the accused back in the apartment, seated on the couch, drinking a beer. The accused was placed under arrest, advised of his rights to counsel and transported to 51 Division where he was charged accordingly.
On Wednesday, November 11th, 2009, at approximately 15:25 hours, the accused before the court, known as Trevor Boucher, was walking on Queen Street West in the City of Toronto. A witness observed the accused to be walking down the street yelling “The Taliban must go down”, “The Pakies must die” and “I’m going to take them out”.
The [accused] approached the first victim, [male victim’s name], who was standing on the sidewalk of Queen Street West, taking a break from work. The accused approached the male and without provocation “sucker punched” him in the face sending him to the ground where he lay [for] two minutes. This victim received swelling/brushing to his right cheek. This victim was of smaller stature and obvious “South Asian” descent. The accused walked away searching for another innocent victim.
The [accused] approached the second victim, [female victim’s name], who was walking on the sidewalk of University Avenue on her way home. The accused approached the victim and without provocation “sucker punched” her in the mouth sending her to the ground where she believes she hit her head and went unconscious. This victim received swelling and a cut to her lips. This victim was of smaller stature and obvious “South Asian” descent. The accused kept walking away. Witnesses identified the accused to the attending police who were able to arrest him. He was read his rights to counsel and legal.
January 18, 2018 Disarm Police Officer
On February 3rd, 2010, the accused was found not criminally responsible on account of mental disorder on three charges of assault and threaten death. On May 16th, 2016, the Ontario Review Board reviewed its current disposition and discharged the accused with several conditions, including to abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant, and to keep the peace and be of good behaviour.
On Sunday the 8th day of January 2017, at approximately 10:53 am, Police Constable Mike CASSIDY and Police Constable Ray HOBSON of the Toronto Police Service was at Humber Wilson Hospital on an unrelated police detail. Both officers were working in a Uniform Capacity. P.C. Cassidy was walking through the emergency department when the accused pushed P.C. Cassidy from behind into P.C. Raymond Hobson. He then grabbed hold of P.C. Cassidy's firearm with his right hand and pulled attempting to remove the firearm from the holster. The accused was able to unlock one of two safety features on the holster. P.C. Cassidy was able to secure his firearm while he and P.C. Hobson struggled with the accused. The accused was advised that he was under arrest and verbal commands were directed to the accused throughout the struggle.
After approximately 10 seconds, the accused became compliant with the verbal commands and proceeded to get down on the ground. P.C. Cassidy and P.C. Hobson attempted to affect the arrest however the accused again became combative and resisted arrest. Several peace officers arrived on scene and assisted with the restraining of the accused.
Mr. Boucher was placed on Form 1 under the Mental Health Act and subsequently on Form 3. He acknowledged use of alcohol and cannabis prior to this incident and had also abruptly stopped his methadone 17 mg daily.
Hospital Report dated April 11, 2025
The Hospital Report dated April 11, 2025, was prepared for this hearing, and contains a detailed review of Mr. Boucher’s personal and mental health history.
Mr. Boucher is a 38-year-old man with a son and daughter from a prior relationship. His father passed away when Mr. Boucher was 15, and he lived with his mother to the time of the index offence.
He completed grade 10. Mr. Boucher then acquired a forklift operator license but has never worked as a forklift operator. He worked at various manual labour positions for short periods of time, and then worked at a grocery store from 2021 to the fall of 2024.
Mr. Boucher has amassed a significant criminal record with convictions that include assault, assault with a weapon, assault bodily harm, possessions of a weapon dangerous, criminal harassment, theft, mischief, and breaches of court orders.
Mr. Boucher began using alcohol at age 16, and by age 20, was consuming 26 oz. of vodka daily. He has a history of street drug use that includes marijuana, crack cocaine, MDMA, and intravenous heroin. Following surgery for a broken jaw in 2003, Mr. Boucher developed a dependence on opiates-Percocet, Oxycontin, and benzodiazepines. He continues to be treated with methadone.
Following the NCR verdict, Mr. Boucher was detained at Waypoint Centre for Mental Healthcare until his transfer to CAMH on November 21, 2012. On February 17, 2015, he was discharged to live in the community, and on May 31, 2016, Mr. Boucher received a conditional discharge.
On January 8, 2017, Mr. Boucher was charged with disarming a police officer, and found NCR for this offence on January 18, 2018.
The ORB hearing of February 24, 2017, changed his Disposition from a conditional discharge to a detention order.
He was discharged to live in the community on May 15, 2017, but was readmitted from June 18 to October 3, 2017, with re-emergent mania resulting from medication non-compliance and substance use. Mr. Boucher was again readmitted on December 17, 2018, following a deterioration in his mental condition. There were numerous instances of Mr. Boucher failing to report as he was directed, and it was suspected that he was not compliant with his medication. He remained an inpatient until March 26, 2019, when he was discharged to a Canadian Mental Health Association (CMHA) subsidized independent apartment.
Mr. Boucher was readmitted on April 11, 2019, following a deterioration in his mental state. His urine drug screen was positive for cocaine, methamphetamine, oxycodone, and alcohol metabolites. He was discharged to the community in October 2021, and readmitted to hospital from January 4, 2022, to March 3, 2022, following a positive urine drug screen for methamphetamine and amphetamines. Prior to this admission, Mr. Boucher was residing in supportive housing.
Mr. Boucher was discharged to reside at a residence run by Regeneration Community Services, which has staff present during the day and evening but not overnight. There were several instances in 2023 where Mr. Boucher’s urine drug screen returned positive for non-prescribed substances. There were also 3 occasions when the screen returned negative for prescribed substances.
The Hospital Report refers to this past year as being very successful for Mr. Boucher. There were no readmissions or concerning incidents. There was one episode of cocaine use in May 2024. There were various stressful situations for Mr. Boucher which he dealt with appropriately, including the death of his mother. He remained well-engaged with his outpatient forensic psychiatric team, and made progress pursuing his personal vocational goals.
Mr. Boucher did not experience any manic, hypomanic, or depressive episodes. He utilized his supports appropriately to cope with challenges including his team and loved ones. He also continued working and attending FOPS groups for much of the reporting period, and appreciated that maintaining structure was beneficial to his mental health.
In November 2024, Mr. Boucher transitioned to self-administering his medication. Since this time, he has maintained mental stability and there has been no concern with medication non-compliance.
Mr. Boucher provided urine drug screens every one or two weeks. They were only positive for cannabis and methadone which were prescribed for him, with the exception of the one positive result for cocaine in May 2024. The Hospital Report states that Mr. Boucher is highly motivated to abstain from non-prescribed substances. He enrolled in a peer support group worker training program that adopted a harm reduction approach to substance use. He also attended weekly maintenance sessions with the Substance Relapse Prevention group through FOPS until it ended in November 2024. He also attended Narcotics Anonymous meetings most weeks.
Mr. Boucher acknowledged that he has a bipolar disorder with a history of both manic and hypomanic episodes. He recognizes the benefits of medication, and expressed a desire to abstain from substance use which has resulted in a return to the hospital.
He has at times, however, expressed a belief that he has been falsely labelled by the ORB as dangerous, and that references to future risk of violence are exaggerated.
Throughout the year Mr. Boucher continued to meet with Dr. Emily Cripps, a psychologist, for individual cognitive therapy. He was well engaged when he attended, but missed 22 sessions due to other appointments or forgetfulness.
Mr. Boucher spent much of his time with his children who lived with their maternal grandmother. They have spent their time going to movies, dining out, or sharing meals at home.
Mr. Boucher had maintained employment at No Frills until his mother’s death in October 2024. He was accepted into the Neighbourhood Group Community Services Peer Training and Development program. It began with classroom training in January 2024, and as of March 2025, the classroom sessions ended and he began a placement at a drop-in centre in Toronto.
Since his mother’s death on October 17, 2024, Mr. Boucher was granted increased overnight passes of up to four nights per week at his mother-in-law’s home where his children reside. He remained mentally stable coping with the stress of his mother’s death and while assuming the responsibility of her funeral affairs.
Mr. Boucher is described in a mental status examination in April 2025, as being generally pleasant, but could become irritable when discussing certain topics such as his tenure under the ORB. There was no evidence of delusions, hallucinations, or ideas of reference. His insight into his risk for violence if mentally unwell is described as good.
The Hospital Report identifies his long and serious history of substance use, and violent behaviour as significant risk factors. Mr. Boucher also has a history of non-compliance with treatment and supervision.
To his credit, he has been mentally stable for 3 years, and is almost fully independent in administering his medication. Mr. Boucher has developed a much better insight into his condition and the need for treatment. He has not been readmitted to the hospital for almost 3 years, and except for the single incident in May 2024, has abstained from substances for a full year.
Testimony Dr. K. Valoo
Dr. Valoo has been Mr. Boucher’s outpatient treating psychiatrist since July 2024. He supplemented the information in the Hospital Report with his testimony. Dr. Valoo testified that he believes a conditional discharge is appropriate for Mr. Boucher. He stated that Mr. Boucher is highly motivated to maintain mental stability and avoid a readmission to hospital. Since July 2024, Mr. Boucher has expressed a desire to remain in his current housing, and Dr. Valoo does not expect Mr. Boucher to change his residence in the foreseeable future. Dr. Valoo, therefore, does not believe it is necessary to name a residence in the Disposition. Dr. Valoo advised that this housing is not transitional, and Mr. Boucher could remain there indefinitely.
Dr. Valoo testified that Mr. Boucher’s insight into his condition and need for treatment has improved, and he believes that Mr. Boucher would voluntarily return to the hospital if requested. The Mental Health Act would be appropriate to manage the risk to public safety.
In answer to questions from Crown Counsel, Dr. Valoo stated that Mr. Boucher currently has the proper amount of support with his housing, and that practically, Mr. Boucher has a very independent existence. Dr. Valoo reiterated his belief that the Mental Health Act would be sufficient to return Mr. Boucher to the hospital if he did not return voluntarily.
Dr. Valoo confirmed with counsel for Mr. Boucher that he has handled recent stresses in his life well. Dr. Valoo confirmed that Mr. Boucher is highly motivated to improve, and that his abstinence from substances includes alcohol.
In answering questions from the panel, Dr. Valoo stated that he has not seen any signs of schizophrenia this past year. Dr. Valoo referred to this past year as being the best for Mr. Boucher with respect to improvement in his insight and his commitment to avoiding substances and complying with his prescribed medication regimen.
Dr. Valoo indicated, that since the fall of 2024, Mr. Boucher is not provided with any services at his residence unless they are needed.
In the upcoming year Dr. Valoo believes it to be important to monitor Mr. Boucher for any signs of instability and substance use. Dr. Valoo suggested that it would be appropriate to reduce the reporting requirements to not less than once monthly.
Submissions
The Hospital submitted that Mr. Boucher remained a significant threat to the safety of the public, and that a conditional discharge was necessary and appropriate. Given that Mr. Boucher has expressed a desire to remain at his current residence, where he lives for the most part independently, specifying his residence in the Disposition is unnecessary. The Hospital referred to Mr. Boucher’s positive relationship with the outpatient team, his abstinence from substances, and compliance with his medication in support of a conditional discharge.
Crown Counsel supported the Hospital’s recommendations with the exception of specifying the residence. Counsel argued that it was still necessary to compel Mr. Boucher to reside at this supervised residence where support is available if needed.
Counsel for Mr. Boucher supported the Hospital’s recommendations. He referred to 3 years of mental stability, a year without substance use, no violent behaviour, and his involvement in programming in support of the conditional discharge.
Analysis
After considering the evidence, the panel accepts that Mr. Boucher remains a significant threat to the safety of the public. The risk to public safety can be managed with a conditional discharge.
Mr. Boucher has had a very positive year. He has remained mentally stable and avoided substance use. Since the fall of 2024 he has been responsible for taking his medication without difficulty.
Mr. Boucher has a good relationship with the outpatient forensic team, and has consistently reported to them appropriately.
There have been no behavioural concerns, and he handled the stress of his mother’s death well. Mr. Boucher spends a considerable amount of time with his children, including overnight visits to his mother-in-law’s home on a regular basis.
Mr. Boucher lives independently, although his residence has support available if needed.
Mr. Boucher does, however, have a long and deeply entrenched history of substance abuse which has exacerbated his symptoms. When unwell, he has engaged in violent behaviour as seen in the index offences and his criminal record. His insight into his illness and need for treatment has improved, but he tends to understate his risk for violent behaviour if he engages in substance use or stops his medication.
It is still important at this time for the Hospital to monitor his medication compliance and potential substance use for signs of decompensation and potential violent behaviour. Mr. Boucher has been readmitted to the hospital on numerous occasions in the past when he experienced a decline in his mental stability. It is appropriate for the Hospital to continue monitoring his condition for indications of a similar decline in his mental stability.
The panel accepts Dr. Valoo’s evidence that the risk to public safety can be managed with a conditional discharge. Dr. Valoo believes that Mr. Boucher would return to hospital voluntarily if requested, and in any event, the Mental Health Act would provide the necessary means to manage the risk.
It is also appropriate in the circumstances to reduce the reporting requirements to not less than once monthly.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
DATED this 19th day of June, 2025, at the City of Toronto, in the Toronto Region.
Mr. K. McKenna
Legal Member
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Office of the Registrar
Ontario Review Board