Re: Erick Krist, 2025 CanLII 72910

Ontario Review Board

Re: Erick Krist

ORB File No: 4090

Hearing held on: Wednesday June 11, 2025

Place of Hearing: St. Joseph’s Healthcare Hamilton

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

Before:

Alternate Chairperson: Mr. R. Bigelow Members: Ms. L. Maunder Dr. P. Prendergast (by video) Dr. G. Stones Mr. A. Mete

Parties Appearing:

Accused: Erick Krist Counsel: Ms. A. Szigeti

The Person in Charge of Hospital: Counsel: Mr. S. O’Brien Attorney General of Ontario: Counsel: Ms. J. McKenzie

REASONS FOR DISPOSITION

(Dated July 23, 2025)

Introduction

1. On December 1, 2004, Erick Krist was found not criminally responsible (NCR) on charges of sexual assault and fail to comply with a probation order contrary to the Criminal Code. Mr. Krist is currently subject to a disposition of the Ontario Review Board (the Board) dated June 18, 2024, ordering his discharge subject to conditions.

2. On Wednesday, June 11, 2025, the Board convened a hearing at St. Joseph’s Healthcare Hamilton (the Hospital) to review Mr. Krist`s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Krist was present and represented by counsel, Ms. Szigeti. The issues to be determined at the hearing were whether Mr. Krist continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.

Initial Positions of the Parties

3. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that it was the Hospital’s position that Mr. Krist continued to represent a significant threat to the public and that the necessary and appropriate disposition was a continuation of the current order with the only changes being the modification of the reporting requirement to not less than once per month and the deletion of the term requiring him to take medication and treatment as prescribed on his consent in accordance with section 672.55 (1) of the Criminal Code.

4. Counsel for the Attorney General supported the Hospital position.

5. Counsel for Mr. Krist submitted that her client no longer constituted a significant threat to the safety of the public and accordingly was entitled to be discharged absolutely. In the alternative, should the Board find that the threshold for significant threat continues to be met, she submitted that he would appreciate having his reporting requirements reduced to at most once per month. She further submitted that the term requiring him to take medication and treatment on his consent was clearly unnecessary given his history of adherence to medication.

Evidence at the hearing

6. The evidence at the hearing consisted of the Hospital Report dated May 20, 2025 (Exhibit 1), a written submission from Mr. Krist including a number of reference letters (Exhibit 2) as well as his oral evidence, and the oral evidence of Dr. Kolowole, Mr. Krist’s treating psychiatrist.

Findings:

7. For the Reasons that follow, the Board finds that Mr. Krist continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current discharge under conditions with the only changes to current terms being the change of condition 1(b) to require reporting not less than once per month, the deletion of condition 1(c) prohibiting consumption of intoxicating substances, the deletion of condition 1(g) requiring him to accept treatment on his consent and deletion of the residence requirement.

Index Offences:

8. The circumstances surrounding the index offences as summarized in last year’s Reasons for Disposition are as follows:

Mr. Krist shared a multi-level townhouse with Stephen Parkes in the city of Waterloo. They had resided here since September 2003. The victim, D. W., had been dating Mr. Parkes for the past two months and was at his residence for the first time on January 18, 2004. Mr. Parkes and Ms. W. were preparing for a staff party. Mr. Parkes introduced Mr. Krist to Ms. W. casually and they had a brief conversation earlier in the evening prior to leaving for the staff party. Mr. Krist then asked for some drinks and Mr. Parkes provided him with two alcoholic beverages. Mr. Parkes and Ms. W. returned to the townhouse at approximately 3:25 a.m. and went up to Mr. Parkes’ room. Mr. Krist’s room was located in the basement of the residence and he wasn’t seen upon their return. When Ms. W. left Mr. Parkes’ room to go home, she found a note that Mr. Krist had left attached to a Winnie-the-Pooh stuffed animal and a pair of boxer shorts. The note was explicit with sexual innuendos. Mr. Krist had written, “You are ridiculously hot and attract me. I wish I was inside of you. See figure on back.” He then wrote “And your pants.” On the reverse of the note Mr. Krist had written, “Sorry Stephen, I hope you don’t mind, I just had to tell her – she is.” Mr. Krist had also drawn a profile of a naked woman with himself inside.

After seeing this, Mr. Parkes and Ms. W. decided to confront Mr. Krist, but he wouldn’t answer the door. Ms. W. decided to confront the accused herself while Mr. Parkes was in his room. As soon as she knocked on the door, Mr. Krist answered and jumped back into his bed. She entered his room and asked about his note. He answered that he loved her. At that point he grabbed her leg and attempted to pull her into bed, saying that he loved her. Sher kicked free and tried to leave. She got to the doorway and he grabbed her with one hand around her throat and was hugging her, again saying how much he loved her. Mr. Krist pushed her to the ground, causing the back of her head to hit the concrete floor. Mr. Krist then picked her up, hugged her and continued saying that he loved her. Ms. W. asked why he hurt her and he replied that he loved her, let her go and stood there while W. Ran up two flights of stairs to get to Mr. Parkes’ room.

At 0434 hours Constable Trembly placed Ms. Krist under arrest for Assault and read his rights. A/Sgt. Morris was present when Cst. Trembly began reading Mr. Krist his rights and left the kitchen area. Mr. Krist immediately began screaming to A/Sgt. Morris to “get back in here.” He abruptly became hostile and directed it towards the female officer, A/Sgt. Morris. Constable Trembly read through the rights, but was unable to get any acknowledgement form Mr. Krist due to his tirade directed at A/Sgt Morris. Mr. Krist was escorted to Division 1 and he calmed down substantially once there was with only a male officer present. Once he arrived at Division 1, Mr. Krist saw three female police officers and he became extremely violent and overtly hostile to any female officer and he would not stop screaming. His counsel refused to speak to him because of all the screaming.

At the time of the index offence, Mr. Krist was bound by two separate probation orders with conditions that he keep the peace and be of good behaviour. These orders were in relation to a previous charge of Assault Causing Bodily Harm against a female and another incident where he was charged with three counts of Uttering Threats, two counts of Breach Recognizance, one count of Criminal Harassment and one count of Harassing Telephone Calls.

Background Information Regarding the Accused:

9. Mr. Krist is currently 45 years of age. When he was eight years old, he was taken to a therapist at the Children’s Aid Society due to behavioural and adaption difficulties. At the age of 11 his parents indicated that they were no longer able to control him and separated. He initially lived with his mother for two years and then lived with his father.

10. Although teachers indicated that Mr. Krist was bright, he would often not complete his homework and only obtained average marks throughout primary school. He was suspended in grade 8 due to fighting with a classmate. In high school he again only obtained average marks and was truant on occasion.

11. Mr. Krist attended Carleton University where he studied cognitive sciences but left the program after failing approximately four courses during his second year. File information indicates that he was asked to leave the Carleton campus due to disruptive behaviour.

12. Prior to the index offences Mr. Krist held a number of short-term jobs but frequently was fired due to conflicts with others and demonstrating a poor attitude. Subsequent to the NCR finding he had employment at CAMH at the Out of This World Café and the CAMH gardens and worked at Food Share part time for about a year. He started a number of businesses which were not successful either due to his readmission to hospital or for financial reasons. More recently, he has been self-employed and working on expanding his computer repair and web design business as well as a number of other prosocial activities outlined in detail in his written submission (Exhibit 2).

Substance Use History

13. Mr. Krist reports that he began using alcohol when he was 16, although hospital records indicate that his mother brought him into hospital when he was 15 due to alcohol intoxication and he was found to have a blood-alcohol level twice the legal limit for driving. Mr. Krist reports first using cannabis when he was 15 and engaged in daily use from 15 to 18. He also reported occasional use of cocaine, ecstasy, ketamine and methamphetamine.

Legal History:

14. Mr. Krist has the following criminal convictions prior to the index offences:

• September 19, 2002: Criminal Harassment, Uttering Threats x3, Failure to Comply with Recognizance x 2
• January 13, 2003: Failure to Comply with Probation x 2
• May 21, 2003: Assault Causing Bodily Harm (domestic), Failure to Comply with Probation

15. The Hospital Report indicates that the charges of criminal harassment and uttering threats related to verbal threats against family members and numerous aggressive telephone calls made to them including monetary demands and that the charge of assault causing bodily harm related to a domestic assault against a previous partner.

16. The Hospital report also indicates that Mr. Krist was charged with a domestic assault in 2001 but that the disposition of that matter is not clear.

17. Subsequent to the index offences, Mr. Krist was charged with theft under in August 2013 and was sentenced to time served after being incarcerated overnight.

Psychiatric History

18. In March 2002 while incarcerated at the Maplehurst detention Centre Mr. Krist attempted to cut his wrists with an X-Acto knife. He was described as exhibiting paranoia and grandiosity, and a psychiatric assessment indicated that Mr. Krist may have been suffering from a schizophreniform disorder and/or possibly a manic episode.

19. In April 2002 Mr. Krist was admitted to the Ottawa Civic Hospital on a Form 1. On admission, he was described as exhibiting “mild magical thinking,” his thought processes were overinclusive with occasional tangentiality. He was diagnosed with cannabis abuse disorder and antisocial personality traits.

20. In July 2002 Mr. Krist was brought to hospital by a family friend, who was also his surety with respect to charges of uttering threats against his parents, who had concerns with respect to her safety. Due to his unpredictability, anger and impulsivity he was placed on a Form 1. During his admission he did not display evidence of depression or psychosis but was described as “very angry and manipulative.” His discharge diagnosis was personality disorder, explosive type.

21. In November 2003 Mr. Krist was brought to hospital by police because of “bizarre behaviour”. He was described as being “scattered with pressured speech” and spoke with a number of different accents. He was admitted as an involuntary patient. He settled after commencing antipsychotic medication, but he continued to present as attention seeking and was verbally abusive to staff and his family. Although he did not admit to using substances, his discharge diagnosis was drug-induced psychosis.

Current Diagnosis

22. Mr. Krist’s current diagnoses are:

• Schizoaffective Disorder
• Stimulant Use Disorder (in remission)
• Cannabis Use Disorder (in remission)
• Unspecified Personality Disorder (Narcissistic and Antisocial personality traits)

Evidence of Dr. Kolowole

23. Dr. Kolowole indicated that he had been Mr. Krist’s attending psychiatrist for almost 3 years and that he had read and adopted the contents of the Hospital Report. He advised that Mr. Krist had a very good year had made significant progress in domains related to risk in particular the stability of his mental health, his adherence to medication, a reduction in the use of anxiolytics and his fifth year of abstinence from substance use. His insight also continues to improve, and he has established a better rapport with the treatment team. Due to those changes, the treatment team is of the view that the current degree of monitoring is no longer necessary which is why the Hospital is recommending a reduction of reporting from weekly to monthly.

24. However, Dr. Kolowole indicated that it remained the opinion of the treatment team that Mr. Krist continues to meet the threshold for significant threat. He noted Mr. Krist’s difficult and challenging history under the Board including ten readmissions to hospital from the community. He noted that Mr. Krist had no mental health related supports in the community and that the changes recommended in the disposition would provide Mr. Krist further freedom while allowing the treatment team to work towards connecting him with civil mental health supports. In his opinion, should Mr. Krist be granted an absolute discharge there would be a high risk of elevation of the risk factors which are currently well managed under the terms of his disposition.

25. Dr. Kolowole indicated that it was the plan of the treatment team that over the reporting year reporting would initially be reduced from once per week to twice per month and then to monthly followed by a referral to a non-forensic mental health support in the hope of a gradual transfer from the forensic system. He also noted that until shortly before the hearing, the treatment team believed that Mr. Krist was supportive of a continuation of the conditional discharge.

26. In response to questions from counsel for the Attorney General, Dr. Kolowole indicated that the 2022 risk assessment which indicated a moderate risk of violence remained valid.

27. In response to questions from counsel for Mr. Krist, Dr. Kolowole stated:

• He agreed that the Index Offences had taken place some 21 years ago and that Mr. Krist had displayed no physical violence since his NCR finding although there had been a number of incidents where physical and/or chemical restraints as well as seclusion had been required to control Mr. Krist’s behaviour.
• He agreed that Mr. Krist found it difficult to accept rules that he found unreasonable but that when well he did make an effort to abide by rules and that since his arrival at the Hospital, he had been entirely adherent to prescribed antipsychotic medication but noted that there was a history of nonadherence.
• He agreed that Mr. Krist had reduced his reliance on anti-anxiolytics over the reporting year and that this was both difficult and commendable.
• He agreed that Mr. Krist’s last positive urine screen was in early 2021 and that Mr. Krist acknowledges that he had a problem with cocaine and that it interfered with his life and his mental health. He now has significant internal motivation to refrain from the use of cocaine.
• He noted that although Mr. Krist had no non-forensic mental health supports in the community, as his doctor, he was ethically obligated to not abandon him should he be no longer under the jurisdiction of the Board. It was his understanding that Mr. Krist had a family physician in the Toronto area.

28. In response to questions from panel members Dr. Kolowole stated:

• He had not recently explored in detail Mr. Krist’s insight into the index offence and intimate partner violence. He was not personally aware of any psychological test dealing specifically with issues of risk of intimate partner violence but that such testing would be included in a formal risk assessment by a psychologist at the Hospital.
• Dr. Kolowole was referred to page 62 of the Hospital report under the heading “negative attitudes” where comments were made with respect to Mr. Krist’s attitude towards women and he indicated that there was no concern at the moment with respect to his treatment of women and noted that there were several women on the treatment team with whom he had regular contact.
• As the Hospital had been unaware that Mr. Krist would be seeking an absolute discharge there had been no discussions with him about exactly what he would be doing should that be granted, and he could not comment on Mr. Krist intentions with respect to remaining in Hamilton or returning to the Toronto area.
• Dr. Kolowole was asked to clarify his evidence with respect to a lack of physical aggression by Mr. Krist during his tenure under the Board, and was specifically referred to the portions of the Hospital report which he had quoted from earlier at page 58 of the Hospital Report relating to an incident in September 2021. He indicated that he had no personal knowledge of that incident but accepted that this was the report from hospital staff with respect to the incident.
• Dr. Kolowole indicated that should Mr. Krist stop his medication, decompensation would come sooner rather than later likely in days to weeks.

Evidence of Mr. Krist

29. Mr. Krist gave evidence as follows:

• With respect to the incident in September 2021 he stated that after the initial code white had been called, he retreated to his room, and he did not understand the reason a second code white was called. He denied kicking security staff, indicating that he merely moved his leg to attempt to get security off him and that he did not bite security staff, indicating that a security staff member placed their hand in his mouth to attempt to stop him from speaking. In summary he indicated that he was attacked by overly aggressive security staff and accepted no responsibility with respect to the incident.
• He indicated that his plan to manage his mental health going forward was to resume contact with a general practitioner at York University who he had dealt with previously although he had not had contact with that individual since before the Covid lockdowns. He believes that this Doctor would be able to recommend a psychiatrist for him. He was not objecting to seeing a doctor and noted that Dr. Pauls a psychologist from CAMH in particular had been quite helpful to him.
• His current plan was to return to York University and complete his degree and then follow with postgraduate studies, likely in Gestalt psychology, perhaps at McMaster.
• Although he indicated that he accepted that olanzapine assisted him in maintaining his stability, he believed that the current 10 mg dosage was likely too high and that a 5 mg dosage would be better. However, he would discuss this with his doctor prior to making any change.

Final Submissions of the Parties

30. Both counsel for the Hospital and counsel for the Attorney General, although agreeing that Mr. Krist had made significant strides since his arrival at the Hospital, submitted that the test for significant threat was met by the evidence. In their view Mr. Krist continues to require oversight and support to manage his risk and that there is no realistic plan being put forward for that oversight and support.

31. Counsel for Mr. Krist reminded the Board of how onerous the test for significant threat was in that there must be evidence of a real risk of serious physical or psychological harm to members of the public which is also criminal in nature and submitted that “no way” does the evidence in this hearing rise to that level. She noted that the index offences were some 21 years ago and that the last code white involving her client was in 2021. She agreed that Mr. Krist’s tenure under the Board had been turbulent but noted that some individuals have great difficulty tolerating the rule restrictions imposed on them. She also noted that he has now been abstinent from substance use for five years and is internally motivated to continue abstinence. She also submitted that he was motivated to figure out his medications.

Analysis and Conclusion, Significant Threat:

32. After considering all of the evidence before the panel, we have come to the unanimous conclusion that Mr. Krist, despite the substantial gains he has made in the last several years, continues to represent a significant threat to the safety of the public. He suffers from a major mental illness, Schizoaffective Disorder, as well as Stimulant Use and Cannabis Use Disorders (both in remission) and an Unspecified Personality Disorder (Narcissistic and Antisocial personality traits).

33. The Board notes firstly that Mr. Krist has no realistic plan for following up with mental health related supports and it appears that he has not given serious thought to his need for mental health supports in the community. He indicates that it is his intention to return to York University in the fall however, based on last year’s reasons for disposition that was also his intention last year and on his own evidence admission is dependent on him being able to rehabilitate his student loans between now and September. He indicates that he would see a doctor at York with whom he has not had any contact with since prior to the Covid lockdowns who may or may not continue to work at York. The treatment team is unaware of whether he intends to remain in the Hamilton area or move to Toronto. He also indicated that he does not believe that the current dosage of medication (Olanzapine, an antipsychotic) is appropriate and will be seeking a reduction.

34. The Board notes that Mr. Krist has had an extremely turbulent period under the jurisdiction of the Board and that only recently, after significant effort by the treatment team, has he established a rapport with the team and been able to establish a therapeutic relationship. Based on that history, it is reasonable to expect that, should Mr. Krist be able to find mental health supports in the community, it would take a significant amount of time and effort for those supports to establish a rapport and therapeutic relationship with him. Given the lengthy and turbulent history under the Board, the transition to the civil mental health system needs to be planned and actively managed and needs to be informed by an updated risk assessment.

35. Over the reporting year Mr. Krist has been reporting once per week with either his case manager or transitional case manager and has home visits once per month which are currently 2:1 due to his history of agitation towards previous caseworkers. The Board agrees with the view of the treatment team that despite the positive year:

Mr. Krist’s trust and openness with the forensic outpatient team is relatively recent. It will be important to solidify his relationship over the coming year or so to support Mr. Krist and his upcoming academic endeavours and support his transition to community mental health services.

36. Although the Board notes a significant improvement in insight with respect to the impact of substance use on his mental health, there is little if any evidence of an improvement in his insight with respect to the index offences, and his potential for violence as well as his attitude towards women.

37. The Hospital Report states at page 62:

Mr. Krist’s episodes of violence have been against women who were former intimate partners or towards whom he had made amorous statements. He has been belligerent and dismissive of women in authority, and holds the opinion that his legal problems are a result of women who have lied and a justice system that is biased in favor of women. It should be noted that Mr. Krist only expresses these ideas when angry, and has been largely respectful towards female staff over the last few years. Mr. Krist appears to be more likely to be violent towards former, current, or prospective intimate partners. His current disinterest in pursuing a romantic relationship is likely mitigating his risk for violence…… He minimizes his history of violence and blames his legal difficulties on his victims and legal authorities.

38. Those views also are consistent with Mr. Krist’s attitude towards the incident in September 2021 where he denies any responsibility of any kind with respect to it.

39. The Board notes that the most recent risk assessment update dates from 2022 and although Dr. Kolowole indicated that the results were still valid, the Board is concerned with respect to how much weight can be attached to its conclusions. The Hospital report indicates:

Unless there have been significant changes in dynamic risk or protective factors, psychological risk assessments are generally considered valid for two to three years; in some cases, where little change has occurred, they may be considered valid for five or more years. As detailed in the Hospital Report to the ORB, Mr. Krist experienced a successful reporting year following his discharge from hospital on April 2, 2024. Given that his treatment team is not recommending any significant alterations to his disposition and there have been no changes in his clinical presentation or risk factors, a comprehensive re-assessment of risk is not warranted at this time. The results of the psychological risk assessment update completed in 2022 remain valid.

40. It has been three years since the last updated risk assessment and the evidence is that there has been notable change in Mr. Krist’s clinical presentation. Therefore, it is difficult to understand why an updated risk assessment was not undertaken. Dr. Kolowole indicated that an updated risk assessment would include assessment of risk with respect to intimate partner violence which could assist in assessing the concerns raised above.

41. Taking into account all of the evidence, the definition of significant threat in the Criminal Code and the appellate court decisions interpreting significant threat, the panel is unanimously satisfied that despite his achievements of the past year he continues to represent a significant threat to the safety of the public.

Analysis and Conclusion, Necessary and Appropriate Disposition:

42. The Board finds that the evidence also establishes that the current disposition has managed Mr. Krist’s risk appropriately. However, given his success over the reporting year we agree that certain of the terms of that disposition can be altered.

43. Mr. Krist has been cooperative with the treatment team, attended all appointments and maintain stability over the reporting year and in our view, the level of reporting required by the current disposition is no longer justified and accordingly the reporting requirement will be varied to be not less than once per month. However, we do not believe that it is appropriate to limit the hospital to only once per month as suggested by Mr. Krist. The Hospital requires the ability to have more frequent reporting as they reduce their oversight and should they begin to see any signs of substance use or decompensation.

44. There have been no issues with respect to Mr. Krist’s residence for several years and we no longer see justification for a requirement that he reside at a specific residence.

45. Mr. Krist has been abstinent from substance use for the last five years and the evidence at the hearing was that he has developed insight into the impact of substance use on his mental health and is now internally motivated to abstain. The prohibition from use of substances is therefore no longer justified. However, given his history of substance use and the documented impact it has had on his mental health, we find that the term requiring providing urine and/or breath samples for the purpose of analysing and the ingestion of intoxicants continues to be justified.

46. We also agree with all of the parties that the requirement that Mr. Krist take medication and treatment as prescribed in accordance with section 672.55 of the Criminal Code is also no longer justified given his lengthy history of adherence to prescribed antipsychotic medications.

DATED this 23^rd^ day of July 2025, at the City of Toronto, in the Toronto Region.

Robert Bigelow Alternate Chairperson

Office of the Registrar Ontario Review Board