Re: Thane Gauthier, 2025 CanLII 76493

Ontario Review Board

Re: Thane Gauthier

ORB File No: 8108

Hearing held on: Monday, June 16, 2025

Place of Hearing: Brockville Mental Health Centre

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

Before:

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

Parties Appearing:

Accused: Thane Gauthier Counsel: Ms. K. Irwin Person in charge of hospital: Representative Dr. A. Adiele Attorney-General of Ontario: Counsel: Ms. J. Masse

REASONS FOR DISPOSITION

(Dated July 28, 2025)

Introduction:

1Thane Gauthier, age 45, was on July 12th, 2022, found not criminally responsible on account of mental disorder on a charge of assault contrary to the Criminal Code. Mr. Gauthier is currently subject to an Ontario Review Board disposition of July 3, 2024, which detains him at the Secure Forensic Unit of the Brockville Mental Health Centre with privileges up to and including to live in the community of Brockville or Ottawa, Ontario, in accommodation approved by the person in charge.

2On June 16th, 2025, Mr. Gauthier appeared before the Ontario Review Board (the Board) at the Brockville Mental Health Centre (the Hospital) for his annual hearing.

3Exhibit 1 was the Hospital Report dated May 26th, 2025, and the CPIC Report was entered as Exhibit No. 2.

Preliminary Positions

4In preliminary positions, Dr. Adiele, for the Hospital, supported the patient’s counsel who advocated that a conditional discharge should result with conditions as noted in the hospital report. Crown counsel stated that she would not be of the same mind.

5At the conclusion of the hearing, the Board determined a conditional discharge with the terms and conditions specified in the hospital report was appropriate.

Index Offence:

6Last year’s Reasons for Disposition outline the details of the index offence as follows:

"On Monday 28 February 2022 at 426 Clarence St, in the City of Ottawa, both the accused, Thane Gauthier, and the victim, Cheryl Delfino, were present. Both reside at the address and have been in an on again off again relationship for several years. The accused asked the victim to stay with him in his room overnight as he did not wish to wake up alone. The victim agreed and the two settled for the night.

During the night the victim took off some clothing as she was too warm. The accused awake at the time then accused the victim of having sex with other men, a long-held paranoia that the accused has had toward the victim.

The victim reports the subject as manic at the time and elected to remove herself from the room to avoid a confrontation. The accused objected to this getting out of bed raising his fists into the air and threatening to assault the victim if she tried to leave, further stating that he would kill her.

The victim did attempt to leave with the accused then punching the victim several times to the left shoulder causing swelling and pain to the victim who cried out for assistance. The cries were overheard by a witness who reported the incident to police.

The accused upon arrest continued to show paranoid and delusional behaviours refusing to believe that the officers were in fact real police officers and continuing to state that he was with several law enforcement agencies himself. Due to ongoing risk to the victim, and the proximity of their living arrangements the accused to be held for show cause".

Diagnoses

7Mr. Gauthier’s current diagnoses are:

• Schizophrenia

• Stimulant Use Disorder (cocaine) – Moderate(currently abstinent in a controlled environment

• Cannabis Use Disorder – Moderate (currently abstinent while in a controlled environment

Background:

8Mr. Gauthier has been a poor historian. He lived as a child with his mother and then lived with his grandmother between 1998 and 2010, until she moved into a residential home following a dementia diagnosis. Since then, he has lived on his own in the community. He engaged in manual work which stopped following the development of some chronic pain. He received social assistance through the Ontario Disability Support Program (ODSP).

9Mr. Gauthier was trialed in an 8-hour supported accommodation at 31 Murray Street. In September 2024 he secured employment at the Holiday Inn Hotel where he works 40 hours weekly. His principal responsibilities include breakfast bar duties and assisting with hotel renovations.

10For some years, Mr. Gauthier believed he was married to the victim who he believed wished to resume the relationship. There is a no-contact or communication without her written revokable consent in his Disposition. This past year he has acknowledged that the relationship is over, and he has no interest in resuming it at all. He has removed his wedding band. The hospital report details several well- developed delusions held by Mr. Gauthier at some point.

Evidence

11Dr Anthony Adiele, the patient’s psychiatrist, testified. Dr. Adiele continues to be Mr. Gauthier’s attending psychiatrist. Dr. Adiele stated that Mr. Gauthier has done well this year. He is stable. There have been no incidents of concern. The year was marked by taking up residence in supportive living on Murray Street and full-time employment. Forensic outreach sees him once a week. Mr. Gauthier is engaged with his team. Mr. Gauthier has taken recommended therapy sessions.

12In December, Mr. Gauthier expressed an interest in cannabis use but was persuaded by hospital staff not to use in view of the heightened risk to his mental health. All drug screens have been negative.

13The hospital considered an absolute discharge but concluded the patient was not ready.

14Mr. Gauthier wants to return to Ottawa where his friends and family are located. The hospital advised Mr. Gauthier to defer such planning until after the Board hearing occurred.

15In the past, Mr. Gauthier has expressed dissatisfaction with his injections. His reservations were reality based. The injections caused swelling in his body. He was transferred to oral medication. He receives them at his pharmacy once a week.

16Last year Mr. Gauthier declined to enter the Inspire Program. This was not of concern to the hospital. This program is aimed at improving insight and Mr. Gauthier’s insight was improving. Mr. Gauthier had accepted employment, and his full-time status would interfere with attendance at the course.

17Dr. Adiele agreed that Mr. Gauthier has been reluctant to discuss his fixation with his former partner. Last year Mr. Gauthier was reluctant to speak about the victim. While not interested in discussing the issue, he says he has forgotten about her and will stay away from her.

18If Mr. Gauthier decompensated, it would probably take place over several weeks.

19There is no family doctor at present. Dr. Adiele was of the view that the Mental Health Act provisions would be adequate to respond to early signs of decompensation. Dr. Adiele was of the view that in Mr. Gauthier’s case, there is not much practical difference between a conditional discharge and a detention order.

20Mr. Gauthier now appreciates that his former beliefs that he was an FBI agent is a lie.

21Mr. Gauthier is not in a relationship now. He is focusing on working and saving money.

22All in all, it has been a good year considering the patient’s employment, treatment adherence, medication compliance, and lack of aggression.

23When probed about the possibility of returning to his former peer group in Ottawa, Dr. Adiele noted that substances are available in Brockville as well, but Mr. Gauthier has steered clear of them.

24Staff at the Murray Street residence check on medication adherence as does the forensic team. Mr. Gauthier is on paliperidone and olanzapine anti-psychotics. The olanzapine is not available by injection.

25Mr. Gauthier’s attitude is that he will take his medication as long as the Doctor tells him to. Medication is the key to his stability.

26If Mr. Gauthier moved to Ottawa, Dr. Adiele will continue to follow him.

27Mr. Gauthier is capable. He struggled on Community Treatment Orders in the past when he was unwell.

28The hospital report at page 43 noted possible relocation to Ottawa and transfer from supervised accommodation to independent living as a key risk factor. The risk analysis was concerned with treatment discontinuation given historical patterns. Mr. Gauthier continues to have limited insight regarding relationships.

Submissions of the Parties

29In final submissions, Crown Counsel reiterated the concern regarding a conditional discharge, partial insight and various risk factors. Patient’s counsel noted that transfer to Ottawa is in the infancy and that employment only began in September. Mr. Gauthier did take the hospital’s advice about holding off looking for a new place, but if he did end up in Ottawa, Dr. Adiele would be prepared to follow him. His client’s approach was to take one step at a time.

Analysis

30There have been some commendable advances. Mr. Gauthier has moved into supervised housing. He has taken up full-time employment where he is a valued employee. There are many moving parts in play. Many risk factors are articulated in the Hospital Report.

31Insight is still a work in progress. Mr. Gauthier’s attitude toward medication and its benefits is underdeveloped. His willingness to discuss issues about the index offence, and the victim are underdeveloped.

32There is extensive history of substance abuse and non-compliance. What is apparent is that for the past 8-9 months Mr. Gauthier has been on a positive trajectory. The Board is wary about risking this by a transfer to Ottawa. That course, at least in n the near future, is laden with risk. Because Mr. Gauthier take some of his medication orally, there is a need for close supervision.

33In any event, Mr. Gauthier needs to consolidate his recent gains and work with the hospital team on developing insight, opening an honest dialogue about relationships, including his former partner, slowing down plans to return to Ottawa, including a desire to reconnect a desire to reconnect with former peers, and developing relapse prevention strategies. Internal motivation respecting the need to take medication need be addressed. The Board agrees that the Ottawa plan is in its infancy and that careful work, one step at a time, is the correct approach.

34Mr. Gauthier lives in supportive housing. Dr. Adiele has recommended that this continues. The Board agrees.

35The Board agrees that considering the progress in the of the last 8-9 months, a conditional discharge is warranted.

36To consolidate the recent gains and to support continued progress, the Boad will specify an address in the conditional discharge. If the hospital is satisfied that progress continues, a suitable supervised residence is identified in Ottawa, and Mr. Gauthier’s other treatment needs are being addressed, the parties could request an early hearing. We wish Mr. Gauthier well in the upcoming year.