Re Blake Thomson, 2025 CanLII 72936

Re: Blake Thomson

ORB File No: 7516

Hearing held on: Tuesday, June 10, 2025

Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus Hamilton, Ontario

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

Before: Alternate Chairperson: Ms. L. Maunder Members: Dr. P. Darby Dr. G. Stones Mr. R. Bigelow Mr. A. Mete

Parties Appearing: Accused: Blake E. Thomson Counsel: Mr. A. Confente

The Person in Charge of Hospital: Counsel: Ms. L. Barney

Attorney General of Ontario: Counsel: Mr. B. Adsett

REASONS FOR DISPOSITION

(Dated: July 24, 2025)

Introduction

1On March 7, 2019, Blake Thomson was found not criminally responsible on Criminal Code charges of pointing a firearm, possession of a weapon for a dangerous purpose, and utter threat (x3). At the time of the hearing, Mr. Thomson was subject to a disposition detaining him at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton with privileges up to living in the community in approved accommodation. On June 10, 2025, the Board convened to conduct an annual review of Mr. Thomson’s disposition.

2All parties agreed that the evidence established that Mr. Thomson remained a significant threat to the safety of the public. All parties also agreed that a detention order was the necessary and appropriate disposition. For the reasons set out below, the panel agreed.

The Index Offences

3The only information the panel was given regarding the index offences derived from the police synopsis of the charges recounted in the Hospital Report. The facts in Court may have differed.

4On June 17, 2018, Mr. Thomson shared a house with his parents. He lived upstairs and his parents lived in a basement apartment. Mr. Thomson’s two sisters attended the basement apartment to visit with their father.

5After his sisters had been in the apartment for almost two hours, Mr. Thomson went into the basement carrying a handgun. As the synopsis sets out:

He was angry because he believed [his one sister’s] son had broken into his car, made a copy of his key using putty, shaved the hair off his dog’s tail, and drew blood from his dog, all so he could mix the blood with heroin because he was a drug user. He demanded that his sister return the key.

Mr. Thomson pointed the gun at her head and said he would shoot her in the head. When his other sister intervened (verbally), he said “You too”. He added that he would “take care of” his father too. Mr. Thomson then retreated upstairs.

6The police later searched the home with a warrant and found several legally owned firearms.

Background / Context

7Mr. Thomson is 51 years old. He was raised by his parents in a stable home with his three older siblings. His parents reported that he was an easy child and a “well behaved, intelligent adolescent.” He graduated from a chemical technology college program and held a full-time job with a meat packer for more than a decade.

8Mr. Thomson was in a serious car accident when he was in his late teens and suffered a head injury. His family reported that he changed as a result - he became more isolated.

9Around 2014 (when he was 40 years old), Mr. Thomson began to become more isolated, fearful and paranoid. He spoke of hearing witches and had persistent paranoid delusions about his dog. Although he was guarded at that time, in retrospect, he was experiencing command hallucinations. By 2018, shortly before the index offences, his family viewed Mr. Thomson as being a high risk of harm to himself, his parents and the community – he engaged in bizarre paranoid behaviour driven by delusions, he told his parents he intended to die by suicide and had held a gun to his head but been unable to pull the trigger, he was getting rid of his valuable possessions, and he shared with his parents that he wanted the witches voices in his head to stop.

10Mr. Thomson has no history of substance abuse and no criminal record. In October 2006, the police became involved when he engaged in some harassing behaviour after a breakup with a coworker. In the few years before the index offence, the police responded to calls from Mr. Thomson several times and believed he was unwell and delusional.

11After the index offences, Mr. Thomson was detained until he was admitted to Waypoint for a forensic assessment. He was disorganized, paranoid, and suspicious. He had no previous psychiatric admissions to hospital. Based on his time there and collateral from his family and police, he was diagnosed with schizophrenia. He had no insight into his illness – he denied having anything wrong with him. He was frustrated with his situation, believing it was unfair, and blaming his sisters for falsely accusing him of the index offences. Nonetheless, he was cooperative and posed no safety concerns.

12Mr. Thomson was found incapable of consenting to treatment but challenged the decision and then appealed the decision of the Consent and Capacity Board. As a result, he went untreated with even a single dose of antipsychotic medication for more than a year and a half.

13With treatment with antipsychotic medication, begun in September 2020, Mr. Thomson’s symptoms of schizophrenia abated. He was more organized, had less hallucinations, and was less paranoid. He agreed to have contact with his father. Since then, Mr. Thomson has continued to be cooperative with the team, has moved through the privilege ladder and used his privileges appropriately, has not been violent, and has participated in various programming activities. At the same time, his insight into his illness and need for medications has remained poor and he continues to have paranoid delusions including about his sisters and the index offence.

14Mr. Thomson’s mother died not long after the index offences. In late 2023, after an illness, Mr. Thomson’s father died. His father was Mr. Thomson’s only community-based support, and the loss has been a significant one.

15Mr. Thomson has been on waitlists for appropriate housing since mid-2022.

The Current Year

16Dr. O. Lee, a sixth-year forensic psychiatry resident working under the supervision of Dr. O. Kolawole, testified at the hearing. She had been involved in Mr. Thomson’s care since mid-March 2025, and she had read and adopted the Hospital Report.

17Mr. Thomson remained stable in hospital throughout the year. He was compliant with his medications, was relatively active, and pleasant and social with patients and staff. There were no incidents of concern.

18Mr. Thomson’s insight remains limited. He does not agree with his diagnosis or that he needs medications. He is incapable for treatment decisions. He complains of side-effects that are not likely caused by his medications. He participates in psychotherapy the goal of which is to improve his insight.

19As a result of the death of his father, the home that Mr. Thomson owned with his parents was sold. Because Mr. Thomson is deemed incapable for making property decisions, the Public Guardian and Trustee (PGT) oversaw the sale on his behalf. His belongings have been moved to a storage unit, but he had not been granted access to it. He has also not been given information about the sale – for instance, the amount of his proceeds from the sale. The unit Social Worker has been providing Mr. Thomson with excellent support dealing with the PGT, including by advocating for Mr. Thomson to receive funds for setting up his apartment and monthly expenses, and for him to receive access to his belongings and transparent information regarding the sale of his home. Nonetheless, these issues have been a source of stress and frustration for Mr. Thomson this year.

20For many years, Mr. Thomson has been apprehensive about being discharged into the community. In July 2024, he was offered a place in Community Homes for Opportunity (CHO) housing, a spot the team believed had appropriate support, but he declined because he would have to share a room.

21In February 2025, Mr. Thomson was offered a spot at Emmaus House, a transitional housing joint initiative between the Forensic Psychiatry Program and the Good Shepherd in Hamilton. Emmaus has single apartments, medication administration, and 24-hour support and supervision. Mr. Thomson accepted the spot and received the keys to his apartment on May 1st. Since then he has been visiting the apartment to get it set up and work towards his discharge. Occupational Therapy is assisting him with the process. Mr. Thomson has been progressing slowly but successfully towards the transition to community living.

Significant Threat

22The panel was satisfied that Mr. Thomson remained a significant threat to the safety of the public. Mr. Thomson is diagnosed with schizophrenia but does not believe he has a mental illness that needs treatment. He would surely stop taking his medications and fall away from psychiatric care, left to his own devices. His paranoia (which is ongoing, even when medicated) would worsen and he would experience distressing delusions and hallucinations. Mr. Thomson has no support other than that offered through the forensic program. He would be a high risk to reoffend by threatening or with violence. He would be a real risk of causing serious physical or psychological harm.

Necessary and Appropriate Disposition

23The panel agreed with the parties that the necessary and appropriate disposition was a continuation of the detention order on the same terms. Mr. Thomson remained in hospital at the time of the hearing. He has been afraid of making the transition to community living that he is now undergoing. It is a time of high stress. The hospital needs to be able to bring him back to hospital quickly if he decompensates or otherwise can no longer tolerate the transition. Dr. Lee testified that the Mental Health Act would not be sufficient to bring Mr. Thomson back to hospital and keep him there, if necessary. She also testified that the hospital needed to approve housing. We accepted this evidence.