Re: Neil J. Teneyck
ORB File No: 8058
Hearing held on: Thursday, May 8, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Sections 672.48(1) and 672.81(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: Neil J. Teneyck Counsel: Ms. C. Francis (via Zoom)
The person in charge of hospital: Representative: Ms. M. Kraftscik
Attorney General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DISPOSITION
(Dated August 6, 2025)
Introduction
On March 28, 2022, Neil Teneyck was found unfit to stand trial on account of mental disorder on a charge of sexual assault, contrary to the Criminal Code of Canada. Mr. Teneyck is currently subject to a disposition of the Ontario Review Board (the Board), dated May 28, 2024, detaining him at Waypoint Centre for Mental Health Care – Brébeuf Program for Regional Forensics (Waypoint/the hospital), with discretionary privileges up to and including the ability to live in the community, anywhere in Ontario, in accommodation approved by the person in charge.
On May 8, 2025, the Board convened a hearing to determine whether Mr. Teneyck continues to be unfit to stand trial and, if so, whether he represents a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code. Mr. Teneyck was present and represented by Ms. Francis.
At the outset of the proceedings, all parties were canvassed as to their respective positions. Ms. Kraftscik, on behalf of the hospital, submitted that Mr. Teneyck remains unfit to stand trial. He also continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order. Ms. Armenise, on behalf of the Ministry of the Attorney General, concurred in the hospital’s positions. Ms. Francis indicated that she had received the same problematic answers during her recent fitness assessment of Mr. Teneyck and that Mr. Teneyck was looking forward to being discharged to the community.
Findings
- For the reasons that follow, the Board finds that Mr. Teneyck remains unfit to stand trial. He continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order with the same terms and conditions.
Evidence
- The evidence at the hearing consisted of the Hospital Report, dated March 13, 2025 (ex. 1), a Fitness Update, dated May 6, 2025 (ex. 2), and the viva voce evidence of Dr. A. Jones, Mr. Teneyck’s treating psychiatrist.
The Alleged Index Offence
- The circumstances of the alleged offence are taken from the previous Reasons for Disposition:
“Mr. Teneyck and the female complainant both resided at the same group care residence in Gravenhurst, Ontario. Both have been diagnosed with various mental health issues and have a limited level of independence while living at the residence. On April 2, 2021 at approximately 3:00 a.m., the complainant left her room in the group home to purchase a beverage from a vending machine in the common room of the residence. She sat in a chair to consume her drink and fell asleep. She awoke to a feeling of pressure in her groin area and saw the accused kneeling down in front of her with his hand inside her vagina. She told him to stop and shoved him away. She later told the manager and Mr. Teneyck was arrested.”
Background Information
The Hospital Report contains details about Mr. Teneyck’s background and psychiatric history and need not be reviewed here beyond the following material facts. Mr. Teneyck is a 64-year-old man who was born and raised in Parry Sound. He is the fifth oldest of seven children. When Mr. Teneyck was 9 or 10 years of age, his father left, leaving his mother to take care of the children by herself. Three years later, she died of cancer. As a consequence, Mr. Teneyck resided in four different foster homes.
Mr. Teneyck stated he started drinking and abusing drugs around the age of 13. He used a variety of substances including alcohol, cocaine, opium, heroin, speed, mescaline, and fentanyl.
Mr. Teneyck’s first admission to hospital was from May 11 to July 18, 1979, pursuant to a Form 1 under the Mental Health Act. He reported auditory hallucinations which resolved when treated with stelazine. A drug/ alcohol-induced psychosis was queried.
Over the following years. Mr. Teneyck had numerous admissions to Waypoint and other hospitals in the region. He often exhibited a deterioration in his mental status in the context of substance use and noncompliance with medication. Thought disorder and auditory hallucinations were also noted.
A neuropsychology report from 2019 states Mr. Teneyck has an IQ of 82. Mr. Teneyck also has a diagnosis of alcohol-induced major neurocognitive disorder, which has caused a cognitive decline.
Since being found unfit to stand trial in March 2022, Mr. Teneyck has been under the care of the Brébeuf Program at Waypoint. Following a number of successful Leaves of Absence (LOAs), he was officially discharged in August 2023 to Jennings Lodge, a Community Home for Opportunity (CHO) residence, which fell under the Canadian Mental Health Association’s umbrella of care.
Since his discharge, Mr. Teneyck has had a number of brief readmissions to hospital. Historically, substance use has resulted in a rapid deterioration in his mental status. This is of particular concern as he has a history of vulnerability to relapse of psychosis in those circumstances. Notably, he had been using cannabis at the time of the index offence.
Dr. Jones and the treatment team have wanted to support Mr. Teneyck living in the community while recognizing that his risk to the safety of the community increases significantly when he uses cannabis. Although Mr. Teneyck assures the team that he is going to abstain from using cannabis, when he is in the community, he has difficulty following through. Jennings House was a co-ed group home similar to the residence that he was residing in at the time of the alleged index offence. Therefore, it is crucial that the hospital monitor his substance use and mental status closely.
In order to continue to support Mr. Teneyck in the community while managing his risk, a plan was developed. It requires that Mr. Teneyck attend the Brébeuf Program daily for at least one hour, and up to three hours, for drug testing, and for monitoring of his mental status. Mr. Teneyck is given taxi chits to come and go to the hospital on a daily basis. If he has used cannabis and/or exhibits a change in his mental status, the intent is to bring him back into the hospital until such time as he is clear of the substances and he has re-stabilized.
Pursuant to that plan, Mr. Teneyck has been admitted to hospital on a number of occasions over the past two years after providing a positive drug screen and signs of mental instability. Each time, once his urine samples were negative and he had returned to his baseline, he was discharged back to Jennings Lodge.
Course Since the Last Disposition
- Mr. Teneyck’s current diagnoses are:
Schizoaffective Disorder, Bipolar type
Alcohol-induced major neurocognitive disorder,
Amnestic confabulatory type, with moderate to severe use disorder
Pica, in adults
Alcohol Use Disorder – severe
Cannabis Use Disorder – moderate
Consistent with years previous, Mr. Teneyck struggled to abstain from substance use. He tested positive for cannabinoids on 14 occasions. Within this context, he was periodically admitted to the Brébeuf Program. There has been no improvement in his insight or understanding of the impact of substance use on his mental health and associated risk for violence. He continues to exhibit poor impulse control notwithstanding his stated intention to abstain. This could be due to his cognitive abilities as well as his long-term use of alcohol.
When living in the community, Mr. Teneyck is compliant with his medication, although he generally needs reminders from staff at the residence to take his morning medications.
Unfortunately, Jennings Lodge closed permanently on January 22, 2025. In the absence of alternative housing, Mr. Teneyck was required to remain in hospital. In anticipation of the closing of Jennings Lodge, the treatment team identified LOFT – Penetanguishene as a suitable residence for Mr. Teneyck. LOFT has private rooms, is staffed 24/7, and provides both meals and medication supervision. The door to the unit is locked and is managed by staff. It includes social and recreational enrichment. It is most suitable for residents over 55 years of age. A referral to LOFT was completed in December, and following an intake meeting on January 20, 2025, Mr. Teneyck was deemed eligible and appropriate. He currently remains on the waitlist.
During his latest admission to hospital, Mr. Teneyck exhibited signs of sexual disinhibition, masturbating to pornography on the computer in the unit’s common lounge. He also tested positive for cannabinoids on January 30, 2025. Mr. Teneyck has been unwilling to participate in any group programming geared to relapse prevention. He maintains that he will abstain.
Mr. Teneyck continues to have contact with his cousin who is a First Nations Chief in the Parry Sound area. Mr. Teneyck has declined to meet with the hospital’s Indigenous Healer. However, he did attend the annual Midland Pow Wow with other co-patients and staff in June 2024.
Dr. Jones conducted a clinical assessment of Mr. Teneyck’s risk in March 2025 and made the following observations, as found at p. 51 of the Hospital Report:
“Mr. Teneyck has a lengthy history of psychotic disorder dating back to approximately age 17 years. He has a history of intermittent compliance with psychiatric medication and follow up, and rapid decompensation. He has repeatedly required involuntary admission to hospital under the Mental Health Act, has repeatedly eloped from hospital, and he has repeatedly signed out of hospital against medical advice. At present, with the close monitoring and supervision of the forensic program, Mr. Teneyck is taking his medications regularly and has been more stable. If Mr. Teneyck becomes irregularly compliant with his medications in future, he is at high risk of relapse of psychosis and he would thereby pose an increased risk.
Mr. Teneyck has a lengthy history of poly-substance abuse. It is noted in his clinical files that he is very vulnerable to psychotic relapse when he uses cannabis. He was noted to have been using cannabis leading up the alleged offence. He has tested positive for cannabinoids on several occasions over the past year, at times resulting in change to his mental status. The hospital has closely monitored his substance use, and his mental status, with the intent to quickly intervene if necessary and appropriate from a risk management perspective. Mr. Teneyck has impulsivity and poor judgment and he remains at high risk of relapsing into substance use over the next year. If he uses substances, he will be at high risk for relapse of psychosis and thereby pose an increased risk...
In addition to the alleged offence, Mr. Teneyck has a history of aggression and threats of aggression especially in the context of relapse of mental disorder and substance use. In March 2025, Mr. Teneyck engaged in inappropriate sexual behaviour which is of particular concern given the alleged index offence.”
According to the Update, Dr. Jones assessed Mr. Teneyck for fitness on May 6, 2025, and found that he remains unfit to stand trial. He was not able to identify the various participants in a trial nor their roles. Further, he did not seem to appreciate the pleas available to him and the possible outcomes.
Dr. Jones testified before the Board. She indicated that she has asked Mr. Teneyck fitness questions many times and he is able to correctly answer different questions correctly on different days. In her opinion, this is more by chance as opposed to an appreciation of their meaning. In her opinion, Mr. Teneyck is not able to meaningfully instruct counsel nor meaningfully participate in any court proceedings, notwithstanding significant fitness coaching. It is Mr. Teneyck’s cognitive difficulties that primarily are impeding his fitness.
Dr. Jones testifies that Mr. Teneyck remains a significant threat to the safety of the public. He is extremely vulnerable to the effect of cannabis products. Even after using small amounts, he has exhibited worsening symptoms of his psychosis.
Dr. Jones indicated that since the time of the alleged offence, he has been sexually disinhibited and inappropriate. This was identified as a concern prior to his transfer to the Brébeuf Program and remains a concern as evidenced by the recent incident in the unit’s lounge. Dr. Jones reported that the team is concerned about the risk Mr. Teneyck poses in the community, especially when he is unwell, particularly should he reside in another co-ed living environment where there are other vulnerable co-residents.
Dr. Jones testified that the team is able to manage Mr. Teneyck’s risk. Once Mr. Teneyck is discharged to the community, the team will continue to implement the plan that requires him to attend at the clinic on a daily basis. Dr. Jones is hopeful that in the new residence, Mr. Teneyck will be more successful at abstaining from substances.
Dr. Jones testified that in her opinion, a detention order is the necessary and appropriate disposition. The hospital requires the ability to approve Mr. Teneyck’s accommodation and to act quickly to bring him back to hospital when his risk increases.
In response to questions from Ms. Armenise, Dr. Jones indicated that Mr. Teneyck could be permanently unfit. Practically speaking, she does not consider it an issue as Mr. Teneyck remains a significant threat to the safety of the public. The doctor indicated that Mr. Teneyck likely is permanently unfit. His cognitive impairments are significant and unlikely to improve sufficiently to render him fit. To date, they have been stable, neither improving nor deteriorating. Further, Mr. Teneyck’s diagnosis of Substance Induced Neurocognitive Disorder, Amnestic Confabulatory Type (with moderate-severe substance use disorder) contributes to causing him to provide incorrect answers to the fitness test questions.
All parties maintained their initial positions.
Analysis and Conclusion
The Board carefully considered the two Hospital Reports and the evidence from Dr. Jones and unanimously concluded that Mr. Teneyck is unfit to stand trial. Notwithstanding ongoing fitness coaching and a number of meetings with Dr. Jones, Mr. Teneyck remains unable to appreciate the roles and responsibilities of the participants in a court hearing. He is neither able to meaningfully participate in any court proceedings nor meaningfully instruct counsel. This is due in part to his cognitive impairment resulting from alcohol use disorder, and his diagnosis of Substance Induced Neurocognitive Disorder. As such, he remains unfit to stand trial and may be permanently unfit.
The Board further finds that Mr. Teneyck remains a significant threat to the safety of the public. He has a diagnosis of Schizoaffective Disorder, Bipolar type. When untreated and/or in the context of any substance use, even small amounts, Mr. Teneyck’s mental status rapidly deteriorates. Historically, this has led to aggression and threats of aggression and inappropriate sexual behaviour, such as the time of the alleged index offence. In that event, he represents a significant threat to other vulnerable co-residents in particular.
Having found that Mr. Teneyck 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 panel agrees that the necessary and appropriate disposition is a detention order with the same terms and conditions. Mr. Teneyck requires close supervision and monitoring to ensure that he remains compliant with his medication and to permit the identification of any substance use and related change in mental status.
With the implementation of the risk management plan, Mr. Teneyck has been able to enjoy residing in the community. The hospital has been able to manage Mr. Teneyck’s risk by having him attend the clinic on a daily basis to provide a urine sample for testing and his mental status assessed.
The hospital requires the ability to approve Mr. Teneyck’s accommodation to ensure the appropriate level of supervision and support. Further, the hospital requires the ability to admit Mr. Teneyck to hospital pursuant to the treatment plan, should he show signs of mental deterioration. This is crucial to managing his risk in the community given his proposed residence will include other vulnerable co-residents.
In conclusion, the Board finds that Mr. Teneyck remains unfit to stand trial; he remains a significant threat to the safety of the public; and the necessary and appropriate disposition is a continuation of his current detention order.
DATED this 6th 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