Re: Melissa Robinson
ORB File No: 7621
Hearing held on: June 24, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Hon. E. Kruzick Dr. P. Prendergast Dr. S. Wiseman Mr. S. Duffy
Parties Appearing:
Accused: Melissa Robinson Counsel: Mr. G. Labine
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Ms. P. Pasloski
REASONS FOR DISPOSITION
(Dated August 20, 2025)
Introduction
Melissa Robinson was found not criminally responsible (“NCR”) on September 30, 2019, on a charge of mischief not exceeding five thousand dollars pursuant to the Criminal Code of Canada (“Criminal Code”).
As a result, Ms. Robinson is currently under the jurisdiction of the Ontario Review Board (ORB or Board) pursuant to a Disposition dated October 5, 2023, whereby Ms. Robinson is detained subject to conditions. On September 4, 2024, Ms. Robinson’s annual review hearing was adjourned on consent of all parties and scheduled to April 16, 2025. On that date, the matter was further adjourned to today’s date to fulfill the requirements of a Rule 13 Transfer Request to St. Joseph’s Hospital, Hamilton. At that hearing on April 16, 2025, the request to transfer was abandoned.
On June 24, 2025, the Board convened to review Ms. Robinson's disposition. Ms. Robinson was present at the hearing and represented by her counsel, Mr. G. Labine. Also present was Ms. Robinson’s father, Mr. Henry McGuire.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their initial positions. Ms. Davidson, on behalf of the hospital, indicated the hospital's position that Ms. Robinson continues to represent a significant threat to public safety and that the necessary and appropriate disposition is a continuation of the Detention Order disposition.
On behalf of the Attorney General, Ms. Pasloski agreed with the position of the hospital.
Mr. Labine, on behalf of his client, agreed with the finding of significant threat and disposition and suggested an amendment to the community living clause so as to allow Ms. Robinson to live in the community of the region of northwestern Ontario in accommodation approved by the person in charge. Both the hospital and counsel for the Attorney General agreed to the changed wording.
Issues at the Hearing
- The issues to be determined at this hearing are whether Ms. Robinson continues to represent a significant threat to the safety of the public, and if so, what the necessary and appropriate disposition is.
Findings
- For the Reasons that follow, the panel found that the threshold for significant threat is met, and that the necessary and appropriate disposition is a continuation of the current Detention Order disposition on same terms and conditions save and except the change to allow Ms. Robinson to live in the community of the region of northwestern Ontario in accommodation approved by the person in charge.
Index Offence
- The allegations giving rise to the index offence are set out in the hospital report/summarized as follows:
“On Thursday, May 31, 2018, Ms. Robinson was on a sidewalk just outside a bar and restaurant where numerous people were seated on a patio. Ms. Robinson proceeded to pull down her pants and defecate in the middle of the sidewalk approximately 15 feet from the patio. At the time, she was bound by a probation order to keep the peace and be of good behaviour.”
Background Information
Ms. Robinson’s personal history is outlined in greater detail in the Hospital Report, made an exhibit in these proceedings, and well summarized in the Reasons for Disposition dated October 18, 2023.
Ms. Robinson is 45 years old. She was born and raised in Thunder Bay and is the eldest of five children. She is an Indigenous person.
She dropped out of school in grade 10 at the age of 15 years. The Hospital Report indicates that Ms. Robinson experienced sexual and physical abuse during her developmental years and again in her mid-twenties. She has been in several common law relationships, some of which have been violent. She has had a longstanding struggle with substance abuse and experienced housing instability and homelessness. Her drug use was supported reportedly through prostitution for approximately twenty years.
Ms. Robinson has a criminal record that began when she was 16 years of age and includes multiple convictions for assault, robbery, theft, and failing to comply with court orders. Her record is reproduced in the Hospital Report. Three months prior to the index offence, Ms. Robinson was charged with punching a hospital security guard in the face.
Ms. Robinson has an extensive mental health history which began in 2004. She has had numerous emergency assessments because of suicide attempts, overdosing, threatening behaviour, and active psychotic symptoms. She has been apprehended on numerous occasions by police under the Mental Health Act and taken to hospital for assessments. She was first admitted to the Lakehead Psychiatric Hospital in Thunder Bay at the age of 26. She was three months’ pregnant at the time and reported that her partner was physically violent with her. The next year, she was readmitted and transferred to Waypoint Centre for Mental Health Care in Penetanguishene to participate in a treatment program for a concurrent disorder including alcohol and cocaine abuse.
Between 2013 and 2018, she had over 70 admissions at the emergency department of hospitals. There were several instances where she stabbed or threatened to stab her partner with a knife. On one occasion, her delusions sparked a fight with her boyfriend and she threw a knife at him. On another occasion, she went to her neighbour’s house and punched him in the face. Ms. Robinson reported paranoia, hallucinations, and persecutory delusions, and displayed bizarre behaviour. Her decompensation resulted from Ms. Robinson stopping her medications and using substances.
In October 2018, Ms. Robinson was admitted to Specialized Mental Health – Freeport of the Grand River Hospital under the care of Dr. P. Kuhnert. Her diagnoses were schizoaffective disorder – bipolar subtype and a polysubstance abuse disorder. The stated goals for her upon admission included maintaining sobriety, stabilizing on medications, assisting with housing and community supports and addictions therapy.
Unfortunately, Ms. Robinson absconded (November 2018) from the hospital during an unaccompanied pass. She was returned to the hospital by police four days later, at which time her urine drug screen tested positive for methamphetamines, amphetamines, ecstasy, cannabis, and benzodiazepines. It was reported that Ms. Robinson “reported ongoing auditory, visual and tactile hallucinations. She has been noted to attempt to defecate in a common area, openly masturbate, have pressured and tangential speech, be grossly disorganized and psychotic, yell, respond to internal stimuli, be irritable and agitated, utter profanities, voice sexual delusions, be sexually active on the unit, smoke cigarettes on the unit against rules, use cocaine and clog her toilet with paper.”
While Ms. Robinson was detained on a forensic treatment unit at Southwest Centre on April 7, 2023, Ms. Robinson left the hospital grounds when she did not have the privilege level to do so. Ms. Robinson advised that she walked to the old hospital grounds, where security staff asked her to leave. She then wandered into a local neighbourhood and asked a homeowner to use their phone to call the hospital to share her whereabouts. The homeowners asked Ms. Robinson to leave and stated that they would call the police. When Ms. Robinson returned to the hospital, she did not mention the events that had taken place. In the meantime, police had called the hospital to report that they received information of a suspicious person knocking on homes northwest of the hospital and mumbling that her name was Melissa. It was then that staff asked Ms. Robinson what had happened, and she denied knowing the boundaries of her privilege level. Staff informed her of the boundaries. Due to this incident, Ms. Robinson’s privilege level was decreased.
Ms. Robinson’s approved person is her mother, Alice Robinson, who lives in the Cambridge area. Ms. Robinson used her approved person passes with her mother for overnight visits three times in the past year without incident.
Ms. Robinson is incapable of managing her personal finances. Her father, Henry McGuire, is her substitute decision maker (SDM) of property. Her parents are joint SDMs for her personal care.
Current Diagnosis
- The Current Diagnoses are set out in the Hospital Report as follows:
Schizophrenia
Mixed Personality Disorder with Dependent and Borderline Traits
Attention-Deficit Hyperactivity Disorder
Intellectual Disability
Obsessive-Compulsive Disorder
Polysubstance Use Disorder
Rule out Post-Traumatic Stress Disorder
Evidence
The Hospital Reports dated August 19, 2024, and April 3, 2025, were made exhibits in these proceedings and therefore will be referred to briefly. Dr. Leinonen, a co-author of the April 3, 2025, Hospital Report, also testified at the hearing and adopted the contents of the reports.
In the opinion of the treatment team and confirmed by Dr. Leinonen in his testimony, Ms. Robinson remains a significant threat to the safety of the public.
As set out in the Hospital Report, Ms. Robinson suffers from a severe persistent and treatment-refractory psychotic disorder. Ms. Robinson also has a number of co-morbid disorders and features that the Hospital Report recites. These include maladaptive personality traits and intellectual impairment. As detailed in the Hospital Reports, Ms. Robinson has a significant substance use history. Despite ongoing hospitalizations and active treatment with a complicated medication regime, Ms. Robinson continues to be significantly symptomatic and requires a high degree of supervision and support.
As set out in greater detail in the Hospital Reports, Ms. Robinson has a history of unauthorized leaves of absences during the past year of her hospitalization during which she engaged in recreational drug use.
Prior to the finding of NCR, Mrs. Robinson was hospitalized on many occasions under the Mental Health Act (MHA) often related to her behaviours that raised concern about her safety and the safety of the public. In addition to the concerns about Ms. Robinson’s vulnerability and being at risk to herself, she has a history of violence and aggression associated with her psychiatric illness.
As an update since the preparation of the April 3, 2025, Hospital Report, Dr. Leinonen reported that Ms. Robinson has made good progress. Ms. Robinson has been granted indirectly supervised privileges both in hospital, on hospital grounds, and in the community.
The indirectly supervised time on the hospital grounds and outside has gone reasonably well. She also has time outside the hospital in the company of her father, who, with Ms. Robinson’s mother, is her SDM. Recently, while on a pass, Ms. Robinson accepted a pill which turned out to be oxycodone. This set back her progress and her passes were held back. Dr. Leinonen testified that the passes are slowly being reinstated, and she is able to be in the community one or two times a week, usually with her father.
Dr. Leinonen testified to Ms. Robinson struggling with delusions, usually at night, which disturb her sleep. The hospital team is dealing with these in order to assist her. During the day, Ms. Robinson’s thought process is generally coherent, and she does not exhibit overt signs of psychosis. Dr. Leinonen also stated that since April 3, 2025, Ms. Robinson has not exhibited aggressive behaviour.
Dr. Leinonen testified that Ms. Robinson was referred to and then recently declined by the High Support Housing Program through St. Joseph’s Care Group. Dr. Leinonen testified this was due to Ms. Robinson’s history of absences without leave and her vulnerability to substances, as shown when she recently accepted the oxycodone pill while on a pass.
Ms. Robinson resided at Andras Court. She has stated she would not be interested in attempting another return to Andras Court. The hospital team is of the opinion that she would likely require more support than what Andras Court can offer her. As such, she does not have any clear housing options in the community at this time.
In response to a question from Mr. Labine, counsel for Ms. Robinson, about specific Indigenous programs offered at St. Joseph’s Care Group, Dr. Leinonen stated that while he was not familiar with the programs, they would be explored and considered. He indicated that the social work team could follow up on whether these were feasible and appropriate for Ms. Robinson.
In response to a question from a panel member about a diagnosis of temporal lobe epilepsy and treatment with anticonvulsant medications, Dr. Leinonen testified that Ms. Robinson has not had nor are then any current signs of suffering from seizures. While this is a contributor to her condition, Dr. Leinonen opined that it seems to be under control and that at the present time it is not a live issue.
When asked by a panel member about the plan in the upcoming year for community housing, Dr. Leinonen indicated that High Support Housing which was being considered for Ms. Robinson has declined to accept her as a resident. The refusal was explained as being attributed to because of Ms. Robinson’s history of absences from the residence without leave and her continued use of substances. Ms. Robinson remains on a waitlist for housing and the hospital team is also considering other housing options. Dr. Leinonen stated there are few options available.
In response to a follow up-question from the panel about community housing, Dr. Leinonen stated that Ms. Robinson was declined High Support Housing approximately 5 or 6 weeks ago. The hospital team proposes to wait and re-submit housing applications sometime in the late summer or fall in the hope that Ms. Robinson remains without any incidents during that time period. There is only one High Support facility associated with St. Joseph’s Care Group. Dr. Leinonen indicated the hospital did not specify the residence.
When asked about Indigenous programs that Ms. Robinson was involved with, Dr. Leinonen indicated Ms. Robinson has been attending the Sky Blue program at the hospital and has participated in smudging.
In this testimony, Dr. Leinonen suggested that there be no change to the current terms and conditions of the current ORB disposition.
In response to questions arising from the questions of the panel, Mr. Labine asked who follows up with the housing for patients. Dr. Leinonen indicated that housing at the hospital is administered by the program staff, who do the assessment of need and all checks of the residences that are suitable.
When asked who administers Ms. Robinson’s medication, Dr. Leinonen stated medications were administered by the nursing staff three times a day, with the purpose being to ensure and maintain Ms. Robinson’s stability.
No other evidence was called.
Submissions
Ms. Davidson, on behalf of the hospital, submitted that the hospital's position remains that Mrs. Robinson continues to represent a significant threat to public safety and that the necessary and appropriate disposition is a continuation of the current Detention Order.
On behalf of the Attorney General, Ms. Pasloski joined the hospital.
In his submissions, Mr. Labine, on behalf of his client, agreed with the finding of significant threat and a continuance of the current disposition. Mr. Labine submitted that there be an amendment to the community living clause so as to allow Ms. Robinson to live in the community of the region of northwestern Ontario in accommodation approved by the person in charge. Both the hospital and counsel for the Attorney General agreed to the changed wording as submitted.
As a result, this was a joint submission.
Analysis
a) Significant Threat
In coming to our conclusion we bear in mind Winko v. British Columbia (Forensic Psychiatric Institute, [1990] 2 S.C.R. 62, where the Supreme Court sets out that to be a significant threat to the safety of the public, the threat must be: (1) more than speculative in nature and must be supported by the evidence; (2) significant in the sense of being a real risk of physical or psychological harm to individuals in the community and in the sense that the potential harm must be serious; and (3) the conduct creating the harm must be criminal in nature.
In coming to our finding of significant threat, the evidence at this hearing and in the Hospital Report demonstrates that Ms. Robinson suffers from serious mental health issues and has a criminal history which includes assaults. We accept Dr. Leinonen's expert opinion that considering the high degree of active management that Ms. Robinson requires to achieve even relative stability, it is clear that given her mental health, she is at risk for rapid deterioration.
Even when Ms. Robinson’s psychiatric conditions are relatively stable, Ms. Robinson continues to be at risk of irritability, liability, and impulsive behaviour. As a result of Ms. Robinson’s psychiatric condition, her personality structure, and her intellectual impairment, we find that there is serious risk of re-offending.
b) Disposition
The panel is of the unanimous opinion that the current Detention Order should continue. We accept and rely on Dr. Leinonen’s expert opinion that Ms. Robinson’s risk to the public safety continues and is related to her risk of irritability, lability, and impulsive behaviour due to Ms. Robison’s personality structure and her intellectual impairment. As well, Dr. Leinonen referred the panel to Ms. Robinson’s potential substance use. As such, we accept that the Mental Health Act would not suffice to admit Ms. Robinson to hospital rapidly in order to manage the threat to the safety of the public. We accept Dr. Leinonen’s opinion that while a transition to the community was considered and explored, Ms. Robinson health is not at the stage where that is advisable at this time. As such, we find that a Detention Order is necessary and appropriate in order to protect the safety of the public and Ms. Robinson herself.
Ms. Robinson’s criminal history includes assaults. Considering the high degree of active management that Ms. Robinson requires to achieve even relative stability, it is clear that she is at risk for rapid deterioration of her mental state. Even when her psychiatric conditions are relatively stable, Ms. Robinson continues to be at risk of irritability, liability, and impulsive behavior related to her personality structure and intellectual impairment
Conclusion
The panel unanimously concludes that the jurisdictional threshold of significant threat is met on the evidence. A discharge subject to conditions is unrealistic and would be insufficient to protect the safety of the public.
In our consideration of s.672.5 of the Criminal Code, we conclude that the necessary and appropriate disposition is a continuation of the current Detention Order. The panel accepts the amended wording proposed by Ms. Robinson’s counsel in respect of community living. While recognizing public safety as our paramount consideration, and in considering Ms. Robinson’s rehabilitation and other needs, the disposition is the least onerous and least restrictive in the circumstances.
The panel wishes Ms. Robinson well as she moves forwardly and encourages her to work with the Clinical Team.
DATED this 20th day of August 2025 at the City of Toronto, in the Toronto Region.
E. Kruzick
Legal Member
Office of the Registrar
Ontario Review Board