Ontario Review Board
Re: Cloyce Gooden
ORB File No: 3083
Hearing held on: Friday, August 1, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. A. Park Dr. A. Kerry Mr. R. Bigelow Mr. J. Cyr
Parties Appearing: Accused: Cloyce Gooden Counsel: Ms. M. Addie
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated August 25, 2025)
[1]. On December 16, 1999, Cloyce Gooden was found not criminally responsible by reason of mental disorder on a charge of second-degree murder.
[2]. Mr. Gooden is currently subject to a Disposition of the Ontario Review Board dated August 8, 2024, by which he was ordered to be detained at the General Forensic Service at the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”).
[3]. On Friday, August 1, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the annual review of Mr. Gooden’s Disposition.
Position of the Parties:
[4]. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
[5]. Mr. Dow appeared for Ontario Shores. He advised of the hospital position that Mr. Gooden remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is the continuation of a Detention Order with the same terms and conditions, save and except that the hospital is now asking that condition 2(e) be amended to increase the duration of Mr. Gooden’s indirectly supervised community passes to up to eight hours within the Durham Region.
[6]. Ms. MacDonald appeared for the Crown. She supported the hospital’s recommendation.
[7]. Ms. Addie appeared for Mr. Gooden. Ms. Addie advised that this was a joint recommendation. Ms. Addie advised that she accepts that at the present time, her client remains a significant threat to public safety as that term is used in the jurisprudence.
Index Offence:
[8]. “The victim, a 21-year-old female, went shopping at Scarborough Town Centre and then boarded a bus to return home. At approximately 6:00 p.m., she got off the bus and proceeded to cross the intersection. At the same time, the accused was on the other side of the intersection running towards the victim with his hands outstretched in front of him with a knife in his right hand. The accused abruptly beat the victim down onto the ground at the same time, stabbing her in the chest. Eyewitnesses saw the accused flee down the street and others assisted the victim. Emergency services arrived and police obtained a description of the accused. Several citizens located the accused walking down a street several blocks away. They followed him for a short time until he walked into a field where he laid down. Police were alerted, arrested the accused, and took him to Centenary Hospital. The accused was charged with Second Degree Murder and taken to the police station.”
Evidence at Hearing:
[9]. The Board admitted into evidence a Hospital Report dated July 8, 2025. The Hospital Report provides a great deal of information concerning Mr. Gooden, his personal history, his mental health history, details of the index offence and Mr. Gooden’s course in hospital subsequent to the date of the index offence. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons. We do note, however, the stated diagnoses of:
Schizophrenia Intellectual Disability, Moderate
[10]. We also note that Mr. Gooden’s mother, Mrs. Joan Gooden, was in attendance at the hearing.
[11]. In addition to the documentary evidence, the Board heard from Dr. Alioglu. Dr. Alioglu is a Clinical Fellow working with Dr. Hartfeil, who was also in attendance. Dr. Alioglu accepts the contents of the Hospital Report. Dr. Alioglu noted that Mr. Gooden has enjoyed “an uneventful year”. There have been no acts of violence and no acts of aggression. Dr. Alioglu put it that Mr. Gooden has been stable throughout this year. The clinical team would like to have Mr. Gooden spend more time in the community. The clinical team all support a proposed amendment that would increase his ability to go into the community.
[12]. The doctor noted that Mr. Gooden remains on a waiting list for housing with Developmental Services Ontario (DSO). The doctor and clinical team are well aware that traditionally, it takes multiple years before somebody is able to move into a DSO property in the community. As a result, the hospital has brought an application to Complex Care Housing. The doctor noted that there is one issue that has to be solved before they would be successful in obtaining a placement for Mr. Gooden at the Complex Care Housing program. Apparently, Complex Care is reluctant to accept anyone who is on the DSO waiting list.
[13]. In response to questions from Ms. Addie, the doctor advised that her patient goes indirectly supervised into the community for 30 minutes and generally does so three times per day. There have been no problems with any of those passes.
[14]. The doctor advised Ms. Addie of her opinion that Mr. Gooden is being optimally treated. The doctor also acknowledged that Mr. Gooden is cooperating “to the best of his ability”.
[15]. In response to a question from a panel member, we were told that Mr. Gooden has engaged with a psychologist at this hospital. We were also told that Mr. Gooden likes going out from the hospital.
[16]. In response to a question from another panel member, the doctor acknowledged that, to date, Mr. Gooden has not received any form of Passport funding from DSO. The doctor believes that Passport funding had been received at a time when Mrs. Joan Gooden was receiving that money and using that money to assist her son. Mrs. Gooden is an approved person. The doctor agreed to expedite and take the appropriate steps so that the Passport funding will again become available with a view of having a Passport worker take Mr. Gooden out of hospital.
[17]. In response to questions from another panel member, the Board was told that Complex Care Housing is transitional housing, and that Complex Care Housing normally does not take any person who is on the DSO waiting list for housing. Complex Care understands how long it can take before such a person will actually move into DSO housing. The hospital will see if the Complex Care program would somehow accept Mr. Gooden into one of their properties.
[18]. At some point, Mrs. Gooden requested to ask a question of the Board. She resides in Jamaica, and she wanted to know whether there is any way where her son can move to Jamaica and live with her there.
[19]. No other evidence was heard at this hearing.
Findings of the Board:
[20]. The Board noted the parties’ joint recommendation. In the Board’s opinion, the parties’ joint recommendation is well founded. We accept without reservation the evidence that Mr. Gooden remains a significant threat to public safety. We accept without reservation that a Detention Order is both necessary and appropriate.
[21]. The Board shares Mrs. Gooden’s frustration with the long delay before her son firstly will get Passport funding and secondly, will be able to move into a DSO building.
[22]. This panel directs that a Pre-hearing Conference be set up within the next few months. There are three matters that should be dealt with at the Pre-hearing Conference. The first matter is to ensure that Passport funding is in place and is being utilized. The more important matter to be canvassed is what, if anything, the parties and/or the Board can do to assist with the housing issue either at DSO or at Complex Care Housing. The final matter that should be canvassed is whether there are any steps that the Board can do to have Mr. Gooden transferred to an appropriate facility in Jamaica. We are hopeful that the Pre-hearing Conference can assist and have appropriate information available for the panel hearing this matter next year.
[23]. In the result, we will issue a Disposition as requested by the parties.
[24]. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Gooden’s mental condition and his other needs, and Mr. Gooden’s reintegration into society.
DATED this 25th day of August 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board