Ontario Review Board
Re: Tyler Wheaton
ORB File No: 6736
Hearing held on: Tuesday, May 27, 2025
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th^ 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: Tyler Wheaton Counsel: Mr. M. Schloss
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 April 1, 2015, Tyler Wheaton was found not criminally responsible on account of mental disorder (“NCR”) on charges of mischief not exceeding $5000, attempt to commit indictable offence, assault with intent to resist arrest, and failure to comply with probation order, all contrary to the Criminal Code. 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 5^th^ Campus (“SJHCH” or the “hospital”) with conditions that include submitting samples of his urine and breath, refraining from possessing weapons, consenting to psychiatric treatment, and reporting to the person in charge of SJHCH not less than once per month.
On May 27, 2025, a panel of the Board convened at SJHCH to conduct Mr. Wheaton’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Wheaton attended the hearing and was represented by counsel, Mr. Schloss.
The Hospital Report dated May 12, 2025, was marked as Exhibit 1. In addition to the documentary evidence, Mr. Wheaton’s attending psychiatrist, Dr. Wesley Sutton, gave evidence. The panel also had the Order and Amended Reasons of the Ontario Court of Appeal dated January 20, 2025, dismissing an appeal related to last year’s Disposition.
The issues to be decided at the hearing were whether Mr. Wheaton 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. Wheaton no longer represented a significant threat to the safety of the public and should therefore be absolutely discharged. Mr. Kim concurred on behalf of the Attorney General, as did Mr. Schloss on behalf of Mr. Wheaton.
Findings:
- For the reasons that follow, the panel concluded that the evidence did not establish that Mr. Wheaton continues to pose a significant threat to public safety. Accordingly, pursuant to section 672.54(a) of the Criminal Code, Mr. Wheaton was granted an Absolute Discharge.
Index Offences:
- The circumstances of the index offences are set out in the Hospital Report at pages 3-4, and are summarized in last year’s Reasons for Disposition as follows (at paragraph 10):
“Briefly summarized, on February 4, 2015, Mr. Wheaton was admitted on a Form 1 to the North Bay Regional Health Center. At the time, his mother reported that her son had made repeated threats to kill her over the prior week, and that she had seen him pacing around their home with a knife and had been so afraid that she began locking her doors at night. Mr. Wheaton was brought to the hospital by police and the mobile crisis team and admitted directly to the acute inpatient psychiatry unit. He had reportedly been noncompliant with his antipsychotic medications prior to his admission.
The following day (February 5, 2015), Mr. Wheaton became angry at being in the hospital. He told an employee that he was going to break out and ran toward a security door. He proceeded to break through a series of three magnetically locked doors, escaping from the unit to the main hallway at the North Bay Regional Health Centre. He continued to a platform over the atrium in the cafeteria and he leaped from the platform, falling approximately four meters to the floor. He was not wearing shoes at the time. From there, Mr. Wheaton walked to the hospital parking lot, where he approached a vehicle and attempted to break the window with his elbow to gain entry. He ran away when approached by hospital staff, lost his pants, and ran down the highway, naked from the waist down. He attempted to stop numerous vehicles and enter those vehicles. When police attended and told him he was under arrest, Mr. Wheaton ran away. When caught, he resisted and was tasered. He pulled away and was pepper-sprayed as he ran toward a female officer. Two other officers took him to the ground, where he continued to resist. At the time of the incident, Mr. Wheaton was on probation, a term of which required him to keep the peace and be of good behaviour.”
Background:
Mr. Wheaton’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Wheaton is a 30-year-old single man who was born in Mississauga, Ontario. His parents separated before he was born, and he and his twin brother were mostly raised by their mother in North Bay, however they spent some time living with their father in Windsor. Mr. Wheaton played competitive hockey during his teen years and reportedly suffered multiple concussions. He completed high school and received a mining diploma from college as well as a certificate as a truck and coach mechanic. He worked in various casual labour jobs.
Mr. Wheaton has a history of substance use, including regular use of cannabis, alcohol, and crack cocaine since he was approximately 16 years old.
Criminal History:
- Mr. Wheaton’s criminal history is set out at page 6 of the Hospital Report. It includes convictions for theft under $5,000 (as a youth) and assault in 2014 (as an adult). It also includes convictions for escape lawful custody, mischief under $5000, theft of motor vehicle, failure to stop at scene of accident, and false alarm of fire, all arising from an incident on January 14, 2016, when Mr. Wheaton was subject to the jurisdiction of the Board and escaped from the North Bay Regional Health Centre (“NBRHC”).
Psychiatric History:
The Hospital Report outlined Mr. Wheaton’s psychiatric history before the index offences as well as under the jurisdiction of the Board in detail, and will not be repeated here. Briefly, Mr. Wheaton’s first psychiatric admission was in August 2014 when he was admitted to the NBRHC following an altercation with his mother’s common law spouse. Mr. Wheaton had also held a pellet gun to his mother’s head and threatened to shoot her and her spouse. Mr. Wheaton left the hospital against medical advice, did not take prescribed medications, and did not follow-up with outpatient care consistently. By January 2015, Mr. Wheaton’s mental status had deteriorated further and he was again making threats to kill his mother. He was living with her and she feared for her safety. Mr. Wheaton was brought to the hospital by police and the mobile crisis team in February 2015, and the index offences occurred while he was an inpatient on the Acute Inpatient Psychiatry Unit at the NBRHC.
Following the NCR finding, Mr. Wheaton was detained at the NBRHC. He was found incapable to consent to treatment in February 2015, and his mother became his substitute decision-maker. Mr. Wheaton was described as “reserved and guarded”, he had poor insight, and was refusing medications.
As was noted above, Mr. Wheaton incurred further charges in January 2016 when he absconded from the NBRHC. He was subsequently admitted to Waypoint Centre for Mental Health Care (“Waypoint”) for assessment, and was found fit to stand trial and ineligible for a NCR defence. He was returned to police custody and then the NBRHC. In May 2016, Mr. Wheaton was transferred to Waypoint, and he was then transferred to SJHCH in July 2017.
The Hospital Report noted that Mr. Wheaton was initially difficult to engage, mistrustful, inappropriate with staff, and often brought contraband onto the unit. He was noted to have positive family supports, however his mother was tragically killed in a car accident in December 2018. Mr. Wheaton’s father subsequently became his substitute decision-maker.
Mr. Wheaton’s mental status improved after he was started on Clozapine in September 2020. Mr. Wheaton was compliant with medication, and although he experienced some residual psychosis, there was no aggression or violence for several years. It was also noted that Mr. Wheaton was more open and forthcoming with the treatment team.
In February 2022, Mr. Wheaton was discharged to Emmaus Place where there was 24/7 supervision. He did well, and was granted a Conditional Discharge in June 2023. In January 2024, Mr. Wheaton moved to an independent apartment that is supported by Good Shepherd. He administers his medication independently from a blister pack.
Mr. Wheaton’s last positive test for cannabis was in 2016. The requirement to abstain from substances was removed from his Disposition last year.
The Hospital Report stated that Mr. Wheaton’s diagnoses are Schizophrenia and Cannabis Use Disorder (in sustained remission). He is incapable of consenting to treatment and his father remains his substitute decision-maker. He is capable of managing his finances.
Evidence at the Hearing:
The Hospital Report stated that Mr. Wheaton resided in his independent apartment this year and remained cooperative with the Forensic Outpatient Clinic (“FOP”) team. He is currently seen by his FOP case manager on a biweekly basis, and he remains engaged with the Good Shepherd Team 5, which see him twice a week. Mr. Wheaton continues to self-administer his medications and is cooperative with completing monthly blood work for Clozapine monitoring. His mental status has remained stable. Although his insight remains limited, the Hospital Report stated that Mr. Wheaton “remains adamant that he will continue to take medication even in the absence of forensic oversight” (at page 54).
Mr. Wheaton was an active participant in a variety of hospital run groups and programs, and reliably attended a weekly volunteering program at The Venture Centre. Although Mr. Wheaton was involved with a vocational counsellor, his file was closed in February 2025 due to a lack of engagement. Mr. Wheaton reported that he was fulfilled and happy with his volunteer work. He also attended a weekly social coffee group and a hospital run cooking group in the community. Mr. Wheaton also had a number of successful visits with his family in the Windsor area with no concerns.
The Hospital Report stated the following about the plan to have Mr. Wheaton followed by the Schizophrenia Outpatient Clinic (“SOC”) if he receives an Absolute Discharge (at page 60):
“He has been referred to the Schizophrenia Outpatient Clinic and had his rooming appointment (initial appointment) on January 24, 2025. He has been accepted by their services and will have his intake appointment at SOC on June 24, 2025, should he be granted an absolute discharge. Mr. Wheaton is agreeable to being followed by SOC should he be granted an absolute discharge. The FOP team will bridge care until he can be picked up by SOC in the event of an absolute discharge.
Beginning in April 2025, Mr. Wheaton began having joint meetings with SOC staff and his FOP case manager to begin building rapport with the SOC team so that he feels comfortable working with their team should he be granted an absolute discharge.”
Given the ongoing concerns about Mr. Wheaton’s incomplete insight into the nature of his mental illness and the risks associated with medication noncompliance, the Hospital Report stated that arrangements were being made for Mr. Wheaton to be subject to a Community Treatment Order (“CTO”). This would provide additional safeguards to ensure any problems with medication compliance are dealt with in a safe and expeditious manner, and would allow for Mr. Wheaton to be brought back to the hospital for evaluation should he experience a deterioration in his mental status. Dr. Sutton advised at the hearing that the CTO was completed the day before the hearing, on May 26, 2025.
The Hospital Report included an updated Psychological Risk Assessment that was completed in April 2025 by Dr. P. Sheridan. It concluded that Mr. Wheaton’s risk for violence was considered low if granted an Absolute Discharge with the monitoring and support provided by the SOC while maintained on a CTO, and the probability of his actions resulting in serious physical or psychological harm was considered moderate. Dr. Sheridan supported the clinical team’s decision to recommend an Absolute Discharge provided Mr. Wheaton continues to engage in ongoing psychiatric follow-up (at page 59).
The Hospital Report stated the following in the Clinical Risk Summary (at page 61):
“With the Schizophrenia Outpatient Clinic poised to assume Mr. Wheaton’s care in the event of an Absolute Discharge, the forensic team feels the remaining risk factors are adequately managed, and thus, Mr. Wheaton would no longer meet the threshold for significant threat to the safety of the public. As noted above, the CTO will provide an additional safeguard to ensure Mr. Wheaton’s transition to the non-forensic schizophrenia service proceeds in a seamless manner. In addition to the professional support offered by the SOC team, Mr. Wheaton continues to enjoy the strong support of his family members, who have been consistent advocates for him over the years. As mentioned in previous reporting years, Mr. Wheaton has expressed a long-term goal of eventually relocating to the Windsor area where he can be in closer proximity to his twin brother and father, whom he remains in close contact. In the meantime, Mr. Wheaton plans to remain in his independent apartment in Hamilton, with ongoing professional support provided by Team 5 in addition to the Schizophrenia Service. It is our hope that with this ongoing support Mr. Wheaton will continue to make positive strides with respect to his rehabilitation and recovery.”
Dr. Sutton testified that he has been Mr. Wheaton’s attending psychiatrist since 2018. He reiterated that Mr. Wheaton has been stable for a number of years and had a successful discharge to the community and then to an independent apartment. There have been no concerns about his adherence to Clozapine and he has not used substances since coming under the jurisdiction of the Board. Dr. Sutton testified that Mr. Wheaton meets with his case manager every other week, and he also meets with Good Shepherd Team 5 at his apartment. Dr. Sutton confirmed that Team 5 would continue its support of Mr. Wheaton after an Absolute Discharge.
Dr. Sutton testified that a CTO had been issued “yesterday”, and confirmed that Mr. Wheaton had been meeting with the SOC over the past few months. Dr. Sutton also confirmed that he and Mr. Wheaton’s case manager will provide “bridging care” and remain involved in Mr. Wheaton’s treatment over the coming months should he be granted an Absolute Discharge, in order to facilitate a smooth transition. Dr. Sutton noted that this plan had been discussed with Mr. Wheaton.
Dr. Sutton testified that Mr. Wheaton had been found incapable of consenting to treatment early on in his tenure under the Board, and he remains incapable. He explained that while there was some improvement in insight when Mr. Wheaton’s medication was changed to Clozapine, a plateau was ultimately reached, and it is unlikely that Mr. Wheaton’s insight will improve further. Dr. Sutton explained that because lack of insight was a “sticking point”, they wanted to ensure that there was a solid plan in place for Mr. Wheaton’s psychiatric care in the community before recommending an Absolute Discharge. He also stated that it was reassuring that Team 5 would continue to check on Mr. Wheaton at his apartment.
In response to further questions about Mr. Wheaton’s insight, Dr. Sutton stated that while Mr. Wheaton struggles to articulate the risks of stopping medication, or the benefits he receives from it, compliance has never been a concern, and he consistently states his ongoing intention to continue taking medication. Dr. Sutton stated that this demonstrates that Mr. Wheaton recognizes that the medication provides him with some level of stability. However, Dr. Sutton acknowledged that the external motivators of the Board, and now the CTO, provide another level of oversight.
In response to questions from Mr. Schloss, Dr. Sutton agreed that Mr. Wheaton has never pushed back on taking medication and he is dedicated to remaining substance free. Dr. Sutton also agreed that the fact Mr. Wheaton receives treatment under substitute consent from his father—both for his antipsychotic medication and the Community Treatment Order—provides an additional layer of oversight that can help support treatment adherence and risk management in the community.
Dr. Sutton testified that Mr. Wheaton benefits from strong familial support. He noted that Mr. Wheaton’s family demonstrates good insight into his need for ongoing medication adherence and are attuned to potential warning signs of decompensation. Dr. Sutton was confident that they would seek help or bring Mr. Wheaton to the hospital if they had concerns.
Dr. Sutton was asked about Mr. Wheaton’s plan to move to Windsor. He responded that it was his understanding that Mr. Wheaton planned to continue living in his current apartment in the short term. However, Dr. Sutton stated that Mr. Wheaton is mindful of the fact that he would need to set up professional supports in Windsor before moving there. Dr. Sutton was confident that the SOC would assist Mr. Wheaton in finding similar supports if he decided to move. It was also noted that Mr. Wheaton has been placed on waitlists for housing in the Windsor area, but this will likely take time.
In response to questions from the panel, Dr. Sutton testified that he did not believe that Mr. Wheaton has a personality disorder. He stated that the moderately high PCL-R score likely reflected symptoms or behaviours that were more prominent during an earlier phase of his illness, but which are no longer active or clinically evident at this time. Dr. Sutton testified that Mr. Wheaton has had not issues with peers or staff, and there have been no concerns about aggression or violence for several years.
Analysis and Conclusions:
Based on the Hospital Report and the evidence of Dr. Sutton, the panel concluded that Mr. Wheaton no longer represents a significant threat to the safety of the public. Mr. Wheaton is therefore granted an Absolute Discharge.
In coming to this conclusion, the panel carefully considered the decision of the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625 (“Winko”). In that case, the Court stated that a significant threat to the safety of the public must be: more than speculative in nature and supported by the evidence; significant, in the sense of there being a “real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying”; and the conduct giving rise to the harm must be criminal in nature. Further, the Court stated that there must be a positive finding of a significant threat to the safety of the public in order to support restrictions on an NCR accused’s liberty. Anything else, for example uncertainty, cannot suffice.
In the Winko case, the Supreme Court of Canada also stated that in coming to a conclusion on the issue of significant threat, a Review Board should closely examine a range of evidence including the circumstances of the original offence, the past and expected course of the accused’s treatment, the present state of the NCR accused’s mental condition, and the NCR accused’s own plans for the future, the support services existing for the NCR accused in the community, and the recommendations provided by experts who have examined the NCR accused.
The evidence was clear that Mr. Wheaton has made consistent and sustained progress during his approximately ten years under the jurisdiction of the Board. Most recently, he has successfully managed a transition into the community and has moved into an independent apartment. He has been abstinent from substances since 2016, and there have been no issues with medication compliance, or aggression or violence for many years. Although Mr. Wheaton’s insight into his need for medication has plateaued, and he remains incapable to consent to treatment, he has consistently stated that he will continue to take medication even if he is not subject to the jurisdiction of the Board. Words such as “adamant” and “invested” were used to describe Mr. Wheaton’s commitment in this regard. Mr. Wheaton also has strong support from his family, who have good insight into his illness and the need for medication, and are likely to reach out for help in the event that Mr. Wheaton experienced a decompensation in his mental state.
The presence of a robust community support plan for Mr. Wheaton was a significant factor considered by the panel in determining the appropriate Disposition. Mr. Wheaton has already been accepted into the SOC program, and he has begun to meet with them and get to know them. A CTO has also been issued, which will provide supervision and monitoring in the community to ensure that Mr. Wheaton takes his daily oral medication and receives the supports he needs in order to maintain his stability. For these reasons, the panel agreed with the joint submission of the parties that all of Mr. Wheaton’s risk factors are well managed in the community, and a positive finding of significant threat cannot be made. Mr. Wheaton is therefore entitled to an Absolute Discharge.
It was clear to the panel that Mr. Wheaton has worked very hard on his recovery over the years, and that he values his stability in the community. The panel trusts that he will continue to take advantage of the supports that have been set up for him, and we wish him well moving forward with his life.
DATED this 4^th^ day of July 2025, at the City of Toronto, in the Toronto Region.
Suzanne Clapp
Alternate Chair
Office of the Registrar
Ontario Review Board