Skip to main content

minicounsel

Legal Resources Directory

/84088

/ORB/2025/84088

Re Chamberlain, 2025 CanLII 84088

August 19, 2025

Re Chamberlain, 2025 CanLII 84088

Case Summary

The Ontario Review Board held an annual review hearing for an accused found unfit to stand trial on a charge of sexual assault. The accused, who has severe Autism Spectrum Disorder and profound intellectual disability, resides in a specialized community setting with exclusively male staff to manage his risk of sexual and non-sexual aggression. The Board found that the accused remains unfit to stand trial, is likely permanently unfit, and continues to pose a significant threat to the safety of the public. The Board ordered the continuation of his existing detention disposition, noting that a conditional discharge would jeopardize his specialized funding and supervision.

Ontario Review Board

Re: Justice Chamberlain

ORB File No: 7360

Hearing held on: Monday, June 23, 2025

Place of Hearing: Providence Care Hospital

Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Hanbidge

Members: Ms. K. Brisson

Dr. S. Hucker

Dr. W. Loza

Ms. K. Weisbaum

Parties Appearing:

Accused: Justice Chamberlain

Counsel: Mr. M. Rodé

Person in charge of Hospital: Counsel: Ms. T. Tom

Attorney-General of Ontario: Counsel: Ms. J. Ferguson

REASONS FOR DISPOSITION

(Dated August 19, 2025)

Introduction

[1]. On May 28, 2018, Mr. Justice Chamberlain was found unfit to stand trial on a charge of sexual assault, contrary to the