Ontario Review Board
Re: Tim M. Saunders
ORB File No. 8864
Hearing held on: Monday, January 12, 2026
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.47(3) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. Y. Alatishe
Dr. P. Wright
Ms. R. MacIntyre
Mr. K. McKenna
Parties Appearing:
Accused: Tim M. Saunders
Counsel: Ms. K. Stein
The person in charge of hospital: Representative: Dr. A. Adiele
Attorney General of Ontario: Counsel: Ms. J. Masse
REASONS FOR DISPOSITION
(Dated February 25, 2026)
Introduction
- Mr. Saunders was found not criminally responsible (“NCR”) on September 17, 2025 for the following criminal code offences:
Causing a Disturbance;
Assault a Peace Officer with a Weapon;
Indecent Act;
Assault Peace Officer x 3;
Resist Arrest x 4.
The court made a disposition on September 17, 2025, imposing a discharge with numerous conditions that include a prohibition from the use of alcohol, drugs, or any other intoxicant, and with the accused’s consent, a treatment clause pursuant to s. 672.55(1) of the Criminal Code. Mr. Saunders is also required to reside at 1-1 Russell Street East in Smiths Falls and provide urine samples for analysis.
A panel of the Ontario Review Board (“the panel”) convened this initial hearing on January 12, 2026, at the Brockville Mental Health Centre to conduct Mr. Saunder’s initial Review Board hearing pursuant to s. 672.47(3) of the Criminal Code of Canada.
Mr. Saunders attended the hearing with his counsel.
At the commencement of the hearing, the Hospital submitted that Mr. Saunders is a significant threat to the safety of the public, and recommended a continuation of the conditional discharge imposed by the court with the same terms as being necessary and appropriate. Counsel for the Attorney-General concurred in the Hospital’s recommendations. Counsel for Mr. Saunders asked the panel to consider an absolute discharge, and if the panel found that Mr. Saunders was a significant threat to public safety, requested that the term requiring Mr. Saunders to provide urine samples be removed.
After considering the evidence, the panel concluded that a continuation of a conditional discharge was appropriate. The panel also concluded that the provision requiring Mr. Saunders to provide urine samples should remain in the Disposition, but that the term prohibiting possession of weapons and the term prohibiting contact with the various police officers should be removed.
Index Offences
- The facts pertaining to the index offences are taken from the Smiths Falls Police Service case file synopsis.
“On April 22, 2024, at 8:52 in the morning, a police officer observed Mr. Saunders cross the road against the pedestrian walk signal and almost get struck by a vehicle passing through the intersection on a green light. Mr. Saunders was then observed to walk in front of another vehicle which came close to hitting him.
The officer approached Mr. Saunders and told him to follow the pedestrian crosswalk signals. Mr. Saunders charged at the officer and threw a hot cup of coffee at him. The officer told Mr. Saunders to get on the ground, and Mr. Saunders responded by yelling and exposing his genitals. It should be noted that Mr. Saunders is approximately 6’5” tall and weighs approximately 260 lbs. He refused to follow the directions of the officer and ran into his apartment. Two police officers arrived and attempted to talk Mr. Saunders into leaving his apartment. He eventually came out of his apartment holding what the police believed to be a pointed weapon. Mr. Saunders lunged at the police and spat on 3 of the officers. A taser was deployed and the officers were able to gain control of Mr. Saunders who continued to struggle after being handcuffed. The item thought to be a weapon was a black paint brush. During a search of Mr. Saunders following his arrest a box knife was found in his pant pocket.”
Evidence of Hospital
The evidence at this hearing included the NCR Assessment Report authored by Dr. Adiele dated June 27, 2025, the Hospital Report prepared for this hearing dated December 16, 2025, also authored by Dr. Adiele, and Dr. Adiele’s testimony. Mr. Saunders also testified at this hearing. The Hospital Report provides a detailed review of Mr. Saunders’ personal and mental health history. The hearing parties and the panel were also provided with various court documents that were entered into the record.
Mr. Saunders is diagnosed with Schizophrenia, mild Cannabis Use Disorder, and moderate Tobacco Use Disorder.
Mr. Saunders was born in Germany on February 23,1988. His father was a Canadian businessman, and his mother a German national. They married in Germany and established their initial family life there.
The Hospital Report indicates that, even as a toddler, Mr. Saunders exhibited challenging temperamental characteristics, including extreme temper control issues and head-banging behaviour when frustrated between the ages of 2-3. His mother described this behaviour as very extreme. Despite these behavioural issues, however, Mr. Saunders demonstrated exceptional intellectual capacity and academic achievement throughout his elementary years. The family returned to Canada when Mr. Saunders was approximately 3 years old. They moved residences frequently but ultimately settled in the Smiths Falls area.
Mr. Saunders’ parents separated when he was 11-12 years old. According to his mother, this was a “bad breakup” that evolved into a protracted legal battle lasting five years before the divorce was finally resolved. Not surprisingly, Mr. Saunders witnessed significant family conflict and instability. At the age of 13, Mr. Saunders and his mother were engaged in an argument, and she stabbed him with a fork. He immediately left his mother’s home and began residing with his father. He remained living with his father until he left home for university at the age of 18.
The home environment with his father was difficult for Mr. Saunders. His father’s property consisted of 5 acres, some of which was wooded, and provided space for various animals and hunting activities. Mr. Saunders’ father travelled frequently leaving Mr. Saunders alone to care for the animals, such as feeding the chickens, and maintaining the property.
Mr. Saunders was exposed to child pornography by his father. Mr. Saunders also reported that he was touched inappropriately by his father when he was 13 years old.
Despite these challenges, Mr. Saunders continued to excel academically. He was elected student council president in his final year of high school; was involved in multiple theater productions and ran track. Mr. Saunders believes that he started to experience symptoms of anxiety at this time.
Following his graduation from high school, Mr. Saunders attended York University to study Fine Arts. The transition to university proved challenging both academically and socially. He developed a sense of isolation and stress. During his second year at York, he experienced his first documented visual hallucinations. He began to see purple halos around peoples’ heads while he was riding the bus. His academic performance deteriorated substantially, and he made the decision to leave university. After a brief period of time in Kingston he returned to his mother’s home.
This new living arrangement created new stresses for Mr. Saunders. He had been estranged from his family for a number of years and was now living with his mother, his brother, and his sister. There were conflicts with his brother in particular, and on one occasion, during a physical altercation, Mr. Saunders dislocated his brother’s arm.
At the age of 20-21, Mr. Saunders moved to North Bay with the intention of joining a rock band. His involvement with the band was very brief. He began a relationship with a woman who he met on a dating website. She worked in the sex trade and was heavily involved in the drug culture; particularly, psilocybin mushrooms and cannabis. She introduced Mr. Saunders to these substances which precipitated his first major psychotic episode. He was hospitalized in North Bay for 5 months. After leaving North Bay he returned to the Kingston area to live with his mother. From this point in time until the index offence, Mr. Saunders has intermittently complied with his medication regimen and intermittently abstained from cannabis use. He has been hospitalized on many occasions after stopping his medication, consuming cannabis, with the resulting re-emergence of psychotic symptoms. However, there has not been any episodes of violent behaviour until the index offence. Mr. Saunders’s substance use began in North Bay, and substances have had a direct link to psychotic episodes and hospitalizations. Substance use has also negatively affected his medication compliance and behaviour.
Approximately six years ago there was an incident which resulted in Mr. Saunders being told to leave his mother’s home and not return. He was running around his mother’s house naked, holding his genitals, and asking his mother if she wanted a piece of this. She contacted the police, and Mr. Saunders was taken to the hospital. She did not allow him to return to her home after this incident. Mr. Saunders’ mother described his behaviour as having become increasingly erratic and concerning at this time.
For the past 3 years, Mr. Saunders has lived independently in an apartment on Russell Street in Smiths Falls. He pays $1100.00 monthly from his monthly ODSP income of $1368.00. He has also accumulated approximately $30,000.00 of debt from online shopping sprees that occurred during manic episodes. His mother and sister have described his apartment as, “disgusting nightmare conditions with poor sanitation, and evidence of hoarding-type accumulation of various items.” A cardboard shelf that Mr. Saunders found on the street was infested with cockroaches. It was apparent that Mr. Saunders did not appreciate the severity of his living conditions which suggested impaired judgment even when relatively stable.
The Hospital Report refers to Mr. Saunders explaining his mental state at the time of the index offence, which reveals elaborate delusional beliefs that were dominating his thinking at the time. He acknowledged that he had been quite sick for a while before the offence. His life was like a movie, and the world had turned into a video game. He had just returned from Mars, and everyone’s behaviour was controlled by aliens. His behaviour during the index offence resulted from a desire to be unpredictable. He assaulted the police because he believed they wanted a confrontation. He didn’t want to be controlled by the system. He stated that he was completely psychotic at the time, and was not in control of his actions.
Mr. Saunders had not taken his antipsychotic injection for approximately 3 months prior to the index offence and further indicates that he was on a “6-month bender” before the offences. This refers to significant cannabis use.
During the NCR assessment Mr. Saunders identified taking his medication and avoiding cannabis as a strategy for preventing future relapses. He also stated, that if he needed help, he would call the hospital.
In North Bay, Mr. Saunders experienced elaborate religious delusions, hallucinations, and bizarre behaviour which included urine consumption. He was located by the police meditating in the woods and taken to the hospital.
After returning to the Kingston area following his discharge from the North Bay Hospital, Mr. Saunders was stable for two years. At age 25 he stopped taking his antipsychotic medication, suffered a relapse, and was hospitalized for two months. The second episode established a pattern that would characterize the next 15 years. Periods of stability while compliant with his medication was followed by rapid deterioration on discontinuing his medication. There were 2 further admissions to the Kingston Hospital.
At age 27, Mr. Saunders’ care transitioned to Brockville General Hospital. Over the following years he had multiple admissions to the Brockville Hospital, usually precipitated by medication non-compliance and cannabis use. Between 2019 and 2021 Mr. Saunders had 12 psychiatric hospitalizations. He stabilized quickly with the resumption of antipsychotic medication, and was discharged after relatively short periods of time in the hospital.
On December 27, 2024, the Lanark, Leeds and Grenville Addictions and Mental Health, conducted a mental health assessment after Mr. Saunders was referred to them by the court. During this assessment, Mr. Saunders described being in a state of euphoria, experiencing auditory hallucinations, persecutory delusions, and feeling paranoid.
The Hospital Report details Mr. Saunders’ condition over the next 4-5 months. It indicates that the psychotic symptoms continued, including paranoid beliefs about his mother. The Report also indicates that in April 2025, he had developed a new friendship which resulted in increased cannabis use.
In May 2025, Mr. Saunders was hospitalized. In addition to the paranoid beliefs concerning his mother, he expressed a profound fear that he may hurt someone and that he needed assistance. He was hospitalized for 2 weeks and then discharged after his condition stabilized. There are currently no active delusions, and he has developed excellent insight into his previous delusions being a product of his mental illness.
Mr. Saunders was interviewed by Dr. Adiele on 2 occasions in November 2025. Mr. Saunders reports that he has been doing well since his last assessment in June 2025. There have been no behavioural incidents, he has maintained compliance with his medication and has abstained from the use of alcohol and cannabis.
He receives an injection of his antipsychotic medication, Paliperidone, every three weeks from his family physician, which is in addition to Olanzapine taken orally each day.
Mr. Saunders can be described as financially insecure. He typically attends a local café each morning and receives a free breakfast. He was recently informed, however, that he will have to start paying for his meals which will create additional financial stress.
Mr. Saunders is a talented artist and sold some of his artwork in September 2025, for approximately $ 450.00. He plans to continue selling his paintings which will, hopefully, generate additional income. This is particularly important since he has accumulated approximately $ 30,000.00 of debt, and he receives daily calls from collection agencies. These calls are very stressful for him. Mr. Saunders advised Dr. Adiele that, “he is currently not in the mental headspace to return to work,” but that he may consider applying to a nearby Giant Tiger store.
Mr. Saunders walks to his mother’s home daily to retrieve his daily allotment of 20 cigarettes. He also maintains contact with his sister who pays his $ 116.00 monthly cell phone bill. He has no contact with his father or brother.
Mr. Saunders reports ongoing challenges with his living situation, specifically, a persistent cockroach infestation in his apartment. His landlord has not responded to requests for assistance, and Mr. Saunders is quite distressed by this ongoing issue.
He has had orthostatic hypotension for approximately 12 years, but he indicates that the symptoms have become worse recently. Mr. Saunders describes dizzy spells and falling to his knees. He has an appointment scheduled to see a cardiologist.
The Hospital Report indicates that, during a recent meeting with Dr. Adiele, Mr. Saunders displayed good insight into the importance of medication compliance and the avoidance of cannabis. He was able to provide a detailed recollection of his deteriorating mental state prior to the index offenses, describing significant psychotic symptoms, including tactile hallucinations, paranoid ideations, and grandiose delusions.
Mr. Saunders maintains stable contact with health professionals. He sees his family physician monthly, and psychiatrist Dr. Ahmed at the Leeds, Lanark & Grenville Mental Health monthly.
Testimony of Dr. Adiele
Dr. Adiele testified and highlighted the salient facts in the Hospital Report. He acknowledged that Mr. Saunders is doing well and is mentally stable at the present time, and that this is a result of being compliant with his medication and abstaining from cannabis.
Dr. Adiele also stated that Mr. Saunders requires support from the mental health team to help him cope with the stresses arising from his living and financial situations. A return to cannabis use, together with medication non-compliance would result in the emergence of his psychotic symptoms and behaviour that would put the public at risk. In Dr. Adiele’s opinion, Mr. Saunders needs to demonstrate long-term mental stability, compliance with his medication, and no cannabis, before he would recommend an absolute discharge.
In answer to questions from the Crown, Dr. Adiele testified that requiring Mr. Saunders to provided samples of his urine for analysis is important and should be included in the Disposition. A return to cannabis use would be very harmful to Mr. Saunders’ mental health, so it is necessary for the Hospital to regularly check for any such substance use.
Dr. Adiele rated Mr. Saunders risk of future violent behaviour as moderate with supervision. He also expressed his concern with Mr. Saunders history of stopping his medication, cannabis use, and the deterioration of his mental state. Dr. Adiele referred to the May 2025, hospitalization as a time when Mr. Saunders was unwell and a Form 1 under the Mental Health Act was necessary.
Dr. Adiele acknowledged to counsel for Mr. Saunders that Mr. Saunders has developed tremendous insight into the index offence and his condition at that time. Dr. Adiele agreed that Mr. Saunders knows the importance of taking his medication, and with reference to the May 2025 hospitalization, Mr. Saunders was aware he was not well and took himself to the hospital.
Dr. Adiele referred to the factors in Mr. Saunders life that create stress and that Mr. Saunders would benefit from having support in the community.
Counsel for Mr. Saunders correctly suggested to Dr. Adiele that Mr. Saunders currently sees Dr. Ahmed at the Leeds and Grenville Mental Health monthly, and that their office is located much closer to Mr. Saunders’ residence than the Brockville Mental Health Centre.
Dr. Adiele indicated that Mr. Saunders was unwell from January to March 2024, and did not seek help, which has occurred often in the past.
Dr. Adiele responded to questions from the panel by stating that the current debt and calls from collection agencies is stressful for Mr. Saunders. Since September 2025, Mr. Saunders has been seeing Dr. Ahmed and the outpatient team. Dr. Adiele expressed a concern that, if Mr. Saunders received an absolute discharge, he may not see the need to continue seeing Dr. Ahmed. Dr. Adiele reiterated that Mr. Saunders is a moderate risk to reoffend with a support system in place. With an absolute discharge and no supports being provided, Dr. Adiele is uncertain as to whether the risk would increase.
Dr. Adiele confirmed that there have not been any psychotic symptoms since June 2025, and there has not been any violent behaviour. When unwell, however, Mr. Saunders experiences command hallucinations and has in the past followed the commands. Mr. Saunders stopped taking his medication over the years because he no longer felt it was necessary.
Dr. Adiele was referred by a panel member to the Risk Management Scale on page 77 of the Hospital Report. This scale provides that Mr. Saunders presents with 4.5 of 5 risk management factors, indicating substantial concerns about future risk scenarios even given his current relative stability. These risk factors concern a precarious financial situation, unsatisfactory housing with the infestation of cockroaches, lack of a feasible plan to address these issues, lack of structure in his daily routine, and lack of pro-social activities. An absolute discharge would remove the regular monitoring through urine screens and forensic team contact which could eliminate the external accountability that may be supporting his current compliance.
Exposure to destabilizers is anticipated in Mr. Saunders’ future circumstances. He continues to reside in the same apartment where he decompensated prior to the index offence, with the same environmental stressors that contributed to his relapse. Financial insecurity, substantial debt, social isolation, a strained relationship with his mother, and lack of structured activities have all contributed to a decline in his mental health.
Dr Adiele confirmed that Mr. Saunders could continue seeing Dr. Ahmed if given an absolute discharge but cautioned that Mr. Saunders may not see the need to consult Dr. Ahmed if given an absolute discharge.
Mr. Saunders testified. He informed the hearing that he now receives a $ 524.00 monthly subsidy in addition to his ODSP. He stated that he would continue to see Leeds and Grenville Mental Health if given an absolute discharge. He attends church, and recently went out for dinner with his mother, sister, and brother-in-law to celebrate his mother’s birthday. He testified that he is aware that he needs to take his medication to remain well. He also advised the hearing that he stopped his medication prior to the index offence as a test. He wanted to see if being off medication enhanced his music. He stated that he is committed to remaining on his medication, but did not commit to remaining abstinent from substances as that was “between him and god.”
Mr. Saunders advised that the cost to go bankrupt was $ 2500.00, which he cannot afford, so he may have to get a job.
In response to questions from the Crown, Mr. Saunders testified that prior to the index offence he would pick up his injectable medication and take it to his family doctor. He reduced his Olanzapine from 3 to 2 times daily, which was agreeable to Dr. Ahmed. He stopped taking his injectable medication prior to the index offence because he was self-medicating with cannabis which was part of the drug culture.
In response to questions from the panel, Mr. Saunders testified that about 3 months prior to the index offence his phone plan was cancelled, and he had no contact with his family doctor. He further stated that he found Olanzapine very helpful. Prior to the index offence he preferred cannabis to medication; cannabis made him feel like fighting a battle. He now knows that he should not use cannabis in the future. Reading the Hospital Report and having spent time in jail has been a sobering experience. Mr. Saunders admitted that it “bugs him” to have to be admitted to the forensic system if he becomes unwell.
Submissions
The Hospital simply indicated in its submissions that it had no objection to the removal of the term prohibiting possession of weapons, and the term prohibiting contact with the police officers. Dr. Adiele did reiterate that he thought it appropriate to maintain a requirement that Mr. Saunders provide samples of urine for analysis.
The Crown supported the Hospital’s request for urine samples to be provided since cannabis was a factor in Mr. Saunders mental deterioration, and a regular urine analysis would be an important tool for the forensic team to have. The Crown suggested that the term prohibiting Mr. Saunders from possessing weapons should remain in the Disposition but was somewhat ambivalent about the no contact with the police officers term.
Counsel for Mr. Saunders suggested that the no contact term with the police officers was problematic given the likelihood of incidental contact. Counsel reminded the panel that the weapons used during the index offence were a cup of coffee and a paint brush with regard to the inclusion of a term prohibiting the possession of weapons. He suggested that providing urine samples was an onerous term because it required Mr. Saunders to attend at the Hospital. Counsel referred to Mr. Saunders testifying that he had no intention to use cannabis in the future.
Counsel submitted that the evidence did not support a finding of significant threat. He submitted that Mr. Saunders has had this illness for many years with 1 “glitch” in April 2024. He suggested that Mr. Saunders now has insight into his condition and the importance of taking his medication. Mr. Saunders is capable of managing the risk himself. He submitted that the evidence does not support a finding that Mr. Saunders will return to substance use, and there does not exist on the evidence a foreseeable risk to public safety.
Analysis
Mr. Saunders has been mentally stable since the NCR finding on September 17, 2025. He has been compliant with his medication and has avoided the use of cannabis. He has developed very good insight into his condition and the need for treatment. Mr. Saunders testified that he would continue to take his prescribed medication, not use cannabis, and continue his contact with the Leeds and Grenville Mental Health.
It is quite apparent that Mr. Saunders will continue to be mentally stable if he adheres to his treatment and avoids cannabis.
Mr. Saunders has suffered with this illness for many years. The evidence indicates that the first onset of hallucinations occurred when he was in university, and the first major psychotic episode occurred in North Bay in 2008-2009. In 2013, Mr. Saunders stopped taking his medication and was hospitalized for 2 months. In 2015, his care was transferred to Brockville Mental Health Centre, where he was admitted to hospital on numerous occasions for psychiatric care. Between 2019 and 2021, Mr. Saunders was admitted to the Hospital’s inpatient psychiatric unit on 12 occasions after he stopped taking his medication and consumed cannabis.
The index offence occurred on April 22, 2024. He was charged with numerous offences, including offences of violence that put the public safety at a significant risk. Mr. Saunders had stopped taking his medication approximately 3 months before the index offence, and by his own admission, had been on a “6-month bender-cannabis, prior to April 22, 2024.
In December 2024, he experienced hallucinations, delusions, and paranoia. The Hospital Report indicates that in April 2025, Mr. Saunders began a friendship with someone that resulted in an increased use of cannabis. In May 2025, Mr. Saunders, to his credit, took himself to the hospital after feeling paranoid and having a fear that he would hurt someone.
Since his time at university, a deeply entrenched pattern has developed where Mr. Saunders would adhere to his medication and avoid cannabis use for a period of time, and then relapse after stopping his medication and resuming the consumption of cannabis. As indicated above, Mr. Saunders has been hospitalized on many occasions over the years. When he has been unwell, psychotic symptoms emerge, and his behaviour has become erratic. His behaviour at the time of the index offence represents a significant threat to public safety. In addition, as recently as May 2025, he was hospitalized and feared that he may hurt someone.
Mr. Saunders has various stressors in his life. His home environment is unstable, his financial circumstances are dire, he lacks strong support in the community and generally has a very unstructured daily routine. It is yet to be determined if Mr. Saunders can cope with these stressors without returning to substance use. A return to substance use would most likely affect his compliance with treatment, and then as previously seen, we would expect a re-emergence of his symptoms and behaviour that would likely put public safety at a significant risk.
Mr. Saunders has been in the forensic system a very short period of time, and Dr. Adiele’s evidence to the effect that mental stability is required before considering an absolute discharge is very reasonable. It is appropriate to have forensic oversight at this time to properly manage his risk to public safety.
It is appropriate and necessary that Mr. Saunders be subject to a conditional discharge for this upcoming year with the conditions recommended by the Hospital. A conditional discharge will allow the Hospital to monitor his medication compliance, substance use, and general mental stability with the least amount of intrusion into his liberty. A weapons prohibition and the non-contact clause respecting the police officers, is unnecessary. The weapons used in the index offence were a cup of coffee and a paint brush. There is no evidence to suggest he has access to more offensive weapons. Mr. Saunders may very likely come into incidental contact with the police officers who were assaulted. The index offence occurred because he was unwell, and not because of any animosity towards those officers in particular. Providing a urine sample for analysis is important given the impact substance use has on Mr. Saunders mental health and behaviour.
In coming to this conclusion, the panel has applied the principles provided in s.672.5401 of the Criminal Code.
Dated this 25th day of February, 2026, at the City of Toronto, in the Toronto Region.
Mr. K. McKenna
Legal Member
Office of the Registrar
Ontario Review Board