Re: Allan Victor Gay
ORB File No: 1910
Hearing held on: Wednesday, June 18, 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: Allan Victor Gay 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
Allan Victor Gay, age 70, was on August 19, 1994, found not criminally responsible on account of mental disorder on charges of assault and carrying a weapon for a purpose dangerous to the public peace contrary to the Criminal Code.
On June 18, 2025, Mr. Gay appeared before the Ontario Review Board (the Board) for his annual hearing at the Brockville Mental Health Centre (the hospital). The Board had before it Exhibit 1, a Hospital Report dated May 20, 2025.
In preliminary positions all parties advanced that significant threat to the safety of the public continues to be made out and that the current disposition remains appropriate in the circumstances. By the conclusion of the hearing, the Board agreed with the joint position. Ms. Francis emphasized that Mr. Gay’s wants to stay in the hospital.
Index Offences
- The hospital report contains a description of the index offences as follows:
"On May 26, 1994 at approximately 14:20 hours, a female customer was in the Quick-Mart store at 196 Clare Avenue, in her neighbourhood. She was facing a shelf when she felt a presence behind her. She turned quickly to find the accused standing right close to her. As she turned, the accused raised his fist as if to strike her. She was startled and frightened, and blurted out: "What the hell is that for?" She repeated it a second time and the accused dropped his fist. He then walked out of the store without saying anything. The female customer genuinely believed that he was about to hit her. The accused was identified by the attending police officer who had dealt with him in the past.
A twenty-one-year-old female advised her boyfriend (the complainant) that the accused had harassed her on Friday, June 3, 1994. On Sunday, June 5, 1994 at approximately 21 :05 hours, the female advised the complainant that the accused was in front of the Quick-Mart at 196 Clare Avenue. The complainant approached the accused and told him to leave his girlfriend alone. At this point, the accused reached into his rear pant pocket and pulled out a screwdriver with which he lunged at the complainant stating, "This will be for you if you fuck with me".
When the police arrived, the accused was sitting on a bench in front of the Quick-Mart. As the officer approached, the accused began screaming and yelling but finally calmed down and was arrested. A screwdriver was found in the accused's right rear pant pocket."
Current Diagnosis
- Mr. Gay’s current diagnoses are:
- Schizophrenia
- Alcohol and Cannabis Use Disorder - in full remission Antisocial Personality Disorder Traits Pseudomembranous Colitis
- Cerebellar Ataxia Syndrome
- Obstructive Sleep Apnea
- Hypertension
- Osteoarthitis
- Chronic Lymphocytic Leukemia
- Recurrent Cellulitis
- Venous insufficiency
Background:
The hospital report details Mr. Gay’s background. Mr. Gay has spent 30 years in the forensic mental health system.
Mr. Gay has a long criminal record of 20 years, beginning in 1973 and leading up to the index offences. His record comprises mostly property offences, and two dated convictions for possession of a weapon.
The Hospital Report includes several psychiatric hospital visits beginning in 1979. Many of these admissions were due to drinking and assaultive behaviour on family members and on others. He was non-compliant with medication. As the years went on while he was detained at BMHC, episodes of verbal aggression toward staff and co-patients, and periodic physical violence continued, but gradually lessened.
Mr. Gay is incapable regarding treatment decisions and his sister acts as his substitute decision maker. Mr. Gay’s sister has been a strong source of support for him, and he has begun to travel to Ottawa for overnight visits with her. He has also enjoyed trips into the community with recreational therapy staff or other staff.
Evidence at Hearing
Dr. Gray, the patient’s psychiatrist for some years, testified. Dr. Gray noted that this past year has been similar to previous years. Mr. Gay suffers from a number of physical ailments, some of which are worsening with age. Mr. Gay employs a walker. Mr. Gay continues to be verbally aggressive. There has been no violence this past year although there was an incident the year before. There are no symptoms of psychosis although Mr. Gay is moody and often glowers at individuals. How he may start the day is an open question. He may wake up cheerful or become rude. It may depend on how he slept and his pain level. The pain stems from pronounced osteoarthritis. Mr. Gay has sleep apnea and uses a CPAP machine.
There are moments of lucidity in which Mr. Gay’s intelligence emerges. Fatigue may contribute to irritability. Mr. Gay can only give his attention for 10-15 minutes before becoming agitated.
Applications have been made to Long Term Care homes, including in the Ottawa area. Mr. Gay has a sister, Mary Anne, who he is close to. She lives in the Ottawa area. Mr. Gray enjoys visiting with her but her advancing age is making it more difficult to visit.
Discussions have been had with the clinical director of the Royal Ottawa Hospital who is not supportive of a transfer. If transferred, Mr. Gay would enter their secure assessment unit where he could not be afforded privileges to go outside to smoke. Smoking is one of Mr. Gay’s few pleasures. Whether in hospital in Ottawa or Brockville makes no practical difference to wait lists for long term care in Ottawa.
Mr. Gay is capable with respect to placement decisions. He gets the final say on whether he wants to enter long term care if an opening occurs. He is adamant that he wants to stay in the Brockville Mental Health Centre. He considers the hospital his home. He enjoys the grounds and is well known to staff and peers.
In the recent past Mr. Gay has had to be transferred to the Brockville General Hospital (“BGH”) for medical reasons on two occasions. Mr. Gay was very difficult to manage in hospital. His aggression and rudeness caused the BGH to phone over more than once to complain about the aggressive behaviour. Mr. Gay is a large man and can be quite intimidating after staring down and berating staff. Staff at the psychiatric hospital are used to Mr. Gay, so much so that the patient’s outbursts are not always documented.
A question was asked by a Board member if the hospital had an approach to aging patients. Dr. Gray indicated there were only two or three such patients in Brockville but that it would be a good idea to reflect upon going forward.
Dr. Gray indicated that in his view, a significant threat to the safety of the public remains. For example, in a long-term care residence with unfamiliar staff, he would be aggressive and intimidating and cause serious psychological harm. That is what happened in the Brockville General Hospital. That is what happened last year in the Brockville Mental Health Centre when a staff member had to take some days off after an incident.
Final Submissions
In closing submissions Ms. Francis strongly reiterated that Mr. Gay likes it in the Brockville Mental Health Centre and does not want any changes to his disposition.
Dr. Gray opined that as between being nearer to his sister and staying at his current hospital, the patient would much prefer staying at the BMHC.
Analysis
The Board carefully considered whether Mr. Gay continues to pose a significant threat on the safety of the public. The Board also considered a conditional discharge. The Board accepts Dr. Gray’s grounds for finding significant risk and that a detention order is the least onerous and least restrictive disposition. The Board has also considered the hospital report in coming to that conclusion.
There is no question that in the circumstances at hand, Mr. Gay’s quality of life is best served at the BMHC. He considers it his home. He has privileges here that he could not enjoy at another forensic hospital such as the Royal Ottawa Hospital. There is no Rule 13 application for transfer to the Royal Ottawa before the Board and he is adamant that he wants to stay put.
In all the circumstances, the Board upholds the current detention order. We wish Mr. Gay the best in the year ahead.
Dated this 1st day of August, 2025, at the City of Toronto, in the Toronto Region.
Mr. M. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board