Ontario Review Board
Re: Frank Dawes
ORB File No: 8016
Hearing held on: June 20, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. S. Kert Members: Ms. K. Tomaszewski Dr. T. Verny Dr. J.C. Rose Ms. C. Plyley
Parties Appearing: Accused: Frank Dawes Counsel: Mr. W. Glover The Person in charge of Hospital: Counsel: Ms. J. Zamprogna Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DISPOSITION
(Dated July 21, 2025)
Introduction:
[1]. On January 21, 2022, Frank Dawes was found not criminally responsible on account of mental disorder ("NCR") on charges of robbery with a weapon (x2), fail to stop after an accident, fail to stop for police, resist or obstruct peace officer, breaking and entering with intent, dangerous driving, theft under and attempt robbery, contrary to the Criminal Code of Canada (the "Criminal Code").
[2]. Mr. Dawes is currently subject to a disposition of the Ontario Review Board (the "Board") dated June 27, 2024, detaining him at the Southwest Centre for Forensic Mental Health Care ("Southwest" or the "Hospital") with privileges up to and including the ability to live in the community of Elgin County, in accommodations approved by the person in charge.
[3]. On June 20, 2025, a panel of the Board convened to hold a hearing to review Mr. Dawes' disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Dawes was present for his hearing and was represented by counsel throughout the proceeding. Mr. Dawes' approved person was also present for his hearing.
[4]. The issues to be determined are whether Mr. Dawes represents a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
[5]. At the commencement of the hearing, counsel for the Hospital submitted that Mr. Dawes remains a significant threat to the safety of the public and recommended a continuation of the current detention order, with a widening of the geographical area for indirect community access, as well as for community living. Ms. Dalrymple, counsel for the Attorney General, agreed with the Hospital’s submission.
[6]. Mr. Glover, counsel for Mr. Dawes, took no position on the issue of significant threat to the safety of the public. Counsel also took no position on the necessary and appropriate disposition; however, Mr. Glover shared with the Board that Mr. Dawes is interested in expanding the geographic area for community living to include Guelph. Additionally, Mr. Dawes also asked the Board to consider a new provision allowing him to visit overnight with his approved person, who resides in Guelph.
[7]. For the Reasons set out below, the Board finds that Mr. Dawes 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 detention order with changes proposed by the Hospital. Mr. Dawes is also permitted passes for up to 36 hours, up to two times per year, with an approved itinerary, in Southwestern Ontario, accompanied by an approved person.
Index Offences:
[8]. The index offences are set out in detail on pages 2 to 7 of the April 25, 2025, Hospital Report, which was entered as an exhibit at the hearing. The following is a summary of the offences.
[9]. On April 2, 2021, Mr. Dawes stole a vehicle (a Jeep) from a female motorist near Guelph by threatening her with a large stick. Subsequently, he drove the Jeep dangerously through multiple towns, speeding, passing on the shoulder, and crossing into on-coming traffic. He was reported by several motorists.
[10]. After abandoning the Jeep, Mr. Dawes flagged down another motorist and received a ride back towards Guelph. He searched the vehicle’s glove compartment, apparently looking for a gun, and took a flashlight.
[11]. After being dropped off, Mr. Dawes stole a van from a male motorist’s driveway while carrying a pitchfork. He left the area in the van, driving dangerously, reaching speeds of 160 km per hour and evading police spike belts. After running over a second spike belt, the van came to a stop. Mr. Dawes fled into a home and threatened an elderly couple for their car keys using the pitchfork. He then exited the home and tried to steal a nearby BMW by threatening the driver with the pitchfork. Mr. Dawes was unable to operate the BMW and attempted to flee the scene. He was arrested by police. A police officer sustained a laceration to their nose because of Mr. Dawes’ attempts to resist arrest. Mr. Dawes was prohibited from driving at the time of these events.
Background:
[12]. The Hospital Report outlines Mr. Dawes' background, which need not be repeated here in detail. Mr. Dawes was 46 years old at the time of the present hearing. He was raised in Guelph. There is a family history of serious mental illness and substance use. Mr. Dawes has a grade 9 education and a limited employment history.
[13]. Mr. Dawes has a significant substance use history beginning at a young age which includes the use of alcohol, cannabis, crack cocaine, crystal methamphetamine and fentanyl. Between 1997 and 2021, Mr. Dawes is reported to have attended at hospital one hundred and eleven times, usually pertaining to substance misuse, intoxication or overdose.
[14]. Mr. Dawes’ first contact with mental health services was in 1993, at the age of 15. Subsequently, Mr. Dawes has had several psychiatric consultations and during his frequent hospital visits, symptoms of mental illness were noted including paranoia, mood fluctuations and hallucinations. Mr. Dawes’ mental health history reflects difficulties with adhering to medication regimes and a lack of continuity of care.
Legal History:
[15]. Mr. Dawes’s criminal history includes convictions in both youth and adult courts. The CPIC report summarized in the Hospital Report outlines twenty-seven sentencing occasions between 1992 and 2018. Mr. Dawes’ youth record includes convictions for property-related offences, failures to comply with various court-imposed conditions, and possession of a weapon. His adult criminal record reflects on-going failures to comply with court-imposed release conditions as well as property, driving and drug offences. Of note, there is an escalation of Mr. Dawes offending behaviour in adulthood, as evidenced by several convictions for violent offences, including assault with intent to resist arrest (1999), assault with a weapon (2005), uttering threats (2005), assault causing bodily harm (2006), assault (2016 x2), possession of firearm or ammunition (2018), and possession of a weapon (2018).
Current Diagnoses:
[16]. Mr. Dawes’ diagnoses at the time of the hearing were Schizophrenia (rule out Schizoaffective Disorder), Substance Use Disorder, and Antisocial Personality Traits (rule out Antisocial Personality Disorder).
Course Since Previous Hearing:
[17]. Mr. Dawes’ course over the past reporting year is outlined in the Hospital Report and will not be repeated in these reasons, save for an incident that resulted in a change in Mr. Dawes’ liberty norm. Briefly, following a change in mental status on December 31, 2024, and January 1, 2025, Mr. Dawes’ urine tested positive for cannabis metabolites. When searched by staff on January 2, 2025, Mr. Dawes had methamphetamine in his possession and his off-unit privileges were removed. By March 2, 2025, Mr. Dawes had returned to his liberty norm, indirectly supervised hospital and grounds privileges.
[18]. On May 16, 2025, Mr. Dawes had a restriction of liberty hearing pursuant to section 672.81(2.1) of the Criminal Code. The Board concluded that the decision of the Hospital to significantly increase the restrictions on Mr. Dawes’ liberty was warranted, and in the circumstances, represented the least onerous and least restrictive option. The Board found that the existing disposition at the time was appropriate.
Testimony of Dr. Quinn:
[19]. At the outset, Dr. Quinn outlined that he recently took over Mr. Dawes’ care. He was not Mr. Dawes attending physician over the past calendar year. However, he was Mr. Dawes’ attending psychiatrist in 2022 when Mr. Dawes first came to hospital.
[20]. Dr. Quinn testified that there have been minimal shifts in Mr. Dawes’ mental status since the previous reporting year. Mr. Dawes continues to experience psychotic symptoms daily, which are characterized as delusions of passivity where he believes his body is being controlled by the police and auditory hallucinations of the police talking to him. Mr. Dawes also experiences irritability, which is often driven by his perceived sense that the Treatment Team does not believe Mr. Dawes’ experiences are reality based.
[21]. Mr. Dawes has been compliant with his medication regimen in the context of significant supervision. In the past reporting year, there have been instances of suspected and confirmed diverting of his pain medication. For example, nursing staff observed Mr. Dawes removing a pill from his mouth and trying to conceal it. The medication, gabapentin, can be easily abused. It has since been replaced by Sublocade, an injectable form of suboxone. The doctor highlighted that Mr. Dawes is vulnerable to relapse with less supervision.
[22]. Mr. Dawes does not have insight into his need for treatment, his illness, his risk for future violence, or the impact of substances on his mental status. Dr. Quinn noted that Mr. Dawes has participated in some psychotherapeutic programming. The Treatment Team believes his attendance is externally motivated and he is typically described as not engaged during sessions.
[23]. With respect to the issue of significant threat, Dr. Quinn identified Mr. Dawes’ psychotic symptoms and lack of insight into his mental illness as important risk factors. Mr. Dawes continues to experience psychotic symptoms that are consistent with his presentation at the time of the index offences. Although medication compliance has led to an attenuation of symptoms, Mr. Dawes does not believe he needs medications. Importantly, Mr. Dawes also does not have insight into his violence risk and his rationalization for the index offences continues to be rooted in delusional beliefs. An additional area of concern is Mr. Dawes’ substance use disorder, which remains active. Mr. Dawes’ antisocial personality traits and criminal history are also risk factors for future violence.
[24]. Dr. Quinn outlined that a highly supervised setting is required when considering community living for Mr. Dawes. This is crucial for risk mitigation. In response to questions, Dr. Quinn noted that Mr. Dawes requires daily supervision of his mental status, monitoring for substance use, supervision of his medications, and awareness of the peer group he associates with. From the Treatment Team’s view, it is essential that housing is local because Mr. Dawes’ mental status fluctuates from day-to-day and even within a day. As a result, it is imperative that the Treatment Team be able to quickly attend Mr. Dawes’ residence and assess for those changes.
[25]. Dr. Quinn was not opposed to the inclusion of 36 hour passes to allow Mr. Dawes to visit with his approved person in Guelph. The Hospital has very good communication with Mr. Dawes’ approved person, who is described as having good insight into Mr. Dawes’ condition. If the Board saw fit to include this privilege, the doctor asked that the terms require an approved itinerary and that there be a limit placed on the number of passes per year. Dr. Quinn indicated that Mr. Dawes develops expectations around his privileges and can become irritable when his expectations are not met. Placing a limit on the number of passes would assist the Treatment Team with managing Mr. Dawes’ expectations, which can often derail clinical discussions.
[26]. No further evidence was called.
Final Submissions of the Parties
[27]. The Hospital maintained their initial position at the end of the hearing. In submissions, Ms. Zamprogna highlighted Mr. Dawes’ on-going psychotic symptoms that have the same quality as the symptoms present at the time of the index offences and lack insight across all domains. She outlined the link between non-adherence with medication, substance use, and Mr. Dawes’ history of violence. When considering community living, the Hospital submitted that a detention order is the necessary and appropriate disposition. The Hospital requires the authority to approve Mr. Dawes’ housing and a Warrant of Committal to bring Mr. Dawes back into hospital, if needed. This would allow the Hospital to ensure that the right supports are in place, that Mr. Dawes’ mental status can be closely monitored, and ensure that the team can respond expeditiously in the event of decompensation. For these reasons, the Hospital does not support a community living clause that extends to Guelph. The Hospital did not oppose addition of overnight passes (up to 36 hours) into the community of Southwestern Ontario, accompanied by an approved person; however, the Hospital asked that they be limited to two times per year to manage expectations.
[28]. Counsel for the Attorney General agreed with the submission of the Hospital, including the submissions regarding overnight passes with an approved person.
[29]. Mr. Dawes’ counsel, Mr. Glover, took no position on significant threat. He asked that the Board consider that Mr. Dawes’ recent substance use relapse did not result in violence. With respect to the necessary and appropriate disposition, he asked the Board to consider allowing Mr. Dawes 36 hour passes in Southwestern Ontario, accompanied by his approved person, leaving the number of passes to the Board to determine.
Analysis and Conclusion:
[30]. On the evidence the Board finds that the test for significant threat is met. Mr. Dawes lives with schizophrenia and a substance use disorder, both of which remain active at the time of the hearing. Historically, he has engaged in aggression and violence in the context of active symptoms of psychosis, treatment non-compliance and substance use.
[31]. Over the past year, medication compliance has supported some attenuation of Mr. Dawes’ symptoms; however, he continues to present with delusional and auditory symptoms that were present at the time of the index offences, which were serious in nature. He presents with no insight into his illness, his need for treatment, the impact of substances on his mental status and his violence risk. We also note that his engagement in treatment is externally motivated and facilitated by the high levels of supervision and support provided by the Treatment Team. At the beginning of the calendar year, Mr. Dawes used crystal methamphetamine, which resulted in an increase in the severity of his symptoms. Given their concerns about the possible escalation to violence, the Treatment Team intervened and restricted Mr. Dawes’ community access.
[32]. Mr. Dawes has since gradually worked his way back up the privilege ladder, with no further indications of substance use. He enjoys a supportive relationship with his approved person and their community outings have been without incident. However, given Mr. Dawes’ lack of insight across all domains, there remains a real risk that were Mr. Dawes to no longer be subject to the oversight and supervision provided by the team pursuant to a Review Board disposition, he would (as in the past when on his own in the community) return to regular substance use and become non-compliant with treatment. As described in the Hospital Report, his grandiose and persecutory delusions would intensify. This exacerbation of symptoms would “likely result in reckless and/or violent behaviours as he begins to incorporate benign individuals into his delusional system and react violently against perceived threats or aggression” (Hospital Report, p. 47).
[33]. Having found significant threat, we are also satisfied that a detention order is necessary and appropriate to manage the risk that Mr. Dawes poses to public safety. The evidence before us outlines that Mr. Dawes requires a significant degree of supervision to ensure medication compliance, abstinence from substances, and monitoring of his clinical status. Mr. Dawes’ substance use relapse while residing in a highly supervised hospital setting and the resulting change in his mental status in January 2025 is of concern to the Board. Outside of the context of active use, Mr. Dawes’ mental status fluctuates frequently, and he remains vulnerable to relapses into substance use. We accept the Hospital’s evidence that timely assessment of any changes in Mr. Dawes’ mental status is crucial to ensure that the risk to the public is adequately mitigated. For these reasons, it is imperative that the Hospital have the authority to approve Mr. Dawes’ community accommodation. We also agree that expanding the community living provision to include Guelph is not appropriate. This distance would not permit the Treatment Team to provide the high level of supervision that is required currently.
[34]. The Board supports the inclusion of a clause for 36 hour passes to Guelph, up to two times per year, with an approved itinerary and accompanied by an approved person. Mr. Dawes’ approved person has been an important source of support, and they are knowledgeable about his diagnosis and risk of relapse for both substances and psychotic symptoms. The inclusion of this clause supports Mr. Dawes’ reintegration and provides him with something to work towards in the coming year. We accept the Hospital’s position that a limitation on the number of passes is clinically indicated, given that Mr. Dawes’ advocates strongly for outcomes he views as deserved, even when they may not align with current possibilities. The Board reminds Mr. Dawes that the conditions in his disposition are not automatically given. They represent the most freedom he could have, and his Treatment Team determines when privileges can be safely exercised.
[35]. Accordingly, considering public safety, which is paramount, as well as Mr. Dawes’ mental condition, his reintegration into the community, and his other needs, we agree that a continuation of the current detention order, with the changes noted above, is the necessary and appropriate disposition for the coming year, and so order.
DATED this 21^st^ day of July 2025, at the City of Toronto, in the Toronto Region.
J. Christine Rose, Ph.D., C. Psych. Psychologist Member
____________________________ Office of the Registrar Ontario Review Board