Ontario Review Board
Re: Daniel Pancer
ORB File No: 8644
Hearing held on: Wednesday, December 3, 2025
Place of hearing: Waypoint Centre for Mental Health Care
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: Daniel Pancer Counsel: Ms. I. Grant (via Zoom)
The person in charge of hospital: Representative: Ms. M. Kraftscik
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated January 2, 2026)
Introduction
On October 8, 2024, Daniel Pancer was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault with a weapon (x2), assault cause bodily harm, and fail to comply with probation, contrary to the Criminal Code of Canada (the “Criminal Code).
Mr. Pancer is currently subject to a disposition of the Ontario Review Board (the “Board”) dated December 4, 2024, detaining him at the High Secure Provincial Forensic Programs, Waypoint Centre for Mental Health Care, with privileges up to and including the ability to access hospital grounds privileges beyond the secure perimeter escorted by staff.
On December 3, 2025, a panel of the Board convened to review Mr. Pancer’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Pancer was present at his hearing and was represented by counsel throughout the proceedings.
The issues to be determined are whether Mr. Pancer continues to pose 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 s. 672.54 of the Criminal Code.
At the commencement of the hearing, the representative for the hospital submitted that Mr. Pancer remains a significant threat to the safety of the public and that his threat no longer requires detention at a maximum secure facility and that he should be transferred to the Forensic Program of the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”). Counsel for the Attorney General and counsel for Mr. Pancer agreed with the hospital’s submission. All parties maintained their respective positions in closing submissions.
For the reasons set out below, the Board finds Mr. Pancer continues to represent a significant threat to the safety of the public and that he should be detained at Ontario Shores on the Forensic Program with privileges as outlined in the formal disposition. Until such time as Mr. Pancer is transferred to Ontario Shores, authority will remain with Waypoint with the same privileges and conditions as currently outlined in his current disposition.
Evidence at the Hearing
- The Board received documentary evidence in the form of a Hospital Report dated October 17, 2025, and marked as Exhibit 1. The Board also heard viva voce testimony from Dr. Mishra, Mr. Pancer’s treating psychiatrist.
Index Offences
- The circumstances of the index offences are excerpted from last year’s Reasons for Disposition, as follows:
“On November 22, 2021 at approximately 12:21pm the accused was walking north on the east side of Yonge Street approaching the Blaze Pizza restaurant located at 4841 Yonge Street when he approached Victim #1. Out of nowhere, the accused begins to strike victim #1 about her head with a red metal broom handle. The accused then fled north on Yonge Street.
At approximately 12:27pm, the accused attended 6 Forest Laneway where, using the same red metal broom handle, he struck Victim #2 at the top of her head and struck Victim #3 in the right side of her face.
The accused was identified by Victim #3 who works for the building management at 6 Forest Laneway and is familiar with the accused because he is a resident.
The Hospital Report outlines Mr. Pancer’s history and background and need not be repeated in detail. In brief, Mr. Pancer is 44 years old. Mr. Pancer did well academically but struggled socially in school. He was described as a loner and was bullied throughout his childhood. After high school, Mr. Pancer obtained a scholarship and attended the University of Toronto for one year. He then decided to pursue a career in musical theatre, but this was short lived. He then returned to university and completed a bachelor’s degree in psychology. Mr. Pancer has a limited employment history. Mr. Pancer is primarily supported financially from his grandfather’s estate. He is single with no dependants.
Mr. Pancer has a long history of crystal methamphetamine use. He also reports heavy use of marijuana (cannabis) starting when he was 17 years old. In addition, Mr. Pancer reports cocaine (powder and crack cocaine) use, and having experimented with oxycodone, psilocybin (magic mushrooms), LSD and ecstasy.
Prior to the index offences, Mr. Pancer had a criminal record that commenced in 2021, and which includes six convictions for assault with a weapon, three convictions for uttering threats, two convictions for fail to comply with a probation order and one conviction for mischief under $5,000.
Mr. Pancer first admission for psychiatric services was when was 20 years old. Several admissions followed thereafter. On January 13, 2022, Mr. Pancer was admitted to Waypoint for an assessment of his fitness to stand trial on the index offences. On February 16, 2022, he was placed on a treatment order before being fit to stand trial on April 14, 2022. He remained at Waypoint on a keep fit order. On September 27, 2022, a Form 48 was issued to assess Mr. Pancer’s criminal responsibility. On August 2, 2023, he was found NCR. On May 29, 2024, the verdict was set aside on appeal. Unfortunately, as Mr. Pancer’s appeal was progressing through the courts, he experienced a severe deterioration in his mental state that ultimately resulted in him becoming unfit to stand trial again. On July 10, 2024, a further treatment order was issued. On August 13, 2024, Mr. Pancer was restored to a state of fitness and was found NCR on October 8, 2024. He has remained at Waypoint since that time.
Mr. Pancer is diagnosed as suffering from schizoaffective disorder, bipolar type, and stimulant use disorder. Mr. Pancer is treatment capable.
Evidence and Analysis
The Board accepts the testimony of Dr. Mishra as supported by the Hospital Report and finds that Mr. Pancer continues to represent a significant threat to the safety of the public. The Board notes that all parties are in agreement on this issue.
While Mr. Pancer’s mental state has remained stable throughout the year in review, his stability is in the context of a highly structured environment. The Hospital Report indicates that when Mr. Pancer is well for extended periods, he is vulnerable to loosing insight into the relationship between his state of wellness and the role of psychiatric medication to maintain that wellness. The Hospital Report goes on to state that, “When Mr. Pancer is medication non-compliant or not appropriately treated, he is amongst the most psychiatrically unwell individuals at our facility.” Given Mr. Pancer’s lengthy history of mental illness, poor compliance with treatment, vulnerability to substance use and violent behaviour when unwell, the Board is in agreement with the parties that Mr. Pancer continues to require the support and structure of the Board to maintain his recovery and to manage his risk to the safety of the public.
The Board further finds that Mr. Pancer no longer requires the structure of a maximum secure forensic hospital to manage his risk. Since his finding of NCR, Mr. Pancer was residing on the forensic assessment program. However, on April 16, 2025, he was transferred to the Beausoleil program. The Beausoleil program is one of the least structured programs at Waypoint. Mr. Pancer has continued to do well. Mr. Pancer is described as having good impulse control and judgement and appearing to have good insight into his plan of care. He has not been a management problem and has not required seclusion during the year in review. Mr. Pancer has been involved in programming.
Mr. Pancer suffers with negative symptoms of his illness and medication adjustments have been made during the year, including adding a mood stabiliser to address Mr. Pancer’s low mood. The Hospital Report notes concern regarding Mr. Pancer’s frequent use of as needed medication for anxiety. Going forward the plan is to stabilise his use and explore other strategies to manage his risk, such as psychotherapy.
In November 2024, Mr. Pancer attained a C5 security level and has maintained that level ever since. A C5 security level provides him the highest level of privileges and allows access to a gym, a swimming pool, a canteen area, a patient-run general store, a business office for financial transactions, a spiritual care centre, a central recreation area, and a rehabilitation services area, all within the high secure infrastructure.
Given Mr. Pancer’s progress and that he is now at the highest level of privileges achievable at Waypoint, the Board is in agreement that a transfer to Ontario Shores is necessary and appropriate. Notably, the Rule 13 response from Ontario Shores, supports Mr. Pancer’s transfer to that facility. Furthermore, this will bring Mr. Pancer closer to his family who reside in the Toronto area. The Board notes, that while his family members (specifically his parents) have been fearful of Mr. Pancer in the past, they remain supportive of him and have described the time that Mr. Pancer has been at Waypoint as difficult for them. Mr. Pancer’s parents speak with him weekly by video calls and by telephone. In the Board’s view, facilitating increased contact with Mr. Pancer’s family will serve as a protective factor for Mr. Pancer going forward.
The Board is also in agreement that when at Ontario Shores Mr. Pancer should be detained on the Forensic Program. Mr. Pancer has made significant improvement this year and while it is anticipated that he will be transferred to a secure forensic unit, this will allow for his transfer to a general forensic unit throughout the year should it be clinically warranted. Mr. Pancer will be allowed privileges as recommended by the hospital and Ontario Shores, including that he be able to access the community within 150-kilometer radius of Ontario Shores escorted by staff or accompanied by staff or a person approved by the person in charge. Until Mr. Pancer is transferred to Ontario Shores, authority will remain with Waypoint with the same privileges and conditions as currently outlined in his disposition.
The Board wishes Mr. Pancer well in the year ahead.
Disposition
In making a disposition, the Board must take into consideration the criteria set out in s. 672.54 of the Criminal Code, which is the safety of the public, which is the paramount consideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused.
For the foregoing reasons, the Board finds that Mr. Pancer continues to represent a significant threat to the safety of the public he should be detained at Ontario Shores on the Forensic Program with privileges as outlined in the formal disposition. Until such time as Mr. Pancer is transferred to Ontario Shores, authority will remain with Waypoint with the same privileges and conditions as outlined in his current disposition.
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