Ontario Review Board
Re: Brent Stapleton
ORB File No: 8495
Hearing held on: Thursday, August 14, 2025
Place of hearing: Centre for Addiction and Mental Health
1001 Queen Street West, Toronto
Pursuant to: Sections 672.48(1) and 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: Brent Stapleton
Counsel: Ms. M. Thompson
The person in charge of hospital: Counsel: Ms. S. Rosales-Zelaya
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated September 19, 2025)
On February 23, 2024, Brent Stapleton was found unfit to stand trial on charges of assault with a weapon (x2).
Mr. Stapleton is currently subject to a Disposition of the Ontario Review Board dated June 7, 2024, by which he was ordered to be detained at the Forensic Rehabilitation Unit D (“LGUD”) unit at the Centre for Addiction and Mental Health (“CAMH”), Toronto and with a number of prohibitions and privileges including the privilege of living in the community in approved accommodation.
On Thursday, August 14, 2025, the Ontario Review Board convened a hearing at CAMH and conducted the annual review of Mr. Stapleton’s Disposition.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Rosales-Zelaya appeared for CAMH. She advised of the hospital’s position that Mr. Stapleton is now fit to stand trial.
Ms. Culp appeared for the Attorney General. She wished to first hear the evidence but anticipated supporting the position taken by the hospital thereafter.
Ms. Thompson appeared for Mr. Stapleton. Ms. Thompson advised of her position that her client is fit to stand trial. We note for the record that Mr. Stapleton’s parents were in attendance at this hearing. The Board is also aware that Mr. Stapleton’s Disposition allows him to live in the community and that Mr. Stapleton has been living with his parents at the family home.
Outstanding Charges
- On February 10, 2023, Mr. Stapleton was bowling by himself at Planet Bowl in Etobicoke. It is alleged that he used both of his hands to throw a bowling ball in the direction of Victim #1, striking her on the head. The ball then bounced off her head and hit Victim #2. Neither woman had had any interactions with Mr. Stapleton and neither saw the ball coming towards them. It is alleged that, when questioned by the police why he threw the ball, Mr. Stapleton responded that he had “got bored”.
Preliminary Discussion
- The Alternate Chair asked counsel whether they were aware of a memo authored by the Honourable Mr. Justice Dambrot and distributed to members of the Review Board. Ms. Rosales-Zelaya was aware of that memo. The Alternate Chair discussed with counsel the conclusion of that memo that the Board does not have jurisdiction to make a Keep Fit Order when conducting an annual review.
Evidence at Hearing
- The Board admitted into evidence the Hospital Report dated July 31, 2025. The Hospital Report provides a great deal of information concerning Mr. Stapleton, his personal history, his mental health history, details of the outstanding charges and Mr. Stapleton’s course following the date of the court finding of unfitness. 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:
Autism Spectrum Disorder
Intellectual Disability (Moderate)
In addition to the documentary evidence, the Board heard from Dr. Ali. Dr. Ali last assessed Mr. Stapleton’s fitness on July 22, 2025, concluding that Mr. Stapleton is fit to stand trial. Dr. Ali confirmed that Mr. Stapleton has been receiving fitness coaching for a number of months. Dr. Ali is satisfied that Mr. Stapleton can meaningfully participate in his trial. Dr. Ali has been of the opinion that this patient has been fit for a number of months. Dr. Ali put it that she has “no qualms at all”.
Dr. Ali was asked whether Mr. Stapleton would benefit with any accommodations granted by the trial court. Dr. Ali stated it would be beneficial that there be accommodations such as extra breaks during the hearing days.
No other evidence was heard at this hearing.
Findings of the Board
- At the conclusion of the evidence, the parties were again canvassed as to their positions. All parties accept that Mr. Stapleton is fit to stand trial. The Crown Attorney advised that given that Mr. Stapleton is living with his parents he should expect some communication from his lawyer as to the actual day in which Mr. Stapleton should appear in Court. The Board accepts the evidence of Dr. Ali and the evidence contained in the Hospital Report. We find that Mr. Stapleton is fit to stand. We direct that these charges be returned to Court.
DATED this 19th day of September, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg
Alternate Chairperson
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Office of the Registrar
Ontario Review Board