Re Dale Cooper, 2025 CanLII 69696

Re: Dale Cooper

ORB File No: 8396

Hearing held on: Tuesday, June 3, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Section 672.82(1) of the Criminal Code

Before: Alternate Chairperson: Ms. L. Banks Members: Dr. M. Kalia Dr. T. Wilkie Mr. D. D’Intino Mr. S. Duffy

Parties Appearing: Accused: Dale Cooper Counsel: Mr. A. Rai The person in charge of hospital: Representative: Mr. K. Dow Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated July 17, 2025)

Introduction

1. On September 26, 2023, Dale Cooper was found not criminally responsible on account of mental disorder (“NCR”) on a charge of assault causing bodily harm, contrary to the Criminal Code of Canada.

2. He is currently subject to a Disposition of the Ontario Review Board (the “ORB” or “Board”) dated October 23, 2024 whereby he is detained at the Forensic Program at the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or the “hospital”) with privileges up to and including community living in supervised accommodation approved by the person in charge. Mr. Cooper is also required to abstain absolutely from the use of substances, refrain from possessing weapons, and refrain from contact with the victim of the index offence.

3. On June 3, 2025, the Board convened an early hearing at Ontario Shores Centre for Mental Health Sciences (Ontario Shores) to conduct a hearing pursuant to s. 672.82(1) of the Criminal Code. The purpose of this hearing was to determine whether Mr. Cooper continues to pose a significant threat to the safety of the public and if so, to determine the necessary and appropriate Disposition, which is also the least onerous and least restrictive means to protect the public in consideration of the circumstances, including his Indigenous ancestry.

Current Psychiatric Diagnoses:

• Schizophrenia
• Cannabis Use Disorder, Moderate – in sustained remission in a controlled environment;
• Amphetamine – type substance use disorder, Moderate – in sustained remission in a controlled environment;
• Cocaine use disorder, Moderate – in sustained remission in a controlled environment;
• History of reported traumatic brain injury

Index Offences:

4. The details of the index offences are extracted from the Hospital Report dated March 30, 2025, at page 2, which are as follows:

“On December 21, 2022, Mr. Cooper and the victim were in the common sitting area of the group home. Unprovoked, Mr. Cooper kicked the victim in the head and in the torso twice with his foot which caused the victim to fall towards the wall. At the time the victim did not receive medical attention.

On Friday, December 23, 2022, the victim attended the hospital and it was determined that they had several broken bones and internal bleeding, as a result of the assault. Police were contacted by the staff of the group home to report the incident.”

Without Prejudice Position of the Parties:

5. At the commencement of the hearing, Mr. Dow presented the Hospital’s position, which was that the current Detention Order Disposition should not be changed.

6. Ms. McDonald for the Attorney General agreed with this position.

7. Counsel for the accused, Mr. Rai, also agreed and thus the parties presented a joint position for the panel’s consideration.

Historical Background

8. Mr. Cooper has a history of motor vehicle accidents, head trauma, and being the victim of traumatic incidents, such as being stabbed and being shot in the foot. According to the Hospital Report, his mother believes that he began suffering psychotic symptoms after his most recent MVA, where he “rolled and totalled” his sister’s vehicle.

9. He has a history of mental health related hospitalizations beginning in 2014, as well as a history of being non-compliant with antipsychotic medications and being violent toward his family members. He has also used a variety of substances in the past, including cannabis, cocaine, crystal methamphetamine, MDMA and Percocet.

10. As illustrated in the Hospital Report and the Gladue Report, Mr. Cooper had a very traumatic upbringing, which included witnessing domestic violence in the home, parental substance abuse - including potential in utero exposure to alcohol, cannabis and cocaine – a familial history of mental health challenges, parental criminality and incarceration and parental divorce at age 10.

11. An Early Hearing was called as a result of last year’s Disposition, which ordered the production and disclosure of a Gladue Report. A Gladue Report was ordered on June 14, 2024, but could not be completed in time for Mr. Cooper’s last annual hearing, due in part to the report writer being unavailable for a period of time.

12. Last year’s Disposition ordered that the Early Hearing take place before April 21, 2025, but this did not occur due to a scheduling issue in defence’s counsel office, necessitating an adjournment to this date.

Evidence at the Hearing:

13. The Board had available the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. De Freitas, who was testifying on behalf of Mr. Cooper’s attending psychiatrist, Dr. Wong. The exhibits included a Gladue Report, dated March 19, 2025.

14. Dr. De Freitas testified by way of an update that Mr. Cooper remains quite psychotic and disorganized in his thinking, despite receiving large doses of Clozapine and long-acting injectable antipsychotics. The treatment team is considering a referral to CAMH for a MAPS assessment or even electroconvulsive therapy (ECT) at this point, because he remains quite unwell and his prognosis is guarded.

15. Mr. Cooper has accompanied community privileges but does not go out very often and has little interest in doing so. Mr. Cooper only uses “shadowed “indirectly supervise privileges which means that staff always have a direct line of sight on him. Staff presence allows for them to ensure that MR. Cooper does not access illicit substances.

16. The treatment team tried concurrent disorders treatment, however this was discontinued because of Mr. Cooper’s inability to process and retain information. An Occupational Therapy (“OT”) Assessment is forthcoming to determine Mr. Cooper’s required level of support in the community, but it is expected that he will require a significant degree of support if discharged to reside in the community. Furthermore, the doctor confirmed that once an OT assessment is complete, Mr. Cooper will be waitlisted for community housing.

17. In order to address his substance abuse challenges, referrals have been made to two Aboriginal-led programs, as recommended in the Gladue Report: the Aboriginal Mental Health & Addictions Program (AMHA) offered through Anishnawbe Health Toronto and 2-Spirited People of the 1st Nation’s “Red Road” weekly addiction programming.

18. The Gladue Report also recommended that:

• Mr. Cooper applies for support offered through Access Point;
• Mr. Cooper canvasses volunteer opportunities at the 2-Spirited People of the First Nations Powwow to be held at Downsview Park in Toronto on June 7, 2025;
• That Mr. Cooper accesses employment and education support from Miziwe Biik Aboriginal Employment & Training in Toronto;

19. Dr. De Freitas testified that the services provided by Access Point are also provided by the Forensic Outpatient Service, but the Hospital is looking into Access Point nonetheless.

20. She further testified that the Hospital had recently arranged to have Mr. Cooper attend the powwow which he was originally amenable to attending, but then later he changed his mind and did not wish to attend.

21. Lastly, Dr. De Freitas testified that Mr. Cooper was “not keen” on the services offered by Miziwe Biik, and that he felt he could find employment on his own.

22. In response to questions from Mr. Rai, Dr. DeFreitas confirmed that Mr. Cooper remains on the General Forensic Unit, has been medication compliant and while not physical aggressive he can become quite irritable, however, when he feels irritable, that he asks for as-needed medications.

23. In response to questions from the panel, Dr. DeFreitas testified that Mr. Cooper has not given an explanation for his seeming lack of interest in culturally relevant programming or meal options. Furthermore, she confirmed that she believes that the Hospital has done all it can to meet the cultural needs of the patient, but that he remains unwell and illogical.

24. The parties maintained the joint submission at the conclusion of the Hospital’s evidence and the parties presented no further evidence.

Analysis and Conclusions

25. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the panel accepts the joint submission position that Mr. Cooper poses a significant threat to the safety of the public and a continuation of the existing Detention Order Disposition with its existing privileges is the necessary and appropriate and the least onerous and least restrictive option in consideration of all of the circumstances, including his Indigenous ancestry.

Mr. Cooper suffers from a psychotic disorder, among other diagnoses. This psychotic disorder is suboptimally treated with his current medication regime, and he remains psychotic, as well as experiencing disorganized thinking and delusional beliefs.

26. He has a very long history of noncompliance with treatment and substance use which has led to aggressive and assaultive behaviours in the community and in hospitals. Mr. Cooper has very limited insight into his illness and requires a significant level of support to maintain compliance with medication.

27. Mr. Cooper does not yet have community housing in place, and when he does, he will require significant levels of support to manage his risk outside the Hospital environment and ensure medication compliance.

28. The panel unanimously finds that, absent a Detention Order and the strict oversight of the Hospital, it is likely that Mr. Cooper would disengage from treatment, become medication non-adherent and resume his substance use. This would lead to an exacerbation of his psychotic symptoms, which in the context of the index offences, led to violent consequences.

29. The panel has closely considered the considerations and principles outlined in R. v. Gladue¹, which apply to ORB hearings and decision-making. This finding is supported by the Ontario Court of Appeal decision in R. v. Sim², where the Court held that the Ontario Review Board has a positive duty to ensure that the unique factors associated with Aboriginal accused are presented and considered in making Dispositions.

30. The panel is satisfied that this positive duty has been discharged through its consideration of the Gladue report, and the testimony of the Dr. De Freitas. The panel is satisfied that the hospital is doing everything in its power to ensure that Mr. Cooper’s cultural needs are being met.

31. Therefore, the panel agrees with the joint recommendation that Mr. Cooper poses a significant threat to the safety of the public and that a continuation of the existing Detention Order with privileges up to and including residing in a supervised accommodation, approved by the Person in Charge, is the necessary and appropriate, least onerous and least restrictive Disposition in consideration of all of the circumstances, including his Indigenous ancestry.

DATED this 17th day of July 2025, at the City of Toronto, in the Toronto Region.

Mr. D. D’Intino Legal Member

___________________________ Office of the Registrar Ontario Review Board

Footnotes

1. 11999 CanLII 679 (SCC), [1999] 1 SCR 688
2. 2Can L11 37586 (Ont. C.A.)