Re: Graham Mosher, 2026 CanLII 15103

Re: Graham Mosher

ORB File No: 4232/6131

Hearing held on: January 14, 2026

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

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

Before:

Alternate Chairperson: Ms. L. Banks

Members: Dr. R. Sheppard Dr. L.O. Lightfoot Ms. C. Murray Mr. R. Chopra

Parties Appearing:

Accused: Graham Mosher Counsel: Ms. J. Boissonneault

The person in charge of hospital: Counsel: Ms. J. Szabo

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

AMENDED REASONS FOR DISPOSITION

(Dated February 23, 2026)

Please see underlined change to original reasons made February 24, 2026.

Introduction

1. On July 4, 2005, Graham Mosher was found not criminally responsible on account of mental disorder (“NCR”) on a charge of assaulting a peace officer, contrary to the Criminal Code of Canada (the “Criminal Code”). Further, on June 4, 2012, Mr. Mosher was found NCR on a charge of aggravated assault, contrary to the Criminal Code.

2. On January 14, 2026, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Mosher’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Mosher was subject to a Disposition of the Board dated January 22, 2025, which discharges him on certain terms and conditions, including provisions, inter alia, that he:

a. Reside at Halsey Lodge;

b. Report to the person in charge of Ontario Shores Centre for Mental Health Sciences (the “hospital” or “Ontario Shores”), or his or her designate, not less than once per month; and

c. Advise the person in charge of Ontario Shores Centre for Mental Health Sciences or his or her designate, in advance, of any absence from his residence of 24 hours or more.

3. Mr. Mosher was present at the hearing. His counsel, Ms. Jocelyne Boissonneault, represented him throughout the proceedings.

4. A Hospital Report dated December 24, 2025, was entered as Exhibit 1. Progress Notes dated March 24, March 27, and December 9, 2025, were entered as Exhibit 2. An Outpatient Progress Report dated January 9, 2026, was entered as Exhibit 3.

5. The issues to be determined are whether Mr. Mosher continues to represent 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 in s. 672.54 of the Criminal Code.

6. For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Mosher continues to represent a significant threat to the safety of the public. The Board orders that the necessary and appropriate Disposition in the circumstances is the continuation of the existing Conditional Discharge with additional terms as recommended by the hospital.

Current Psychiatric Diagnoses

7. Schizophrenia

Positions of the Parties

8. At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital took the position that Mr. Mosher continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a Conditional Discharge with no change to the Disposition Order, excepting the addition of a substance prohibition and related testing terms.

9. Counsel for the Attorney General, Ms. MacDonald, supported the recommendation of the hospital.

10. Ms. Boissonneault stated that Mr. Mosher is no longer a significant threat to the safety of the public and requested that Mr. Mosher receive an Absolute Discharge.

Index Offence

11. Pages 2 and 3 of the Hospital Report set out the details of the index offences. The circumstances of the index offences were summarized in last year’s Reasons for Disposition as follows:

“On April 24, 2006, Mr. Mosher was serving a penitentiary sentence at Joyceville Institution. He was taken to Kingston General Hospital after he had inflicted significant injuries to himself. He refused medical care and pulled out his intravenous lines. When correctional officers intervened he punched one of the guards in the head and attempted a second assault before being restrained.

On February 11, 2012, Mr. Mosher was under the jurisdiction of the Board and was detained in Mental Health Centre Penetanguishene (now Waypoint). He approached a nurse from behind and without provocation struck him on the left side of his head with a closed fist. The victim was hit with such force that he was stunned by that punch. Mr. Mosher struck him again on the left side of the head. The nurse reported a slight fracture with some bleeding on the brain.”

Background and History

12. The Hospital Report contains extensive information regarding Mr. Mosher’s background and history, the entirety of which need not be repeated here in detail. However, in summary, Mr. Mosher is 60 years of age and was born in Halifax, Nova Scotia. Mr. Mosher’s sisters describe seeing signs of Mr. Mosher’s illness in his early twenties.

13. Mr. Mosher has a grade school education. He began drinking alcohol at the age of 13. He has used LSD, mushrooms, hallucinogens, and cocaine.

14. Mr. Mosher’s prior criminal history commences in 2005 and includes convictions for mischief, assault peace officer, theft, and robbery. The hospital report at page 7 notes that many of Mr. Mosher’s criminal offences occurred while intoxicated.

15. Mr. Mosher has a history of psychiatric admissions to hospital beginning in 1992 in Nova Scotia. His discharge diagnosis queried whether he was in the early phase of a schizophrenic illness. The Hospital Report describes numerous psychiatric admissions to hospital between 1992 and the year of his first index offence in 2005.

16. In 2005, during Mr. Mosher’s admission to Regional Treatment Centre (Pacific), Dr. Postnikoff made the following diagnoses: Rule out Schizophrenia, paranoid type, Alcohol Dependence Disorder – in a controlled environment, Rule out Paranoid, Schizoid, and/or Schizotypal Personality Disorder, likely with Antisocial Personality Traits.

17. Mr. Mosher’s first federal sentence occurred in July 2002 for robbery and attempted robbery. He was intoxicated when he decided to rob the bank.

18. Following Mr. Mosher’s first finding of NCR in 2005, he was ordered detained at the Brockville Mental Health Centre.

19. During an admission to Brockville Mental Health Centre in 2008, Mr. Mosher eloped and went to Manitoba, where police apprehended him. Mr. Mosher had consumed alcohol while AWOL.

20. On June 21, 2009, Mr. Mosher eloped from hospital in Brockville. He reportedly hitchhiked to Calgary where he fell off a bridge or scaffolding while intoxicated. He broke his ankle and injured four vertebrae. He was returned to the hospital by OPP in September 2009. It was reported that his repeated elopements raised concern with the OPP who expressed concern for the safety of the public during his elopements, because he drank alcohol and had not taken his medications during his absences.

21. After difficulties managing Mr. Mosher, including four elopements from hospital, in 2009 he was transferred to Oak Ridge (now Waypoint Centre for Mental Health Care).

22. Mr. Mosher experienced some improvement of his symptoms with clozapine, resulting in a transfer to Ontario Shores in 2013. In 2014, Mr. Mosher eloped from Ontario Shores three times.

23. In 2014, while detained at Ontario Shores, Mr. Mosher admitted to consuming a lot of alcohol in his past. He confided that he had thrown someone to the ground when he had been drinking at a bar.

24. In March 2015, Mr. Mosher eloped from hospital. He was returned to the hospital after he turned himself into police. He had travelled to Hamilton and stayed in a Salvation Army shelter for a month.

25. In December 2015, Mr. Mosher received a Certificate of Completion for attending Skills Training for Concurrent Disorders group. Although he was able to articulate and practice the skills taught in the group, he tended to minimize his past difficulties with alcohol.

26. In 2017, Mr. Mosher was discharged from Ontario Shores to Gust House. On August 22, 2017, Mr. Mosher attended at Ontario Shores, knocked on the door to the Forensic Psychiatric Rehabilitation Unit (“FPRU”), and explained that he was stressed out and hoped to get away from the medication and start his life again. He talked about going to Calgary and staying in a homeless shelter to “get free food and accommodation.” He continued to hear voices he thought belonged to CSIS. He was admitted to the Forensic Community Reintegration Unit (“FCRU”). After admission, Mr. Mosher explained he wanted to stay in hospital until his next ORB at which time he hoped to receive an Absolute Discharge. He then would stop taking clozapine and return to Nova Scotia.

27. On February 10, 2019, Mr. Mosher eloped from hospital. He was found by police at a shelter in Toronto on March 5, 2019. Upon return to Ontario Shores, Mr. Mosher agreed to restart clozapine but said he would prefer to be off all psychotropic medication, “as the world is brighter”.

28. In 2019, Mr. Mosher expressed an interest in resuming use of alcohol.

29. There have been three prior failed attempts to place Mr. Mosher in a group home.

Course Since Last Disposition

30. The Hospital Report outlines Mr. Mosher’s course since the last Disposition. In summary, Mr. Mosher was discharged from the general Forensic Community Reintegration Unit (FCRU) in May 2024. He has resided at Halsey Lodge Adult Care Facility (“Halsey”) in Jackson’s Point since this time. Halsey provides 24-hour support with meals, medication administration and assistance with activities of daily living.

31. At Halsey, Mr. Mosher has regularly met with his Forensic Outreach Service (FOS) clinician. His reporting with FOS is now scheduled twice per week. Until February 2025, Mr. Mosher had remained fully compliant with his medications, which were supervised by Halsey staff. Mr. Mosher told his FOS team numerous times that he would be content living long term at Halsey.

32. On February 20, 2025, Mr. Mosher left Halsey without medication and was found walking onto highway 404 south (toward Toronto). He was apprehended by police and brought back to Halsey. Before the Forensic Outpatient Service (“FOS”) team arrived to assess and transport him to hospital, Mr. Mosher eloped from Halsey. He cooperated with staff when being returned to Halsey. He stated that he wanted to return to Nova Scotia. He agreed to be admitted to Ontario Shores and was cooperative. At Ontario Shores, he was admitted to the Forensic Assessment Unit (“FAU”). He exhibited slurred and incoherent speech, memory difficulties and an unsteady gait. He admitted to drinking alcohol the preceding week and the morning of the admission. He was discharged back to Halsey on March 24, 2025.

33. Mr. Mosher has not participated in any formal or informal programming this reporting period.

Evidence at the Hearing

34. Dr. Pallandi, Mr. Mosher’s psychiatrist and co-author of the Hospital Report, provided viva voce evidence at the hearing as follows:

35. Dr. Pallandi testified that he met with Mr. Mosher on or about January 7, 2026. Mr. Mosher advised Dr. Pallandi that he would be asking for an Absolute Discharge at this hearing and was then planning to go to Ottawa. Dr. Pallandi expressed his surprise with both Mr. Mosher’s desire for an Absolute Discharge and also his stated desire to move to Ottawa. Mr. Mosher told Dr. Pallandi that he would go to a shelter in Ottawa. When Dr. Pallandi asked Mr. Mosher how he would get his liquid clozapine, Mr. Mosher did not know. He did not have a plan to source his medication, remain treated, or remain in supervised housing. Dr. Pallandi highlighted that these factors would result in an immediate increase in Mr. Mosher’s current risk of harm to the public.

36. Dr. Pallandi stated that, up until February 2025, Mr. Mosher stated that he wants to stay at Halsey. He has enjoyed his environment. Because he had done well at Halsey for an extended period, early in 2025 Dr. Pallandi considered the possibility of recommending an Absolute Discharge. At this time, he is unable to make the recommendation for an Absolute Discharge due to a combination of the incident of February 20, 2025 (described in paragraph 32), and Mr. Mosher’s recent comments regarding leaving Halsey without a plan for follow-up care and medication adherence.

37. Dr. Pallandi testified that he does not know why Mr. Mosher relapsed to alcohol consumption in February. He stated that the treatment team was very surprised by this. When Mr. Mosher was returned to Halsey by police while awaiting transport to hospital, the staff at Halsey found him under his bed.

38. Dr. Pallandi described Mr. Mosher as being very disorganized when he was admitted to hospital. He missed doses of clozapine. He was globally impaired. He had to remain in hospital to stabilize him to his baseline mental state. During his hospital stay, Mr. Mosher stated that he wanted to go to Nova Scotia. Dr. Pallandi stated that Mr. Mosher’s behaviour was very unpredictable when using alcohol and it is not a stretch to say harm to the public would be a likely result. Dr. Pallandi reiterated the need for the addition of a term prohibiting his use of alcohol, drugs and other intoxicants together with related testing provisions in the Disposition.

39. Dr. Pallandi testified that the Mental Health Act was sufficient to admit Mr. Mosher to hospital. Mr. Mosher voluntarily stayed in hospital until he was discharged. Dr. Pallandi stated that this fact supports the hospital’s request for a continuation of the Conditional Discharge. Alcohol misuse is a significant risk factor for Mr. Mosher. The forensic team now manages this risk with increased monitoring and increased testing for alcohol.

40. Dr. Pallandi testified that, for Mr. Mosher, alcohol consumption often leads to medication non-compliance.

41. Mr. Mosher has not tested positive for alcohol since his hospitalization in February 2025. Dr. Pallandi stated that, in March 2025, Mr. Mosher said he did not plan to drink again.

42. Dr. Pallandi testified that if Mr. Mosher was to receive an Absolute Discharge today, Halsey would continue to provide the same level of care to Mr. Mosher. However, if he engaged in alcohol use, then Halsey would be likely to ask him to leave their facility. Dr. Pallandi noted how difficult it had been in the past to find an appropriate supervised residential setting for Mr. Mosher. Dr. Pallandi stated that the hospital would transfer care to a non-forensic team if he was Absolutely Discharged.

43. Dr. Pallandi testified that last year’s risk assessment outlined at pages 46 to 49 of the Hospital Report remains valid today in principle. Based on the assessment, Mr. Mosher is considered a Low-Moderate risk to reoffend violently in the context of a Conditional Discharge. His housing at Halsey plays a significant role in maintaining stability for Mr. Mosher and in substantially mitigating risk factors for violence.

44. Dr. Pallandi stated that while intoxicated, Mr. Mosher’s insight “is terrible”. He agreed that many of Mr. Mosher's criminal offences were committed when intoxicated. He stated that when drinking in the past, Mr. Mosher became highly impulsive which increased his risk to the safety of the public.

45. Dr. Pallandi reiterated that Mr. Mosher continues to meet the threshold for significant risk to the public because of the following:

a. He recently relapsed to alcohol use, which led to a very serious incident;

b. He has history of multiple elopements from hospitals and other structured environments;

c. He is dependant on staff support to remain compliant with medication;

d. Housing stability is necessary for Mr. Mosher’s psychiatric stability. His desire to leave Halsey with no plan will lead to housing instability. The fact that Mr. Mosher plans to leave Halsey speaks to his lack of insight;

e. He is treated with clozapine, and when non-adherent his psychotic symptoms return, which elevates his risk; and

f. When psychotic and unwell he has engaged in assaultive behaviours.

46. Dr. Pallandi testified that although some types of medications are available for people residing at large shelters in larger urban centres, Mr. Mosher is on a liquid suspension of clozapine and receives the required blood monitoring. It is therefore unlikely that he would be able to reliably receive his medication at a shelter.

Submissions

47. On behalf of the hospital, Ms. Szabo submitted that Mr. Mosher remains a significant threat to the safety of the public. His use of alcohol in February 2025 reactivated the risk factor of substance use. Mr. Mosher requires significant support to take his medications and assist with his activities of daily living. If Mr. Mosher were residing in a shelter, he would be unlikely to receive his medication. The brief period of non-compliance he experienced in February is directly connected to his alcohol use. He needed to be restarted on clozapine during his admission to hospital. Mr. Mosher’s risk rises precipitously when using alcohol. When his mental state decompensates, he is at high risk of being physically aggressive. Ms. Szabo referred the Board to the Hospital Report, which identifies historical instances of alcohol use leading to intoxication, elopements, criminal activity, concerns of the police regarding his risk to the public, relying on shelters, and non-compliance with medications. The Hospital Report identifies that he has previously promised not to consume alcohol but has returned to its use. He has minimized his past difficulties with alcohol. These activities all fall within the scope of his risk assessment. When his historical pattern is considered in the context of the incident in February 2025, it is clear that Mr. Mosher is a significant threat to the safety of the public. Due to the incident of February, the inclusion in the Disposition of a standard provision prohibiting alcohol, drugs and the use of intoxicants and a substance testing provision is reasonable and necessary for the safety of the public.

48. Ms. MacDonald, on behalf of the Attorney General, submitted that she supports the hospital’s submissions. She added that when Mr. Mosher’s judgement was impaired and he walked on the live lanes of the 404 highway, he was not only a serious risk to himself, but also posed a significant risk to motorists, psychologically and / or physically.

49. Ms. Boissonneault submitted that for the majority of the incident in February, Mr. Mosher’s risk to the safety of the public was low. A determination of the level of risk needs to be made at the time of the hearing and not speculatively. She submitted that Mr. Mosher has had a long period of stability with one hiccup in February 2025. Ms. Boissonneault referred to Ramos (Re), 2025 ONCA 820 pointing out that the court states that the Board should focus on the NCR accused’s current presentation and can not allow past presentation to overshadow the progress Mr. Mosher has made. Ms. Boissonneault submitted that Mr. Mosher has not exhibited violence in over four years, he is not exhibiting positive symptoms of his illness, and the permanent housing in place at Halsey is stable. One statement he made a week ago indicating a desire to move to Ottawa and go to a shelter should not overshadow his progress and needs to be looked at in the backdrop of his progress. Ms. Boissonneault submitted that Mr. Mosher has not consumed alcohol since the February incident and has agreed to be tested for substances despite no requirement to do so in his current Disposition. Ms. Boissonneault submitted that, should the Board find Mr. Mosher remains a significant threat, Mr. Mosher does not oppose the additional terms recommended by the hospital.

Analysis and Conclusions

Significant Threat

50. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board independently finds that Mr. Mosher remains a significant threat to the safety of the public.

51. Mr. Mosher’s index offences were serious. He suffers from schizophrenia. When unwell, he presents with paranoid delusional beliefs, which have resulted in conduct that caused serious physical and / or psychological harm to the public.

52. The Board accepts Dr. Pallandi’s viva voce evidence that Mr. Mosher remains a significant risk to the safety of he public. Specifically, in February 2025 when Mr. Mosher consumed alcohol, he became globally impaired. There was a re-activation of Mr. Mosher’s substance use risk factor. Mr. Mosher’s alcohol use is integrally tied to non-compliance with medication. Non-compliance with medication precipitously raises Mr. Mosher’s risk. Even the brief period of alcohol use in February led to non-compliance with his medication.

53. Mr. Mosher has an extensive history of elopements from hospitals and structured environments. These structured environments, such as Halsey, provide significant and necessary supports. Mr. Mosher would not remain compliant with medication were he not to receive these supports.

54. Mr. Mosher, since consuming alcohol in February, has twice indicated his desire to leave Halsey. While awaiting hospital admission in 2025, he stated that he wanted to go to Nova Scotia. Last week, he stated he wanted to move to Ottawa to a shelter. Housing stability is a critical factor in managing Mr. Mosher’s risk. His expressed desire to leave Halsey, with no plan other than going to a shelter, will lead to housing instability. It is certainly not out of the realm of possibility that Mr. Mosher would leave his stable supportive housing were he not under the jurisdiction of the ORB. He has a long history of eloping and going to shelters as summarized within the Background and History section in these Reasons. He is unable to formulate a plan to obtain medication and receive supports should he leave his stable housing.

55. Dr. Pallandi was clear in his evidence that when not treated Mr. Mosher will become psychotic, which elevates his risk to the public. This is not a trivial risk, as his history indicates.

56. It is clear from Mr. Mosher’s background and history that he has engaged in assaultive behaviours when he is psychotic and unwell.

57. While the Board is aware that Mr. Mosher’s incidents of aggression are historical, his illness has been extremely well managed for a number of years. Mr. Mosher’s past history of alcohol use and its deleterious effect on medication compliance, informs the Board with respect to his present circumstances. His high level of supports, as required by his ORB Disposition, has largely ensured medication compliance, until the events of February 2025.

58. To Mr. Mosher’s credit, he expresses no immediate plan to leave Halsey. However, alcohol consumption leads Mr. Mosher to significantly impaired judgement and impulsivity as is clear from his February elopement from Halsey.

Necessary and Appropriate Disposition

59. In light of the Board’s finding of significant risk, it is charged with shaping a Disposition for the coming year.

60. A Conditional Discharge is necessary to ensure that Mr. Mosher receives the support he requires to remain compliant with medication and abstinent from alcohol. At this time, Mr. Mosher’s risk would be unacceptably high in the context of an Absolute Discharge since it is foreseeable that he would leave his stable housing, consume alcohol, and become medication non-compliant. Non-compliance with medication would likely result in decompensation of his mental health, re-emergence of psychotic symptoms, and ultimately serious harm to members of the public.

61. Given Mr. Mosher’s relapse to alcohol use in 2025 resulting in non-compliance, global impairment, risky behaviour-taking, and his resultant hospitalization, the addition of a substance use prohibition and a substance testing clause in the Disposition is reasonable and necessary.

62. After considering all evidence and submissions of the parties, the Board finds that that the necessary and appropriate, least onerous and least restrictive Disposition, is continuation of a Conditional Discharge with no change to the terms, except the addition of a substance prohibition and related testing terms, as set out in our formal Disposition.

DATED this 23rd day of February 2026, at the City of Toronto, in the Toronto Region.

Ms. C. Murray Legal Member Office of the Registrar Ontario Review Board