Re: Jamie Kellman
ORB File No: 7968
Hearing held on: Tuesday, July 8, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. P.E. Cook Dr. J.C. Rose Ms. C. Murray Mr. A. Mete
Parties Appearing:
Accused: Jamie Kellman Counsel: Mr. L.K. Wildman
The Person in charge of Hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated August 8, 2025)
Introduction:
On September 10, 2021, Mr. Jamie Kellman was found unfit to stand trial on account of mental disorder (“unfit to stand trial”) on a charge of assault causing bodily harm, assault with a weapon, break and enter dwelling, fail to comply with release order, and fail to comply with probation order (x2), all contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. Kellman is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”), dated June 17, 2024, finding him unfit to stand trial and detaining him at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (“CAMH” or “the hospital”). His outer limit of privileges pursuant to the June 17, 2024, Disposition is to enter the community of Toronto, accompanied by staff.
A hearing was adjourned on May 21, 2025, and rescheduled to today’s date, July 8, 2025, at which time the Board convened a hearing at CAMH to conduct the annual review of the current Disposition.
Mr. Kellman was not present at the hearing. His counsel, Mr. Kurt Wildman, advised that Mr. Kellman continues to believe he is Jamie R. and a civil magistrate. However, Mr. Kellman wished Mr. Wildman to appear on his behalf. Mr. Wildman advised that he had full instructions to proceed in Mr. Kellman’s absence. As no parties had objections to the absence of the accused, an order was granted pursuant to s. 672.5(10)(a).
Evidence at the hearing included a Hospital Report, dated April 25, 2025 (the "Hospital Report"), which was entered as Exhibit 1, and the viva voce evidence of Dr. Roland Jones.
In accordance with s. 672.48(1) of the Criminal Code, the Board must determine if Mr. Kellman remains unfit as of the date of the hearing within the meaning of s. 2 of the Criminal Code. If he remains unfit, the necessary and appropriate Disposition to manage that risk must be determined, bearing in mind the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence before us, the Board concludes that Mr. Kellman remains unfit to stand trial. The Board finds that a continuation of the existing Detention Order Disposition is necessary and appropriate.
Current Psychiatric Diagnosis
Schizophrenia.
The Hospital Report notes that cannabis use disorder should be ruled out when Mr. Kellman is more capable of being assessed.
Position of the Parties
- At the commencement of the hearing, the parties were canvassed for their positions. Counsel for the hospital, Mr. Dow, took the position that Mr. Kellman remains unfit to stand trial as of the date of this hearing. He submitted that the necessary and appropriate disposition is a continuation of the existing Detention Order Disposition. Counsel for the Attorney General of Ontario, Mr. Feindel, supported the hospital’s position. Mr. Wildman did not concede any issue. He stated that Mr. Kellman would like to live in a group home.
Outstanding Charges
- The Hospital Report sets out the details of the index offences, which are extracted below as follows:
“A. Break and enter dwelling with intent and failure to comply with release order (November 2, 2020)
On Monday, November 2nd, 2020, the accused was found by the homeowner of 6-25 Whitecap Boulevard inside her attached garage when she entered in the early morning hours to retrieve lamp for her daughter's room. The accused was startled by the occupant of the home entering the garage and got up to face her as she fled her own garage back to the security of her home. The homeowner called 911 and Police arrived on scene a short time later to find the accused still inside the garage of the home. The accused was taken into custody whereupon, during a frisk search of his person incident to his arrest for Break and Enter, he was found to be in possession of an exacto knife and a folding knife, thereby subsequently found to be in breach of the aforementioned conditions of his Release Order. The accused was read his rights to counsel and transported to 43 Division in order to be held pending a Show Cause Hearing.
B. Failure to comply with probation (March 31 –April 28, 2021)
The accused failed to report to a probation officer after March 26, 2021. The complainant attempted to call the accused and was informed by the person who picked up that they did not know the accused. A letter was sent to the accused at his last known address instructing him to report to Black Creek Probation and Parole Office on April 20, 2021. The accused again failed to report. A warrant was sought for Breach of Probation, as the accused failed to report to a Probation Officer as required by his probation order. On April 28, 2021 a warrant was issued by Justice of the Peace Tahiri for Breach of Probation. The accused was arrested on May 15, 2021 and brought to 14 Division and held for a show cause hearing.
B. Assault with a weapon, assault causing bodily harm, failure to comply with probation order (May 14, 2021)
On May 14th 2021 at approximately 8:00pm the victim attended St. Louis Bar and Grill at 36 Bloor Street West in the city of Toronto to collect his order of food. While waiting on the sidewalk for his order to be prepared the accused, a complete stranger, approached the victim and asked him for a cigarette. The victim declined by waving his finger, saying no and stepping away. The accused lingered within a few feet of the victim for another minute, making the victim feel uncomfortable. The victim placed the store sidewalk sign between him and the accused to help create a barrier. The accused then insisted the victim had a cigarette because "he knows he just bought some". The accused then swung his right arm at the victim, striking the victim in the left side of his abdomen. As the accused recoiled his strike, the victim noticed an unknown weapon in the accused's striking hand (Charge 1). The victim believed the weapon to be a knife or a sharp comb. The accused then fled eastbound on Bloor Street West at a leisurely pace. The victim checked his abdomen and saw that his shirt had been punctured and there was blood surrounding the puncture (Charge 2). The victim went into the restaurant and pleaded with the staff for help. The staff applied first aid and an ambulance was called. The victim was transported to hospital and police commenced an investigation.”
Background and History
The Hospital Report contains detailed information regarding Mr. Kellman’s background and psychiatric history, the entirety of which need not be repeated here in detail. In brief, Mr. Kellman is a 47-year-old single Canadian male with no children. He has two older sisters, the younger of which has a diagnosis of schizophrenia. Mr. Kellman has a grade nine education and is currently supported by Ontario Disability Support Program.
Mr. Kellman experienced his first referral to a psychologist at the age of four. By the age of eight he exhibited behavioural issues including stealing money from his parents, shoplifting and running away from home. He was diagnosed with conduct disorder and depression, and by the age of 14, spent two years in Youthdale, which provides psychiatric care for children and youths. He has had psychiatric admissions to Scarborough General Hospital and Markham Stouffville Hospital. Mr. Kellman consistently maintained that he did not have a history of mental illness or treatment. He would generally discontinue treatment upon discharge after a brief admission. There were three incidents of elopement from hospital during these admissions.
Mr. Kellman has an extensive criminal history commencing in 1992 as a youth. His charges as an adult include break and enter and commit (x4), possession of property obtained by crime under $5000, possession of property obtained by crime over $5000, robbery, failing to comply with probation order (x2), theft under $5000 (x2), escape lawful custody, unlawfully at large, break and enter with intent (x2), possession of break in instruments, and mischief under $5000 (x2).
In March 2005, Mr. Kellman was found Not Criminally Responsible (“NCR”) with respect to offences of mischief over, breach of probation (x2), assault peace officer (x2), and utter threat (x2). He resided at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) until discharged from hospital on October 4, 2011, to a subsidized apartment in Oshawa. According to the discharge summary, Mr. Kellman had excellent control of his schizophrenia, treated with olanzapine 25mg by mouth. While living in the community, he was under the care of the Forensic Outpatient Service at Ontario Shores, as well as an Assertive Community Treatment team. He was noted to be adherent to medication at that time. The last clinical note available from Ontario Shores was January 2014, which remarked that Mr. Kellman was doing well and appeared suitable for an Absolute Discharge.
Mr. Kellman has a history of substance abuse. He first began using alcohol at the age of 15. Upon admission to hospital, Mr. Kellman reported that he used three and a half grams of cannabis per day. Mr. Kellman said he had been prescribed cannabis though did not answer who prescribed it. He stated he had been using cannabis for years. He also smoked 10 to 15 cigarettes per day.
Mr. Kellman was found incapable with regards to making treatment decisions relating to antipsychotic medications in all its forms on September 15, 2021. The Public Guardian and Trustee (“PGT”) was initially Mr. Kellman’s substitute decision maker (“SDM”). In October 2022, Mr. Kellman’s father took over the role of SDM.
The Hospital Report highlights multiple medication changes throughout his admission at CAMH due to the lack of response to treatment. Prior to February 2022, Mr. Kellman was treated with paliperidone IM 150mg every 3 weeks. On February 1, 2022, Mr. Kellman’s medication was changed to zuclopenthixol IM up to 500mg every two weeks. In the 2022 to 2023 reporting year, given Mr. Kellman’s lack of response to intramuscular medication since admission, he was canvassed as to whether he would take oral medication, specifically clozapine. Mr. Kellman declined and maintained that he does not suffer from a mental illness. In December 2022, his dose of Haldol was increased to 400mg every two weeks. However, the increased dose of Haldol did not benefit him. A Medication Assessment Program for Schizophrenia (“MAPS”) consult took place in February 2023, and it was recommended that Mr. Kellman take oral olanzapine, or if he refuses olanzapine orally, then he should have an intramuscular dose of olanzapine daily. The dose of olanzapine was gradually increased to 30mg daily, with no improvement in his mental state. On June 27, 2023, the dose of olanzapine was increased to 35mg daily due to lack of efficacy. Abilify 15mg has also been added to his medication regimen. On February 5, 2024, oral Abilify was switched to injection due to concerns that Mr. Kellman was not swallowing the oral medication. Mr. Kellman has also been prescribed sertraline for obsessive compulsive behaviours.
Overall, there was a reduction in Dynamic Appraisal of Situational Aggression (“DASA”) scores, indicating less irritability, since Abilify was given by injection.
Clinical Course Since Last Disposition
Mr. Kellman has remained on the secure Unit 3-2 (“FSUA”) for the past reporting year.
There has been little overall change in Mr. Kellman’s mental status over the past year. He continues to express fixed grandiose and paranoid delusions, frequently identifying himself as “Officer Murphy”. He does not believe that he has a mental illness, denies having any outstanding criminal charges, and asserts that he is not under the jurisdiction of the ORB. He continues to lack insight into his illness and the reason for his detention.
Mr. Kellman has enjoyed varying privilege levels and had achieved up to level 6 passes, being indirectly supervised passes for recreational and social purposes. On March 3, 2025, a case conference confirmed that Mr. Kellman was appropriate for transition to a general unit. However, on March 10, 2025, a code white was called due to a heated verbal argument with a co-patient in which a co-patient alleged that Mr. Kellman had been urinating and masturbating in the sink. Mr. Kellman denied the allegations and told staff that he would not press charges against the co-patient because he was an “ambassador to the United States”. He was placed on 15-minute observations for a week and his indirectly supervised passes were suspended. These restrictions were discontinued on March 18, 2025. Transition planning to a general unit resumed.
On April 10, 2025, Mr. Kellman dropped a kitchen knife when returning from a pass. A search of his person revealed two additional concealed sharp, pointed kitchen knives on his person. He explained he had the knives for self-defence citing fears of co-patients harming him and delusions that he is part of the police force and had been telepathically instructed by a “Chinese police magistrate” to arm himself. Following this incident, all passes were suspended. Level 2 passes resumed on April 15, 2025.
Throughout the reporting period, Mr. Kellman continued to refuse bloodwork, precluding a trial with clozapine, which is clinically indicated due to persistent psychosis.
Mr. Kellman has received seven DASA scores of three or higher due to verbal aggression this reporting period. The treatment team is currently addressing a care plan for the verbal aggression and public voiding that causes conflicts with others on the unit.
Mr. Kellman has not engaged in any substance use in the reporting period. He did not participate in any structured substance use programming.
Mr. Kellman has had multiple visits to his parents this year at the care facility where they live.
Mr. Kellman is considered to still be unfit to stand trial from a psychiatric perspective.
Oral Evidence
In his oral evidence, Dr. Jones testified that he has been Mr. Kellman’s treating psychiatrist since Mr. Kellman’s arrival on unit 3-2.
Dr. Jones testified that, on the morning of this hearing, he assessed Mr. Kellman’s fitness to stand trial. His opinion is that Mr. Kellman remains unfit to stand trial. During the assessment, Mr. Kellman indicated he is not Jamie Kellman, but rather Officer Murphy, a magistrate from the U.S.A. He stated that he has never been in the hospital in his life and believes he is in CAMH because the police brought him here for accommodations. Mr. Kellman stated his belief that he has no offenses against him, does not accept in any form that he is under the authority of the ORB. Mr. Kellman was able to identify that defence counsel is a person who would represent him. He stated that he doesn’t understand the role of a judge because he has never been in front of a judge.
Dr. Jones testified that Mr. Kellman’s cognitive abstract reasoning is lacking because of the ongoing symptoms of psychosis.
Dr. Jones does not believe that Mr. Kellman should be declared permanently unfit at this time. All avenues of treatment (i.e. clozapine) have not yet been pursued.
Despite not having insight into his illness or need for medication, he has been largely compliant with treatment. Therefore, the clinical team feels that he could be managed on a general unit. On February 25, 2025, CAMH management agreed to Mr. Kellman’s transfer to a general unit. Plans for this transfer remain in place despite an incident on April 10, 2025, wherein Mr. Kellman purchased three kitchen knives while on an escorted pass. It is not known how he managed to buy knives while escorted by staff. When questioned by staff, Mr. Kellman says he purchased the knives because, as a police officer, he was entitled to have the weapons for self-defence against someone on the unit whom he says was threatening him. His passes were suspended as a result of this incident. He is now in the process of building his privilege level back up.
Dr. Jones testified that Mr. Kellman is treatment resistant. The clinical team is considering clozapine treatment for Mr. Kellman. However, Mr. Kellman is opposed to taking clozapine or having the necessary bloodwork that is necessary on an ongoing basis. Therefore, the clinical team is planning a consult with an ethicist to discuss the possibility of making the bloodwork and treatment with clozapine contingent on having passes in the community.
Dr. Jones testified that the plan over the next year is to assist Mr. Kellman to improve his symptom burden and insight. He plans to move Mr. Kellman to a general unit where he will be able to enjoy a lower level of security. Dr. Jones hopes that clozapine will be an option in the coming year.
Dr. Jones testified that Mr. Kellman likely had a long period of noncompliance with medications and homelessness after his 2014 Absolute Discharge. It is often difficult to restore an individual to a stable psychosis-free mental state when they have been without treatment for long periods of time. This may be what Mr. Kellman is now experiencing.
Mr. Kellman has complied with all urine drug screening on the unit. All urine drug tests have returned negative for substances. He has had many positive accomplishments this year including working in the canteen, satisfactory involvement in groups, and no aggressivity.
Analysis and Conclusions
Fitness
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Kellman would not be able to be meaningfully present nor meaningfully participate in a trial at this time. Mr. Kellman’s psychotic symptoms severely impact his ability to identify himself, identify charges outstanding, understand available options, and communicate regarding court proceedings. He has been unable to understand that he is under the jurisdiction of the ORB. He is unable to identify the role of the judge in court proceedings.
Mr. Kellman’s psychotic symptomology affects his rudimentary understanding of the legal process and his own identity. He is resolutely deluded from understanding that the ORB or that the legal process applies to him in any way.
Based on the oral and documentary evidence and the guidance as set out in R v. Bharwani, 2023 ONCA 203, the Board finds that Mr. Kellman is unfit to stand trial. There is not conclusive evidence that Mr. Kellman is permanently unfit. There remain treatment options that he has yet to try, such as clozapine. He has responded to medication in the past, successfully enough to be granted an Absolute Discharge in 2015 when last under the jurisdiction of the ORB.
Significant Threat
The Board finds that Mr. Kellman remains a significant threat to public safety. He has a history of assaultive behaviour, continuing positive symptoms of his schizophrenia, and a lack of insight regarding his illness and need for treatment. Without the current level of supervision, Mr. Kellman would likely disengage from treatment, become increasingly psychotic, and engage in violence as he has done in the past.
The extent to which substances have factored into his risk is not currently known given Mr. Kellman’s inability and refusal to engage in assessments regarding the same.
Mr. Kellman, even when residing on a secure unit, was able to purchase three kitchen knives during an escorted outing into the community. Mr. Kellman felt he needed these knives for self-defence due to his perception that he was being threatened by a co-patient, which threats never been observed by staff nor has any discord. Mr. Kellman’s psychotic beliefs were clearly at play during this recent incident. Without close observation, Mr. Kellman’s use of the knives for his perceived need for self-defence is a likelihood due to his ongoing psychosis.
Necessary and Appropriate Disposition
Having found Mr. Kellman unfit to stand trial, but not permanently so, the Board must make a Disposition that is necessary and appropriate, considering the criteria delineated in s. 672.54 of the Criminal Code.
Mr. Kellman remains detained on a secure unit at this time. The treatment team continues to plan for transfer of Mr. Kellman from FSUA to a general unit. Mr. Kellman has persistent and severe symptoms of his treatment-resistant schizophrenia requiring close observation.
It is clear that Mr. Kellman’s risk to the public due to the psychosis is only manageable within hospital. At the hearing, Dr. Jones provided a clear and realistic plan for Mr. Kellman for the coming year, which incorporates the least restrictive and least onerous detention in hospital as Mr. Kellman moves forward to a general unit.
Mr. Wildman, in submissions, submitted that indirect community privileges should be included in this coming year’s Disposition. This is to allow for a degree of latitude in the Disposition if Mr. Kellman becomes ready for indirect community privileges in the next year. The Board has not been presented with evidence at this hearing that would support the possibility of indirect community privileges in the coming year and has serious concerns with respect to Mr. Kellman’s accessing the community indirectly supervised given his history of aggressive behaviour, paranoia (including a belief that he is unsafe and needs to be able to defend himself), and attempts to bring weapons into the hospital. Therefore, the request is declined.
The Board commends Mr. Kellman for his positive accomplishments this year such as working in the canteen, attending groups, and refraining from aggressivity. The Board wishes the best for Mr. Kellman in the coming year.
In consideration of the criteria set out in s. 672.54 of the Criminal Code and based on the documentary and viva voce evidence, and in particular the safety of the public, the mental condition of Mr. Kellman, his other needs, the Board unanimously agrees that the least onerous and least restrictive disposition is Detention on Forensic Service at CAMH with no change to the terms, as set out in our formal Disposition.
DATED this 8^th^ day of August, 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Murray
Legal Member
__________________
Office of the Registrar
Ontario Review Board