Re David Girouard, 2025 CanLII 94976

Re: David Girouard

ORB File No: 7692

Hearing held on: Tuesday, July 29, 2025

Place of hearing: North Bay Regional Health Centre – North Bay Site

Pursuant to: Section 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein

Members: Dr. P.L. Darby

Dr. G. Nexhipi

Ms. C. Murray

Mr. A. Mete

Parties Appearing:

Accused: David Girouard

Counsel: Ms. M. Lord (via Zoom)

The person in charge of hospital: Counsel: Mr. P. Trenker

Attorney General of Ontario: Counsel: Ms. M. Mazurski

REASONS FOR DECISION

(Dated September 16, 2025)

Introduction

1. On February 7, 2020, David Girouard was found not criminally responsible on account of mental disorder, on charges of assault with a weapon and assaulting a peace officer, both contrary to the Criminal Code of Canada (the "Criminal Code").

2. Mr. Girouard is currently subject to a Disposition of the Ontario Review Board (the “Board”), dated June 6, 2025, detaining him at the Forensic Programs of the North Bay Regional Health Centre - North Bay Site ("NBRHC"). This disposition permitted him to live in the community of North Bay, in accommodation approved by the person in charge.

3. Pursuant to s. 672.56(2) of the Criminal Code, NBRHC notified the Board, by letter dated June 13, 2025, that Mr. Girouard’s liberty had been restricted: on June 5, 2025, Mr. Girouard was readmitted to NBRHC.

4. On July 29, 2025, a panel of the Board convened a hearing at NBRHC to review the restriction of Mr. Girouard’s liberty, pursuant to s. 672.81(2.1) of the Criminal Code.

5. Mr. Girouard appeared in person and was represented by his counsel, Ms. Melanie Lord, who appeared via video.

6. A Hospital Report, dated April 16th, 2025, "the Hospital Report", was entered as Exhibit 1.

7. An ROL Hospital Report ("ROL Report"), dated July 8, 2025, was entered as Exhibit 2.

8. The issues at this hearing are whether the hospital’s decision to restrict Mr. Girouard’s liberty on June 5, 2025, was warranted, necessary and appropriate at the time and whether it continues to be so.

9. For the reasons set out below, the Board finds that the initial restriction of liberty was warranted, necessary, and appropriate, as is the ongoing restriction of liberty. The Board found that these restrictions were necessary for public safety, and they represented the least onerous, and least restrictive, interventions available.

Positions of the Parties

10. At the outset of the hearing, the parties were canvassed as to their positions. Counsel for all parties agreed that the initial restriction of liberty was necessary and appropriate; it represented the least onerous, and least restrictive, measure at the time it was imposed, and it continues to be so.

Index Offences

11. The circumstances giving rise to the Index Offences are extracted from the most recent Reasons for Disposition, as follows:

“The facts of the index offences are set out in the April 16, 2025, hospital report, which was filed as Exhibit 1 at the hearing. Briefly stated, they are that on January 2, 2020, Mr. Girouard attended the YMCA at a location in Ottawa, seeking to rent a room. No space was available, and he was instructed to leave. He approached a woman sitting on a bench in the lobby and, while pointing a paring knife at her, told her she had to leave. When she told staff Mr. Girouard had a knife, he tried to stab her on her right side under her breast. As staff attempted to remove Mr. Girouard from the building he tried to stab a staff member and caused cuts to the staff member’s finger and knuckle on his right hand and a cut to his left thumb.

He was located outside the YMCA building by police but refused to drop the knife he held. He started walking toward a police officer while holding the knife and was tasered; however, he continued walking, as the application of the electronic weapon failed due to the winter clothing he was wearing. While walking toward the police officer he yelled at police to shoot him in the head.

A second application of an electrical weapon failed, and OC (pepper) spray was deployed at his eyes. He then turned and lunged at one of the police officers while holding the knife and appeared to be attempting to stab the officer. The officer had to jump over a snowbank to distance himself from the accused. Mr. Girouard tried to jump over the same snowbank but fell. He stood and tried to run again but fell and threw the knife into a recycle bin. He then laid on his stomach with his arms under his chest and refused to give his arms to police to be handcuffed. A struggle ensued and he was handcuffed and arrested.”

Reasons for Restriction of Liberty

12. The ROL Report sets out in detail the reasons for Mr. Girouard’s restriction of liberty. The following extracted paragraphs are relevant to this hearing:

“On June 4, 2025, K. Collins, a Forensic Outreach clinician, was contacted regarding Mr. Girouard, who acknowledged smoking cannabis.

Following a treatment team discussion on June 4, 2025, P. Green, Forensic Outreach clinician and psychotherapist, noted the following:

‘Mr. Girouard used cannabis while on the Maplewood TRHP property, which has not been the first time. This incident highlights the ongoing challenges he faces in maintaining abstinence and underscores the need for a more structured and therapeutic environment.

Mr. Girouard's current housing placement has not adequately met his therapeutic or safety needs. He has experienced multiple breaches of his disposition in the absence of consistent therapeutic interventions, which has affected both his progress and the overall treatment environment. These challenges may also have influenced co-patients' perceptions of program expectations and boundaries.

Given these factors. it is recommended that Mr. Girouard remain in hospital care until a stable, permanent, 24/7 supportive housing solution can be arranged. During this time, placement on a lodge with restricted and supervised access to computers and telephones is advised to minimize exposure to gambling triggers and support his recovery process. This approach will provide a more structured and supportive environment, reinforce healthy boundaries, and promote the development of adaptive coping strategies, in line with best practices for substance use and problem gambling treatment.’”

Course in Hospital

13. Mr. Girouard’s course in hospital is set out in detail in the ROL Report. The following extracted paragraphs are relevant to this hearing:

“The treatment team believes it is unlikely that Mr. Girouard will be discharged back to Maplewood House. Mr. Girouard's compulsive spending and gambling tendencies led to his inability to pay rent and house fees, which negatively impacted the environment at Maplewood. Given that this was his second attempt at Maplewood, the team concludes that the level of supervision and monitoring Mr. Girouard requires exceeds what Maplewood House (TRHP) can provide. The treatment team discussed the possibility of revisiting the option for Mr. Girouard to transition to the 501 Morris Street group home, operated by the Canadian Mental Health Association (CMHA). This facility, located in North Bay, provides 24/7 supervision.

On June 24, 2025, the hospital finance department was notified that Mr. Girouard no longer resides at Maplewood House (TRHP). He expressed his intention to pay the rent arrears of $1,244.00 in installments.

Although Mr. Girouard has expressed a desire for readmission for some time, due to financial reasons, this decision is based on a comprehensive assessment of his current risk factors and therapeutic needs. The planned hospital stay will offer him the stability and intensive support necessary to address these challenges and facilitate progress toward his recovery goals."

Evidence at the Hearing

14. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Gagnon.

15. Dr. Gagnon is Mr. Girouard’s treating psychiatrist and co-authored the ROL Report. He testified as follows:

a) Mr. Girouard’s compulsive gambling and spending could not be adequately monitored while at Maplewood.

b) Mr. Girouard was also using cannabis while at Maplewood.

c) In order to stop these risky behaviours, the treatment team had no choice but to readmit Mr. Girouard to the hospital.

d) While Mr. Girouard remains in hospital, the treatment team is better able to restrict his access to computers, which he uses to gamble, and to remove his temptation to continue gambling.

e) Mr. Girouard was accepted into a residential rehabilitation program, and the treatment team is waiting for a bed to become available.

f) The plan is to address Mr. Girouard’s addiction to both gambling and cannabis.

g) Mr. Girouard’s housing was a huge factor with respect to the Index Offences. Appropriate housing is a very important factor to protect the safety of the public.

h) Mr. Girouard is capable to manage his own finances.

16. In response to questions from counsel for Mr. Girouard, Dr. Gagnon testified:

a) Mr. Girouard was suffering from residual symptoms of hypomania while living in the community. Therefore, the treatment team has increased his Seroquel, from 400 to 600 milligrams.

b) The treatment team has noticed an improvement in his presentation since the increase in his dose. Mr. Girouard presents as more calm and much more poised.

c) When Mr. Girouard suffers with a manic episode, he tends to lose insight, and his judgement becomes impaired. This lack of judgement contributes to difficulty with money management.

d) The treatment team will be granting Mr. Girouard additional privileges and opportunities in the community, to assess his ability to make appropriate decisions when living there.

17. In response to questions from the panel, Dr. Gagnon testified:

a) It was necessary to admit Mr. Girouard for two main risk factors: his use of cannabis and his gambling.

b) Appropriate housing is an important risk management factor for Mr. Girouard.

c) It is necessary to keep Mr. Girouard in hospital until they can find the necessary and appropriate housing in the community.

18. No other evidence was called.

Analysis and Conclusions

19. The Board agreed that a restriction of liberty has taken place, pursuant to the decision of the Ontario Court of Appeal in R v MLC (2010 ONCA 843), as well as Regina v Campbell (2018 ONCA 141).

20. The Board agrees, as set out in the ROL Report, that Mr. Girouard’s former housing placement was not adequate to meet his therapeutic needs nor to protect the safety of the public.

21. The hospital had no choice but to readmit Mr. Girouard on June 5, 2025, as a result of both his gambling disorder and his addiction to cannabis.

22. Mr. Girouard will need to stay in hospital to address his hypomania and his addiction issues. The treatment team needs to find suitable accommodation in the community, to adequately supervise Mr. Girouard and to manage his addictions. Considering all the circumstances, the Board finds that the significant restriction of Mr. Girouard’s liberty was necessary and appropriate; it was the least onerous, and least restrictive, measure at the time it was imposed, and it continues to be so.

DATED this 16th day of September 2025, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein

Alternate Chairperson

__________________

Office of the Registrar

Ontario Review Board