Re: Michael A. Reid
ORB File No: 8335
Hearing held on: Wednesday, December 3, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. J. Mills
Members: Dr. P.L. Darby
Dr. G. Kerry
Ms. A. La Viola
Ms. D. Smith
Parties Appearing:
Accused: Michael A. Reid
Counsel: Mr. J. Kopman
The person in charge of hospital: Representative: Ms. T. Newman
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated January 2, 2026)
Introduction
On June 27, 2023, Michael A. Reid was found unfit to stand trial on charges of robbery, assault (x2), assault causing bodily harm (x3), assault a peace officer (x5), and assault with intent to resist arrest, contrary to the Criminal Code of Canada (the “Criminal Code”).
Mr. Reid is currently subject to a disposition of the Ontario Review Board (the “Board”) dated December 30, 2024, detaining him within the Forensic Service at the Centre for Addiction and Mental Health (“CAMH”), with privileges up to and including the ability to enter the community within the CAMH catchment area, indirectly supervised. Until such time as Mr. Reid is transferred to CAMH, the authority remains with the High Secure Forensic Programs Division-Waypoint Centre for Mental Health Care (“Waypoint”), with privileges to access the hospital grounds beyond the secure perimeter escorted by staff.
On December 3, 2025, a panel of the Board convened to review Mr. Reid’s disposition pursuant to s. 672.48(1) and 672.81(1) of the Criminal Code. Mr. Reid was present for his hearing and was represented by counsel throughout the proceedings.
The issues to be determined are whether Mr. Reid is unfit to stand trial and whether he is likely permanently unfit. If permanently unfit, the Board must determine whether he is a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
At the commencement of the hearing the representative for the hospital, submitted that Mr. Reid is fit to stand trial and should be returned to court. Counsel for the Attorney General and counsel for Mr. Reid wished to hear the evidence before taking a position. In closing submissions, the hospital maintained their initial position. Counsel for the Attorney General and counsel for Mr. Reid agreed with the hospital’s submission.
For the reasons set out below, the Board finds that Mr. Reid is fit to stand trial and must be returned to court.
Evidence at the Hearing
- The Board received documentary evidence in the form of a Hospital Report dated November 7, 2025, and a Fitness Assessment Reports from November 12 and November 19, 2025, and marked as Exhibits 1 to 2 respectively. The Board also heard viva voce testimony from Dr. Hudson, Mr. Reid’s treating psychiatrist.
Outstanding Charges
The outstanding charges are said to have occurred on December 3, December 5, December 6, December 16, December 29 and December 30, 2021. Further offences are alleged to have taken place on May 26, 2022, and January 8, 2023. Details of these offences are contained in the Hospital Report. They include attacks on a bus passenger, inmates at the Toronto South Detention Centre on two occasions, passengers on a subway car on two occasions, and correctional officers at the Toronto South Detention Centre on two occasions.
The Hospital Report contains limited information regarding Mr. Reid’s history and background. In brief, Mr. Reid is 27 years old. He reports having been born in Toronto but chose not to provide additional information regarding his family. He reports having completed high school and having held some employment as a labourer. There is no known history of a relationship or children. At the time of his admission, he reported being a rapper. Mr. Reid reports having started smoking cannabis when he was 15 years old and that he has smoked it on a regular basis since then. Mr. Reid has a conviction for robbery in 2018.
Following his finding of unfitness, Mr. Reid was admitted to the Forensic Assessment Program (“FAP”) at Waypoint on September 8, 2023. Almost immediately after his admission, Mr. Reid was placed in seclusion due to his presentation and his history of unprovoked assaults. Mr. Reid remained on the FAP until February 28, 2025, when he was transferred to Beausoleil Program, unit A. The Beausoleil Program contains Waypoints least structured units.
Analysis
The Supreme Court of Canada in R. v. Bharwani 2025 SCC 26 has recently held that to be fit to stand trial an accused must be able to make reality-based decisions in the conduct of their defence and intelligibly communicate these decisions to counsel or the court. This requires a reality-based understanding of the nature or object and possible consequences of the proceedings, as well as an ability to understand the available options and their consequences, and to select between those options when making decisions. The accused is not required to make decisions in their best interests, but cannot be overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder when making and communicating these decisions (para 77). The Court further stated that the key issue in most fitness hearings before the Board is whether the accused’s mental disorder prevents them from conducting a defence (para 33).
Momentary or transient symptoms that prevent an accused from making reality-based decisions will not render the accused unfit if the trial judge utilizes their inherent trial management powers to get the accused “back on track” (para 78). The Court also held that the fitness test is contextual (para 65). In Clayton (Re), 2025 ONCA 308, the Court of Appeal held that the nature of the charges and allegations is important context when applying the fitness test because, “the simpler the case is, the easier it is to understand, appreciate and talk about” (para 11).
The Board accepts the testimony of Dr. Hudson as supported by the fitness progress notes of November 12 and November 19, 2025, and finds that Mr. Reid is fit to stand trial. Dr. Hudson testified that Mr. Reid’s fitness has been assessed throughout the year and was assessed by him again on the day of the hearing. In Dr. Hudson’s opinion, Mr. Reid is fit to stand trial and has likely been fit for several months.
Mr. Reid understands the pleas available to him, the roles of the parties in the court, and more recently has come to understand the nature of an oath and the meaning of perjury. Mr. Reid would be able to consult with counsel and prepare a defence, and he is likely to be able to participate in the court proceedings without accommodation. Previously, there were concerns that Mr. Reid was unable to appreciate some abstract principles but as of the day of the hearing Dr. Hudson had no such concerns.
Dr. Hudson further testified that Mr. Reid has been brought to fitness over time and that there have been several coaching sessions between Dr. Hudson and Mr. Reid. While the “Taylor” questions had been put to Mr. Reid, more nuanced conversations have taken place regarding the nature of the charges and court procedures. Dr. Hudson is of the opinion that Mr. Reid has a reality-based understanding of the charges he is facing and the court process. Notwithstanding, he remains incapable to consent to treatment. If he were not to continue with his medication, he would become unfit.
Having considered the evidence of Dr. Hudson, the direction of the Supreme Court of Canada in Bharwani, and the context in which the charges arose, the Board is in agreement that Mr. Reid is fit to stand trial.
Mr. Reid is currently subject to a disposition of the Board dated December 30, 2024. Mr. Reid will remain subject to the terms and conditions of that disposition until such time as he is returned to court.
DATED this 2nd day of January 2026, at the City of Toronto, in the Region of Toronto.
Ms. J. Mills
Alternate Chairperson
Office of the Registrar
Ontario Review Board