Ontario Review Board
Re: Dorian A. Douglas
ORB File No: 2498/2870
Hearing held on: Wednesday, August 13, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg Members: Dr. P.E. Cook Dr. A. Park Mr. P. Capelle Ms. B. Little
Parties Appearing:
Accused: Dorian A. Douglas Counsel: Mr. W. Jaksa
The person in charge of hospital: Representative: Dr. P. Darby (via Zoom)
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated September 19, 2025)
On June 5, 1997, Dorian Douglas was found not criminally responsible on account of mental disorder on charges of mischief over $5,000, assault causing bodily harm and weapons dangerous. As well, on December 14, 1998, Mr. Douglas was found not criminally responsible on account of mental disorder on charges of mischief over $5,000 and weapons dangerous.
Mr. Douglas is currently subject to a Disposition of the Ontario Review Board by which he was discharged subject to a number of conditions.
On Wednesday, August 13, 2025, the Ontario Review Board convened a hearing at CAMH and conducted the annual review of Mr. Douglas’ Disposition.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Dr. Darby appeared virtually for CAMH. He advised of the Hospital position that Mr. Douglas no longer remains a significant threat to public safety and that accordingly, the hospital supports Mr. Douglas receiving an Absolute Discharge. Dr. Darby noted that this patient is being detained at the Geriatric Unit at CAMH. Dr. Darby also explained that Dr. Kumar is Mr. Douglas’ most responsible physician on the Geriatric Unit.
Mr. Feindel appeared for the Attorney General. Mr. Feindel agreed that Mr. Douglas is entitled to receive an Absolute Discharge.
Mr. Jaksa appeared for Mr. Douglas. The Alternate Chair noted that Mr. Douglas was not in attendance. Mr. Jaksa stated that his client does not wish to attend this hearing. Mr. Jaksa noted that at least on one other occasion, Mr. Douglas preferred not to attend the hearing. Mr. Jaksa has communicated with his client but advised that much of the communication took place with the assistance of one of the nurses in the Geriatric Unit. Mr. Jaksa does not believe that Mr. Douglas would have any understanding of the evidence that would be heard at his hearing. Mr. Jaksa requested that the Board make an order permitting his client to be absent from this hearing. The Board did make that order pursuant to s. 672.5(10)(i).
Evidence at Hearing:
- The Board admitted into evidence the Hospital Report dated July 29, 2025. The Hospital Report provides a great deal of information concerning Mr. Douglas, his personal history, his mental health history, details of the index offences and Mr. Douglas’ course in hospital subsequent to the date of the index offences. 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
Alcohol Dependence, in remission
Neurocognitive Disorder
The Hospital Report also indicates that Mr. Douglas’ current residence is the Geriatric Inpatient Unit at CAMH.
In addition to the documentary evidence, the Board heard from Dr. Darby. Dr. Darby has met with Mr. Douglas on two or three occasions. Dr. Darby stated that he would be very surprised if Mr. Douglas provided any meaningful answer to any question. Ordinarily, Mr. Douglas would answer with just one, two, or three words and frequently, his answers would not relate to the question.
Dr. Darby believes that currently Mr. Douglas is well placed in the Geriatric Unit. The doctor understands that that team is looking for a long-term care facility. Dr. Darby understands that it may take some time to find an appropriate long-term care facility. Dr. Darby also noted that Mr. Douglas is not able to leave the unit. Dr. Darby noted that Mr. Douglas no longer is as aggressive as he has been in earlier years. Dr. Darby stated that Mr. Douglas has been well managed on the Geriatric Unit. Dr. Darby repeated his understanding that the plan is to find an appropriate long-term care facility that would be able to meet all of Mr. Douglas’ needs. Dr. Darby noted that three staff members are required to care for Mr. Douglas, particularly when they are assisting him with his personal hygiene. Finally, Dr. Darby noted that nothing will change concerning Mr. Douglas’ daily living if he is no longer under a Board Disposition.
In response to questions from Mr. Feindel, Dr. Darby repeated that Mr. Douglas is well managed on the Geriatric Unit. Dr. Darby repeated that the Geriatric Unit is a locked unit. Dr. Darby also noted that the Geriatric Unit is not designed for long-term care and for that reason, the team is looking for an appropriate long-term care facility.
No other evidence was heard at this hearing.
Final Submissions:
- All parties submitted that Mr. Douglas should receive an Absolute Discharge given the specific facts of his case. Mr. Douglas is currently on a Geriatric Unit that is meeting his needs with a long-range goal of finding an appropriate long-term care facility that will continue to meet his needs. Dr. Darby put it simply that there is no need for the Review Board to continue to have oversight over this patient.
Findings of the Board:
The Board accepts without reservation the evidence of Dr. Darby and the evidence contained in the Hospital Report. We accept that we can no longer find that Mr. Douglas remains a significant threat to public safety. We accept the doctor’s evidence in this regard. We note the evidence that he is being well managed and safely managed in the Geriatric Unit at CAMH and that any future move will be to a long-term care facility that provides a similar amount of care and supervision.
Accordingly, we grant Mr. Douglas an Absolute Discharge.
DATED this 19th day of September, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board