Re: Marcus K. Moonias
ORB File No: 6408
Hearing held on: Monday, 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. Weinsten
Members: Dr. K. Hand Dr. J.C. Rose Hon. E. Kruzick Mr. R. Rainboth
Parties Appearing:
Accused: Marcus K. Moonias Counsel: Mr. U. Agostino
The Person in charge of Hospital: Representative: Dr. E. Leinonen
Attorney General of Ontario: Counsel: Ms. R. Derouard
REASONS FOR DISPOSITION
(Dated February 3, 2026)
Introduction
[1]. On September 25, 2013, Marcus K. Moonias was found not criminally responsible (“NCR”) on account of mental disorder on a charge of assault. Mr. Moonias is currently subject to a Disposition of the Ontario Review Board dated January 27, 2025, by which he was ordered to be detained at the Secure Forensic Unit of the Thunder Bay Regional Health Sciences Centre (“TBRHSC”) with a number or prohibitions and a number of privileges including the privilege of living in the community of Northwestern Ontario in accommodations approved by the person in charge.
[2]. On Monday, January 19, 2026, the Ontario Review Board conducted the annual review of Mr. Moonias’disposition. This was an in-person hearing with counsel for the Attorney General, Ms. Derouard, appearing virtually. Mr. Moonias was represented by his counsel, Mr. Agostino.
Issues at the Hearing
[3]. The issues to be decided are whether Mr. Moonias remains a significant threat to public safety, and if so, to determine the necessary and appropriate disposition, including Mr. Moonias’motion to transfer from the TBRHSC to St. Joseph’s Healthcare-Hamilton.
Position of the Parties
[4]. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
[5]. On behalf of the TBRHSC, Dr. Leinonen stated that Mr. Moonias remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate disposition is a continuation of the disposition with terms as set out last year. The hospital was not opposing Mr. Moonias’ motion to transfer from the TBRHSC to St. Joseph’s Healthcare - Hamilton (“St. Joseph’s”).
[6]. Ms. Derouard indicated that the Attorney General supported the hospital’s recommendation and was not opposing Mr. Moonias’ motion to transfer from the TBRHSC to St. Joseph’s.
[7]. On behalf of Mr. Moonias, Mr. Agostino stated his client accepted the hospital’s position on significant threat and disposition, and that his client was pursuing the motion to transfer to St. Joseph’s Healthcare - Hamilton and that his client accepted the terms and conditions requested by St. Joseph’s if and when that transfer occurs.
Findings
[8]. For reasons that follow, the Board finds that Mr. Moonias remains a significant threat to public safety and that the necessary and appropriate and least onerous and least restrictive disposition is a continuation of a Detention Disposition with the same terms and conditions as set out in last year’s Disposition. The Board also accepts Mr. Moonias’ motion to transfer from the TBRHSC to St. Joseph’s with the terms and conditions requested by St. Joseph’s to form part of the Disposition.
Index Offence
[9]. The index offences are described in the Hospital Report as follows:
On Wednesday January 2, 2013, at 18:36 hrs in the FNT of Webequie, Police received a call from [the male victim] stating he was assaulted earlier by Marcus MOONIAS. [The victim] said he was calling from his sister [name redacted]’s place.
Marcus MOONIAS is known to police to be suffering from schizophrenia.
At 18:45hrs police attended the [victim’s sister’s] residence, [a bystander] informed police that [the victim] had left a short while ago and did not say where he was going.
At 18:57 hrs police picked up Peacekeeper [Mr. Doe] to assist, police and peacekeeper attended the [victim’s] residence. [The victim’s] wife [name redacted] informs police that [victim] was not returned to the house. Police asked to check the house and was given permission to entry by [the victim’s wife]. Police did not see any signs of a struggle in the house. Police questioned [the bystander] as to what happened earlier in the evening. Marcus did not answer. Police informed [the victim’s wife] to call police when [the victim] returns.
At 21:09 hrs the victim called the police saying he was at [his sister’s home].Police attended the [sister’s] residence and spoke to the victim, police asked the victim what happened, victim replied he was assault by Marcus MOONIAS. Victim informs police that he did not wish to press charges on Marcus. The victim complained of sore shoulder and sore head. Police asked the victim if he would go to the nursing station to be check out. The Victim agreed. The victim said he will not go home tonight and will find a place to stay for tonight. Victim stayed in the Motel for the night.
On Thursday January 3, 2013, at 18:19 hrs police attended the [victims’] residence. The victim stated he did not want to press charges on Marcus MOONIAS but wants him to get into treatment of his mental illness.
On Sunday January 6, 2013, [the victim] contacted the Nishanwbe-Aski Police Service Webequie Detachment, he is now willing to make a statement on an assault that happened on Wednesday January 2, 2013.
On Sunday January 6, 2013, at 19:39 hrs police took a written statement from the victim [name redacted].
Statement revealed:
On Wednesday January 2, 2013, at approximately 18:00 hrs in the FNT of Webequie, after working on the winter road and getting home, the victim [name redacted] was going to get water out on the lake, he went in his house to get the water jugs. The victim said while inside his house he saw the accused Marcus MOONAIS going outside. As the victim was heading out to his skidoo, the accused grabbed him by the shoulders and started shoveling him onto the ski doo, the accused than started punching him on the head. After the assault, the victim took off getting water and went to his sister’s [name redacted] to call the police.
On Sunday January 6, 2013, police called the nursing station regarding the mental health of the accused. Nurse [name redacted] states she will call on call doctor in Sioux Lookout. Police received call from the Nurse [name redacted], Marcus MOONIAS will be medivac to Sioux Lookout Meno Ya Win Health Centre in Sioux Lookout Ontario for further assessment. The accused MOONIAS will be summonsed to court on Tuesday April 16, 2013.
Current Diagnoses
[10]. The stated diagnoses are:
Schizophrenia
Stimulant Use Disorder (cocaine, in a controlled environment)
Evidence at the Hearing
[11]. The Board admitted into evidence the Hospital Report dated January 5, 2026. Dr. E. Leinonen, who co-authored the Report, testified orally and adopted its contents.
[12]. The Hospital Report provides a great deal of information concerning Mr. Moonias’ personal history, his mental health history, details of prior criminal convictions, details of prior failed community placement, and details several AWOLs that have occurred. As the Hospital Report was made an exhibit in this hearing, in these Reasons it is referred to briefly without reproducing the fulsome information contained in the Hospital Report. At the outset, Dr. Leinonen testified that he did not have any further updates to the information set out in the Hospital Report.
[13]. Dr. Leinonen acknowledged the letter from St. Joseph’s Hospital in Hamilton, which set out that they would accept Mr. Moonias’ request for transfer on the terms set out in the letter. Dr. Leinonen confirmed that Mr. Moonias’ request to be transferred was supported by the TBRHSC.
[14]. While Mr. Moonias keeps going back and forth on the transfer request, the hospital is supportive of him. Dr. Leinonen expressed that he and the hospital team recognized that there are pros and cons to the move. Mr. Moonias has expressed that it is extremely easy for him to obtain illicit drugs in Thunder Bay, which is a major problem for him and that a transfer would give him a “fresh start.” The negative aspect of a transfer is that Mr. Moonias has an established relationship with TBRHSC team and will have to start anew once he is Hamilton.
[15]. Dr. Leinonen testified that the treatment team has tried without success a number of different things to modify Mr. Moonias’ pattern of repeated elopements, which then result in his continued pattern of substance use.
[16]. As a positive to the transfer, Dr. Leinonen testified that perhaps a fresh start somewhere else could be beneficial in assisting Mr. Moonias with his substance use disorder and in making some progress toward his ultimate goal of working his way through the ORB and forensic system.
[17]. In response to a question from Mr. Moonias’ counsel about the hospital plan for Mr. Moonias, the current plan is to maintain the status quo and to continue to reevaluate the current treatment plan on an ongoing basis. When asked about Mr. Moonias’ privileges, Dr. Leinonen stated that Mr. Moonias has supervised access to the community, which allows for a good opportunity to be out of the unit and in the community. It is recommended that these continue. Most of the problematic issues occurred when Mr. Moonias had indirectly supervised hospital access for smoking.
[18]. In response to Mr. Moonias’ counsel about restrictions on his privileges, Dr. Leinonen stated that there were a couple of instances over the past year that were more concerning to the treatment team. One concern is that some of Mr. Moonias’ substance use happened during supervised outings, which makes it more challenging for the team to supervise his passes and monitor his access to the community. Dr. Leinonen stated that the treatment team wants to allow Mr. Moonias as much liberty and freedom as possible without putting him and the community at risk. Within those parameters, the proposal is to enable Mr. Moonias to engage in programming and as many activities as possible.
[19]. As the treatment team moves forward this year, Dr. Leinonen stated they will continue to evaluate Mr. Moonias’ mental status and his passes. Much will depend on developments during the year and the duration of Mr. Moonias’ stay in Thunder Bay. The status of the requested transfer will influence the hospital’s plan in terms of what the team can provide. While Mr. Moonias remains in Thunder Bay, the possible privileges, within those parameters, will include passes in the community and on the hospital property.
[20]. In response to a question from the panel about the type of resources for indigenous persons that would be available at St. Joseph’s, Dr. Leinonen was unable to provide the panel with information as to all the programming that would be offered to Mr. Moonias in Hamilton. Dr. Leinonen added that, while in Thunder Bay, Mr. Moonias does participate in the Blue Sky Indigenous programming offered at the TBRHSC.
[21]. In terms of the importance of Indigenous programs to Mr. Moonias, while Dr. Leinonen acknowledged the value of such programs to Mr. Moonias’ rehabilitation, indigenous programming is not the most important factor to Mr. Moonias’ overall recovery. Therefore, Dr. Leinonen opined that access to Indigenous programs would not be a major reason to keep Mr. Moonias at TBRHSC.
[22]. When asked about Mr. Moonias’ current medication, Dr. Leinonen referred to the Hospital Report and added that Mr. Moonias is treated with two antipsychotic medications, one oral and the other a long-acting injectable. He is doing well on his current medications.
[23]. No other evidence was called.
Final Submissions
[24]. In submissions, the hospital and counsel for the Attorney General maintained their initial position, namely that Mr. Moonias remains a significant threat to public safety and the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms set out in last year’s disposition. They did not oppose Mr. Moonias’ request to transfer to St. Joseph’s in Hamilton. On behalf of Mr. Moonias, Mr. Agostino agreed.
Analysis
Significant Threat
[25]. Bearing in mind the joint submission of counsel, the Board unanimously accepts the oral evidence of Dr. Leinonen, and the evidence contained in the Hospital Report. On the evidence, we find that Mr. Moonias lives with a chronic, disabling, and somewhat treatment-resistant psychiatric illness, namely Schizophrenia and Substance Use Disorder. In the context of the serious index offences, we are satisfied that Mr. Moonias remains a significant threat to public safety. Mr. Moonias has a history of violent conduct as set out in the Hospital Report. We accept that in recent years there has not been significant violent conduct, but we are, of course, obliged to consider all the evidence.
[26]. As set out in the Hospital Report and confirmed in the oral testimony of Dr. Leinonen, which we accept, Mr. Moonias continued to struggle with substance use this reporting year.
[27]. We accept that evidence that if Mr. Moonias were to receive a Conditional or Absolute Discharge, he would be at very high risk of falling away from treatment, abusing substances, and experience a relapse into more active psychosis. Accordingly, we accept and rely on the expert opinion, and find that Mr. Moonias remains a significant threat to the safety of the public.
Disposition
[28]. The Hospital Report sets out that if Mr. Moonias was discharged into the community, in the event of decompensation of his mental health state, significant substance use or other events that would increase his risk to the public. Thus, a detention disposition is required; this would allow for him to be re-admitted to hospital quickly if needed. The provisions of the Mental Health Act are insufficient to ensure prompt hospital admission to protect public safety.
[29]. The Board is unanimous in accepting the joint submission of the parties with respect to the necessary and appropriate disposition. Section 672.54 of the Criminal Code establishes the criteria for the Board to consider, the paramount being the safety of the public. On the evidence as set out above, we also accept that a Detention Order is both the least onerous and the least restrictive in the circumstances of this case.
[30]. Regarding Mr. Moonias’ request for a transfer to St. Joseph’s Healthcare, Hamilton is not opposed, and the transfer is supported by the hospital team and St. Joseph’s. We therefore allow the motion, bearing in mind Mr. Moonias’ needs.
[31]. St. Joseph’s Healthcare has indicated they are willing to accept Mr. Moonias when a bed becomes available. In doing so, St. Joseph’s hospital specified inclusion of specific terms and conditions in any Disposition the Board may make. Counsel for all parties expressed that they are not opposing the inclusion of those terms. We therefore find that this Disposition include the same terms and conditions as set out last year’s and also include the terms requested by St. Joseph’s Healthcare in Hamilton, if and when the transfer occurs.
Conclusion
[32]. In the result, we find Mr. Moonias continues to be a significant threat, and we find that the necessary and appropriate disposition is a Detention Order with exact terms in last year’s disposition, in addition to the terms as requested by St. Joseph’s Healthcare – Hamilton, if and when a transfer occurs.
[33]. In reaching our disposition, the Board has taken into consideration the safety of the public, Mr. Moonias’s mental condition, his other needs, and his reintegration into society.
DATED this 3rd day of February 2026, at the City of Toronto, in the Toronto Region.
Hon. E. Kruzick
Legal Member
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Office of the Registrar
Ontario Review Board