Ontario Review Board
Re: Dylan Hill
ORB File No: 8523
Hearing held on: Tuesday, May 27, 2025
Place of Hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus
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: Dylan Hill 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 7, 2025)
Introduction
On March 20, 2024, Dylan Hill, now 28 years old, was found not criminally responsible on account of mental disorder (“NCR”) on charges of flight from a peace officer and dangerous operation of a motor vehicle, contrary to the Criminal Code. On April 29, 2024, he had his initial hearing before the Ontario Review Board (“ORB” or “the Board”). That hearing resulted in a Disposition dated May 2, 2024 pursuant to which he was ordered detained at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton, West 5th Campus (“SJHCH” or “the Hospital”), subject to various conditions (including a driving prohibition) and a full range of privileges, up to and including community living within Southwestern Ontario in accommodation approved by the person in charge of the Hospital.
On Tuesday, May 27, 2025, a panel of the Board convened in person at the Hospital to review Mr. Hill’s Disposition and fashion a new Disposition. Mr. Hill was present and represented by his counsel, Mr. Confente. The issues at the hearing were, first, to ascertain whether Mr. Hill represents a significant threat to the safety of the public, as that term is defined in s. 672.5401 of the Criminal Code, and if so, to determine the necessary and appropriate Disposition that is also the least onerous and least restrictive, having regard to the four sets of factors in s. 672.54 of the Code. During the hearing, a third issue was discussed, namely whether the Board should order the preparation of a Gladue1 Report, considering Mr. Hill’s Indigenous identity.
The evidence for the hearing consisted of the Hospital Report dated May 22, 2025 and the oral evidence of Dr. S. Baldeo, Mr. Hill’s attending psychiatrist.
Positions of the Parties
At the outset of the hearing, the parties were invited to provide their initial, without prejudice, positions on the issues to the panel. All parties agreed that Mr. Hill represents a significant threat to the safety of the public and that the necessary and appropriate Disposition was a Detention Order containing the same terms and conditions as provided in the current Disposition. The parties maintained their joint position at the conclusion of the evidence.
Regarding whether the Board should order a Gladue Report, no party requested that the Board should do so. Counsel for the Hospital stated that the Hospital was not opposed to such an order, and counsel for the Attorney General agreed with the Hospital. Counsel for Mr. Hill stated that he was not seeking a Gladue Report, and advised the panel that Mr. Hill was aware that the Board could order one if the panel thought it would be helpful.
Findings
- For the following Reasons, the panel found that Mr. Hill represents a significant threat to the safety of the public and that the necessary and appropriate Disposition is a Detention Order with no changes from the previous Disposition. Furthermore, having carefully considered whether to order a Gladue Report, the panel declined to make such an order. This topic is discussed below, at paras. 62-66.
Index Offences
- The index offences occurred on October 15, 2020, when Mr. Hill was 23 years old. The circumstances surrounding the index offences are reproduced in the form of police synopses at pp. 2-5 of the Hospital Report. A summary follows below, slightly modified from the Reasons for Disposition dated June 14, 2024:
On October 15 of 2020, a food delivery courier left his vehicle running while picking up an order from a restaurant in Dunnville, Ontario. Mr. Hill stole the vehicle. The driver’s cellphone was in it permitting the vehicle to be tracked. Police officers were dispatched and tried a rolling block at a ramp to a major highway near Oakville. An unmarked vehicle stopped to block Mr. Hill who deliberately drove into the police vehicle inflicting damage to it and pushing it about five meters. Mr. Hill then accelerated onto the Queen Elizabeth Highway without stopping. A second rolling block by vehicles with lights and sirens was attempted in Mississauga but Mr. Hill again successfully eluded the police. The police pursuit was stopped, however, Mr. Hill continued to be tracked in Toronto and York Region. Stop sticks were used but Mr. Hill avoided them. Eventually Mr. Hill ran out of gas in York Region and was arrested.
- When arrested, Mr. Hill was reportedly wearing only underwear (Hospital Report, p. 10) and was speaking “gibberish”.
General Background Information
The Hospital Report includes information from the NCR assessment report and from a risk assessment report prepared for Mr. Hill’s initial ORB hearing. Both reports were prepared by Dr. G. Chaimowitz. Together, these documents provide a great deal of information concerning Mr. Hill’s personal and family background. As the Hospital Report was made an Exhibit at the hearing, its contents are in evidence and need not be fully reviewed in these Reasons. Those portions that provide necessary context for the issues at this hearing, including Mr. Hill’s circumstances as an Indigenous person, are highlighted below.
In brief terms, Mr. Hill was 23 years old at the time of the index offences. He is single, with no children. He had been living with his father and grandmother although had been transient until shortly before the offences. His parents separated when he was 10 years old. His mother reportedly remarried when he was between 12 and 15. Mr. Hill has a younger brother and a maternal half-sister, each of whom is approximately eight years his junior. Mr. Hill reportedly left the family home to live with his girlfriend for two years. This relationship ended, reportedly due to Mr. Hill’s mental health issues, approximately four years prior to the NCR finding.
Mr. Hill was born in Brantford, Ontario near the Six Nations Reserve. He identifies as Haudenosaunee, Mohawk and Wolf Clan. He reported that he is Christian, that he used to go to church and used to attend the Longhouse. He described a happy childhood, with supportive parents.
Mr. Hill reported that his family moved a lot while he was growing up. He recalled having lived on the Six Nations reserve, in Brantford and Hamilton, and in Buffalo, New York. Due to these frequent moves, he changed schools multiple times. He said he generally enjoyed school, got along well with his teachers, and had a good group of friends. He reported his grades being in the 70% to 80% range. He recalled being bullied about his weight while in middle school but said this stopped in high school, which he completed on the Six Nations reserve. He reported taking four classes at Six Nations Polytechnic following his high school graduation but has not completed additional courses due to a lack of funding. He expressed a desire to return to school in the future, with a particular interest in studying psychology.
Mr. Hill has worked at several jobs, including as a mechanic for his stepfather, in construction for his maternal grandfather, and as a traffic guide for a maternal uncle. Most recently, he worked for his stepfather’s tobacco company but was asked to leave this job because he used cannabis while at work. He has been unemployed since then and is supported by the Ontario Disability Support Program (ODSP).
Mr. Hill reported spending most of his childhood living on the Six Nations reserve. He described engaging in his culture during this period, wherein he attended pow wows with his family, learned about the Creator, participated in community gardening, learned the Mohawk and Cayuga languages, and attended various other ceremonies and rituals. He reported spending time with and having a particularly close relationship with one of his cousins.
Mr. Hill denied any family psychiatric history, and specifically any history of mental illness or suicides. His mother suggested there may be some mental illness on his father’s side.
There is a significant history of family substance abuse, and Mr. Hill’s father reportedly has a criminal history.
The Hospital Report indicates that Mr. Hill experienced a number of very serious and traumatic events in his life which likely have not been addressed.
Mr. Hill’s medical history indicates that he was bitten by a dog on the back of his head when he was 12 years old. He required stitches but there is no other indication of a serious head injury, loss of consciousness or seizure disorder.
In his risk assessment report dated April 25, 2024, prepared for Mr. Hill’s initial ORB hearing, Dr. Chaimowitz observed that Mr. Hill presented with “ongoing symptoms of anxiety, specific panic attacks, and some OCD features”. Dr. Chaimowitz noted that Mr. Hill was not then receiving treatment for these conditions.
Substance Use History
Mr. Hill’s substance use history is most fully detailed, based on his own self-report, in the Psychological Risk Assessment portion of the Hospital Report (pp. 29-30). In brief terms, he started drinking alcohol at age 15 and using cannabis at age 16. He described drinking alcohol to excess, “partying” with friends. He would drink until he became sick and blacked out. As he grew older, he began to feel badly about his alcohol use and reduced his consumption to the point that he would have only a few drinks every other weekend after the age of 20. However, his cannabis use increased such that by the age of 20 or 21 he was smoking almost daily. He reported frequent cannabis use around the time of the index offences. His healthcare records indicate he consumed alcohol and was intoxicated around the time of the offences.
Mr. Hill described using cocaine occasionally starting, at age 22 or 23. He also used psilocybin (“magic mushrooms”). With reluctance, he acknowledged using fentanyl “a couple” of times, but his healthcare records showed that he met the criteria for Opiate Use Disorder in August of 2023, and was prescribed methadone treatment.
Dr. Chaimowitz made the following observations in April of 2024 pertaining to Mr. Hill’s ongoing substance use issues (Hospital Report, p. 21):
“Notwithstanding being in hospital, Mr. Hill’s substance abuse problems have continued and perhaps have modified in some ways. Alcohol had been a part in at least one of his offences charged against him from 2020, but he indicated he generally does not drink much. Also notwithstanding the fact that he said to me that he is not using marijuana, it does appear that his marijuana use may be active and ongoing while in hospital. He minimized this to me, but it is apparent that he also has developed a significant opioid addiction for which he is now receiving methadone. That appears to be a live issue as he also may be diverting his methadone to family.”
Legal History
- Mr. Hill had no criminal record prior to the index offences. However, he was charged with sexual assault and sexual interference involving a 12-year-old boy stemming from a brief incident of physical contact in a playground while Mr. Hill was under the influence of alcohol. The incident occurred on October 13, 2020, two days before the index offences. Those charges resolved with a guilty plea to simple assault for which he received a one-day jail sentence, plus a three-year probation term. The date of the conviction is not provided in the Hospital Report.
Psychiatric History
Mr. Hill’s psychiatric history prior to the index offences is of relatively brief duration, commencing in 2019, the year before the index offences. He accumulated a more extensive history between the commission of the offences in October of 2020 and the NCR finding in March of 2024. While that history is contained within the Hospital Report, various portions are scattered throughout the document and would benefit from editing and consolidation. In addition, some information pertaining to a hospital admission in November of 2020 appears to have been erroneously mixed with information from a November, 2021 admission (perhaps due to the similarity in dates). Accordingly, the review below is somewhat more detailed. In addition, the panel has found it helpful to include a description, in the chronology below, of the efforts made by the Six Nations Health Services’ Mental Health and Addiction Team to assist Mr. Hill, both before and after the offences.
Mr. Hill’s first psychiatric contact began with a referral by Six Nations Police to Six Nations Mental Health Services in July of 2019. The referral forms noted that Mr. Hill had seen traumatic events over the last few years that have affected him mentally, such as his aunt’s death and a fatal car accident (both noted above at para.19). One form stated that he had not been suicidal, but believed that nobody cares, and he had no one to talk to. He tended to see things that were not real. The other note stated that he was having PTSD symptoms and had broken up with a girlfriend.
On August 15, 2019, Mr. Hill’s father came into the Mental Health Services office, concerned for his son. Mr. Hill had been getting violent with him. He tried to fight him and punched him in the face. Mr. Hill reportedly became frequently agitated, including with other people. His father reported that Mr. Hill’s thoughts appeared to be confused, and he made nonsensical responses to questions or comments. He was using about 2 g of marijuana per day, drank frequently and had a history of cocaine use. The Hospital Report (p. 13) references three clinic visit notes in August of 2019; however, it is unclear whether the visits were by Mr. Hill or his father.
Mr. Hill’s first appointment with a psychiatrist was on September 10, 2019, when he saw Dr. Kathryn Macdonald of the Six Nations Health Services’ Mental Health and Addiction Team. He presented as depressed. Dr. Macdonald’s note indicated that it was unclear whether Mr. Hill had a depression with psychotic features or was experiencing the onset of a psychotic disorder such as schizophrenia. She thought he would likely require both antidepressant and antipsychotic medication but was more amenable to starting an antidepressant. She started him on fluoxetine at 20 mg per day.
Dr. Macdonald, who was recognized as having special expertise in providing mental health care to Indigenous populations, followed Mr. Hill through the rest of 2019 and into 2020 prior to the index offences. In a report to Mr. Hill’s counsel in October of 2020, Dr. Macdonald stated that Mr. Hill’s medication compliance was irregular and that he appeared to be developing schizophrenia. She wrote about ongoing but unsuccessful attempts to contact him for regular appointments, noting that his living situation was transient and that he would go missing for long periods of time, with family unable to find or contact him.
In May of 2020, it was noted that Mr. Hill experienced auditory hallucinations that mocked him.
Dr. Macdonald also noted that Mr. Hill was seen in the ER at Brantford General Hospital, St. Joseph’s Hamilton and West Haldimand on 11 occasions since March 2020, but despite evidence that he was unwell, he was not admitted. His family completed (Mental Health Act) Form 2 documents, and Mr. Hill was assessed in the ER and released. Dr. Macdonald reported that on Thanksgiving weekend of 2020, Mr. Hill stayed at a home that his family had been restoring and lit a fire on the porch to keep warm, damaging the house. He had been sleeping outside, sometimes building fires for warmth. Dr. Macdonald noted that a urine test on October 7 (eight days before the index offences) indicated that he had been taking his Fluoxetine and used some cannabis but showed no other drug use. She tried to see Mr. Hill for a home visit on October 9, but he refused to see her and walked away.
Mr. Hill was admitted to Oakville Trafalgar Memorial Hospital (OTMH) while in custody following his arrest for the index offences, from November 2 to 5, 2020, where he presented as paranoid and disorganized. He was then transferred to SJHCH, Charlton Campus, remaining until November 18. He was discharged to Six Nations Health Service, with medications of aripiprazole 20 mg per day and olanzapine 10 mg per day. His mother was named as his SDM.
Concern over Mr. Hill’s condition continued from December 2020 to February 2021, with reports of being disorganized and acting oddly.
In June of 2021, Mr. Hill reportedly became upset with his father, after being told to return to his trailer, and went after him with a baseball bat. There were no injuries. He was admitted to Brantford General Hospital due to medication noncompliance. He was re-started on Abilify (aripiprazole) and olanzapine and was to follow up with Dr. Macdonald.
Then, in July of 2021, Mr. Hill assaulted his mother who was his SDM at the time. His mother kicked him out of the house and his father became his SDM. The particulars of the assault are not stated.
A note from Dr. Macdonald on October 25, 2021, reported a recent altercation between Mr. Hill and his girlfriend. He accused her of stealing from him and contacted the police. Thereafter, he began to verbalize suicidal thoughts. His father reported that Mr. Hill has threatened to stab him.
Mr. Hill was admitted to the Acute Mental Health unit at SJHCH from November 5 to 18, 2021. Collateral information from his father, his SDM at the time, indicated that while Mr. Hill was originally taking his prescribed medication, he failed to follow up with Dr. Macdonald as directed, stopped taking his medication, and his mental state deteriorated. On the day prior to his admission, he attempted to hit his father for no clear reason. His father did not suffer any injuries. The next morning, his father found him in his bedroom holding a butcher knife to his wrist and threatening to kill himself. His family doctor was called and recommended that the police be called immediately. Dr. Macdonald came to the house when the police arrived. Mr. Hill was discharged on a Community Treatment Order (CTO), to be followed by Dr. MacDonald.
According to a May 5, 2022 note from Dr. Macdonald, Mr. Hill was doing quite well and was taking his prescribed medications. His CTO was renewed in June of 2022.
From August through to November of 2022, concerns were expressed about Mr. Hill’s housing environment (living with his father and grandmother) and his worsening engagement and medication compliance.
Mr. Hill was admitted to both Brantford General Hospital and SJHCH in December of 2023, although particulars of those admissions are not contained in the Hospital Report. He was then admitted to SJHCH, at the Schizophrenia Program, from January 26 to February 20, 2024. His father reported that Mr. Hill had begun threatening him again and had also assaulted his cousin. It was reported that he presented in an agitated state. His last CTO had expired in August of 2023, he had not received his long-acting injectable medication since then, and his mental condition deteriorated. When discharged, his medication was aripiprazole 400 mg every 28 days, olanzapine 15 mg at night and clonazepam 0.5 mg TID.
At the time of Dr. Chaimowitz’s risk assessment and Mr. Hill’s initial ORB hearing, he was an inpatient at the Hospital’s Schizophrenia Unit. He was transferred to Orchard 3 within the Forensic Psychiatry Program on May 6, 2024.
Evidence at the Hearing
Dr. Baldeo gave evidence to supplement the Hospital Report.
Mr. Hill is currently assessed as capable to consent to treatment and to manage his finances. As previously noted, he had previously been found incapable to consent to treatment, with his mother or father variously designated as his SDM. His current diagnoses as reported in the Hospital Report are schizophrenia and polysubstance use disorder, in partial remission. However, Dr. Baldeo testified that he would characterize him as having alcohol and opiate use disorder, in full remission in a controlled environment.
Dr. Baldeo confirmed that, as noted in the Hospital Report, Mr. Hill initially, and for some time during his first reporting year under forensic oversight, had difficulty transitioning to the change in environment and expectations of the forensic system, as distinct from the civil system.
Dr. Baldeo advised the panel that Mr. Hill does not currently endorse psychotic symptoms, indicating that his psychiatric medications are effective. He also stated that Mr. Hill’s methadone had been decreased and eventually discontinued. Mr. Hill continues to decline taking suboxone to manage cravings for substances.
Although Mr. Hill is capable of consenting to his treatment, Dr. Baldeo testified that his insight into his illness, need for psychiatric treatment, and substance use, is still limited. He has mostly declined to engage in substance use programming and other activities/events.
The Hospital Report sets out the privileges that Mr. Hill currently uses. Dr. Baldeo underscored that he uses full indirectly supervised community privileges (Level 4) for 12 hours, four times weekly. He is considered eligible for community living in approved housing. Historically, Mr. Hill has been reluctant to agree to supported community accommodation and has been reliant upon other options proposed by his family. As of the week prior to the hearing, Mr. Hill was prepared to have his name placed on housing program wait lists. Although he still wishes to pursue options of living with family, those options are not yet available.
Dr. Baldeo expressed his opinion that Mr. Hill meets the “significant threat” threshold, and in this regard referred to Mr. Hill’s criminal history, illness, substance use history, and lack of insight.
Mr. Hill’s counsel asked whether Mr. Hill’s history and culture have been integrated into his treatment plan. Dr. Baldeo replied that this has not yet happened, but it can be, particularly if his housing is to be on the (Six Nations) reserve. Dr. Baldeo said that he would support involvement with the Hamilton Indian Centre if Mr. Hill requested this. The Hospital Report (at p. 25) notes that Mr. Hill has thus far declined to engage with any Indigenous resources and supports.
Asked by his counsel about Mr. Hill’s community living assessment, Dr. Baldeo stated that the report was not yet complete, but from informal conversations, the result of the assessment was a poor one. That said, Mr. Hill does well in his activities of daily living (ADLs) and manages his passes without issues. In this regard, Dr. Baldeo agreed that Mr. Hill’s low scores on cognitive testing (conducted during the reporting period as part of the psychological risk assessment) could be a result of negative symptoms of his illness.
Dr. Baldeo confirmed that Mr. Hill remains willing to complete CBT for psychosis as well as to become engaged in substance use programming, although this has not yet occurred.
Mr. Hill’s counsel asked the doctor for an update as to the family’s support, in particular their involvement in the Approved Person process. It is noted that both Mr. Hill’s parents, as well as his sister Danelle, have visited him. Dr. Baldeo said that both parents have had the process explained to them but there has been no progress with respect to the submission of an application. Dr. Baldeo stated that there is some indication that Mr. Hill’s sister may come forward.
In response to questions from the panel as to how Mr. Hill uses his 12-hour indirectly supervised passes and whether such use could limit his participation in therapeutic programming, Dr. Baldeo said that Mr. Hill likes to go walking and hiking, which he pursues for the purpose of weight loss. Mr. Hill also wishes to visit the reserve, as he has social connections there. Dr. Baldeo acknowledged that the treatment team is trying to achieve a balance between program participation and Mr. Hill’s privilege use, noting that there is little value in trying to “force” program involvement.
Dr. Baldeo advised that Mr. Hill has used his community privileges for a visit to Caledonia and for several visits with his father, who lives in Hamilton with a girlfriend. He used a recent overnight pass to visit his father over the Easter holiday. He has not yet visited his mother or sister.
Asked whether he would find a Gladue report helpful, Dr. Baldeo said that he would encourage this if Mr. Hill would find this to be helpful.
No further evidence was led following Dr. Baldeo’s testimony.
During the parties’ submissions, Mr. Confente advised that he had previously canvassed the issue of a Gladue report with Mr. Hill, and did so again on the day of the hearing. While Mr. Confente acknowledged that it was within the Board's authority to order one, he specifically stated that Mr. Hill was not requesting a Gladue report. He noted that the process of preparing Gladue reports usually involves interviews that explore deeply personal, sensitive, and potentially traumatic events, and Mr. Hill was hesitant to participate in that process.
Analysis and Conclusions
The panel had no difficulty accepting the parties’ joint position and found independently that Mr. Hill represents a significant threat to the safety of the public. Mr. Hill suffers from a major mental illness, the effects of which are exacerbated by a polysubstance use disorder. On the evidence, Mr. Hill was actively engaged in both alcohol and cannabis use close in time to the index offences and used alcohol around the time of his assault of a child just two days earlier. While Mr. Hill has remained abstinent of substances since coming under the Board’s authority, and has used his extensive passes appropriately, these remain very early days and Mr. Hill’s insight into the risks associated with substance use is very limited.
The index offences clearly reflect a course of very dangerous behaviour. While Mr. Hill had no criminal record prior to the index offences, his behaviour in the few days before and especially thereafter, while continuing to suffer from his illness, is marked by violent incidents that also had the potential to cause serious injury to others. Some of those incidents involved the possession of weapons and in one case involved a threat to stab a family member. All of this occurred despite efforts by health care professionals, including Dr. Macdonald at Six Nations Health Services, to treat his illness. These efforts included the use of repeated CTOs.
The panel accepts Dr. Baldeo’s opinion evidence, supported by the Hospital’s risk assessment, on this issue. In this regard, we expressly accept the reoffence scenario (Hospital Report, p. 37) expressed as follows, noting that the scenario is amply supported by the evidence:
“The most likely scenario for reoffending is one in which Mr. Hill is no longer supervised, discontinues his psychotropic medication, and/or resumes substance use, resulting in the recurrence of psychotic symptoms and potentially disrupting the level of support received from his family members. In such a scenario, based on his history, Mr. Hill may become verbally aggressive and threatening with family members, with the potential for escalation to physically violent behaviour.”
As for the matter of Disposition, the panel agrees with the parties’ joint submission that the necessary and appropriate Disposition is a Detention Order, with no changes from the previous Disposition. Clearly, a Detention Order is necessary to manage the risk that Mr. Hill presents, and no party suggested otherwise. Mr. Hill has made good progress during his first year under the Board’s jurisdiction. He is stable on his medication, with which he remains compliant. There is of course more work to be done towards his community reintegration, including the development of his insight into his illness, need for medication, and the impact that substance use can have on his mental health.
In addition, Mr. Hill has established realistic goals and aspirations for himself, including continuing his formal education, pursuing employment opportunities, and remaining connected to his Indigenous culture and continuing to learn the Mohawk and Cayuga languages. These aspirations, together with community living, can be met and achieved within the current envelope of privileges.
As noted earlier in these Reasons, the panel has considered whether it should order the production of a Gladue Report so that it can be available for the next ORB hearing. We decided against doing so, for three main reasons.
First, Mr. Hill’s background and history as documented in the Hospital Report already contains a great deal of information regarding Mr. Hill’s Indigenous heritage, culture, his engagement with both, and the availability in his home community of mental health services geared to the needs of that community.
Second, the specific evidence in this case of Mr. Hill’s own experiences of trauma, substance use, and challenging family relationships has enabled the panel to gain insight into some of the key systemic matters that inform the application of the factors in s. 672.54 of the Criminal Code to the formulation of the necessary and appropriate Disposition in his case.
Finally, the panel was assisted by the remarks of Mr. Confente, counsel for Mr. Hill, expressing concern about the potential intrusiveness of the Gladue investigative process, including the need to interview not only Mr. Hill but also his family members. Having regard to the evidence in this case, particularly the traumatic nature of some of Mr. Hill’s life experiences, we do not see the benefits to be achieved from a Gladue Report as outweighing the potential harm that may be occasioned by the process of preparing such a report, at least at this early point in Mr. Hill’s recovery journey.
It may well be that in the future, as Mr. Hill’s journey toward community living and reintegration progresses, a Gladue Report should be ordered. Such a decision, however, should be taken based upon the evidence and the parties’ submissions at that time.
In closing, the panel would note the prior involvement of the Six Nations Health Service and the expertise of its Mental Health and Addiction Team. As Mr. Hill progresses toward community living and greater integration into his home community, should that continue to be his desire, it may be appropriate for his treatment team at the Hospital to reach out to that community service and its staff.
In approaching all of these issues, the panel has considered the evidence through the lens of the factors in s. 672.54 of the Criminal Code.
DATED this 7th day of July 2025, at the City of Toronto, in the Toronto Region.
Eric Siebenmorgen Legal Member
Office of the Registrar Ontario Review Board
Footnotes
- R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 S.C.R. 688. As to the Board’s duty to ensure that it has sufficient information as to the circumstances of an Indigenous accused person, including by ordering the preparation of a formal report, see R. v. Sim (2005) 78 O.R. (3d) 183, 2005 CanLII 37586 (C.A.) and Re Cooper, 2024 ONCA 484.