Ontario Review Board
Re: David Girouard
ORB File No: 7692
Hearing held on: May 15, 2025
Place of hearing: North Bay Regional Health Centre – North Bay
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Steinberg
Members: Dr. M. Kalia
Dr. K.M. Hand
Hon. A. Sosna
Ms. D. Smith
Parties Appearing:
Accused: David Girouard
Counsel: Ms. M. Lord
The Person in charge of Hospital: Representative: Ms. J. Doyon
Counsel Mr. P. Trenker
Attorney General of Ontario: Counsel: Ms. D. McCaig
REASONS FOR DISPOSITION
(Dated July 14, 2025)
Introduction:
David Girouard was found not criminally responsible on February 7, 2020, of assault with a weapon and assaulting a peace officer. He has remained under the jurisdiction of the Ontario Review Board since that time and is presently subject to a disposition dated May 9, 2024, that orders his detention at the Forensic Programs of the North Bay Regional Health Centre and grants him privileges, the most liberal of which allows him to live in the community of North Bay in accommodation approved by the person in charge.
The Board convened a hearing at the hospital on May 15, 2025, as required by Section 672.81(1) of the Criminal Code, to review the disposition. At the outset of the hearing counsel for all parties indicated they supported the hospital recommendation that the necessary and appropriate disposition for the coming year involved continuation of all terms of the present disposition with no change.
Index Offences:
The facts of the index offences are set out in the April 16, 2025, hospital report, which was filed as Exhibit 1 at the hearing. Briefly stated, they are that on January 2, 2020, Mr. Girouard attended the YMCA at a location in Ottawa, seeking to rent a room. No space was available, and he was instructed to leave. He approached a woman sitting on a bench in the lobby and, while pointing a paring knife at her, told her she had to leave. When she told staff Mr. Girouard had a knife, he tried to stab her on her right side under her breast. As staff attempted to remove Mr. Girouard from the building he tried to stab a staff member and caused cuts to the staff member’s finger and knuckle on his right hand and a cut to his left thumb.
He was located outside the YMCA building by police but refused to drop the knife he held. He started walking toward a police officer while holding the knife and was tasered; however, he continued walking, as the application of the electronic weapon failed due to the winter clothing he was wearing. While walking toward the police officer he yelled at police to shoot him in the head.
A second application of an electrical weapon failed, and OC (pepper) spray was deployed at his eyes. He then turned and lunged at one of the police officers while holding the knife and appeared to be attempting to stab the officer. The officer had to jump over a snowbank to distance himself from the accused. Mr. Girouard tried to jump over the same snowbank but fell. He stood and tried to run again but fell and threw the knife into a recycle bin. He then laid on his stomach with his arms under his chest and refused to give his arms to police to be handcuffed. A struggle ensued and he was handcuffed and arrested.
Background and History:
Mr. Girouard is presently 55 years of age. He was born in Montreal and lived with his parents until they separated when he was aged ten. His father passed away in 2013. His mother lives in Laval, Quebec, and his sister in Montreal.
Mr. Girouard reports he has a son who lives in Laval, Quebec. His son has an eight-year-old daughter. He also has reported he has an adult daughter with whom he does not maintain a relationship. He completed his grade 12 education and worked as a janitor and house cleaner for about five years. He married in 1990 and divorced about a year and a half later.
His criminal history includes convictions for six counts of break and enter and one of possession of burglary tools in 1995. His sentence was suspended on those charges, and he was placed on probation for three years. He was previously found not criminally responsible in March 2000 for the offence of assault with a weapon and was absolutely discharged from the jurisdiction of the Ontario Review Board in July 2018.
Mr. Girouard’s psychiatric history is set out in the hospital report and indicates many incidents of non-adherence to his medication regime. He was first diagnosed with bipolar disorder at the age of 23 and Schizoaffective Disorder, Bipolar Type one year later. His first psychiatric contact occurred in 1994 or 1995, and he had several admissions to Montreal area hospitals in the 18 months prior to the initial 1999 offences for which he was found NCR in March 2000.
While subject to the jurisdiction of the Board before 2018, when he was absolutely discharged, cannabis use and medication non-compliance led to decompensation of his mental state and subsequent re-admission to hospital on several occasions in 2004, 2005, and 2012. He was admitted to the Ottawa Hospital’s Emergency Department on January 3, 2020, after having attempted to hang himself while incarcerated for the index offences.
Mr. Girouard has a history of alcohol abuse and has reported excessive drinking and alcohol related blackouts in the years 1996 and 1997. No incident of alcohol abuse since that time has been reported. However, he also endorses a history of chronic marijuana use beginning at age 13, usually smoking two to four cannabis joints per day.
Mr. Girouard reports having lived independently in the community for several years before losing his apartment and spending a period of eight months homeless. During that time, he attended detoxification centres on three separate occasions, although the length of each attendance is not clear from documentation.
The hospital report traces Mr. Girouard’s care while subject to the jurisdiction of the Board and details his treatment in the past reporting year. His current diagnoses are Schizoaffective Disorder, Bipolar Type, and Cannabis Use Disorder. He is capable of consenting to treatment and has been cooperative and compliant with his medication schedule. He agreed to increase the dosage of his psychotropic medication in recent months due to concerns about hypomanic symptoms.
His mental status has remained stable during the past year. Since August 2, 2023, he has been living at Maplewood House, part of the Transitional Rehabilitative Housing Program (TRHP), where he receives support from a multi-disciplinary team and engages in group activities and individual therapy. No plans are contemplated at present to transition him to an independent living situation.
He continues to experience auditory hallucinations, without engaging them, and reports progress when abstaining from cannabis use. He was readmitted to the hospital from July 10 to 17, 2024, after he used a substance he found in a tinfoil wrapper which he believed to be “bubble hash”.
He is said to have poor insight and judgment regarding his vocational goals and to struggle with independent living. He also experiences considerable difficulty managing his finances. As of March 2025, he continued to struggle with financial difficulties and was constantly searching for ways to make quick money.
A March 31, 2025, Risk Assessment conducted by Dr. Lariviere, Psychologist, referred to in the hospital report, indicates Mr. Girouard explained the commission of the index offences by saying he wanted to get off the street and thought by using a knife he could be arrested and returned to the hospital. An April 2, 2025, note from P. Green, a forensic outreach clinician, indicates that Mr. Girouard “has a pre-occupation with artificial intelligence” and considers it to be “the answer to all of his financial concerns”. He is said “to have swapped his addiction to cannabis for his obsession with gambling and ‘winning more money’. He prefers ‘get rich schemes’ as opposed to working.”
The hospital report notes that Mr. Girouard has a significant history of substance abuse but has been compliant with drug screening and actively participates in treatment. His last relapse, as noted above, was in July 2024. He has since declined offers to use substances.
Mr. Girouard has not been a management problem in the last year, is independent in daily living activities, and engages well with staff and co-residents at Maplewood House. He participates in community meetings, meal preparation, and recreational activities. In early May 2024 he independently secured a job as a dishwasher at a restaurant in North Bay but left after about a month, having found the work overwhelming and physically demanding. However, on his own initiative he recently secured employment at Algonquin High School.
Mr. Girouard maintains communication with family members and received visits from his mother and sister at Maplewood House during the spring of 2024. He continues to be troubled by financial difficulties exacerbated by gambling despite having the capacity to manage his finances. In January 2025 he borrowed money from co-residents, in violation of program rules, and later reported being unable to pay for rent due to gambling losses. In March 2025 he gambled away funds intended for rent and, after expressing a desire for help, agreed to a voluntary trusteeship to manage his finances. After securing the position at the local high school in April he reluctantly agreed to remain under trusteeship until his debts are settled.
The authors of the hospital report opine that Mr. Girouard poses a significant threat to the safety of the public, as he suffers from Schizoaffective Disorder, Bi-Polar Type, and when unwell presents with persecutory delusions, auditory hallucinations, and thought form disorganization. His judgment becomes impaired, and he behaves irrationally and violently. They note the serious nature of the index offences. In addition, while he has “mostly” good insight into his need for treatment, he continues to have persistent auditory hallucinations despite treatment.
In further support of their conclusion, they note he has a significant history of substance abuse and has struggled to abstain from cannabis use while subject to forensic oversight. He tested positive for fentanyl in July 2024 and has expressed a willingness to use substances as a means to gain hospital admission when overwhelmed with financial stressors. He has been found not criminally responsible in the past; has a history of anti-social behaviour; a history of non-adherence with psychopharmacological treatment and psychiatric follow-up when living in the community; a longstanding pattern of being oppositional to rules and expectations; a history of impulsivity (such as gambling and substance use); continues to experience financial difficulties; and has experienced difficulty establishing social connections in the community.
Notably, shortly after being granted an absolute discharge in 2018, Mr. Girouard stopped taking psychotropic medication and disengaged from psychiatric support. A significant deterioration in his mental status resulted and the second not criminally responsible finding occurred in February 2020.
Treatment providers are of the opinion that without regular supervision and structure from his treatment team Mr. Girouard may face challenges with motivation, insight, and follow-through in his daily routine, activities, and personal relationships. In their view, if left to his own devices, he will be at high risk of reverting to cannabis use or other illicit substances, to non-adherence to treatment, and consequent exacerbated symptoms of psychosis. They opine that without a structured and supervised environment Mr. Girouard remains at risk for clinical decompensation and potentially harmful behaviour.
Accordingly, they consider the necessary and appropriate disposition for the coming year to be continuation of all terms of the present disposition. They feel the person in charge must maintain the authority to promptly and proactively return him to the hospital in the event of decompensation of his mental status or relapse into substance use.
Evidence at the Hearing:
Dr. J.-G. Gagnon, Mr. Girouard’s treating psychiatrist for the past four to five years, testified on behalf of the hospital. He adopted and confirmed the contents of the hospital report. Staff is available at Maplewood House Monday to Saturday from 7:00 a.m. to 7:00 p.m. When not on-site, security staff monitor residents remotely. Maplewood House is transitional accommodation with an average stay of about 18 months. Dr. Gagnon stated that Mr. Girouard generally follows rules but continues to struggle with his finances, spending money on gambling and “get rich quick” schemes.
When overwhelmed he requests readmission to the hospital to ease his financial concerns. Dr. Gagnon noted that in the past when Mr. Girouard lost his residence, he became homeless, non-compliant with his psychotropic medication, and used illicit substances, resulting in a decompensation in his mental state. He suggested competent management of Mr. Girouard’s finances is necessary to avoid the downward spiral in his mental state caused by financial difficulties arising from his impulsive conduct.
Dr. Gagnon echoed the view of the treatment team that a further year under the terms of the present disposition is necessary for Mr. Girouard to demonstrate more stability, more thoughtful choices, and greater control of his finances. He agreed with the opinion in the hospital report that without his present level of support, Mr. Girouard would become homeless, revert to drug use, and fall away from care.
In order to progress from his present residence, Dr. Gagnon suggested that demonstration of greater financial stability, less preoccupation with artificial intelligence as a means of earning a living, stable employment, continued sobriety, and a reduction in impulsive conduct will be necessary. He found financial stability to be an essential consideration to the maintenance of Mr. Girouard's mental state. In his view, Mr. Girouard continues to require a great deal of support. He noted that Mr. Girouard’s bi-polar illness is not in complete remission and needs further treatment and stabilization.
Dr. Gagnon agreed with the suggestion of a panel member that gambling increases Mr. Girouard’s stress level and noted he has been referred to the Community Counselling Centre for gambling programming. He thought Mr. Girouard to be capable of reaching a state of full remission of his mental illness. Preferred housing would involve partnering with CMHA to find financially supported housing with staff, but unfortunately such placements are in short supply. Dr. Gagnon feels Mr. Girouard will need some sort of rent support, and treatment providers intend in the coming year to seek out such accommodation.
No evidence was adduced by counsel for the Attorney General or the accused. In their final submissions all counsel supported the hospital recommendation that there be no change to the disposition for the coming year.
Conclusion:
Having heard the evidence and considered the exhibits and the submissions of the parties, the panel concludes that Mr. Girouard remains a significant threat to the safety of the public for the reasons set out in the hospital report and noted above. The index offences were serious. He suffers from a major mental illness and when unwell he presents with persecutory delusions, auditory hallucinations, and thought form disorganization. His judgment becomes impaired, and he behaves irrationally and violently. He has a history of anti-social behaviour and a history of non-adherence with psychopharmacological treatment and psychiatric follow-up when living in the community. He fell away from treatment following his 2018 absolute discharge from the jurisdiction of the Board and subsequently committed the index offences. If not subject to the authority of a disposition at his present state of treatment, that history is likely to be repeated.
We also agree with the view of Dr. Gagnon that financial instability has a cascading effect in causing deterioration of Mr. Girouard’s mental state. He is subject to impulsive conduct which causes him to spend funds on non-essential items instead of food and rent. We agree that his mental illness requires further stabilization, and that greater control must be exerted by him over expenditures to avoid the deleterious effects of being overwhelmed by financial stressors.
In all the circumstances, having considered the four factors set out in Section 672.54, public safety being paramount, we conclude the necessary and appropriate disposition that is least restrictive and onerous for the coming year is continuation of all terms of the present disposition.
DATED this 14th day of July 2025, at the City of Toronto, in the Toronto Region.
R. Steinberg
Alternate Chairperson
Office of the Registrar
Ontario Review Board