Re: Terrence Jacobs
ORB File No: 8712
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: Terrence Jacobs
Counsel: Mr. U. Agostino
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Mr. R. Kozak
REASONS FOR DISPOSOTION
(Dated August 21, 2025)
Introduction
On January 30, 2025, Mr. Terrence Jacobs was found unfit to stand trial on a charge of assault and failure to comply with probation order. The trial judge directed that the Ontario Review Board conduct an initial disposition hearing in this matter. The trial judge permitted Mr. Jacobs to live in the community pending his initial disposition hearing.
On Wednesday, June 25, 2025, the Ontario Review Board convened a hearing at Thunder Bay Regional Health Sciences Centre (“TBRHSC”) and conducted the initial disposition hearing.
Mr. Jacobs was in attendance. Three representatives of the Canadian Mental Health Association (“CMHA”) attended this hearing. The Board understands that Mr. Jacobs has been living in a Habitat residence for the last five years. The Board further understands that Habitat may not wish to have Mr. Jacobs as a resident in their property by reason of considerable inappropriate conduct.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Davidson appeared for the hospital. It is the hospital’s position that at the present time, Mr. Jacobs remains unfit to stand trial, and if the Board so finds, the hospital is recommending that the Board direct that Mr. Jacobs be subject to a Detention Order within the Secure Forensic Unit of the hospital with certain privileges and prohibitions.
Mr. Kozak appeared for the Attorney General. He supported the hospital’s recommendation.
Mr. Agostino appeared for Mr. Jacobs. He accepts that his client remains unfit to stand trial. Mr. Agostino advised that he was unable to get instructions from his client, and accordingly was not in a position to make any submissions on the issue of the necessary and appropriate disposition.
Outstanding Charges
- The outstanding charges are outlined in the Crown brief synopsis as follows:
“On August 21, 2023, at approximately 0340 hours, Doris ISKRA was in parking lot B of the Casino located at 50 Cumberland Street South when she was approached by the accused, Terrence JACOBS. ISKRA was security for the Casino and was aware JACOBS had previous conditions not to be on the casino property, at which point she advised him to leave. JACOBS became belligerent towards ISKRA and attempted to swing at her with his right fist.
On November 20, 2023, at 0730 hours, Constable Emily EBERHARDT #4091 reviewed video surveillance provided by Ontario Provincial Police (O.P.P.) Constable EBERHARDST noted that at approximately 0340 hours, ISKRA was escorting a couple to their vehicle in the parking lot. JACOBS immediately noted ISKRA and began walking towards her. ISKRA advised JACOBS inquired if she had a cigarette, to which she stated, “No.” ISKRA advised at this point JACOBS began yelling and charged towards ISKRA with his right fist raised at her, thereby committing an assault. ISKRA advised that she was fearful that JACOBS would strike her as his behaviour towards her was becoming increasingly violent. ISKRA advised once she radioed for backup, JACOBS had left the property.
On December 6, 2022, Terrence JACOBS entered into a Probation Order for the offences of two counts of Assault and Sexual Assault issued by the Honourable Justice E.A. BURTON. This Probation Order had multiple conditions, one of which stated, “do not attend at Thunder Bay Casino, 50 Cumberland Street South, Thunder Bay, Ontario,” thereby being in breach of the aforementioned condition.
On December 18, 2020, Terrence JACOBS entered into a Probation Order for the offence of Sexual Assault issued by the Honourable Justice E.A. BURTON. This Probation Order had multiple conditions, one of which stated, “keep the peace and be of good behaviour,” thereby JACOBS was breaching the aforementioned condition.
On November 20, 2023, at 0825 hours, Constable EBERHARDT attended 219 Pearl Street, Unit 201, to attempt an arrest upon JACOBS for the offences of Assault and two counts of Breach of Probation. Upon a door knock, Constable EBERHARDT spoke with JACOBS and advised him of his charges. JACOBS was provided his options, to which he advised he would turn himself in at a later date.
At 0830 hours, Constable EBERHARDT read JACOBS his rights to counsel and caution, to which he stated he understood.
Constable EBERHARDT was requesting a warrant to be issued for the arrest of Terrence JACOBS for the offence of Assault and two counts of Breach of Probation.”
Evidence at the Hearing
- The Board admitted into evidence a number of documents, most of which had been filed in the court proceedings. In addition, the Board admitted into evidence the hospital report dated May 28, 2025. The hospital report provides a great deal of information concerning Mr. Jacobs, his personal history, his mental health history, details of the outstanding charges, a reference to approximately 64 criminal offences for which Mr. Jacobs was convicted, and Mr. Jacobs’ course in the community subsequent to the date of the finding of unfitness. As the hospital report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the hospital report in these reasons. We do note, however, the stated diagnoses of:
Schizophrenia
Intellectual disability – mild
Alcohol use disorder
We note the following from the hospital report: “Mr. Terrence Jacobs is a 69-year-old man of Indigenous background, being single with no dependents. He is illiterate.” The Board understands that since the date of this report, Mr. Jacobs has turned 70.
In addition to the documentary evidence, the Board heard from Dr. Schubert. Dr. Schubert stressed that he has met with Mr. Jacobs on one occasion only. That meeting took place on April 9th of this year. Dr. Schubert stated that Mr. Jacobs “lives marginally in the community.” Mr. Jacobs is “significantly disorganized” with many “intellectual deficits.” Dr. Schubert understands that this patient has experienced a number of head injuries over the years. Dr. Schubert is also of the opinion that Mr. Jacobs suffers from dementia related to his alcohol consumption. Dr. Schubert repeated that Mr. Jacobs has many cognitive impairments. Dr. Schubert noted the significant criminal record, including many convictions for assault and many convictions for sexual assault. Dr. Schubert noted that Mr. Jacobs expects to be evicted from his current residence.
It is absolutely clear to Dr. Schubert that Mr. Jacobs is unfit to stand trial. He is completely disorganized. He is unable to participate in a trial in any meaningful fashion. We note, for example, Mr. Agostino’s statement that he is unable to get instructions from his client on the issue of the necessary and appropriate disposition.
No other evidence was called on behalf of the hospital. The Crown did not call evidence. Mr. Agostino did not call evidence.
The Alternate Chair noted that three representatives of the CMHA were present at the hearing. The Alternate Chair requested if one of the CMHA workers, Caitlyn Duchesne, would be kind enough to answer some questions from the Board. Ms. Duchesne advised that she has been working with Mr. Jacobs for approximately three years. She confirmed that Habitat would like to evict Mr. Jacobs. She also confirmed that Mr. Jacobs can be a very difficult client.
We note from the hospital report that some of Mr. Jacobs’ difficulties in the residence include “Mr. Jacobs exposing himself, defecating in the common waiting area, being aggressive towards staff, and allowing others to use his apartment for I.V. drug use. She described his apartment as having been damaged, full of used needles, and very unclean.”
Ms. Duchesne also noted that on occasion Mr. Jacobs can be “very nice” with her. In response to questions from the Alternate Chair as to things that Mr. Jacobs liked to do, Ms. Duchesne responded that he likes smoking. Again, in response to questions from the Alternate Chair, Ms. Duchesne confirmed that Mr. Jacobs likes to attend at the Casino. We note as an aside the outstanding charges relate to assaultive conduct at the Casino.
No other evidence was heard at this hearing.
Findings of the Board
The Board accepts without reservation the evidence of Dr. Schubert and the evidence contained in the hospital report. The Board accepts in particular, the doctor’s evidence that Mr. Jacobs is unfit to stand trial. We accept that he cannot participate meaningfully in any trial. The hospital was recommending a series of prohibitions and privileges. The hospital was recommending a community living clause and agreed with a suggestion made by the Alternate Chair that any community living should be in “supervised” accommodation. The Alternate Chair had asked for submissions on the issue of whether the disposition should include indirectly supervised community privileges. Ultimately, the panel agreed to include such privileges on the understanding that the hospital would only permit same if they were satisfied that public safety would not be compromised should they give Mr. Jacobs an indirectly supervised community pass.
Finally, the panel would like to state our appreciation again to Ms. Duchesne not only for her testimony today, but to recognize all of the help she has given Mr. Jacobs over the past three years. We also recognize that two other CMHA workers were present at the hearing and the Board appreciates their attendance at this hearing.
In reaching our decision, the Board has taken into consideration the safety of the public, Mr. Jacobs’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