Re: Byron Mandamin, 2025 CanLII 84069

Re: Byron Mandamin

ORB File No: 8809 & 8632

Hearing held on: Wednesday, June 25, 2025

Place of hearing: Thunder Bay Regional Health Sciences Centre

Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. P. Prendergast Dr. S. Wiseman Hon. E. Kruzick Mr. S. Duffy

Parties Appearing:

Accused: Byron Mandamin Counsel: Ms. S. Scharfe

The Person in charge of Hospital: Representative: Ms. M. Davidson

Attorney General of Ontario: Counsel: Ms. R. Derouard

REASONS FOR DISPOSITION

(Dated August 21, 2025)

Introduction

1. On April 8, 2025, Byron Mandamin was found unfit to stand trial on charges of aggravated assault, possession of a weapon for a purpose dangerous to the public, failure to comply (x4), assault with a weapon (x2), and mischief under $5,000 (x2).

2. The hospital report indicates that the charges occurred between December 1, 2019, and December 31, 2020. The panel further understands that Mr. Mandamin was apparently released following those charges. The panel understands that Mr. Mandamin committed other offences and, as a result, was being detained in the Kenora Jail.

3. The matter came on for the initial disposition hearing on April 16, 2025. Ms. Scharfe appeared for Mr. Mandamin and requested that the matter be adjourned in large part because Ms. Scharfe was of the opinion that an interpreter was necessary to assist Mr. Mandamin.

4. We are advised that on June 9, 2025, Mr. Mandamin was found unfit to stand trial on a charge of aggravated assault. The judge who made that finding issued a Warrant of Committal directing that Mr. Mandamin be transferred to the Thunder Bay Regional Health Sciences Centre (“TBRHSC”) to await his initial disposition hearing on that charge.

5. On Wednesday, June 25, 2025, the Ontario Review Board convened a hearing at Thunder Bay Regional Health Sciences Centre. All counsel requested, and the Board agreed, to conduct the initial disposition hearing with respect to the two findings of unfitness.

Position of the Parties

6. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

7. It was indicated the parties were making a joint recommendation.

8. All parties accept that at the present time Mr. Mandamin is unfit to stand trial, and if the Board agrees, the parties are recommending that Mr. Mandamin be subject to a Detention Order at the hospital with certain specified privileges and prohibitions. One of the privileges includes the ability to live in the community of Northwestern Ontario in a residence approved by the person in charge of the hospital.

Outstanding Charges re: April 8, 2025, Finding of Unfitness

9. As indicated, Mr. Mandamin’s outstanding charges are:

• December 1, 2019 - 430(4) CC x2 Mischief Under $5000
• January 25, 2020 - 268 CC Aggravated Assault
• April 15, 2020 - 145(5)(a) CC Fail to Comply
• August 9, 2020 - 265(a) CC Assault with a Weapon, 145(5)(a) CC Fail to Comply with Conditions - Release Order
• December 31, 2020 - 88 CC Possess Weapon for a Dangerous Purpose, 267(a) CC Assault with a Weapon, 145(5)(a) CC x 2 Fail to Comply with Release Order

(A complete description of these outstanding charges can be found in the hospital report dated April 8, 2025, from pages 2 to 9)

Outstanding Charges re: June 9, 2025, Finding of Unfitness

10. Mr. Mandamin’s outstanding charges with regard to this finding are outlined in the Crown brief synopsis as follows:

“The accused in this matter is Byron Mandamin whereas the victim is Bonnie Mandamin. The accused and victim both reside in the same residence as the accused is bound by the conditions of a release order with surety, Philip Kent.

The accused is a volatile individual who has demonstrated his inability to abide by conditions of his release. The accused has previously been charged with assaulting his common law partner, Megan Muckle, and was subsequently bound by a release order. Specifically, on January 26, 2024, the accused was bound by a release order by Justice of the Peace B. Caron and the Kenora Ontario Court of Justice with conditions to wit:

(1) Do not contact or communicate in any way either directly or indirectly, by any physical, electronic, or other means with the following: Megan Muckle or Alyssa Muckle; except for purposes of making contact arrangements for or having contact with your child(ren) through a mutually agreed upon third party.

(2) Do not be within 10 metres of any place where you know any of the person(s) named above to live, work, go to school, frequent, or any place you know the person(s) to be except for required court appearances.

On March 2, 2025, the accused and his common law partner, Megan Muckle, entered into a verbal altercation at 5 Phillip’s Road in the First Nations Territory of Whitedog while the accused was under the influence of cannabis. The accused and his partner were in the kitchen where they began disputing. The escalation of the arguing prompted the victim, Bonnie Mandamin, to intervene in order to prevent the accused from injuring his partner. The victim approached the accused, where he struck the victim on the right side of her face with a closed fist, subsequently imposing significant injuries.

The victim’s injuries included a swollen face, a potentially fractured jaw and nose, and significant bleeding from her nose, prompting immediate medical attention. The victim was unable to articulate the events fluently due to the injuries sustained as her jaw was essentially swollen shut, mitigating her ability to breathe properly and communicate well.

As the accused was in the presence of Megan Muckle at 5 Phillip’s Road, he was in direct contravention of the conditions of his release order dated January 26, 2024.”

Evidence at the Hearing

11. The Board admitted into evidence a number of documents, most of which had been filed in the court proceedings. In addition to the documentary evidence, the Board heard from Dr. Schubert. Dr. Schubert stressed that he has met with Mr. Mandamin on only one occasion. Dr. Schubert noted that Mr. Mandamin had been assessed by three different psychiatrists on three different occasions: Dr. Kravtsenyuk, Dr. Leinonen, and Dr. Schubert. All three psychiatrists assessed Mr. Mandamin for fitness and agreed that he was unfit to stand trial. In addition, we note the two court findings that Mr. Mandamin is unfit to stand trial.

12. Dr. Schubert noted that Mr. Mandamin’s charges span a five-year period. Dr. Schubert noted that Mr. Mandamin clearly has some cognitive difficulties. He has problems with memory and with word comprehension The doctor noted that Mr. Mandamin has difficulty expressing himself and has a somewhat limited vocabulary.

13. Dr. Schubert also noted that when Mr. Mandamin was eight or nine years old, he was assaulted and suffered some injuries to his head. Subsequently, Mr. Mandamin experienced a number of seizures. The doctor advised that Mr. Mandamin’s last seizure occurred in 2023. The doctor believes that the seizures all relate to the earlier assault to his head.

14. There is also an outstanding issue that Mr. Mandamin is a regular user of cannabis. The doctor understands that Mr. Mandamin has also engaged in cocaine and alcohol use.

15. Dr. Schubert puts it that there has been five years of very violent behaviour.

16. In response to questions from Crown counsel, Dr. Schubert indicated that at this time it is very difficult to predict whether Mr. Mandamin may become fit with fitness coaching.

17. In response to questions from Ms. Scharfe, Dr. Schubert confirmed that there are Indigenous cultural programs that will be available to Mr. Mandamin while he is being detained in hospital.

18. No other evidence was heard at this hearing.

Findings of the Board:

19. After the conclusion of all of the evidence, the Alternate Chair canvassed each of the parties. Each party maintained their original position, namely that Mr. Mandamin is unfit to stand trial, and if the board agrees, the necessary and appropriate disposition is a Detention Order on the terms recommended by the hospital. Given that joint position, the Alternate Chair advised, after canvassing panel members, that we did not require submissions.

20. The Board accepts the evidence of Dr. Schubert and the evidence contained in the hospital report. We accept that Mr. Mandamin is unfit to stand trial. We accept further that the necessary and appropriate disposition is a Detention Order with the exact terms set out in the hospital report.

21. In reaching our decision, the Board has taken into consideration the safety of the public, Mr. Mandamin’s mental condition, his other needs, and his potential reintegration into society.

DATED this 21st day of August 2025, at the City of Toronto, in the Toronto Region.

J. Goldenberg Alternate Chair

Office of the Registrar Ontario Review Board