Re Ross A. Savauge, 2025 CanLII 94990

Re: Ross A. Savauge

ORB File No: 8504

Hearing held on: Monday, August 18, 2025

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein

Members: Dr. S. Simpson Dr. J. Cheston Ms. K. Tomaszewski Ms. D. Smith

Parties Appearing:

Accused: Ross A. Savauge Counsel: Mr. D. Northcott

The person in charge of hospital: Representative: Ms. T. Newman

Attorney General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated September 3, 2025)

Introduction

1. On February 14, 2024, Mr. Ross Savauge was found not criminally responsible on account of mental disorder, on charges of assault, assault with a weapon, utter threat to cause death or bodily harm, and mischief under $5,000, all contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. Savauge is subject to a Disposition of the Ontario Review Board (the “Board”), dated August 7, 2024, which orders that he be detained at the Southwest Centre for Forensic Mental Health Care – St. Joseph's Health Care London (“Southwest”). Pending his transfer to Southwest, residual authority remains with the Waypoint Centre for Mental Health Care (“Waypoint”), where he is to be detained at the Brébeuf Program for Regional Forensics.

3. On August 18, 2025, the Board convened a hearing at Waypoint to conduct the annual review of the current Disposition.

4. Mr. Savauge was present at the hearing and was represented by his counsel, Mr. D. Northcott.

5. A Hospital Report, dated July 9, 2025 (the "Hospital Report"), was entered as Exhibit 1.

6. The issue at this hearing is whether Mr. Savauge is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.

7. For the reasons set out below and based on the expert evidence and opinions before us, the Board concluded that Mr. Savauge continues to represent a significant threat to the safety of the public. The Board ordered that the necessary and appropriate Disposition in the circumstances is the continuation of the existing Detention Order, with the additional privilege of entering the community within 300 kilometers of Waypoint, accompanied by staff (“community privilege”).

Current Psychiatric Diagnoses

8. Schizoaffective Disorder

Cannabis Use Disorder, in remission in a controlled setting

Alcohol Use Disorder, in remission in a controlled setting

Index Offences

9. The circumstances giving rise to the Index Offences are extracted from last year’s Board Reasons, as follows:

“May 6, 2023: assault and uttering a threat to cause death

About a week before the offence date, Mr. Savauge entered a Value Village store in Stratford, was rude and racist to an employee, and was asked to leave, which he did. On May 6th, he again entered the store, searching for the same employee. Mr. JP told him that employee was not working and asked him to leave. Mr. Savauge then slapped Mr. JP with an open hand and left.

About an hour later, Mr. Savauge returned on a bicycle. He yelled at store staff from the parking lot, yelling toward Mr. JP that he was going to have him “put down” and killed, threw a small stick at him, and cycled away. Police located Mr. Savauge, who ignored their commands and rode away, but was soon stopped and arrested.

July 9, 2023: assault with a weapon

On this date, Mr. RH, who lived in a unit next door to Mr. Savauge’s unit in a three-story apartment building in Stratford, encountered Mr. Savauge at the rear entrance of the building. Mr. RH was taking some garbage to the bin nearby, and then returned to the entrance door, where Mr. Savauge said, “bad day?” to him, he replied, “let’s go,” and then Mr. Savauge hit him with a metal pipe he had in his hand.

Mr. RH stopped the strike with his forearm, pushed Mr. Savauge to the ground, and waited until he was calmer before leaving and reporting the incident to the superintendent. A CCTV camera captured an audio recording of the incident.

August 7, 2023: mischief under $5000 by wilfully starting a fire

On this date, Mr. W, who had known Mr. Savauge for seven years and was a resident of the same apartment building, pulled into the laneway of the building. Mr. W observed a fire about 5-6 inches tall, beside the main entrance but attached to his apartment, and observed Mr. Savauge beside the fire, bend down to fuel it, and stand up again. Mr. W advised the superintendent and her friend, who walked to the front of the building and observed the same thing. Mr. Savauge cursed at them and walked away.

Stratford Police and Fire Department were called, and both attended the scene. Burn marks about 6 inches tall on the brick wall and smoking debris were found at the scene, and a burned blackened stick and distinctive Bic lighter were found in the pockets of the clothes Mr. Savauge was wearing."

Prior Personal History and Criminal History

10. Mr. Savauge’s prior personal history and criminal history are outlined in the Hospital Report, and they are accurately summarized in last year’s Reasons:

“Mr. Savauge was born and raised in Ontario, the middle of three siblings. He has reported having had a harmonious relationship with his father and siblings, and a difficult relationship with his mother. In childhood he had some apparently traumatic experiences, with a reported history of physical abuse by both parents and of being admitted, from the ages of eight to eleven, to a facility where he experienced sexual abuse. At sixteen or seventeen years old, he apparently suffered a serious head or neck injury in a car accident, resulting in a traumatic brain injury (‘TBI’) and leading to what his family described as exacerbated psychiatric problems. He has said he was just short of completing grade 12 and had some college education. He had some brief and inconsistent employment. His father, who apparently left the family and had another family, died in around 1980, when Mr. Savauge was about twenty years old.

In 1979, Mr. Savauge married his high school girlfriend, and they had three children, including a daughter, Ashley (a child born when they were in high school had been adopted after birth). Mr. Savauge became physically abusive to his wife. In about 1985, she took the children and left him, which he reacted to violently and, as their daughter put it, his ex-wife and children were “on the run for most of our lives.” His daughter found him when she was about fourteen.

Mr. Savauge has a lengthy past history of substance use, starting in early adolescence, that has included regular and heavy alcohol and cannabis use, and use of methamphetamine, cocaine, and possibly other substances. He has a history of making his own alcohol and also selling it to others in his apartment building.

Mr. Savauge has a longstanding diagnosis of schizoaffective disorder, dating back to 1982 when he was in his early twenties. He has a history of violence, including physical abuse of his wife, and other antisocial behaviour, associated with his major mental illness and his substance use. There is also a reported family history of mental illness, with manic depression noted in his father and schizophrenia in a sibling and a child. He has a long history of psychiatric care and hospital admissions, and of falling away from treatment, including not adhering to medication and not complying with his community treatment order (‘CTO’).

At the time of the August 2023 index offence, Mr. Savauge was on the verge of eviction from his apartment with CMHA (which subsequently occurred, with his daughter having arranged a storage unit for his belongings). His apartment, which would once have been neat and tidy, was reportedly a chaos of hoarded items. He was unemployed, supported by CPP-d (for a work-related injury), with a top-up from ODSP. According to his daughter, he had a debt of possibly as much as $1,000 for drug purchases. He was facing the criminal charges for his index offences and was under a court release order with several conditions.

Mr. Savauge’s criminal record is set out in the Hospital Report. In brief summary, he has one criminal conviction, for assault in 2003, for which he was given a suspended sentence, fifteen months’ probation, and a ten-year weapons prohibition. He also had numerous criminal charges, withdrawn in 2017, 2021, and 2023, largely in contexts of mental health diversion. These charges included assaults, mischief under and over $5,000, obstructions of a peace officer, unauthorized possession of a weapon, and arson with disregard for human life.”

Course Since Last Disposition

11. Mr. Savauge’s course since his last Disposition is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

“Mr. Savauge remains on the Brebeuf Program for Regional Forensics (Brebeuf) under the care of Dr. A. Jones.

An email, dated July 9, 2025, from the Director at St. Joseph’s Health Care London, indicates that Mr. Savauge is first on their external waitlist and they anticipate a bed will be available within four months.

Mr. Savauge does not believe he has a mental illness. At times during this review, he would throw away his medications, pocket them, or refuse oral medications. Mr. Savauge’s mental state fluctuated in response to his adherence to medication. At the start of the review period, Mr. Savauge was capable of consenting to psychiatric medication and compliant with the same. His mental state was stable, he was appropriately social, engaged in therapeutic programs, and was using indirectly supervised privileges.

In December 2024, Mr. Savauge became irritable. When he was not permitted to go to the swimming pool on December 10, 2024, he said “you’re dead” to a staff member. He later acknowledged threatening the staff and apologized. He also threw a urine sample bottle over the care desk when he was instructed to take it to another area. Mr. Savauge claimed his irritability was due to arthritic pain. He began antagonizing his peers, calling them derogatory names; bumping into others with his walker; and being irritable with the staff.

By early February 2025, the staff reported Mr. Savauge’s irritability increased, he was making sexualized comments to the staff, and said he was going to fire his psychiatrist. Mr. Savauge was demanding, gesturing his middle finger at others, and arguing with his peers. Mr. Savauge acknowledged he was experiencing pain and that he may have to consider knee surgery. He did not feel a medication change was necessary, but was agreeable to a trial of oral zuclopenthixol. Within a week, Mr. Savauge was refusing this medication.

On March 7, 2025, Mr. Savauge became angry when a bottle of supplements he received from a visitor was taken by the staff for clearance from the pharmacist. Mr. Savauge demanded the bottle be given to him and told the staff, “I’m going to fucking kill you.” Mr. Savauge stood abruptly and approached the staff who left the area. A code white was called, and Mr. Savauge was escorted back to the program. He continued to yell at the staff and was placed in seclusion at 3:30 p.m. He refused as-needed medication.

At the virtual Consent and Capacity Board (CCB or Board) hearing on April 25, 2025, Mr. Savauge was angry, directing profanity at Dr. Jones and the staff. As the hearing proceeded, his anger increased, and he stated, “I’ve punched out better doctors than you” while Dr. Jones addressed the Board. He later apologized for his behaviour to the nursing staff. The Board upheld Dr. Jones’ finding of incapacity.

Mr. Savauge began treatment under the consent of his sister on May 7, 2025. When informed his treatment was commencing, Mr. Savauge yelled at the nurse, “Do you want your teeth knocked out?” and slammed the door. Mr. Savauge resisted, and several staff and hands-on interventions were required to administer Mr. Savauge’s first dose of Zuclopenthixol. As a result, Mr. Savauge was secluded from 9:48 a.m. until 2:30 p.m. He has cooperated with his future injections.

On May 21, 2025, Mr. Savauge was secluded for a third time after he angrily called a female co-patient a “slut” and “whore” and told her to “fuck off”.

Aside from periods of poor mental health due to medication non-compliance, Mr. Savauge typically socializes well with the staff and co-patients on Brebeuf. Mr. Savauge has engaged in many recreation and leisure activities.

It is noteworthy that there have been no incidents regarding substance use. Mr. Savauge had indirectly supervised hospital grounds access, and substances can be obtained on the grounds.

Despite his compliance with hospital rules and the conditions of his disposition on substance use, Mr. Savauge speaks fondly of substances and did not attend any of the addiction groups offered on the program. When meeting with Dr. Jones on December 2, 2024, Mr. Savauge said he plans to resume smoking cannabis and plans to apply for a “marijuana licence” for his chronic pain. Mr. Savauge completed the Reasoning and Rehabilitation series targeting recidivism. This program includes components specific to substance use. Despite this, Mr. Savauge continues to deny any issues with substance use.”

Position of the Parties

12. The representative for the hospital and counsels for the Attorney General and for Mr. Savauge advised that this was a joint submission: all were adopting the hospital’s recommendation of a continuation of the existing Detention Order Disposition, with the added privilege of entering the community, within 300 kilometers of Waypoint, accompanied by staff.

13. For the purposes of this hearing, counsel for Mr. Savauge advised that significant threat was not in dispute.

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. Jones. Dr. Jones co-authored the Hospital Report. She testified as follows:

a) She adopts the contents of the Hospital Report, including the recommendation for the community privilege.

b) The one update is that Mr. Savauge’s mother passed away last week.

c) She adopts the risk assessments, set out on pages 40 and 41 of the Hospital Report, as her basis for maintaining that Mr. Savauge remains a significant threat to the safety of the public.

d) Historically, Mr. Savauge had issues with adherence to his medication regimen. He is now treated under the substitute consent of his sister, and he is on a long-acting injectable (“LAI”) medication.

e) There has been no change into his insight that he suffers from a mental illness nor that he needs to adhere to his medication regimen.

f) Mr. Savauge has been able to abstain from illicit substances since last year; all his urine drug screens have come back negative. He does have access to hospital grounds, where he could obtain substances, but to his credit, he has not.

g) Mr. Savauge would like to move to Stratford, where his sister and brother-in-law, with whom he is close, reside.

15. In response to questions from counsel for the Attorney General, Dr. Jones testified:

a) Mr. Savauge still lacks insight into both the negative effects that cannabis would have on his major mental illness and the increased risk he would pose to community safety, should he use it. Cannabis use would result in a relapse of his psychotic symptoms.

b) The community privilege has been added to the hospital’s recommendation to facilitate a smooth transition to Southwest and to allow Mr. Sauvage to spend time with his sister and brother-in-law.

16. In response to questions from counsel for Mr. Savauge, Dr. Jones testified:

a) Mr. Savauge maintains regular contact with his sister and her husband, who live in the Stratford area.

b) When Mr. Savauge is adherent to his medication regimen, he gets along well with staff and other patients.

c) Mr. Savauge has exercised all his privileges responsibly, without issue.

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

a) The treatment team is still trying to optimize Mr. Savauge’s medication regimen. He was originally at 100 mg of his LAI medication, every two weeks. This dose was increased to 150 mg, but it appeared to sedate him. Very recently, his dose was switched to 125 mg every two weeks, and the team is monitoring whether the new dose is adequate.

b) Dr. Jones was asked to address the following paragraph from last year’s Reasons for Disposition:

“What Dr. Jones would like to see is for Mr. Savauge to work well with the team, engage in addictions counselling, optimize his medication, and work on his risk factors, so he can continue to move forward. In addition, once he receives privileges, Dr. Jones would like to see him exercising them responsibly.”

Dr. Jones advised that Mr. Savauge is working with the treatment team, but he has not engaged in any therapeutic programming, including addictions counselling. The team is still in the process of optimizing his medication regimen. Mr. Savauge is exercising his privileges responsibly.

c) Mr. Sauvage’s adherence to his medication regimen is not sufficient to manage his risk to public safety, in and of itself. Any use of substances would increase this risk.

18. No other evidence was called.

Analysis and Conclusions:

19. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board agrees with the joint submission: Mr. Savauge remains a significant threat to the safety of the public.

20. In Winko, the Supreme Court outlined that, in coming to the conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence, including: the circumstances of the original offence; the past and expected course of the accused’s treatment; the present state of the NCR accused’s medical condition; the NCR accused’s own plans for the future; the support existing for the NCR accused in the community; and most importantly, the recommendations provided by experts who examined the NCR accused. In coming to our conclusion in this matter, the Board relies on the uncontroverted expert evidence of Dr. Jones, in addition to the documentary evidence before us.

21. Mr. Savauge’s insight into his mental illness and his need for medication remains poor. He has no insight into how substance use can affect his mental health and his risk to the safety of the public.

22. Previous community living situations have not been successful. Mr. Savauge has a history of medication non-adherence; substance use and lack of adherence with treatment plans.

23. In particular, the Board relies on the Clinical Assessment of Risk set out in the Hospital Report:

“Mr. Savauge committed his index offences while actively psychotic, non- compliant with psychiatric medications and follow up, and possibly using substances.

Mr. Savauge has a lengthy history of Schizoaffective Disorder, non- compliance with medications, poor insight, substance abuse, threats of physical aggression, actual physical aggression, sexually inappropriate behaviour, and use/collection of weapons.

Currently, Mr. Savauge’s risk is managed while detained on a forensic unit where he is provided regular psychiatric medications, has reduced access to substances, and is under close supervision by staff.

Mr. Savauge’s symptoms of psychosis have shown good response to treatment with anti-psychotic medication. He has had fairly rapid deterioration when medication is stopped.

Mr. Savauge’s commitment to taking medications is tenuous. If he does not take medications regularly, he would be at risk of rapid relapse of Schizoaffective Disorder, with a resultant increase in risk to the safety of the public. Even on current medications, Mr. Savauge continues to have some residual symptoms.

Mr. Savauge has poor insight into his mental disorder and the benefit of psychiatric medication. In 2025, he was deemed incapable to consent to treatment and this finding was upheld by the Consent and Capacity Board. His sister provides substitute consent for treatment with a long-acting injection of Zuclopenthixol decanoate. If Mr. Savauge refuses medication while living in the community in the future, being on a Detention Order would give the hospital the authority to briefly return him to hospital to ensure that his medication schedule is not interrupted.

Mr. Savauge’s insight into the deleterious effect of substance use is poor. He is at high risk of returning to substance use absent a legal prohibition. If he resumed substance use, this would likely result in worsening of his mental disorder and increase his risk to the community. Substance use can increase risk of criminal recidivism independent of its effect on mental disorder. Even on the Brebeuf Program, Mr. Savauge was actively seeking substances and trying to produce ethanol.

Absent ongoing treatment, support, and legally mandated abstinence from substances, it is anticipated that Mr. Savauge would quickly show worsening of his psychosis and the consequent return of previous aggression. It is the unanimous opinion of the treatment team that Mr. Savauge poses a significant threat to the safety of the public and that his risk can only be managed with a Detention Order.”

24. The Board agrees that the addition of the community privilege renders his Disposition the least onerous and least restrictive option; it is necessary for his reintegration into the community, his successful transfer to St. Thomas, and his access to family supports.

25. In consideration of all the evidence, submissions of the parties and criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Savauge, his reintegration into society and his other needs, the necessary and appropriate Disposition is to continue with the Detention Order, with the amendment agreed to by all the parties.

DATED this 3rd day of September 2025, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein Alternate Chairperson

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Office of the Registrar Ontario Review Board