Ontario Review Board
Re: Andrew W. Davidson
ORB File No: 8180
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(2.1) 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: Andrew W. Davidson Counsel: Ms. L.M. Landry
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DECISION
(Dated August 26, 2025)
Mr. Davidson is subject to a Disposition of the Ontario Review Board dated January 22, 2025, by which he was ordered to be detained at the Forensic Program at Ontario Shores Centre for Mental Health Sciences.
The Board understands that Mr. Davidson was being detained in the General Forensic Service. By letter dated March 31, 2025, Ms. Payne advised the Ontario Review Board as follows:
“On March 24, 2025, Mr. Davidson was transferred from the general Forensic Psychiatric Rehabilitation Unit (FPRU) to the secure FRU following decompensation related to medication noncompliance and cannabis use. Mr. Davidson was subsequently found incapable of consenting to psychiatric treatment on March 25, 2025. Mr. Davidson applied to the Consent and Capacity Board to review the finding of incapacity with respect to treatment. The matter is to be reviewed on April 1, 2025.”
- As a result of the said letter, the Ontario Review Board convened a hearing on Friday, August 1, 2025, and conducted a Restriction of Liberty hearing only. All parties were in agreement that this hearing would be limited to the Restriction of Liberty issue.
Evidence at Hearing:
The Board admitted into evidence copies of the previous Disposition and its Reasons, a copy of the Ontario Shores March 31, 2025 letter and the Hospital Report dated April 11, 2025, which provided details of the restriction.
In addition to the documentary evidence, the Board heard from Dr. Wong. Dr. Wong advised that he was Mr. Davidson’s most responsible physician when Mr. Davidson was being detained on a General Forensic Unit. In response to a question from the Alternate Chair, Dr. Wong acknowledged that Mr. Davidson currently remains a patient on a Secure Forensic Unit at Ontario Shores. Dr. Wong, however, reviewed much of Mr. Davidson’s file in preparation of this hearing.
Dr. Wong noted that there are at least 45 incident reports. These reports note inappropriate behaviour on the part of Mr. Davidson including being argumentative, making threats to staff, and shadowboxing on the unit. Mr. Davidson’s reaction to his conduct and the incident reports was to ask, “how many incidents do I have to have before I can be transferred to Waypoint?” Dr. Wong noted the second reason why a Detention Order on a Secure Forensic Unit is necessary is to prevent Mr. Davidson from absconding from the hospital. There are two reported cases: one in June and one in July, when Mr. Davidson ran away from staff. On the second occasion, he climbed a tree and threatened staff that he had a knife.
The third reason why a Secure Forensic Unit is necessary arises from a posting on the internet. Dr. Wong believes that Mr. Davidson made the post on the internet. It was either sent to police authorities or was forwarded to police authorities in which there was a threat made concerning potential use of a bomb. Dr. Wong also noted that Mr. Davidson posted threatening comments about Dr. Wong and another psychiatrist at Ontario Shores.
Dr. Wong noted that Mr. Davidson had been declared incapable of making treatment decisions. Mr. Davidson appealed to the Consent and Capacity Board. That Board dismissed Mr. Davidson’s Appeal and shortly thereafter the hospital began treating Mr. Davidson with long-acting injectable medication.
The doctor feels that there has been some improvement. The doctor noted, however, that much of the inappropriate conduct arises from Mr. Davidson’s personality.
In response to a question from Crown counsel, Dr. Wong acknowledged the possibility that the hospital might conclude that in fact a transfer to Waypoint would both be necessary and appropriate.
No other evidence was called for the hospital. The Crown did not call evidence. Mr. Davidson testified. Mr. Davidson advised that the sole purpose of his evidence is to clarify and correct the discussion about the bomb incident. Mr. Davidson stated that the post did not say anything about a bomb and Mr. Davidson denies that there was a threat in that posting.
In response to a question from hospital counsel, Mr. Davidson acknowledged that he did delete the post from the internet.
Final Submissions:
Mr. Dow and Ms. MacDonald both submit that the evidence is overwhelming that the decision to move Mr. Davidson to a Secure Forensic Unit was warranted and his ongoing stay in the Secure Forensic Unit does represent the least onerous and least restrictive decision available to the hospital.
Ms. Landry simply noted that she was following her client’s instructions and was not taking any position with respect to the Restriction of Liberty issue.
Findings of the Board:
- The Board accepts without reservation the evidence of Dr. Wong and the evidence contained in the Hospital Report. It is abundantly clear to this panel that the hospital had no other alternative than to transfer Mr. Davidson to a Secure Forensic Unit on March 25 of this year. It is also perfectly clear to this panel that Mr. Davidson’s ongoing stay in the Secure Forensic Unit does indeed represent the least onerous and least restrictive decision available to the hospital. We note that there was no request at this hearing, being a Restriction of Liberty hearing, to give any consideration to a transfer from Ontario Shores to any other forensic hospital in this province.
DATED this 26th 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