Ontario Review Board
Re: Andrew Hill
ORB File No: 8764
Hearing held on: Tuesday, July 8, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. R. Kunjukrishnan Dr. W. Loza Mr. D. D’Intino Ms. N. Lemieux-McKinnon
Parties Appearing:
Accused: Andrew Hill Counsel: Ms. S. Brass
Person in charge of hospital: Representative: Dr. J. Gojer
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated August 20, 2025)
Introduction
On April 11th, 2025, Andrew Hill, was found not criminally responsible (“NCR”) on account of mental disorder on charges of arson – disregard for human life, possession of an incendiary device and mischief over five thousand dollars, all contrary to the Criminal Code of Canada (“Criminal Code”). At the time of the finding of NCR, the Honourable Court did not make a disposition and referred the matter to the Ontario Review Board.
On July 8th, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Royal Ottawa Mental Health Centre (“ROMHC”) pursuant to s. 672.81(1) of the Criminal Code. The initial review for Andrew Hill was held in person. The hospital was represented by Dr. Gojer, the Attorney-General by Ms. Dufort and Andrew Hill by Ms. Shira Brass.
Preliminary Matters
- At the outset of the hearing, Ms. Brass asked to be appointed as counsel which the Board so ordered in the interest of justice.
Without Prejudice Position of the Parties
- Dr. Gojer indicated that a Detention Disposition with privileges up to and including residing in the community in approved accommodation was recommended. Ms. Dufort indicated, on behalf of the Crown, that she was ad idem but would have questions. Ms. Brass, on behalf of Mr. Hill, advised that she anticipated being ad idem with the hospital position and conceded the ongoing presence of significant threat on behalf of her client. The hearing therefore proceeded by way of joint position which was maintained following the Parties’ closing observations.
Current Diagnoses
Main Diagnoses
- Schizoaffective Disorder (bipolar type) – currently in manic episode
Contributory diagnoses
- Autism Spectrum Disorder (Asperger’s Syndrome)
Contributory personality features
- Adult Antisocial Behaviours Contributory psychosocial stressors
Index Offences
- The nature of the allegations giving rise to the charges on the index offences is described in the hospital report as follows:
“Theft Not Exceeding $5,000 Section 334(b) CCC
On November 17th, 2024, at 4:45 AM, the victim Bernadette NYAKAGENI was seated inside a common area room of the Shepherds of Good Hope shelter located at 256 King Edward Ave. The victim plugged her Alcatel cell phone into an electrical outlet in order to charge it. The phone was left on a table next to the electrical outlet. The victim sat down at a nearby chair and fell asleep. At 5:05 AM, the accused Andrew HILL sat at a chair next to the table where the cell phone was charging. The accused placed the cell phone inside the right side of their jacket. At 5:06 AM, the accused left the room with the cell phone still inside their jacket.
On December 6th 2024, the accused was charged with one count of Theft Under $5,000 and released on an Undertaking.
Arson/Negligent Fire Or Explosion/Harm Or Damage Section 436(1) CCC
Arson/Fire Or Explosion Causing Property Damage Section 434 CCC
Arson/Fire Or Explosion/Disregard For Human Life Section 433(a) CCC
Possess Incendiary Material For Arson Section 436.1 CCC
Mischief/Damage Property/Exceeding $5,000 Section 430(3) CCC
- On the 15th day of July 2023, the accused Andrew HILL DOB 1990-02-11 was at the Montfort hospital located at 713 Montreal road in the city of Ottawa Ontario. HILL attended the Montfort hospital to get treated for his mental health. HILL was in the RAZ area of the hospital. HILL leaves his room RAZ# and make his way to the bathroom which is approximately a dozen meters away from his room. Momentarily after HILL is seen exiting the bathroom and walked back to his room RAZ#5.The fire alarm is activated. Smoke and fire are observed in the bathroom. Ottawa Fire department attendant to extinguish the fire. Head nurse Brigitte DUHAMEL contacted the Ottawa Police to report an Arson. DUHAMEL stated that the fire was on the toilet bowl. DUHAMEL located a lighter inside HILL's room. The fire cause some significant damage to the bathroom, the bathroom had to be closed to the public. DUHAMEL stated that the fire was on the toilet bowl HILL was later transferred in a different unit within the Montfort hospital. DUHAMEL stated that HILL admitted that he started the fire. HILL would have stated "you deserved it" Det. SWANSON carried this investigation. July 29th Det. SWANSON viewed the CCTV footage of the RAZ wing at the Montfort hospital. Det. SWANSON observed HILL going inside the bathroom, momentarily exiting the bathroom to return in his room RAZ#5.Det.SWANSON confirms that nobody is seen entering the bathroom after HILL.
Fail To Comply With Release Order 145(5)(a) X 4 CCC
On the 16th of August 2023, the accused, Andrew Hill, born on the 11th of February 1990, was bound by an Ontario Court of Justice release order entered into before a Judge or Justice of the Peace. The accused is to remain in his residence daily between the hours of 1200 am and 0600 am, except for medical emergencies. He is to also not to possess any incendiary material that can be used to light a fire.
On the 5th of December 2023, there was a call for service for a male yelling near the school. Cst. McDade located the accused near the address where the complaint originated. The accused stated that he got lost after taking the OC Transpo bus from the mall. The accused was yelling to try and get a drive back to Shepherds of Good Hope. The accused was aware that he was breaching his curfew condition between 1200 am and 0600 am and that is why he was trying to get a drive back. The accused was sub sequentially arrested for failing to comply with his release order. During search incident to arrest a brown lighter was located in the accused's right jacket pocket. The accused was charged with two counts of failing to comply with his release order.
On the 16th of August 2023 Andrew HILL appeared before the Ontario court of Justice and was released with a release order with the following conditions; Report to the John Howard bail supervision program by phone on Friday August 18th 2023 at 10:00 am (bail supervisor Lyssie LEWIS 613-277-6512) and thereafter as required.
Summary: LEWIS NASH is the bail supervisor at John Howard society. LEWIS NASH stated that HILL was schedule to report himself to John Howard society not later than August 24th, 2023 at 13h30. LEWIS NASH stated that HILL failed to report himself on August 24th 2023.
LEWIS NASH stated that she had sent a letter to HILL, informing him that he has to report himself to the John Howard society for September 7th 2023 at11h00.
LEWIS NASH stated that HILL failed to report himself to the John Howard society on September 2023.
LEWIS NASH added that HILL made no attempts to contact the John Howard society office.
LEWIS NASH contacted the OCDC and confirmed that HILL was not in custody. On September 13th 2023 Det. SWANSON took carriage of the investigation and formed reasonable grounds to believe that HILL fail to comply with his release order under the criminal code of Canada.
On September 25th 2023 Cst. DACQUAY arrested HILL for failing to comply with his release order. HILL was released with an undertaking.”
Background
The Board admitted into evidence a Hospital Report dated July 17, 2025 as Exhibit 1. That document provides a great deal of information concerning Mr. Hill’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequent to the index offences. As the Hospital Report was made an Exhibit, it’s unnecessary to reproduce the entirety of the information contained therein in these Reasons. Briefly:
ROMHC records indicate that Mr. Hill's mother worked as a registered nurse before retiring and his father was a family doctor. His parents split up in 2005 and were divorced in 2006, reportedly due to his father’s mental health problems. Mr. Hill's father died of a drug overdose in 2014. Mr. Hill was the person who discovered his father's body.
Mr. Hill's mother and sister experienced what is referred to as "caregiver burnout" from trying to be supportive of their son and brother. . Because of this, they have sometimes chosen not to participate in his care. Mr. Hill has had minimal contact with his sister who now lives in Montreal.
Mr. Hill experienced difficulties getting along with others and difficulties with his studies because of mental health issues. He was homeschooled from grades 5 through 7 and only completed up to grade 10. He has never been able to maintain employment for an extended period of time. He is financially supported by the Ontario Disability Support Program and from a trust fund. He has mainly lived alone, absent any long term relationships or dependents.
Mr. Hill's psychiatric history begins in 2008 when he was first diagnosed with Bipolar I Disorder within the ROMHC’s First Episode Psychosis program. In 2013, doctors changed his diagnosis to Schizoaffective Disorder (bipolar type). He was treated at the Montfort Hospital's outpatient mental health clinic from 2013 to 2015, until his psychiatrist retired and psychiatric care was assumed by his family doctor.
Mr. Hill has had numerous psychiatric admissions. His first hospital stay was in 2008 at the Ottawa Hospital. In 2013, he was re-admitted there after taking too many Tylenol pills in an overdose attempt.
Subsequent to brief admissions from late 2019 to early 2020 in Oshawa, Kapuskasing, and Timmins and again at The Ottawa Hospital Mr. Hill was readmitted from January 29 to April 1, 2020 at The Ottawa Hospital, then transferred to the ROMHC where he remained from April 1 to September 10, 2020. He was initially treated with Haldol, a long-acting injectable antipsychotic. This was changed to an oral anti-psychotic because he complained about feeling emotionless and unmotivated. He was discharged on a voluntary Community Treatment Order (CTO)because he and his mother wanted him to leave, even though doctors recommended he stay longer.
On November 9, 2020, Mr. Hill was again admitted to the Montfort Hospital because he was becoming more aggressive, disorganized, and experiencing hallucinations. He was transferred back to the ROMHC on November 16, 2020, where he remained as an inpatient for almost a year, until October 29, 2021. Prior to discharge, an occupational therapist worked extensively with him on independent living skills and community living options. However, his mother ultimately decided he would live with her while continuing to develop skills for independent living.
From November 2021 to May 1, 2023 Mr. Hill was followed in the community by Dr. Tabitha Rogers. Initially he did well. However, by early 2023 Mr. Hill was eager to reduce the frequency of his appointments from monthly to every six months. Mr. Hill was documented wandering through hospital emergency departments, without having registered to be seen, in manic and psychotic states.
On May 2, 2023 Mr. Hill attended at the emergency department of the Montfort Hospital. He stated that people working on psychiatric units were part of a conspiracy with the CIA and that psychiatrists were trying to suppress his transgender identity by treating him with antipsychotic medications. His mother confirmed that he had not been allowed to live with her since March 2023 and advised that the Public Guardian & Trustee should be named his Substitute Decision Maker. He was sexually preoccupied, stating that Dr. Rogers' clinical decisions were premised on sexual fantasies. He also had a leg wound that needed antibiotic treatment, but refused medical care due to his paranoia and disorganization. Mr. Hill remained at the Montfort as a psychiatric in-patient until May 26th. During this period he challenged the decision that he was incapable of making treatment decisions to the Consent & Capacity Board. The decision was reversed on a technicality. Thereafter, he insisted on leaving hospital and was discharged with a prescription for Haldol. A week later, on May 30 Mr. Hill was returned to hospital from a homeless shelter by paramedics because he was exhibiting paranoid symptoms. He remained in hospital for 10 days to receive intravenous antibiotics for a leg infection referenced above. He only accepted three of the five antibiotic doses and refused all mental health medications. He was discharged back to the shelter because he was not considered an immediate danger to himself or others.
On July 15th 2023 Mr. Hill was again brought to the Montfort hospital by paramedics. He was noted to be agitated, pacing, and talking to himself before being escorted off hospital property. Two hours later, paramedics brought him back to the hospital because he had tried to break into neighbours' homes, screaming, being confrontational, talking to himself and voicing he was working for the CIA. While in the emergency department, he set a fire in the bathroom, which resulted in a Code White security alert being called and he was placed in physical restraints. A criminal charge was laid in this regard which was later included among Mr. Hill’s index offences. When the psychiatrist tried to interview Mr. Hill he was uncooperative and essentially refused to answer questions. Mr. Hill was however observed talking to himself and going off on tangents, mainly focusing on religion and God. He was admitted for stabilization. Mr. Hill was declared incapable of making treatment decisions. The Public Guardian & Trustee was contacted and agreed to the start of both oral and injectable antipsychotic medication (Haldol). The Consent & Capacity Board upheld this decision, which Mr. Hill compared to a "hate crime against transgender people." He received his first dose of Haldol on July 27, 2023. By August 1, 2023, he was noted to be "more in touch with reality" and not responding to voices or internal stimuli. However, he continued to be somewhat disorganized, including when he started talking about his "theory" about transgender people that was very difficult to follow. As the days went on, doctors noted fewer psychotic symptoms and more antisocial personality traits. Mr. Hill seemed to "enjoy disrupting the peace of the ward," including causing more incidents of clogging toilets. Mr. Hill had also contested his Form 4 to extend involuntary admission and enable a transfer to the ROMHC. Thereafter, it was decided that there were limited benefits of keeping him in hospital much longer, as he was no longer a risk to himself or others. Mr. Hill refused to accept the prescription for his long-acting injectable antipsychotic medication and was discharged on August 11th.
On October 13th 2023 Mr. Hill came to Queensway-Carleton Hospital with paramedics, complaining of a headache and pain in both hands and feet from an alleged assault that occurred back on March 7, 2023. When assessed by the emergency physician, he showed tangential thinking and grossly disorganized thoughts. He was therefore placed on a Form 1 to enable a 72 hour psychiatric assessment. While there were features suggesting his Schizoaffective Disorder had worsened, he did not appear to be at immediate risk of harm to himself or others. As such, he was discharged from the emergency department.
Evidence at the Hearing
Mr. Hill arrived from the Ottawa-Carleton Detention Centre (OCDC) to attend his hearing.
Dr. Julian Gojer testified on behalf of the hospital. He testified that Mr. Hill’s mental state has deteriorated since he last saw him a month prior to this hearing at the Ottawa-Carleton OCDC. That deterioration is in keeping with Mr. Hill’s primary diagnosis of a schizoaffective disorder.
What previously kept Mr. Hill well was a combination of mood stabilizer and an anti-psychotic. Mr. Hill has not received anti-psychotic medication since his admission to the OCDC in January 2025. As a result, he is currently inadequately treated. Dr. Gojer reported that Mr. Hill has declined permission for him (Dr. Gojer) to speak to Dr. Jiyoung Huang, the OCDC responsible psychiatrist.
Mr. Hill has a history of aggressive behaviour that culminated in arson in the context of untreated mental illness. His risk to public safety remains elevated and fluid in conjunction with a history of medication non-compliance. Mr. Hill requires admission to the ROMHC in order to stabilize his mental state. Due to Mr. Hill’s history of treatment non-compliance, a Detention Disposition is required to return him to hospital from the community if his mental state deteriorates.
He previously responded well to antipsychotics. It is conceivable that once admitted to the ROMHC, Mr. Hill could be placed in the community within the year. Community placement to be subject to a recommended reporting requirement of not less than once per month, together with a prohibition vis-à-vis incendiary devices.
Questioned with regard to additional terms and conditions, Dr. Gojer specified that Mr. Hill’s Disposition should also include hospital and grounds privileges indirectly supervised, indirectly supervised access to the community and passes for up to seven days.
Responding to questions from Ms. Dufort, Dr. Gojer advised that Mr. Hill’s Lithium adherence is unknown. At the OCDC, administration of Lithium is performed by mental health nurse Amber Mahoney who advises that Mr. Hill is taking Lithium but refusing antipsychotic medication.
Mr. Hill’s treatment capacity cannot be assessed until he is admitted to hospital. Dr. Gojer anticipates that once treated Mr. Hill will regain treatment capacity as he did when subject to a Fitness Order.
At present, Mr. Hill is number three on the admission waitlist from the OCDC to the ROMHC as he is sub optimally treatment. His admission may therefore be prioritized and it could be weeks rather than months before a bed is available to him at the ROMHC.
Responding to questions from Ms. Brass, Dr. Gojer testified that as a result of Mr. Hill’s schizoaffective disorder his current dosage of Lithium is subtherapeutic.
Dr. Gojer would not consider allowing Mr. Hill to possess a lighter for personal use so he can smoke cigarettes. Dr. Gojer added that this type of privilege may in fact slow Mr. Hill’s access to passes and eventual discharge were this to become a contentious issue.
Dr. Gojer foresees Mr. Hill’s discharge to the community some six to nine months following his admission to the ROMHC. Dr. Gojer added that it is difficult for patients with an incendiary offence background to be accepted by group homes. Nevertheless, Dr. Gojer is hopeful Mr. Hill can eventually be transitioned to a group home and thereafter to independent living.
Responding to questions from the Panel, Dr. Gojer advised that the treatment plan upon admission is to start Mr. Hill on an anti-psychotic. In the event he refuses, it is possible that the Consent and Capacity Board will determine his capacity to consent to treatment.
The transgender issues identified in late 2023 are no longer present and only arose while Mr. Hill was psychotic.
Mr. Hill was called to give evidence by his counsel. He testified that he was diagnosed with childhood early onset Bipolar illness at age eight and received Lithium for a short period of time. He described poor response and/or allergic reactions to anti-psychotics at an early age. Mr. Hill described his gender as “solid” and that he now identifies as asexual. He reiterated that he feels he only has a bipolar illness and is not schizophrenic.
Mr. Hill advised that he is “okay” with the proposed prohibition regarding incendiary devices as well as the other conditions proposed by Dr. Gojer.
Asked why Dr. Gojer believes he suffers from Schizophrenia, Mr. Hill responded that he has never experienced hallucinations. Primarily, however, he believes his symptoms are more akin to those of a bipolar illness. Mr. Hill stated that Dr. Gojer should be asked why he formed that opinion.
No other evidence was presented.
Closing Observations
- Dr. Gojer advised that following Mr. Hill’s admission to the ROMHC he will provide his patient with the opportunity to augment his Lithium levels prior to the initiation of an antipsychotic regime. Ms. Dufort indicated that she continues to support the hospital’s position. Ms. Brass emphasized that her client requires admission to hospital and that it is an injustice for him to continue to be held at the OCDC.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Andrew Hill continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Andrew Hill continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Gojer. The Board also relies on the references to risk to public safety contained within the Psychiatric Update on the last two pages of the Hospital Report, reproduced in part for ease of reference:
Andrew has a long standing history of a Schizoaffective disorder with predominantly manic episodes. He has a history of being non-compliant with treatment and his insight fluctuates. At this time, Andrew has limited insight in that he recognizes that he suffers from a Bipolar Mood Disorder but not the Schizophrenia component. He is accepting Lithium but not any other medication.
In examining risk, the charges are serious and had the potential for serious property damage and danger to life. He has a chronic illness and with inconsistent compliance, his mood symptoms have not been contained. When on bail he has not been able to follow through.
(b) Disposition
Flowing from the Board’s finding that Andrew Hill continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Andrew Hill’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Andrew Hill provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Andrew Hill’s needs, the Board was attentive to his documented resistance to be treated with antipsychotic medication. In his testimony, Mr. Hill referenced a poor response as well allergic reactions to anti-psychotics from an early age. This propensity may be attributable to his initial diagnosis of bipolar illness in 2008. However, since 2013, Mr. Hill psychiatric diagnosis has consistently remained that of Schizoaffective Disorder (bipolar type).
A Conditional Discharge is regarded as premature at this juncture. If Mr. Hill is accorded community living during the term of this Disposition, the Hospital will require the ability to readmit him expeditiously and directly to hospital in the event of mental deterioration, in order to prevent an escalation of his level of risk to the safety of the public. Additionally, the Hospital requires the ability to approve Mr. Hill’s accommodation in the community in order to ensure that he has available to him adequate levels of support and in particular oversee his prescribed medication compliance.
Finally, this Panel of the Board commends Dr. Gojer’s stated intention to first augment Mr. Hill’s Lithium dosage prior to the initiation of an antipsychotic regime. In so doing, Dr. Gojer is addressing Mr. Hill’s treatment concerns and establishing a therapeutic relationship premised on respect and accountability.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Andrew Hill poses to the safety of the public while still meeting his needs, is a Detention Disposition.
In making this Disposition, the Board considered the joint position and submissions of the parties and the evidence of Dr. Gojer and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and also considered the need to protect the public from dangerous persons, Mr. Hill’s mental condition, his reintegration into society and other needs.
DATED this 20th day of August 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Alternate Chairperson
__________________
Office of the Registrar
Ontario Review Board