Re: Edward Wallace Backlund
ORB File No: 0989
Hearing held on: Thursday, June 19, 2025
Place of hearing: North Bay Regional Health Centre – North Bay Site
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Fraser
Members: Dr. R. Kunjukrishnan
Dr. G. Stones
Ms. C. Murray
Mr. A. Bouvier
Parties Appearing:
Accused: Edward Wallace Backlund
Counsel: Mr. C. Bracken
The person in charge of hospital: Counsel: Mr. P. Trenker
The person on behalf of hospital: Ms. C. Condie
Attorney General of Ontario: Counsel: Mr. M. Wlodarczyk
REASONS FOR DISPOSITION
(Dated August 12, 2025)
Introduction:
On August 19, 1987, Mr. Edward Backlund was found not guilty by reason of insanity (“NGRI”) on a charge of sexual assault, contrary to the Criminal Code of Canada (the “Criminal Code”).
On June 19, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Backlund’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Backlund was ordered detained within the Forensic Programs at North Bay Regional Health Centre – North Bay Site (“NBRHC” or “the hospital”), with privileges up to and including living in the community in 24 hours per day, 7 days a week supervised accommodation approved by the person in charge.
Mr. Chad Bracken requested an Order to appoint him as counsel of record for Mr. Backlund. The Order was granted by the Board pursuant to s.650.01(1) of the Criminal Code. Mr. Backlund was present at the hearing and represented throughout by Mr. Bracken.
A Hospital Report dated May 22, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Backlund continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Backlund continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition within the Forensic Programs at NBRHC with no change to the terms of the Disposition is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and having regard to Mr. Backlund’s mental health, reintegration into society, and his other needs.
Current Psychiatric Diagnoses:
- Schizophrenia; and, Substance Use Disorder, in sustained remission in a controlled setting
Position of the Parties:
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, represented by Mr. Trenker, supported by counsel for the Attorney General, Mr. M. Wlodarczyk, took the position that Mr. Backlund continues to represent a significant threat to the public and the necessary and appropriate Disposition is a continuation of the current Detention Order on the same terms as last year.
Counsel for Mr. Backlund, Mr. Bracken, conceded significant threat and agreed with the hospital’s recommendations.
Index Offence:
- The details of the index offences are found in the Hospital Report. They are extracted herein as follows:
“Mr. Backlund was discharged from Lakehead Psychiatric Hospital on April 13, 1987,
against medical advice. Approximately three weeks later, on May 1, 1987, he decided to travel from Thunder Bay to Toronto. He spent the first night in a Salvation Army Hostel and the following evening, he was wandering the streets looking for a place to stay. He stated that he was looking for a hostel and felt "horny". He noticed a large building (Toronto General Hospital Nurse's Residence) and saw a female in one of the windows. He entered the building and knocked on the door of a room. A woman answered, and he asked to use a telephone. She let him in then he asked for a cigarette. The victim felt that he did not want to use the phone and asked him to leave. He pushed her against the wall, and tried to kiss her, and grabbed her breast and leg. She struggled and screamed. The patient ran and was arrested on another floor of the building. He was charged with Sexual Assault.”
The Hospital Report contains extensive information regarding Mr. Backlund’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
Mr. Backlund is a 60-year-old male born in Ontario and raised in Thunder Bay. He left school at age 16 in grade 11.
Mr. Backlund has a significant criminal history, commencing in 1981. The Hospital Report outlines charges of forcible entry, resist arrest, possession of a weapon, assault causing bodily harm and three counts of simple assault.
Mr. Backlund has a history of psychiatric admissions starting at the age of 15. He had 14 admissions to Lakehead Psychiatric Hospital, two to Metropolitan Toronto Forensic Service (METFORS), and admissions to each of London Psychiatric Hospital, St. Thomas Psychiatric Hospital and St. Joseph’s General Hospital. Prior to the index offence his admissions had been of short duration and his diagnosis was usually schizophrenia.
Following the NGRI finding, Mr. Backlund was admitted to St. Thomas Psychiatric Hospital in 1987 and remained there until 1989. Because of his increasingly aggressive behaviour, the ORB ordered a transfer to Oak Ridge Division, Mental Health Care Centre Penetanguishene (“Oakridge”), where he remained until 2010. Mr. Backlund was then transferred to the Secure Forensic Program at Ontario Shores Centre for Mental Health Sciences until 2012, when he was then transferred back to Waypoint Centre for Mental Health Care (previously Oakridge) at his request. He had been struggling with destabilizing factors, which resulted in a significant increase in physical aggression. Mr. Backlund was transferred to NBRHC in 2019. He continues to reside on a forensic rehabilitation unit.
Mr. Backlund requires assistance to perform the majority of his activities of daily living. He is considered a fall risk. He fell five times in the past four months of this reporting year while ambulating.
Mr. Backlund is not capable to consent to treatment. Substitute consent is provided by the Public Guardian and Trustee (“PGT”).
Mr. Backlund is supported by the Ontario Disability Support Program (“ODSP”).
Mr. Backlund has a history of repeatedly being physically assaultive even while detained within secure hospital settings. He has an extensive history of non-compliance with medication while detained in highly secure controlled environments. With support and supervision, Mr. Backlund has remained compliant with medication this reporting year. Despite adherence, he continues to experience residual psychotic symptoms that have a cyclical pattern.
There has been little change to Mr. Backlund’s clinical status in the past year. He continues to experience a cyclical pattern where he tends to perseverate on various topics including the devil, war in space, the universe, and germs. During these episodes he experiences increased impulsivity, irritability, agitation, and invades the personal space of others.
In late December 2024, Mr. Backlund’s care was transferred to Dr. Gagnon.
There have been no incidents requiring seclusion in the reporting year.
Mr. Backlund has appropriately used off-unit accompanied privileges this year. He has participated in the 50-plus group throughout the reporting period and regularly attends the Easy Fit recreation program. He participates in regular supervised outings into the community with one-to-one support and supervision.
Mr. Backlund has not had contact with his family for many years. He does not have social supports outside the hospital.
An application to long-term care was submitted by Mr. Backlund’s social worker. However, the LHIN Care Coordinator advised that he would likely be declined due to his continued cyclical psychotic pattern and behaviours associated with his mental illness. The Care Coordinator indicated that the current risk level would be too high to manage in long-term care. Housing options for Mr. Backlund are very limited.
Evidence at the Hearing:
The Board had available to it the exhibits and documents forming the Record, the Hospital Report, and oral evidence of Dr. Gagnon, who is Mr. Backlund’s psychiatrist since December 2024 and the author of the Hospital Report.
Dr. Gagnon testified that in the past year, Mr. Backlund suffered pneumonia which resulted in delirium. The cyclical outbursts have continued unchanged this reporting year. Mr. Backlund would benefit from nursing home care but because of the cyclical nature of the concerning symptoms of his mental illness he will not be accepted.
Dr. Gagnon testified that, with time, the risk assessment, which is at the high end of the continuum, will become less relevant and will make him a better candidate for a nursing home. At this stage, Mr. Backlund is becoming frail and is much less steady on his feet in the past few months. His physical limitations have not been factored into the risk assessments. The lack of notable incidents this year is due to optimization of Mr. Backlund’s medications and his failing mobility. This past year he has not been physically aggressive. However, he continues to talk about demons and display psychiatric symptoms, which may be distressing to co-residents of a nursing home.
In response to questions of the Board, Dr. Gagnon addressed clause 4(a) of the Disposition, which requires Mr. Backlund to abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant. Dr. Gagnon opined that, although the clauses in 4(a), (b), and (c) might not be immediately necessary, these clauses will be helpful to get him accepted to a nursing home, which may be the least onerous and restrictive setting ultimately.
Analysis and Conclusions:
Having heard and considered the entirety of the evidence as well as the joint submission from the parties, the Board independently finds that Mr. Backlund remains a significant threat to the safety of the public.
Mr. Backlund’s risk to the public stems from his persistent schizophrenia. Despite current adherence to medication, Mr. Backlund continues to experience a cyclical pattern of decompensation resulting in the emergence of psychotic symptoms. During the periods of decompensation, he becomes agitated, argumentative, non-responsive to direction, and intrusive.
The Hospital Report notes that it is highly likely that Mr. Backlund would become non-compliant with medication resulting in significant decompensation in his mental status were he not intensely supported and supervised by the treatment team.
Mr. Backlund has had numerous risk assessments over the years. The Hospital Report notes that an updated Assessment of Risk of Violent Reoffending was completed May 5, 2025. In considering the PCL-R:2, HCR-20, RSVP-V2, STATIC-99R, historical, and protective factors, the assessors opined that Mr. Backlund’s risk for future violence is high (without all the supports in place), risk for serious physical harm is high, risk for imminent violence is moderate (given all the supports in place) and risk for sexual recidivism is moderate (given all the supports in place), but likely high without any support or supervision. The Board notes that these risk assessments may not be reflective of Mr. Backlund’s current situation given his significant physical decline this past year. However, the Clinical Assessment of Risk set out in the Hospital report highlights several factors aggravating risk and two factors lowering risk. The treatment team took these factors into consideration in coming to the unanimous opinion that Mr. Backlund continues to pose a threat to public safety.
The Board accepts the unanimous opinion of the treatment team and the joint submissions in concluding that Mr. Backlund continues to pose a significant threat to the safety of the public.
In light of the Board’s independent finding of significant threat, it is charged with shaping a Disposition for the coming year.
It is clear to the Board that a continuation of the Detention Order is necessary to ensure that the hospital can continue to provide the intensive level of support and supervision necessary for Mr. Backlund to continue his rehabilitation and move forward to future reintegration into the community. Further, a Detention Order is necessary for the hospital to be able to approve Mr. Backlund’s housing should he become appropriate to live in the community in a nursing home in the future. Anything less than a Detention Order would put the safety of the community at significant risk.
The Board considered the removal of clauses 4(a), 4(b), and 4(c) of the Disposition but were ultimately swayed to maintain the clauses to assist with the future applications for placement of Mr. Backlund into nursing home care, which would likely become the least onerous and restrictive environment in the future, bearing in mind the safety of the public.
The Board finds that the necessary and appropriate, least onerous, and least restrictive Disposition is a Detention Order within the Forensic Programs at NBRHC on the same terms as last year.
The panel commends Mr. Backlund for remaining compliant with his medication regimen and the reduction in concerning behaviours this year. We wish him the best for the coming year.
DATED this 12th day of August 2025, at the City of Toronto, in the Toronto Region
Ms. Christine Murray
Legal Member
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Office of the Registrar
Ontario Review Board