Ontario Review Board
Re: Andre Heymans
ORB File No: 7069
Hearing held on: Tuesday, June 17, 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: Dr. G. Eayrs Dr. Y. Alatishe Mr. G. Beasley Ms. R. MacIntyre
Parties Appearing:
Accused: Andrew Heymans Counsel: Mr. E. Lavictoire
Person in charge of hospital: Representative: Dr. E. Carefoot
Attorney-General of Ontario: Counsel: Ms. C. Breault
REASONS FOR DISPOSITION
(Dated August 1, 2025)
Introduction
Andre Heymans, age 71, was found not criminally responsible on account of mental disorder on charges of failure to comply with probation order(x3), breach of recognizance of bail and failing to comply with a condition of undertaking, all contrary to the Criminal Code.
On June 17, 2025, Mr. Heymans appeared before the Ontario Review Board (the Board) at the Brockville Mental Health Centre (the Hospital) for his annual hearing. Exhibit 1 was a Hospital Report dated May 28, 2025. Exhibit 2 was a CPIC printout.
In preliminary positions, the Hospital took the position that significant threat to the safety of the public was present, and the current detention order and conditions should remain in place. Crown counsel was in support. The patient’s counsel indicated he was not taking issue with the recommendation. By the conclusion of the hearing, the Board agreed with the joint submission.
Index Offences
- The allegations giving rise to the charges on the index offences is set out in the hospital report as follows:
“On the 7th of April 2015, the accused Andre Heymans {62 years old) was convicted of Indecent Act and Breach of Recognizance at the Morrisburg Court of Justice in front of his Honour Judge G. Renaud. He was placed on Probation for a period of 18 months. The accused has to abide by several conditions which include but are not limited to:
- Keep the Peace and be of good behaviour
On the 9th of March 2016 the accused was charged for Fail to Comply with Probation Order (Sexually provocative letter sent to a 15-year-old female). At that time he was released on an Undertaking before Officer in Charge by Constable Letouze #8999. One of the conditions was to:
- Abstain from going to Food/and Grocery Store in Winchester except Monday to Friday between the hours of 9:00a.m. and 1:00 p.m.
On the 7th of April 2016 at approximately 11:53 a.m. the accused attended the Food/and Grocery Store located at 512 Main Street Winchester, North Dundas Township, Ontario. The accused spent approximately 4 minutes inside of the store. He was served by cashier, Heather Tupper.
On the 11th of April 2016 at approximately 10:51 a.m. the complainant Chris Laflamme (Meat Manager) contacted the Ontario Provincial Police Detachment in Winchester. At 11:15 a.m. Constable Meireles attended Foodland and spoke with complainant who confirmed that the accused had attended the store on two different occasions, Saturday, April 9th, 2016 and on Monday, April 11th at 10:02 a.m. The complainant also advised that the accused was previously served with a Trespass Notice to abstain from attending Foodland at any time. The complainant was unable to produce a copy of the Trespass Notice allegedly served to the accused.
On. April 12, 2016 Heather Tupper provided Constable Meireles with a copy of the video surveillance which shows the accused entering the store on Saturday, April 9th.
On the 13th of April 2016 at approximately 9:23p.m. the accused, Andre Heymans was arrested for Fail to Comply with Probation Order and Fail to Comply with Undertaking given by Officer in charge. He was read his Right to Counsel and Caution, which he indicated that he understood and further arrested pursuant to Section 524. He did not want to speak witl1 a lawyer.”
Current Diagnosis
- Mr. Heyman’s current diagnoses are:
Unspecified Schizophrenia spectrum Disorder
Alcohol Use Disorder in remission
Rule out History of Cannabis Use Disorder
Background and History
Mr. Heymans’ personal history is set out in detail in the hospital report dated May 28th, 2025. Briefly summarized, his parents immigrated to Canada from Poland. His mother passed away when he was age 23 and his father is also deceased. He was married for about seven years but his wife died of cancer. They have one daughter. Mr. Heymans’ sister has reported to treatment providers that Mr. Heymans remains in contact with his daughter, attends movies with her, and visits with her on holidays and special occasions.
His sister has also reported that Mr. Heymans misused alcohol and illegal drugs for most of his life, which started when he began to struggle with mental health issues as a teenager. She was uncertain about his substance use prior to being subject to the jurisdiction of the Ontario Review Board.
The evidence indicates that Mr. Heymans experienced physical abuse from his father. Mr. Heymans has in the past picked up metal pipes with an intention to swing them at people, and on one occasion, chased his father with a pitchfork on a skidoo.
The hospital report indicates the accused has a longstanding history of mental illness, possibly commencing when he was age 19. A review of his records indicates a consensus of opinion that he has suffered from psychosis, although the exact etiology has not been clear. It describes several previous admissions to psychiatric facilities at different phases of his life. He was admitted in 2001, 2003, 2007, 2013, and 2016. Those admissions describe a well established history of psychosis. He indicates an abstinence from alcohol for about 18 years. He is described as presenting with persistent delusions and as having a complete lack of insight into his condition. He was admitted to the Brockville Mental Health Centre on May 2, 2016 and was unfit to stand trial for a period of time thereafter.
Over the years Mr. Heymans has encountered severe side effects to antipsychotic medications, including extrapyramidal side effects, and cardiac issues with a collapse in blood pressure. He was taken off all psychiatric medication at the time of his assessment.
Following the finding of NCR Mr. Heymans was extremely angry with his doctor and threw yellow liquid through the hatch of the seclusion room at his doctor.
Mr. Heymans takes his medication despite not believing it is required to treat his schizophrenia. This lack of insight is a symptom of his mental disorder.
Mr. Heymans eloped to visit his sister in 2017 and was returned to the hospital by the police.
Evidence at Hearing
Dr. Esther Carefoot, the patient’s psychiatrist, testified. Dr. Carefoot noted some improvements this year, though there have been continued verbal outbursts directed at staff. However, Mr. Heyman’s ability to regulate them has improved as has his ability to more quickly return to safe behaviour. These positive changes are the result of work with a behavioural therapist, the impact of Clozapine and the skills of staff. This has obviated the need to resort as quickly to seclusion. Mr. Heymans is on Unit B-3.
Mr. Heymans suffers from a number of physical challenges. The principal one is a foot issue, Charcot Foot, that requires daily attention. Mr. Heymans uses a walker.
There has been a reduction in dysphasia and tardive dyskinesia. Mr. Heyman’s swallowing has improved. He has a chronically thick tongue. These changes have been brought about by a reduction in Paliperidone dosage without impact on the patient’s mental health.
Mr. Heyman’s insight is poor. He has indicated he does not need medications.
Mr. Heymans benefits from supports. The deterioration of his physical state adds to the stresses in his mental health.
There is interest in finding Mr. Heymans a 24-hour supervised facility with robust staffing skills.
The hospital identified Caledonia Manor as a potential placement. Mr. Heymans toured the Manor with his sister, an approved person. His sister was against the move. She believes the support he receives in the hospital is good and he will suffer at the Manor. Other possibilities are being reviewed. One possibility is Davison House where the hospital has two forensic beds. Although there is no opening there now, there may be one that will open up.
Another possibility is looking at a residence in Kemptville where the patient’s sister’s lives.
Mr. Heymans has done a lot of group work, completing most of them. He is currently in a stress management group that started in April. He is participating well. Mr. Heymans also relies on a spiritual advisor. If placed in a residence, the Doctor is confident that spiritual services can be arranged.
In relation to his chronic foot condition, Mr. Heymans is followed by a nurse practitioner who consults with a surgeon. An occupational therapist is involved. Dressings are changed daily. Mr. Heymans has arthritis. He requires help putting on his footwear. An application has been made for a motorized wheelchair. While it will be granted, the process takes time.
Part of the challenge of finding a residence is the need to ensure it can address his physical needs. The goal is to find one in the upcoming year.
Mr. Heymans is doing better on his medications. There have been issues, from time to time, with taking diabetes medication, however, Mr. Heymans is compliant with Clozapine and his injection.
Mr. Heymans is able to go into the community independently but generally goes with staff. Mr. Heymans attends hockey games on Friday nights by taxi.
Mr. Heymans is not eligible for housing in Ottawa, never having used services there. The FITT residence is not suitable because of stairs. Caledonia is a one level residence with a personal service worker and a family doctor who does rounds. The hospital will initiate discussions with Mr. Heymans’ sister including further discussions on Caledonia. Mr. Heymans is capable regarding finances and placements.
Analysis
The Board, after reviewing the evidence, including the hospital report, is satisfied that there is significant threat to the safety of the public. Mr. Heymans is on the Sex Offence Registry.
The Risk Analysis notes historical issues with violence, antisocial behaviours, relationship problems, major mental disorder, and treatment or supervision response. There is also a history of substance and alcohol abuse, but Mr. Heymans has been sober for some years. He has continuing difficulties with insight. He has said he would discontinue medication. He has presented with brief periods of violent ideation, particularly during periods of instability. His risk for future violence and serious physical harm is moderate, and low if on a detention order. Mr. Heymans requires a great deal of support. The hard work of the hospital is admirable.
The Hospital is trying hard to get Mr. Heymans placed in a well -supported, accessible residence. The Hospital will continue to work with Mr. Heymans’ sister, his substitute decision maker for mental health. We wish Mr. Heymans well in the upcoming year.
Dated this 1st day of August, 2025, at the City of Toronto, in the Toronto Region.
Mr. M. Segal Legal Member
Office of the Registrar Ontario Review Board