Re: Kevin D. Richards
ORB File No: 4924/6572
Hearing held on: Friday, May 9, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Section 672.81(2) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley Members: Dr. K. Hand Dr. L.O. Lightfoot Ms. M. Chamberlain Mr. J. Cyr
Parties Appearing:
Accused: Kevin D. Richards Counsel: Mr. A. Rastgou
The person in charge of hospital: Representative: Ms. T. Newman
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated August 7, 2025)
Introduction
On October 16, 2007, Mr. Richards was found not criminally responsible on account of mental disorder (NCR) on a charge of aggravated assault, contrary to the Criminal Code of Canada. On July 24, 2014, while under the Ontario Review Board’s (ORB/the Board) jurisdiction, he was found NCR on charges of aggravated assault (x5), assault with a weapon, break and enter (x2), and forcible entry, contrary to the Criminal Code.
On December 4, 2020, Mr. Richards was convicted of the sexual assault of a nurse while he was detained under the Board’s jurisdiction at St. Joseph’s Healthcare Hamilton (‘St. Joseph’s’). He was sentenced to twelve months in prison. As a result, he became a dual status offender, under s. 672.67(1) of the Criminal Code. Following a review of his placement, he was transferred to detention at Waypoint Centre for Mental Health Care (Waypoint/the hospital) in the High Secure Provincial Forensic Program.
Mr. Richards is currently subject to a disposition of the Board dated September 9, 2024, detaining him at the High Secure Provincial Forensic Program, with discretionary privileges allowing him escorted passes on hospital grounds.
On February 11, 2025, the ORB received a request from the hospital requesting an early review of Mr. Richards’ disposition. Dr. Mishra, Mr. Richards’ most responsible physician, considered Mr. Richards suitable for a transfer to a less secure facility. In the doctor’s opinion, Mr. Richards’ current disposition was no longer the least onerous and least restrictive disposition.
On May 9, 2025, the Board convened a hearing to conduct the early review of Mr. Richards’ disposition pursuant to s. 672.81(2) of the Criminal Code. Mr. Richards was present and represented by his counsel, Mr. Rastgou.
At the outset of the proceedings, all parties were canvassed as to their positions on the two issues to be determined by the Board: whether Mr. Richards continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition, including the appropriate hospital, having regard to the criteria set out in s. 672.54 of the Criminal Code.
Ms. Newman, on behalf of the hospital, submitted that Mr. Richards remains a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order at Southwest Centre for Forensic Mental Health Care (Southwest) with discretionary privileges up to and including the ability to enter the community of St. Thomas, accompanied by staff. Ms. Curry on behalf of the Ministry of the Attorney General, and Mr. Rastgou concurred in the hospital’s positions. Thus, a joint recommendation was presented to the Board.
Findings
- For the reasons that follow, the Board finds that Mr. Richards continues to represent a significant threat to the safety of the public and that necessary and appropriate disposition is a detention order at Southwest with the terms and conditions as recommended by the parties. Until such transfer can be effected, Mr. Richards shall continue to be subject to the terms and conditions of his current disposition.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated April 10, 2025 (ex. 1), the response from Southwest to the Rule 13 request for a transfer, dated May 8, 2025 (ex. 2), and the viva voce evidence of Dr. Mishra.
The Index Offences
- The circumstances of the index offences have been taken from last year’s Reasons for Disposition:
“The Index Offence of July 14, 2007:
Charge: Aggravated Assault (charge of Assault with a Weapon, withdrawn) At the time of this offence, Mr. Richards was twenty years old. He was residing in a group home in Cambridge for individuals with bipolar and schizophrenic behaviours.
On this day, his parents came and picked him up to spend the day with them at home in Kitchener. At the family home, he was acting unusually: very withdrawn, pacing, and following his father around in the house, outside where he was barbecuing, and back into the kitchen. There, he came up behind his father, reached over his shoulder and cut his throat with a knife, causing an eight-centimeter gash. He continued to slash at his father, who fought to get the knife away from him, receiving numerous defensive wounds.
His mother called 911. When police arrived, Mr. Richards had fled with the knife. His father was taken to hospital, where he received many stitches to close his many wounds, which included lacerations and cuts to his head, face, neck, right forearm, and hands.
The Index Offences of March 8, 2014:
On this day, Mr. Richards, when acutely unwell, attacked his roommate with a knife, and then went on to enter three other apartments in the building, where he attacked four other people and incurred the following eight charges on which he was found NCR:
Charge 1: Assault with a Weapon
Mr. Richards and Mr. M.T. had known each other for a few years and had been residing together for seven months in apartment 1212, in a Hamilton apartment building. When M.T. returned to their apartment that evening and approached Mr. Richards who was standing by the balcony door, Mr. Richards got down on the floor. M.T. asked him if he was alright, and then if he wanted an ambulance, but received no reply either time.
M.T. went to his room and lay down on his bed. Soon after, Mr. Richards entered M.T.’s room and began striking him about the face with his hands. M.T. defended himself from the punches with his arms. Mr. Richards left the room, returned with a knife, and tried to stab M.T. in the head. M.T. blocked the stabs with his arms, and eventually broke free and fled the apartment. Mr. Richards left and went into the common area of the building.
Charges 2, 3, 4: Forcible Entry; Aggravated Assault (x2)
Mr. Richards continued through the apartment building, to the area of apartment 809, in which Mr. B. heard a noise in the hall and opened the apartment door. Mr. Richards then forced his way into the apartment and stabbed Mr. B. with the knife, severely cutting the side of his face and forehead. Ms. B. then came out and Mr. Richards slashed at her with the knife, severely cutting her throat. He then fled the apartment.
Charges 5, 6, 7: Break and Enter and Commit Assault; Aggravated Assault (x2)
Mr. Richards continued through the building to the area of apartment 106. He entered the apartment through the unlocked door, looked around, and walked down the hall to the bedrooms. He was confronted by Ms. M., who had her 9-year-old daughter with her. He approached Ms. M., who began backing up, and he began stabbing at her. She put her hands up to block the stabs and suffered stab wounds to her hands.
Mr. M. came out yelling at Mr. Richards, who turned around and charged at Mr. M. with a continued stabbing motion. They became involved in a physical altercation. J.M. was stabbed in the neck, cheek, and back of the head. Mr. and Ms. M. with their daughter were able to flee the apartment.
Charge 8: Break and Enter with Intent to commit Theft
Mr. Richards continued through the building to the area of apartment 105. He entered through the unlocked door, looked around, and walked down the hall to the bedrooms.
Mr. W. was there and confronted him. He did not respond to Mr. W.’s questions. Mr. W. grabbed his arm and told him to leave. Mr. Richards then went into the kitchen area and started apparently looking for something in the cupboards under the sink, while holding his knife. Mr. W. went to another part of the apartment to get something to protect himself with. Mr. Richards fled the apartment through the balcony door.
Police located Mr. Richards, arrested him, brought him to Hamilton General Hospital, and he was admitted to intensive care and treated for injuries he sustained in the arrest.”
Background Information
The Hospital Report contains detailed information as to Mr. Richards’ background and psychiatric history and need not be reviewed here beyond the following material points. Mr. Richards is a 38-year-old man who grew up in Kitchener, Ontario in a stable, supportive family home. In time, he was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and various other learning disabilities but no specific diagnosis provided.
Mr. Richards began to exhibit bizarre behaviour in approximately 2004 at the age of 18. He was depressed, withdrawn and paranoid which led to multiple altercations with both his father and mother. He started hiding knives. His mother feared for her safety as much of his aggression was directed towards her.
In 2005, he had three hospital admissions for psychiatric care, two under the Mental Health Act and one voluntarily at St. Joseph’s. While an inpatient, he declined to take a low dose of antipsychotic medication. After two weeks, he left the hospital against medical advice, with discharge diagnoses of Substance Abuse Disorder / Drug-induced Psychosis / ADHD, and Mixed Personality Traits. Later that year, Mr. Richards was asked to leave the family home after he attacked his brother. At the time of the first index offence, he was residing at Warring Estates, a group home which supports individuals with chronic mental health challenges.
According to the Hospital Report, Mr. Richards has a history of using substances, including ecstasy, acid, marijuana and cocaine. He acknowledged using cannabis and cocaine on the day of the first index offence.
Following his finding of NCR in 2007, Mr. Richards was detained at Waypoint. Within a year, he was transferred to St. Joseph’s in Hamilton where he resided in the community for several years, with two readmissions. These readmissions stemmed from a deterioration in his mental status in the context of substance use and possibly medication noncompliance. Following his second index offence, he was transferred back to Waypoint. During his course there, he was convicted in December 2018 for assault, following an incident with a co-patient. He was sentenced to one day after being credited 60 days pretrial custody.
Mr. Richards remained at Waypoint until his transfer back to St. Joseph’s in 2019. In September 2020, he asked to speak with a nurse in private. After a few minutes of discussion, he leaned over her. She immediately stood up, backed away and requested that he return to his room. He exposed his genitals and lunged at her, grabbing her with both hands. He pinned her down on the table and aggressively and repeatedly tried to pull off her pants. She was able to fend him off and activate the emergency alarm. He chased her to the nursing station and tried to get inside the locked door. As noted above, he was found guilty on December 4, 2020 and sentenced to 12 months in custody.
As noted above, following a review of his placement decision, he was transferred to Waypoint’s High Secure Provincial Forensic Program where he has remained.
Mr. Richards continued to experience psychotic symptoms of schizophrenia, notwithstanding compliance with medication. In particular, he experienced intense auditory hallucinations in trance-like states, during which he would stare blankly. He would remain mute and immobile and did not appear to appreciate what was going on around him. After experiencing these states, he has reported that had strong urges to be violent but that he was able to resist those urges.
Course Since the Last Disposition.
Mr. Richards’ current diagnoses are Schizophrenia and Polysubstance Abuse, in remission in a controlled setting. He has continued to reside on Beausoleil, one of the least structured units at Waypoint and enjoys the highest security level, permitting up to 4 hours of independent off-unit access.
Mr. Richards continues to experience auditory and visual hallucinations, delusional beliefs, and some paranoia. Mr. Richards has identified triggers (such as the colour red) for his auditory hallucinations and reports that although they are derogatory in nature, they are not as intense as they were, and he can ignore them. Mr. Richards reported to staff that he experienced fewer auditory hallucinations when working or socializing with others. He has not experienced any trance-like episodes or engaged in bizarre behaviour since April 2024.
Mr. Richards continues to hold beliefs that he is a Viking and capable of black magic. He believes that he cannot become addicted to substances, does not need to eat more than one meal a week and that his parents are not his real parents and that he has been adopted.
On occasion, Mr. Richards presented as suspicious or paranoid. In August 2024, Mr. Richards expressed having an “off day” as he perceived the construction occurring in the courtyard was dangerous and an attempt to kill him. Mr. Richards was encouraged to check facts with the staff when experiencing negative thoughts. Overall, Mr. Richards has been more open about his symptoms.
Mr. Richards focus over the last year has been on psychotherapy and individual counselling. He attended Cognitive Behavioural Therapy for psychosis (CBTp) sessions and worked to obtain greater insight into triggers that cause his mental state to decline. He has been more open with the clinical treatment team and he will often confirm with them his assessment of his delusions. Mr. Richards has also developed more coping skills and tools to self-regulate himself when experiences stress or hallucinations. In particular, he has utilized strategies, such as returning to his room, and identifies that having a sense of purpose, routine, and socialization are effective in dealing with his auditory hallucinations.
Mr. Richards completed his remaining credits and received his OSSD in August 2024. He is now working once a week with the educator in the computer lab.
Mr. Richards’ insight into his substance use has not been robust. He consistently denies having issues with substance use or a history of misuse. He has no insight into how substances have historically exacerbated his symptoms of mental illness and contributed to his violent behaviour. Furthermore, his belief that he is a “drug” and therefore immune to addiction increases his risk of relapse. He declined to participate in relapse prevention groups. He attended individual sessions with an addiction counsellor. However, his level of engagement fluctuated due to his limited insight into his addiction. His risk of relapse is considered high.
Recently, Mr. Richards appears to have experienced a decline in his mental state. He exhibited increased paranoia and agitation. The clinical team queried whether the change in his presentation and mental state was due to stressors on the unit, discussions about his upcoming ORB hearing, or general frustration with remaining at Waypoint.
On May 8, 2025, Dr. Prakash, Interim Medical Director at Southwest, wrote a response to the request for a transfer. He noted that Mr. Richards’ mental status appears to remain quite fragile and there has been no change in his medication, notwithstanding a recommendation that he change to Clozapine. In particular, Dr. Prakash notes concern that “Mr. Richards’ trance-like episodes have self-admittedly been triggered by new female staff. The staff at the Southwest Centre are predominantly female. Our units are co-ed.” Dr. Prakash also notes Mr. Richards’ limited insight into his substance use and high risk for relapse. In the doctor’s opinion, a transfer to Southwest would be premature at this time.
Dr. Mishra testified before the Board. He reported that Mr. Richards continues to be doing well. He is engaging more with the clinical treatment team and has been more open with his ongoing psychotic symptoms.
In response to the concerns raised in Dr. Prakash’s letter, Dr. Mishra testified that Mr. Richards works with female staff on a daily basis. There is a significant turnover of staff and new female staff are often on the unit where Mr. Richards resides. There have been no concerns. Mr. Richards also works 1:1 with a female therapist and attends groups that are co-ed. Again, there have been no concerns noted.
In terms of Mr. Richards’ insight into the impact of substance use, Dr. Mishra testified that Mr. Richards has been compliant with urine drug screening and all tests have been negative. In the doctor’s words, although Mr. Richards has no insight, he does have awareness about this issue and the potential impact a relapse would have on his progress. In Dr. Mishra’s view, conditions in a disposition together with close monitoring would adequately address Mr. Richards’ risk of relapse.
In terms of Mr. Richards’ recent slight deterioration in mental status, Dr. Mishra testified that fluctuations in mental status happen for everyone. In this case, Mr. Richards did not exhibit any aggression. He retired to his room. Mr. Richards has been treated with clozapine in the past and did not like it. He found that it caused more problems then helped. Dr. Mishra testified that Mr. Richards’ medication could be further optimized. His dosage could be increased. The doctor is balancing managing the risks and symptoms with the experience of side effects.
Dr. Mishra testified that there has been a marked change over the last clinical year. Mr. Richards has a much better insight into his mental illness. He is more open to discussing his symptoms with the clinical team. He has an awareness that his belief can appear very different and not very rational.
Dr. Mishra concluded that, in his opinion, Mr. Richards’ risk can be managed in a less secure facility.
All parties maintained the joint submission.
Analysis and Conclusion
The panel carefully considered the Hospital Report and the evidence of Dr. Mishra and unanimously concluded that Mr. Richards remains a significant threat to the safety of the public. He suffers from Schizophrenia and his psychotic symptoms have comprised of auditory hallucinations, paranoia, delusions, and bizarre behaviour, and have incorporated themes of violence and aggression.
Mr. Richards has a long history of medication noncompliance and substance use, both of which have exacerbated his psychotic symptoms. He has a history of unprovoked violence with the use of weapons. Mr. Richards’ insight into his use of substances and the impact that has had on his mental status and risk for violence is limited. He has no supports in the community. Without the oversight of the ORB, Mr. Richards would fall away from treatment and turn to substance use to manage his intensifying psychotic symptoms. Historically, that has led to him engaging in violent behaviour towards those in his immediate vicinity. As such, he remains a significant threat to the safety of the public.
Having found that Mr. Richards continues to represent a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
The disposition that is necessary and appropriate for Mr. Richards gives him as much freedom as possible without putting the community at real risk of dangerous behaviour. "Necessary and appropriate" includes the concept that the disposition must be the least onerous and least restrictive disposition that still protects the safety of the public.
The panel finds that the necessary and appropriate disposition is a detention order and agrees with the joint submission that he should be transferred to the Southwest Centre for Mental Health Care. At present, Mr. Richards is in the highly supervised and highly structured High Secure Provincial Forensic Program. With close monitoring, he has done well. He has developed increased insight into his mental illness and has been more open with the clinical team about his psychotic symptoms. Although he continues to experience delusions and auditory hallucinations, he is able to control his response. He has developed coping skills and strategies to manage his behaviour.
While at Waypoint, Mr. Richards’ decision to abstain from substance use has not been tested. He has completed individual counselling sessions and has been compliant with providing samples of his urine for analysis. Dr. Mishra believes that he has limited insight but has awareness of the potential consequences of using on his progress through the forensic system. A move to a less secure facility will provide Mr. Richards with the opportunity to demonstrate his ongoing commitment to abstinence. In any event, this will no doubt be closely monitored by his new treatment team.
In conclusion, the panel orders that Mr. Richards be subject to a detention order with privileges up to and including the ability to enter the community of St. Thomas accompanied by staff. In addition, he will abstain from the use of substances, submit samples of his blood or urine for analysis, not be in possession of any firearm or weapon, and not have any contact directly or indirectly with the named victims.
DATED this 7th day of August 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson Office of the Registrar Ontario Review Board