Ontario Review Board
Re: Leroy Leyen
ORB File No: 8138
Hearing held on: Tuesday, January 27, 2026
Place of Hearing: Southwest Centre for Forensic Mental Health Care
Pursuant to: Section `672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. J. Bradford
Dr. L. Lightfoot
Ms. K. Tomaszewski
Ms. C. Plyley
Parties Appearing:
Accused: Leroy Leyen
Counsel: Mr. C. Dobson
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DISPOSITION
(Dated February 26, 2026)
Introduction
On September 1, 2022 Mr. Leroy Leyen was found not criminally responsible on account of mental disorder (NCR) on charges of assault with a weapon(x2), mischief under $5000, utter a threat to cause death or bodily harm, utter a threat to kill, poison or injure an animal and failure to comply with a probation order, all contrary to the Criminal Code. Mr. Leyen is currently subject to a disposition of the Ontario Review Board (the Board) dated February 6, 2025 ordering that he be detained at Southwest Centre for Forensic Mental Health Care (the Hospital or Southwest) with privileges up to and including residence in the community of Southwestern Ontario in accommodation approved by the person in charge.
On Tuesday, January 27 2026, the Board convened a hearing to review Mr. Leyen’s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Leyen was present at the hearing by video and represented by counsel, Mr. Dobson.
The issues to be determined at the hearing were whether Mr. Leyen continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, to decide what was the necessary and appropriate disposition that was also the least onerous and least restrictive, taking into account the factors set out in 672.54 of the Criminal Code.
Initial Positions of the Parties
- At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital submitted that Mr. Leyen continued to represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current detention order with the following changes:
Term 2(f) to be amended to allow for passes for up to two weeks in the Province of Ontario indirectly supervised
Terms 2(h) and 3(a) to be deleted from the disposition
Counsel for the Attorney General supported the Hospital position including the recommended changes to the current disposition.
Counsel for Mr. Leyen advised that he would not be contesting the issue of significant threat but submitted that a conditional discharge was the appropriate disposition. However, should the Board feel that a detention order is the necessary and appropriate disposition, he took no issue with the terms as recommended by the Hospital.
Evidence at the hearing
- The evidence at the hearing consisted of the Hospital Report dated November 21, 2025 and the oral evidence of Dr. Arun Prakash, Mr. Leyen’s most responsible physician.
Findings:
- For the Reasons that follow, the Board finds that Mr. Leyen continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the amendments as recommended by the Hospital.
Index Offences:
- The circumstances surrounding the alleged index offences as summarized in last year’s reasons for disposition are as follows:
Assault with a Weapon Contrary to S. 267(A) CCC
On the 14th of February 2022 between 8:00 and 9:00 A.M. at 89742 Fordwich Line in the Township of Howick, the accused Leroy LEYEN attended Wilene LEYEN's house and threatened to kill her and burn her body and put it inside a small box, then Leroy LEYEN proceeded to break a metal spoon and used the metal shank of the spoon and took a stabbing motion with the shank and stopped just as he hit the victim’s skin on the left side of her neck under her ear. Wilene LEYEN was very frightened and proceeded to back away from Leroy LEYEN in an attempt to escape.
Assault with a Weapon Contrary to S. 267 (A) CCC
On the 14th of February 2022 between 9:00 and 9:30 A.M. at 89742 Fordwich Line in the Township of Howick, the accused Leroy LEYEN attended Wilene LEYEN's house and threatened to kill her and burn her body and put it inside a small box, then Leroy LEYEN proceeded to pick up a black meat hack saw. The accused then proceeded to threaten to cut up the victim with it. Wilene LEYEN became very frightened and proceeded to escape and run to her car and drive off to her son's residence for safety.
Mischief Contrary to S. 430(4) CCC
On the 13th of February 2022 between 9:00 A.M. at 89742 Fordwich Line in the Township of Howick, the accused Leroy LEYEN attended Wilene LEYEN's house. Wilene LEYEN locked the door, which caused Leroy LEYEN to become angry and proceed to hit the door aggressively. The victim did not wish for the accused to break the window to the door and proceeded to unlock the door. The accused was very angry and proceeded toward Wilene LEYEN in an aggressive manner causing her to fear for her life and back up toward the glass wall and then proceed to crawl away from him in an attempt to flee. Leroy LEYEN became mad and to grab the kitchen table and flip It, causing it to land on the c hair and damage it. Leroy LEYEN has no colour of right to the table and subsequently Leroy
Uttering Threats – Injure Animal Contrary to S. 264.1(1)© CCC
Between the 8th and the 9th of February 2022 before 12:00 P.M. at 89742 Fordwich Line in the Township of Howick, Wilene LEYEN was walking her dog on the property when Leroy LEYEN proceeded to threaten to shoot Wilene LEYEN's German Sheppard dog
Fail to Comply with Probation Order Contrary to S. 733.1(1) CCC
On the 14th of February 2022 between 8:00 and 9:00 A.M. at 89742 Fordwich Line in the
Township of Howick, the accused Leroy LEYEN attended Wilene LEYEN's house and threatened to kill her and burn her body and put it inside a small box, then Leroy LEYEN proceeded to break a metal spoon and used the metal shank of the spoon and took a stabbing motion with the shank and stopped just as he hit the victim’s skin on the left side of her neck under her ear. Wilene LEYEN was very frightened and proceeded to back away from Leroy LEYEN in an attempt to escape. Consequently Leroy LEYEN failed to comply with the condition of keep the peace and be of good behaviour.
Uttering Threats - Cause death or Bodily Harm-Spousal Contrary to S. 264.1(1)(a) CCC
On the 14th of February 2022 Leroy LEYEN was arrested and charge the above charges. Leyen was transported to the Huron Detachment located at 325 Albert Street in Clinton and placed into cell #4. While in police custody Leyen utter a threat to cause death to his wife Wilene LEYEN. Leroy Leyen uttered "I'm going to kill Wilene when I get home". Leyen continued to utter that he would kill his wife upon his release. The threats were witnessed by Dave Walker who was working in the capacity of an OPP guard.
Background Information Regarding the Accused:
As of the date of the hearing, Mr. Leyen was 59 years of age and is in the middle of a sib line of three brothers. Although he did complete grade 12, he began to skip school when he was in grade 6 in order to work on the family farm. His older brother committed suicide at the age of 24.
Mr. Leyen married in 1991 when he was around 25 and the family had three sons. Both Mr. Leyen and his wife, the victim of the index offences, described their relationship as conflictual.
Substance Use History
Mr. Leyen began drinking alcohol at the age 12 or 13 and began drinking daily when he was in high school and drank most days since then. At the peak of his drinking, he drank up to 60 ounces of hard liquor every day but began cutting down in 2022 when he ceased drinking hard liquor and only drank up to “six beers after supper”. He reported having experienced blackouts and withdrawal symptoms.
Mr. Leyen also began smoking cannabis at the age of 12 or 13 and quickly escalated to daily use which continued throughout his adult life. He also has a history of use of other substances such as cocaine, methamphetamine, hallucinogens and opioids although he stopped using most of those substances and was only using cocaine on occasion in the years leading up to the index offences.
He entered a residential substance abuse treatment program in 1995 but left without completing the program.
Legal History:
- Mr. Leyen’s criminal record includes the following:
1986-08-27 Wingham ON
Poss of a Narcotic Sec 3(1) NC Act
$100
1987-6-03 Listowel ON
Poss of a Narcotic Sec 3(1) NC Act
$200
1992-02-12 Minden ON
1)Obstruct Peace Officer Sec 129 CC 2)Poss of Narcotics Sec 3(1) NC Act
1)$250 I-D 10 Days 2)$500 I-D 30 Days
1995-03-15 Wingham ON
Poss of a Narcotic Sec 3(1) NC Act
$750 I-D 35 Days & Probation 12 MOS
2012-02-21 Bracebridge ON
- Poss of a Schedule II Substace Sec 4(1) CDS ACT
- Poss of a Schedule II Substace Sec 4(1) CDS ACT
1)$500 & Probation 12 MOS 2)$500 & Probation 12 MOS
2021-02-01 Kirkland Lake ON
Uttering Threats Sec 264. 1(1) (A) CC
Uttering Threats Sec 264. 1(1) (A) CC
Uttering Threats Sec 264. 1(1) (A) CC
Resist Peace Officer Sec 129129(A)Uttering Threats Sec 264. 1(1) (A) CC
Assault Peace Officer Sec 270(1)(A) CC
6 Mos Conditional Sentence & Probation 18 Mos & Discretionary Weapons Prohibition Sec 110 CC for 5 years
6 Mos Conditional Sentence & Probation 18 Mos & Discretionary Weapons Prohibition Sec 110 CC for 5 years
6 Mos Conditional Sentence & Probation 18 Mos & Discretionary Weapons Prohibition Sec 110 CC for 5 years
6 Mos Conditional Sentence & Probation 18 Mos & Discretionary Weapons Prohibition Sec 110 CC for 5 years
6 Mos Conditional Sentence & Probation 18 MOS and discretionary Weapons Prohibition Sec 110 CC for 5 years
2022-08-04 Kirkland Lake, ON
- Dangerous Oper of a Conveyance Sec 320.13(1)
- Fail to Comply with Probation Order Sec 733.1(1)
1)1 Day Conc & Prohibited from Operating a Motor Vehicle for 1 YR 2)1 Day Conc
2022-08-04 Kirkland Lake, ON
- Dangerous Oper of a Conveyance Sec 320.13(1)
- Fail to Comply with Release Order Sec 145(5)(A)
1)1 Day (150 Days Pre-Sentence Custody) & Prohibited from Operation A Motor for 1 YR 2)1 Day Conc
- In addition, the Hospital was in receipt of a probation order for two years dated September 1, 2022 with respect to convictions for possession of a firearm without being the holder of a license, possession of a firearm while prohibited and breach of a release order.
Psychiatric History
Mr. Leyen’s first admission to hospital with respect to mental health related issues was in December 1994 when he was admitted involuntarily under the Mental Health Act. He had broken his leg approximately two weeks previous and had left Hospital against medical advice and self-medicated at home with alcohol, painkillers, and cannabis. His behaviour deteriorated at home and he began hearing the voice of his deceased brother giving him commands. He experienced paranoid thoughts and threatened to kill himself, his wife and their children. Upon admission to hospital, he presented as labile, belligerent and hostile. He was discharged three days later after he was found to no longer be certifiable. The discharge diagnosis was substance abuse problems, organic brain syndrome, and possible antisocial personality traits.
After his discharge Mr. Leyen returned to the use of large amounts of marijuana and he became threatening at home and demonstrated inappropriate sexual behaviour. He was apprehended by police three days after his discharge and brought to hospital. Upon admission he was belligerent, agitated and threatening. He was certified under the Mental Health Act and required chemical restraints. With treatment his mental state gradually improved and after 10 days medications were discontinued for the remainder of his admission. He was referred for a neurological assessment but no evidence of brain injury was found. He was diagnosed with substance abuse problems and family problems. He was referred to a drug treatment program and discharged from hospital after approximately three weeks.
Two days after discharge, Mr. Leyen entered a drug treatment program where on admission he was described as “quite bizarre, demanding, difficult to handle” and was expelled from the treatment program. He was then returned to hospital on a Form 1 under the Mental Health Act after he was found driving in his tractor naked. Treatment with antipsychotic medications gradually led to a resolution of his symptoms but he was weaned off antipsychotics for the final week of his admission and his symptoms did not recur. He was diagnosed with psychosis, possibly due to substance use, or possibly due to underlying psychotic disorder.
Mr. Leyen was admitted to the Monteith Correctional Complex in August 2021 and upon admission he was noted to have a disorganized thought process, was “naked much of the time; urinating around the cell; drinking toilet water… yelling and screaming regularly”. By mid-September his psychotic symptoms resolved and he was diagnosed with a likely substance-induced psychotic disorder although the possibility of an underlying psychotic illness was also discussed.
After his arrest with respect to the index offences Mr. Leyen was incarcerated at the Elgin Middlesex Detention Centre (EMDC). On admission his behaviour was noted to be very aggressive and violent and he was disorganized unpredictable and sexually inappropriate. He was transferred to hospital where he was admitted with delirium. Upon his return to EMDC his delirium had resolved but he continued to be nonsensical and hypersexual.
Current Diagnosis
Bipolar Disorder – Type 1
Substance Abuse Disorder
Evidence of Dr. Prakash
- Dr. Prakash indicated that:
He was Mr. Leyen’s most responsible physician and had read and adopted the contents of the Hospital Report. Mr. Leyen began his transition into the community in December 2023 with a series of LOAs to his son and daughter-in-law’s home. He was granted an extended LOA on April 5, 2024 and was discharged into the care of the Forensic Outreach Team on June 27, 2024. He currently resides on a large farm. His family lives in close proximity.
Since his discharge from hospital Mr. Leyen has attended all appointments with the outreach team and has not displayed any symptoms of his mental illness although he has shown a level of irritability. The treatment team wants to work with his family to educate them with respect to early signs of a return of symptoms of his illness.
His wife, the victim of the index offences, has provided her consent to have contact with him to the Hospital and up to the time that his driver’s license was reinstated she would take him appointments.
Mr. Leyen recently commenced biweekly counselling support with the Farmers Wellness Initiative1 and met with a psychiatrist on the day of the hearing that his family doctor had referred him to.
Mr. Leyen’s insight into the index offences is good but his insight into the nature of his illness is underdeveloped and he continues to sometimes question the need for medication. If he ceased taking medication he would decompensate within a short period of time and faster if also using cannabis. Although Mr. Leyen has indicated he does not intend to return to use of cannabis his insight into the impact of cannabis use on his mental health is limited. However, he has been both adherent to medication and abstinent from substances since his admission to hospital subsequent to the NCR finding.
Mr. Leyen would not likely return to hospital voluntarily, if requested, and the Mental Health Act would not be effective in returning Mr. Leyen to hospital should he decompensate. Dr. Prakash noted that the Box A criteria are reactive and would only be available after risk had already reached an unacceptable level, and that Box B were not available. The insertion of a “Young clause” in a disposition would also in his opinion not be effective in managing risk .
The treatment team was recommending the removal of the prohibition from substance use in order to test Mr. Leyen’s commitment to abstinence while remaining under the jurisdiction of the Board.
If Mr. Leyen remained adherent to medication, abstinent from substances and symptom free over the upcoming reporting year, the treatment team would have to seriously consider whether he continued to meet the test for significant threat to the safety of the public.
Final Positions of the Parties
Both counsel for the Hospital and counsel for the Attorney General maintained their initial positions.
Counsel for Mr. Leyen also maintained his initial position that a conditional discharge was the necessary and appropriate disposition and advised that, should the Board grant a conditional discharge, his client would consent to a specified address term as well as consent to taking treatment pursuant to section 672.55 of the Criminal Code.
Analysis and Conclusion, Significant Threat:
Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that the evidence clearly establishes that Mr. Leyen continues to constitute a significant threat to the safety of the public. He suffers from a long-standing major mental illness as well as a long-standing severe polysubstance abuse disorder. He has a history of aggression, paranoia, disorganization and inappropriate sexual behaviour when unwell and has a criminal record including offences of violence.
Although he has been adherent to prescribed medications and abstinent from substances since his NCR finding, his insight into the need for medication, the relationship between his illness and the index offences as well as the impact of substance use on his mental health is limited.
Absent forensic supervision and support there is a real risk that Mr. Leyen would fall away from his treatment plan and destabilize. He would be unable to cope with or recognize signs of decompensation and his aggressive behaviour would resurface increasing his risk of violence.
Analysis and Conclusion Necessary and Appropriate Disposition
The Board also finds that the evidence clearly supports a finding that the necessary and appropriate disposition is a continuation of the current detention order with the amendments as recommended by the Hospital and supported by the other parties.
The Board has considered whether the imposition of a conditional discharge with the residence and treatment conditions recommended by counsel for Mr. Leyen would be appropriate and finds that in all the circumstances it would be insufficient to manage risk. The evidence of Dr. Prakash, which the Board accepts, is that, should he begin to decompensate, he would not return to hospital voluntarily if requested, and that neither the provisions of the Mental Health Act or a “Young clause” would be sufficient to manage risk. His long history of aggressive behaviour, substance use combined with his limited insight and potential for rapid decompensation require that the Hospital be able react proactively to return him to hospital prior to any decompensation reaching a level which would justify the use of the civil mental health process.
However, the Board also notes the evidence of Dr. Prakash that should Mr. Leyen continue to be adherent to medication, abstinent from substance use and symptom free over the upcoming reporting year the treatment team would have to seriously consider whether he continued to meet the test for significant threat to the safety of the public. The Board agrees with that assessment, assessment, particularly if Mr. Leyen develops a therapeutic relationship with the community psychiatrist during the upcoming year.
DATED this 26th day of February 2026, at the City of Toronto, in the Toronto Region.
Robert Bigelow
Alternate Chairperson
Office of the Registrar
Ontario Review Board