Re Joey Wilkins, 2026 CanLII 12791

Re: Joey Wilkins

ORB File No: 7792

Hearing held on: Tuesday, January 19, 2026

Place of hearing: Thunder Bay Regional Health Sciences Centre

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein

Members: Hon. E. Kruzick

Dr. K. Hand

Dr. J.C. Rose

Mr. R. Rainboth

Parties Appearing:

Accused: Joey Wilkins

Counsel: Mr. G. Iwasiw

The Person in Charge of Hospital: Representative: Dr. P. Schubert

Attorney General of Ontario: Counsel: Ms. R. Derouard

REASONS FOR DISPOSITION

(Dated February 3, 2026)

Introduction

1. On October 22, 2020, Mr. Joey Wilkins was found not criminally responsible on account of mental disorder (“NCR”) on charges of mischief, killing or injuring animals, cruelty to animals, and break and enter, contrary to the Criminal Code of Canada (“Criminal Code”). Mr. Wilkins is currently subject to a disposition of the Ontario Review Board (“ORB” or “Board”) dated January 30, 2025, conditionally discharging him from Thunder Bay Regional Health Sciences Centre (“TBRHSC”) with certain privileges and conditions, up to and including living in the community in accommodation approved by the person in charge. As a result, Mr. Wilkins is currently under the jurisdiction of the ORB.

2. On January 19, 2026, a panel of the ORB convened at the TBRHSC to review the current disposition. The hearing was held in person. Mr. Wilkins appeared by video telecommunication from Balmertown, Ontario. His counsel, Mr. Iwasiw, as well as counsel for the Attorney General, Ms. R. Derouard, appeared by video telecommunication from Kenora, Ontario.

Initial Positions

3. At the outset of the hearing, the parties were canvassed by the Alternate Chair as to their initial positions. On behalf of the hospital, Dr. Schubert indicated that Mr. Wilkins no longer represents a significant threat to the safety of the public and that the hospital was recommending an Absolute Discharge. Mr. Derouard expressed that she wanted to hear the evidence before expressing a position. On behalf of this client, Mr. Iwasiw agreed with the hospital's position.

Issues at the Hearing

4. The issues to be decided on this hearing were a review of Mr. Wilkins’ disposition in accordance with s. 672.81(1) of the Criminal Code and to determine if Mr. Wilkins poses a significant threat to the safety of the public, and if so, the necessary and appropriate disposition.

Findings

5. For reasons that follow, the panel found that Mr. Wilkins no longer poses a significant threat to the safety of the public and that the necessary and appropriate disposition is an Absolute Discharge.

Index Offences

6. On September 22, 2019, Mr. Wilkins was charged with mischief after he smashed the back window of his brother’s car with a paddle and threw various items around the garage, porch, and yard of his family home. Mr. Wilkins’ father reported to police at the time that his son was refusing to take his medication and that he believed his son’s behaviour was the result of his poor mental health.

7. Following the charge in September 2019, Mr. Wilkins was not permitted to return to the family home. He lived at the Shelter House until November 2019, when his parents allowed him to move back. Mr. Wilkins was not taking medication and continued to present with symptoms of psychosis and unusual behaviour. On November 17, 2019, his parents expressed concerns for their safety and contacted the police for assistance. When seen at the emergency department at the Red Lake hospital, Mr. Wilkins was offered antipsychotic medication and a psychiatry referral, which he declined.

8. In early December 2019, Mr. Wilkins was admitted to the Lake of the Woods District Hospital (“LWDH”) after police found him walking along a highway about 30 km from his home. He had been attempting to camp in -20-degree weather. He reported that he had stopped taking his antipsychotic medication after one week as he felt better off medication. In the hospital, he was treated with a low dose of antipsychotic medication. On December 23, 2019, Mr. Wilkins’ diagnosis was psychosis NOS and cannabis abuse disorder.

9. The second index offence occurred on February 5, 2020. A member of the public flagged down police and reported that his rabbits and chickens had been killed at his home in Balmertown. He stated that he removed one of his dead chickens from the mouth of a dog that was with a male, later identified as Mr. Wilkins. When police attended at the complainant’s residence, they found 12 dead rabbits and 7 dead chickens in a tote bin. Mr. Wilkins was subsequently arrested and charged.

10. On arrest, Mr. Wilkins admitted to killing the animals using his bare hands, an ice pick, and a scythe. When police asked for an explanation, Mr. Wilkins responded, “I felt like I had to.”

Background

11. Mr. Wilkins is 29 years old. He is an Indigenous male born in Red Lake and is the third in a sibling line of four. It is reported that there was a change in his behaviour when he started high school, at which time he became less social and was using marijuana frequently. At the age of 20, he stopped attending school and withdrew while he was in grade 11.

12. Prior to the index offences, in March 2019, Wilkins entered one of his former childhood homes uninvited. On that occasion, Mr. Wilkins acknowledged the use of drugs. He was arrested and brought to the hospital in Red Lake. Thereafter, Mr. Wilkins’ parents reported a three-to-six-month deterioration in Mr. Wilkins’ mental state, behaviour, and functioning. Their concerns included observing paranoia, grandiose delusions, auditory hallucinations, and impulsivity.

13. Three weeks after being discharged from the hospital to his parents’ home, Mr. Wilkins was brought back to the hospital emergency department after pushing his father during a conflict. He admitted to not taking his prescribed antipsychotic medication. His urine was positive for cannabinoids.

14. Following the second index offence, after an NCR assessment of Mr. Wilkins, Dr. Klassen completed a Forensic Assessment March 12, 2020, and made a diagnosis of schizophrenia.

Current Diagnoses

15. The Hospital Report sets out Mr. Wilkins’ current diagnoses as:

• Schizophrenia

• Alcohol use disorder

• Cannabis use disorder

Evidence At the Hearing

16. At the hearing, the Board heard the oral evidence of Dr. P. Schubert. Entered as an exhibit was the Hospital Report dated December 3, 2025. Dr. Schubert, who co-authored the report, adopted its contents. Dr. Schubert corrected a typographical error at p. 38 under Current Medication, stating that the first drug in the list should read “Invega Trinza” and not “Invega Sustenna.” In these Reasons, the Hospital Report is only referred to briefly.

17. Doctor Schubert testified that he has been Mr. Wilkins’ psychiatrist since 2020, when Mr. Wilkins came under the ORB.

18. Pursuant to last year’s Disposition, Mr. Wilkins resides in the community of Balmertown, a small community located approximately 6 hours northwest of Thunder Bay. Mr. Wilkins lives there with his parents. He has the support of his family, a local support worker, and the outpatient hospital team.

19. As set out in the Hospital Report, Dr. Schubert stated that Mr. Wilkins has a diagnosis of schizophrenia and, at times, struggled with substance use. When Mr. Wilkins is unwell, he experiences auditory and visual hallucinations, disorganized thinking and behaviours, and delusional thought processes which can be bizarre or paranoid in nature. At the time of the index offences, Mr. Wilkins was actively psychotic.

20. Dr. Schubert opined that since being under ORB and under the care of the TBRHSC, Mr. Wilkins’ mental health has steadily improved over the years. Dr. Schubert reported that Mr. Wilkins made very good progress over the last two years. Dr. Schubert opined that Wilkins is essentially free of psychotic symptoms since clozapine was introduced to Mr. Wilkins’ medications.

21. In his testimony, Dr. Schubert reported that he and the hospital team have noticed significant improvement in Mr. Wilkins’ mental health. These improvements include the absence of psychotic features, Mr. Wilkins’ sustained engagement with the hospital team, and Mr. Wilkins’ insight into his mental illness. Dr. Schubert attributed the improvement to the benefits of anti-psychotic medication and Mr. Wilkins’ abstinence from substance use, as well as the support he has from his family and the local community.

22. Dr. Schubert added that Mr. Wilkins is in a supportive environment living with his family in Balmertown, where he resides with his mother and father, both of whom are employed. Mr. Wilkins’ 19-year-old sister is also at home. According to Dr. Schubert, Mr. Wilkins has a good relationship and engages well with his family.

23. The Balmertown community, population of approximately 4000, is in the Municipality of Red Lake and approximately 500 kilometres northwest of Thunder Bay. The family built a cabin on the lake where, in the presence of his family, Mr. Wilkins’ enjoys fishing and hunting. When at home, Mr. Wilkins spends much of his day on his computer, watching movies, going for walks, or spending time with family.

24. Since being under the ORB, Dr. Schubert stated that Mr. Wilkins was hospitalized twice. On both occasions, he requested to be admitted because he was unwell and suffering from symptoms of psychosis. On the first readmission, when living in Thunder Bay for a few months, Mr. Wilkins recognized that he wasn't doing as well and requested reassessment of his medication. After returning to Balmertown, when he was not doing well, Mr. Wilkins again sought reassessment and agreed to a voluntary admission to the hospital. On both occasions family facilitated his readmission. Dr. Schubert opined that this demonstrates that, since being under the ORB, Mr. Wilkins recognizes his symptoms and has insight into seeking help when he requires it.

25. Dr. Schubert added that despite both of his parents being engaged in employment, their willingness to make the long drive from Red Lake to Thunder Bay to bring Mr. Wilkins to treatment appointments is a testament to Mr. Wilkins’ parents’ commitment to their son’s mental well-being. In addition to his family, Mr. Wilkins has support in the community. Every two weeks, Mr. Wilkins sees a worker in the Red Lake addictions program. The nurse at the Red Lake hospital maintains contact with the hospital team and reports Mr. Wilkins’ attendances for his long-term depot injection.

26. According to Dr. Schubert, Mr. Wilkins’ insight has improved with each year under the Board. Mr. Wilkins is aware of his diagnosis and associated it. Mr. Wilkins is aware that medications help him and is pleased with being on clozapine, acknowledging the benefits, including his mood improvement, all of which outweigh the side effects. Mr. Wilkins occasionally misses his medication appointments which are explained, and he always makes them up within a couple of days, so that Dr. Schubert expressed no concerns.

27. Dr. Schubert testified that Mr. Wilkins has not been aggressive or physically violent for some five years. As the Hospital Report sets out, Dr. Schubert opined that Mr. Wilkins no longer meets the threshold for significant threat to the safety of the public. As such, Dr. Schubert testified that he and the hospital team are recommending an Absolute Discharge for Mr. Wilkins. Regardless of the outcome of today’s hearing, Dr. Schubert and the hospital team intend to continue to follow Mr. Wilkins through the hospital’s outpatient program. If an Absolute Discharge is granted Mr. Wilkins’ will be transferred to an outpatient program. Dr. Schubert testified that he continues to follow other patients, like Mr. Wilkins, years past their Absolute Discharge when they live in remote areas that lack the expertise or psychiatric care that the hospital team can provide.

28. In response to a question from counsel for the Attorney General, Dr. Schubert testified that Mr. Wilkins self-reported consuming three beers in October 2025 and that there has been no other substance use this past year. Dr. Schubert testified to his own good relationship with Mr. Wilkins’ parents, who would report any such or concerning use. Dr. Schubert stated that Mr. Wilkins has developed the insight that beer consumption leads to his auditory hallucinations. Furthermore, since October 2025, Dr. Schubert testified that Mr. Wilkins’ insight has improved further and he shows good insight into the benefits of his medication, his illness, and the detrimental effect of substance use on his mental health. In all 28 urine drug screens this year, Dr. Schubert reported that Mr. Wilkins tested negative for substances of abuse and the samples only showed prescribed medication.

29. In response to a question from Mr. Wilkins’ counsel, Dr. Schubert confirmed that the current supports will remain in place if the Board sees fit to grant Mr. Wilkins an Absolute Discharge. There may be a change in case manager once Mr. Wilkins is no longer under the ORB and that is not a concern.

30. Dr. Schubert also confirmed that he will continue to be Mr. Wilkins’ attending psychiatrist and that Mr. Wilkins will still have his Red Lake community addictions worker available to him. Should Mr. Wilkins use substances or have emerging symptoms, Dr. Schubert testified he would be brought to TBRHSC from Red Lake, as has happened in the past. Dr. Schubert testified that if needed, and as he saw fit, Dr. Schubert would do a baseline evaluation of Mr. Wilkins. There is also the assurance that Mr. Wilkins lives with his mother, a mental health crisis worker, who is familiar with her son’s symptoms and illness.

31. In response to a question from the Board about the side effects of clozapine medication as prescribed for Mr. Wilkins, Dr. Schubert confirmed that for last 18 months, Mr. Wilkins has completed his blood work as required. When Mr. Wilkins fell into what is called “the yellow zone,” he was monitored for any risks associated with the medication. Dr. Schubert testified that the testing would continue, as will bi-weekly drug screening.

32. When asked by the Board whether Mr. Wilkins understands the link between his symptomology and his past violent behavior, Dr. Schubert confirmed Mr. Wilkins’ awareness and improved insight. Dr. Schubert testified that Mr. Wilkins is astute and has showed that he would let the team know of any issues in his symptoms in thew weekly review. Mr. Wilkins’ symptoms are reviewed every week with his case manager

33. When asked by the panel about Mr. Wilkins’ wellness checks, Dr. Schubert testified the hospital has facilitated some transportation for him to get his blood work and his depot injections. Since the last hearing, Mr. Wilkins has kept all his appointments with Dr. Schubert. In the event of a deterioration in Mr. Wilkins’ mental health, Dr. Schubert opined that the Mental Health Act would be sufficient to bring Mr. Wilkins back into hospital. However, it is always difficult to say so with complete certainty. Dr. Schubert added that there is support in the community, including the nurse and Mr. Wilkins’ case manager, with whom he followed up. In addition, if Mr. Wilkins was not under the jurisdiction of the ORB, the police would intervene and follow up should problems arise. Given the small community, Dr. Schubert stated that Mr. Wilkins is under the police’s radar and that they would likely bring him to the hospital, if necessary, as has occurred on several prior occasions.

34. In response to another question from the Board, Dr. Schubert candidly stated that generally, patients do better when under the ORB. In this case, as stated, Dr. Schubert gave the assurance that he intends to continue to follow Mr. Wilkins even if he is not under the ORB. Dr. Schubert opined that, given the established good rapport he has with Mr. Wilkins, if an Absolute Discharge should be granted, Mr. Wilkins will maintain contact with Dr. Schubert and the hospital team as is proposed.

35. No further evidence was called.

Submissions

36. The hospital submitted that Mr. Wilkins no longer continues to represent a significant threat to the safety of the public and recommended an Absolute Discharge as set out in the Hospital Report. After hearing the evidence, counsel for the Attorney General joined the hospital, as did Mr. Iwasiw, counsel for Mr. Wilkins. As a result, this was a joint submission.

Analysis

Significant Threat

37. The Board bears in mind the joint submission of counsel and independently considered and accepts the viva voce evidence of Dr. Schubert and the contents of the Hospital Report. Pursuant to the decisions in Winko v. British Columbia (Forensic Psychiatric Institute) [1999] SCC 625 and Marchese (Re), 2018 ONCA 307, in our task, the Board carefully considered Mr. Wilkins’ progress and successful year under the ORB. With the support of his family, the community, and Dr. Schubert’s intention to continue to follow Mr. Wilkins, on the evidence as summarized above, the panel unanimously finds that the risk of significant threat to the safety of the public no longer exists.

38. Although Mr. Wilkins lives with ongoing negative symptoms of schizophrenia, his use of substances is now under control. The Board accepts the evidence that Mr. Wilkins’ has experienced improvement in his symptoms, moods, behaviour, and insight into his illness. On the evidence and applying the standard and the statutory provisions of ss. 672.54 and 672.5401 of the Criminal Code, it is our finding that Mr. Wilkins no longer continues to remain a significant threat and presents no risk of violent behaviours as set out in the index offence.

Disposition

39. The panel unanimously accepts the recommendation of the hospital for an Absolute Discharge. The evidence supports that Mr. Wilkins has done well with his medication regime and in his communication and collaboration with the treatment team. He also has strong family support who are engaged with the treatment team. Dr. Schubert testified that should an Absolute Discharge be granted; he will continue to follow Mr. Wilkins. We are also persuaded by the evidence that Mr. Wilkins’ family are not only there to support him but would report to the hospital team any concerning changes in Mr. Wilkins’ mental health.

Conclusion

40. In conclusion, the Board commends Mr. Wilkins and his supportive family for the progress Mr. Wilkins has made this past year. The Board also commends Dr. Schubert and the hospital team for the accommodation and efforts they made in providing and maintaining good service to Mr. Wilkins and other persons in remote communities in the north of our province. We wish Mr. Wilkins continued good progress and every success.

DATED this 3rd day of February 2026 at the City of Toronto, in the Toronto Region.

Hon. E. Kruzick

Legal Member

Office of the Registrar

Ontario Review Board