Re Mitchell J. Barink, 2026 CanLII 12799

Ontario Review Board

Re: Mitchell J. Barink

ORB File No: 8898

Hearing held on: Wednesday, January 28, 2026

Place of hearing: Ontario Shores Centre for Mental Health Sciences

Pursuant to: Section 672.47(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. M. Attia Dr. M. Kalia Ms. J. Ferguson Mr. J. Cyr

Parties Appearing:

Accused: Mitchell Barink Counsel: Mr. A. Rai

The person in charge of hospital: Counsel: Mr. Dow

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated February 19, 2026)

Introduction

1. On October 30, 2025, Justice Dart found Mr. Barink not criminally responsible on a charge of attempted murder.

2. The Justice signed a Warrant of Committal directing Mr. Barink to be detained at the Quinte Detention Centre to await the Ontario Review Board involvement in this case. We understand that subsequently, the Warrant of Committal was amended to allow Mr. Barink to be detained at the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”). We understand further that on December 9, 2025 Mr. Barink was transferred to Ontario Shores.

3. On Wednesday, January 28, 2026, the Board convened a hearing at Ontario Shores and conducted the initial Disposition hearing concerning Mr. Barink.

4. We note that the victim and family members of the victim were present at the hearing. We also note that Mr. Barink’s parents were present at the hearing.

Position of the Parties

5. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

6. Mr. Dow appeared for Ontario Shores. He advised of the hospital position that Mr. Barink remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is for Mr. Barink to be subject to a Detention Order on a General Forensic Unit at Ontario Shores, with a number of privileges and prohibitions.

7. Dr. Bhullar advised that Mr. Barink was transferred to a General Forensic Unit approximately one week ago. Dr. Bhullar noted that she is no longer Mr. Barink’s most responsible physician given his transfer to a General Forensic Unit.

8. Ms. MacDonald appeared for the Attorney General. She supported the hospital’s recommendation. Ms. MacDonald, however, suggested a broadening of the no contact provision. The proposed extended no-contact provision was agreeable to the hospital and to Mr. Barink.

9. Mr. Rai and his client agree with the hospital recommendation and with the proposed amendment to the no contact provision.

Index Offence

10. The details with respect to the index offences are abstracted from the hospital report as follows:

“On Thursday, October 31st, 2024, shortly before 2:00 a.m., a white Chevy pickup truck bearing Ontario license plate AS37185, was westbound on County Road 5 in the City of Quinte West. The vehicle entered the southbound ditch at the intersection of County Road 5 and Belleville Street, launching over Belleville Street, into a front lawn where the vehicle spun multiple times, crossed southbound over Belleville Street and struck 78 Belleville Street, City of Quinte West. The vehicle was occupied by a lone male. The male exited the vehicle with a long gun, and someone could be heard yelling for the male to drop the gun. MITCHELL BARINK WH00176091 3 CONFIDENTIAL Residents of 78 Belleville Street, Jerry KIMMERLY, and his fiancé Dayna FARRELL, had exited the residence to see what had occurred as KIMMERLY had observed the vehicle prior to it striking the house. While outside, KIMMERLY could hear a neighbour yelling for the male to drop the gun. FARRELL at some point in time reached the passenger side of the truck and was ducking down below its side. The male was standing at the rear of the truck at this time. While FARRELL was next to the passenger side of the vehicle she stood up and the male standing at the rear of the vehicle holding the long gun, fired the gun while aiming it in her direction. As a result, FARRELL was shot in the chest by the male. The male then fled from the residence on foot, heading east bound on Belleville Street back to County Road 5 where a visual of him was lost in the darkness. At approximately 2:04 a.m., members of the Quinte West OPP Detachment were dispatched for a weapons call at 78 Belleville Street. Kingston Ambulance called advising that a truck had struck a house and the male caller (KIMMERLY) was stating that there was a gun and that his wife (FARRELL) had been shot. The male suspect was described as male, white, 30's, beard, wearing jeans and an orange construction sweater. Officers arrived and were able to set up containment in the area and secure the scene to allow EMS to approach and FARRELL was transported by ambulance to Kingston General Hospital. While PC Tucker and PC Hamilton were at the scene at 78 Belleville Street, Quinte West, PC Tucker observed KIMMERLY holding a wallet and a driver’s license which he stated he retrieved from the vehicle. KIMMERLY stated that the photo on the driver’s license matched that the of suspect’s likeness. PC Tucker identified the accused as Mitchell BARINK of 5 Belleville Street, Quinte West. As this was occurring PC Harper observed a male matching the provided description running behind houses in the area of 5 Belleville Street. This was corroborated with video footage shown to K9 officer, PC Sauve. The accused was contacted by phone by Sgt Bernier, and at approximately 3:27 a.m., the accused exited his residence at 6 Belleville Street, Quinte West and was placed under arrest.”

Evidence at Hearing

11. The Board admitted into evidence a number of documents, most of which were filed with the court. In addition, the Board did admit into evidence the hospital report dated January 14, 2026. The hospital report provides a great deal of information concerning Mr. Barink, his personal history, his mental health history, details of the index offence, and Mr. Barink’s course in hospital subsequent to the date of the NCR finding. As the hospital report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the hospital report in these Reasons.

12. We do note, however, the stated diagnoses of Schizophrenia, Alcohol Use Disorder, severe, in early remission in a controlled environment.

13. The Board also admitted into evidence, six Victim Impact Statements.

14. In addition to the documentary evidence, the Board heard from Dr. Bhullar. Dr. Bhullar confirmed that she wrote the report to the court that was accepted by the Judge and resulted in Mr. Barink being found not criminally responsible.

15. In response to questions from Mr. Dow, Dr. Bhullar noted that Mr. Barink has been “doing well” since his arrival at Ontario Shores. There have been no acts of violence. There has been no aggressive conduct. Mr. Barink remains complaint with his medication requirements. Mr. Barink has participated in programming on the unit. Dr. Bhullar describes Mr. Barink as being motivated to deal with his mental illness. The doctor noted that Mr. Barink has already participated in three different groups.

16. Mr. Barink also accepted the doctor’s advice to increase the amount of his medication. Mr. Barink advised the doctor that he believes the medication is helpful.

17. Dr. Bhullar described Mr. Barink’s insight as quite good with respect to the issue of his mental illness. Mr. Barink accepts that the medication is helpful. Mr. Barink says that the medication is helping him “to be himself again”.

18. Dr. Bhullar advised of her opinion and the opinion of the clinical team that at this point in time, Mr. Barink remains a significant threat to public safety.

19. The hospital is asking for a Disposition to include a provision for community living. Dr. Bhullar stated that a discharge to the community might be possible towards the end of the next 12-month period. At the very least, the inclusion of a community living clause at this time would permit the hospital to place Mr. Barink’s name on a waiting list for certain community residences. Dr. Bhullar repeated that any moves towards community living would only take place at the end of this 12-month period.

20. Ms. MacDonald, who appeared for the Crown, drew the doctor’s attention to page 26 of the hospital report and the following statement:

“It is the unanimous opinion of the treatment team that Mr. Barink poses a significant threat to the public. His violent risk flows from this psychotic illness (schizophrenia, substance use disorder (primarily alcohol), history of violence (serious index offence which could have resulted in the victim’s death), and limited capacity to cope with psychological stressors. In a decompensated state, he experiences auditory hallucinations, ideas of reference and persecutory delusions”.

21. Dr. Bhullar agreed with the suggestion of Ms. MacDonald that Mr. Barink’s violence flows from his illness and use of substances. In response to questions from Ms. MacDonald, Dr. Bhullar agreed that historically, Mr. Barink used alcohol to assist in coping with stressors, including stressors of his mental illness.

22. Again, in response to a question from Ms. MacDonald, Dr. Bhullar stated her opinion that Mr. Barink has good insight into his mental illness, but his insight with respect to his use of substances is “limited”.

23. In response to questions from Mr. Rai, Dr. Bhullar agreed that Mr. Barink is capable of making treatment decisions. She repeated that in hospital, Mr. Barink has not been aggressive and has not made any verbal threats.

24. That completed the evidence for the hospital. Ms. MacDonald advised that she was seeking to file six Victim Impact Statements. The panel agreed to accept those Victim Impact Statements, and they were made exhibits in this hearing. The Victim Impact Statements are quite striking. We acknowledge that the events of the index offence affected the victim both physically and mentally, and she continues to experience significant impact on herself mentally and physically.

Finals Submissions

25. In fact, the parties were making a joint recommendation. All parties accept that at the present time, Mr. Barink remains a significant threat to public safety, and at the present time, the necessary and appropriate decision is a detention order at the General Forensic Service of Ontario Shores, with a number of privileges and prohibitions.

Findings of the Board

26. In the Board’s opinion, the parties’ joint recommendation is well founded. The Board accepts Dr. Bhullar’s evidence and the evidence contained in the hospital report. In particular, we accept the evidence that Mr. Barink remains a significant threat to public safety.

27. We accept that a Detention Order is both necessary and appropriate, and we accept, given that Mr. Barink is currently on a General Forensic Unit, that our Disposition should direct detention on a General Forensic Unit at Ontario Shores. We agree with the proposed privileges and prohibitions, and we accept Ms. MacDonald’s recommendation as to the specific language to be used in the no-contact clause.

28. The Board was pleased that Mr. Barink’s parents were in attendance. The Board was similarly pleased that the victim and her relatives were also in attendance. This is a matter that affects both Mr. Barink and the victims.

29. In reaching our Disposition, the Board as taken into consideration public safety, Mr. Barink’s mental condition and his other needs, and Mr. Barink’s integration into society.

DATED this 19^th^ day of February 2026, at the City of Toronto, in the Region of Toronto.

Mr. J. Goldenberg

Alternate Chairperson

______________________________

Office of the Registrar

Ontario Review Board