Ontario Review Board
Re: Phoenix Panton-Sawyers
ORB File No: 7799
Hearing held on: Monday, June 9, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.81(1) and 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg Members: Dr. R. Wood Hill Dr. L.O. Lightfoot Ms. L. Banks Mr. J. Cyr
Parties Appearing:
Accused: Phoenix Panton-Sawyers Amicus Curiae: Mr. T. Whillier The person in charge of hospital: Counsel: Mr. K. Dow Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DECISION AND DISPOSITION
(Dated July 23, 2025)
On November 10, 2020, Ms. Panton-Sawyers was found not criminally responsible on account of mental disorder, on charges of assault and fail to comply with probation. Ms. Panton-Sawyers is currently subject to a Disposition of the Ontario Review Board dated February 20, 2024, by which she was ordered to be detained “at the Forensic Service of the Centre for Addiction and Mental Health”, Toronto (“CAMH”).
On Monday, June 9, 2025, the Ontario Review Board convened a hearing in order to conduct Ms. Panton-Sawyers’ annual review.
We note that the Ontario Review Board had set two earlier dates for this annual review. On February 4, 2025, the matter was adjourned. At that time, counsel advised the parties that Ms. Panton-Sawyers had been in a car accident and would not be able to attend for the hearing.
The matter came on for hearing again on March 18, 2025. Once again, the matter had to be adjourned. One reason was the patient’s refusal to attend for the hearing. As well, the Board had arranged for Mr. Whillier to represent her but the patient refused to take any telephone calls from Mr. Whillier. At that time, Dr. Ray met with the patient and was told she would not be appearing and that she did not wish to speak with Mr. Whillier. That panel appointed Mr. Whillier to act as Amicus. That panel also agreed that in the interest of justice, the matter should be again adjourned and that the patient should be encouraged to meet or speak with Mr. Whillier or any other counsel. We note that this date would deal with the annual review and also the Restriction of Liberty hearing.
On Monday, June 9, 2025, Ms. Panton-Sawyers did appear for her hearing. As well, Mr. Whillier appeared and accepted an appointment as Amicus. Ms. Panton-Sawyers was adamant that she be allowed to act for herself.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Mr. Dow appeared for CAMH. He advised of the hospital position that with respect to the restriction of liberty, it was absolutely necessary to move Ms. Panton-Sawyers from the Women’s General Forensic Unit (WGFU) to the Women’s Secure Forensic Unit (WSFU). Mr. Dow advised that Ms. Panton-Sawyers remains on the Women’s Secure Forensic Unit. Mr. Dow advised of the hospital position that Ms. Panton-Sawyers remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is a continuation of the current Disposition, namely, that she be detained “at the Forensic Service” at CAMH.
Mr. Feindel appeared for the Attorney General. Mr. Feindel supported the hospital’s recommendation.
As indicated, Ms. Panton-Sawyers was representing herself. When asked by the Alternate Chair what she was asking the Board to do, Ms. Panton-Sawyers was requesting that the Review Board “send me to France”. After being advised that the Review Board had no jurisdiction to do that, Ms. Panton-Sawyers then said, “Well in that case, I want an Absolute Discharge”.
Index Offence:
- "On June 4, 2019, Ms. Nedra Douglas was outside of a convenience store where her friend Ms. Rachel Hazzard, was standing with three or four of Ms. Hazzard’s children and Ms. Panton-Sawyers. Ms. Douglas tried calling over Ms. Hazzard’s daughter, Neveah, but Ms. Panton-Sawyers was preventing Neveah from going to either Ms. Douglas or Ms. Hazzard. Ms. Panton-Sawyers was saying that she did not want anyone to touch Neveah. She was following Neveah and seemed to be frightening her.
Ms. Panton-Sawyers approached Ms. Douglas and said “what are you doing with my kid, don’t touch her,” in reference to Neveah. Ms. Panton-Sawyers followed Ms. Douglas down the street, continuing to tell Ms. Douglas to stay away from the girl. She then pushed Ms. Douglas to the ground, hitting and scratching her in the face. She then bit Ms. Douglas’ hand in three places. Ms. Panton-Sawyers fled to a nearby apartment building at 415 Driftwood Avenue and was found in the lobby. She repeatedly swore at police but then was unresponsive once arrested, and screamed “get the fuck away from me” and “don’t fucking touch me, you’ll know what will happen.”
The victim, Ms. Douglas, provided an audio statement on the day of the offence, and stated that Ms. Panton-Sawyers said, “don’t touch her that’s her daughter,” seeming to imply that Ms. Panton-Sawyers believed that Neveah was her daughter. She followed her and was continually saying “don’t touch the little girl.” She said that Ms. Panton-Sawyers initiated physical contact by pushing her.
The mother of Neveah, Ms. Hazzard, stated that Ms. Panton-Sawyers would occasionally come to her door to ask for food or a cigarette. On the day of the offence, she threatened Ms. Douglas with a stone. They walked away, and then she slapped Ms. Douglas.”
Upon arriving at the police station, Ms. Panton-Sawyers yelled at officers not to touch her. She refused to engage with the officer booking her in. While she was initially agitated, she was not overtly psychotic at the time of the assessment.”
Evidence at Hearing:
The Board admitted into evidence a number of letters from CAMH to the Review Board. The first two letters made it clear that they were being provided to the Review Board “for information purposes only”. The third letter (dated November 25, 2024) reported that “Ms. Panton-Sawyers was transferred from the WGFU to theWSFU. Ms. Panton-Sawyers continues to be detained on the WSFU at this time.”
The Board also admitted into evidence a Hospital Report dated January 11, 2025 and an Addendum to that Hospital Report dated May 29, 2025. As the Hospital Report provides a great deal of information concerning Ms. Panton-Sawyers, her personal history, her mental health history, and details of the index offences, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
We do note, however, the current diagnoses, namely, Schizophrenia, Cannabis Use Disorder and Antisocial Personality Disorder.
In addition to the documentary evidence, the Board heard from Dr. Ray. Dr. Ray noted that Ms. Panton-Sawyers had been detained in the Women’s Secure Forensic Unit in February 2024. As noted in the CAMH letter, Ms. Panton-Sawyers was transferred from the WGFU to the WSFU on or about November 15, 2024 and has remained there to date.
Dr. Ray noted that her patient is being treated with long-acting injectable medication. She receives medication once every three weeks. The biggest issue concerns Ms. Panton-Sawyers’ lack of engagement with the clinical team. The doctor put it that this issue “fluctuates from time-to-time”. Ms. Panton-Sawyers was able to utilize level 3 passes. We understand this involves hospital and grounds passes escorted or accompanied by one staff member.
The doctor noted that the team engaged the services of the Medication And Psychology Psychosis Service (MAPPS) program. A suggestion was made by the MAPPS team that consideration should be given to treatment with clozapine. Ms. Panton-Sawyers is not agreeable to such treatment. We note that Ms. Panton-Sawyers has been considered incapable and that Ms. Panton-Sawyers’ mother is the Substitute Decision Maker. The doctor noted that treatment with clozapine requires weekly testing and taking of blood samples. The doctor is satisfied that Ms. Panton-Sawyers simply would not agree to the necessary protocol.
The doctor was aware of a complaint by Ms. Panton-Sawyers that she was able to use her cellphone on the Women’s General Forensic Unit but cannot use her cellphone in the Women’s Secure Forensic Unit. It also would appear that even while on the Women’s General Forensic Unit, at some point, the hospital did not permit Ms. Panton-Sawyers to use her cellphone. The reason for that decision arises from the frequent threatening phone calls that Ms. Panton-Sawyers made to her brother. The doctor also noted that one of the significant signs of Ms. Panton-Sawyers having difficulty was Ms. Panton-Sawyers’ decision to shave the hair on her head. The doctor s put it that this was an early warning sign of a likely deterioration her mental state.
As indicated, as a result of a number of factors, the decision was made to transfer Ms. Panton-Sawyers from the Women’s General Forensic Unit to the Women’s Secure Forensic Unit. That transfer took place on November 15, 2024. We were advised that Ms. Panton-Sawyers continues to reside in the WSFU. It is interesting to note that Ms. Panton-Sawyers settled reasonably quickly in the WSFU. It is also interesting to note in the hospital Addendum that between January and April 2025, Ms. Panton-Sawyers demonstrated increased motivation to engage with hospital programs. This engagement continued for a number of months and resulted in Ms. Panton-Sawyers being approved for level 5 passes.
On May 6, 2025, however, Ms. Panton-Sawyers is noted to have approached the nursing station and questioned her detention in hospital. According to the hospital Addendum, Ms. Panton-Sawyers demanded that the nurse open the door and allow her to leave. Ms. Panton-Sawyers also expressed frustration about having been found not criminally responsible and insisted that she “did not do anything wrong”.
Ms. Panton-Sawyers testified. She requested an Absolute Discharge. She stated that she chose not to speak to the doctor or hospital staff because they took away her privileges in January 2024. She also claimed to be treated badly by hospital staff and was upset that they took away her cell phone.
Final Submissions:
Mr. Dow, on behalf of the hospital, asked the Board to find that there was a restriction of liberty but that the restriction of liberty was totally warranted and that Ms. Panton-Sawyers’ stay in the WSFU from November 15 to date is the least onerous and least restrictive decision available to the hospital.
With respect to the annual review, Mr. Dow noted that the hospital is requesting no change, namely, a detention at the Forensic Service at CAMH with certain privileges and prohibitions. Mr. Dow acknowledged that if the Board were to specify levels of security, the hospital’s position is that Ms. Panton-Sawyers be subject to detention at a Secure Forensic Unit but with discretion given to the person in charge to transfer Ms. Panton-Sawyers to a General Forensic Unit should her condition improve to the point where that transfer would be appropriate. Mr. Dow acknowledged that such a Disposition would permit the hospital to continue in the Women’s Secure Forensic Unit and also if transferred would permit Ms. Panton-Sawyers to be detained in the Women’s General Forensic Unit.
Mr. Feindel agreed with Mr. Dow’s submissions.
Ms. Panton-Sawyer repeated her request to receive an Absolute Discharge.
Findings of the Board:
Restriction of Liberty
- The Board accepts that the transfer on November 15 from the Women’s General Forensic Unit to the Women’s Secure Forensic Unit was a restriction of liberty. In the Board’s unanimous opinion, however, that transfer was absolutely warranted and Ms. Panton-Sawyers’ ongoing stay in the WFSU remains the least onerous and least restrictive decision available to the hospital.
Significant Threat
- The Board accepts without hesitation the evidence of Dr. Ray and the evidence contained in the Hospital Report. We accept that at the present time Ms. Panton-Sawyers continues to be a significant threat to public safety. We note her limited insight. We note the events on May 6 where she continued to insist to nursing staff that she had not done anything wrong and that she should be let out of hospital on that day.
Necessary and Appropriate Disposition
As indicated the transfer to the Women’s Secure Forensic Unit was both necessary and appropriate. There is no doubt that a Detention Order is absolutely required. There is no doubt that Ms. Panton-Sawyers’ threat to public safety cannot be managed with anything other than a Detention Order.
This panel believes it appropriate to specify levels of security when making Detention Order Dispositions. We will direct that Ms. Panton-Sawyers be detained in a Secure Forensic Unit at CAMH but with discretion given to the person in charge to transfer Ms. Panton-Sawyers to a General Forensic Unit if and when it becomes appropriate to do so. We understand it is not necessary for us to specify the Women’s Secure Forensic Unit or the Women’s General Forensic Unit and that with our proposed Disposition, the hospital will be able to detain Ms. Panton-Sawyers if it is appropriate to do so in a women’s only unit.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Panton-Sawyers’ mental condition and her other needs, and Ms. Panton-Sawyers’ reintegration into society.
DATED this 23rd day of July, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
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Office of the Registrar Ontario Review Board