Re James Cornwell, 2026 CanLII 10960

Ontario Review Board

Re: James Cornwell

ORB File No: 8365

Hearing held on: Wednesday, November 19, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

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

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. W. Komer Dr. R. Cormier Mr. P. Hageraats Mr. A. Bouvier

Parties Appearing:

Accused: James Cornwell Counsel: Mr. P. Lewandowski

Person in charge of hospital: Representative: Dr. A. Sandhu

Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated January 7, 2026)

Introduction

1. On August 9, 2023, the accused, James Cornwell, was found not criminally responsible on account of mental disorder (“NCR”) on charges of arson - reckless disregard for human life and arson - damage to property, both contrary to the Criminal Code of Canada.

2. Mr. Cornwell is currently subject to an Order and Amended disposition of the Ontario Review Board (“ORB”) dated December 13, 2024, which discharges him on terms and conditions.

3. On November 19, 2025, the ORB convened a hearing at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct Mr. Cornwell’s annual review hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Cornwell was present at his hearing and represented by his counsel, Mr. Paul Lewandowski. Mr. Cornwell’s Salus Case Manager, Jess Cassidy, also attended the hearing. A hospital report dated November 5, 2025, was entered as Exhibit No. 1 and a report from the Salus Forensic Supportive Housing Program (“FSHP”) dated September 5, 2025, was entered as Exhibit No. 2.

4. The issues for this hearing are whether Mr. Cornwell continues to meet the threshold for significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in all the circumstances.

5. At the outset of the hearing the parties were canvassed as to their preliminary positions for the hearing. The hospital is recommending that Mr. Cornwell no longer poses a significant threat to the safety of the public and should therefore be granted an absolute discharge. Counsel for the Attorney General, Ms. Dufort, indicated her wish to reserve her position following the hearing of the evidence. Counsel for Mr. Cornwell, Mr. Lewandowski, indicated his support of the hospital recommendation.

6. For the reasons set out below, the Board finds that Mr. Cornwell no longer meets the threshold of significant threat to the safety of the public and accordingly we grant him an absolute discharge.

Index Offences

7. The details of the index offence are set out in the hospital report as follows:

“According to the police synopsis, Mr. Cornwell resided at 1-133 McLeod Street in Ottawa Ontario, a five-unit apartment complex. On April 30, 2023, he set his apartment on fire and jumped out of the front window. Two other tenants were present in the building at the time of the fire. The Ottawa Fire Department was able contain the fire to Unit 1 and the building was evacuated.

On Sunday April 30, 2023, at approximately 1206 Constable Bisaillon received a call regarding a fire at 133 McLeod Street. The tenant of unit 1 was seen running away from the scene, appearing injured and in distress. He was wearing pajamas and was covered in soot and blood.

Mr. Cornwell was found at a third floor balcony a short distance away. He then left the fire escape and was at the back door of the main floor unit on 43 Park Avenue. He was talking to the family at the door and trying to have them let him inside. When Mr. Cornwell was approached by Constable Bisaillon, he stated “I know I did arson. I had to, I burnt all my son’s things, help me.” He was described as “rambling and yelling” He continued to ramble while being arrested. Constable Bisaillon indicated, “…stated to me that he started the fire and burnt all of his sons belongings but that he had no choice….stated that his landlord had rented the building out to ghosts and that he was running ghost hunting tours in the building which left him not choice….indicated that he was hearing voices from god and that he thought dirty cops and Satan were out to get him.”

Mr. Cornwell was able to tell the police that he started the fire in the apartment by using cooking oils and fluid he found in his kitchen, but that the fire went up much faster than he expected and he had to roll “Zelda” style head first out of the window.

Constable De Souza Lima spoke with Ms. G. who was renting an Airbnb at 43 Park Ave. She said that at approximately 1240, she was in the house when she observed Mr. Cornwell standing in front of the glass back door, wet and covered in dirt and blood. He seemed confused and scared. He told Ms. G. that there was a fire and that he jumped out of the window and that “they” would kill him.

Constable Munier wrote “attempts were made to facilitate a lawyer call but this was refused by Cornwell who was still speaking incessantly and in an incoherent manner about his family and exorcism, the ghosts in his unit.”

Constable Zackrias indicated that Mr. Cornwell “appeared to be in a mental health crisis as he was screaming, shaking, and speaking rapidly constantly bouncing from one topic to the next.” He was also overhear speaking to medical staff and “made mention of his house being haunted and he believed Satanists were renting the apartments out to ghosts on Airbnb.” Mr. Cornwell later stated, “I didn’t mean to do it… I tried to put it out…it went up in flames so fast I had to jump out.”

Background History

8. Mr. Cornwell’s personal, legal and psychiatric history is set out in detail in the hospital report dated November 5, 2025 (Exhibit 1). Briefly summarized, Mr. Cornwell is currently 45 years of age and was born in Quebec City. He does not know his biological father who left when Mr. Cornwell was very young. Years later, a family member tried contacting Mr. Cornwell’s father and was informed that he was deceased. Mr. Cornwell stated he was raised by his mother, Donna, who reportedly has undiagnosed mental health issues. Mr. Cornwell described her as being paranoid, abusing drugs, and emotionally labile. He stated that he was abused emotionally, physically and verbally by his mother. Mr. Cornwell stated the family was financially supported through welfare and his mother’s job as a “stripper”. Mr. Cornwell spent much of his childhood in Churchill, Manitoba and still has family that reside there.

9. Mr. Cornwell was previously married to Rebecca Cornwell, and they have been separated for the past eight years. They have an eleven-year-old son, Oliver. Mr. Cornwell indicated that while his relationship with his son’s mother is strained at times, they both try to do what is best for their son.

10. At the time of the index offences, Mr. Cornwell had been living alone in a rented apartment for the past 8 years.

Criminal History

11. Mr. Cornwell said he was held in custody for a weekend in 2015 for domestic charges. Following an assessment of criminal responsibility by Dr. Helen Ward in 2015, he received a conditional discharge after that conviction, and his conditions included not to possess weapons for five years. Other than the index offences, he has not been charged or convicted of any other offences.

Psychiatric History and Diagnosis

12. Mr. Cornwell has an extensive psychiatric history which is described in detail in the hospital report. He reports that his first admission for bipolar disorder likely occurred in 2004/2005. Subsequent psychiatric admissions were largely attributable to medication non-compliance and manic episodes.

13. Mr. Cornwell’s last outpatient appointment with his community psychiatrist, Dr. Druss, before the index offences (April 30, 2023) took place on April 18, 2023. At that time, he was described by Dr. Druss as doing well. He reported no symptoms of mania or depression. He was adhering to his medication regimen.

14. Mr. Cornwell’s current diagnosis is Bipolar 1 Disorder, severe, most recent episode manic with psychotic features, currently in full remission. He has not been assessed as having any underlying narcissistic or antisocial personality traits. Mr. Cornwell does not meet criteria for any substance use disorders.

Evidence at the Hearing

15. The hospital’s evidence was presented through its report and through the oral testimony of Dr. A. Sandhu, who assumed Mr. Cornwell’s care from Dr. Selaman in November of 2024.

16. Mr. Cornwell has a protracted history of bipolar disorder and has had numerous prior admissions to hospital to deal with both depressive and manic episodes. He now has a good therapeutic relationship with Dr. Druss at the Ottawa Hospital who has been his general psychiatrist in the community for several years.

17. Mr. Cornwell recognizes that he suffers from a chronic major mental illness and that he requires ongoing treatment as well as ongoing medical monitoring for his Lithium blood levels, all of which have been in the therapeutic range over the course of the past year.

18. Dr. Sandhu stated that he has no concerns at this time about medication non-adherence and that Mr. Cornwell has demonstrated very good engagement with his treatment team and his Salus Worker, Jess Cassidy, who was present at the hearing. Mr. Cornwell has attended all of his appointments in the past year. He uses public transportation to get around the city and arrives early for most of his appointments.

19. The hospital is recommending an absolute discharge. If granted an absolute discharge, Mr. Cornwell is very motivated to resume psychiatric treatment with Dr. Druss which would necessitate a transition of care from Dr. Sandhu. Dr. Sandhu has offered to continue to be Mr. Cornwell’s psychiatrist, however given the good therapeutic relationship with Dr. Druss and their historical relationship, Dr. Sandhu is quite happy to transfer care to Dr. Druss.

20. In response to questions posed to him by counsel for the Attorney General, Ms. Dufort, Dr. Sandhu responded as follows:

(a) Mr. Cornwell took proactive steps to contact Dr. Druss and discuss transferring his care back to her which, according to Mr. Cornwell, she is prepared to do. Dr. Sandhu stated that he intends to speak directly with Dr. Druss before any transition of care and that he will continue to be Mr. Cornwell’s psychiatrist until that transition is completed. Mr. Cornwell has indicated his agreement with that plan and that he will continue to receive his injection from the Royal Ottawa Hospital pending the transfer.

(b) At page 34 of the hospital report, Dr. Sandhu notes that Mr. Cornwell has had some somatic complaints about tremors from his medications and that attempts have been made to add medications to his regime to address those side effects. Since taking over Mr. Cornwell’s care from Dr. Selaman, Dr. Sandhu has discontinued one medication in favour of another but confirmed that Mr. Cornwell is still experiencing tremors and that those are likely to continue. Mr. Cornwell’s overall functioning is quite adequate, and the ongoing tremors are not overly distressing for him.

(c) According to Dr. Sandhu, Mr. Cornwell has good insight into his major mental illness and the need to continue consistently with treatment given his history of depressive and manic episodes.

(d) In reviewing the hospital chart, Dr. Sandhu was able to confirm that Dr. Selaman had done some work with Mr. Cornwell to educate him on how to maintain his Lithium levels including consistent lifestyle practices, such as sleep and good nutrition.

(e) Mr. Cornwell has a history of fast decompensation when not on mood stabilizing medications. According to Dr. Sandhu, Mr. Cornwell recognizes this and understands his propensity to rapid decompensation as well as the early warning signs of decompensation.

(f) Mr. Cornwell sees Dr. Sandhu and regularly meets with his Salus case worker Ms. Cassidy in the community but otherwise is not currently doing any groups at the hospital. He has completed some in the community in the past.

(g) Mr. Cornwell’s focus is on assuming a greater role in his son’s life and wants to be a reliable presence in his son’s life which is very protective for the future.

(h) With respect to housing, Mr. Cornwell enjoys a FSHP rent subsidy that is available to him for as long as he continues to be connected with the Salus program. He has monthly housing checks and meets weekly with his Salus Case Worker, Ms. Cassidy, in the future. Given that routine and regular contact, Dr. Sandhu believes that Ms. Cassidy can report any concerns to Mr. Cornwell’s treatment team, whether it be with Dr. Sandhu or Dr. Druss.

(i) Mr. Cassidy currently enjoys having overnight visits with his son who is 12 years of age and is in Grade 7.

21. In response to questions posed to him by members of the hearing panel, Dr. Sandhu responded as follows:

(a) Last year’s Reasons for Disposition state that Mr. Cornwell’s lack of social supports were a risk factor. Dr. Sandhu was asked to comment on that and indicated that though Mr. Cornwell is not socially isolated, his lack of personal social supports continue to be a factor to a degree. In his opinion, this does not amount to ongoing significant risk. Mr. Cornwell has very good professional supports and his life is quite centered around his contacts with his son.

(b) With respect to Mr. Cornwell’s current housing, Dr. Sandhu stated that, to his knowledge, Mr. Cornwell’s housing is quite stable and there have been no complaints. According to Dr. Sandhu, Mr. Cornwell’s home is situated in a suburban residential area of the city.

(c) Mr. Cornwell uses public transportation for everything, including coming to hospital, and despite this, tends to be very assiduous with his appointments. Mr. Cornwell mentioned during the hearing that he takes one bus to meet his son for his parenting time.

(d) Dr. Sandhu opined that he is confident that Mr. Cornwell will continue to seek treatment and support and that despite his propensity to rapid decompensation, he has good insight into warning signals and the need to be vigilant.

(e) Mr. Cornwell has only been under an ORB disposition since the fall of 2023 and has had a relatively quick course under the Board. Dr. Sandhu believes that this is a reflection of his engagement to treatment and the importance for him to be a stable presence in his son’s life.

(f) Dr. Sandhu confirmed that the metabolic monitoring and Lithium levels monitoring could be done by Dr. Druss at the Ottawa Hospital when Mr. Cornwell’s care is transferred there.

22. The hospital’s risk assessment is set out in the hospital report at pages 34 and 35 and summarized as follows:

“Diagnostic Impression

• Bipolar Disorder, type 1

I have the HCR-20, version 3, which is a structured clinical judgment tool to assess Mr. Cornwell’s future risk by combining both historical and dynamic risk factors. Mr. Cornwell’s violence risk assessment indicates that he is at a low risk of future violence.

Historical Items

I do not have evidence for Mr. Cornwell demonstrating problems with other antisocial behaviours, relationships, substance use, personality disorder, violent attitudes, or treatment or supervision response.

Mr. Cornwell has four of ten historical risk factors. I have considered Mr. Cornwell’s history of traumatic experiences in childhood to be of low relevance. Hospital

• Violence

o Mr. Cornwell’s index offences involve violence while experiencing mental health symptoms (arson)

o Mr. Cornwell has previously been charged with assaultive behaviour of his son’s mother while experiencing mental health symptoms

• Employment

• Major mental disorder

o History of symptoms of bipolar disorder, type 1 that have necessitated hospital admissions for observation and management

o Mr. Cornwell’s symptoms have responded to medication management

• Traumatic experiences (low relevance)

Clinical Items

I do not have evidence that Mr. Cornwell has demonstrated recent (within the last six months) problems with insight, violent ideation, symptoms of major mental disorder, instability, or treatment or supervision response.

Risk Management Items

Mr. Cornwell demonstrates two of five future risk management items. I do not have evidence that Mr. Cornwell meets criteria for future problems with professional services, his living situation, or treatment/supervision response.

Mr. Cornwell has a FSHP caseworker (professional support).

• Personal support

• Stress or Coping

23. No other evidence was presented.

Submissions of the Parties

24. The hospital submits that Mr. Cornwell no longer poses a significant threat to the safety of the public given his very good insight into his major mental illness and the need for treatment and his commitment to maintain his stability in the community. Dr. Sandhu stated that Mr. Cornwell continues to work on his personal goals and that, from his vantage point, there is no rush for Mr. Cornwell to be discharged from his care, but that will happen in due course given Mr. Cornwell’s stated preference to return to Dr. Druss at the Ottawa hospital.

25. Counsel for the Attorney General, Ms. Dufort, stated that although there remains some risk, particularly of rapid decompensation, Mr. Cornwell has good insight into his illness and the need to be compliant with medication. He is demonstrating a willingness to maintain his stability in the long term. Ms. Dufort therefore supports the recommendation of the hospital for the absolute discharge.

26. Counsel for Mr. Cornwell, Mr. Lewandowski, stated his unwavering support for the hospital recommendation and adding that Mr. Cornwell’s focus is on being a good father and maintaining his stability which according to him goes “hand in hand”.

Analysis and Conclusion

27. Having considered all of the evidence tendered at the hearing and the submissions of the parties, the Board finds that Mr. Cornwell no longer poses a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada, and as further defined in the Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

28. According to R. v. Winko “a significant threat to the safety of the public” means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the mere trivial or annoying. The conduct giving rise to the harm must be criminal in nature.

29. Mr. Cornwell has suffered from a bipolar disorder for many years and is prone to rapid decompensation. These are ongoing risk factors; however, Mr. Cornwell has followed all modalities of treatment recommended to him and has integrated the things that he needs to do to remain stable. He has accepted the help offered to him and has worked hard.

30. Mr. Cornwell’s motivation to be a stable presence in his son’s life is very protective as it is a great motivator for him to maintain wellness. As well, his willingness to resume seeing Dr. Druss and to take medication in the long term are very positive.

31. Accordingly, based on the evidence before us, we are unable to make a positive finding of ongoing significant threat to the safety of the public, thereby requiring us to grant Mr. Cornwell an absolute discharge. We congratulate Mr. Cornwell for his commitment and success in his treatment and rehabilitation.

DATED this 7th day of January 2026, at the City of Toronto, in the Toronto Region.

Ms. M. Labrosse

Alternate Chairperson

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Office of the Registrar

Ontario Review Board