Ontario Review Board
Re: McDonald Seales (aka Major MacDonald Lawrence McSeales)
ORB File No: 0520
Hearing held on: Tuesday, May 27, 2025
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus Hamilton, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Clapp Members: Dr. M. Attia Dr. T. Stirpe Mr. E. Siebenmorgen Ms. R. Chopra
Parties Appearing:
Accused: McDonald Seales Counsel: Mr. A. Confente
The person in charge of hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Mr. S. Kim
REASONS FOR DISPOSITION
(Dated July 4, 2025)
Introduction:
On October 23, 1979, McDonald Seales was found not guilty by reason of insanity (“NGRI”) (now referred to as not criminally responsible on account of mental disorder (“NCR”)) on a charge of first-degree murder, contrary to the Criminal Code. He has been subject to Dispositions of the Ontario Review Board (“ORB” or the “Board”) (or its predecessor) since then. Mr. Seales is currently subject to a Disposition dated April 23, 2024 whereby he is detained at St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHCH” or the “hospital”) with privileges up to and including entry into the community accompanied by staff or a person approved by the person in charge. He is also required to abstain from substance use, and refrain from possessing weapons or incendiary devices.
On May 27, 2025, a panel of the Board convened at SJHCH to conduct Mr. Seales’ annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Seales attended the hearing and was represented by counsel, Mr. Confente.
The Hospital Report dated May 2, 2025, was marked as Exhibit 1, and a Discharge Summary from Waypoint Centre for Mental Health Care (“Waypoint”) dated March 4, 2025, was marked as Exhibit 2. In addition to the documentary evidence, the panel heard oral evidence from Mr. Seales’ attending psychiatrist, Dr. Satyadev Nagari, as well as Mr. Seales.
The issues to be decided at the hearing were whether Mr. Seales continues to meet the test of posing a significant threat to the safety of the public as set out in section 672.5401 of the Criminal Code, and if so, what is the necessary and appropriate Disposition, taking into account the four factors set out in section 672.54 of the Criminal Code.
Position of the Parties:
At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Mr. O’Brien took the position that Mr. Seales continues to represent a significant threat to the safety of the public, and that a continuation of the Detention Order remained necessary and appropriate. However, the hospital was recommending the addition of indirectly supervised hospital and grounds privileges within the secure perimeter. Further, given that Mr. Seales was transferred to SJHCH from Waypoint on March 4, 2025, all references to Waypoint in the Disposition should be removed.
Mr. Kim agreed with the position of the hospital on behalf of the Attorney General.
Mr. Confente advised that Mr. Seales wished to be referred to as “Major Max Seales”, and requested permission for Mr. Seales to wear his hat during the hearing. Mr. Confente stated that the issue of significant threat was conceded, and that he joined the recommendation for a Detention Order. However, Mr. Seales was seeking indirectly supervised privileges beyond the secure perimeter of the hospital and into the city of Hamilton. Mr. Confente confirmed that the Rule 13 request for a transfer to the Southwest Centre for Forensic Mental Health Care (“Southwest”) had been withdrawn.
Findings:
- For the reasons that follow, the panel found that Mr. Seales continues to pose a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the Detention Order, with the addition of indirectly supervised hospital and grounds privileges.
Index Offence:
- The circumstances of the index offence are set out in the Hospital Report at page 3 as follows:
“Mr. McSeales arrived in Toronto shortly before 5:30 p.m. on January 29, 1979 and purchased a knife at the Eaton's Centre. He then went to his wife's home and was allowed in. He sat on the chesterfield for a period and then began stabbing her. His two children came downstairs and watched. He continued to stab his wife and told the children to return to their rooms and go to bed. He then wiped the knife and placed it in the kitchen drawer. He went upstairs and cleaned himself and donned a pair of his wife's pants as his was covered with blood. He made his way to the Queen Street Mental Health Centre where he arrived shortly before 10:00 p.m. He advised the hospital staff of his actions and, as a result, the police were contacted and they found that it was true that Mr. McSeales’ wife had been killed. She sustained 14 stab wounds to the front, back, chest, arm, and hand areas of her body, and cause of death was given as "massive hemorrhage due to multiple stab wounds". Records indicate that Mr. McSeales killed his wife to free himself of a voodoo curse, which she had placed on him, in order to remove the spell.”
Background:
Mr. Seales’ personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Seales is now 76 years old. He was born in Trinidad, as the second of ten siblings. He completed four years of high school and then apprenticed in tailoring. He worked as a tailor before immigrating to Canada in 1968 at the age of 20. He then worked a number of jobs but struggled to maintain steady employment.
Mr. Seales was engaged to be married to a woman from Trinidad before he came to Canada. They married in 1971 once she had come to Canada, and they had two sons. They separated and then divorced in 1978. Mr. Seales was using drugs and alcohol regularly and engaged in extramarital affairs. He began to experience beliefs that his wife was placing a voodoo spell and he began to act out physically against her.
Criminal History:
Mr. Seales’ criminal history is set out in the Hospital Report at pages 3-5. Prior to the index offence, between 1975 and 1979, he had a number of convictions for offences including theft, carrying a concealed weapon, failure to appear, and indecent assault. Mr. Seales also has a number of convictions for assault and assault with a weapon while he has been subject to the jurisdiction of the ORB (in 2009, 2013, 2017, 2019, and 2022).
The 2017 conviction for assault with a weapon occurred while Mr. Seales was detained at Ontario Shores Centre for Mental Health Care (“Ontario Shores”). Unprovoked, Mr. Seales struck a co-patient on his head in a punching motion while holding a plastic knife between his fingers. He was deemed a dual status offender following this conviction.
The 2022 conviction for assault related to an incident where Mr. Seales punched his attending psychiatrist when he was a patient at Providence Care Hospital (“Providence”). The Reasons for Decision of the Board dated May 5, 2021, provided the following details of the assault (at pages 113-115 of the Hospital Report). Approximately one week prior to the assault, Dr. Chan visited Mr. Seales in his room. The purpose of the visit was to discuss Mr. Seales’ inappropriate interaction with a female at the hospital gift shop. Dr. Chan cautioned him to stay away from the gift shop and not to interact with the female. Mr. Seales did not lose any privileges because of this behaviour, but the treatment team stepped up their monitoring. Dr. Chan believed he had a strong therapeutic relationship with Mr. Seales up until the assault. Dr. Chan described standing approximately one meter away from Mr. Seales when he was punched in the face repeatedly without warning. There was no discussion between them, prior to or after the assault. Dr. Chan described his injuries from the assault as facial bruising and discomfort in his jaw. Mr. Seales remained in seclusion for ten days following the assault. It was noted that he had been taking his antipsychotic medication consistently and without complaint. Dr. Chan was at a loss to explain why this assaultive behaviour occurred. It was subsequently recommended that Mr. Seales’ be detained at the high secure programs division of Waypoint, and he was transferred there on May 11, 2021.
Psychiatric History:
The Hospital Report outlines Mr. Seales’ psychiatric history prior to the index offence. He had three admissions to the London Psychiatric Hospital between December 1975 and February 1979 where he was diagnosed with Schizophrenia. He also had an admission to the Riverview Psychiatric Hospital in Vancouver (dates unknown) where he eloped twice, stole a suitcase, fraudulently acquired money, and started a fire in a washroom. Between October 1977 and January 1979, Mr. Seales had three admissions to the Queen Street Mental Health Centre in Toronto. He eloped multiple times and was again diagnosed with Schizophrenia.
Since coming under the jurisdiction of the Board in 1979, Mr. Seales has been a patient at several different forensic hospitals in Ontario, including Southwest, Waypoint, Providence, the Centre for Addiction and Mental Health, Ontario Shores, and SJHCH. Mr. Seales’ course at these hospitals is outlined in the Hospital Report and will not be repeated here.
Between 2005 and 2008, Mr. Seales had a period of relative stability and was discharged to live in the community on at least three occasions. However, each time he required readmission to hospital. In December 2008, he was charged with sexual assault, was readmitted to hospital, and lost his housing. He has not lived in the community since then.
In 2023, the treatment team at Waypoint opined that Mr. Seales could be managed at a less secure facility. The following Composite Assessment of Risk from the 2023-2024 Hospital Report is instructive (at page 135):
“Mr. McSeales has a history of schizoaffective disorder/schizophrenia going back over 4 decades. He had been on numerous medications with limited results, and continued to display assaultive behavior in public and in hospital settings. Many of these assaults had been serious and without provocation or warning, on an unsuspecting person. In the past he was treated with clozapine but discontinued it. He finds it difficult to accept responsibility for his actions and tends to attribute them to external factors. He has a long history of transferring to a less secure hospital and eventually becoming dissatisfied and frustrated with his current surroundings. This had in the past led to violence [instrumental] and his return to Waypoint.
Further problems with Mr. McSeales’ treatment or response to supervision can be anticipated. For the most part, he has been treatment compliant while in hospital under strict supervision. Without this structure and support, combined with poor insight and lack of motivation, compliance with treatment will be poor. He has made statements that indicate he shows little remorse for the index offence and other assaultive episodes, and has no insight into the impact of such actions upon victims. He has discounted the concern for future use of alcohol and marijuana, and has been unmotivated to participate in therapeutic and rehabilitative efforts. He did not believe that the assault on his psychiatrist at Providence Healthcare should stand in way of his transfer to a less secure facility. He also minimized his inappropriate sexual behavior and was unwilling to discuss it.
The most likely re-offence scenario would be due to Mr. McSeales’ perception over his lack of progress towards leaving hospital and entering the community and the concomitant sense of frustration. He may externalize blame onto staff and the forensic system in general. He may also refuse to comply with treatment. This may result in worsening paranoia and delusional thought content. When combined with his personality traits of impulsivity, irritability and lack of remorse about mistreating others, this could lead to conflict with others, increased aggression and threatening or assaultive behaviour, and non-consensual sexual touching or assault.
Mr. McSeales has a history of smoking cannabis during his last stay at Waypoint. Substance use is likely to increase the risk of recidivism even independent of mental illness.
Mr. McSeales does not appear to understand his diagnosis of schizoaffective disorder/schizophrenia although is aware that taking medication could help for this disorder. His illness is partially controlled by medication, which he takes under his own consent. He displayed unpredictable, instrumental and impulsive violence without any warning. This violence has occurred with the victims being both hospital staff and co-patients. He continues to pose significant threat to the safety of the public. It is the opinion of the team that the threat to public safety he poses can be managed safely in a setting of medium security under the auspices of the Board.”
- Mr. Seales’ current diagnoses are: Schizoaffective Disorder, bipolar type; Polysubstance Use Disorder, currently in remission in a controlled environment; and Personality Disorder, NOS. Mr. Seales is capable of consenting to treatment and of managing his finances.
Evidence at the Hearing:
- Mr. Seales was transferred from Waypoint to SJHCH on March 4, 2025. The Hospital Report stated that in the short time that Mr. Seales has been at SJHCH, he has adjusted without incident. His interaction with staff and fellow patients has been generally polite, and he has used accompanied privileges on hospital grounds appropriately. He has been adherent to his prescribed medications. There have been no observations of mood disturbance, overt psychotic symptoms, irritability, or aggression. However, the Hospital Report stated that Mr. Seales continues to exhibit signs of clinical instability, and stated the following (at page 140):
“This is evident in his persistent requests for name changes, elaborate self -presentation in grandiose outfits, and theatrical gestures. He frequently petitions for transfers to Trinidad, New York, or various hospitals within Ontario. Similarly, he has repeatedly considered changing his legal representation, suggesting a pattern of ongoing dissatisfaction and impulsivity.
Notably, in early April, he refused his medications after expressing distress over what he perceived as unfair treatment of another patient, and has insisted on being transferred back to Waypoint. However, after a few minutes, he returned to the nursing station and requested his scheduled medications. While brief, this episode illustrates his limited coping mechanisms and vulnerability to emotional dysregulation which is risk-enhancing. His insight into his mental illness and the need for treatment remains poor.”
The Hospital Report stated that it was the opinion of the treatment team that in the absence of oversight by the Board and the structured environment of a forensic unit, it is unlikely that Mr. Seales would continue to take his medications independently, which would result in resurgence of psychosis and serious violent behaviours causing physical harm to others. It also stated that while Mr. Seales’ current behavioural stability is encouraging, especially given the lack of privileges initially after his transfer from Waypoint, this may reflect situational self-regulation in anticipation of his upcoming annual ORB hearing. It was therefore premature to conclude that he has achieved meaningful or sustained improvement (at pages 140-141). Dr. Nagari supported this opinion during his testimony, and made reference to the 2021 unprovoked assault on his psychiatrist.
Dr. Nagari testified that he has been Mr. Seales’ attending psychiatrist since his transfer to SJHCH on March 4, 2025. Dr. Nagari reiterated that Mr. Seales had done well since his transfer. While he was initially ambivalent about the transfer, he has since settled in and envisions a life for himself in Hamilton. He has been consistently adherent to both his antipsychotic and mood stabilizing medications, and there have not been any notable incidents. There was one night where Mr. Seales was distressed about how another patient was being treated, and refused his medication briefly. However, he was responsive to nursing support, and resumed taking his medication.
Dr. Nagari testified that the treatment team is still getting to know Mr. Seales. He stated that Mr. Seales’ primary focus remains returning to Trinadad to be with family.
Dr. Nagari testified that the next step is for Mr. Seales to be given access to the secure side of the hospital on his own. This includes the “clinical corridor” which includes a café, a hair salon, a book nook, and a recreation centre. He also noted that Mr. Seales continues to have accompanied passes to the community available to him.
Dr. Nagari testified that Mr. Seales’ risk remains high. He has exhibited consistent impulsive and instrumental violence over many years, and has not demonstrated warning signs in advance of his past assaults. A cautious approach is therefore required.
In response to questions, Dr. Nagari explained that level 1 passes are on the hospital unit, level 2 passes are on the secure side of the hospital, level 3 passes include the public side of the hospital and the hospital grounds, and level 4 passes are into the community. Dr. Nagari initially took the position that only indirectly supervised privileges on the secure side of the hospital (level 2) were appropriate for Mr. Seales at this time, as he was concerned that there may be a sense of entitlement, and he did not want to compromise the relationship that he was building with Mr. Seales. However, during the course of the hearing, Dr. Nagari agreed that indirectly supervised hospital and grounds privileges (level 3) could be safely and carefully managed in the upcoming year. He noted that there may be activities that Mr. Seales could be deprived of if he did not have access to level 3 passes, and it would also avoid the need to call an early hearing in the event that Mr. Seales progressed well. Dr. Nagari remained “absolutely opposed” to level 4 privileges into the community as it was his opinion that they were not attainable in the upcoming year. He also stated that all progression in privileges will be done gradually.
In response to questions from Mr. Confente and the panel, Dr. Nagari stated that there was no plan to change any of Mr. Seales’ medications at this time, and he noted that there had been significant improvement since the introduction of a mood stabilizer at Waypoint. He also stated that he did not have any reason to suspect that Mr. Seales was experiencing cognitive decline, but this will be monitored. Mr. Seales does not have an Approved Person, but Dr. Nagari stated that the team would be open to accepting applications. Dr. Nagari also stated that the recreational therapist is aware of Mr. Seales’ strong interest in music, and there is a music group on the unit. He is also free to meet with the spiritual advisor.
In response to questions about Mr. Seales’ insight and the presumption that he is capable of consenting to treatment, Dr. Nagari explained that Mr. Seales cognitively understands the purpose of medication and recognizes that he has received some benefit and stability from them. In response to questions about whether Mr. Seales had provided any explanation for the 2021 assault on his psychiatrist, Dr. Nagari stated that the Waypoint notes indicated that Mr. Seales wished to return to Waypoint in order to purse a love interest there. More recently, Mr. Seales has expressed surprise that he had done that. Dr. Nagari added that Mr. Seales has been known to come up with explanations situationally.
Mr. Seales testified that he wants to pursue a musical career, and sang three songs (I’ll Begin Again, the Lord’s Prayer, and Oh Canada).
Mr. Seales also testified that no one had ever asked him why he committed the index offence. He explained that in the 1970’s there was a nuclear holocaust and two super powers were trying to annihilate the world. He stated that his ex-wife’s death was a “sacrificial death” for life, and he did it to combat evil forces. Mr. Seales stated that he has been “locked up” in the forensic system for over 45 years and believes he has served his time.
Submissions:
Based on Dr. Nagari’s recommendation for indirectly supervised hospital and grounds privileges, rather than confinement solely within the secure perimeter, Mr. O’Brien endorsed this amendment to the Detention Order in his closing submissions. He noted that these are still very early days for Mr. Seales at SJHCH, and that all privileges will be granted in a stepwise fashion, very cautiously.
Mr. Kim maintained his support of the hospital’s position on behalf of the Attorney General.
Mr. Confente submitted that inclusion of level 3 privileges was now a joint submission. He also advocated for level 4 privileges for Mr. Seales, stating that it would be motivating for him.
Analysis and Conclusions:
Based on the Hospital Report and the evidence of Dr. Nagari, the panel concluded that there was clear evidence that Mr. Seales remains a significant threat to public safety. Mr. Seales carries a diagnosis of Schizoaffective Disorder, and has narcissistic and antisocial personality traits. The panel accepted the evidence that although there have not been any serious incidents since Mr. Seales’ recent transfer to SJHCH, his history of repeated and unpredictable violence remain significant concerns. He has a criminal history prior to his NGRI finding, and a pattern of unprovoked assaults while under the jurisdiction of the ORB, including a fairly recent assault against his psychiatrist in 2021. Mr. Seales also has a history of past refusals of treatment and sexually inappropriate behaviour. The panel concluded that in the absence of oversight by the Board, and the structured environment of a forensic unit, Mr. Seales would likely discontinue his medications and potentially resume substance use, which would result in a resurgence of psychosis and serious violent behaviours causing physical harm to others.
The panel concluded that a continuation of the Detention Order was necessary and appropriate. However, the panel agreed with the eventual joint submission that the addition of indirectly supervised hospital and grounds privileges was an appropriate next step, and was the least onerous and least restrictive Disposition for Mr. Seales at this time. Mr. Seales has settled into SJHCH well thus far, and the panel felt that it was important to continue this positive momentum and motivation for Mr. Seales. Mr. Seales has not had indirectly supervised privileges for some time, and this will provide him with an opportunity to advance in the coming year. Having said that, the panel was confident that these increased liberties will be granted cautiously so as to ensure the safety of the public, including staff and co-patients.
The panel concluded that granting indirectly supervised community passes was not appropriate at this time, considering Mr. Seales’ current level in the privileges hierarchy and the fact that the treatment team at SJHCH is still in the process of familiarizing themselves with him. The panel accepted Dr. Nagari’s evidence that this was unlikely to be something that would be possible within the next reporting year. The panel also expressed concern about creating conditions that could foster a sense of entitlement, prove counterproductive, or undermine the developing therapeutic relationship with Mr. Seales.
DATED this 4th day of July 2025, at the City of Toronto, in the Toronto Region.
Suzanne Clapp Alternate Chair
Office of the Registrar Ontario Review Board