Re: Jonah Klimack, 2025 CanLII 94996

Re: Jonah Klimack

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: Jonah Klimack Counsel: Mr. D. Northcott

The person in charge of hospital: Representative: Ms. M. Kraftscik

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

REASONS FOR DISPOSITION

(Dated September 3, 2025)

Introduction

1. On April 5, 2023, Mr. Jonah Klimack was found not criminally responsible on account of mental disorder, on charges of dangerous operation causing death, failure to stop after accident, and failure to comply with probation order, all contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. Klimack is subject to a Disposition of the Ontario Review Board (the “Board”), dated August 28, 2024, which orders that he be detained at the Brébeuf Program for Regional Forensics, Waypoint Centre for Mental Health Care (“Waypoint”).

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

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

5. A Hospital Report, dated July 7, 2025 (the "Hospital Report"), was entered as Exhibit 1.

6. The issue at this hearing is whether Mr. Klimack 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. Klimack continues to present a significant threat to the safety of the public. The Board ordered that the necessary, and appropriate, Disposition in the circumstances is a continuation of the existing Detention Order with the following changes:

(a) delete paragraphs 2(e) and 2(f) of the existing Disposition, which state as follows:

(i) to enter the community, up to 25 kilometres from Waypoint, escorted by staff

(ii) to enter the community, up to 25 kilometres from Waypoint, accompanied by staff or a person approved by the person in charge

(b) and add the following passes:

(i) passes up to 48 hours, to attend in the community within 300 kilometers of Waypoint in Ontario, indirectly supervised, with an approved itinerary, and

(ii) passes for up to seven days, anywhere in Ontario, accompanied by a person approved by the person in charge, with an approved itinerary and travel to and from, indirectly supervised.

Current Psychiatric Diagnoses

7. Schizoaffective Disorder

Amphetamine-type Substance Use Disorder, severe, in remission in a controlled setting

Attention Deficit Hyperactivity Disorder, predominantly inattentive presentation by history

Alcohol Use Disorder, moderate, in early remission

Index Offences

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

“On June 3rd, 2021, Jonah KLIMACK, the accused, entered into a probation order before Justice D.A. THOMAS, in the Ontario Court of Justice in Timmins. The accused was to abide by a number of conditions, including to keep the peace and be of good behavior.

On Wednesday June 30th, 2021, at 7:01 a.m., police were called to a two vehicle collision on Highway 11 south of Aidie Creek Garden Road, in the Township of Chamberlain. A north and southbound vehicle collided in the southbound lane. The driver of the southbound vehicle, a 2018 red Ford Exporer, Jonah KLIMACK, fled on foot into a wooded area. The accused did not have permission to use the motor vehicle, which is owned by a family member. The driver of the northbound vehicle, a 2015 grey Toyota Corolla, Christopher MARTEL, was killed at the scene. Both vehicles were demolished as a result of the collision.

A police investigation was commenced with several witnesses being interviewed. In total, between Hwy 11 at Hwy 112 and Hwy 11 at Englehart, at least eight northbound vehicles were forced to take evasive action by pulling onto the northbound shoulder to avoid colliding with KLIMACK’s vehicle travelling southbound in their northbound lane. All of the witnesses described the suspect vehicle to be travelling at what they felt to be a high rate of speed and absolutely no attempts were made by this vehicle to return back to their proper lane or avoid the collision; rather, the suspect vehicle continued travelling straight towards their vehicles in the wrong lane. All of the witnesses felt like the suspect vehicle was intentionally targeting them and would have struck them if they did not take action. On three of the four occasions, the suspect vehicle was observed continuing to travel southbound in the northbound lane after narrowly missing the vehicles that were forced off of the roadway. It is believed the accused was southbound in the northbound lane, causing Martel to take evasive action and enter the northbound lane, at which time the collision occurred. Martel was killed as a result. (CC Count 1)

The accused exited out of the rear of the vehicle he was operating, gathered a computer style bag, and then fled on foot into a nearby wooded area, without rendering any assistance to Martel. This was witnessed by another motorist, who provided a physical description to police. (CC Count 2) The accused, matching the description provided, was located as a result of a Canine track about 200 meters from the scene in the wooded area at approximately 10:27 a.m. and was arrested without incident. As a result of these actions, the accused failed to comply with his probation order. (CC Count 3) The accused identified verbally to police and police records satisfied he was identified properly. The accused was detained in custody for a show cause hearing.”

Background

9. Mr. Klimack’s background is outlined in the Hospital Report, and it is accurately summarized in last year’s Reasons:

“He grew up in Timmins, with an older brother and sister. He was very involved in sports during his childhood. He nevertheless struggled to connect with peers, had few friends and even then, felt he was being watched. In high school he excelled in math, skipped classes, and used cannabis. He reportedly had emotional issues relating to his father’s drinking. Two years after his grade 13 graduation he moved to Toronto where he pursued studies in math and computer science. He subsequently abandoned academic pursuits to establish a web-based software programming and internet service business. His business was very successful, and he remained in Toronto for about a decade. His sister, who also lived in Toronto and was in contact with him, did not note any obvious signs of mental illness during this period.

Mr. Klimack moved to Los Angeles in 2010 and lived there until 2016. Initially, he lived a “party style life” and reports earning $1000 a day from his software business. In 2011, he lost his business, reportedly after being detained for three weeks following an alcohol-related driving offence. He was unable to re-establish that business.

He had a girlfriend in a non-exclusive relationship. He married a different girlfriend in 2013; they separated early on and eventually divorced in 2016. In the course of these six years, Mr. Klimack developed a worsening history of substance use and some symptoms of psychosis. He drank alcohol, used cocaine, and abused stimulant medications. He reportedly used stimulants to maintain focus on his business and was up for days at a time on it. He showed symptoms of paranoia and delusions at times, believing he was being spied on and conspiracies against him, in the context of concerns about his girlfriend or wife having sex with other men. He played poker addictively and likened its stimulation to doing drugs. He joined an AA support group. He used a girlfriend’s prescription for Adderall. A psychiatrist diagnosed him with ADHD, and prescribed medications including Dexedrine and Vyvanse (stimulants), Wellbutrin (antidepressant), and clonazepam (a benzodiazepine or ‘depressant’).

In 2016, Mr. Klimack moved to his parents’ Florida home. There, he had his first two psychiatric hospital admissions in the context of alcohol and drug use, including stimulants, both prescribed and non-prescribed. He is reported to have exhibited increasing paranoia and bizarre and destructive behaviour such as damaging their house in search of devices he believed might be firing laser beams at him. During his first admission, for two days that September, police brought him to hospital after he called to report persecutory delusions and visual hallucinations. He refused aftercare. In October, he was re-admitted for seventeen days after being brought in by police for causing a disturbance. He was treated with antipsychotics and diagnosed as having experienced a Manic Episode with Psychotic Features and Alcohol Use Disorder. Aftercare was set up, but he attended only once, then declined to continue.

In 2017, Mr. Klimack left Florida, had a short stay in Las Vegas, where he was unwell and kicked out by his roommate. He returned to Toronto and went immediately to his sister’s home. She connected him to the Centre for Addiction and Mental Health (CAMH), where he was admitted a few days later and described as having a full-blown psychotic episode. He had been drinking alcohol excessively, taking stimulants (Adderall), and smoking crystal meth, but not taking prescribed antipsychotic medication. After five days, his symptoms cleared and he was discharged with prescribed antidepressant and ADHD medications, without an antipsychotic and encouraged to abstain from stimulant abuse.

Shortly after his discharge from CAMH, Mr. Klimack moved to Timmins where he rented an apartment but was soon evicted, reportedly after destroying it and letting heroin users shoot up there. He lived at times with his parents in Timmins or at their cottage in Matheson, at times with a girlfriend, and at times was homeless.

This chaotic pattern continued for the next three years as Mr. Klimack continued to vacillate between Toronto and Timmins. This period included:

• several brief admissions to the Timmins and District Hospital,

• one admission to the Matheson Hospital,

• attempts at follow up care by the CMHA in the Cochrane District,

• outpatient and follow-up care provided by CAMH in Toronto.

• Although Mr. Klimack reportedly responded well to antipsychotics, he disliked both the effects and side effects of these medications and displayed a repeating pattern of rapid discontinuance.

On March 21, 2021, Mr. Klimack was arrested as a result of domestic assault charges. Five days thereafter he was transferred to the Monteith Correctional Centre. On June 7, 2021, Mr. Klimack was released from custody with probation terms and transported to a Timmins motel for a 14-day isolation period. From the motel, he immediately purchased speed, used it for two days and returned to a state of psychosis. On June 10, 2021, his mother found him notably decompensated and brought him to the family cottage near Matheson, where he remained for the rest of the month. On two occasions, he went into town and got drunk. He remained psychotic and paranoid. He reported hearing voices 24/7, conveyed by lasers. A PRN of Quetiapine seemed to lessen the voices, but he refused any other antipsychotic medication.

Mr. Klimack met with his CMHA worker on June 28, 2021, and reported that he was taking Dexedrine and Wellbutrin medications daily, no longer taking antipsychotic medication and using no other substances, neither stimulant, street drugs, alcohol, or cannabis. She was surprised to learn that antipsychotics had been discontinued at the Monteith Correctional Centre, and his Dexedrine stimulant medication increased. His CAMH worker, the same Nurse Practitioner who had been seeing him for several years, described Mr. Klimack as good at hiding his psychotic symptoms in order to obtain stimulants.

Two days later, on June 30, 2021, Mr. Klimack, finding things unbearable at the family cottage, took his parents’ car and drove off which is when the index offence occurred.”

Course Since Last Disposition

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

“At the outset of the review period, Mr. Klimack had been resident on Brebeuf. On February 27, 2025, he was discharged to a Transitional Rehabilitation Housing Program (TRHP) apartment managed by Shelter Now, which provides services in partnership with the Canadian Mental Health Association (CMHA) and Waypoint Centre for Mental Health Care. Mr. Klimack is followed by Dr. A. Jones, whom he meets with monthly. He is seen twice weekly by Brebeuf’s transitional case manager (TCM).

He was described as a cooperative individual, who followed unit rules and routines.

Mr. Klimack reported that he no longer experienced auditory hallucinations.

Mr. Klimack’s privilege levels were increased in September 2024 to allow him indirectly supervised passes into the Midland/Penetang area for up to ten hours daily with an approved itinerary.

Mr. Klimack’s privileges were increased again in January 2025 to allow him indirectly supervised passes for up to 72 hours, with an approved itinerary, for the purpose of transitioning to his apartment.

In mid-March, Mr. Klimack reported that he had resumed attending one addictions group weekly, his preference being Narcotics Anonymous.

Mr. Klimack picks up his medications at a local pharmacy independently each week. He reports taking all of his medications as prescribed. He is compliant with monthly bloodwork for monitoring of clozapine and lithium levels; they remain in the therapeutic range.

Mr. Klimack completed the first year of a Business Fundamentals program at Georgian College in April 2025; he plans to return to the program in the Fall.”

Position of the Parties

11. The representative for the hospital was recommending deletion of paragraph 2(e) and (f) of the current Disposition as well as the addition of the following two passes:

Pass One: passes up to 48 hours, to attend in the community within 300 kilometers of Waypoint in Ontario, indirectly supervised, with an approved itinerary; and

Pass Two: passes for up to seven days, anywhere in Ontario, accompanied by a person approved by the person in charge, with an approved itinerary and travel to and from, indirectly supervised.

12. Counsel for the Attorney General joined the hospital in their recommendations to the Board.

13. Counsel for Mr. Klimack was requesting that Pass One be increased, from 36 hours to 48 hours. He 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 testified as follows:

a) She adopts the contents of the Hospital Report, which she co-authored. The recommendations set out in the Hospital Report was the unanimous opinion of the treatment team.

b) The treatment team’s rationale for concluding that Mr. Klimack still presents a significant risk to public safety is set out on pages 74 and 75 of the Hospital Report, and it remains true today.

c) Mr. Klimack was discharged on February 27, 2025, to the Transitional Rehabilitative Housing Program apartment (“TRHP”). He has had a relatively good year since he began living in TRHP, which is one of the reasons they are requesting a loosening of his restrictions and recommending the additional passes.

d) Initially, when Mr. Klimack was transitioning on leaves of absence from the hospital to his TRHP apartment, the staff noticed some changes in his behaviour: he was presenting as tremulous, neglecting his hygiene, and losing weight. The reasons for these changes became apparent later: Mr. Klimack disclosed that he had been consuming energy drinks.

e) The treatment team believed that his energy drink consumption contributed significantly to the deterioration in Mr. Klimack’s presentation, observed by the clinical team. Mr. Klimack has been repeatedly advised to abstain from all stimulants, including both legal ones, such as caffeine and energy drinks, and illicit substances.

f) Mr. Klimack had been doing quite well since these last incidents, up to last week; the outpatient nurse who follows him observed that he was becoming more jittery and that his personal hygiene had deteriorated again. Mr. Klimack informed his outpatient nurse that his computer had been hacked, and he had been spending many hours trying to rectify this problem; the treatment team believed that this stress, and subsequent lack of sleep, caused the deterioration in Mr. Klimack’s presentation.

g) Mr. Klimack’s urine drug screens have all returned negative, and he has been adherent to his medication regimen.

h) One of the reasons Mr. Klimack wants an increase in his pass level is that it would increase his opportunity to meet a woman and perhaps start a relationship. Mr. Klimack has indicated he has been chatting online with some people who live in the Toronto area. His sister also lives in Toronto. Therefore, the treatment team is recommending the expansion of his privileges, adding passes for up to 36 hours, indirectly supervised, within 300 kilometers of Waypoint, with an approved itinerary.

i) Mr. Klimack’s mother is an approved person. His family lives in Northern Ontario, which is why the treatment team is recommending the additional privilege of allowing him to travel for up to seven days, anywhere in Ontario.

j) The treatment team was only recommending 36 hour passes to travel to Toronto because they were not comfortable with him spending two consecutive nights without observation by staff. A 36-hour pass would be structured to only allow him to be away for just one night.

k) Mr. Klimack is particularly vulnerable to manic relapses. The Hospital Report contains a well-documented history of his time in North Bay Hospital, during which he experienced significant symptoms of mania, even while taking antipsychotic medication. Onset of mania could be caused by stimulant use (legal or illegal), stressful social situations or lack of sleep. Any of the above factors increase his risk of relapse.

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

a) Consumption of caffeine or energy drinks would not show up on a urine drug screen.

b) TRHP housing is not a 24/7 supervised accommodation, but Mr. Klimack sees staff at the TRHP house almost daily and his outreach nurse at least twice weekly.

c) Mr. Klimack has a long history of substance use causing an onset of his psychosis and mania.

d) Consumption of excess amounts of caffeine or energy drinks would increase Mr. Klimack’s risk of becoming a significant threat to public safety, as it would increase his risk of both psychosis and mania. Allowing Mr. Klimack to only be away from the observation of staff for 36 hours would enable to team to better monitor his mental status.

e) Mr. Klimack’s mother is an approved person, and she has been very reliable in reporting any concerns that she may have about her son’s behaviour or presentation. Therefore, the team is recommending the second pass within the Province of Ontario, with an approved person, to allow Mr. Klimack to visit his mother.

f) Mr. Klimack’s attendance at certain programming could be described as sporadic.

g) Mr. Klimack is attending Narcotics Anonymous. The treatment team cannot verify how frequently he attends these meetings, nor how he participates in them.

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

a) Mr. Klimack’s family supports include his sister, who lives in Toronto, as well as his mother and grandmother, who live in Northern Ontario.

b) She would welcome his sister becoming an approved person, but no application has been made yet.

c) There have been no issues with Mr. Klimack’s adherence to his medication regimen.

d) Mr. Klimack does appreciate the effects that legal stimulants, such as excess caffeine or alcohol, can have on him. However, in early 2025, he had been using energy drinks, but he initially denied consuming them.

e) Going forward, the treatment team would like to see Mr. Klimack exhibit the following:

i) Ongoing stability of his mental status while living in the community

ii) Continued adherence with his medication regimen

iii) Continuation of his negative urine drug screens

iv) Continued avoidance of stimulants, such as energy drinks and caffeine

v) Appropriate use of his privileges.

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

a) Mr. Klimack hopes to continue to support himself with his computer business. He has been quite successful in the past. He is attending programming in college and has done quite well. He did quite well in his first year of a business fundamentals program at Georgian College, and he plans to attend again, in the fall.

b) Mr. Klimack previously believed that he needed stimulant medication for focus, to be successful in his business; however, he now realizes that these drinks did not help him to maintain his focus on his business, and he no longer sees them, as necessary.

c) Mr. Klimack has engaged in very limited programming with respect to abstaining from substances. He is prone to impression management, which is confirmed by his PCL-R score of 27. Therefore, the treatment team feels it is important to be able to observe how Mr. Klimack is doing and not just rely on his self-report.

d) The treatment team cannot opine on how quickly the use of energy drinks would cause Mr. Klimack’s mental status to deteriorate. In the past, Mr. Klimack has reported that he only used energy drinks for a brief period of time, yet the treatment team noticed a profound effect on his presentation for several weeks after. Therefore, they suspect that his use of energy drinks was more frequent than he reported. And if his report of only consuming a few energy drinks was accurate, it indicates how highly vulnerable he is to their use.

e) Should the Board decide to increase the duration of passes, with an approved itinerary, to up to 48 hours, the treatment team could still restrict his travel to Toronto to 36 hours.

f) Should the Board decide that 48-hour passes were the least onerous and least restrictive disposition, it would not affect the therapeutic relationship with Mr. Klimack should they only approve passes for 36 hours.

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. Klimack 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. Klimack’s current diagnoses and history support the serious presence of substances and behavioural addictions (alcohol, amphetamines, cannabis, gambling). Currently, these conditions are in sustained remission in a supervised environment. Mr. Klimack just recently transitioned to TRHP housing.

22. Mr. Klimack’s schizoaffective disorder is extremely vulnerable and fragile to the use of any stimulant, whether legal or illicit, requiring that he be monitored carefully, on a regular basis. The evidence before us is that Mr. Klimack is also subject to decompensation in his mental state from stress and lack of sleep, as well as from substance use. The hospital needs to approve his housing to ensure his abstinence from substances as well as to monitor his status.

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

“Mr. Klimack committed his index offences while actively psychotic and in the context of using substances and not taking anti-psychotic medication.

Mr. Klimack has a lengthy history of schizoaffective disorder, non- compliance with medications, poor insight, and severe substance abuse. Currently, he receives anti-psychotic medication under the structure and supervision of a Detention Order. On the current medication, his psychotic symptoms have improved. He now has insight into the benefit of medications and abstinence from substances. If he is not regularly compliant with his current medications, he would be at high risk of worsening of his psychotic symptoms, and thereby pose an increased risk to the public.

Mr. Klimack has a lengthy history of severe substance abuse, which likely contributed to his symptoms of psychosis. Since admission to Waypoint, frequent urine screens have been negative for substances, even since moving to the community. It is the impression of the treatment team that the legal prohibition on using substances is an important motivator for Mr. Klimack. If Mr. Klimack relapses into substance use, he will be at increased risk of worsening of his psychotic symptoms, and thereby pose an increased risk to the public. Substance use can also increase risk of criminal recidivism independent of its effect on mental disorder.

Although Mr. Klimack presently states that he wishes to remain abstinent, he has periodically expressed the belief that stimulants have helped him to function well and work. He has been provided repeated health teaching and encouragement to abstain from substances including excess caffeine and energy drinks. In early 2025, he evidenced subtle changes including jitteriness, decreased hygiene, and elevated blood pressure. Although he initially denied consuming energy drinks, he later admitted that he had done so, felt less well, then later discontinued same. The treatment team questions whether he is minimizing the extent of energy drink consumption given changes in his presentation at the time. Of note, caffeine and various other stimulants are not detected on urine testing.

Mr. Klimack has a history of misleading his health care providers and family regarding his compliance with medication, and his substance use. He has a history of tampering with his urine samples to deceive health care providers. Monitoring Mr. KIimack’s adherence to oral medications and his abstinence from substances will be challenging.

Mr. Klimack’s insight into his illness, the importance of medications, and the deleterious effect of substance use is currently good. The treatment team agrees that the structure of a Detention Order and legally mandated abstinence from substances are very important to manage risk. If Mr. Klimack became less compliant with medication and/or used substances, it is anticipated that he would quickly show worsening of psychosis and would pose an increased risk to the public.

Mr. Klimack has complied with taking treatment, submitting urine samples, and reporting to the hospital. His symptoms of mental disorder continue to be significantly improved since the time of his admission to Waypoint. He voices the intention to continue with treatment and abstinence from substances. Given his progress over the past year, the team is recommending a gradual increase in privileges.

It is the unanimous recommendation of the treatment team that a Detention Order is required to manage Mr. Klimack’s risk at present. The team also unanimously recommends that he is suitable for an increase in privileges over the coming year, including the expansion of passes into the community.”

36-Hour Passes Versus 48-Hour Passes

24. The Board agrees with the recommendation by all the parties that the passes requested for Mr. Klimack are necessary and appropriate for his reintegration into society and his other needs; they represent the least onerous and least restrictive disposition available. The only issue before this Board is whether the passes should be for 36 hours, as requested by the hospital, or 48 hours, as requested by counsel for Mr. Klimack.

25. The Board had a serious, lengthy discussion about which duration of passes would constitute the necessary and appropriate Disposition in the circumstances. The Board is aware of many clinical concerns regarding Mr. Klimack, including:

a) The fragility of his major mental illness to substances, both legal and illicit, stress, and lack of sleep;

b) His high PCL score, as well as his previous engagement in impression management. It is noted that at the start of this year, Mr. Klimack did not fully disclose his consumption of energy drinks; the actual frequency, and amount, of his use is unknown. It is quite clear that any use of stimulants could cause psychosis and a re-emergence of his mania, causing him to become a significant threat to public safety; and

c) Mr. Klimack only sporadically engaged in therapeutic programming, particularly with respect to the use of substances and his current psychiatric diagnoses.

26. The Board, however, notes that any grant of passes, whether 36 or 48 hours, is entirely at the discretion of the hospital and the treatment team. The treatment team is aware of our clinical concerns, as outlined in the above paragraph. They will proceed very cautiously, in a stepwise manner, so that passes up to 48 hours will be only granted as the situation warrants. We do note that Mr. Klimack is not being observed every day. We also point out that 12 months is a long period of time, and Mr. Klimack may be in a position to exercise 48 hour passes towards the end of this reporting period.

27. The Court of Appeal has made it quite clear that, while public safety is our paramount consideration, we have an obligation to draft a Disposition that is the least onerous and least restrictive option. Dr. Jones testified including a provision of 48 hour passes in Mr. Klimack’s current Disposition would not affect her therapeutic relationship with him. The Court of Appeal has noted that there are many reasons to include the privilege of living in the community, in accommodation approved by the person in charge, in a Disposition, even if it is not reasonable to expect it to be exercised within the next 12 months. For these reasons, the Board is prepared to accept the recommendation of counsel for Mr. Klimack, allowing him passes for up to 48 hours.

28. 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. Klimack, his reintegration into society and his other needs, the necessary, and appropriate, Disposition is continuation of the Detention Order, subject to the amendments set out herein and in our formal Disposition.

DATED this 3rd 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