Re: David Walker
ORB File No: 8364
Hearing held on: July 23, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. T. Mann
Members: Dr. A. Park Dr. G. Kerry Mr. D. D’Intino Ms. C. Plyley
Parties Appearing:
Accused: David Walker Counsel: Ms. S. Feldman
The person in charge of hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated September 8, 2025)
Introduction
On June 22, 2023, David Walker was found not criminally responsible (“NCR”) on charges of attempt murder, assault peace officer (police), and utter threat to cause death, all contrary to the Criminal Code of Canada (“Criminal Code”).
He is currently subject to a Detention Order from the Disposition of July 30, 2024, which sets out various terms and conditions, as well as privileges up to permission to reside in the community within the catchment area of St. Joseph’s Healthcare Hamilton (SJHH).
On July 23, 2025, a panel of the Ontario Review Board (ORB) convened in person and a hearing was held at St. Joseph’s Healthcare Hamilton. The purpose of the hearing was to determine if Mr. Walker represents a significant threat to the safety of the public as defined in the Criminal Code, and if so, the necessary and appropriate disposition.
For the reasons set out below, the Board unanimously finds that Mr. Walker continues to meet the threshold for significant threat to the safety of the public and that the necessary and appropriate Disposition is a continuation of the existing Detention Order with some changes to its terms and conditions which will be set out below.
Current Psychiatric Diagnoses:
- Schizoaffective Disorder
Preliminary Issues
Three victim impact statements (VIS) were tendered as Exhibits in this hearing. While the Hospital took no issue with their contents, Mr. O’Brien suggested to the Board that it exercise its discretion to disabuse itself of any content that the Board finds objectionable, as allowed by the Ontario Court of Appeal in Klem.1
Counsel for Mr. Walker and for the Attorney General jointly submitted that there were two lines toward the end of Dr. James Walker’s Victim Impact Statement (VIS) – where he provided his opinion as to the necessary and appropriate Disposition to the Board – which were not appropriate inclusions in the statement and that the Board should disabuse itself of those two lines.
The Panel agreed with the Parties and relying on Klem will disabuse itself of the identified inappropriate passages of Dr. James Walker’s statement.
Index Offences:
- The facts giving rise to the index offences are described in last year’s Reasons for Disposition as follows:
“David and Caroline WALKER are brother and sister who share a residence at 2396 Guildstone Crescent in the Town of Oakville. David has previous Mental Health occurrences on file with Halton Regional Police Service. David has been involved with outpatient mental health program, and according to family David WALKER schizo-affective and is supposed to be on psychiatric medication.
Charge 1: Attempt murder
On October 7th, 2022 at 0914hrs Police received a call in regards to an unknown problem in the area of 2396 Guildstone Crescent in the Town of Oakville. The complainant advised Police that there were two people fighting in the street, later identified as Accused David WALKER, kicking a woman, later identified as Victim Caroline WALKER, who was bleeding. The complainant further advised that Accused punched Victim in the head and her face was covered in blood.
Upon arrival police learned that Accused was having a mental health episode. Accused approached the victim and told her multiple times that he would have to kill her. Accused then started repeatedly punching her on face and head while in the residence at 2396 Guildstone Crescent, Oakville. Victim escaped the residence, however Accused followed her outside on the street and tackled her twice; punched her face and head continually for about 1.5 minute; when Victim managed to get away from the accused, he chased her and forcefully slammed her against the wall; and then choked till he became physically tired, and the Victim managed to escape. Victim was bleeding heavily as result of this and was transported to hospital for treatment.
Police arrived on scene shortly after and arrested the Accused. Accused was also apprehended under the Mental Health Act and transported to Oakville Trafalgar Memorial Hospital where he was placed on FORM 1. Accused was committed to the facility for mental health assessment. Accused was released unconditionally and will be charged with Attempt Murder when discharged from the hospital.
Police arrived at 2396 Guildstone Crescent at 0916hrs and attempted to stop the offence of assault from occurring. At 0917hrs David started to resist arrest and began assaulting Police by attempting to punch the officer on scene. Police used use of force tactics to subdue David in order to protect the victim and prevent the continuation of the offence. David continued to not comply with Police and use physical force, which resulted in the use of the CEW. At 0921hrs other officers arrived on scene and were able to successful control David, search him, handcuff him to the rear, and place in the back of a cruiser. During the altercation the David told Police "I am Jesus Christ" "I just stopped world war III" and "Kill my mom". Paramedics arrived on scene and treated Caroline.
Charge 2: Assault Peace officer
On October 7th, 2022 at 0914hrs Police received a call in regards to an unknown problem in the area of 2396 Guildstone Crescent in the Town of Oakville. The complainant advised Police that there were two people fighting in the street, later identified as Accused David WALKER, kicking a woman, later identified as Victim Caroline WALKER, who was bleeding. The complainant further advised that Accused punched Victim in the head her face was covered in blood.
Peace Officer Sgt TAYAL of Halton Regional Police Service arrived on scene shortly after at 9:16 AM. Upon his arrival Sgt TAYAL commanded Accused to get down on the ground and surrender. Accused failed to comply with the commands and resisted his lawful arrest by assault Sgt TAYAL by rushing towards him; and swinging his right arms towards him. Police were eventually able to Accused into custody by overcoming his resistance by using Conducted Energy Weapon and taser.
At 0930hrs Police apprehended the male under section 17 the mental health act and placed him under arrest for Assault and Assault Peace Officer. RTC and Caution was read but the male appeared to be in a state of psychosis and unable to comprehend reality. Multiple witnesses were on scene and aided Police in gathering information from what occurred, all was consistent with the original call from the complainant. Police spoke to Caroline who advised that David told her was Jesus Christ and "I have to kill you" prior to beginning his assault on her.
Police arrived on scene shortly after and arrested the Accused. Accused was also apprehended under the Mental Health Act and transported to Oakville Trafalgar Memorial Hospital where he was placed on FORM 1. Accused was committed to the facility for mental health assessment. Accused was released unconditionally and will be charged with Assault Peace Officer when discharged from the hospital.
Police transported David to OTMH and arrived at 0959hrs. David's CEW probe was removed from his sweater and placed in a sharp container, CEW cartridge and container to be lodged in property. Upon learning more details of the incident from the on scene officers and the victim, at 1018hrs Police arrested David for Aggravated Assault and Assault Peace Officer, RTC read at 1018hrs, caution read at 1020hrs. David was at this time able to understand everything Police were communicating to him as he appeared to have entered back into reality and out of his psychotic state. David did not wish to call a lawyer and was explained that he was apprehended under the mental health act and under arrest for these offences.
Charge 3: Utter Threat to Cause Death
On October 7th, 2022 at 0914hrs Police received a call in regards to an unknown problem in the area of 2396 Guildstone Crescent in the Town of Oakville. The complainant advised Police that there were two people fighting in the street, later identified as Accused David WALKER, kicking a woman, later identified as Victim Caroline WALKER, who was bleeding. The complainant further advised that Accused punched Victim in the head and her face was covered in blood.
Peace Officer Sgt TAYAL of Halton Regional Police Service arrived on scene shortly after at 9:16 AM. Upon his arrival Sgt TAYAL commanded Accused to get down on the ground and surrender. Accused failed to comply with the commands and resisted his lawful arrest by assault Sgt TAYAL by rushing towards him; and swinging his right arms towards him. Police were eventually able to Accused into custody by overcoming his resistance by using Conducted Energy Weapon and taser.
Police arrived on scene shortly after and arrested the Accused. While accused was under arrest, he made repeated comments in presence of police officers stating "I have to kill my mom", referring to the victim Fiona WALKER. Police learned that Fiona was fearful of her safety and is convinced that had she been present there, Accused would have tried to kill her.
Accused was also apprehended under the Mental Health Act and transported to Oakville Trafalgar Memorial Hospital where he was placed on FORM 1. Accused was committed to the facility for mental health assessment. Accused was released unconditionally and will be charged with Utter Threat to Cause Death when discharged from the hospital.”
Without Prejudice Position of the Parties:
At the commencement of the hearing, the parties were canvassed for their initial positions.
Counsel for the Hospital took the position that Mr. Walker continues to meet the threshold for significant threat to the safety of the public and that the necessary and appropriate Disposition was a continuation of the existing Detention Order with the following changes to the terms and conditions and privileges:
a) In terms A-J of the Disposition, references to Hamilton or the Catchment Area of SJHH should be broadened and replaced with “Southern Ontario”;
Counsel for the Attorney General supported the Detention Order but wanted to hear evidence on the broadening of the geographic restrictions before taking a position. She also wanted the inclusion of a condition that would prohibit Mr. Walker from attending within 500m of any place his family members are known to him to live, work, go to school, worship, frequent or otherwise be.
Counsel for the accused joined the other parties in their positions, including with respect to the Attorney General’s request for a broadening of the “remain away” term, and thus the Panel had a joint recommendation submitted for its consideration.
Evidence at the Hearing:
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. C. Lee, who is a forensic psychiatry sub-speciality resident working under the supervision of Dr. O. Kolawole. She has been involved in Mr. Walker’s care since mid-March of this year.
Dr. Lee testified that Mr. Walker had a stable year. He transitioned to the Orchard 3 unit at the beginning of June and has integrated well. He has remained compliant with his medications and had no breakthrough psychotic symptoms in the current reporting year.
Dr. Lee further stated that Mr. Walker had no positive urine drug screens (UDS) and has remained cooperative and engaged with the treatment team. As he is a cautious individual, it has taken some time for him to use his passes to enter the community and to that end, will be working with an Occupational Therapist to help with bus training and learning transit routes in Hamilton.
Dr. Lee testified that Mr. Walker currently enjoys eight hour passes indirectly supervised into the community, which he uses in four-hour chunks. Mr. Walker has recently purchased a gym membership at Mohawk College and goes there every day. He enjoys various sports, has engaged in vocational training and is engaged in adult high school courses to upgrade some credits. He excelled in his academics to date.
Mr. Walker has also completed Cognitive Behaviour Therapy for Psychosis (CBT-P) and was described as an active participant. This group has helped to improve his insight into his mental illness and his need for medication, and to continue that progress he has engaged in one-on-one psychotherapy on a weekly basis.
Mr. Walker has been working on symptoms of Post-Traumatic Stress Disorder caused by the index offences and the losses in his life that resulted from them. He is on a waiting list for the Healing and Forgiveness group, which is group therapy for people who suffer from difficulties that arose from the events which led to their entry into the forensic mental health system.
Dr. Lee testified Mr. Walker remains a significant threat to the safety of the public for several reasons. Firstly, Mr. Walker’s progress through the forensic system to date is a result of the structure and support of the forensic psychiatry program. Secondly, Mr. Walker has limited opportunities to work in the community and is not currently living in the community. Thirdly, Mr. Walker has a history of medication non-compliance and a lack of collaboration and forthrightness with past doctors and mental health staff.
As for the issue of the necessary and appropriate Disposition, Dr. Lee opined that the civil commitment provisions of the Mental Health Act would be insufficient to manage Mr. Walker’s risk in the community, because in the past they were insufficient and the team has not yet had the opportunity to assess whether he would return to the Hospital voluntarily. As such, a conditional Discharge Disposition would not protect the safety of the public.
Mr. Walker has been placed on a waitlist for community living and should he be able to navigate the financial barriers relating to that, the team believes he would be ready to transition to community living. While the Hospital wants him to reside within the catchment area of STHH, they are also supportive of him pursuing vocational or educational opportunities outside of the Hamilton area.
In response to questions from Counsel for the Attorney General, Dr. Lee confirmed that even if Mr. Walker was granted a Disposition that allowed him passes for up to seven days in the community of Southern Ontario indirectly supervised, that his transition to that maximum privilege would be incredibly slow and would also require him to submit an itinerary that is approved in advance.
Dr. Lee testified that Mr. Walker is looking into educational and vocational pursuits in Waterloo Region. She confirmed that he does not currently have any Approved Persons and that the team does not have any concerns about Mr. Walker concealing any psychotic symptoms.
In response to questions from Mr. Walker’s counsel, Dr. Lee confirmed that Mr. Walker has not presented any management concerns in the past year. His mental status continues to be stable and he continues to be actively engaged in his therapy.
At the conclusion of the hearing, the parties maintained their joint submission as to the necessary and appropriate Disposition, but counsel for the Attorney General did not support the inclusion of indirectly supervised passes to enter the community of Southern Ontario for up to seven days.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Walker continues to meet the threshold for significant threat to the safety of the public.
A significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether David Walker continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
Mr. Walker suffers from a psychotic disorder which is well treated by his current medication regime and the structure and supports of the forensic mental health system. However, as set out in the Hospital Report, Mr. Walker has a well-documented history of medication noncompliance and the ability to conceal his psychotic symptoms. In the context of the index offences, which were violent, these factors led to tragic consequences for everyone involved.
Since the index offences, Mr. Walker has not had the opportunity to reside in the community or exercise much independence. His trips into the community occur in four-hour blocks, and he returns to the Hospital for meals and medications. It is unclear how Mr. Walker will endure as he transitions to community living and is exposed to greater stressors while receiving less structure around him.
As noted in the Hospital Report, Mr. Walker’s 2023 risk assessment remains valid – that is, he poses a low risk of violent recidivism in the context of his existing Detention Order, which would elevate on a less restrictive form of release. Mr. Walker’s reoffence scenario remains one where he becomes medication noncompliant without the oversight of the forensic system, and that noncompliance leads to a reemergence of his paranoid delusions. In such a scenario, his family members and those in his close social orbit would be at the highest risk of victimization.
In consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Walker, his reintegration into society and his other needs, the Panel agrees with the joint submission presented and finds that a continuation of the Detention Order Disposition is the necessary and appropriate Disposition.
As it concerns the Hospital’s recommendation for passes of up to seven days to enter the community of Southern Ontario, indirectly supervised, the Panel agrees with counsel for the Attorney General that this upper limit privilege is not appropriate at this juncture.
The Panel finds that there has not been a compelling reason articulated to extend that privilege and furthermore, given Mr. Walker’s understandable cautiousness vis-à-vis his trips into the community, it is premature to extend his privileges this far.
The Panel further finds that the extension of privileges allowing Mr. Walker passes to enter the community of Southern Ontario for up to 48 hours, indirectly supervised and with an itinerary approved in advance by the person in charge, would allow him the flexibility to attend scholastic, vocational and rehabilitative programming outside of Hamilton as recommended by the Hospital without increasing the risk to the victims of the index offences or the public at large.
Lastly, the Panel accepts the joint submission of the parties with respect to the broadening of the geographic radius around Mr. Walker’s family members to 500 metres. The Panel heard evidence from counsel for the Attorney General that Mr. Walker’s family members were concerned about the possibility of seeing Mr. Walker in the community while he is exercising his community privileges and the impact that could have on their mental health. The VIS provided from the family members made clear the impact that the index offences have had on their mental health and reinforced their desire to have no contact or communication with Mr. Walker at this time.
The Panel accepts the submission of counsel for the Attorney General that the probability of Mr. Walker being seen or coming in proximity of his family members while out in the community increases as his privileges increase, and considering that none of the parties took issue with the broadening of this term, the Panel agrees to amend term 4(f) of the Disposition to read:
- Not to attend within 500 meters of the family home or any known place(s) of residence, employment, education, worship or recreation, or any other place(s) where he knows the persons named in paragraph 4(e) to be.
DATED this 8th day of September 2025, at the City of Toronto, in the Toronto Region.
Mr. D. D’Intino Legal Member
Office of the Registrar Ontario Review Board
Footnotes
- Klem (Re), 2016 ONCA 119