Ontario Review Board
Re: Dale Wyatt
ORB File No: 8765
Hearing held on: Thursday, July 3, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle Members: Dr. K. Hand Dr. M. Kalia Ms. N. Nathanson Mr. K. Brisson
Parties Appearing:
Accused: Dale Wyatt Counsel: Mr. S. Dimitrijevic
The Person in charge of Hospital: Counsel: Dr. K. De Freitas
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated August 1, 2025)
Introduction
On April 4, 2025, Mr. Dale Wyatt was found not criminally responsible on account of mental disorder on charges of aggravated assault, assault with a weapon, robbery, possess weapon for the purpose of committing an offence and attempt murder, contrary to the Criminal Code of Canada (the "Criminal Code").
The Court did not make a disposition and a Warrant of Committal was issued detaining Mr. Wyatt at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”), pending an initial Disposition of the Ontario Review Board (the “ORB” or the “Board”).
On July 3, 2025, a panel of the Board convened a hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Wyatt was in attendance and was represented by his counsel, Mr. Dimitrijevic.
Preliminary Matter
Two Victim Impact Statements were entered into evidence and read at the start of the hearing. The first, presented in person by Michelle Clifford-Middel; the second by Tannis Deloyola via video conference. Both detailed the terrible impact of the index offence which caused the protracted suffering and eventual death of Tom Williams, a Canadian music industry pioneer. He was a beloved family member and friend to many. Tom Williams’ death has caused deep emotional scars and ongoing struggles which are eloquently described by both Ms. Clifford-Middell and Ms. Deloyola.
Ms. Clifford-Middell’s and Ms. Loyola’s statements outlined the medical impact on Mr. Williams. His throat was severed. He underwent extensive surgery, including plastic surgery and vascular reconstruction. He was on a ventilator. He suffered multiple infections and isolation during Covid. He was left unable to walk with as Ms. Loyola described “no future mobility outside of his hospital bed”. As a result, he made the decision to end his life. This has had extensive impacts on Ms. Clifford-Middell, her husband and Ms. Loyola.
Without Prejudice Position of the Parties
Dr. De Freitas advised that the hospital was seeking a Detention Order Disposition, with the inclusion of community living provision and a designation to the Forensic Service at Ontario Shores. If need be, a specified designation to a General Unit within the hospital’s Forensic Service was requested.
Ms. MacDonald, on behalf of the Attorney General, advised that she accepted the Hospital’s recommendation, but was seeking the designation of a Secure Forensic unit if a unit specification was ordered. Ms. MacDonald added that she would have questions regarding the suitability of a community living provision within the Disposition.
Mr. Dimitrijevic stated that he adopted the Hospital’s recommendations and conceded the ongoing presence of significant risk posed by Mr. Wyatt.
Background and Index Offences
The circumstances of the index offences are taken from the Hospital Report dated June 20, 2025, as follows:
“On October 26, 2022, Dale Wyatt, checked into Motel 6 in Whitby under his own name. He booked room 109 for one night. Although check out was at 11 am, he was still in his room after 11 am the next morning. Both staff and management asked Wyatt multiple times, through the door, to leave without success. The front desk staff contacted the nonemergency number for police asking for police assistance in getting Wyatt to leave.
The hotel manager Jin Situ was one of the people who asked Wyatt to leave that morning. During cross-examination, Situ agreed that Wyatt was acting “unusual”, “weird” and “crazy”. He specified that Wyatt’s yelling when he was alone in his room, was “crazy”. When asked what Wyatt was yelling about, Situ indicated he was asking for an extension to stay at the hotel longer. Other hotel staff, including Maria Florez and Amanda Worobess also had some concerns about Wyatt’s “crazy” behaviour.
The police put together a compilation of video clips from security cameras in the hotel, showing what Wyatt did after he eventually left his room. The video showed him holding a saw behind his back and running down a hallway and out the front door of the hotel. Once outside, he immediately turned around and came back inside. He then lingered around the corner from the front desk, swinging the saw around, while the victim Thomas Williams was checking in.
After the victim checked in to the hotel and started heading down the first-floor hallway, Wyatt confronted him. The confrontation and the subsequent assault are caught on video. The video has its limitations in that there is no audio, and it is somewhat fuzzy.
What can be seen on the video is that without any provocation, Wyatt stopped the victim in his tracks by stabbing the saw into the wall in front of the victim. Wyatt immediately lunged towards the victim’s phone, which was in the victim’s jacket pocket. The victim prevented Wyatt from taking his phone and tried to back away. There was a very short exchange between the two of them, and then, within seconds, Wyatt used his left hand to hold the victim’s neck or chest and brought the saw towards the victim with his right hand. The victim was pushing the saw away from him. It was not long before the victim was on the ground and Wyatt was standing over him.
The video shows two bystanders come into the far end of the hallway just after the victim is taken to the ground. One of the bystanders stayed at the far end of the hallway, while the other, who appears to be a female with a long ponytail, ran towards Wyatt. It is apparent that she had nothing in her hands, as her arms were freely swinging back and forth. It appears from the video that Wyatt looked up at her momentarily when she stopped close to him, but then, without hesitation, he looked back down and continued the attack on the victim. The female then ran back to where she had come from.
When the victim is initially taken to the ground, it is unclear from the video if Wyatt was choking him or sawing at his neck, but it is apparent that Wyatt was exerting a significant amount of force to do whatever he was doing. At one point in the video, Wyatt moved from in front of the victim to behind him. After he moved, the video showed Wyatt sawing back and forth on the victim’s neck.”
Current Diagnoses
Schizophrenia
Cannabis Use Disorder
Antisocial Personality Traits
Rule out Intellectual Disability
Evidence at Hearing
Dr. De Freitas testified on behalf of the Hospital in her role as Mr. Wyatt’s treating psychiatrist. Mr. Wyatt was admitted to the Forensic Assessment Unit (FAU) on April 4, 2025. When he became ill in 2020, he remained untreated until November 2022 when placed in the Detention Centre. Since then, he has remained medication compliant. Mr. Wyatt is in remission at this point and has done well with treatment. He remains reluctant to accept injectable medication which, if accepted, would provide an increased assurance that he will remain treatment compliant. Mr. Wyatt has shown a desire to participate in programming. He is pleasant with staff and Dr. De Freitas therefore believes that he can be managed on a General Forensic unit.
Mr. Wyatt would be expected to progress via the exercise of hospital and thereafter community passes of increasing duration. Dr. De Freitas believes it is realistic that Mr. Wyatt may be ready for community living within the next 12 months. Mr. Wyatt is handling himself well on the unit.
Questioned by Ms. MacDonald, Dr. De Freitas reiterated that her patient has a cannabis use disorder. However, he knows he cannot use and would be caught quickly even on a General Forensic unit. If he were to use he would be returned to a Secure Forensic Unit.
If so ordered by the Board, Mr. Wyatt will very soon be transferred to a General Forensic Unit.
Dr. De Freitas reiterated that prior to his placement at the Detention Centre in November 2022, Mr. Wyatt had never previously received psychiatric care.
Ms. MacDonald referred Dr. De Freitas to Mr. Wyatt’s criminal history, set out at page 13 of the Hospital Report. Dr. De Freitas advised that those 2023 conviction related to offences which preceded the October 2022 index offences. Mr. Wyatt states that he was hearing voices when those offences occurred. It is therefore reasonable to believe that he was psychotic at the time of those earlier offences.
Mr. Wyatt advises that he does not like needles. Nevertheless, Dr. De Freitas intends to explain to him, closer to a future discharge date, that intramuscular medication may speed up his discharge date. She added that there are ways to ensure oral medication compliance within a supervised group home environment, which is the anticipated community placement.
Mr. Wyatt attributes the index offence to psychosis and is regretful for his actions. He currently has a limited degree of insight regarding his illness. He understands that if he stops his prescribed medications the voices he hears will return. He has largely not heard those voices for the past three months. He also lacks insight vis-à-vis his ongoing paranoia.
Responding to questions from the Panel, Dr. De Freitas opined that her patient is currently treatment capable. The doctor added that Mr. Wyatt’s insight is currently “not bad” as he wants to keep voices away. However, Mr. Wyatt is very far from taking the initiative of overseeing the taking of his own medications. Mr. Wyatt is not craving cannabis at this time but does not yet understand the negative impact of that substance on his mental state. The doctor was asked if Mr. Wyatt’s lower IQ is a concern relating to medication compliance as set out in the Psychological Report. Dr. De Freitas responded that the psychologist’s perspective is that Mr. Wyatt’s lower IQ could cause difficulties in retaining information.
Dr. De Freitas advised that the programming on the hospital’s General and Secure units is the same. However, patients on the Secure unit are limited to hospital grounds indirectly supervised passes to a maximum of 30 minutes, twice a day. The doctor added that Mr. Wyatt does not require the degree of security provided by a Secure Forensic unit.
Urine toxicology drug screens are done as needed. If it is observed that Mr. Wyatt returned to his unit in an intoxicated state he would be tested immediately.
It was suggested by a Panel Member that paragraph (e) of the Disposition Recommendations, which reads:
(e) passes for up to 12 hours to enter the community within a 150 kilometre radius of the Ontario Shores Centre for Mental Health Sciences, indirectly supervised;
be amended by adding “of Ontario” before within a 150 kilometer radius of… Dr. De Freitas responded that this was unnecessary as prior approval for passes was required from the person in charge.
Addressing questions with regard to amending paragraph (f) of the Disposition Recommendations, which reads:
(f) to live in the community in accommodation approved by the person in charge,
by adding a supervision requirement (“supervised accommodation”), Dr. De Freitas advised that her patient is likely to need at least supervised accommodation. The doctor added that since coming under her care three months ago Mr. Wyatt has done everything asked of him is doing relatively well.
Closing Observations
Dr. De Freitas submitted that community living in the next 12 months is a realistic possibility and that the current wording represents the least onerous approach. The inclusion of a community living provision would allow the hospital to apply for housing in the near future. Dr. De Freitas stated that narrowing community living with the additional specification of 24 hour /7 days supervised accommodation increases the wait time for placement.
Ms. MacDonald remains adverse to a community living provision as Dr. De Freitas has only treated Mr. Wyatt for the three months preceding this hearing. Mr. Wyatt is still in the early days of care by Dr. De Freitas and his insight is not yet fulsome. He has a history of violence and committed a violent index offence. Ms. MacDonald submitted that in the absence of Mr. Wyatt’s willingness to accept a long-acting injectable, in the event community living is granted, at the very least, it must be restricted to supervised accommodation. Ms. MacDonald emphasized that the Board’s primary consideration was protection of the public. Ms. MacDonald also advised that she was in favour of the addition proposed by the panel to paragraph (e) of the Disposition Recommendations, given the Hospital’s proximity to the United States by boat.
Mr. Dimitrijevic took no issue with a determination that community accommodation be supervised. He reminded the panel that all criminal events as well as the index offence occurred prior to the initiation of treatment. Once in custody, Mr. Wyatt learned that he has an illness and has remained adherent to medication. Mr. Dimitrijevic submitted that there have been no further behavioural issues subsequent to the initiation of treatment in the fall of 2022. Mr. Dimitrijevic submitted that even if his client is placed on a waiting list, community living is unlikely in the next year. Therefore, failing to place Mr. Wyatt on a waiting list for community housing would stifle his long-term rehabilitation.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Wyatt continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Wyatt continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. De Frietas that Mr. Wyatt continues to pose a significant threat. Additionally, as indicated at page 21 within the Clinical Risk Assessment:
It is the unanimous opinion of the treatment team that Mr. Wyatt remains a significant threat to the safety of the public. The most salient risk factors are his diagnosis of schizophrenia, cannabis use disorder, and antisocial personality traits.
As indicated at page 21 within the Clinical Risk Assessment:
If Mr. Wyatt were granted an Absolute Discharge, it is likely that he will fall away from clinical supports, discontinue his medication and relapse into psychosis. This would significantly increase his risk of grave physical and psychological harm to members of the public.
A Conditional Discharge is premature at this juncture. In the event of a community placement, Ontario Shores will require the ability to readmit Mr. Wyatt expeditiously and directly to Hospital should clinical deterioration occur to prevent an escalation of risk to the public.
The Board therefore accepts that absent an ORB Disposition, Mr. Wyatt would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Wyatt will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Wyatt continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Wyatt’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Wyatt provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Wyatt needs, the Board was attentive to Dr. De Freitas’ perspective that Mr. Wyatt is suitable to be managed in a General Forensic Unit at this time. He has been medication compliant since November of 2022, has responded to treatment and as a result, his symptoms are largely in remission. Although he has only been under Dr. Freitas’ care for some three months prior to this hearing he has shown a desire to engage in programming and is pleasant with staff. Absent any management issues, threats, or violence, the Panel sees no reason to restrict the Hospital’s ability to place Mr. Wyatt as it sees fit and to retain the ability to transfer him to a Secure Unit if circumstances warrant. We therefore decline to order a unit specification (General or Secure) and leave that ongoing discretion with the Hospital.
Paragraph (e) of the Disposition Recommendations is amended to read:
(e) passes for up to 12 hours to enter the community of Ontario within a 150 kilometre radius of the Ontario Shores Centre for Mental Health Sciences, indirectly supervised, approved by the person in charge;
The bolded additions serve to restrict passes to the confines of the Province of Ontario and attach the necessary and appropriate requirement of approval by the person in charge.
In the Hospital’s view, Mr. Wyatt may be ready for community living within the upcoming year. Mr. Dimitrijevic supported this view while Ms. MacDonald, Counsel for the Ministry of the Attorney General opposed it. The Panel prefers and accepts Ms. MacDonald’s submissions because Mr. Wyatt’s insight into his illness is not yet fulsome, he is currently resistant to long acting injectable medication, and he has only been under Dr. De Freitas care for three months. The Board also considered Mr. Wyatt’s significant violence of the index offence as well as his history of violence that includes sexual violence. While the Board recognizes the importance of including a community living provision in order to add Mr. Wyatt to community housing wait lists, the Board has concerns about Mr. Wyatt’s readiness for community living in the upcoming year. Accordingly, this Panel of the Board directs that any community living placement be restricted to 24/7 supervised accommodation, approved by the person in charge. Further, that the Hospital is to provide notice to the Board in the event that it is considering a community discharge so that the Board may approve any implementation of this term.
The Panel remains hopeful that Mr. Wyatt, who is deemed treatment capable, will come to accept injectable medication as the associated assurance of medication compliance is likely to facilitate community placement whenever he is deemed ready for this future step in his rehabilitation and societal reintegration.
DATED this 1st day of August 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Alternate Chairperson Office of the Registrar Ontario Review Board