Re George Herman Grexton, 2025 CanLII 81174

Re: George Herman Grexton

ORB File No: 3367

Hearing held on: Tuesday, June 10, 2025

Place of hearing: Waypoint Centre for Mental Health Care

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

Before:

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

Parties Appearing:

Accused: George H. Grexton Counsel: Ms. C. Francis (via Zoom)

The person in charge of hospital: Representative: Ms. T. Murdock

Attorney General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated August 14, 2025)

Introduction

1On May 2, 2001, Mr. George Herman Grexton was found not criminally responsible on account of mental disorder on a charge of breach of probation, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Grexton is currently subject to a Disposition of the Ontario Review Board (the "Board") dated July 19, 2024, detaining him at the Waypoint Centre for Mental Health Care – Provincial Forensic Programs Division (“Waypoint”), with privileges up to living in the community in accommodation approved by the person in charge, or his or her designate.

2On June 10, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Grexton was in attendance and was represented by his counsel, Ms. Francis.

Without Prejudice Position of the Parties

3Ms. Murdock, on behalf of the hospital, indicated that the ongoing presence of significant threat is set out starting at page 176 of the Hospital Report. Given the contents of that report, it is the Hospital’s position that Mr. Grexton remains a significant threat and no changes to his existing disposition are recommended.

4The Crown joined in the hospital’s recommendation.

5Ms. Francis indicated that Mr. Grexton had told her that he wishes to stay at Waypoint or in suitable housing in the community identified by the Hospital. She added that implicit in his response is that he wishes to remain at Waypoint. Ms. Francis further added that she was unable to discern a specific position regarding the ongoing presence of significant threat from Mr. Grexton.

Index Offences

6The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:

“On August 11, 2000, the police received a telephone call from Light Haven Manor in Bruce Mines, Ontario, stating that the accused had violated his Probation Order, which prohibited contact with persons under the age of 16 years. Both the manager and a homecare worker at the Manor advised that the accused had been observed exiting from a back shed of the property alone with a 3 ½-year-old son of the manager. It was reported the child did not have his shirt on and that the accused had physical contact with the child. The cook at the Manor who had also been a witness to the incident confirmed the information. At the time of the Index Offence the accused was subject to a 36-month Probation Order dated November 16, 1998, that was to expire on November 15, 2001. The Order stipulated a number of conditions, including that he “was not to have absolutely any physical contact with any person under the age of 16 years.” A variance of this Order had been issued by Judge Greco on the 7th of January 2000, resulting in a revised condition that he “not be in the presence of any person under the age of 16 unless in the company of a responsible adult”. Reportedly, that Order was never signed by the accused. The other Breach of Probation charge originally laid was in relation to a condition to “keep the peace and be of good behaviour.”

Current Diagnoses

• Pedophilia,
• Unspecified Paraphilic Disorder,
• Moderate Intellectual Developmental Disorder.

Evidence at Hearing

7Dr. Kaggwa gave evidence on behalf of the hospital. He is a clinical fellow working under the direction of Dr. Ismail. Dr. Kaggwa testified that he had both read and agreed with the contents of the Hospital Report and more specifically, the Risk Assessment which begins at page 176. Dr. Kaggwa reported that there have been no changes since the writing of the Hospital Report.

8Mr. Grexton remains on the Awenda Program, the unit primarily intended for patients with developmental issues or neurocognitive disorders. Mr. Grexton benefits from that structure. Staff on the unit are trained to redirect when he becomes irritable. Dr. Kaggwa reported that there has been a reduction in the number of required seclusions over the past year, although there have been two instances of sexually inappropriate behaviours involving co-patients. Overall, Mr. Grexton benefits from his participation in a number of groups and recreational activities. He has remained on a waitlist for Developmental Services Ontario “DSO” housing since 2018. Dr. Kaggwa opined that a single bedroom is likely required were Mr. Grexton to be placed in the community.

9Dr. Kaggwa testified that Mr. Grexton remains a significant threat due to his sexually-related risk of aggression. Specifically, when attempts are made to redirect Mr. Grexton, he will respond with verbal aggression. In the community, the risk of him acting out in a sexually-aggressive manner absent the controlled forensic psychiatric environment in which he resides, would be higher. Asked if Mr. Grexton’s sex drive has decreased with age given that he is in is early 70s, Dr. Kaggwa responded that there is no indication that this has occurred to date.

10Were Mr. Grexton to be housed in a less secure (medium secure) forensic facility he would likely be subject to more restrictions due to his elevated level of risk. This would reduce the quality of life he currently enjoys at Waypoint where he enjoys outdoor activities and is able to swim up to three times per week.

11Mr. Grexton’s mental health remains at its baseline. Responding to questions from a panel member, Dr. Kaggwa noted that the Lupron, a hormonal therapy that reduces testosterone levels, had previously been trialed without success. Dr. Kaggwa added that Mr. Grexton is a fall risk such that concerns vis-à-vis reduction of bone density would manifest were Lupron to be introduced again.

12Questioned by Ms. Francis, Dr. Kaggwa was able to provide little information as to Mr. Grexton’s status on the DSO housing placement list. Regrettably, it is difficult to identify a better placement than the Awenda Program at Waypoint for Mr. Grexton. Dr. Kaggwa noted that Mr. Grexton responds badly and becomes agitatated even when small changes in his routine are made. Successful management of his risk has relied on environmental controls and behavioural therapy management The Awenda program provides access to staff that know him well, able to attend to his needs and can determine what is best for him. Dr. Kaggwa advised that approximately 80 percent of the residents on the Awenda Program are older than age 60. It was noted that Mr. Grexton continues to report his age as being “in his 50s”.

Closing Observations

13Ms. Murdock submitted that Mr. Grexton remains a significant threat. that He would like to remain on Awenda as it meets his daily needs and maximizes his quality of life, including access to an indoor swimming pool.

14Ms. Armenise supported the hospital’s position.

15Ms. Francis noted that Mr. Grexton likes the nurses, enjoys swimming and would like to move to a house if the hospital found one for him.

Analysis and Decision

(a) Significant Threat

16Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.

17In determining whether Mr. Grexton continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

18The Board unanimously finds that Mr. Grexton continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Kaggwa that Mr. Grexton continues to pose a significant threat. The Board also relies on the Hospital Report and more specifically Dr. Ismail’s May 11th 2025 Risk Assessment contained therein, which states in part:

During this reporting year, Mr. Grexton’s behavior has raised significant concerns. He engages in sexually inappropriate conduct, including unsolicited physical contact and sexually explicit verbalizations towards co-patients. He has demonstrated verbal aggression and threatening behaviors, particularly in response to perceived frustrations or interruptions to his routine. His affective instability is marked by rapid mood fluctuations and disorganized behaviors, especially during episodes of agitation. His pharmacological treatment, including as-needed antipsychotic and benzodiazepine administration, has effectively managed some agitation incidents, resulting in no incidents necessitating seclusion this year. However, these improvements are precarious and reliant on the structured environment provided by the Awenda program, proactive staff intervention, and consistent supervision. His privileges remain capped at a C2 level (accompanied off unit), reflecting the need for ongoing external supervision to prevent sexually inappropriate behavior and prompt management of his agitation and inappropriate behaviors while off the unit such as screaming and yelling threats to harm staff and other patients.

19Mr. Grexton is diagnosed as suffering from Pedophilia, as well as an Unspecified Paraphilic Disorder These major mental illnesses are further complicated by a Moderate Intellectual Developmental Disorder. The uncontroverted evidence from the Hospital is that Mr. Grexton continues to represent a significant threat to public safety. This position was supported by the Attorney General’s Counsel throughout the hearing. Patient’s Counsel, to her credit, advised this Panel of the Board she was unable to discern a specific position from her client vis-à-vis the ongoing presence of significant threat by the time of this hearing.

20To the credit of unit staff that work with him day-to-day, Mr. Grexton has not required seclusion as frequently as during the 2023-2024 reporting year. However, notwithstanding the structure and support provided to him on Waypoint’s Awenda Program there have nonetheless been two reported instances of sexually inappropriate behaviours described below:

• Hospital Report, page 159: On November 30, 2024, Mr. Grexton was irritable toward staff throughout the day, after he had been asked to refrain from engaging in inappropriate touching with a co-patient.
• Hospital Report, page 160: On January 26, 2025, Mr. Grexton was told on two separate occasions to disengage from kissing a co-patient. He was not receptive to health teaching.

21Given the foregoing, the Board accepts that absent an ORB Disposition, Mr. Grexton would likely become non-compliant with prescribed pharmacological treatment. This would lead to decompensation, and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent any Disposition, it is likely that Mr. Grexton will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

(b) Disposition

22Flowing from the Board’s finding that Mr. Grexton continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Grexton’s needs pursuant to s. 672.54 of the Criminal Code.

23The necessary and appropriate disposition for Mr. Grexton provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.

24Mr. Grexton would like to move to a house if the hospital found one for him. Towards that objective, in 2018 he was placed on a DSO wait list for placement in a community residence with his own bedroom.

25Mr. Grexton is an active participant in several groups and recreational activities. This Panel of the Board was attentive to his Counsel’s closing observations that he likes the nurses, enjoys swimming. We accept Dr. Kaggwa’s uncontroverted evidence that if transferred to a medium secure forensic facility Mr. Grexton would likely be subject to more restrictions due to his elevated risk profile.

Conclusion

26Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Grexton poses to the safety of the public while still meeting his needs, remains a Detention Disposition, absent any changes.

27In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Kaggwa 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. Grexton’s mental condition, his reintegration into society and other needs.