Re W. (J.C.G.), 2026 CanLII 12775

Ontario Review Board

Re: W. (J.C.G.)

ORB File No: 3645 Hearing Held On: Tuesday, December 2, 2025 Place of Hearing: Waypoint Centre for Mental Health Pursuant To: Section 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: W. (J.C.G.) Amicus Curiae: Ms. C. Francis (via Zoom) Person in charge of Hospital: Representative: Ms. T. Newman Attorney-General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated February 18, 2026)

OVERVIEW

1W. (J.C.G.) was found not criminally responsible on account of mental disorder on September 26, 2002, for the offence of touch for a sexual purpose, and fail to appear for fingerprints, contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board (“the Board”) dated December 27, 2024, detaining him at the High Secure Provincial Forensic Programs of the Waypoint Centre for Mental Health Care (“Waypoint” or “the Hospital”), with privileges extending to staff-escorted passes on hospital grounds beyond the secure perimeter.

ISSUES

2On December 2, 2025, the Board convened at Waypoint for a hearing further to s. 672.81(1) of the Criminal Code to review the disposition. The Board was asked to determine whether W. (J.C.G.) represented a significant threat to the safety of the public at the time of the hearing, and further, what the necessary and appropriate disposition is in the circumstances according to the factors set out in s. 672.54 of the Criminal Code.

3At the outset of the hearing Amicus Curiae requested that W. (J.C.G.) be permitted to be absent from the hearing. In keeping with previous hearings, W. (J.C.G.) did not want to attend, indicating that it is too stressful for him. Amicus stated that she was able to confirm that W. (J.C.G.) was aware that she would be attending the hearing. The Board issued an order under s. 672.5(10)(a) of the Criminal Code permitting W. (J.C.G.) to be absent during the hearing.

4The Representative for the Hospital and Counsel for the Attorney General submitted their respective views – W. (J.C.G.) continues to represent a significant threat to the safety of the public – agreeing that he continues to require the high secure forensic hospital setting at Waypoint, under the current disposition, with no change. Amicus Curiae did not take a position.

FINDINGS

5After the hearing, the Board found that W. (J.C.G.) continues to experience chronic paranoid delusions, auditory and visual hallucinations, impulsivity, and episodes of agitation, notwithstanding treatment interventions, all contributing to a significant threat to public safety. Therefore, the Board concluded that the appropriate disposition is to maintain W. (J.C.G.)’s detention at Waypoint, as a less secure hospital environment would be inappropriate given his current mental condition, the ongoing need for the administration and compliance with effective treatment, in furtherance of public protection.

BACKGROUND

6The Hospital Report dated October 20, 2025, was entered as an exhibit at the hearing. The following background information, including the events surrounding the index offences has been taken from the Hospital Report, summarized here as follows.

7On January 3, 2002, W. (J.C.G.) was given the care of a 10-year-old boy who had been visiting one of W. (J.C.G.)’s friends. W. (J.C.G.) asked the boy if he wanted to go for a drive in the country. During that drive, W. (J.C.G.) slid his hand underneath the cheek of the boy’s buttocks. He then pulled the car over to the side of the road and lifted up the boy’s coat and touched his genitals. The boy left the car and said he would hitchhike home. W. (J.C.G.) told the boy that if he got back into the car, he would drive him home. Police were contacted and W. (J.C.G.) was charged. He subsequently failed to attend for fingerprinting and photographs as required.

8W. (J.C.G.) is currently 65 years old. He was born in Seaforth, Ontario. W. (J.C.G.) experienced significant challenges during his school years, including bullying and repeated physical abuse. He disclosed that when he was 8 years old, he had sexual contact with a 14-year-old neighbour. As a result of behavioural problems at the time, he attended the Child and Parent Resource Institute in London for approximately a year and a half.

9W. (J.C.G.) began consuming alcohol at the age of 8, with continued use throughout high school. His alcohol abuse reportedly resulted in blackouts, morning tremors, hallucinations, and behavioural difficulties.

10After completing high school, he enrolled at the DeVry Institute in Toronto, where he studied electronics and later worked with computer networks. As his illness progressed, he was eventually terminated from his employment. He married in 1992 and had two daughters. Throughout the marriage, he faced multiple psychiatric hospitalizations. In 1995, he was charged with assaulting his wife, and the marriage ended after approximately five years.

11A check of the Canadian Police Information Centre database showed that W. (J.C.G.) had a series of offences between 1985 and 2001, including convictions for assault related offences, resulting in suspended sentences with probation, conditional discharge and other charges that were withdrawn.

12W. (J.C.G.)’s psychiatric history includes numerous admissions to various hospitals. After being found not criminally responsible, W. (J.C.G.) was detained at the Southwest Centre for Forensic Mental Health Care. His symptoms included delusions, auditory hallucinations, and paranoia, all of which impacted his behaviour and decision-making. However, he managed to achieve the available privilege levels. By 2015, he was exercising indirectly supervised passes in the community and attending weekly church services.

13W. (J.C.G.) remained compliant with medication until 2018 when he refused his oral medications due to the belief that they were toxic. W. (J.C.G.)’s mental and physical health began to decline further. By May 2018, he was reclusive, refusing to eat and not exercising his indirectly supervised passes. In addition, he engaged in an increasing number of high-risk behaviours with a young male co-patient. He also made a number of attempts to abscond from the unit.

14In 2020, W. (J.C.G.) assaulted a co-patient. In 2021, he assaulted staff on a number of occasions and continued his exit seeking behaviours. He was transferred to Waypoint in May 2021. His placement in the Beausoleil Program began in 2022. Treatment with Electroconvulsive Therapy (ECT) began in June 2024. Staff and family members noted that he has since been less confused and more engaged in conversations.

15W. (J.C.G.)’s current psychiatric diagnoses are Schizoaffective Disorder, Substance Use Disorder (in remission), and Paraphilia (Pedophilia – Non-exclusive Type). He has been found incapable of making decisions about his medical treatment, but he is capable of managing his finances. His sister is the substitute decision maker for treatment decisions. W. (J.C.G.) receives a personal needs allowance from the Ontario Disability Support Program.

CURRENT COURSE

16W. (J.C.G.) remains on the Beausoleil unit under the care of Dr. A. Mishra. He continues to experience chronic paranoid delusions, hallucinations (visual and auditory), despite the administration of two long-acting injections. During the review period, he has required five periods of seclusion lasting from one to five days maximum, due to significant incidents involving co-patients, and incidents occurring during his sessions with ECT. His privileges have reached levels C3 and C4 (up to 3 hours independent off-unit access to certain areas), however there has been a decrease due to the requirement for seclusion.

17Therapeutically, W. (J.C.G.) typically stays in his room, but he has attended more activities this reviewing year. Conversations about the administration of clozapine continue, however, W. (J.C.G.) remains unwilling to take any oral medication.

EVIDENCE AT THE HEARING

18The evidence included comprehensive testimony from Dr. Mishra regarding W. (J.C.G.)’s current mental health status and behaviour, as outlined in the Hospital Report.

19Dr. Mishra testified that there have been no significant changes in W. (J.C.G.)’s clinical presentation. W. (J.C.G.) is transported in restraints for his ECT sessions. Overall, the ECT treatments have been proceeding reasonably well, though W. (J.C.G.) is at times reluctant to attend, and occasionally staff are more forceful in encouraging compliance due to fluctuations in W. (J.C.G.)’s behaviour (angry and aggressive), specifically after restraints are removed. His engagement with the team remains mainly unstable. At times, he participates in group activities, and he can display a sense of humour. At other times, he is observed speaking to himself, pacing the corridors, and making bizarre comments, apparently responding to internal stimuli.

20In addition, W. (J.C.G.) continues to experience persistent delusional beliefs, particularly regarding the presence of a perceived implanted chip in his body. Dr. Mishra recounted an incident following an ECT session in which W. (J.C.G.) became agitated in recovery, pointed to his abdomen, and demanded that staff remove the ‘chip.’ This belief remains present, as W. (J.C.G.) recently asked an ECT physician whether it would be removed during treatment.

21W. (J.C.G.) continues to experience auditory hallucinations, episodes of agitation, and impulsive behaviour. Dr. Mishra testified that there is an underlying risk of violence, which is currently managed through the structured environment and ongoing ECT treatment.

22After further inquiries, Dr. Mishra addressed medication management. W. (J.C.G.)’s substitute decision maker is anxious about authorizing additional medications. W. (J.C.G.)’s previous medications were discontinued due to fluctuating platelet counts, which historically have fallen significantly below normal levels. More recently, his platelet levels have remained below the lower limit of normal. Also, he continues to refuse most oral medications, however he does request a low dose medication, primarily to assist with sleep.

23In summary, Dr. Mishra testified that W. (J.C.G.)’s ongoing symptoms – including impulsivity, agitation, unpredictability, and psychotic features – are predominantly managed by the maintenance of the ECT treatment. The risk to public safety is contained by the high secure setting at Waypoint, and the current treatment measures in place.

SUBMISSIONS

24The Hospital (with Counsel for the Attorney General in agreement) maintained its initial position. W. (J.C.G.) poses a significant risk to the safety of the public, which is presently managed primarily through environmental controls. W. (J.C.G.)’s participation remains unstable, and he has recently displayed agitation and anger, despite ongoing treatment. He continues to experience significant psychotic symptoms, and the continuation of the ECT sessions is considered necessary to maintain his mental stability.

25Amicus Curiae noted that the Hospital Report reflected some improvement in W. (J.C.G.)’s mental state. Staff observations describe him as having a good sense of humour and some positive interpersonal interactions, which were identified as meaningful indicators of progress. Acknowledgement was given to Dr. Mishra, the treatment team, and W. (J.C.G.) for these developments.

ANALYSIS AND CONCLUSION

(a) Significant Threat

26The Board must first determine whether W. (J.C.G.) continues to pose a significant threat to the safety of the public as defined in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. Based on the totality of the evidence, including the testimony of Dr. Mishra, and recent clinical findings, the Board has determined that W. (J.C.G.) continues to pose a significant threat to public safety.

27The evidence establishes a longstanding and complex psychiatric history. W. (J.C.G.) continues to experience chronic paranoid delusions, auditory and visual hallucinations, impulsivity, and episodes of agitation, notwithstanding extensive treatment interventions. Of particular concern is the persistence of fixed delusional beliefs, including the belief that an implanted chip is present in his body, which continues despite maintenance with the ECT sessions, and medication compliance (although limited). These symptoms have led to unpredictable behaviour, which contributes to an underlying risk of violence. Key factors also include W. (J.C.G.)’s history of aggression, including assaults on co-patients and staff, as well as repeated exit seeking behaviours, that ultimately resulted in his transfer to Waypoint. During the review period, W. (J.C.G.) required multiple periods of seclusion, and he was involved in significant incidents with co-patients. Taken together, these factors collectively contribute to the conclusion that the risk he poses to public safety remains current and ongoing, though presently managed, albeit with the use of seclusion, when necessary, within a highly structured environment.

(b) Necessary and Appropriate

28The Board must next determine the disposition that is necessary and appropriate in the circumstances. The disposition must embrace the principle of the ‘least onerous and least restrictive’ outcome, with due consideration given to W. (J.C.G.)’s liberty interests, which must also be consistently weighed together with the protection of the public, his mental condition, and his reintegration into society, and his other needs as required by s. 672.54 of the Criminal Code.

29W. (J.C.G.)’s risk to public safety is currently contained primarily through environmental controls, including the high secure forensic setting at Waypoint and the ongoing administration of ECT. While the ECT sessions have resulted in some improvement in engagement with the treatment team, W. (J.C.G.)’s presentation remains unstable, with demonstrated changes in mood, anxiety, and psychotic symptoms. Although W. (J.C.G.) has, at times, demonstrated improved participation in activities, and there have been some positive interpersonal interactions, these gains are not consistently maintained, resulting in the use of seclusion and reductions in his privilege levels. His refusal of most oral medications, combined with medical limitations affecting long acting injectable options, further constrains the available treatment options.

30Taking into account W. (J.C.G.)’s mental condition, treatment needs, risk profile, and the paramount consideration of public safety, the Board concludes that the existing disposition remains the least onerous and least restrictive option available. The Board is satisfied that less secure hospital settings or increased community access would not adequately mitigate the risk posed by W. (J.C.G.) at this time because his symptoms require close monitoring within a highly structured therapeutic environment. The evidence does not support a conclusion that his risk could be safely managed outside of the high secure program at Waypoint. Continued detention at Waypoint, under the current disposition and privilege structure, is necessary and appropriate in the circumstances.