Re Andrew Rentel, 2025 CanLII 62962

Re: Andrew Rentel

ORB File No: 6689

Hearing held on: Wednesday, May 28, 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: Andrew Rentel Counsel: Mr. J. Chrolavicius The person in charge of hospital: Counsel: Ms. L. Barney Attorney General of Ontario: Counsel: Mr. B. Adsett

REASONS FOR DISPOSITION

(Dated July 4, 2025)

Introduction:

1On February 4, 2015, Andrew Rentel was found not criminally responsible on account of mental disorder (“NCR”) on a large number of Criminal Code charges arising from events that occurred on July 25, 2014 and August 15, 2014.¹ He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated May 21, 2024, whereby he is discharged from St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHCH” or the “hospital”) with a number of conditions, including that he abstain from substance use (with an exception for alcohol and cannabis), refrain from possessing weapons, not contact a number of people, and not attend at a number of locations. His current reporting requirement is not less than once every two weeks.

2On May 28, 2025, a panel of the Board convened at SJHCH to conduct Mr. Rentel’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Chrolavicius advised that Mr. Rentel would not be attending the hearing; however, he had met with Mr. Rentel several times and reviewed the Hospital Report with him. His instructions were to not oppose the hospital’s position. Neither Ms. Barney nor Mr. Adsett objected to the panel making an Order excusing Mr. Rentel from the hearing pursuant to section 672.5(10)(a) of the Criminal Code.

3A Hospital Report dated April 28, 2025, was marked as Exhibit 1. In addition to the documentary evidence, the panel heard evidence from Mr. Rentel’s attending psychiatrist, Dr. Olubukola Kolawole.

4The issues to be decided at the hearing were whether Mr. Rentel 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:

5At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Ms. Barney took the position that Mr. Rentel continues to represent a significant threat to the safety of the public, and that a continuation of the existing Conditional Discharge remains necessary and appropriate, with a reduction in the reporting requirement to not less than once per month.

6Mr. Adsett agreed with the position of the hospital on behalf of the Attorney General. Mr. Chrolavicius reiterated that his client did not oppose the hospital’s position. There was therefore a joint submission before the panel.

Findings:

7The panel found that there was sufficient evidence to find that Mr. Rentel continues to meet the threshold of 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 existing Conditional Discharge, with a decrease in reporting to not less than once per month.

Index Offences:

8The circumstances of the index offences are set out in detail at pages 3-7 of the Hospital Report, and can be summarized as follows. On July 25, 2014, at approximately 4:15 p.m., Mr. Rentel was driving westbound on Brant Country Road 18. His vehicle left its lane and travelled on the eastbound side of the roadway, forcing oncoming traffic to take evasive action in order to prevent a head on collision. Mr. Rentel returned to his lane, and without braking, entered an intersection on a red light and turned left. Traffic travelling in either direction on the green light had to take evasive action to avoid a collision. Mr. Rentel again entered the oncoming lane, driving southbound, in the northbound lane. He abruptly swerved back into the southbound lane and braked, before leaving the roadway and knocking down a speed limit sign. His vehicle continued through the grassy ditch and up a steep incline, only to lose traction and roll back down the hill to a stop. Mr. Rentel exited the car, clutching what was described as a coffee tin under his arm. He walked away from the scene of the motor vehicle collision and was arrested by police soon after. When he was searched, Mr. Rentel was in possession of 20.4 grams of marijuana. He was not found to be impaired, and was transported to the Brantford General Hospital under the Mental Health Act.

9On August 15, 2014, at approximately 11:00 p.m., Mr. Rentel walked away from the Brantford General Hospital. He was an involuntary patient at the time and had refused to take medication for his Bipolar Disorder. Mr. Rentel walked to a residence where he gained access and removed men’s clothing, food, and a bicycle. Mr. Rentel continued on to another residence where he stole a controlled substance (Oxycontin), food, and clothes. Prior to his departure, Mr. Rentel located a cigarette lighter and set fire to the house by pouring liquor over some toilet paper and newsprint; eventually setting the house ablaze. Mr. Rentel proceeded to a third residence where he forced entry and removed a set of keys for one of the cars at the property. Mr. Rentel fled the area in the car. He attempted to gain entry to a fourth residence when he was interrupted by the homeowner. He fled the area and proceeded to a Tim Horton’s store. He made a purchase at Tim Horton’s and continued next door to the Pioneer Gas Bar. Mr. Rentel approached the male clerk and asked for a package of cigarettes. The clerk retrieved the cigarettes and Mr. Rentel simultaneously grabbed the clerk by the shirt, brandished a knife, and demanded “Give me all of your money!”. The clerk and Mr. Rentel became involved in a short confrontation, and Mr. Rentel subsequently left the area in the car he had stolen. Mr. Rentel did not stop for a traffic stop by police, and a high speed pursuit followed. Mr. Rentel was ultimately taken into police custody.

10Mr. Rentel attributed his index offences to being off of medication and experiencing paranoid delusions, thinking he was in “the Matrix.”

Background:

11Mr. Rentel’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Rentel is a 50-year-old man who was born in Poland and came to Canada with his family around age eight. He became a Canadian citizen in 1986. Mr. Rentel completed high school and attended one year of a college nursing program. He then joined the military, but only completed four months of training. Mr. Rentel then worked at various jobs and spent time travelling.

12Mr. Rentel and his wife were married in 2003 and returned to Poland for five years. Their three children were born while they were living in Poland. The family returned to Canada in 2008. At the time of the index offences, Mr. Rentel was living with his family and was a stay-at-home father. His wife advised that he had not been taking medication for approximately two years (he had lost ODSP coverage) and his mental state deteriorated in the months leading up to the index offences. She had tried to get him to seek help without success.

13Mr. Rentel has a history of regular cannabis and alcohol use, starting between the ages of 18 and 20. Mr. Rentel reported that he did not use cannabis while he lived in Poland, but acknowledged that his alcohol use was a problem at that time. When he returned to Canada, his drinking reduced, but he started to use cannabis daily.

Criminal History:

14Mr. Rentel was charged with assaulting his wife in 2009 (he choked her). He was initially found unfit to stand trial and was committed to hospital on a Treatment Order. Mr. Rentel was treated, found fit to stand trial, and entered a guilty plea. He received a suspended sentence with three years probation, with a requirement that he seek psychiatric treatment.

Psychiatric History:

15Mr. Rentel’s first psychiatric hospitalization was in 2009 after he was found unfit to stand trial on the charge of spousal assault. He was admitted to the Penetanguishene Mental Health Centre from June 2 to 29, 2009, and presented with paranoia and auditory hallucinations, and he believed that he had telepathic powers. He also spoke only in Polish. Mr. Rentel was diagnosed with Schizophrenia, Paranoid Type, which was later changed to Bipolar I Disorder.

16Following this admission, Mr. Rentel lived with his sister and was followed by a psychiatrist on an outpatient basis. He responded well to treatment, and returned to live with his family in January 2010. However, when his Probation Order lapsed, Mr. Rentel voluntarily discontinued his regular treatment and follow-up. He reportedly only self-medicated with leftover medication when he felt “unwell.”

17Mr. Rentel was next admitted to Brantford General Hospital after the first series of index offences, from July 25 to August 6, 2014. He was admitted on a Form 1 and tested positive for both cannabis and benzodiazepines. He was treated in hospital and discharged home with some delusional beliefs remaining. Mr. Rentel was brought back to the hospital on August 14, 2014 after he got into a stranger’s car and demanded money for drugs. He was described as “floridly psychotic” and was made an involuntary patient. Mr. Rentel later escaped from the hospital by running out of a door, and the second series of index offences ensued.

18Mr. Rentel did well under the jurisdiction of the Board. He was compliant with both pharmacological and psychological treatment and engaged in substance use programming. He achieved indirectly supervised community privileges and his wife became an Approved Person. Mr. Rentel was discharged to the family home in February 2016, and was granted a Conditional Discharge in May 2017.

19In 2018, Mr. Rentel reported experiencing two periods of hypomania, but neither he nor his wife reported them to the treatment team. Mr. Rentel also did not tell the treatment team that his community psychiatrist had made changes to his medication. Mr. Rentel’s reporting was increased during this time.

20Mr. Rentel had a voluntary admission to hospital from November 2018 to February 2019 when he and his wife separated. Mrs. Rentel advised that she had been asking her husband to leave the home for some time as he was not motivated to find employment or help around the house. Mr. Rentel eventually rented a room in a house in Brantford, but then moved to his parents’ home in Hamilton.

21The prohibition on substance use and consent to treatment clauses were removed from Mr. Rentel’s Disposition in May 2019. Following this, Mr. Rentel’s marijuana use increased, and he reported using psilocybin and crystal methamphetamine. He also stopped his mood stabilizer for a few weeks. The treatment team recommended a hospital admission and Mr. Rentel agreed as he was feeling manic. Mr. Rentel stabilized quickly. The prohibition on substance use was reintroduced to Mr. Rentel’s Disposition in May 2020, and he participated in relapse prevention sessions from May to November 2020.

22Mr. Rentel was readmitted to hospital voluntarily from February to March 2022 after he tested positive for cannabis. He participated in an eight week Relapse Prevention Program group from January to March 2023, but was minimally engaged. Mr. Rentel was also gambling a lot, but declined support for this. His wife and children moved away without telling him.

23The prohibition on cannabis and alcohol use was removed from Mr. Rentel’ Disposition last year, and his reporting requirement was increased to not less than once every two weeks in order to monitor any signs of deterioration.

24The Hospital Report stated that Mr. Rentel’s diagnoses are Bipolar Disorder and Cannabis Abuse Disorder. He is capable to consent to treatment and manage his finances.

Evidence at the Hearing:

25The Hospital Report stated that Mr. Rentel continues to reside in Hamilton with his parents in a home that is owned by his brother. He pays monthly rent to his brother. He is a caregiver for his parents and drives them to appointments and for groceries. He is typically seen by the treatment team twice a month. Mr. Rentel has limited structure to his day and spends much of his time online using social media apps such as Reddit and Telegram. He discontinued his volunteering role at the Venture Centre after having done it since the fall of 2023. Mr. Rentel continues to struggle with gambling but has declined support.

26Mr. Rentel had one period of instability in December 2024 due to challenges attributed to his father’s worsening neurocognitive disease. He recognized the symptoms of hypomania and was forthcoming in reporting them to the team. However, it was noted that his insight remains limited with respect to appreciating and mitigating the factors that may destabilize his mental state, including stress and cannabis use.

27The Hospital Report stated: “In sum, Mr. Rentel’s past year has been uneventful in both directions; although there have been no significant changes related to risk, there also have been no significant steps toward further independence or demonstrating a greater ability to tolerate stress and manage himself independently” (at page 61).

28Mr. Rentel’s drug screens have been positive for cannabis but not for other drugs. The Hospital Report stated the following about the removal of the cannabis and alcohol prohibition (at page 58):

“Since being allowed to use cannabis in his most recent disposition, Mr. Rentel has maintained a baseline presentation for almost all his interviews. He reported only smoking cannabis at night and not smoking copious amounts. He has started consuming edibles due to two presentations for urgent care services for respiratory issues secondary to smoke inhalation over this reporting year. He provides the team with his empty cannabis packaging to monitor his THC consumption. Despite health teaching, he has never provided a packaging indicating more CBD than THC, as recommended by the low risk guidelines. He does not purchase CBD-only products. He is also allowed as per disposition to consume alcohol. He often has alcoholic drinks in social settings and reported to adhere to the low-risk guidelines.”

29Dr. Kolawole testified that he has been Mr. Rentel’s attending psychiatrist since 2014 when he conducted the criminal responsibility assessment. He reiterated that Mr. Rentel’s year has been variable, with areas of consistent progress, and other areas of difficulty. He stated that Mr. Rentel attends his appointments on time and is engaged with the team. He receives his long-acting injectable medication at the hospital and takes his oral medications independently. Dr. Kolawole also referenced Mr. Rentel’s continued lack of structure to his day, and noted that he has not sought employment after stopping his volunteering role. While there is some concern that Mr. Rentel spends a lot of time on Reddit groups that involve “controversial issues”, Dr. Kolawole stated that Mr. Rentel has developed some insight into the risks associated with these groups and was not as involved with them for a while.

30Dr. Kolawole testified that Mr. Rentel continues to have limited insight into the long-term risk of cannabis use, but noted that a number of factors have caused him to reduce his use, including his financial situation and some respiratory issues. He stated that Mr. Rentel’s mental state has not changed, and his cannabis use has been more measured this year. However, Dr. Kolawole continues to have concerns that Mr. Rentel will increase his use of cannabis (regardless of whether it is smoked or edible), as this occurred prior to the index offences, and also while subject to the jurisdiction of the Board. If Mr. Rentel stopped his medication and continued his cannabis use, as he has done in the past, it was Dr. Kolawole’s opinion that his risk to the public would be significant.

31Dr. Kolawole noted that Mr. Rentel’s mental state is very sensitive to stressors, and can deteriorate even when taking medications, as occurred in December 2024.

32Dr. Kolawole stated that areas of focus for Mr. Rentel next year are increasing the structure in his day with gainful employment or volunteering. The treatment team would also like Mr. Rentel to seek support for his gambling addiction, and participate in more education related to cannabis use. Dr. Kolawole stated that if these things are achieved, and Mr. Rentel develops improved insight into his substance use, he will be “closer” to an Absolute Discharge. However, Dr. Kolawole stated that Mr. Rentel would require life long support of the civil mental health system.

33Dr. Kolawole explained that he was recommending a decrease in the reporting requirement to not less than once per month in light of Mr. Rentel’s progress and engagement this year. He wants to provide Mr. Rentel with some more “leeway”, and will gradually reduce the reporting requirement. Dr. Kolawole noted that there will still be regular urine drug screen testing.

34In response to questions about Mr. Rentel’s insight, Dr. Kolawole stated that it is limited with respect to substance use as Mr. Rentel does not believe that cannabis use impacts his mental health. Dr. Kolawole described Mr. Rentel’s insight with respect to his mental illness and the need for medication as “much better”, and stated that he appreciates that he has a mental illness and needs to continue to take medication.

35In response to questions by Mr. Chrolavicius about why gambling was a concern for Mr. Rentel, especially when he reports that he makes more money than he loses, Dr. Kolawole explained that gambling is a “high risk activity” which can create high levels of stress. Mr. Rentel’s Bipolar Disorder makes him particularly susceptible to stress, and his mental status is fragile such that exposure to stress can cause decompensation. Dr. Kolawole also stated that Mr. Rentel’s gambling has been a “marker” for determining how unwell he is. Similarly, while participation in groups on Reddit may be harmless for some people, Dr. Kolawole had concerns about it in the context of someone with a fragile mental state that is susceptible to stress, especially where the groups are controversial.

36In response to a question about follow-up by a civil mental health team, Dr. Kolawole stated that Mr. Rentel is not ready for this yet. He first needs to achieve less frequent reporting and have a longer period of stability.

Analysis and Conclusions:

37The panel accepted the evidence in the Hospital Report and presented by Dr. Kolawole, and concluded that Mr. Rentel continues to represent a significant threat to the safety of the public. In the absence of forensic oversight, there is a real risk that Mr. Rentel would relapse into significant substance use and engage in increasingly risky activities. He would likely become nonadherent with his medication and suffer an acute relapse in his symptoms of mania and psychosis. While Mr. Rentel has good insight when he is well, he loses it when he is unwell. He is likely to engage in serious criminal behaviours, as has occurred more than once in the past when he was unwell.

38The panel agreed with the joint submission of the parties and decided that a continuation of the Conditional Discharge, with a decrease in reporting to not less than once per month, was necessary and appropriate and the least onerous and least restrictive Disposition for Mr. Rentel at this time. While Mr. Rentel has shown steady progress, there are still some risk factors that require ongoing education and management.

Footnotes

1. 1Dangerous operation of a motor vehicle (x2); failure to stop at scene of accident; possession of a controlled substance; breaking and entering (committing) (x3); breaking and entering (intent); arson - damage to property; possession of weapon for dangerous purpose; assault with a weapon; robbery; possession of property obtained by crime (x2); flight from a police officer; and mischief - not exceeding five thousand dollars.