Ontario Review Board
Re: Donald Towell
ORB File No: 1916
Hearing held on: Monday, November 17, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Hageraats
Members: Dr. W. Komer
Dr. R. Cormier
Ms. M. Labrosse
Mr. A. Bouvier
Parties Appearing:
Accused: Donald Towell (Not Present)
Counsel: Ms. M. Munsterman
Person in charge of hospital: Representative: Dr. J. Gojer
Attorney-General of Ontario: Counsel: Mr. J. Wright
REASONS FOR DISPOSITION
(Dated January 8, 2026)
Introduction
On August 30, 1994, Mr. Donald Towell appeared in Court on charges of assault and assault causing bodily harm, contrary to the Criminal Code of Canada. On that date, based on expert psychiatric evidence provided to the Court, Mr. Towell was found to be not criminally responsible on account of mental disorder (“NCR”).
Mr. Towell is subject to a disposition of the Ontario Review Board (“ORB” or “the Board”), dated November 12, 2024, which orders his detention at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (“ROMHC” or “the hospital”). The disposition permits Mr. Towell to live in the community in accommodation approved by the hospital.
On November 17, 2025, the Board convened at the ROMHC to review Mr. Towell’s last disposition. As has been the case for some years, Mr. Towell did not attend in person. His counsel, Ms. Munsterman, advised she had instructions for the hearing and that Mr. Towell finds it anxiety provoking to attend. Ms. Munsterman added that Mr. Towell can become aggressive when upset. Counsel assured the panel she was able to proceed without her client at the table. Both the hospital representative and counsel for the Attorney-General agreed that the Board could excuse Mr. Towell from attending. Dr. Gojer noted that Mr. Towell had advised him that he would prefer to have Dr. Gojer simply attend. On that basis, relying on s. 672.5(10)(a) of the Criminal Code, the Board excused Mr. Towell from the hearing and proceeded in his absence.
A hospital report, dated October 27, 2025, was filed in evidence.
Positions of the Parties
Counsel for the Attorney-General, Mr. Wright, advised that he anticipated agreeing with the hospital recommendation that Mr. Towell continues to present a significant threat and that the current detention order should remain in effect, without change.
On behalf of Mr. Towell, Ms. Munsterman advised that significant threat was in issue and that Mr. Towell would seek an absolute discharge.
For the reasons set out below, the Board found that the issue of significant threat has been established and that the current detention order should remain in place, on the same terms and conditions.
Current Psychiatric Diagnoses, Hospital Report, p. 118
Schizoaffective Disorder
Autism Spectrum Disorder
Index Offences
- The circumstances are described in the hospital report and in last year’s Reasons dated December 16, 2024. In summary:
- The assault, arising on June 7, 1994
Mr. Towell entered the Pinto store on Second Avenue in Schumacher, Ontario. He was yelling at kids outside and was cursing. He was told to keep it down. A young person walked into the store to get a glass of water. Mr. Towell yelled at him, telling the young person he had no business in the store.
The female store clerk told Mr. Towell that the younger person had as much right to be there as he did. Mr. Towell swore at the clerk.
Mr. Towell was told to leave. He threw a store item around and went to grab the young male. He tore his sweatshirt and threw him around, causing him to fly into a female who was there, hitting her arm and causing a slight injury. The young male’s sweatshirt, worth $50, was damaged.
The young male ran behind the service counter. Mr. Towell went after him. The clerk stepped between the two and told Mr. Towell to leave. He did so.
Shortly after, the police found Mr. Towell at his home. They used force to enter the apartment and restrain Mr. Towell. Arrested under the Mental Health Act, he was brought to the Timmins District Hospital and admitted. Mr. Towell was kept in hospital for a few weeks before being later rearrested by a police officer who then released him on a Promise to Appear in Court.
- The Assault Causing Bodily Harm, arising on July 12, 1994
Unknown youths were throwing rocks at Mr. Towell’s Schumacher residence, hitting the windows. No damage was done to the building. Mr. Towell became agitated. He left the apartment to give chase. One of the youths, aged fifteen, stopped running to confront Mr. Towell. A fight ensued.
Mr. Towell punched him several times in the face, knocked him down and kicked him about the face and head area a couple of times. The victim sustained a fat and bleeding lip, a broken tooth and a fractured jaw which required further surgery. He also had scrapes to his left forearm and a cut on the back of the head. Medical attention was provided at the Timmins District Hospital.
Mr. Towell suffered injuries to the right side of his face, a swollen discoloured right eye and a cut needing medical attention. Mr. Towell was charged at the Timmins Police Station later the same evening.
Background History
- Mr. Towell is 62. Not much information has been provided about his developmental history. Reportedly, he did poorly at school but eventually completed Grade 12 in a technical program learning carpentry and other trades. Mr. Towell’s mother died when he was only eight. The father was reportedly a violent alcoholic. However, he did teach his son to play string instruments. To this day Mr. Towell still plays guitar and other instruments, showing real ability. Mr. Towell enjoys performing and attending music events.
Criminal History
- Mr. Towell has no prior criminal history.
Previous and Recent Psychiatric History
Since 1986, Mr. Towell has had several hospital admissions following incidents of physically aggressive and threatening behaviour. Before the index offences arose in 1994, he had been admitted to hospital three times within about six weeks.
Following the 1994 NCR finding, Mr. Towell was initially detained at the North Bay Psychiatric Hospital. In 2000, he was transferred to the Brockville Psychiatric Hospital and later discharged into the community to a supervised boarding house in Ottawa, Hampton Lodge. In March 2003, he was discharged to live in the community with a female cousin. However, due to his aggressive behaviour to that person, Mr. Towell was readmitted to hospital by March 2004, and again, on three later occasions up to May 2010, due to further aggressive behaviour toward the same cousin.
In May 2010, Mr. Towell relocated to a supervised boarding home. From May 5, 2011, he lived in the community, either under a conditional discharge or a detention order. He obtained a subsidized apartment at one point with ongoing support from the Canadian Mental Health Association (“CMHA”) case manager and the hospital’s outreach nurse.
Mr. Towell lived in his own apartment for ten years until October 2021. Despite support provided, Mr. Towell was deemed no longer able to manage there. He was then hospitalized at the ROMHC. Mr. Towell eventually agreed to live at a long-term care facility. This saw him obtain a placement at the Royal Ottawa Place (“ROP”). located on the grounds of the ROMHC, and where he had his own private room.
On November 28, 2024, Mr. Towell assaulted a co-resident at the ROP. Consequently, he was evicted. On December 16, 2024, Mr. Towell was admitted to the hospital’s Forensic Assessment Unit (“FAU”).
On April 14, 2025, the ORB convened a restriction of liberty hearing. At the hearing, following testimony provided by Mr. Towell’s treating psychiatrist, Dr. Julian Gojer, the Board concluded that Mr. Towell’s restriction of liberty was justified and necessary and represented the least onerous and least restrictive option available to the hospital. The Board also concluded that continued placement on the FAU remained the least onerous and least restrictive option available.
Mr. Towell is reported to have some Autism Spectrum Disorder traits that contribute to deficits in socializing. When he acts out, his size and loud voice are intimidating. The most recent assault at the ROP in November 2024 was the first of its kind in over eight years. He was found to be at risk of assaulting co-patients if they happen to get in his way.
At the ROL hearing, it was learned that Mr. Towell has limited family support. He still has a strong therapeutic alliance with his long-time CMHA worker.
At the April 2025 ROL hearing, it was also learned that Mr. Towell had no other suitable accommodation that could satisfy his high needs. When admitted to hospital in December 2024, Mr. Towell was insisting he did not have a mental illness, and that his antipsychotic medications did nothing more than affect his clarity of thought and ability to play the guitar.
Mr. Towell has been suffering from chronic pain in both legs and shoulders. This relates to a diagnosis of osteoarthritis. He will use a walker and a wheelchair at times. He weighs over 300 lbs and is on a diabetic diet.
At the April ROL hearing, the Board noted that when Mr. Towell was living in his own apartment with outside supports, the apartment had deteriorated to a dangerous state. Mr. Towell’s health, lack of independence on issues of hygiene, and inability to manage proper diet to control his diabetes, rendered continued independent living hazardous to his health.
Evidence at the Hearing
The Board received direct testimony from Dr. Julian Gojer, forensic psychiatric at the ROMHC. He is the author of the hospital report filed in evidence and has been Mr. Towell’s attending psychiatrist for the past few years.
Dr. Gojer described Mr. Towell’s long history of mental illness, noting that when he was staying at the ROP, he was at the best long-term care placement that he could have possibly obtained.
Dr. Gojer further testified that, earlier today, Mr. Towell advised him he had no regrets about having assaulted the male co-patient at the ROP and that “he deserved it”.
Dr. Gojer noted that for most of his stay at the ROP, Mr. Towell was reasonably well managed. He can be quite charming. That said, Mr. Towell can also be violent. As Dr. Gojer put it, “He can pack a punch and move pretty fast”.
Mr. Towell gets about with a walker. When annoyed, he will deliberately bump his walker into other people, whether they be staff or co-patients.
Dr. Gojer has not seen any acute symptoms with Mr. Towell for the past year and a half. He has been settled from a psychosis point of view while having states where he can manage just fine without assistance.
Mr. Towell continues to present a litany of complaints about his situation. His current room at the hospital is unbearably filthy. As at the previous facility, Mr. Towell continues to need assistance with his hygiene and bodily functions. The potential for aggression remains high.
Dr. Gojer advised that the hospital has made several applications to various long-term care facilities. Three of the applications have come back. Each was rejected.
Mr. Towell would like to get a motorized wheelchair. However, this has not yet been authorized by the occupational therapist. Unless Mr. Towell funds it himself, which would be difficult for him, he is not likely to obtain one.
On the FAU, Mr. Towell requires total care for his physical needs. This presents him with yet another source of frustration and ongoing complaints.
Dr. Gojer testified that Mr. Towell will experience psychosis and higher levels of aggression if he does not take his psychiatric medications. Even when Mr. Towell does take medication, there remain times when he is simply angry and will experience outbursts. While these outbursts may be few and far between, they are nevertheless very forceful. In Dr. Gojer’s opinion, Mr. Towell presents a significant risk to the safety of others.
Dr. Gojer explained that, since last year, he has noticed a slow deterioration in Mr. Towell’s physical state along with increased weight. Mr. Towell does not want to exercise, nor does he want to take medication to control his weight. It is possible that Mr. Towell may lose the ability to lash out as his overall mobility declines. However, Dr. Gojer explained, “That is not where we are now.”
Dr. Gojer has a good relationship with Mr. Towell. Efforts are being made to assist Mr. Towell with pain control. They have tried everything, including various pain medications, going up to Dilaudid. However, Mr. Towell is not getting any relief. Some of his health care providers feel Mr. Towell’s discomfort and pain may be partly psychologically based.
Speaking further about the patient’s potential for violence, Dr. Gojer stated that without medication, Mr. Towell is likely to become violent within a week. His risk of violence is also highly contextual: it can depend on who happens to be around him and whether he is in more pain or less pain.
Counsel for the Attorney-General, Mr. Wright asked a few questions. Dr. Gojer stated that Mr. Towell is presently stable in terms of his mental illness. He presents a risk to caregivers and to others on the unit. Dr. Gojer agreed that the risk factors will only increase were Mr. Towell to be granted an absolute discharge. Keeping the detention order in place would permit the hospital to return Mr. Towell should he become aggressive.
Dr. Gojer added that if Mr. Towell were granted an absolute discharge, and if things did not go his way, Mr. Towell would likely stop taking medication and then quickly decompensate, to the point where he would become aggressive.
Dr. Gojer is of the opinion that should Mr. Towell be admitted to a long-term care facility, he does not see Mr. Towell agreeing to continue taking his medication. Regarding tools available under the Mental Health Act, on a Form 1, if this were used, Mr. Towell would be kept in hospital for only a short time, to then soon be sent back to the same long-term care home. This would leave the risk situation unaddressed.
Dr. Gojer explained that when Mr. Towell had his own apartment, with many health professionals assisting, they just could not keep doing it anymore. Currently, in Dr. Gojer’s opinion, his continuing issues are not likely to resolve at all, including his medical problems and problems relating to psychosis and behaviours.
Dr. Gojer added that Mr. Towell has no alternative placement to the hospital. At any other care facility, the moment things break down, he will be told to leave, or the police will charge him.
Responding to questions posed by Board members. Dr. Gojer advised that Mr. Towell has more recently given up his appeal of the ROP eviction. The treatment team is of the view that he presents a risk to persons at that facility and at those other long-term care facilities which have already turned him down, due to aggression.
The parties presented no further evidence.
Submissions of the Parties
Counsel for the Attorney-General, Mr. Wright, agreed with the hospital position that significant threat was made out and that the current detention order represents the least onerous and least restrictive available disposition.
On behalf of her client, Ms. Munsterman advised that Mr. Towell wishes to receive an absolute discharge. This comes from his ongoing frustration and personal difficulty of having had to live under the ORB for many years. Mr. Towell wants to have that obstacle taken away.
Conclusions and Disposition
Notwithstanding Ms. Munsterman’s able and succinct presentation, the Board finds that Mr. Donald Towell continues to represent a significant threat to the safety of the public. We accept the evidence of the hospital as provided by Dr. Gojer on every point.
Mr. Towell’s condition involves a severe mental disorder, Schizoaffective Disorder. Over the years, and as recently as in late 2024, it saw him act with serious violence to others.
Mr. Towell’s violence comes on suddenly and is unprovoked. He remains physically capable of acting with quick and alarming force, putting co-patients and staff members at risk of being assaulted, to the point of causing them serious injury.
The evidence satisfies us that the same determination arrived at by last year’s panel continues to apply. This was noted in the Board’s Reasons for Disposition dated September 16, 2024, at para. 30.
Mr. Towell has a long history of a mental illness along with aggressive behaviours. As he is aging, and his mobility is somewhat compromised, his aggression has been more verbal and physical. He has however been difficult to medicate and often has refused to take his medication. His insight into his illness is poor. Absent oversight from the ORB and the hospital, his condition is likely to deteriorate very quickly, and he can be explosively violent.
- Similarly, we also find that the Board’s more recent conclusions, as set out in the ROL Reasons for Decision, dated June 9, 2025, continue to apply. As noted in those reasons at para. 17:
Mr. Towell suffers from a major mental illness, chronic pain, diabetes, obesity, and mobility limitations. He has no insight into his major mental illness and has a history of opposition to recommended medications. He requires support and encouragement when it comes to taking his antipsychotic medications. The level of assistance he requires on a daily basis, coupled with the difficulties he has socially make him vulnerable in all but highly supported environments. Placement in a shelter-setting would not be appropriate and would offend all the objectives set out in Section 672.54 of the Criminal Code.
It is understandable that Mr. Towell wants to live on his own outside the hospital setting. However, given the extent of his documented physical limitations and mental health needs, such an option has no basis in reality.
While we understand Mr. Towell’s frustration at having to remain in hospital, no alternative seems available other than to invest the hospital with the ability to select and to approve his future accommodation, should a suitable placement in the community be found.
We were advised that the hospital continues to explore all possible housing options available to Mr. Towell, including at facilities outside Ottawa. We can only recommend that the hospital keep up their best efforts in this regard.
With these considerations in mind, the Board finds that Mr. Towell continues to present a significant threat to public safety. His condition still requires management under terms of a detention order. The current detention order already offers him the possibility of living in the community in hospital-approved accommodation, as both counsel are aware.
The Board was not presented with any evidence or request concerning possible changes to the existing disposition. Accordingly, having regard to the primary need to protect the public, and balancing Mr. Towell’s mental condition, his reintegration and other needs, a renewed detention order will issue.
We thank the parties and both counsel for their assistance.
DATED this 8th day of January 2026, at the City of Toronto, in the Toronto Region.
Mr. P. Hageraats
Alternate Chairperson
Office of the Registrar
Ontario Review Board