Christopher Massey Jr. (Re), 2025 CanLII 76482

Ontario Review Board

Re: Christopher Massey Jr.

ORB File No: 7429

Hearing held on: Wednesday, June 18, 2025

Place of Hearing: Brockville Mental Health Centre

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

Before:
Alternate Chairperson: Mr. M. Segal Members: Dr. Y. Alatishe Dr. G. Eayrs Mr. G. Beasley Ms. R. MacIntyre

Parties Appearing:

Accused: Christopher Massey Jr. Counsel: Ms. C. Francis

Person in charge of hospital: Representative: Dr. J. Gray

Attorney-General of Ontario: Counsel: Ms. J. Masse

REASONS FOR DISPOSITION

(Dated August 1, 2025)

Introduction:

1Christopher Massey Jr, age 24, was on October 9, 2018, found not criminally responsible (NCR) on account of mental disorder on charges of assaulting peace officer with weapon or causing bodily harm, and assault with a weapon, all contrary to the Criminal Code.

2On June 18, 2025, Mr. Massey appeared before the Ontario Review Board (or the “Board”) at the Brockville Mental Health Centre (the Hospital) for his annual hearing. Mr. Massey had been the subject of a Restriction of Liberty hearing where the restrictions had been upheld on October 10, 2024. Mr. Massey had failed to return, was absent for a few days and had to be brought back to hospital. Exhibit 1 was a Hospital Report dated May 13, 2025. The Board also had before it the most recent Disposition and Reasons for Decision.

3In preliminary positions, all parties advised that significant threat to the safety of the public was made out and the current conditions should remain the same. Ms. Francis, for the patient, wished to explore whether her client’s desire to drink alcohol could be accommodated. Crown counsel opposed the lessening on the prohibition to drink alcohol.

4The facts related to the Restriction of Liberties are set out at paragraphs 6-7 of the Restriction Reasons.

5At the time of the breach, Mr. Massey was living in the FITT residence on the hospital grounds which is reserved for patients who merit liberal privileges. Because he missed his medication for two days, Mr. Massey had to be retitrated on clozapine. He is now on a somewhat lesser dose.

Index Offences:

6The circumstances giving rise to the index offences are set out in the hospital report and can be summarized as follows:

“February 23, 2018 -Assault with a Weapon

On February 23, 2018, the accused attended unit 21 at 50 Central Ave. in the City of Brockville. The address was the residence of the victims, Kevin H. and Eric T. The accused entered the apartment without permission and asked initially for marijuana and then beer. While the accused is known to both victims, neither consider him a friend nor an associate. Two other female friends of the victims were in the apartment as well. The accused appeared to be acting strange and was muttering something about torture at Guantanamo Bay. When the accused was refused the marijuana and alcohol, he entered the kitchen and began rummaging through items. The accused then entered the living room, holding a black handled steak knife in his right hand. The accused suddenly, and without provocation began slashing at victim, Kevin H's right forearm as Kevin H was seated on the couch. The accused tried to engage the victim in a physical fight. When the victim refused and locked himself in the bathroom, the accused followed him and began tapping on the door with the knife. The accused then looked back at victim Eric T., pointed the knife in his direction and told him not to say anything. The accused then picked up a Sony PlayStation gaming unit belonging to Kevin H. and left the apartment. The accused was still in possession of the knife when he left the unit.

Police units searched the area after attending but were unable to locate the accused. Victim, Kevin H., suffered approximately four superficial cuts to his right forearm, approximately 3" in length. He did not require hospital treatment.

On February 24, 2018, the accused was subsequently arrested by Brockville Police on King St. in Brockville. He was found to be wearing a jacket described by the victims and the jacket had what appeared to be human blood on it.

March 12, 2018 - Assault Cause Bodily Harm Peace Officer

On March 12, 2018, S/Cst. Henry Eekhout was acting within the performance of his duties as a peace officer as defined by the Criminal Code, functioning as a Special Constable for the Brockville Police Service, escorting Christopher Massey back to the Brockville Jail at which point Christopher Massey, the accused, struck S/Cst. Eekhout in the face with his head, commonly known as a head-butt, causing redness and swelling to S/Cst. Eekhout's face.

Massey was restrained and S/Cst. Eekhout attended to the Brockville General Hospital to seek medical assistance.

Eekhout suffered swelling, redness and pain in the area.”

Diagnosis

7Mr. Massey’s current diagnoses are:

• Schizophrenia
• Antisocial Personality Disorder

Personal History

8Mr. Massey was born in Brockville, Ontario. His mother, Kelly Francois, is forty-five years of age and resides in Brockville, Ontario.

9Mr. Massey's parents separated when he was approximately six years of age. Ms. Francois then married Kirk Francois who was reportedly physically abusive toward her.

10His mother described Mr. Massey as a child who was "out of control" and had "a lot of anger". She reported that he witnessed a tremendous amount of violence between herself and his father prior to the age of six. She stated that while in this relationship she would leave with her son for "nights at a time" to get away from the physical, verbal, and emotional abuse. She described his father as being an alcoholic.

11Ms. Francois left her husband when Mr. Massey was six years of age. She and her son moved to an apartment in Brockville. However, she indicated that she could not handle her son's behaviour and so he returned to live with his father shortly thereafter. His mother admittedly stated, "I abandoned Christopher, I don't lie about it", and explained this was to escape from the abuse that she had suffered.

12Mr. Massey resided with his paternal grandparents (Geraldine and Herbert) and his father on their farm in Lyn, Ontario. He was described as very close with his grandmother, and she was primarily responsible for his rearing. Unfortunately, his grandmother died of a heart attack when he was 11 years old which he reportedly witnessed. As well, his mother stated that Mr. Massey was blamed for her death, and that his relatives told him that "he killed his grandmother because of all the stress he caused her". Mr. Massey's grandfather also died after suffering a broken hip and subsequently acquiring pneumonia. This death was stated to have occurred just four weeks prior to Mr. Massey's first arrest, when he was approximately 13 years old.

13After the death of his grandparents there was an incident where Mr. Massey held his father and father's girlfriend hostage with a knife. He was initially sent to a group home, and then was placed with his mother's parents in Brockville by the Children’s Aid Society. It was at that time that his mother became involved with a man who would become Mr. Massey's stepfather. Mr. Massey was said to have again witnessed violence against his mother by his stepfather.

14While living in Brockville, Mr. Massey became involved with a negative peer group and had an escalation in his drug and alcohol use. He also incurred criminal charges.

15Mr. Massey has been involved with various psychiatrists intermittently since the age of eight. He was reportedly diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and was treated with Ritalin. Mr. Massey was not aware whether these medications were helpful.

16Mr. Massey's mother was unable to provide much information with respect to her son's behaviour throughout his childhood. She did indicate that he began breaking into cars at the age of twelve and began heavy drug use. She stated that he robbed a McDonald's while under the influence of substances a few years ago.

17Mr. Massey has no known employment history, and it is unknown if he graduated from High School. Mr. Massey has one son, Kayden, who is approximately sixteen years old.

18According to health care records from The Royal Ottawa Hospital Mr. Massey began using alcohol and marijuana at the age of twelve. This escalated to the use of cocaine, crack, Ecstasy, mushrooms, hash, LSD, Oxycontin, Percocet, Valium, and Lorazepam. He used cocaine heavily during his mid-teens.

Criminal History

19Mr. Massey has a very extensive criminal record which includes numerous offences of violence, breaches of court orders, property offences and drug possession. The criminal record begins in 2003 and continues to 2017.

Psychiatric History

20Mr. Massey has either been incarcerated or placed in a hospital for psychiatric issues most of his adult life. He was admitted to the Royal Ottawa Hospital in 2008 for a not criminally responsible assessment, and was experiencing symptoms of depression. In 2009 the hospital records refer to suicidal thoughts and not engaging in treatment. Over the years, the health records refer to paranoia, unusual behaviour and high agitation. In 2016 he was detained at Waypoint Centre for Mental Health Care (Waypoint), and described as irritable, paranoid and difficult to manage. In 2018, at Waypoint, he physically assaulted a staff member, repeatedly punching him in the face area causing injuries to his face and jaw. He was sufficiently aggressive and violent that restraints were required when he received his injections, and he spent considerable time in seclusion. He was sexually inappropriate with staff, distrustful and unwilling to engage. He had persecutory delusions about bikers and being framed.

21After being found NCR, Mr. Massey continued at Waypoint. There were episodes of being assaultive to staff in 2019, and he was again described as difficult to manage.

22The antipsychotic medication clozapine was introduced in February, 2020. Mr. Massey became less hostile and irritable, and began engaging with staff. With this improvement, Mr. Massey was transferred to Brockville Mental Health Centre (BMHC) from Waypoint.

23The past few years have seen modest improvements. His mental state became relatively stable, and his symptoms of schizophrenia, such as delusions and auditory hallucinations, have fluctuated.

Evidence at Hearing

24Dr. J. Gray, the treating psychiatrist testified. This past year there has been verbal aggression but no physical aggression. Since his return to the hospital, there has been no substance use. Mr. Massey has been compliant with his medication. There is a good relationship with his mother. They go for coffee and outings. Ms. Massey is reading on his own and wishes to take up schooling in September.

25There are weekly appointments with the psychotherapist. The plan was to engage in CBT for Psychosis but the focus has been restricted to goal-setting and discussions about stressors.

26Mr. Massey has received strong encouragement to attend groups and meet with an addictions counsellor. He has declined. In past, Mr. Massey used to positively participate in groups.

27Mr. Massey does not mention delusions as frequently as in previous years.

28Mr. Massey is lacking in the life skills that would assist with independent living. He has never worked for any length of time and has not lived on his own for any appreciable period.

29Mr. Massey would like to visit his uncle’s farm on the weekend and enjoy alcohol there. He has not visited yet, but Dr. Gray would like to see him go to his uncle’s if possible. As the uncle is not an approved person. A social worker would have to approve the setting.

30Dr. Gray considered the request to drink alcohol. At root, Dr. Gray would like to see Mr. Massey attend groups regarding substances and alcohol. Acknowledging Mr. Massey’s lack of interest in groups, Dr. Gray strongly endorsed 1:1 meetings with the addictions counsellor. While alcohol by itself is not a destabilizer in relation to psychosis, the same is not necessarily true about drinking in combination with substances. There are no patients in hospital who have privileges to drink.

31Dr. Gray agreed that alcohol played a role in the index offences. Mr. Massey’s history with alcohol and substances dates back to the age of 12.

32Final submissions mirrored opening submissions.

Analysis

33The Board is satisfied that significant threat is amply made out based on the evidence including the hospital report.

34The Board notes that alcohol use was related to the first index offence. Indeed the accused entered the stranger’s apartment in search of alcohol and cannabis before using a knife to stab at the victim. The patient started using alcohol and a variety of illicit substances in pre-teen years. In 2008, he reported consuming 26-40 ounces of alcohol per day. Blackouts then resulted. In the hospital report at p. 105, it is noted that Mr. Massey continues to voice his preference to get out of the system, drink beer and smoke marijuana. He does not see alcohol or cannabis as potentially detrimental to his health.

35Prior to July, Mr. Massey was in FITT House, a laudable accomplishment. The plan is to have Mr. Massey eventually return there. To expedite that possibility, meeting with the Addictions Counsellor would be a good first step, including on a 1:1 on basis. Generally, permitting alcohol is a privilege granted to patients who are on the cusp of fully reintegrating with the community to test their self-control and to promote accountability. Mr. Massey does not fit that profile. Alcohol should not be considered a reward for agreeing to see a counsellor. After all, it is the counsellor who is in the best position to assess the nature of the attachment to alcohol and recommend cautious steps to responsibility return to consuming alcohol.

36The Board would feel more receptive to Mr. Massey’s desire to drink if he embarked on a dialogue and sought the assistance of the designated counsellor. We wish Mr. Massey well in the coming year.