Re: Jerome Williams, 2025 CanLII 81172

Re: Jerome Williams

ORB File No: 6031

Hearing held on: Monday, June 9, 2025

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein Members: Dr. K. Hand Dr. G. Nexhipi Ms. M. Chamberlain Ms. B. Little

Parties Appearing:

Accused: Jerome Williams Counsel: Mr. A. Schieck

The person in charge of hospital: Representative: Ms. M. Kraftscik

Attorney General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated August 14, 2025)

1. On December 22, 2011, Jerome Williams was found not criminally responsible on account of mental disorder on charges of robbery (x2), uttering threats to cause death or bodily harm, assault causing bodily harm, possession of property obtained by crime, and disguise with intent, all contrary to the Criminal Code of Canada, (the “Criminal Code”).

2. Mr. Williams is subject to a disposition of the Ontario Review Board (the “Board”) dated July 17, 2024, which orders that he be detained at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs (“Waypoint” or the “Hospital”), with privileges up to hospital and grounds privileges beyond the secure perimeter, escorted by staff.

3. On Monday, June 9, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Mr. Williams was in attendance and was represented by his counsel, Mr. A. Schieck.

Position of the Parties

4. Ms. Kraftscik, on behalf of the hospital, submitted that Mr. Williams remained a significant threat to the safety of the public and recommended that he be transferred to the Southwest Centre for Forensic Mental Health (“Southwest Centre” or “St. Thomas”) with Hospital and grounds privileges escorted by staff. This position was supported by Ms. Curry, on behalf of the Attorney General. Counsel for Mr. Williams stated that his client took no position with respect to Significant Threat but submitted that, if Board found he remained a significant threat to the safety of the public, he was in agreement that he be detained at the Southwest Centre

Background and Index Offences:

5. Mr. Williams was born in Toronto, Ontario and lived there for his entire life. He is the youngest in a sibline of seven. His mother reports a “serious fall” at the age of two and a half, but there was no loss of consciousness. He met developmental milestones at the appropriate times.

6. His father was deported from Canada to Jamaica when Mr. Williams was a toddler and he rarely saw his father during his childhood. Mr. Williams’ father passed away in April 2012. Mr. Williams’ mother sought the assistance of the Children’s Aid Society. Between the ages of 4 and 19, he was a Crown Ward of the CAS. He was apparently in a number of foster homes until the time when he was returned to his mother’s home.

7. Mr. Williams had difficulty concentrating at school, but his early educational records are described as “satisfactory.” In Grade 10, he was achieving 90s at Borden Collegiate in the co-op program. His grades deteriorated afterwards, and he was expelled from school in Grade 11, after he was accused of committing an offense against someone at the school. He has very little work experience and currently receives Ontario Disability Support Program.

8. Mr. Williams current Psychiatric Diagnoses are:

• Schizophrenia
• Moderate intellectual disability
• Antisocial personality disorder
• Cannabis use disorder

9. The circumstances of the index offences are taken from the most recent Reasons for Disposition, as follows:

“The index offences involve three robbery attempts by Mr. Williams, in an approximately 24-hour period of time from December 31, 2008, to January 1, 2009.

On January 1, 2009, Mr. Williams entered a store, with his face partially covered by a green scarf, and in possession of an exacto knife. He attempted to jump over the counter, and demanded money and threatened death. The victim swung a baseball bat at him, to which Mr. Williams responded by grabbing a large shovel and hitting the victim over the head with it, resulting in a large laceration to the victim’s scalp.

Mr. Williams fled. He was subsequently arrested on charges of Robbery and Disguise with Intent. He was searched and found to be in possession of $166 in Canadian currency, a radio, and some earrings. The arresting police officers felt that his behaviour was rather peculiar and speculated that he might be mentally ill. Mr. Williams did indeed have a significant pre-existing psychiatric history.

Mr. Williams was then investigated for two other robberies that had occurred the day before, December 31, 2008. He was additionally charged with respect to them. During these robberies, Mr. Williams was alleged to have entered a store and absconded with a quantity of lighters and movies that were on the counter, to have indicated to one victim not to call the police or he would “hire a hit man”, and to have been wearing gloves during this occurrence.”

Evidence at Hearing:

10. The evidence at the hearing consisted of the Hospital Report dated April 24, 2025, The Rule 13 request by Waypoint for transfer to the Southwest Centre for Forensic Mental Health Care, the Rule 13 response as well as the testimony of Dr. Hudson.

11. Mr. William’s progress since his last annual review is summarized in a hospital report as follows:

“Mr. Williams resided on the Beausoleil B unit through the review period. He was followed by Dr. C. Hudson. Records reveal that he had a successful year overall. Few, and only minor, behavioural incidents were documented in his chart. He was compliant with his oral medication regimen, assisted by a medication watch, and his mental status was described as stable. With encouragement and substitute consent of his mother, he recently received his first dose of an injectable antipsychotic, taking the place of the oral pill to ensure his compliance. Otherwise, Mr. Williams kept himself busy both on and off the unit. He generally got along well with others, including staff. He maintained the highest security level, a C5, for the entirety of the period in review.”

12. Ms. Kraftscik called Dr. Hudson to give evidence on behalf of the hospital. The doctor agreed with the contents of the Hospital Report including the risk assessment located at pages 118 and 119 of the report.

13. The doctor noted that Mr. Williams was markedly improved since he started taking his medication with a long acting injectable and began attending addiction counselling. Before the change to injections, Mr. Williams could be irritable and dismissive of staff. He is now quite pleasant to deal with and staff enjoy spending time with him.

14. Dr. Hudson stated that Mr. Williams has partial insight into his illness and the need for medication. He also seems to have some insight into the need to refrain from substances. He is attending addictions counselling which is positive; however, there is still the risk that he could reengage in using substances. This is something that has contributed to Mr. Williams’ downfall in the past.

15. The treatment team was not supportive of an absolute discharge at this time as Mr. Williams has been in a maximum-security setting where medications have been given to him and his mother remains his substitute decision maker. There are currently no plans for him to have a psychiatrist in the community. There is a real risk that, if Mr. Williams was discharged into the community, he would not take his medication, he would use substances, and this would lead to further criminal activity.

16. Counsel for Mr. Williams asked the doctor why there had been such a marked turn around with the long-acting injection. Dr. Hudson did not know the reason as he was taking the same medication as he had been orally. He noted that Mr. Williams had been wanting to take his medication by injection but that his substitute decision maker had been opposed for quite awhile. Dr. Hudson had had many discussions with her about the injection before she finally agreed to this.

17. Dr. Hudson agreed with counsel that Mr. Williams has acknowledged that substance use is a problem for him. He also noted that Mr. Williams recognizes that he is doing better and prefers his current presentation. The doctor informed the Board that there had been no adverse effects of the long-acting injection and that it was likely that Mr. Williams would experience further improvements the longer he is on this form of medication.

18. Dr. Hudson agreed with the Board that Mr. Williams’ capacity will need to be re-visited if his progress continues. If the Board grants the parties request for the transfer, the Hospital will continue Mr. Williams’ current treatment and he will be encouraged to engage in programs for substance use and counselling while awaiting a placement in St. Thomas. The doctor is hopeful that a transfer could occur within the next year.

19. The Board pointed to paragraph 54 of last year’s Reasons which found that Mr. Williams was at real risk of engaging is seriously harmful criminal conduct if not under the Board’s jurisdiction. Dr. Hudson agreed that this was the case last year but stated that these risks are still there but not to the same degree now. He noted that Mr. Williams is developing insight into his illness and into his use of substances. He noted that the risks are further mitigated by Mr. Williams’ compliance with medication.

Final Submissions:

20. At the conclusion of the hearing, counsel for the Hospital stated that they had no additional submissions to make but congratulated Mr. Williams on his good year. Crown counsel also agreed that Mr. Williams’ progress on the long acting injectable was impressive.

21. Counsel for Mr. Williams also noted the significant change in Mr. Williams following his transition to the injectable medication. He submitted that the Board should order a transfer to a less secure facility in accordance with the mandate to make the least restrictive order that will ensure the safely of the public. The parties were requesting a transfer to the Centre for Forensic Mental Health Care and that facility had agreed to accept Mr. Williams at their facility.

Findings of the Board:

22. The Board unanimously finds that Mr. Williams continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the position of the parties and accepted the uncontroverted evidence of Dr. Hudson. The Board also relies on the Hospital Report, which notes the following:

“Mr. Williams continues to present a significant risk to the safety of the public. Mr. Williams is diagnosed with a major mental illness, and in this context has exhibited agitation, hostility, and volatility when unwell, at times leading to assaultive behaviour and/or the accumulation of criminal charges. Medications are necessary to manage Mr. Williams’ illness and resulting behaviours, however he neither believes that he has an illness, nor that he needs medications, leading to concern that he will discontinue same at his earliest opportunity; non-compliance has been an issue, historically. Mr. Williams has a significant history of substance use, and carries a diagnosis of cannabis use disorder. He has used substances, and has been involved in their distribution, even while under the auspices of the Ontario Review Board, revealing a blatant disregard for the conditions placed upon him. He does not have insight into how substance use can exacerbate his underlying psychiatric symptoms, nor into how it can increase his risk of recidivism. He has been unwilling to address his substance abuse, and the related risk, in a meaningful way during his stay at Waypoint thus far. A diagnosis of antisocial personality disorder further informs Mr. Williams’ risk; he externalizes blame, minimizes his history of violence, and shows no remorse for its effects on others.

A detention order is the necessary and appropriate disposition in these circumstances, given his ongoing risk. Notwithstanding the aforementioned, the clinical team opines that with recent gains insofar as the initiation of an injectable antipsychotic medication, together with overall behavioural stability for almost two years, Mr. Williams is now in a better position for transfer to a less secure facility. While they acknowledge that he continues to lack insight into the factors that can exacerbate his risk, such alone should not impede his movement forward if his risk can otherwise be mitigated. He has begun to take an injectable antipsychotic which will ensure his compliance with medication, and it is anticipated that regular random drug screens will deter use; it is hoped that he will be motivated to maintain abstinence as he continues to progress forward, and that insight into the detrimental effects of its use will develop. In considering the least restrictive and onerous disposition, the clinical team therefore recommends Mr. Williams’ transfer to the forensic programs at Southwest Centre for Forensic Mental Health Care.

23. The above noted excerpt in tandem with Dr. Hudson’s testimony that Mr. Williams has made improvements and demonstrated some insight since taking his medication by injection constitutes the basis of the Board’s finding.

24. Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Williams poses to the safety of the public while still meeting his needs, is a Detention Disposition at the Centre for Forensic Mental Health Care with the following privileges and conditions:

a. Attend within or outside of the hospital for necessary medical, dental, legal, or compassionate purposes;

b. Hospital and grounds privileges, escorted by staff;

c. Abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;

d. Submit samples of his urine and/or breath to the person in charge of the Southwest Centre for Forensic Mental Health Care, or his or her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs, or any other intoxicant; and

e. Refrain from having in his possession any firearm, ammunition, or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer.

25. While awaiting the transfer, authority will vest in the Person in Charge at the High Secure Provincial Forensic Programs Division at Waypoint Centre to detain Mr. Williams with the following privileges and conditions:

a. Attend within or outside of the hospital for necessary medical, dental, legal, or compassionate purposes;

b. Hospital and grounds privileges, beyond the secure perimeter, escorted by staff;

c. Abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;

d. Submit samples of his urine and/or breath to the person in charge of the Waypoint Centre for Mental Health Care, or his or her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs, or any other intoxicant; and

e. Refrain from having in his possession any firearm, ammunition, or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer.

26. In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Hudson and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Williams’ mental condition, their reintegration into society and their other needs. The Board congratulates Mr. Williams on the year he has had and wishes him well.

DATED this 14th day of August 2025, at the City of Toronto, in the Toronto Region.

Ms. M. Chamberlain Legal Member

__________________ Office of the Registrar Ontario Review Board