Re Kenroy Samuel, 2025 CanLII 84097

RE: Kenroy Samuel

ORB File No: 7873 & 7983

Hearing Held On: Wednesday, July 16, 2025

Place of Hearing: Waypoint Centre for Mental Health

Pursuant To: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Ms. C. Finley Members: Dr. J. Ferencz Dr. B. Bordoff Ms. A. La Viola Mr. A. Bouvier

Parties Appearing: Accused: Kenroy Samuel Counsel: Mr. B. Irvine Person in charge of Hospital: Representative/Counsel: Ms. T. Newman Attorney-General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated August 21, 2025)

Overview

1Kenroy Samuel was found not criminally responsible on account of mental disorder on April 9, 2021, on a charge of assault causing bodily harm, contrary to the Criminal Code. Additionally, on November 18, 2021, Mr. Samuel was also found not criminally responsible on account of mental disorder on a charge of manslaughter contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board dated July 25, 2024, transferring his detention to the Centre for Addiction and Mental Health – Forensic Service, with residual authority to Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, until the transfer occurs. The terms of his Detention Order include community access within the catchment area, accompanied by staff, or an approved person.

2At the outset of the hearing, the Hospital, along with counsel for the Attorney General and counsel for Mr. Samuel agreed that the transfer to CAMH, which was ordered last year, remains the necessary and appropriate disposition for the coming year. The issue of ‘significant threat’ was specifically conceded by Mr. Samuel.

Issues

3On July 16, 2025, the Board convened at Waypoint for a hearing further to s. 672.81(1) of the Criminal Code to review the current disposition. The Board has been asked to determine whether Mr. Samuel is a significant threat to the safety of the public at the time of the hearing, and further, what is the necessary and appropriate disposition in the circumstances for Mr. Samuel according to the factors set out in s. 672.54 of the Criminal Code.

Findings

4After reviewing the evidence and submissions presented at the time of the hearing, the Board concluded that Mr. Samuel continues to represent a significant threat to public safety. While a detention order is required to manage his risk, a transfer to the less secure setting at CAMH continues to be the least onerous and least restrictive disposition at this time, with residual authority given to Waypoint in the interim. All of which is the necessary and appropriate outcome having regard to all the factors considered and outlined in more detail below.

Personal Background

5The Hospital Report dated June 20, 2025, was entered as an exhibit at the hearing, along with a victim impact statement filed by the Attorney General. The following background information, including the events surrounding the index offences has been taken from the Hospital Report, summarized here as follows.

6On December 6, 2019, Mr. Samuel stabbed a female victim from behind as she walked near Northcliffe Boulevard and Eglinton Avenue West in Toronto, fleeing immediately afterward. The victim sought hospital treatment for her injuries. Several months later, on March 15, 2020, during an argument at their shared residence, Mr. Samuel physically assaulted his mother and behaved inappropriately toward her. His older brother intervened to calm the situation and retrieved a knife Mr. Samuel had taken to his bedroom, but the confrontation escalated, culminating in Mr. Samuel fatally stabbing his brother.

7Mr. Samuel was born in Toronto, and raised primarily by his mother, following his parents' separation when he was five. He witnessed domestic violence in childhood, and his father returned to St. Vincent after facing legal issues and deportation. Despite reportedly normal developmental milestones, Mr. Samuel exhibited significant behavioural problems, including aggression, vandalism, theft, gang involvement, and violence toward family members. His adolescence involved substance misuse, truancy, school suspensions, and expulsions, along with ongoing difficulties associated with Attention Deficit Hyperactivity Disorder.

8Academically, Mr. Samuel completed high school despite concentration difficulties and an identified learning disability. He briefly attended college but withdrew due to mental health struggles. His employment record includes various short-term positions, often terminated due to poor attendance or concentration problems.

9Mr. Samuel’s substance use history includes regular alcohol consumption from a young age and daily cannabis use, along with the occasional misuse of his mother’s prescription opioid medication (Tylenol 3 tablets) when experiencing suicidal ideation. He has had limited intimate relationships, no marriages, and no children.

10A check of the Canadian Police Information Centre database shows that Mr. Samuel does not have a criminal record – no criminal history prior to the index offences. Any conflicting information in the Hospital Report has been resolved, confirming no prior convictions.

Psychiatric Background

11Mr. Samuel’s current psychiatric diagnoses are Schizophrenia, Cannabis Use Disorder and Major Depressive Disorder. He has been found capable of making decisions about his medical treatment, and capable of managing his finances. He is financially supported by the Ontario Disability Support Program.

12As noted, the Hospital Report was admitted into evidence at the hearing, and it contains extensive information. Mr. Samuel’s mental health concerns emerged in his late teens and early twenties, marked by agitation, paranoia, disorganized behaviour, exacerbated by repeated cannabis use. He had multiple emergency room visits and psychiatric assessments between 2009 and 2013, often triggered by aggression toward his mother or threats of self-harm. During this period, he was variously diagnosed with substance-induced psychosis, personality disorder, and possible schizophrenia. Despite intermittent improvement with antipsychotic medication, he was frequently non-compliant with treatment, declined addiction services, and was often lost to follow-up.

13From 2015 onward, Mr. Samuel experienced more sustained psychiatric stabilization following hospitalization with antipsychotic medications and regular psychiatric follow-ups. While some improvement was noted – particularly when compliant with treatment – he continued to demonstrate poor insight into his condition, cannabis dependence, and a pattern of deterioration when non-adherent to medications.

14Leading up to the index offences, Mr. Samuel had again reduced or discontinued his medication. He was reported to be subdued at the time of the assessment and unclear about his compliance, and he described assaulting someone due to a mistaken belief tied to his delusions. He was restarted on antipsychotic medication. His long-standing psychiatric history has been characterized by recurring psychotic episodes, poor insight, treatment non-compliance, and persistent cannabis use.

Evidence at the Hearing

15Dr. C. Hudson gave evidence at the hearing. Mr. Samuel has been under his care since December 2024. Mr. Samuel is currently first on the Waypoint waitlist for transfer to CAMH, having moved up from fourth place since the previous year. Although a specific transfer date is unknown, staff confirmed he is next in line. Alternative options, such as Ontario Shores, were discussed with Mr. Samuel, but he prefers to wait for his transfer to CAMH, as it is closer to his mother, and he perceives the wait to be reasonable.

16Clinically, Mr. Samuel is considered optimally treated with his current medication regimen, which includes Risperidone and other supportive treatments. He is not exhibiting active psychotic symptoms and has demonstrated improved insight into his mental illness and substance use. He is participating in structured therapy and vocational rehabilitation. Hospital staff believe he would be able to identify early signs of relapse and seek support if needed. Substance use, particularly cannabis, remains a key risk factor, and its management will become more complex in a less secure setting where exposure and access are more likely. His insight into the consequences of cannabis use has improved, although concerns remain about relapse and the impact on his mental stability.

17Mr. Samuel has not been physically aggressive during his current hospitalization and is not socially disruptive, although he remains reserved. His past non-compliance with medication is acknowledged, and staff stressed that continued adherence will be essential, particularly in a less structured environment. Switching back to a long-acting injectable antipsychotic is under consideration as he transitions to a less secure setting.

18There was general agreement among the clinical team that Mr. Samuel has responded well to treatment, especially compared to others with similar diagnoses. He has shown some acceptance of responsibility for past behaviour and appears motivated to engage in programs that support his recovery. His mother remains an important and positive source of support.

Submissions

19The Hospital maintained that Mr. Samuel continues to meet the threshold of a significant threat, noting that his risk is managed in the high-security setting but could arise again in a less structured environment. The Hospital acknowledged Mr. Samuel’s stability despite frustration over the prolonged wait and highlighted his ongoing engagement with treatment, structured programming, and vocational rehabilitation. Counsel for the Attorney General adopted the Hospital’s.

20Counsel for Mr. Samuel supported the Hospital’s recommendation and emphasized that Mr. Samuel appears clinically stable and legally fit. While he remains reserved in affect, this was attributed to both his mental illness and the sedating effects of medication. Counsel acknowledged the concerns regarding cannabis use and the risk of relapse in a less secure setting but noted Mr. Samuel’s improved insight and willingness to engage in addiction treatment. The goal remains a gradual transition with appropriate supports.

21Mr. Samuel’s mother submitted a victim impact statement, and she also addressed the Board, expressing her ongoing love and support for her son. She emphasized her commitment to his recovery and stressed the importance of his successful transition to CAMH. She recognized the challenges he may face upon discharge and expressed hope that he will continue to progress steadily toward reintegration into the community, with the current level of support.

Analysis and Conclusion

22The Board must determine whether Mr. Samuel continues to pose a significant threat to the safety of the public, as defined in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, and, if so, what disposition is necessary and appropriate in accordance with s. 672.54 of the Criminal Code.

23Mr. Samuel has remained psychiatrically stable over the past year. We note that there have not been any behavioural incidents or elevations in clinical risk indicators, and his interactions with staff have been cooperative during the current review period. His psychosis is well-controlled, and he is fully compliant with his medication regimen. He continues to participate in recreational programming and has shown gradual engagement with vocational and addictions therapy. While his participation in structured therapy has been more limited, he has demonstrated a basic understanding of his illness and appears to have sufficient insight to recognize signs of decompensation.

24From a risk assessment perspective, both his violence and psychopathy scores place him at a moderate to medium risk for future violence. There have been no specific behaviours over the current review period that would suggest an elevated or imminent risk. However, substance use remains a persistent concern. Although Mr. Samuel has attended addictions programming and expresses interest in treatment, his attitudes toward cannabis and alcohol remain ambivalent. His historical use of cannabis has been closely associated with symptom exacerbation and criminal behaviour, including the index offences. Accordingly, the potential for relapse in a less secure setting, particularly with increased access to substances, remains a material factor in assessing future risk.

25His HCR-20 assessment identified persistent concerns in the areas of insight, supervision response, instability, and symptoms, even though his presentation has remained stable in a structured setting. The current risk profile suggests that while he remains a potential threat in less secure environments – particularly in the context of substance access – his risk is manageable with appropriate monitoring, treatment adherence, and environmental controls.

25. Nonetheless, the current level of security at Waypoint is no longer be necessary. There is evidence that Mr. Samuel has benefited from the structured setting and psychiatric interventions provided to date. He is presently first on the waitlist for transfer to the CAMH Forensic Program, which is a less restrictive environment. That facility would provide him with expanded access to addiction-focused interventions and allow for testing his risk in a controlled, yet more realistic setting. The treatment team has indicated that further benefit from continued detention at a high secure unit is unlikely, given that addictions therapy in such a setting remains largely superficial due to the absence of real-life exposure to risk factors. This approach is consistent with the least onerous and least restrictive disposition.

26Mr. Samuel has expressed a clear preference for CAMH over other facilities, citing proximity to his mother and the ease of family visits. While Ontario Shores was discussed as a potential alternative, Mr. Samuel has remained committed to waiting for a bed at CAMH, and the treatment team supports this plan.

27In conclusion, we find that Mr. Samuel continues to pose a significant threat to the safety of the public, particularly in relation to his longstanding substance use and potential for relapse. However, his current treatment compliance, psychiatric stability, and moderate risk level support a less restrictive environment. The Board is satisfied that a transfer to the CAMH Forensic Program with appropriate conditions is the necessary and appropriate disposition at this time.