Dale Nelson (Re), 2025 CanLII 69705

Ontario Review Board

Re: Dale Nelson

ORB File No: 7953

Hearing held on: Monday, June 2, 2025

Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. G.A. Chaimowitz Dr. H. Moulden Ms. C. Fromstein Mr. J. Cyr

Parties Appearing: Accused: Dale Nelson Counsel: Ms. P. Rochman

The Person in charge of Hospital: Representative: Dr. P. Darby

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DISPOSITION

(Dated July 17, 2025)

Introduction

1Dale Nelson, age 36, was found not guilty by reason of mental disorder on September 29, 2021, of second-degree murder, contrary to the Criminal Code.

2On June 2, 2025, Mr. Nelson appeared before the Ontario Review Board (the “Board”) at the Centre for Addiction and Mental Health (the “hospital”) for his annual hearing. Mr. Nelson is currently on a Detention Order.

3The hospital was recommending a Conditional Discharge. Crown counsel reserved their position at the outset. Mr. Nelson’s counsel agreed with the hospital. By the conclusion of the hearing, the Board found that although significant threat to the safety of the public continued to be present, a Conditional Discharge was the least onerous and least restrictive Disposition considering the safety of the public and the rehabilitation needs of the patient.

4Exhibit 1 was a Hospital Report dated May 21, 2025. The Board also had before it the most recent Disposition, the amended Disposition and the most recent Reasons for Disposition.

Diagnoses

5Mr. Nelson’s diagnoses are:

• Schizophrenia
• Intellectual Disability, mild severity
• Polysubstance Use

Index Offence

6The circumstances of the index offence as taken from last year’s Reasons for Disposition are as follows:

“On Monday, December 23, 2019, the victim, and the accused were outside of 182 Jamieson Avenue in the City of Toronto. Just before 2:00pm, witnesses began calling 911 advising that someone was being stabbed. When police arrived on scene, they located the victim suffering from a stab wound to the chest area and were advised that the suspect had fled on foot. The suspect was described as male, black and was wearing a black jacket. The victim was transported to St. Michael’s Hospital where he was subsequently pronounced deceased.

A short time later the accused presented himself to officers at 52 Division advising that he had just murdered someone and that he had stabbed the person. The accused was arrested for murder. The accused subsequently provided a further inculpatory statement to the police. Among other things, the accused confirmed that he knew the victim, that he had met that day by chance and that he had stabbed him, probably in his chest, with a knife from his house. He advised that the fight was about some money problem and that he thought the victim was “scamming” him. He also confirmed that he was schizophrenic and that he hadn’t been taking his medications since approximately September.

Police interviewed several witnesses. One witness, a motorist who stopped his vehicle, described seeing the two parties fighting and then the suspect stabbing the victim one time. A second witness, who was walking his dog in the area, described seeing the victim pointing at the suspect, saying “he stabbed me”.”

Background

7Mr. Nelson's personal history is extensively reviewed in the Hospital Report and will therefore not be repeated in these Reasons. Mr. Nelson was born in Jamaica in 1988 and immigrated to Canada with his mother as a teenager. His mother died shortly after their arrival. Since her death, his sister, Karen Johnson, has assisted him with his needs. Mr. Nelson was diagnosed with schizophrenia when he was in his early 20s. He has had past admissions for psychiatric care to hospital. He has been prescribed antipsychotic medication in the past but was not taking any at the time of the index offence. Mr. Nelson suffers from schizophrenia, mild intellectual disability, and polysubstance use, including crack cocaine and cannabis.

Evidence at Hearing

8Dr. P. Darby, who has been the patient’s psychiatrist since December 2023 when Mr. Nelson was released into the community, testified. Dr. Darby indicated that Mr. Nelson is doing exceptionally well. He has adjusted to LOFT housing. He gets along with staff and co-residents there. Mr. Nelson works five days a week at the Out of This World Café on the CAMH campus. He commutes to work two hours a day. He is a dishwasher and would like to try something else. He has been in touch with an employment counselor to assist with possibilities.

9Mr. Nelson has an excellent relationship with his family, particularly with his sister. His family attended the hearing. Similarly, his relationship with his forensic team and housing worker is strong. There has been no substance use in the reporting period. Mr. Nelson has been medication adherent and compliant with treatment.

10Significant threat remains considering his serious mental illness, the history of substance abuse and relapse, and the nature of the index offence.

11Mr. Nelson keeps his apartment clean. Passport funding is available but not used because of Mr. Nelson’s industry. Mr. Nelson did attend Frontier College some years ago for courses.

12There is a strong element of trust between the forensic team and Mr. Nelson.

13Mr. Nelson has some intellectual challenges but his presentation, including at the hearing, was polite and affable.

14The Mental Health Act would suffice to ensure a return to hospital if required.

Analysis

15Mr. Nelson is doing exceptionally well. He is very hardworking. He is prosocial. He has an excellent rapport with his forensic team and his family. He has been substance free for some time and is completely adherent to treatment and medication. He handles the responsibilities of commuting and taking care of his apartment perfectly. He is doing everything that one would want to see from a patient under Board supervision. Mr. Nelson is respectful, and it is apparent he has a good rapport with Dr. Darby.

16While significant threat continues to be apparent for reasons outlined by Dr. Darby and in the Hospital Report, the Board concludes that Mr. Nelson is ready for the next step in the process.

17The recommendation is to see that Mr. Nelson be placed on a Conditional Discharge with his residence specified on the exact same conditions as are found in the Detention Order including travel passes. The Board accepts this as the appropriate Disposition. We wish Mr. Nelson a good year.