Ontario Review Board
Re: Kyodie Lavaun Wedderburn
ORB File No: 6725
Hearing held on: Tuesday, January 27, 2026
Place of hearing: Ontario Shores Centre for Mental Health Sciences Via Zoom Video Conference
Pursuant to: Section 672.81(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: Kyodie L. Wedderburn Counsel: Mr. F. Bernhardt
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated February 23, 2026)
Introduction
On March 4, 2015, Kyodie Wedderburn was found not criminally responsible on account of mental disorder on charges of armed robbery, disguise with intent, and failure to comply with probation work (x2).
Mr. Wedderburn is currently subject to a Disposition of the Ontario Review Board dated February 5, 2025, by which he was ordered to be detained within a General Forensic Unit of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”). That Disposition provides for a number of prohibitions and a number of privileges.
On Tuesday, January 27, 2026, the Board convened at Ontario Shores and conducted the annual review of Mr. Wedderburn’s Disposition.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Szabo appeared for Ontario Shores. She advised of the hospital position that Mr. Wedderburn remains a significant threat to public safety, and if the Board so finds, the hospital is recommending that Mr. Wedderburn now be subject to a Conditional Discharge.
Ms. MacDonald appeared for the Crown. Ms. MacDonald agreed with the hospital recommendation.
Mr. Bernhardt appeared for Mr. Wedderburn. Mr. Bernhardt agreed with the Board issuing a Conditional Discharge.
In response to a question from the Alternate Chair, Mr. Bernhardt acknowledged that he would not be contesting the issue of significant threat at this hearing.
Index Offence
- The details with respect to the index offences are abstracted from last year's Board Reasons as follows:
“On Thursday May 29, 2014, at approximately 9:19 a.m., the accused Kyodie Wedderburn, entered the Petro Gas station located at 1896 Eglinton Avenue East in the city of Toronto. At this time, the accused was wearing a black hooded sweatshirt with the hood up effectively hiding his face from the video surveillance located within the gas station.
The accused approached a drink display counter where he briefly stopped and appeared to be looking at the display. A short time later, the accused entered the area behind the cash counter by reaching over the locked door and unlatching the lock.
The accused approached two female employees who were working at the time (the victims). The accused approached the victim (A.D.) and placed a hard object to her back. The accused stated to the victims “Open the till - I have a gun”.
Both the victims then opened their cash tills and allowed the accused to take the quantity of cash from them. The accused then left the cash counter area and stated to the victims “Don't call police until I leave”.
The kids then left the gas station through the front door and was observed by the witness (M) and the victim (A.D.) taking off his black hooded sweatshirt in an area east of the Petro Canada parking lot.
The accused was located by police in the area of Hakimi Avenue and Eglinton Avenue East. The accused was arrested, read his rights to counsel and cautioned.
At the time of arrest, the accused was found to be in possession of the money taken from the Petro Canada gas station (as described by the victim - two 20s and a bunch of fives). This money was located stuffed in the left shoe of the accused party.
The accused was transported to 41 Division where he was held pending a show cause hearing.”
Evidence at Hearing
The Board admitted into evidence the hospital report dated January 19, 2026. The hospital report provides a great deal of information concerning Mr. Wedderburn, his personal history, his mental health history, details of the index offence, and Mr. Wedderburn’s course in hospital and in the community subsequent to 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.
We do note, however, the stated diagnoses of Schizoaffective Disorder, bipolar type; Cannabis Use Disorder, moderate; and obsessive-compulsive personality disorder.
In addition to the documental evidence, the Board heard from Dr. Bhullar. Dr. Bhullar started by noting that her patient has enjoyed “a very good year”. The doctor noted that recently Mr. Wedderburn was agreeable to some changes in his medication. Dr. Bhullar agreed to increase his Abilify. Mr. Wedderburn told the doctor that he felt the increased medication resulted in Mr. Wedderburn reducing the number of voices that he hears. Mr. Wedderburn stated that he still hears voices, but they are no longer making demands, and they are not as stressful as previously.
Mr. Wedderburn also agreed to an increase in his Clozapine. This was started early in December of last year. Mr. Wedderburn reports his belief that he is now thinking more clearly.
The doctor advised that Mr. Wedderburn is treatment incapable, and that his mother is the substitute decision maker (SDM).
Ms. Szabo asked the doctor as to her plans for the coming year. The doctor indicated an intention to continue to work with Mr. Wedderburn to improve his social skills.
The doctor noted that Mr. Wedderburn has also agreed to participate in a cognitive assessment. There have been chronic memory issues, and the doctor hopes that a cognitive assessment will be completed and will be beneficial.
Ms. MacDonald noted that there is a travel pass that would permit Mr. Wedderburn to travel to Jamaica. The doctor noted that Mr. Wedderburn’s mother lives in Toronto and is Jamaican and would like to be able to visit Jamaica with her son. Mr. Wedderburn’s mother is an approved person. He has been spending overnights at her residence and has also been spending consecutive days and nights at her residence. Mr. Wedderburn goes to church with his mother every weekend.
The doctor noted that this past year, Mr. Wedderburn moved from Scott House to Sims House. There is less supervision at Sims House, and this is clearly a step forward for Mr. Wedderburn.
The doctor would also like to work on vocational skills with Mr. Wedderburn, with the hope that he may be able to find some sort of community employment.
No other evidence was heard at this hearing.
Submissions
- Each party maintained their original position. The Board was accordingly dealing with a joint recommendation that Mr. Wedderburn should now go from a Detention Order to a Conditional Discharge.
Findings of the Board
The Board accepts without reservation the evidence of Dr. Bhullar, and the evidence contained in the hospital report. In response to a question from the Alternate Chair, Dr. Bhullar advised that it is her opinion, and the unanimous opinion of the clinical team, that Mr. Wedderburn remains a significant threat to public safety. The Board accepts that evidence.
The Board also accepts that public safety will not be compromised with Mr. Bhullar being subject to a Conditional Discharge as opposed to being under a Detention Order.
Accordingly, the Board will issue a Conditional Discharge, including all of the terms recommended by the hospital.
In reaching our Disposition, the Board as taken into consideration public safety, Mr. Wedderburn’s mental condition and his other needs, and Mr. Wedderburn’s transition into society.
DATED this 23rd 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