Re: Christina Bertrand, 2025 CanLII 84096

Re: Christina Bertrand

ORB File No: 5049

Hearing held on: Thursday, July 31, 2025

Place of Hearing: Ontario Shores Centre for Mental Health Sciences

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

Before:

Alternate Chairperson: Mr. R. Bigelow Members: Dr. A. Park Dr. A. Kerry Mr. J. Goldenberg Mr. J. Cyr

Parties Appearing:

Accused: Christina Bertrand Counsel: Mr. A. Rai

The Person in Charge of Hospital: Counsel: Ms. J. Szabo

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated August 21, 2025)

Introduction

1. On March 11, 2008, Christina Bertrand was found not criminally responsible on account of mental disorder (NCR) on charges of assaulting a peace officer and failure to comply with a probation order contrary to the Criminal Code. She is currently subject to a disposition of the Ontario Review Board (the Board) dated August 16, 2024, ordering her detention within the Forensic Program of the Ontario Shores Centre for Mental Health Sciences (the Hospital) with privileges up to and including living in the community in accommodation approved by the person in charge.

2. On Thursday, July 31, 2025, the Board convened a hearing to review Ms. Bertrand’s disposition pursuant to section 672.81(1) of the Criminal Code. Ms. Bertrand was present at the hearing and represented by counsel, Mr. Rai. The issues to be determined at the hearing were whether Ms. Bertrand represents a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, to determine what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in section 672.54 of the Criminal Code.

Initial Positions of the Parties

3. At the commencement of the hearing, the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that it was the Hospital position that Ms. Bertrand continued represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current detention order without any substantive changes but with a few minor changes in the wording of terms as set out in the Hospital Report at pages 92-93 to clear up any ambiguities.

4. Counsel for the Attorney General and counsel for Ms. Bertrand joined the Hospital in that recommendation. Counsel for Ms. Bertrand specifically indicated that he would not be contesting the issue of significant threat.

Evidence at the Hearing

5. The evidence at the hearing consisted of the Hospital Report and the oral evidence of Dr. Chuong, Ms. Bertrand’s treating physician prior to her discharge into the community in May of this year.

Findings:

6. For the Reasons that follow, the Board finds that Ms. Bertrand continues represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the minor changes jointly recommended by the parties.

Index Offences:

7. The circumstances surrounding the index offences as summarized in last year’s Reasons for Disposition are as follows:

Assault Peace Officer (Correctional)

On January 18, 2008, the accused, Christina BERTRAND, was remanded in custody at the Central East Correctional Centre (CECC) serving a sentence for convictions of Assaulting a Peace Officer, Failing to Comply with Probation and Failing to Attend Court. At approximately 0845 hrs, she was in the shower area of the unit, when she became agitated and aggressive (for unknown reasons). When this occurred, staff attended and asked her to remove herself from the shower.

She complied, but when staff opened the door, she immediately struck Correctional Officer Paul WHITE twice in the face with her fist.

While the officers were trying to restrain her, she was successful in biting Correctional Officer WHITE in the lower left leg.

Although the injuries sustained by Officer WHITE were relatively minor, the accused did break the skin when she bit him. This caused Officer WHITE to be subjected to a number of tests to ascertain whether he had been subjected to any communicable diseases. At the time of the writing of this Crown Brief, it was unknown if he had been exposed to any such diseases.

Fail to Comply Probation

At the time of the commission of the above-noted offence, the accused was bound by six separate probation orders, all with the statutory condition that she keep the peace and be of good behaviour. By committing this assault, she has failed to comply with this condition."

Background Information Regarding the Accused:

8. Ms. Bertrand is currently 41 years of age and was born in Ottawa. Her mother passed away approximately two years prior to the index offences and her father a number of months after the index offence. Ms. Bertrand was extremely rebellious as a child and did not follow parental rules. She failed several grades but was advanced through the school system as teachers did not want to hold her back. She struggled academically and began to evidence behavioural problems in grade 7 or 8 and may have been diagnosed with a learning disability. She left school after completing grade 8.

Substance Use History

9. Upon initial admission to hospital Ms. Bertrand reported that she first consumed alcohol at the age of 13. She began drinking heavily soon thereafter, consuming alcohol on at least two occasions per week. Although she denied that alcohol had resulted in any particular difficulties in her life, friends and family have reportedly told her that she had a drinking problem, and she endured legal complications because of her alcohol use. She reported starting to use marijuana at age 14 and crack cocaine (smoking and intravenously) at age 19. She endorsed consuming marijuana and crack cocaine on many occasions, including stating that “I love crack” and that she would “never quit it”.

Legal History:

10. Ms. Bertrand has a lengthy criminal record commencing in 2002 including convictions for assault (x5), assault peace officer (x3) mischief under $5000 (x2), communicate for the purpose of prostitution (x2), break and enter (x2), unlawfully in a dwelling, assault with a weapon and numerous breaches of court orders.

Psychiatric History

11. Ms. Bertrand has reported that her first contact with the psychiatrist was when she was 17 and that she was diagnosed with schizophrenia at the age of 18 and was prescribed quetiapine which she indicated improved her sleep and helped her feel calm.

12. Ms. Bertrand’s first admission to hospital with respect to mental health-related issues was from October to December 2002. On admission, she was paranoid and delusional, endorsing ideas of reference from the media and experiencing auditory hallucinations. Since that admission, she has been in hospital on several occasions with varying lengths of stay. She also visited various emergency departments for crisis intervention as well as symptoms associated with alcohol and crack cocaine abuse. Her community psychiatrist indicated in a note dated April 6, 2007, that her diagnoses were “possible schizophrenia; definite personality disorder and substance use disorder”.

13. In August 2021, while on an indirectly supervised pass, Ms. Bertrand consumed a large amount of alcohol and was struck by a vehicle, resulting in several fractures and a head injury which has had an impact on her level of frustration tolerance, impulsivity, and emotional regulation. Attempts have been made by the treatment team to encourage Ms. Bertrand to complete psychological testing to understand her cognitive abilities and tailor treatment approaches; however, during the past reporting year, she continued to demonstrate low frustration tolerance and reluctance to engage in the assessment process.

Current Diagnoses

14. Ms. Bertrand’s current diagnoses are:

• schizoaffective disorder, bipolar type

• alcohol use disorder, moderate

• cocaine use disorder, mild

• cannabis use disorder, severe

• unspecified personality disorder with antisocial and borderline traits.

Evidence of Dr. Chuong

15. Dr. Chuong indicated that she had been Ms. Bertrand’s treating physician until her discharge into the community in May 2025 when her care was transferred to Dr. Bhullar and the FOS (Forensic Outpatient Service). Dr. Choung indicated that the only update to the Hospital Report was to note that subsequent to the completion of the Report, Ms. Bertrand had tested positive for cannabis on July 24^th.

16. Dr. Choung advised that Ms. Bertrand’s transition to the community had gone well and that she had been adherent to prescribed medications and adherent to house rules at her residence. Dr. Chuong advised that although Ms. Bertrand wants to live independently, she expected that Ms. Bertrand would remain in her current housing for the upcoming reporting year but that if all goes well, there will be a progressive loosening of monitoring.

17. Dr. Chuong stated that Ms. Bertrand has completed various substance abuse programs and is currently meeting in person with a substance abuse counsellor in the community on a weekly basis and intends to continue with that.

18. In response to questions from counsel for Ms. Bertrand, Dr. Chuong agreed that Ms. Bertrand had not displayed any aggression, had been compliant with medication, and was capable to make decisions with respect to treatment. She also agreed that there had been a progressive improvement in Ms. Bertrand’s insight.

19. In response to questions from panel members, Dr. Chuong indicated that Ms. Bertrand’s last use of cocaine was in 2020 and that despite the number of positive urine screens for cannabis, there had been no decompensation over the reporting year.

Final Submissions of the Parties.

20. All parties maintained their initial positions at the conclusion of the hearing.

Analysis and Conclusion, significant threat:

21. Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that the evidence clearly supports a finding of significant threat. Ms. Bertrand suffers from a major mental illness, namely schizoaffective disorder (bipolar type), as well as alcohol use disorder (moderate), cocaine use disorder (mild), cannabis use disorder (severe), and unspecified personality disorder with antisocial and borderline traits. Ms. Bertrand has a history of noncompliance with prescribed medications as well as acting out aggressively in the community as well as failure to comply with court orders.

22. The Board agrees with and adopts the clinical assessment of risk set out in the Hospital Report which indicates:

Ms. Bertrand’s primary criminogenic risk factors continue to be her personality traits, major mental illness, and history of substance use. She has a well-documented history of emotional dysregulation and impulsivity connected to her personality traits that has been further exacerbated by her acquired brain injury. Her schizoaffective disorder has largely remained stable over the reporting year with few exacerbations in her psychotic symptoms. This is likely due to her regimen of antipsychotic medications with which Ms. Bertrand shows good adherence without significant encouragement required. Periods of verbal aggression or irritability have continued to be present over the reporting year despite a highly supportive and structured treatment environment with oversight from professional and personal support systems.

23. Absent supervision by the Board, there is a real risk of Ms. Bertrand returning to significant use of intoxicating substances followed by a falling away from treatment resulting in a significant increase in risk to members of the public.

Analysis and Conclusion, Necessary and Appropriate Disposition:

24. The Board also finds that the evidence supports the joint submission that the necessary and appropriate disposition is a detention order on the terms as recommended by the Hospital. Given Ms. Bertrand’s history of substance abuse and failure to adhere to recommended treatment, it is important that the Hospital be able to approve accommodation in order to ensure that Ms. Bertrand has the appropriate monitoring and support to ensure her adherence to treatment and abstinence from intoxicating substances in order to protect the public and assist in her reintegration into the community.

DATED this 21^st day of August 2025, at the City of Toronto, in the Toronto Region.

Robert Bigelow

Alternate Chairperson

Office of the Registrar

Ontario Review Board