Ontario Review Board
Re: Joel B. Vassell
ORB File No: 6785/7833
Hearing held on: Friday, May 9, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Section 672.82(1) 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: Joel B. Vassell Counsel: Mr. M. Schloss
The person in charge of hospital: Counsel: Ms. J. Lefebvre (via Zoom)
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated August 7, 2025)
On June 18, 2015, Mr. Joel Vassell was found not criminally responsible on account of mental disorder on charges of assault with a weapon and attempt to commit murder, both contrary to the Criminal Code of Canada (the "Criminal Code"). Further, on January 5, 2021, found not criminally responsible on account of mental disorder on a charge of first-degree murder, contrary to the Criminal Code;
Mr. Vassell is currently subject to a Disposition of the Ontario Review Board dated October 8, 2024, detaining him at the Waypoint Centre for Mental Health Care - High Secure Provincial Forensic Programs, Penetanguishene, (“Waypoint” or the “Hospital”) with hospital grounds privileges, beyond the secure perimeter, escorted by staff.
On Friday, May 9, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.82(1) of the Criminal Code. Mr. Vassell was in attendance and was represented by his counsel, Mr. Schloss.
Position of the Parties
Ms. Lefebvre, on behalf of the hospital, submitted that Mr. Vassell remained a significant threat to the safety of the public and recommended that he be transferred to Brockville Mental Health Centre (“Brockville”) with terms and conditions as listed at page 152 of the Hospital Report.
Ms. Curry, on behalf of the Attorney General, agreed with the Hospital that Mr. Vassell remained a significant threat but was not requesting any changes to his current Disposition.
Mr. Schloss stated that his client was in agreement with the Hospital. He noted that Mr. Vassell would prefer to be transferred to the Brébeuf program at Waypoint but that he was willing to go to Brockville if that was the preference of the Board.
Current Psychiatric Diagnoses:
Bipolar Disorder, Type I
Complex Post Traumatic Stress Disorder
Index Offences:
- The circumstances of the index offences are taken from the most recent Reasons for Disposition, as follows:
“On November 20, 2014, Mr. Vassell and his mother were in their residence in the City of Toronto. They had been arguing and at one point he forced open the bedroom door and burst into the room while holding one hand behind his back. He produced a large kitchen knife and approached his mother in a fit of rage. The two fought over the knife. His mother disarmed him and threw the knife out of the room. He then started to punch her about the face and body, but she was able to make her way out of the room and tried to get to a downstairs phone. The accused followed her and punched her at least eight times. He then stopped hitting her, hugged her, and said he loved her. She told him to call the police or he would get into more trouble. He called the police at 11:45 p.m. Police attended and he was arrested. His mother suffered a stab wound to the right side of her back just below the shoulder blade and required two stitches to close a cut over her right eye.
On December 17, 2014, having been released from court on November 24, 2014 on the November 20th charge, Mr. Vassell attended his grandmother's house in the City of Toronto. He broke the basement window on the north side of the house and once inside the residence attacked his grandmother with a knife. He stabbed her in the chest and administered a slash to her neck. She suffered numerous severe defensive wounds to her hands. His grandmother managed to get away, went upstairs, and called her daughter, who then called police. When police arrived the front door was forced open and the victim was lying in the front hall. The accused had fled the scene. His grandmother was transported to hospital and treated for her injuries. She sustained a stab wound to the chest but suffered no internal injuries. A slash wound to her neck required several stitches to close. Surgery was required to repair the damage to her hands.
Regarding the offence of first degree murder, briefly stated, the facts are as follows:
On December 11, 2019, Mr. Vassell arrived at his mother's house, stabbed his mother and set the house afire while she was trapped inside. A post-mortem attributed her death to stab wounds of the torso, combined with inhalation of the products of combustion. Police arrested Mr. Vassell at the hospital, where they observed burns on his hands and a strong smell of gasoline. He had called 911 from Etobicoke General Hospital, admitting he had set the house on fire with his mother inside.”
Evidence at Hearing:
The evidence at the hearing consisted of the Hospital Report dated April 17, 2025, multiple Victim Impact Statements, a response from Brockville to the Rule 13 transfer request, dated April 29, 2025, as well as the testimony of Dr. Ismail.
Mr. Vassel’s progress since his last annual review is summarized in the Hospital Report as follows:
“Mr. Vassell appears to have only limited insight into his mental illness and his need for treatment, which appears to have improved this year. He has engaged in a more fulsome manner with a variety of providers over this current review period and has successfully completed an independent management plan, has engaged with the Occupational Therapist, the Registered Psychotherapist, as well as the Music Therapist. He has largely been engaged with the majority of therapeutic providers, with a short exception in vocational services where he was discharged for a short time due to absenteeism. Following a medication change, Mr. Vassell quickly reengaged with vocational services and has utilized his time productively over the course of this year. Mr. Vassell appears to have some, but limited, insight into factors that influence his violent behaviour and has attempted to address violent risk factors over this review period. “
Ms. Lefebvre called Dr. Ismail to give evidence on behalf of the hospital. The doctor agreed with the contents of the Hospital Report and its recommendations.
Dr. Ismail informed the Board that Mr. Vassell had transferred from Waypoint’s Beckwith program to their Beausoleil program. The transition has gone well and Mr. Vassell had integrated well into the new unit. While Dr. Ismail noted that transitions can generally be stressful for Mr. Vassell, this move was not a significant one as the same staff work in both units and they offer similar programs.
Dr. Ismail clarified an apparent contradiction in the report which notes that Mr. Vassell has been engaging with activities but also does not participate in groups. Mr. Vassell had engaged in therapeutic programming but did not participate in recreational groups offered at the Hospital.
Dr. Ismail noted that Mr. Vassell would benefit from vocational training but seems unable to maintain attendance at this kind of activity. The Hospital has employed systems to assist with this. Dr. Ismail was confident that these systems could be replicated at Brockville.
The doctor was not aware of any conflicts between Mr. Vassell and other patients within the last reporting period and his mental health has been stable for quite some time. Dr. Ismail stated that Mr. Vassell is a very different person when he is taking his medication than when he is unmedicated. He was unmedicated for a period between 2021 and 2022 where he spent a long period of time in seclusion.
It is very important that Mr. Vassell continues to take his medication as prescribed. Dr. Ismail stated that Mr. Vassell has an increased understanding that his medication is helpful to him and is hopeful that he will maintain the gains that he has made this past year.
Dr. Ismail opined that if Mr. Vassell were to stop taking his oral medication, he would likely have a manic episode and could dive into depression. This is something that the Hospital will have to be on the lookout for but could be managed at a medium secure facility.
When Mr. Vassell’s mental health is decompensating, the signs are very subtle. The last index offence occurred a day after Mr. Vassell was seen in hospital and his psychosis was not noticed. This is another reason the Hospital is recommending transfer to a medium secure placement. At Brockville, the staff would be able to carefully monitor Mr. Vassell’s mental health status. Dr. Ismail felt that this might get missed at a minimum secure program such as Brébeuf.
Mr. Vassell has obtained the highest privilege level in the maximum secure program at Waypoint. He is able to be off unit for a number of hours each day with no issue. Dr. Ismail felt that this level of privileges would translate well into a medium secure facility. Dr. Ismail felt that Mr. Vassell could maintain his current progress if transferred to Brockville.
Counsel for the Hospital asked Dr. Ismail to address Brockville’s concern about substance use in their response to the Rule 13 request for a transfer. The doctor acknowledged that Mr. Vassell does have a history of substance use but has not had an issue with substances while at Waypoint. He would have more access to substances at a medium secure facility like Brockville but the Hospital feels that it is an appropriate next step for Mr. Vassell.
Dr. Ismail stated that the Hospital wanted to take a gradual and cautious approach with Mr. Vassell. That is why they are recommending no indirectly supervised Hospital grounds privileges at this time.
Mr. Vassell’s father had visited with his son over zoom and, more recently, in person. These visits have had a positive impact on Mr. Vassell. If he were to transfer to Brockville, Mr. Vassell could continue having regular zoom meetings with his father but most likely fewer in-person visits. Dr. Ismail noted that Mr. Vassell had made a lot of gains while his visits with his father took place over zoom. Being close to family is something Mr. Vassell wants but it is not necessary for his continued progress. Mr. Vassell’s desire to be close to family needs to be balanced in terms of risk to the public.
In response to Crown counsel, Dr. Ismail provided the following information regarding Mr. Vassell and his history:
Mr. Vassell has a history of being AWOL. In October 2014, while at Etobicoke General Hospital, which was a less secure facility than Waypoint, Mr. Vassell was able to elope. This was roughly a month before the first index offence. Dr. Ismail noted that this was in the past when Mr. Vassell was untreated for his mental illness which is not the case currently. Mr. Vassell is not amenable to supervision when ill.
Mr. Vassell has not been able to abscond from Waypoint but it would be easier to do so in a less secure facility.
The victim impact statements note that the family has grave concerns for their safety, especially if Mr. Vassell were to go AWOL. Counsel asked if the Hospital would be able to notify the family in the event that Mr. Vassell was to abscond. The doctor thought that this would be possible.
Previously, Mr. Vassell has been diagnosed with schizophrenia, however, he is now diagnosed with Bipolar Disorder. Dr. Ismail agreed that Mr. Vassell has an interesting and complex diagnosis. He noted that Mr. Vassell is on anti-psychotic medication and that this would be the case regardless of his diagnosis.
Dr. Ismail agreed that Mr. Vassell will always require medication for his mental health and there will never be an amount of illicit substances that will be safe for him to consume. There is always a risk that if Mr. Vassell stops taking his medication and engages in substance use he will experience psychotic symptoms. Should that occur, his actions could be catastrophic, similar to the index offences.
Mr. Vassell’s signs of psychosis are very subtle. Dr. Ismail agreed that he has the ability to conceal his symptoms as he has a hard time trusting others and is very guarded about his symptoms. Mr. Vassel has only opened up to members of his treatment team with whom he has built trust. The doctor agreed that transitions are hard for Mr. Vassell and it is hard for him to open up to new people.
Mr. Vassell refuses to take responsibility for his actions. He presents as narcissistic. He has refused to engage in personality testing. Dr. Ismail agreed that neurophysiological testing would be helpful to the Hospital to get an understanding of Mr. Vassell.
Dr. Ismail was referred to comments from Dr. Bunker on page 94 of the Hospital Report which stated the following:
“Overall, my impression is that Mr. Vassell’s renewed "interest" in programming is disingenuous and completely related to our conversation last week, during which I told him he has made insufficient strides to warrant a recommendation to a less secure facility.”
The doctor agreed that this was something to be aware of but noted that this comment was from a previous review period where Mr. Vassell was unmedicated. He noted that with medication, Mr. Vassell has developed some insight. Dr. Ismail stated that it would be helpful to have Mr. Vassell participate in a psychological assessment to help clarify his motivations.
The doctor was also referred to page 90 of the Hospital Report wherein Dr. Bunker noted Mr. Vassell to see himself as quite unique and entitled. Dr. Ismail agreed that these characteristics are consistent with a personality disorder.
Mr. Vassell has a significant history of marijuana use. In 2019, after the first and second offences, Mr. Vassell knew that he was not to smoke marijuana and he acknowledged cheating on urine testing. Marijuana use would increase Mr. Vassell’s risk to the public. Dr. Ismail also agreed that it was a lot harder to get marijuana at Waypoint than at a less secure hospital.
- In response to questions from Mr. Vassell’s counsel, Dr. Ismail stated the following:
Mr. Vassell’s behaviour is better when he is treated than when he is not. Dr. Ismail noted that the Hospital has noticed a slightly better result when his medication is injected but Mr. Vassell prefers to take his medication orally.
Mr. Vassell’s capacity was assessed the week prior to the hearing and it was noted that he has developed a fair amount of insight about the need to take medication.
Mr. Vassell is currently taking Olanzapine, which helps manage his psychosis and manic episodes.
Dr. Ismail agreed that Mr. Vassell’s risk of elopement is low at this time. He also agreed that it would be harder for him to leave a forensic hospital than the emergency room that he left in 2014. At Brockville, Mr. Vassell would most likely not have community passes right away. Dr. Ismail stated that the Hospital would need to be careful about allowing this privilege.
Dr. Ismail understood that Mr. Vassell would prefer to remain at Waypoint but in the Brébeuf program. He noted, however, that this is a minimum secure program and is outside of Waypoint’s secure perimeter. The Brébeuf program is focussed on transitioning patients into the community. Most people go to this program when they have community passes.
Typically, the progression for Mr. Vassell would be to transition to a medium secure hospital from Waypoint and then be referred to the Brébeuf program when he was ready to begin his transition into the community.
Mr. Vassell has complex PTSD, partially due to his history of child abuse. Dr. Ismail agreed that this informs his difficulty in trusting people.
The Hospital has not seen any evidence of a personality disorder in Mr. Vassell when he is treated. Dr. Ismail stated that, at this point, that diagnosis is something of a curiosity. It would be helpful to get a neuropsychological assessment.
- In response to questions from the Board, Dr. Ismail stated the following:
Mr. Vassell has not participated in group therapy but he did complete one-to-one DBT.
Mr. Vassell has participated in 12 escorted hospital grounds privileges in the past year and there were no issues with elopement.
The hospital grounds privileges suggested for Brockville would be similar to what occurs at Waypoint.
Some people are more amenable to one-to-one treatment. Due to Mr. Vassell’s trust issues and given his trauma history, it is understandable that he would do better in one-to-one treatment. There is no requirement that Mr. Vassell engage in therapy in groups.
Final Submissions:
At the conclusion of the hearing, the Hospital maintained its initial position that Mr. Vassell remains a significant threat to the safety of the public. Ms. Lefebvre stated that Mr. Vassell was a different person when he was taking his medication and that this was responsible for his recent improvement. Mr. Vassell has made significant gains and has remained stable while in the hospital. It would be disheartening for him to experience excessive delays in moving forward to a less secure setting and could lead to a backsliding. The Hospital was advocating a cautious approach by recommending his transfer to Brockville, a medium secure facility. Brébeuf, which is a minimum secure program, would not be appropriate at this time. Brockville has reviewed the Hospital Report and is supportive of the Hospital’s request for the transfer.
Ms. Lefebvre acknowledged that if Mr. Vassell’s psychosis were to return, his symptoms would be subtle. The Hospital will ensure that the receiving Hospital is aware of this so that they can remain vigilant.
Ms. Curry submitted that the Board is obliged to consider the safety of the public in arriving at a Disposition. She noted that Mr. Vassell had eloped in the past and this remains a risk. While he had not eloped since being at Waypoint, it would be easier at a less secure facility. Ms. Curry referenced the victim impact statements and the concerns that Mr. Vassell could travel to the family’s community and harm them. She submitted that if the Board were to order a transfer to Brockville, that there be a condition that if Mr. Vassell were to elope, the victims are notified immediately.
Ms. Curry noted that Mr. Vassell remained on oral medication and his risk is extreme if he were to stop taking it. This risk is even more extreme given the subtle nature of Mr. Vassell’s symptoms.
Mr. Vassell had only recently transferred from a more secure unit to a more privileged unit at Waypoint. Ms. Curry submitted that another year of stability before transferring to another Hospital would be a good idea.
Mr. Schloss stated that while his client would prefer to remain at Waypoint to be closer to his family, he was in agreement with the Hospital’s request for a transfer to a medium secure facility. Brockville would still be quite a secure placement and would likely take a cautious approach to granting passes for Mr. Vassell to go into the community.
He noted that there was no evidence of any attempts by Mr. Vassell to communicate with the victims. They would not be at risk if Mr. Vassell were to be transferred to a medium secure facility.
Mr. Schloss submitted that the Board should rely on the Hospital’s evidence regarding Mr. Vassell’s insight into his need for medication and the effect that treatment has had on his client.
Mr. Vassell’s AWOL risk has been assessed as low. The evidence of his previous elopement was from many years ago and was at a time where he was not being treated. Mr. Schloss felt that it would be inappropriate for the Board to refuse the Hospital’s request for a transfer based on an incident from 10 years ago.
Finally, Mr. Schloss drew the Board’s attention to their obligation to consider the accused’s reintegration into the community as well as the need to recognize the progress that Mr. Vassell has made.
Findings of the Board:
- The Board unanimously finds that Mr. Vassell continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the position of the parties and accepted the uncontroverted evidence of Dr. Ismail. The Board also considered the victim impact statements and the Hospital Report, which notes the following:
“Mr. Vassell continues to present a significant threat to public safety due to the enduring nature of his mental illness, the severity of his index offence, and ongoing concerns regarding treatment engagement and functional reliability; however, his risk can now be managed in a less restrictive setting than a high secure unit. He carries a diagnosis of Bipolar Disorder Type I and I Complex Post-Traumatic Stress Disorder. While his current mental status is stable, with no evidence of psychotic symptoms, disorganized behaviour, or aggression during the review period, historical concerns remain salient. His mood is euthymic and affect flat; thought processes are logical and goal-directed. He is oriented and retains intact judgment and impulse control. His insight is currently assessed as fair—he demonstrates some awareness of his mental illness, contributing psychosocial stressors, and the impact of his past actions, particularly in relation to his index offence. Notably, he has shown remorse and has articulated an understanding that his traumatic history does not excuse his behaviour, a reflection of emerging insight into risk factors for violence.
However, there are continued concerns about his reliability and consistency in adhering to treatment structure, as evidenced by variable attendance in vocational and educational programming, failure to notify staff of absences, and delayed presentation for medication on two documented occasions “
Mr. Vassell presents a challenge to the forensic system. He is improving and, therefore, should be moved through the ORB system. However, given his particular history and functioning, any movement towards the community requires careful consideration. On balance, the Board agrees with Dr. Ismail’s statement that Mr. Vassell presents a different risk when he is medicated and that a transfer to a medium secure facility is appropriate at this time.
The Board notes that the transfer between Waypoint and Brockville will need to be handled with extreme care. The staff at Brockville will need to be aware of the subtle signs that Mr. Vassell is decompensating.
While there is evidence that Mr. Vassell has eloped in the past, the Board is not convinced that this is a reason to refuse the requested transfer. The historical incident occurred when Mr. Vassell was not being treated. He has been outside the Hospital perimeter 12 times in the past year with no issue.
Mr. Vassell has benefited from the programming and oversight provided at Waypoint. He has engaged with one-to-one counselling and there has been no evidence of physical violence for the previous reporting period.
The Board agrees with the doctor that a personality assessment would be helpful while Mr. Vassell is awaiting a transfer to Brockville. The information gleaned from such an assessment would be of benefit to any future treatment team.
The Board considered the thorough submissions of the Crown and agrees that Mr. Vassell’s Disposition should include a condition that the victims be notified if he is AWOL from the Hospital. The Board would also request that, if there is any change in Mr. Vassell’s mental status while he is waiting for transfer, the Hospital is to inform the Board and request an early review.
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Vassell poses to the safety of the public while still meeting their needs, is a Disposition transferring him to the secure forensic program at Brockville Mental Health Centre, with the following privileges and conditions:
To attend within or outside of the hospital for necessary medical, dental, legal or compassionate purposes;
Hospital and grounds privileges escorted by staff;
Hospital and grounds privileges accompanied by staff;
To enter the catchment area of Brockville Mental Health Centre escorted or accompanied by staff;
To abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;
To submit samples of his urine and/or breath to the Person-in-Charge of the Brockville Mental Health Centre, or his or her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant;
To refrain from having in his possession any firearm, ammunition or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer;
Refrain from having in his possession any incendiary device or materials;
Refrain from contact or communication, direct or indirect, with Madge McIntosh, Balfour Batchelor and Dwayne Batchelor; and
The Hospital must notify Madge McIntosh, Balfour Batchelor and Dwayne Batchelor as soon as possible in the event that Mr. Vassell is unlawfully at large.
- In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Ismail and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Vassell’s mental condition, their reintegration into society and their other needs.
DATED this 7th day of Augsut 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Chamberlain Legal Member Office of the Registrar Ontario Review Board