Ontario Review Board
Re: Daryl McClinton
ORB File No: 5430
Hearing held on: Wednesday, August 20, 2025
Place of Hearing: North Bay Regional Health Centre-North Bay Site
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Flanagan
Members: Dr. W. Komer Dr. M. Green Ms. C. Murray Ms. B. Naegele
Parties Appearing:
Accused: Daryl McClinton Counsel: Mr. W. G. Stickland
Person in charge of hospital: Counsel: Mr. T. Trenker
Attorney General of Ontario: Counsel: Ms. M. Mazurski
REASONS FOR DISPOSITION
(Dated September 9, 2025)
Introduction
On July 27, 2007, Daryl McClinton was found not criminally responsible on account of mental disorder (“NCR”) on two assault charges contrary to the Criminal Code.
Mr. McClinton is currently subject to a Disposition of the Ontario Review Board, dated September 10, 2024, which detains him at the Secure Forensic Unit of the North Bay Regional Health Centre (“NBRHC” or the “Hospital”) with privileges up to and including to live in the community within the Province of Ontario in accommodation approved by the person in charge.
On August 20, 2025, the Board convened at the North Bay Regional Health Centre – North Bay Site (“NBRHC” or the “Hospital”) to conduct Mr. McClinton’s annual review and make a disposition pursuant to s. 672.81(1) of the Criminal Code.
Mr. Stickland, counsel for Mr. McClinton, attended the hearing and advised that Mr. McClinton was too stressed to attend his hearing and that he had instructions to proceed in his absence. The Board made an order pursuant to s. 672.5(10)(a) of the Criminal Code, permitting the hearing to proceed in Mr. McClinton’s absence and appointed Mr. Stickland counsel for the hearing. A Hospital Report dated July 18, 2025, was filed as Exhibit 1 at the hearing.
The issue for the hearing is whether Mr. McClinton continues to pose a significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition in all the circumstances.
Initial Position of the Parties
At the outset of the hearing, the parties were canvassed as to their initial recommendations to the Board.
Mr. Trenker, on behalf of the Hospital, submitted that Mr. McClinton was a significant threat to the safety of the public, and recommended a continuation of the current disposition with an amendment to condition 2(e) to read “to enter the community within the catchment area of the North Bay Regional Health Centre, indirectly supervised”.
Ms. Mazurski, on behalf of the Attorney General of Ontario, supported the Hospital’s recommendation.
Mr. Stickland, on behalf of Mr. McClinton, conceded significant threat and joined in the recommendation.
All parties maintained their initial recommendation in closing submissions.
Index Offences
- A description of the index offences is taken from an Agreed Statement of Facts and contained in the Hospital Report as follows:
On December 27, 2006, at the 1100 block of Granville Street in Vancouver two young men, the complainants herein, Kevin Goodale and Steven Goodale were walking southbound on the sidewalk. At about 12:45 in the afternoon the complainants saw a man they did not know walking towards them. This man was the accused McClinton.
McClinton was enraged and swearing; he was screaming obscenities as he walked towards both complainants. He said, "Don't fuck with me" and "Fuck you; I'm going to fucking kill you". These statements did not appear to be directed to any specific person. As McClinton passed the Goodale brothers on the sidewalk he grabbed Kevin Goodale by the face and threw him to the ground. To protect his brother, Steven Goodale pushed McClinton, who responded by punching Steven Goodale in the face. Kevin Goodale saw McClinton holding a knife and heard him say: "Do you want a piece of this?”
McClinton then turned around and walked northbound on Granville Street. He was followed by an off-duty Police officer who pointed out McClinton to arresting officers about five minutes later at the corner of Burrard and Helmcken Streets. The arresting officers ordered McClinton to the ground while directing a Taser at him. McClinton complied with police directions and was handcuffed without use of the Taser. While handcuffed, McClinton was screaming about his desire to cut people's heads off, his dislike of gangs and made some attempts to get up from the ground but was unable to as he was restrained with three sets of handcuffs.
The arresting police asked McClinton if he had any weapons on his person. McClinton replied and denied having any weapons. One folding knife was located by police on McClinton’s body, concealed within the crotch area of his pants. McClinton gave the police his name and was held in custody for transportation to the jail. The complainants suffered minor injuries, a swollen lip and slight bleeding from the nose.
Criminal Record
- Mr. McClinton has a dated criminal record from British Columbia including convictions for assault bodily harm, uttering threats, and possession of a weapon dangerous.
Personal Background/Psychiatric History
Mr. McClinton’s personal history and psychiatric background are detailed in the Hospital Report filed as an exhibit at the hearing and need not be repeated here.
Mr. McClinton is not capable of consenting to treatment. His sister is his substitute decision-maker (SDM). At the time of the hearing, he resided on Owl Lodge, a forensic rehabilitation unit in hospital.
Current Diagnosis
- Mr. McClinton’s current diagnosis is schizophrenia.
Evidence at the Hearing
The Hospital’s evidence was presented through the oral testimony of Dr. G. Munro to supplement the evidence in the Hospital Report, filed as an exhibit at the hearing. Dr. Munro has been Mr. McClinton’s treating psychiatrist since February 2022.
Mr. McClinton’s schizophrenia is treatment resistant. His mental state remains fragile and tends to decompensate with mild stressors. He has continued to experience chronic refractory symptoms during the reporting year. Notably, over the last six months, his mental state has declined due to significant life events, including the death of his father and recent passing of his mother, who was Mr. McClinton’s primary support. The increased intensity of his symptoms, including derogatory and threatening auditory hallucinations, thought insertions, and some paranoia, has had a negative impact on Mr. McClinton’s mood and behaviour.
His insight into the nature of his illness and need for treatment fluctuated over the reporting year. In the early part of the year, it was quite good but remains limited since the decline in his mental state. He has engaged in individual Cognitive Behaviour Therapy for Psychosis (“CBT-P”) sessions with the hospital Occupational Therapist with a focus on developing awareness of his response to hallucinatory experiences in front of others and employing effective reduction strategies.
Mr. McClinton’s program participation remains limited. His chronic and persistent perceptual disturbances limit his tolerance for crowded common areas and large groups. His diagnosis of Weaver’s syndrome contributes to chronic musculoskeletal pain, which limits Mr. McClinton’s participation in many physical activities.
There were no significant management concerns and Mr. McClinton managed all privilege levels available to him. He has been compliant with his medication regimen, and all urine screening for substance use has been negative throughout the reporting year.
Mr. McClinton was considered for transfer to the forensic transitional unit in preparation for his eventual community reintegration. However, as he became increasingly symptomatic in the late spring, this transition was placed on hold. Further, given his decompensating mental status over the past few months, community placement is not considered imminent.
Should Mr. McClinton be discharged into the community, he will require a structured, supervised, and supportive living environment. However, given his decompensating mental status over the past few months, community placement is not considered imminent.
Notwithstanding, Mr. McClinton is high on the hospital waiting list for community accommodation, once his mental status improves. In this regard, Dr. Munro advised that Mr. McClinton requires a structured, supervised, and supportive living environment.
Dr. Munro advised that there are two community options. The Dual Diagnosis Transitional Rehabilitative Housing Program (“DDTRHP”) is a 24/7 supported housing option operated by Community Living, offering comprehensive assistance to individuals with intellectual disabilities. This facility maintains a waitlist which Mr. McClinton is on. The second possibility is Percy’s Place, a local CMHA housing that provides intensive 24/7 support and supervision. This facility operates on an advertised vacancy basis requiring an approved application.
Dr. Munro advised that the Hospital is seeking to expand Mr. McClinton’s indirectly supervised privilege to include the catchment area of the North Bay Regional Health Centre. This allows Mr. McClinton more opportunities to participate in approved and/or organized activities that may occur outside the municipal boundaries of the city of North Bay. Such activities include berry picking trips to Sturgeon Falls, fishing in Callander Bay, or winter recreational activities in Mattawa. It would be likely that should Mr. McClinton choose to attend such outings, it would be with staff (i.e. staff provide transportation and would be in attendance with other patients), however such an amendment would not require that he be directly accompanied/supervised by staff thereby increasing the frequency with which he could access such activities.
Mr. McClinton continues to receive support from family. He has two sisters, one in Ontario. He has maintained contact with each. His sister in Ontario has taken over the role of SDM since the passing of his mother. Mr. McClinton has wholeheartedly accepted this change.
Dr. Munro advised that Mr. McClinton remains a significant threat to the safety of the public. In this regard, the doctor adopted the risk assessment outlined in the Hospital Report which states at page 99 in part:
“Absent reliable adherence to psychopharmacological treatment, it is highly likely Mr. McClinton would experience further exacerbation of psychotic symptoms. When unwell, Mr. McClinton has a history of violent and unprovoked acts of aggression. Given the nature of the refractory symptoms, he continues to experience, a further decompensation of his mental status would likely to result in Mr. McClinton’s engagement in violent and aggressive behaviour, similar to that at the time of the index offence.
Mr. McClinton will require extensive support and a level of supervision that can only be afforded under the auspices of a Detention Order by the Ontario Review Board.”
- No further evidence was called at the hearing.
Conclusion and Disposition
Having considered all the evidence presented at the hearing, the Board agrees with the joint submission of the parties and finds that Mr. McClinton continues to represent a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code.
Mr. McClinton suffers from a chronic and persistent mental disorder. His illness is very brittle and largely resistant to treatment. He has a history of non-compliance with treatment, both in hospital and in the community. His index offences were unprovoked and involved a knife as a weapon.
Mr. McClinton continues to experience psychotic symptoms of his illness, and his mental state remains fragile. Unfortunately, during the latter part of the reporting year, his psychotic symptoms have intensified since the passing of his father and recently, his mother, his SDM and primary care giver. This has had a negative impact on Mr. McClinton’s mood and behaviour. Without the intensive support and supervision of mental health professionals, it is likely Mr. McClinton would become non-compliant with medication.
Considering the serious nature of Mr. McClinton’s index offence, his ongoing refractory psychotic symptoms, and the enumerated risk factors set out in the Hospital Report, Mr. McClinton remains a significant risk to the safety of the public. Considering the serious nature of Mr. McClinton’s index offence, his ongoing refractory psychotic symptoms, and specific risk factors set out in the Hospital Report, Mr. McClinton remains a significant risk to the safety of the public.
Given Mr. McClinton’s decompensating mental status over the past few months, community placement is not considered imminent. However, should his mental state improve, he will be a candidate for community discharge. In this regard, he will require a structured, supervised, and supportive living environment.
There have been no untoward incidents with Mr. McClinton exercising his existing indirectly supervised privileges within the City of North Bay. The Hospital is proposing an expansion of Mr. McClinton’s indirectly supervised privileges to the “catchment area of the NBMHC”. This Board agrees with such a proposal. Given the limited number of available staff to patient ratio, this would give Mr. McClinton more opportunities to enjoy certain outdoor activities outside the city limits, such berry picking in Sturgeon Falls or winter recreational activities in Mattawa. It would be likely that should Mr. McClinton choose to attend such outings, it would be with staff (i.e. staff provide transportation and would be in attendance with other patients), however such an amendment would not require that he be directly accompanied/supervised by staff thereby increasing the frequency with which he could access such activities.
To his credit, Mr. McClinton has not been a management concern for his treatment team. Notwithstanding his limited insight, he remains compliant with his medication regimen, and by all accounts, continues to remain abstinent from substance use. Most notably, he has developed coping strategies to manage refractory symptoms that appear to be generally effective for him. Finally, Mr. McClinton enjoys good family support and is in regular contact with his two sisters, one who is his newly appointed SDM.
The Board wishes Mr. McClinton well as he works towards a community placement in the coming year.
In reaching our decision, this Board has considered the need to protect the public from dangerous persons, Mr. McClinton’s mental condition, his reintegration into society, and his other needs.
DATED this 9th day of September 2025, at the City of Toronto, in the Toronto Region.
Mr. C. Flanagan Alternate Chairperson
Office of the Registrar Ontario Review Board