Re: Rolland Robitaille
ORB File No: 7238
Hearing held on: Friday, December 5, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. P.L. Darby Dr. G. Kerry Ms. A. La Viola Ms. D. Smith
Parties Appearing:
Accused: Rolland Robitaille Counsel: Ms. C. Whillier (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 14, 2026)
Introduction
On October 5, 2017, Rolland Robitaille was found not criminally responsible on account of mental disorder on charges of repeatedly communicating directly or indirectly with a person, repeatedly following other person from place-to-place, and mischief under $5000, all contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board (“ORB”/“the Board”) discharging him with conditions, including that he reside within the catchment area of Waypoint Centre for Mental Health Care, Penetanguishene (“Waypoint”/“the hospital”) and that he abstain from the non-medical use of alcohol or drugs, cannabis or any other intoxicant.
On December 5, 2025, the Board convened a hearing for the annual review of Mr. Robitaille’s disposition pursuant to s. 672.81(1) of the Criminal Code. Through his counsel, Ms. Whillier, Mr. Robitaille asked to be excused from attending his hearing as he did not wish to drive in the inclement weather. Ms. Whillier indicated that she has received instructions and was prepared to proceed. There being no objection from the other parties, an order was made under s. 672.5(10) of the Criminal Code.
At the outset of the proceedings, all parties submitted that Mr. Robitaille remains a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current conditional discharge except for a change in the reporting requirement from once every two weeks to once every month.
Findings
- For the reasons that follow, the panel found that Mr. Robitaille remains a significant threat to the safety of the public and the necessary and appropriate disposition is a discharge with the conditions as recommended by the parties.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated October 17, 2025, and the viva voce evidence of Dr. Ismail, Mr. Robitaille’s treating psychiatrist.
The Index Offences
- The circumstances surrounding the index offences were outlined in last year’s Reasons for Disposition, as follows:
“On August 27, 2017, Robitaille attended the Esso Station located at 135 Nobel Road in McDougall Township, where his ex-girlfriend is an employee. Robitaille entered the store and walked through the employee door, into the back office, and began to speak to his ex-girlfriend, asking her to take him back, telling her he missed her, and attempting to kiss her. She pushed Robitaille out of the office. Robitaille walked outside the store. His ex-girlfriend called 911 and closed the employee door leading to the area behind the counter. Robitaille entered the store again and, seeing the employee door was closed, jumped over the counter, and attempted to enter the back office again. When the police arrived, Robitaille was upset and agitated, stating he missed his ex-girlfriend and wanted to resume the relationship with her. A trespass notice was prepared and served to Robitaille. He was escorted off the property and stated he understood the consequences and he continued to harass his ex-girlfriend as previously reported to police.
On August 28, 2017, Robitaille approached his ex-girlfriend’s motor vehicle at the Tim Hortons on Mall Drive in Parry Sound. He was in an agitated state and started to yell at her, causing a hold-up in the line. She collected her purchase at Tim Hortons. He again approached her motor vehicle at the lights on Mall Drive and Joseph Street. He was on foot and stood in front of her vehicle. He told her that he would follow her to North Bay. She phoned the police and attended to give a statement. Robitaille was contacted by phone and turned himself into the detachment, where he was arrested for criminal harassment. He was detained in a cell and the toilet was overflowing and water was on the floor. He admitted shoving a paper cup down the toilet and clogging it, and he was charged with mischief.”
Background Information
The Hospital Report contains a significant amount of information about Mr. Robitaille’s personal background and psychiatric history that need not be reviewed in detail in these reasons but for the following material points. Mr. Robitaille is a 50-year-old man who was born in Lafontaine, Ontario. He witnessed his father being physically abusive towards his mother. His parents divorced when he was a child and he, his two sisters, and his mother moved to Parry Sound. Mr. Robitaille stated that he learned as an adult that he is Metis. He stated that his paternal grandmother is native. Mr. Robitaille now has his Metis card. He currently resides with his mother in Parry Sound.
Mr. Robitaille experienced difficulty in high school due to the onset of issues with his mental health. He completed a 10-week welding course and successfully worked as a welder for eighteen years.
Mr. Robitaille has reported that he started drinking alcohol and smoking marijuana at the age of 15. He admitted to using marijuana the night before his arrest for the index offences.
Mr. Robitaille’s first psychiatric assessment was in 1992. He was noted to have flight of ideas and violent outbursts. He damaged hospital property. His discharge diagnosis was Bipolar Affective Disorder – Hypomania. Since then, he has had16 psychiatric admissions to hospital. Many of these have been involuntary admissions. Mr. Robitaille often presented anxious, fearful, and hypomanic with grandiose affect. At times he was threatening, combative and damaged property. He also was aggressive towards his mother and towards hospital staff and required mechanical restraints. Cannabis use and noncompliance with medication were constant factors.
Following his NCR verdict, Mr. Robitaille was admitted to the Brebeuf program at Waypoint. He remained there until his discharge into the community in May 2018. He resided in a basement apartment in Parry Sound. He received support from the Community Outreach and Support Team (“COAST”) through the Canadian Mental Health Association (“CMHA”) as well as forensic case management support from the Mobile Treatment and Support Team (“MTST”) at Waypoint. He received rent subsidy through CMHA and financial assistance from the Ontario Disability Support Program.
In 2020, MTST staff noticed that Mr. Robitaille’s mental status would fluctuate, especially during certain times of the year. He would become more manic, impulsive and hypersexualized. Due to Mr. Robitaille’s history of unpredictable behaviour when experiencing mania, a decision was made that two MTST staff would attend his home three times a week. The alternative was an admission to hospital to stabilize his mental status. Mr. Robitaille was adamant that he would do anything to avoid a readmission. Mr. Robitaille’s medication was adjusted.
Mr. Robitaille’s fluctuations in mental status continued. During the spring/summer months, his mother and MTST staff would notice that he would display early signs of hypomania. At times, Mr. Robitaille reported grandiose ideas and racing thoughts. MTST increased their visits and Mr. Robitaille’s medications were adjusted and continued to be optimized as needed. Over time, his mental status stabilized.
In May 2024, MTST staff began noticing an elevation in Mr. Robitaille’s mood. They observed impulsive spending, excitability, lability and hypersexuality. Mr. Robitaille exhibited increasing agitation, violent ideation, flight of ideas and pressured speech. Once again, monitoring was increased. Mr. Robitaille’s insight into his decompensation was limited. He was either dismissive of the team’s concerns or became irritable. The team eventually learned that Mr. Robitaille had adjusted the dosage and frequency of his medication himself. He believed that it was too sedating. Unfortunately, he received two eviction notices from his landlord due to his disruption to other occupants in the form of rudeness and belligerence. During this time COAST workers refused to go into his apartment due to safety concerns. They would only meet with him at their office with two staff members present.
On August 1, 2024, Mr. Robitaille was brought to hospital by police pursuant to a Form 1 under the Mental Health Act. His medications were adjusted and his mental state slowly improved. He was discharged back to his apartment on August 27, 2024. However, given the eviction notices, the team searched for a new residence.
Course Since the Last Disposition
Mr. Robitaille’s current diagnoses are Bipolar Disorder and Cannabis Abuse. During the first part of the year in review, Mr. Robitaille continued to reside in his apartment in Parry Sound. In March 2025, the application to have him evicted was dismissed because his landlord did not attend the hearing. However, in July the apartment flooded. He had been residing with his mother up until November 1 when he acquired his own apartment in Parry Sound.
Mr. Robitaille continues to be supported by Waypoint’s Forensic MTST who see him every two weeks. He also sees Dr. Ismail, his treating psychiatrist, every few months or as needed. He has engaged well with the team and has attended all appointments and complied with all requests for blood work and urine screens. All results from urine screens have been negative for prohibited substances.
Mr. Robitaille manages his own medications, picking them up at the local pharmacy every two weeks. He also receives a monthly long-acting injection which is administered by the MTST staff. His mental status has remained stable, with some typical seasonal fluctuations.
Mr. Robitaille enjoys strong family support. He contributes to the running of his mother’s household and assists with property management tasks at another home. He maintains close contact with his two sisters, his father and his grandmother.
The following is Dr. Ismail’s current clinical and composite risk assessment of Mr. Robitaille as found in the Hospital Report, at p. 66:
Mr. Robitaille demonstrates a moderate degree of insight into his mental illness. He acknowledges that his prior hospitalizations were necessary for stabilization during manic episodes and remains generally compliant with his treatment plan. He accepts the need for ongoing pharmacological management and attends scheduled appointments with both his psychiatrist and the Forensic Mobile Treatment and Support Team (FMTST). Nonetheless, his insight remains somewhat fragile. He periodically expresses concern that he may be prescribed “too much” medication, though he has continued to adhere to his regimen. These comments suggest a partial understanding of the chronic nature of his illness and the role of medication in preventing relapse. Based on his clinical history, any deterioration in insight has previously led to rapid destabilization, disinhibited behavior, and aggression. His current level of understanding, while improved, remains dependent on external structure and the support provided through his ORB disposition.
Dr. Ismail testified that Mr. Robitaille’s mental stability is quite fragile. He requires the forensic team’s constant support to manage him in the community. Mr. Robitaille currently is receiving three different antipsychotic medications and a mood stabilizer, all at quite high dosages. Dr. Ismail is continuing to adjust Mr. Robitaille’s medications to address side effects. However, the doctor is mindful that historically even slightly decreasing any of Mr. Robitaille’s medication has resulted in his decompensation. Yet even when complying with the high dosages of medications, Mr. Robitaille has exhibited a seasonal pattern of decompensation, when he either becomes depressed or manic. During those periods, the team finds him much more difficult to manage and he requires significant support.
Dr. Ismail testified that there are limited resources available in Parry Sound. CMHA staff were visiting Mr. Robitaille in his home. Unfortunately, he found that intrusive and decided not to allow them to come to his home. Their support is now limited to subsidising his apartment. As a consequence, Mr. Robitaille’s supports currently are limited to his family and the forensic team.
When asked what he would like to see before recommending an absolute discharge, Dr. Ismail stated, a long period of stability. In the doctor’s opinion, that is going to be very hard for Mr. Robitaille to achieve given his fluctuating mental stability. He has a long history of decompensating in the absence of stressors or changes to his medications. There are no resources in the Parry Sound community that could provide the requisite support.
At the conclusion of the evidence, all parties maintained the joint submission.
Analysis and Conclusion
The panel carefully considered the Hospital Report and the evidence of Dr. Ismail and unanimously found that Mr. Robitaille remains a significant threat to the safety of the public. Mr. Robitaille has a diagnosis of Bipolar Disorder. Even when treated with three anti-psychotic medications and a mood stabilizer, he continues to experience fluctuations in his mental status, that appear to reoccur on a seasonal basis. When he decompensates, he exhibits irritability, agitation, lability and hypersexuality. He loses his insight and becomes a risk to the safety of others. As such, he remains a significant threat to the safety of the public.
Having found that the threshold for significant threat has been reached, the panel must consider the necessary and appropriate disposition taking into account s. 672.54 of the Criminal Code. For the last six years, Mr. Robitaille has been managed in the community successfully on a conditional discharge. However, his supports included regular appointments with CMHA staff to monitor Mr. Robitaille when the forensic team was not available. Those supports are no longer present as Mr. Robitaille has refused them entry into his home. This is concerning.
The forensic treatment team meet with Mr. Robitaille every other week. They are alert to fluctuations in his mental status. Fortunately, Mr. Robitaille also has a good rapport with the team and recently has notified them when he is starting to feel manic. In those circumstances, the forensic team is able to increase its support and oversight and meet more frequently with Mr. Robitaille in Parry Sound. On a day-to-day basis, it is Mr. Robitaille’s family, particularly his mother, who will continue to monitor his behaviour. When Mr. Robitaille shows signs of mania, his mother has alerted the treatment team.
The panel accepts the joint submission for a continuation of the current conditional discharge with a change in the required reporting condition. Mr. Robitaille has a good working relationship with the treatment team. When he is stable, he has good insight. During those periods, he does not require bi-weekly appointments and the more intense support and supervision. However, should he experience a deterioration in his mental status, the treatment team may need to increase monitoring and reporting requirements to ensure that Mr. Robitaille’s risk is managed.
Accordingly, the necessary and appropriate disposition is a discharge with the conditions as recommended and agreed to by the parties.
DATED this 14th day of January 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson
Office of the Registrar Ontario Review Board