Re: Simon Peachey
ORB File No: 8701
Hearing held on: Thursday, January 29, 2026
Place of Hearing: Southwest Centre for Forensic Mental Health Care
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. J. Bradford Dr. L. Lightfoot Ms. K. Tomaszewski Ms. B. Little
Parties Appearing:
Accused: Simon Peachey Counsel: Mr. W. Glover
The Person in Charge Counsel: Ms. J. Zamprogna
Attorney-General of Ontario: Counsel: Mr. D. Rows
AMENDED REASONS FOR DISPOSITION
(Dated February 19, 2026)
Please see underlined changes to original reasons made February 24, 2026. The header has been amended to read: “Simon Peachey - File: 8701”.
Introduction
On September 4, 2004 Simon Peachey was found unfit to stand trial on charges of failing to comply with probation order, failing to comply with a SOIRA (Sex Offender Information Registry Act) Order, and failing to comply with release order (x3), contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board (the Board) dated February 6 2025 finding that he continued to be unfit to stand trial and ordering that he be detained at the Southwest Centre for Forensic Mental Health Care (the Hospital or Southwest) with privileges up to and including residence in the community of southwestern Ontario in accommodation approved by the person in charge.
On Thursday, January 29 2026, the Board convened a hearing to review Mr. Peachey’s disposition pursuant to sections 672.48(1) & 672.81(1) of the Criminal Code. The issues to be determined at the hearing were whether Mr. Peachey continued to be unfit to stand trial and, if so, to determine what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Initial Positions of the Parties
At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital submitted that Mr. Peachey remained unfit to stand trial, likely permanently unfit and that the necessary and appropriate disposition was a detention order with no changes to the current terms and conditions.
Counsel for the Attorney General supported the Hospital position
Counsel for Mr. Peachey indicated that he had met with Mr. Peachey on three different occasions in the recent past and had been unable to obtain meaningful instructions from him and was therefore not able to take a position with respect to the issues before the panel.
Evidence at the hearing
- The evidence at the hearing consisted of the Hospital Report dated December 15 2025 and the oral evidence of Dr. Ardani, Mr. Peachey’s most responsible physician.
Findings:
- For the Reasons that follow, the Board finds that Mr. Peachey continues to be unfit to stand trial and that the necessary and appropriate disposition is a continuation of the current detention order with no changes to the terms and conditions.
Index Offences:
- The circumstances surrounding the index offences as summarized in last year’s reasons for disposition are as follows:
Charge 1 - Fail to comply with probation order
On June 26, 2023, Simon J Peachey appeared in Ontario Court of Justice, London, Ontario before The Honourable Justice C. Sigurdson on the charge of fail to comply with release order x3, contrary to section 145(4) (a), Assault contrary to section s. 266, sexual assault contrary to section 271, fail to comply with undertaking contrary to section. 145 (4) (a), harassment by repeated telecommunication contrary to section 372 (4) of the Criminal Code of Canada. On that date he was adjudged to 18 months probation, in addition to a sentence of imprisonment of 1 day deemed served (PSC of 8 months).
A condition of this Order requires Simon J Peachey to: “Report in person to a probation officer within 3 working days of your release from custody and after that, at all times and places as directed by the probation officer or any person authorized by a probation officer to assist in your supervision.”
On July 4, 2023, Geoff Lucas, probation and parole officer, contacted Salvation Army Centre of Hope and Men’s Mission staff who confirmed no individual identified as Simon J. Peachey was at shelter. The subject never reported to the London Core Probation Office to date. Mr. Peachey has no previous however, due to the nature of his present offences, which includes a sexual assault and assault charge, a warrant is respectfully requested.
Charge two – fail to comply with SOIRA order
On June 26, 2023, the accused in this matter, Simon John PEACHEY (DOB: 1977-Jul-05), was convicted of Sexual Assault under section 271 of the Criminal Code of Canada. SMITH was issued a Form 52 "Order to Comply With the Sex Offender Information Registration Act" for a period of 10 years by the Ontario Court of Justice in London, Ontario.
One condition of this order was:
"1. You must report for the first time, in person, to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act located at 80 Dundas St, London ON that serves the area in which your main residence is located, whenever required under subsection 4(1) of the Sex Offender Information Registration Act. You shall report within 7 days after (a) the order is made. (non-custodial sentence for designated offence(s)) Report by 05-Jul-2023
The accused was not given a custodial sentence.
The accused failed to attend a registration centre before this date for the purposes of his initial registration as required under the order. The accused still had not registered on the date this charge was laid, July 12, 2023. This was in violation of the Order made by the Court.
There is no record on the National Sex Offender Registry to show that the offender registered with a registration centre anywhere in Canada.
Charge 3 - Fail to comply with release order
On December 29, 2023, the accused, Simon Peachey, was released on a Release Order Entered into Before a Judge or Justice of the Peace in relation to the following charges:
Breach of Probation contrary to section 733.1(1) of the Criminal Code. Fail to Report as Required contrary to section 490.031(1) of the Criminal Code.
A condition of the order reads as follows:
"1. Report to the London Police Service in person located at 601 Dundas Street,
London, ON, every Tuesday between the hours of 9:00 a.m. and 4:00 p.m. and sign in as required commencing January 2, 2024"
On January 2, 2024 at approximately 8:26 p.m. PC Armstrong of the London Police Service checked the Bail Reporting Card in the name of Simon Peachey with a date of birth of 1977 July 05 noting there was no signature of the accused.
PC Armstrong is aware when persons are required to sign in, they sign the Bail Reporting Card in their name. The date and time they signed in is also filled in. The officer present when the accused signed in also writes their badge number on the card.
At approximately 8:26 p.m. PC Armstrong contacted the Elgin Middlesex Detention Centre and confirmed the accused was not in provincial custody.
At approximately 8:34 p.m. PC Armstrong contacted Parkwood Hospital who has access to all hospital admissions confirming there was no one by the name of the accused currently admitted to local hospitals.
As such PC Armstrong formed reasonable grounds to believe the accused failed to comply with his release order conditions contrary to section 145(5)(a) of the Criminal Code
Charge 4 - Fail to comply with release order
On December 29, 2023 the accused, Simon PEACHEY, was released on a Release Order Entered Into Before a Judge or Justice of the Peace in relation to the following charges: Breach of Probation contrary to section 733.1(1) of the Criminal Code. Fail to Report as Required contrary to section 490.031(1) of the Criminal Code.
The release order was signed by Justice of the Peace Tammy Waugh and included the following condition:
"Report to probation by January 4th 2024 of your release and thereafter as required".
On January 5th 2024 probation officer Simon Protopapas contacted the London Police Service to report that the accused had not shown up for his scheduled meeting as required by his release order. All accused who attend or phone call, are logged on the system and the accused is not registered.
Constable Bouw observed that the accused was wanted for failing to attend London Police Headquarters to sign his bail card. On January 2nd 2024 a warrant was applied for by PC Armstrong. Elgin Middlesex Detention Centre, shelters and hospitals were checked on that date with negative results. Probation and Parole was notified of this warrant application as he was scheduled to meet with them on January 4th 2024.
Constable Bouw formed grounds to charge the accused with failing to report to probation.
The accused is currently transient in nature and there are no known addresses to check for the accused. As a result, a warrant has been applied for.
The accused was identified by London Police local mugshot.
As a result of this investigation the accused is charged with one count of failing to comply with release order contrary to section 145(5)(a) of the Criminal Code of Canada. "
Background Information Regarding the Accused:
As of the date of the hearing, Mr. Peachey was 48 years of age. He was born in Manchester, England and immigrated to Canada with his family when he was three or four years of age. After completing high school, he entered into a four year apprenticeship program as well as a truck driving school. Mr. Peachey was subsequently employed for a number of years as a truck driver.
Mr. Peachey has been diagnosed with Huntington’s disease (HD) and as a result has developed cognitive deficits and frontal lobe dysfunction. Due to this he was no longer able to continue in his occupation as a truck driver.
Mr. Peachey entered into an intimate partner relationship which lasted from the time he was 18 to the time he was 25 and two sons were born. He separated from his partner due to her dependence on prescription opioids which resulted in her death in 2016. He was a single father for a number of years and then entered into a further relationship with the victim of the assault and sexual assault convictions on his record. That relationship lasted 13 years and a son and daughter were born. His partner left with the children several years prior to the incidents leading to his outstanding charges.
Substance Use History
Mr. Peachey began drinking alcohol at the age of 16 but states that he stopped heavy drinking when he was 25 and his drinking became more socially oriented and would drink alcohol only a few times a year.
Mr. Peachey started to use cannabis around the age of 16 and continued up until the time of his arrest with respect to his outstanding charges. He stated that his family doctor has prescribed cannabis for the treatment of his HD.
Legal History:
- Mr. Peachey has a criminal record including convictions for Breach of Court Orders (x4), Harassing Communications, Assault and Sexual Assault. All of the convictions are domestic related.
Psychiatric History
- Mr. Peachey’s first psychiatric admission was in March 2018 when he was admitted for one day after an attempted suicide. In February 2021 he was admitted to hospital for a week
subsequent to a further suicide attempt by injecting insulin after his ex-partner had taken their children from his home. During the admission he did not present with any psychotic symptoms and was diagnosed with adjustment disorder with depressed mood.
Current Diagnosis
- Mr. Peachey’s current diagnoses are:
Psychotic Disorder Due to Huntington’s Disease
Major Neurocognitive Disorder Due to Huntington’s Disease with Behavioural Disturbance
Rule Out Cannabis Use Disorder
Evidence of Dr. Ardani
- Dr. Ardani indicated that:
He was Mr. Peachey’s attending physician and had reviewed and adopted the contents of the Hospital Report. He noted by way of an update to the Report that there had been a significant decline in Mr. Peachey’s cognitive functioning since the completion of the Hospital report. He had found Mr. Peachey to be incapable of all treatment decisions on January 27, 2026.
Given Mr. Peachey’s state of cognitive decline, he did not believe that there was anything that the Hospital could do to assist counsel in getting instructions from Mr. Peachey. He noted that Mr. Peachey had no place to live, no family members who could assist him and continued to be fixated on the belief that he was in custody as a result of loitering at a Tim Hortons.
He had last assessed Mr. Peachey’s fitness on January 26 and found that there had been no change. He continued to espouse delusional beliefs. In his professional opinion, Mr. Peachey was permanently unfit and that there was no treatment available which could assist in terms of bringing him to fitness.
Analysis and Conclusion, Fitness:
Although the issue of Mr. Peachey’s unfitness was not contested at the hearing, the Board nevertheless makes an independent finding that the evidence clearly establishes that Mr. Peachey continues to be unfit to stand trial and is likely permanently unfit.
Mr. Peachey suffers from a Major Neurocognitive Disorder Due to Huntington’s Disease with Behavioural Disturbance which has had a significant impact on his cognitive abilities. There has also been further decline in his cognitive abilities recently resulting in a finding of incapacity with respect to all treatment decisions. Counsel has been unable to obtain instructions from him despite considerable effort and the evidence of Dr. Ardani is that there is no treatment available which might assist in Mr. Peachey attaining fitness. Mr. Peachey continues to be fixated on a belief that he is in hospital as a result of loitering at a Tim Hortons and has no understanding of the nature of his outstanding charges.
Analysis and Conclusion Necessary and Appropriate Disposition
- The Board also finds that the evidence clearly supports a finding that the necessary and appropriate disposition is a continuation of the current detention order without change. The most recent HCR 20 assessment notes that:
Overall, Mr. Peachey is considered a low to moderate risk for violence in the next 12 months if he were to be managed on a detention disposition. If he were granted a more liberal disposition, such as a conditional discharge, his risk for violence would increase to high.
- The Overall Clinical Assessment of Risk at pages 39 and 40 of the Hospital report which the Board accepts states:
A detention order remains necessary in Mr. Peachey’s case due to his persistent psychotic symptoms, lack of insight, and the progressive nature of HD. He continues to experience fixed delusions, disorganized thinking, and impaired judgment, all of which significantly limit his ability to engage in treatment independently or adhere to supervision requirements. He does not recognize the need for psychiatric care or medication and would not seek or maintain mental health supports outside of a structured environment. His belief that he can return home and live independently is unrealistic and unsupported by his current level of functioning. Furthermore, his lack of insight into the circumstances surrounding his index offence presents a continued risk of reoffending if not closely monitored. Given the anticipated cognitive decline associated with HD, Mr. Peachey will require increasing levels of support and supervision. A conditional discharge would not provide the necessary safeguards to ensure public safety or continuity of care. Therefore, continued detention under forensic supervision is essential to manage risk, support his complex needs, and ensure appropriate oversight.
- Accordingly, the Board finds that Mr. Peachey continues to be unfit to stand trial and is likely permanently unfit. The Board also finds that the necessary and appropriate disposition is a continuation of the current detention order without change.
DATED this 19th day of February 2026, at the City of Toronto, in the Toronto Region.
Robert Bigelow
Alternate Chairperson
Office of the Registrar
Ontario Review Board