Re: Richard W. DeJong
ORB File No: 3685
Hearing held on: Wednesday, July 16, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. J.C. Ferencz
Dr. B. Bordoff
Ms. A. La Viola
Mr. A. Bouvier
Parties Appearing:
Accused: Richard W. DeJong
Counsel: Mr. A. Rastgou
The person in charge of hospital: Counsel: Ms. J. Lefebvre
Attorney General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DISPOSITION
(Dated August 21, 2025)
Introduction
On December 3, 2002, Richard DeJong was found not criminally responsible on account of mental disorder (“NCR”) on charges of theft under $5000, possession of stolen property, operation of a motor vehicle while disqualified, escape custody and false fire alarm, contrary to the Criminal Code of Canada. Mr. DeJong is currently subject to disposition of the Ontario Review Board (the “ORB”/“Board”), dated August 17, 2023, detaining him at Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint”/the “hospital”), with hospital and grounds privileges, beyond the secure perimeter, escorted by staff.
On July 16, 2025, the Board convened a panel to conduct the annual review of Mr. Dejong’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Dejong was present and represented by his counsel Mr. Rastgou.
At the outset of the proceedings, all parties were canvassed as to their positions on the issues to be determined by the Board: whether Mr. Dejong continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
Ms. Lefebvre, on behalf of the hospital, submitted that Mr. Dejong continues to represent a significant threat to the safety of the public, and the necessary and appropriate disposition is a continuation of the current detention order. Ms. Armenise, on behalf of the Ministry of the Attorney General, concurred in the hospital’s positions. Mr. Rastgou indicated that both significant threat and the disposition were in issue, and that his client was seeking more privileges.
Findings
- For the reasons that follow, the Board finds that Mr. Dejong continues to represent a significant threat and the necessary and appropriate disposition is a continuation of the current detention order.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated June 3, 2025 (ex. 1), correspondence from Mr. Dejong to the Board (ex. 2), Clinical Notes from Waypoint (ex. 3), and viva voce evidence from Dr. Hudson, Mr. Dejong’s treating psychiatrist, and Mr. Dejong.
The Index Offences
- The circumstances of the index offences are taken from the Hospital Report, at pp. 1-2:
Mr. DeJong was released from the Central North Correctional Centre, Penetanguishene on July 23, 2002. He may have then stolen a vehicle from Penetanguishene and possibly dropped it off in Tilbury where he stole a second vehicle.
Windsor Police Service report the following with respect to the second vehicle. On Tuesday July 23rd, 2002, Ms. Buston had parked her 1993 Dodge Caravan in the Zehr’s parking area in Tilbury. She was approached by an acquaintance who informed her that there was a lone white male, with dark hair, skinny face, and mustache, approximately 25 to 28 years of age, inside her vehicle smashing the steering column with a crowbar. When Ms. Buston checked she found her vehicle had been stolen. The vehicle was subsequently listed on CPIC.
That same day, Mr. DeJong drove to Windsor but was held at the Ambassador Bridge in Detroit by a U.S. Customs Officer and referred to Secondary Inspection as he had no ID and seemed unaware of his surroundings. It was observed that the steering column of his vehicle was “punched out” and the passenger’s side door was broken. A CPIC check confirmed the vehicle was stolen. Mr. DeJong was removed from the vehicle, searched, and placed in a cell. He had been identified on the CPIC as “mentally disturbed” and “caution dangerous”. He was returned to a Canada Customs Inspector at the Windsor Ambassador Bridge and based on the information received, Mr. DeJong was charged with Possession of Property Obtained by crime over $5000. Further investigation revealed that Mr. DeJong was prohibited from driving for life for Dangerous Operation of a Motor Vehicle on two separate convictions. Mr. DeJong then requested counsel and when asked if he wished specific counsel, he replied that he wished to speak with President Bush. Duty Counsel was contacted on his behalf.
A second set of charges including Escape Lawful Custody and False Fire Alarm occurred on July 25, 2002. At 12:34 hours Mr. DeJong was escorted from his holding cell to the prisoner’s box in Windsor court, courtroom number 1. Justice of the Peace S. Hoffman was speaking to the accused when he leapt over the glass enclosure and darted to the back of the courtroom. Mr. DeJong ran to the lawyer’s entrance of the interview room, which is unlocked courtside but locked from the other direction. The courtroom side of the door was secured by the Amherstburg police service. Prior to apprehending Mr. DeJong the latter set off the Fire Alarm. It was later confirmed that the Fire Alarm box that had triggered the alarm was located in the lawyer’s entrance alcove and that no other person other than Mr. DeJong had been present in that area at the time.”
Background Information
The Hospital Report contains considerable information relating to Mr. Dejong’s personal background and psychiatric history. It need not be reviewed in detail in these Reasons beyond the following material points. Mr. Dejong is a 52-year-old man who was born and raised in Bowmanville, Ontario. He dropped out of high school in Grade 11 and held various jobs until his mental illness began to interfere with his ability to maintain employment. He has two twin sons, Jacob, and Justin, resulting from a common-law relationship that was tumultuous and included physical violence and verbal abuse. On occasion, police were called to intervene.
Mr. Dejong has a history of substance use, including alcohol, which has contributed to his aggressive behaviour. His criminal record includes multiple convictions for assaults, dangerous driving, driving while disqualified and multiple convictions for failing to abide by court orders.
Mr. Dejong’s first contact with psychiatric care was in 2000 when he was found in possession of a noose. He was admitted to hospital as an involuntary patient and ultimately discharged with a diagnosis of depression reaction with temper outburst, personality disorder and marital dysfunction. Two years later, he was admitted to Lake Ridge Health Centre, where he was diagnosed with delusional disorder and antisocial personality disorder. Shortly after being discharged on that occasion, he slammed his car into four other cars in Oshawa in a fit of temper and was incarcerated until July 23, 2002. The same day of his release, he committed the first of the index offences.
As summarized in last year’s Reasons for Disposition:
“Since being found NCR in December 2002, Mr. DeJong has been detained within five (allowing for name changes over this period) different hospitals: Ontario Shores (+/- 2 years); CAMH (+/- 2years); Southwest (+/- 3 years); Providence (+/- 3 years), and Waypoint (+/- 14 years). Excepting his time at Waypoint high secure, during each admission to the above noted medium secure forensic psychiatric hospitals, after 2-3 years, Mr. DeJong’s behaviour - including aggressive, violent, and sexually inappropriate acts and statements, made it extremely difficult for those facilities to manage him. He was therefore transferred back to the high secure setting of Waypoint, where he has been detained since June 10th, 2020.”
Course Since the Last Disposition
- Mr. Dejong has been found incapable of consenting to treatment and his sons are his Substitute Decision Makers. His current diagnoses are:
Schizophrenia
Antisocial Personality Disorder
Query ADHD
Alcohol Use Disorder, moderate, in remission in a controlled environment
At the outset of the clinical year in review, Mr. Dejong was in seclusion at the Beausoleil Program at Waypoint.1 On October 3, 2024, he was moved to the Beckwith Program, a unit that provides more structure and supervision. He remained in seclusion and, pursuant to the hospital’s protocols, regularly participated in seclusion relief periods.
Mr. Dejong continues to experience active psychotic symptoms, including a disorganized thought process, flight of ideas, and a labile affect. His presentation can quickly shift from laughing to tears to anger to screaming at staff. He is impulsive and unpredictable.
Mr. Dejong endorses grandiose, paranoid, persecutory, and somatic delusions, often related to sexuality and/or to his present or past sexual functioning. He is sexually preoccupied and has made hypersexual comments that included violence towards staff that have made them feel uncomfortable. These comments have generally been directed towards female staff, though not exclusively.
Mr. Dejong’s delusions have occasionally led to complaints that staff are attempting to poison him, steal from him and generally frustrate his progress. He becomes angry, threatening and visibly upset. This came to a head in November 2024.
On November 8, 2024, Mr. Dejong was visiting with his son Jacob in the unit’s courtyard. As Mr. Dejong was still subject to a seclusion and was exercising seclusion relief, four staff from the seclusion relief team were observing from a short distance. Mr. Dejong hugged his son and reportedly said “Let’s fight these guys”. When his son said no, Mr. Dejong turned and swung at his son and tried to kick him in the groin. When staff responded, Mr. Dejong was “highly resistive”, throwing punches, kicking, and spitting. A code white was initiated, and, with the assistance of more staff, the team was able to control Mr. Dejong and transport him back to his room. Several staff were injured. Later, Mr. Dejong bragged about hurting his son and staff and rationalized his behaviour.
Given the level of aggression and the extent of Mr. Dejong’s psychotic symptoms, the treatment team determined that a slower and more cautious approach to Mr. Dejong’s seclusion relief was necessary. He remained in wrist/waist and ankle restraints until January 24, 2025, at which time the ankle restraints were removed. By mid-March, he was participating in seclusion relief with no restraints. His seclusion was discontinued on April 4, 2025. However, additional risk management protocols had been implemented, such as both male and female staff being present on the unit specifically to monitor his behaviour.
In December 2024, Mr. Dejong agreed to take oral olanzapine. By the beginning of February, both he and staff noted an improvement. Unfortunately, based on his presentation at the end of March, staff had concerns that he had started to divert the olanzapine.
As in previous years, clozapine was repeatedly suggested as the best medication to manage Mr. Dejong’s psychotic symptoms. It had been successful in the past and was instrumental in his transfer to Providence Care in 2016. Unfortunately, as soon as he arrived there, he was deemed capable of consenting to treatment, and he immediately stopped. This led to a deterioration in his mental status and a return to the High Secure Program at Waypoint was deemed necessary and appropriate.
Mr. Dejong has limited insight into his mental illness or the need for ongoing antipsychotic medication. Mr. Dejong does not believe that he needs antipsychotic medication and is strongly opposed to taking clozapine. Rather, he believes that he has ADHD and only requires Concerta. The treatment team has tried to remind Mr. Dejong of the negative impact of Concerta, to no avail. This continues to be a source of tension.
Dr. Hudson testified before the Board. He reported that Mr. Dejong had just recently agreed to a trial of clozapine and was agreeable to the requisite bloodwork. As the dosage was titrated up, some improvement in Mr. Dejong’s presentation was noted. Unfortunately, he refused the medication over a period of three days. As a result, the administration of the medication had to restart at lower levels. Dr. Hudson indicated that Mr. Dejong was complying with the blood work but was not happy about it. The Pronto finger pricking method has yet to be implemented at Waypoint. Mr. Dejong’s son Justin has provided the consent for treatment. Dr. Hudson was unsure whether Jacob had been back to the hospital since the incident in November.
Dr. Hudson noted that when Mr. Dejong was previously on clozapine he had done fairly well and had been transferred to Providence. At the time, Mr. Dejong was meeting with his psychiatrist frequently. In order to replicate that experience, Dr. Hudson has committed to meeting with Mr. Dejong every day at 2:15. The doctor is optimistic that this daily contact will make a difference and support Mr. Dejong in continuing with clozapine. Although Mr. Dejong bears some animosity toward the doctor, he attends the daily meetings and Dr. Hudson believes that Mr. Dejong listens to his encouragement. Further, if this more intensive support proves effective and is continued, it could prevent Mr. Dejong from self-sabotaging in the future.
Dr. Hudson testified that Mr. Dejong has requested an independent assessment, and the doctor is happy to facilitate that. In particular, Mr. Dejong would like a second opinion on the administration of Concerta. Dr. Hudson does not feel that there is a treatment impasse. He is encouraged that Mr. Dejong is back on clozapine and believes that these holds promise for his progress.
In Dr. Hudson’s opinion, Mr. Dejong continues to represent a significant risk to others because of his current psychotic symptomology. Over the last twelve months, Mr. Dejong has presented a higher risk. The doctor testified that only time, allowing for a therapeutic dose of clozapine to be administered, will reduce his risk.
If Mr. Dejong were residing in the community without the support of the Board, he would experience an exacerbation of his psychotic symptoms and he would bring others into his delusions. In Dr. Hudson’s opinion, Mr. Delong would act on those delusions and present as a significant risk. The risk of physical assault would be likely. Further, based on his sexual comments targeting staff, he would also present a risk in the community for sexual aggression.
Prior to recommending a transfer out of the Beckwith program, Dr. Hudson would like to see Mr. Dejong receiving appropriate doses of clozapine and demonstrate some buy-in to continuing the medication. Before that, should Mr. Dejong’s mental status improve, he would be able to go off of the unit and access various programs, including the gym, recreational area, canteen, and programming. In terms of a possible transfer out of Waypoint, Dr. Hudson was clear that at this time it was not appropriate given Mr. Dejong’s level of risk.
In response to questions from Ms. Armenise, Dr. Hudson agreed that Mr. Dejong had started clozapine in 2009, improved and then discontinued it. In 2016, he again improved significantly, resulting in the transfer to Providence. When he again stopped taking clozapine, he became aggressive and violent, necessitating a return to Waypoint. In Dr. Hudson’s opinion, without clozapine, Mr. Dejong will not progress. With clozapine, after a year or so, he could be in a position to transfer to a more privileged hospital.
Dr. Hudson testified that Mr. Dejong improved within a short period of accepting clozapine and was able to exercise off unit privileges. It may be that his resistance to taking this medication is a form of self-sabotage. Once he has gotten better, he stops taking the medication.
Dr. Hudson reported that when Mr. Dejong was on Concerta, it markedly worsened his psychotic symptoms and resulted in Mr. Dejong having a much higher risk for violence. Mr. Dejong has a history of problematic substance use. If Mr. Dejong was transferred to another hospital, the risk of substance use, alcohol, or marijuana, would be high.
In response to questions from Mr. Rastgou, Dr. Hudson indicated that Mr. Dejong is presently receiving doses of 25 mg of clozapine and would soon receive 50 mg. Staff noted an improvement when he was receiving 150-200 mgs. Once Mr. Dejong was receiving 250 mg, the doctor would discontinue the administration of olanzapine. Once he received 300mg and stayed on that dosage, he could potentially be transferred to Brébeuf, a unit that has more privileges. To recommend a move in the absence of Clozapine “would be reckless”, in Dr. Hudson’s opinion.
Dr. Hudson indicated that Mr. Dejong had reported a number of somatic delusions, and attributed feeling unwell to the medications. Mr. Dejong believes that many of the medications, including clozapine, cause him to have hernias, retention of semen, sore feet, and other physical concerns. Dr. Hudson is prepared to work with Mr. Dejong to try to address any side effects that he experiences.
Mr. Dejong gave evidence before the Board. What was clear was his animosity and distrust of the treatment team, Dr. Hudson in particular. At times, his evidence was difficult to follow, as his delusions and disorganized thought processes were apparent. He seemed to agree that he would continue to take clozapine. Mr. Dejong reported that he felt sick when the dosage was at 125 mg and felt that an increase in the dosage would provide some relief. He was adamant that Concerta was effective in the past. He looks forward to transitioning to Brébeuf and ultimately living with his sons.
The hospital and Attorney General maintained their position that Mr. Dejong continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order. Mr. Rastgou submitted that Mr. Dejong has been in hospital for a long time without any privileges which has had a negative effect on him. He has expressed an interest in getting off the unit to access recreational programs and socialize with peers from other units. This indicates that Mr. Dejong is motivated to improve his life. Having more privileges could be a motivating factor. Mr. Dejong has commenced a trial of clozapine and testified that he would continue.
Analysis and Conclusion
The Board carefully considered the Hospital Report and the evidence of Dr. Hudson and Mr. Dejong and unanimously concludes that Mr. Dejong remains a significant threat to the safety of the public. Mr. Dejong suffers from a severe treatment refractory schizophrenia. He continues to experience psychotic symptoms, including grandiose, paranoid, persecutory and somatic delusions, and disorganized thought. He has required seclusion for much of the year in review. His planned attack on the seclusion relief team and on his son, who refused to participate, resulted in his only exercising seclusion relief wearing wrist/waist and ankle restraints. He remained in seclusion until April 4, 2025.
Mr. Dejong has limited insight into his mental illness and the ongoing need for medication. He continues to insist that he be treated with Concerta, notwithstanding that historically this has led to an exacerbation of his symptoms and a deterioration in his mental status. Should he not be subject to a disposition of the Board, it is clear that he would cease taking medication and, if possible, take Concerta. He would pose a significant risk of violence to others.
Having found that Mr. Dejong continues to represent a significant threat to the safety of the public, the Board must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
The Board has unanimously found that the necessary and appropriate disposition is a continuation of the current detention order. Mr. Dejong requires the significant structure and support only offered in the High Secure Program at Waypoint. Throughout the year he has been able to exercise seclusion relief on a regular basis. Since his decision to agree to take olanzapine, he has been out of seclusion.
Critically, he has recently agreed to a trial of clozapine. Historically he has done well on clozapine and has been able to transition to less secure settings. Unfortunately, for whatever reason, his compliance is not sustained, and he experiences a deterioration in his mental status. This time, Dr. Hudson is committed to meeting with Mr. Dejong every day in order to encourage him to continue taking clozapine. Staff have already seen an improvement. Should this trial continue, Mr. Dejong could begin to access other opportunities at Waypoint, such as the gym and recreational programs.
The Board is acutely aware that Mr. Dejong has been under the auspices of the Board for a very long period. He understandably is frustrated with the long detention and looks forward to spending time with his sons in the community. The evidence suggests that Mr. Dejong could achieve those goals if he continues to accept clozapine.
Accordingly, the Board finds that the necessary and appropriate disposition is a detention order with the same terms and conditions.
DATED this 21st day of August 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Finley
Alternate Chair
Office of the Registrar
Ontario Review Board