Re: Joel D. Erickson
ORB File No: 8323
Hearing held on: Monday, June 23, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. Joel Goldenberg Members: Dr. Peter Prendergast Dr. Sandy Wiseman Hon. Emile Kruzick Mr. Stephen Duffy
Parties Appearing: Accused: Joel D. Erickson Counsel: Mr. U. Agostino The Person in charge of Hospital: Representative: Ms. M. Davidson Attorney General of Ontario: Counsel: Ms. P. Pasloski
REASONS FOR DISPOSITION
(Dated August 21, 2025)
Introduction
On June 8, 2023, Joel D. Erickson was found not criminally responsible (“NCR”) on account of mental disorder on charges of assault with a weapon, threatening death, and mischief under $5,000.
Mr. Erickson is currently subject to a disposition of the Ontario Review Board by which he was discharged subject to a number of conditions.
On Monday, June 23, 2025, the Ontario Review Board convened a hearing at Thunder Bay Regional Health Sciences Centre (“TBRHSC”) and conducted the annual review of Mr. Erickson’s disposition.
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 TBRHSC. She advised of the hospital’s position that Mr. Erickson no longer represents a significant threat to public safety, and accordingly, he is entitled to receive an Absolute Discharge.
Ms. Pasloski appeared for the Crown. Ms. Pasloski wished to hear the evidence before stating the position of the Crown.
Mr. Agostino appeared for Mr. Erickson. Mr. Agostino supports the hospital’s recommendation that his client receive an Absolute Discharge.
Evidence at the Hearing
The Board admitted into evidence a violence risk assessment report dated April 14, 2025, and the hospital report dated May 20, 2025. Those documents provide a great deal of information concerning Mr. Erickson, his personal history, his mental health history, details of the index offence, and Mr. Erickson’s course in hospital and the community subsequent to the date of the NCR finding. As the documents were made exhibits, it is not necessary to reproduce the information contained therein in these reasons. We do note, however, the stated diagnoses of mild neurocognitive disorder due to vascular disease with psychotic symptoms and alcohol use disorder, in remission.
The Board also heard from Dr. Schubert. Dr. Schubert advised that his patient is 61 years old. He is married. His wife of 28 years, Julie Erickson, was in attendance at this hearing. Mr. and Mrs. Erickson have a home in Thunder Bay. Mr. Erickson was hospitalized for a number of months following the NCR. finding but he has been living with his wife in the family home for the past 27 months. Mr. and Mrs. Erickson have two sons. The doctor noted that Mrs. Erickson is a very strong support. The two sons are also very supportive.
Dr. Schubert noted that in the spring of 2022, Mr. Erickson started to experience some paranoid symptoms. It is interesting to note that one of the sons obtained a Form 2 that resulted in a period of hospitalization for Mr. Erickson. In February of 2024, Mr. Erickson was experiencing further symptoms of his illness. This resulted in Mr. Erickson making threats against his wife. At that time, Mrs. Erickson was instrumental in having a Form 2 issued which resulted in a period of hospitalization for Mr. Erickson.
Subsequently, after the NCR. finding, Mr. Erickson was hospitalized for approximately six months in a forensic unit at the hospital. Dr. Schubert noted that during that six-month time, Mr. Erickson did not display any violence, but from time to time had what Dr. Schubert described as being “secretive” behaviour.
The doctor deemed Mr. Erickson incapable of making treatment decisions and Mrs. Erickson became the substitute decision maker. Mr. Erickson accepted the medication and Dr. Schubert noted he has been completely compliant with his medication needs. The doctor also noted that from time to time, Mr. Erickson raised questions about the medication. Dr. Schubert noted that they were appropriate questions, and that Mr. Erickson has continued to be fully compliant with his medication. Mr. Erickson has attended all meetings with the doctor and the outpatient team. Mrs. Erickson attends all of the meetings that her husband has with Dr. Schubert.
Dr. Schubert noted that there are no conflicts of any type in the family home. Mr. Erickson is no longer using alcohol. Mr. Erickson previously had a group of friends all of whom used alcohol and Mr. Erickson made the decision to terminate those friendships. Finally, Dr. Schubert repeated that his patient has been fully compliant with medication and fully compliant with meeting with the doctor and the clinical team.
Dr. Schubert noted that the recommendation for an Absolute Discharge is a unanimous one. Every member of the clinical team supports Mr. Erickson receiving an Absolute Discharge.
No other evidence was heard at this hearing.
Final Submissions
The Alternate Chair asked Ms. Pasloski for her submissions. Ms. Pasloski simply indicated, “I don't know, I am of two minds.”
Ms. Davidson and Mr. Agostino both support Mr. Erickson receiving an Absolute Discharge.
Findings of the Board
The Board considered all of the evidence. The Board notes that the recommendation for an Absolute Discharge is a unanimous one. The Board accepts without reservation the evidence given by Dr. Schubert and the evidence contained in the hospital report.
The Board notes and relies on the decision of the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute) [1991] 2 S.C.R. 625. We note paragraph 61, that perhaps the most important evidence is the evidence of the experts who have examined the patient. In this regard, the experts agree that Mr. Erickson no longer represents a significant threat to public safety.
Winko also notes that if the Board has any doubt, the patient is entitled to receive an Absolute Discharge.
Having heard the evidence, we conclude that Mr. Erickson is entitled to receive an Absolute Discharge, and we so order.
DATED this 21st day of August 2025, at the City of Toronto, in the Toronto Region.
J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board