Ontario Review Board
Re: Owen Peter Schlathau
ORB File No: 5191
Hearing held on: Tuesday, June 24, 2025
Place of Hearing: Providence Care Hospital, Kingston, Ontario
Pursuant to: Sections 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Hanbidge
Members: Ms. K. Weisbaum
Dr. S. J. Hucker
Dr. W. Loza
Ms. K. Brisson
Parties Appearing: Accused: Owen P. Schlathau Counsel: Mr. C. Carter Person in charge of hospital: Representative: Ms. T. Tom Attorney-General of Ontario: Counsel: Ms. J. Ferguson
REASONS FOR DISPOSITION
(Dated August 20, 2025)
Introduction
[1]. On October 9, 2008, Owen Peter Schlathau was found not criminally responsible on account of mental disorder on charges of assault, assault with a weapon, mischief not exceeding $5000 and indecent acts, all contrary to the Criminal Code of Canada (“Criminal Code”).
[2]. Mr. Schlathau is currently subject to the terms of a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated May 17, 2024, which discharges him subject to conditions.
[3]. On June 24, 2025, a panel of the Board convened at PCH to conduct Mr. Schlathau’s annual review and to make a Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Schlathau attended his hearing and was represented by his legal counsel, Mr. Chad Carter. Also appearing were Ms. Tina Tom, legal counsel representing the interests of the Hospital, as well as Ms. Jennifer Ferguson, Crown counsel, appearing on behalf of the Attorney-General of Ontario.
[4]. The issues to be determined at the hearing were whether Mr. Whan continues to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and if so, what is the necessary and appropriate Disposition which is also the least onerous and least restrictive taking into account the factors set out in section 672.54 Criminal Code.
Position of the Parties
[5]. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board. Ms. Tom, on behalf of the Hospital, submitted Mr. Whan was a significant threat to the safety of the public and supported the continuation of a Conditional Discharge Disposition on the same terms and conditions as set out in the Board’s previous year’s Disposition. Ms. Ferguson, on behalf of the Attorney General, supported the Hospital’s recommendations. Mr. Carter, on behalf of Mr. Schlathau, similarly supported the Hospital’s recommendations.
Findings of the ORB Panel
[6]. For the reasons that follow, the Board found that Mr. Schlathau continues to represent a significant threat to the safety of the public and the necessary and appropriate Disposition is his continued Conditional Discharge, with the conditions noted in the formal Disposition.
Index Offences
[7]. The Hospital Report of June 2, 2025, was filed as Exhibit 1 to this hearing. It contains a description of the index offences. On June 17, 2008, the accused and the female victim were walking towards each other along Barrie Street in the City of Kingston. The accused’s behaviour made the victim feel uneasy. As they got closer the accused would mirror the victim’s movements blocking her path along the sidewalk. When the victim left the sidewalk to attempt to pass the accused, the accused punched her in the right side of her face and knocked her into a parked car. He was located and arrested for assault causing bodily harm.
[8]. A further complaint to the police was made shortly after the above-noted incident. The accused was observed yelling and swearing at three young children. He ripped an umbrella out of an 8-year-old’s hands and started to swing at him striking the child on the right arm and then throwing it at him. As two adults tried to intervene the accused then kicked the same young boy in the stomach and the back. He then began kicking the vehicle owned by one of the adult witnesses and damaging it.
[9]. Although there were no visible injuries to the children they were upset and scared.
[10]. On June 16, 2008, the accused was observed by bystanders to be masturbating in a public place. He was subsequently provided with an appearance notice for committing an indecent act in public.
Background
[11]. The Hospital Report should be referred to for particulars regarding Mr. Schlathaus’s background which includes use of various substances which he began in grade 8, a number of hospital admissions for psychiatric issues beginning at a young age and a criminal history including convictions for assault, theft, obstructing peace officer, mischief, and failure to comply with terms of probation. There were a number of contacts with police that did not result in any convictions.
[12]. When Mr. Schlathau was found not criminally responsible in October 2008, he was ordered detained at the Forensic Assessment Program at Oak Ridge (now Waypoint Centre for Mental Health Care). Mr. Schlathau’s behaviour there for many years was problematic and included sexually inappropriate behaviour and comments and threats to staff and peers, requiring periods of seclusion and physical restraint by staff.
[13]. Mr. Schlathau is diagnosed with schizophrenia and polysubstance use disorder. Ultimately, treatment with clozapine became effective in reducing Mr. Schlathau's level of agitation and impulsivity and his delusions. His last major act of violence was in October 2012.
[14]. Mr. Schlathau was transferred to Providence Continuing Care Kingston in September of 2013. Although he avoided physical or verbal aggression there were a number of instances of sexually inappropriate behaviour and remarks which he had difficulty controlling.
[15]. Mr. Schlathau requested a transfer to Ontario Shores, and this took place on March 3, 2016. He continued to present with psychotic symptoms, and his schizophrenia remained treatment resistant even though he remained compliant with his treatment and medication regimen.
[16]. In November 2019, Mr. Schlathau was discharged to the community to a Transitional Rehabilitation Housing Program (TRHP) operated under The Durham Mental Health Services. He continued to make progress towards rehabilitation and recovery including developing insight into his mental illness and maintaining abstinence from substances.
[17]. In July of 2022 he was transferred from that high support group home to a medium support home (Sims House).
[18]. Apart from a relapse to cocaine use in September 2021, he has continued to remain abstinent from substances.
[19]. Mr. Schlathau registered with Ontario Shores’ Vocational Services Program, however, due to his previous criminal record he had difficulty obtaining any work positions in the community. He has sought and continues to seek a pardon, in the hope of finding employment in the future.
Current Diagnosis
[20]. Mr. Schlathau’s current diagnoses are:
Schizophrenia
Stimulant Use Disorder, in early remission
Cannabis Use Disorder, in sustained remission
Opiod Use Disorder, in sustained remission
Evidence at the Hearing – Course Subsequent to Last Hearing (May 17, 2024 to May 30, 2025)
Ontario Shores Centre for mental Health Sciences (April 9, 2024 to October 8, 2024)
[21]. According to the information contained in the Hospital Report, Mr. Schlathau’s presentation during this timeframe was unremarkable. He consistently described his mood as “fine.” Staff did not document any overt signs of psychosis. Mr. Schlathau endorsed occasional auditory hallucinations, stating they were not distressing.
[22]. Mr. Schlathau had been medication compliant, and he did not have concerns about his medication regimen.
[23]. Mr. Schlathau did express some concerns about his memory, although it was not clear if any follow-up investigations were completed.
[24]. Mr. Schlathau visited his father on occasion during this period, without incident.
[25]. Staff did not document any safety concerns, nor any concerns about substance use. However, significant substance use subsequently came to light as noted below.
[26]. Staff documented that stable long-term housing was a critical risk management issue in Mr. Schlathau’s case.
Course in PCH (October 8, 2024 to February 5, 2025)
[27]. Mr. Schlathau was transferred to PCH on October 8, 2024.
[28]. Mr. Schlathau spent his initial months as an inpatient while the treatment team looked for suitable housing for Mr. Schlathau in the Kingston, Ontario area.
[29]. Mr. Schlathau was reported as cooperative and appropriate, with his thought process consistently described as coherent. Staff did not document the presence of delusional thought content. For the most part, no perceptual disturbances were noted. On occasion, Mr. Schlathau endorsed auditory hallucinations; however, he did not detail the specific content.
[30]. Overall, Mr. Schlathau’s admission at PCH was largely unremarkable, with the exception of the incident described next.
[31]. On October 13, 2024, during an inspection of Mr. Schlathau’s personal effects, staff found (and Mr. Schlathau admitted being in possession of) crack cocaine paraphernalia, including two pipes, a jar of ashes, some screws, and metal screens concealed in a pair of his socks.
[32]. Mr. Schlathau agreed to urinalysis testing, with the results being that it was positive for cocaine. Mr. Schlathau initially expressed surprise with the results, claiming he had not used this substance since September 2024, but he later acknowledged his use of stimulants on a monthly basis for an undisclosed amount of time, with crack-cocaine identified as his drug of choice.
[33]. Thereafter, Mr. Schlathau participated in 5 of 8 sessions of an Understanding Addictions Group, with no explanation for his absence during the 3 other sessions. However, Mr. Schlathau continued to voice that he did not see substances as a problem for him and enjoyed using substances because they were “fun.”
[34]. Mr. Schlathau also participated in an independent living assessment with occupational therapy. No concerns were noted with Mr. Schlathau’s ability to live independently, save and except the need to use visual cues to remember to turn off appliances.
[35]. Mr. Schlathau utilized his hospital and community privileges on a regular basis, without concern. He enjoyed visits to his father’s home over Christmas 2024, without any issues or incidents. He followed all unit rules and staff of the unit noted no concerns, with the exception of the above-noted incident.
[36]. With respect to insight, the Hospital Report notes that documentation reflected that Mr. Schlathau could identify his diagnosis of schizophrenia, including some of its symptoms such as hearing spirits and olfactory hallucinations. Mr. Schlathau endorsed hearing voices but noted they did not make him feel unsafe, nor did they give him any instructions to do things.
[37]. The Hospital Report also notes that a review of chart notes suggested that Mr. Schlathau demonstrated fairly good insight into his need for medication. Mr. Schlathau reported to his attending psychiatrist that his antipsychotic medication, namely, clozapine, had reduced his symptoms, but had not put them in full remission.
PCH Outpatient Forensic Program (February 5, 2025 to May 30, 2025)
[38]. Mr. Schlathau began a gradual discharge into the community beginning in January 2025. On February 5, 2025, Mr. Schlathau was discharged from hospital after several successful leaves of absence. Mr. Schlathau secured a bed at the Kingston Transitional Housing Residence Program (“TRHP”), with him having his own rental unit within a building that has staff support on site 24 hours a day, seven days a week, and Mr. Schlathau living relatively independently.
[39]. Since discharge, Mr. Schlathau has attended all scheduled appointments in the community. Mr. Schlathau enjoys his new living environment and staff note that he is participating well in TRHP programming, including attending a SMART Recovery group for substance use, facilitated by the outpatient Forensic Program.
[40]. Mr. Schlathau continues to report auditory experiences, stating that he hears voices in the background and can tune them out, but he is not willing to share any further details with staff.
[41]. There had been a few challenges in manging Mr. Schlathau’s clozapine treatment, although he has remained successfully adherent to it.
[42]. The Hospital Report notes that, while Mr. Schlathau’s current treating psychiatrist from PCH, Dr. Andrew Bickle, noted that Mr. Schlathau attended appointments and was friendly with a good rapport, Mr. Schlathau was also consistently guarded on the important subject of reporting any ongoing psychotic symptoms. Specifically, Mr. Schlathau would disclose in broad terms experiencing perceptual disturbances consistent with hallucinations (in auditory, olfactory, and tactile modalities) which were occurring frequently, often on a daily basis. However, Mr. Schlathau declined to disclose their content in detail, with him advising that it was not the psychiatrist’s business to know. It was Dr. Bickle’s professional opinion that, as noted in the Hospital Report, better engagement about the content of psychotic symptoms was an important treatment target for Mr. Schlathau, not least because it would engender greater confidence in collaborating with Mr. Schlathau in risk management.
[43]. As for Mr. Schlathau’s overall risk estimate, the Hospital Report notes at page 66 that:
“Structured risk measures indicate that Mr. Schlathau is at a “Moderate Risk for engaging in future violence and a Moderate Risk for general recidivism (i.e., any new criminal offence, including but not limited to violence). Based on risk estimates, he continues to require the specialized case management and monitoring offered through a forensic mental health program and the supervision of an ORB disposition. Mr. Schlathau’s risk is not manageable in the context of an absolute discharge.”
[44]. The Hospital Report concludes by noting Dr. Bickle’s professional opinion that Mr. Schlathau remains a significant risk to the safety of the public and the recommended ORB Disposition. At page 67, the findings are summarized as follows:
“Mr. Schlathau is a man in early middle age who suffered from significant mental health problems in adolescence before being diagnosed with schizophrenia at the age of 21 years. His illness has been complicated by polysubstance misuse, including crack cocaine. In at least some of his history of violence, there has been a strong nexus between his psychotic symptoms and completed as well as threatened acts of violence. In the first few years after he was found not criminally responsible, there were numerous incidents of violence and sexually inappropriate behaviour whilst detained at a maximum security hospital. A significant decrease in risk behaviours as well as a partial remission of positive psychotic symptoms date from about 2012 when clozapine medication was introduced and he has remained on this medication ever since. However, he chronically experiences hallucinations and delusions about which he is guarded. He also suffers from negative symptoms of schizophrenia and his case could truly be described as treatment-resistant.
In this last reporting period, Mr. Schlathau has successfully completed his return to living in Kingston, as was his wish. This resulted in him being admitted to the Forensic Program at Providence Care Hospital on a voluntary basis whilst community accommodation was sought. This admission was largely uneventful, although it was discovered that Mr. Schlathau had been continuing to use crack cocaine, which in my opinion remains an important risk factor for him relapsing with an acute episode of schizophrenia with concomitant increase in his risk to others from physical violence and sexual behaviour. As indicated in his updated risk assessment, Mr. Schlathau presents with a number of static risk factors for violence and also some important dynamic risk factors for violence in the scenario of an absolute discharge. Although I would like to acknowledge the progress Mr. Schlathau has made in settling in to TRHP accommodation in Kingston, I share the opinion that the level of his risk to others is not compatible with an absolute discharge and that he remains a significant risk to the public. There remains a risk of serious physical and psychological harm occurring to individuals in the community from conduct that is criminal in nature. I believe that his current disposition of a conditional discharge remains the least restrictive and least onerous disposition.” [Emphasis added]
[45]. The treatment team and the hospital are of the unanimous opinion in recommending no changes to Mr. Schlathau’s current ORB Disposition.
[46]. To supplement the evidence presented at the hearing that was contained in the Hospital Report, Dr. Bickle provided oral testimony at the hearing.
[47]. Dr. Bickle testified that he has been Mr. Schlathau’s treating psychiatrist since mid- November 2024, following Mr. Schlathau’s transfer to PCH from Ontario Shores one month earlier.
[48]. Dr. Bickle advised that he was author of the Hospital Report and adopted its contents.
[49]. Dr. Bickle confirmed that Mr. Schlathau continues to represent a significant threat to the safety of the public and the necessary and appropriate Disposition is his continued Conditional Discharge Disposition.
[50]. Dr. Bickle provided his opinion concerning the factors contributing to Mr. Schlathau’s risk, including Mr. Schlathau being diagnosed with schizophrenia since age 21 years, as well as his history of substance use serving as an aggravating factor for relapse of his psychosis. Without Mr. Schlathau’s current supports and prescribed medication regimen, he continues to represent a risk of serious physical and psychological harm to members of the community from conduct that is criminal in nature.
[51]. Dr. Bickle indicated that Mr. Schlathau spent some time at Waypoint before being sent to Ontario Shores, then presently connected with PCH.
[52]. Mr. Schlathau has been making significant clinical progress since being prescribed clozapine. However, he continues to present with positive psychotic symptoms which Mr. Schlathau continues to remain guarded about. There was also a serious incident involving Mr. Schlathau consuming crack cocaine last year resulting in a significant relapse, but Dr. Bickle reported that there has been no evidence of further consumption since that time. Dr. Bickle was content to recommend that Mr. Schlathau remain on a Conditional Discharge Disposition so long as he remains on clozapine, with Mr. Schlathau being responsible for his medication compliance. Mr. Schlathau’s medication responsibilities commenced approximately seven weeks ago and progressed to Mr. Schlathau being prescribed clozapine approximately three weeks ago. Dr. Bickle added that Mr. Schlathau’s dosage of medication had been reduced to make it safer for Mr. Schlathau, with Mr. Schlathau also reporting that he feels more mentally alert with the reduction. However, Dr. Bickle testified that Mr. Schlathau must still be monitored closely to determine the full impact of the medication reduction. In fact, according to Dr. Bickle, it may take a number of months, if not to the end of the current year, to determine the effects of the reduction.
[53]. Dr. Bickle testified that following Mr. Schlathau’s relapse and return to hospital, he has now been transitioned back to the Kingston Transitional Rehabilitation Housing Program (“TRHP”) facility. Dr. Bickle added that Mr. Schlathau is tested for substance use every other month. Mr. Schlathau is also engaged in programs offered at THRP, including the SMART intervention program which serves as a follow-up program to similar treatment programming undertaken by Mr. Schlathau while he was an inpatient at PCH before his transition to TRHP.
[54]. Dr. Bickle anticipated that, in the coming year, the plan was to further transition Mr. Schlathau to other community housing provided Mr. Schlathau demonstrates successful management of his medication regimen, is abstinent from substance use, has mental stability with no relapse of psychotic symptoms, and he shows a better understanding of his psychotic symptoms (with Mr. Schlathau being more inclined to reveal to the treatment team the symptoms he continues to experience).
[55]. In response to questions posed by Ms. Ferguson, Crown counsel, Dr. Bickle concurred that there was a typographical error in the Hospital Report, specifically, at page 59, in respect of the heading “Course in Providence Care Hospital form October 8, 2025 to February 5, 2025….should read October 8, 2024.
[56]. As noted in the Hospital Report, at page 60, that Mr. Schlathau does not discuss his psychotic symptoms with staff in detail, stating that they are “his business”, Dr. Bickle testified that Mr. Schlathau continues to have only partial insight into his mental illness symptoms.
[57]. In response to questioning by Mr. Carter, Mr. Schlathau’s counsel, Dr. Bickle testified that Mr. Schlathau remains capable of consenting to his treatment decisions.
[58]. Dr. Bickle noted that Mr. Schlathau had to stay at PCH until an opening became available at TRHP and now has transitioned once again to TRHP. When asked what would happen to Mr. Schlathau’s housing arrangement should he no longer be subject to an ORB Disposition, Dr. Bickle noted that there would be difficulty in Mr. Schlathau securing subsidized housing otherwise. Dr. Bickle was not able to advise if Mr. Schlathau could remain at TRHP if not subject to an ORB Disposition.
[59]. No further evidence was called by the parties at the hearing.
Final Submission of the Parties
[60]. Counsel for all parties maintained their joint position as outlined at the commencement of the hearing, as noted previously in paragraph 5.
Analysis and Conclusion
[61]. Notwithstanding the joint submission of the parties, this Board has no difficulty finding on the oral evidence of Dr. Bickle and the contents of the Hospital that Mr. Schlathau continues to represent a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code.
[62]. As indicated in his updated risk assessment noted in the Hospital Report, Mr. Schlathau continues to present with several static risk factors for violence and also some important dynamic risk factors for violence, based on his significant mental health problems beginning in adolescence when diagnosed with schizophrenia at the age of 21 years. His illness has been complicated by polysubstance misuse, including crack cocaine. In at least some of his history of violence, there has been a strong nexus between his psychotic symptoms and actual and threatened acts of violence. A significant decrease in risk behaviours as well as a partial remission of positive psychotic symptoms date from about 2012 when clozapine medication was introduced, and he has remained on this medication ever since. However, he chronically experiences hallucinations and delusions about which he is guarded. He also suffers from negative symptoms of schizophrenia and his case could truly be described as treatment resistant.
[63]. Accordingly, this Board has directed that a Conditional Discharge Disposition shall be issued with the same conditions and privileges as stated in last year’s Disposition, with no changes.
[64]. The Board wishes Mr. Schlathau well on a continued positive trajectory having returned to community living at the TRHP facility with its SMART intervention programming.
[65]. In making this Disposition, the Board carefully considered the joint position of the parties, the evidence of Dr. Bickle, and the contents of the Hospital Report entered as an exhibit at the hearing and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of sections 672.54 and 672.5401 of the [Criminal ]Code and carefully considered the need to protect the public from dangerous persons (with the public’s safety being the Board’s paramount consideration), Mr. Schlathau’s mental condition and his reintegration into society and other needs.
DATED this 20th day of August 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Hanbidge Alternate Chair
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Office of the Registrar Ontario Review Board