Re: Duke Godfrey
ORB File No: 6113
Hearing held on: Tuesday, June 10, 2025
Place of hearing: Centre for Addiction and Mental Health (Via Zoom Video Conference)
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. G. Beasley Members: Dr. R. Kunjukrishnan Dr. C. Rose Ms. J. Ferguson Ms. R. MacIntyre
Parties Appearing:
Accused: Duke Godfrey Counsel: Mr. D. Brodsky
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DECISION
(Dated August 6, 2025)
Introduction
1. On April 19, 2012, Duke Godfrey was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault with a weapon, assault, and failure to comply with probation order, all contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated December 21, 2023, whereby he is detained at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH” or the “hospital”) with privileges up to and including community living in the Greater Toronto Area in accommodation approved by the person in charge.
2. On March 20, 2025, Mr. Godfrey, who had been residing in the community, was readmitted to hospital on an inpatient basis and remained in hospital until he was released back into his housing in the community on May 16, 2025. As a result of having been advised of such readmission, the ORB convened a hearing at CAMH for the purpose of a review of the Restriction of Liberty (“ROL”), pursuant to s. 672.81(2.1) of the Criminal Code. Mr. Brodsky, counsel for Mr. Godfrey was in attendance at the hearing, which was conducted by video conference technology, as was Mr. Godfrey. Ms. Marshall appeared as counsel for the hospital and Mr. Feindel appeared as counsel for the Attorney General of Ontario.
Circumstances of the Index Offence
3. The circumstances giving rise to the index offences are summarized in the Board’s Reasons for Disposition dated January 18, 2024, as follows (at paragraphs 3-6): “On August 9, 2011, Mr. Godfrey confronted a man on the street and asked him “Do you love me?” The man replied that he “loved everybody”. Mr. Godfrey demanded the man kiss him and when the man refused, he pulled out a 12-inch knife and threatened the man with it. The man fled. Mr. Godfrey then approached a second man and when he did not get the response he wanted, pushed the man against a wall, showed him the knife and demanded that the man tell Mr. Godfrey he loved him. The man complied and then left.
4. Mr. Godfrey then entered a convenience store. He demanded cigarettes while waving his knife. After he was given a cigarette, he left the store. Mr. Godfrey had stopped taking his medications in the weeks before the index offences. He was also using cannabis daily.”
5. At the time of index offences, Mr. Godfrey reported that he had been using substances (cannabis and crack cocaine), was hearing voices, and was carrying a knife to protect himself.
Current Diagnoses:
6. The current diagnoses is taken from the hospital report as follows:
Schizophrenia
Substance Abuse Disorder
Background & Personal History:
7. Mr. Godfrey’s personal background and history are set out in detail in the Hospital Report and will not be repeated here. Briefly summarized, Mr. Godfrey is a 40-year-old single man who came to Canada from Jamaica when he was six years old. He was raised by his aunt, who continues to be his primary social support. Mr. Godfrey graduated from high school and worked at various apprenticeship programs and jobs. He also attended some college courses.
8. Mr. Godfrey began to use cannabis at age 14. He began to use crack cocaine in August 2011.
Circumstances of the Readmission:
9. Concern was building in his accommodation and FOPS team from February 2025 that he was struggling. He seemed to be under increased stress and became increasingly concerned about the situation in his housing, focusing on issues such area of bird feces as being a potential health risk. He also developed an upper respiratory infection. He questioned whether the medication given to him by a pharmacist for this was real or had been interfered with. He became increasingly concerned and despondent, aggravated by the Hospital position for his ORB hearing on not be recommending a conditional discharge at his ORB hearing in early March, something which gave him a sense of despondency. Because of missed appointments as well as increasing concern, a Form 4 was issued and he came to CAMH ER on February 27 but did not report symptoms and his UDS was negative. He did describe being in distress but felt relaxed and okay to return to his housing after an overnight stay. He returned back to his housing but concerns persisted. He first became positive for cannabis on 5 March and reported to us that he had resumed use, because he enjoyed how it made him feel, that it reminded him of the old days and some of the things that he used to do such as being a DJ. He was interested to know where he could safely use cannabis despite acknowledging that people with psychosis in general should not use cannabis. Matters deteriorated over the following week, and Mr. Godfrey refused to take medication for 1 2 days as he "wanted a break". There followed a series of incidents in his housing with people (staff and co-residents) became increasingly concerned about him being more angry and irritable. They experienced him as more aggressive, both housing staff and co-residents. He was readmitted to CAMH 20 March 2025.
Position of the Parties:
10. At the outset of the hearing, there was a joint submission by Ms. Marshall, Mr. Feindel and Mr. Brodsky that the readmission to the hospital was necessary and appropriate and the least restrictive option available at the time.
Evidence at the Hearing:
11. The evidence on behalf of the hospital was presented by Dr. Simpson. Dr. Simpson gave evidence that Mr. Godfrey tested positive for cannabis on March 4, 2025 and that Mr. Godfrey admitted using cannabis at that time. Mr. Godfrey also missed some of his appointments and had one overnight stay at CAMH emergency department. Mr. Godfrey was also not using his medications as prescribed and had missed some of his doses. Over the course of the readmission, Mr. Godfrey at times acknowledged becoming paranoid from time to time but on other occasions denied feeling paranoid. Mr. Godfrey agreed to a change to his medication regime. Mr. Godfrey’s medication had been changed to oral doses and discussions were had about returning to injections once every three months instead of monthly. Mr. Godfrey was open to discussing these possible changes. Because of Mr. Godfrey’s relapse, it was felt that it was necessary to stabilize Mr. Godfrey and his symptoms before his return to the community.
12. Dr. Simpson noted that the next Disposition Hearing was scheduled to take place fairly soon and that he has discussed with Mr. Godfrey what he needs to accomplish over the next year. Dr. Simpson also testified that Mr. Godfrey is somewhat frustrated and disappointed in his progress, especially when he compares it to that of others at the hospital. He indicated that Mr. Godfrey has accepted the fact that cannabis use is not beneficial to him and he has agreed to quit using cannabis. Mr. Godfrey has also acknowledged that he needs to refrain from using cannabis in his current housing and to follow the rules in place at his housing. Dr. Simpson and the hospital have been working with Mr. Godfrey to come up with a medication regimen that works best for Mr. Godfrey and changes to his medication have been made recently and are ongoing in order to come up with the most beneficial medications and dosages.
13. Neither Mr. Feindel nor Mr. Brodsky presented evidence at the hearing.
Submissions
14. All counsel reiterated the submission made at the outset of the hearing that the decision to admit Mr. Godfrey to the hospital on March 20, 2025 was necessary and appropriate and the least restrictive option available to the hospital at the time and that the appropriate and least restrictive option currently is for Mr. Godfrey to remain in his housing in the community.
Analysis and Decision
15. The panel is unanimous in finding that the decision to restrict the liberty of Mr. Godfrey by readmission to hospital on March 20, 2025 was necessary and appropriate and the least restrictive option available at the time in all the circumstances. This was the joint position taken by the hospital and the Attorney General and counsel for Mr. Godfrey.
16. The evidence showed that Mr. Godfrey had declined as a result of his renewed use of cannabis which was causing him to express agitation and aggression leading to conflict with others at his housing. After admission staff indicated that Mr. Godfrey may have been experiencing psychotic symptoms which may have contributed to his conflicts at his housing, along with his cannabis use.
17. Readmission allowed the hospital staff to closely monitor Mr. Godfrey and make some adjustments to his medication to reduce his psychotic symptoms. Although denying initially after admission that cannabis use was contributing to his difficulties at his housing, after treatment Mr. Godfrey again expressed a desire to give up his use of cannabis as it may be exacerbating his psychotic symptoms. Mr. Godfrey acknowledged that should he continue to use cannabis that this may jeopardize his ability to remain at Oakwood Arch
18. His admission also allowed him to use passes to go into the community to become comfortable and feel safe while being in the community. It also allowed him to abstain from the use of cannabis with the necessary supports and to have his medications altered to optimize their efficacy. For these reasons, the panel found that the continuing restriction of liberty of Mr. Godfrey during his stay in hospital until his release on May 16, 2025 was necessary, appropriate and the least restrictive option available at the time in all the circumstances.
19. All parties agreed that Mr. Godfrey’s release from hospital on May 16, 2025 allowed him to return to his housing without incident and that he should maintain his current treatment plan with the hospital as an outpatient while residing in his current housing in the community.
DATED this 6th day of August, 2025, at the City of Toronto, in the Region of Toronto.
Ms. J. Ferguson Legal Member
__________________ Office of the Registrar Ontario Review Board