Joshua Dodge, 2025 CanLII 81155

Re: Joshua Dodge

ORB File No: 7803

Hearing held on: Friday, June 20, 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: Joshua Dodge Counsel for Accused: 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: Ms. D. McCaig

REASONS FOR DISPOSITION

(Dated August 15, 2025)

Overview

1On November 13, 2020, Joshua Dodge was found not criminally responsible (“NCR”) on the Criminal Code charge of aggravated assault.

2Mr. Dodge is currently subject to a disposition of the Ontario Review Board (the “Board”) dated July 8, 2024, which detains him at the Forensic Programs of the North Bay Regional Health Centre – North Bay Site (the “Hospital”). Mr. Dodge has the outer limit privilege to live in the community of North Bay, in accommodation approved by the person in charge.

3On June 20, 2025, this panel of the Board convened a hearing at the hospital to review Mr. Dodge’s current disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Dodge was present for the hearing and was represented by counsel, Mr. Bracken.

4The issues for the Board to decide at the hearing were first whether Mr. Dodge remains a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition for the coming year based on a consideration of the factors in s. 672.54 of the Criminal Code.

5At the outset of the hearing, the parties were asked for their positions. Hospital counsel recommended a continuation of the current detention order disposition, unchanged. Crown counsel supported the Hospital position, as did counsel for Mr. Dodge. In the result, the Board was presented with a joint recommendation by the parties.

6For the reasons which follow, the Board finds Mr. Dodge is a significant threat to the safety of the public and the necessary and appropriate disposition for the coming year is the one jointly recommended by the parties, which is a detention order on the same terms and conditions as currently in effect.

Index Offence

7The circumstances of the Index Offence are excerpted from last year’s Board Reasons dated July 8, 2024, at paragraph 9 as follows:

Occurrence:

On the 12th of July 2020, Scott DUNSEATH was at his residence at 137 East Street, Sault Ste. Marie, Ontario. DUNSEATH was standing in front of the second story balcony railing talking to Cathy HARRISON and Glen WILSON, they had attended the area to use DUNSEATH's phone. HARRISON and WILSON started walking to the second floor when they heard a noise; they turned and observed DUNSEATH lying on the ground. They attended to him and called an ambulance, he appeared to be suffering from a back injury and scratches on his head. Investigators learned that video at the residence was active and recovered the event from the second floor. The video shows DUNSEATH standing in front of the railing, Joshua DODGE comes out of his apartment and picks up DUNSEATH and throws him over the balcony to the ground. DODGE then returns to his apartment. Doctor BEDEUHN at the SAH confirms that DUNSEATH suffered a broken back and tailbone and was admitted to hospital for observation.

Arrest:

Constable MILLER attended the area of 137 East Apt 205 and confirmed that the male in the video was in apartment 205. MILLER knocked on the door and arrested Joshua DODGE without incident at 1824hrs. DODGE was read his Rights to Counsel and caution which he advised that he understood. DODGE spoke to his Lawyer of choice at 1915 hours. Due to the injuries and the completion of the investigation DODGE was advised at 2237 hrs. that the charges would be changed to Aggravated Assault and he was read his rights to counsel and caution again. DODGE spoke to his Lawyer of choice again at 2241hrs.

Background and Course Since Last Hearing

8The Hospital Report dated May 20, 2025 (Exhibit 1) details Mr. Dodge’s personal background and psychiatric history in course under the Board. These details need not be repeated in the reasons. Some relevant information will be highlighted.

9Mr. Dodge grew up with his biological mother and half-sister. Mr. Dodge does not know his biological father, whom he reported to be deceased. Mr. Dodge experienced panic attacks at a young age and was easily overwhelmed and would lose his temper with his sister. He had difficulty building relationships with his peers and did not have friends when he was growing up. It is reported that Mr. Dodge’s mother suffers from schizophrenia and that he apparently a tumultuous relationship with her. He alleged that his mother had sexually abused him, which he confided into his sister. For a time, he had no communication with his mother, but he has recently reconnected with her. Mr. Dodge disclosed the sexual abuse allegation to his sister. Apparently, when his sister confronted his mother, she was defensive but did not deny the allegations.

10Mr. Dodge did not have a criminal record prior to the aggravated assault Index Offence. He was charged with assault in 2018 and that charge was the subject of mental health diversion.

11Mr. Dodge does not have a history of substance use other than alcohol, which he occasionally consumed to excess. When the aggravated assault occurred, Mr. Dodge was living in a Canadian Mental Health Association (CMHA) facility in Sault Ste. Marie.

12Mr. Dodge is diagnosed as suffering from schizophrenia. He is treatment capable for psychiatric decisions and is capable to manage his financial affairs.

13There is not a great deal known about Mr. Dodge’s prior mental health history. In 2018 he was assessed by a psychiatrist, Dr. Wallenius.

14Dr. Wallenius noted symptoms consistent with auditory hallucinations, thought withdrawal in control.

15It is noted that Mr. Dodge started on antipsychotic medication by Dr. Wallenius in 2018 and Mr. Dodge was supported by a community mental health worker during this period. Mr. Dodge struggled to maintain medication compliance. There is no history of admissions to psychiatric facilities.

16According to Mr. Dodge, he was not taking his antipsychotic medication prior to the commission of the aggravated assault Index Offence. He had stopped taking it for approximately one to two months prior. According to Mr. Dodge, he said that even while taking medications he continued to hear voices and of note the Index Offence was a result of command hallucinations which were increasing and led to irritability, aggression, and violence.

17Mr. Dodge’s current medication includes Clozapine which he has said positively impacted his recovery and that without the medication the voices would still be active. Mr. Dodge has remained medication compliant throughout the reporting year. Mr. Dodge does not use substances of any kind and has no history of same. His general physical health is stable.

18Throughout the reporting year, Mr. Dodge’s clinical status has been stable and he continues to endorse however the presence of residual perceptual disturbances, which he often experiences daily in the form of auditory hallucinations. Importantly, these are no longer command in nature (as was the case in the commission of the Index Offence) and are not considered by Mr. Dodge to be bothersome or disruptive.

19Mr. Dodge’s psychiatric care was transferred to Dr. Kolawole (from Dr. Alabi) at the end of November 2024.

20In the past reporting year, Mr. Dodge has participated in cognitive behavioural therapy (CBT) sessions for psychosis with one of the forensic in-patient occupational therapists. He has made some progress as a result of this therapy.

21In the past reporting year, there have not been any concerns of note relating to Mr. Dodge by the treatment team or the staff at 501 Morris where Mr. Dodge continues to reside. It is an 8-bed residential home managed 24/7 by the Canadian Mental Health Association.

22In addition to receiving a monthly pension through the Ontario Disability Support Program (ODSP), Mr. Dodge receives Developmental Services Ontario (DSO) funding to support his community engagement.

23In the past year, it was revealed that Mr. Dodge has approximately $10,000 in outstanding debt owed to telephone providers, private loan services, and provincial student loans accumulated from his time in the community prior to the NCR finding. Support has been provided to Mr. Dodge to speak with an insolvency trustee to review his options. It was later learned that Mr. Dodge had not filed income tax returns in several years. Mr. Dodge is currently being supported by his CMHA community care team to complete his prior tax returns and to come up with a solution to the retirement of the debt.

Evidence at the Hearing

24Dr. Kolawole gave the evidence for the Hospital at the hearing. As noted, the doctor has been Mr. Dodge’s treating psychiatrist since November of last year. The doctor authored the Hospital Report and adopted its contents in his evidence.

25Dr. Kolawole advised that Mr. Dodge has had a good year and continues to reside at 501 Morris. He is doing well since his discharge to this community living residence in late 2023.

26Mr. Dodge continues to receive support from the Forensic Outreach Team and the CMHA. Reportedly, Mr. Dodge gets along well with other residents at the home and staff.

27Mr. Dodge continues to look for work and is motivated to do so. His current residence is considered transitional in the sense that a more permanent placement would be ideal. Dr. Kolawole described the potential of alternate housing as more a medium long-term plan than in the short-term for the coming year.

28Dr. Kolawole would like to see further stabilization and optimization of Mr. Dodge’s mental health, including consistent medication compliance and a focus on obtaining independent living skills with the assistance of the treatment team.

29The doctor agreed that the outstanding debt is placing financial stress on Mr. Dodge. Despite this, the team and the CMHA are working to relieve the stress that Mr. Dodge is under due to this outstanding debt.

30Dr. Kolawole indicated that autism spectrum disorder is being investigated, however there was no update. This aspect of Mr. Dodge’s ASD consideration was part of last year’s Board reasons. Dr. Kolawole indicated that in the coming year he would have further efforts to obtain an actual assessment for autism spectrum disorder, either locally or other options elsewhere will be explored.

31Dr. Kolawole emphasized that with the structure, supervision and support of the Hospital, Mr. Dodge continues to do very well in his current community placement. He is prosocial and motivated and gets along with the team, staff, and house residents as noted.

32Mr. Dodge’s major mental illness is schizophrenia and the key consideration for any future placement in housing will be medication administration. Currently, all his medication is administered by staff at 501 Morris.

33Dr. Kolawole was asked about Mr. Dodge’s insight into the very serious Index Offence. According to the doctor, Mr. Dodge has expressed regret and remorse and was noted that he was very ill at the time from an active psychosis and command hallucinations to commit the act that he did.

34No further evidence was heard at the hearing.

35In final submissions, the parties maintained their initial joint recommendation to the Board from the outset of the hearing.

Analysis and Conclusion

36The Board finds Mr. Dodge is a significant threat to the safety of the public based on consideration of s. 672.54(01) of the Criminal Code, and Winko, and its related authorities.

37The parties did not contest a finding of significant threat to the safety of the public. Despite this, the Board makes its own positive finding of significant threat based on the expert evidence of Dr. Kolawole, as supplemented by the Hospital Report.

38Mr. Dodge suffers from a major mental illness, schizophrenia and he still experiences low level symptoms of this illness. Significally, he acted in an extremely violent manner while experiencing command hallucinations. The commission of the Index Offence is not too distant, and the level of violence was extreme and resulted in a serious injury to an unsuspecting person.

39The Board also notes that there is a history of non-compliance with medication and in the months prior to the commission of the Index Offence, Mr. Dodge was not taking his prescribed antipsychotic medication. This is an obvious risk factor for Mr. Dodge. The Board notes that in his current placement at 501 Morris, all his medication is administered by staff.

40The Board notes that Mr. Dodge does not have a criminal history of any significance apart from the aggravated assault. He has not posed a management concern since his time under the Board and while he has been subject to the oversite of the Hospital, he has expressed a willingness to engage in programming and has expressed remorse and regret for his actions leading to injuries.

41According to the risk assessment in the Hospital Report at page 38, in considering the PCL-R: 2 and the HCR-20 version 3, Mr. Dodge is considered at a high risk for future violence serious in nature, without all the supports in place.

42Based on the foregoing, the Board makes the requisite finding that Mr. Dodge is a significant threat to the safety of the public.

43The joint recommendation of the parties was for a continuation of the current detention order disposition which the Board accepts is necessary and appropriate in the circumstances.

44Mr. Dodge has continued to express improvement in his residual psychotic symptoms he experiences in the form of auditory hallucinations. However, this still requires close monitoring of his mental status, and this only can be adequately managed on a detention order with the Hospital having the authority to return Mr. Dodge immediately to hospital if there is a deterioration in his mental status. The Hospital also requires the ability to direct where Mr. Dodge will live. As noted, he is currently in a 24/7 supervised accommodation and all his medication is administered by staff. These are protective factors regarding public safety.

45The plan for Mr. Dodge in the coming year is to learn more skills for independent living and the team will support him in this regard. For now, the necessary and appropriate disposition is the one jointly recommended by the parties which gives the Hospital the necessary authority to intervene in return and to also ensure that Mr. Dodge’s living arrangements are suitable.

46In arriving at our decision, the Board has considered the paramount factor of public safety, Mr. Dodge’s medical condition, his community reintegration, and his other needs, all as required by s. 672.54 of the Criminal Code.

47The Board wishes Mr. Dodge well in the coming year. His progress to date has been commendable. Mr. Dodge remains fully engaged with the treatment team and the staff at his current residence. The Board is confident this positive trajectory will continue.

48A disposition will issue accordingly.