Ontario Review Board
Re: Victor Cuthand
ORB File No: 3816
Hearing held on: Tuesday, November 25, 2025
Place of hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. P. Darby
Dr. A. Gibas
Ms. M. Chamberlain
Ms. R. Chopra
Parties Appearing:
Accused: Victor Cuthand
Counsel: Mr. M. Sindle
The person in charge of hospital: Representative: Dr. R. Linthorst
Attorney General of Ontario: Counsel: Mr. A. Findlay
REASONS FOR DISPOSITION
(Dated February 24, 2026)
Introduction
On July 31, 2003, the accused, Victor Cuthand, was found not criminally responsible on account of mental disorder on charges of failure to comply with an order to keep the peace and be of good behaviour, not to be away from his residence, not to attend within 500 metres of 152 Barrette Street, Ottawa, break and enter, and causing a disturbance, all contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. Cuthand is currently subject to a disposition of the Ontario Review Board dated December 18th, 2024, which detains him at the Secure Forensic Unit of the Brockville Mental Health Centre – Member of the Royal Ottawa Health Care Group with privileges up to and including to live in the community of Eastern Ontario in approved accommodation.
On November 25th, 2025, the Board convened at the Brockville Mental Health Centre (“BMHC” or “the hospital”) to conduct Mr. Cuthand’s annual review hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Cuthand was present at his hearing and represented by his counsel, Mr. Mark Sindle. Also present were Mr. Cuthand’s Social Worker, Melly McInroy, Family Peer Support Worker, Julie Auchterlonie, and Multi-Skilled Service Worker, Dana McInroy.
Without Prejudice Position of the Parties
- Dr. Linthorst, on behalf of the Hospital, recommended the continuation of the current detention disposition with no changes. That recommendation was supported by both Mr. Findlay for the Crown and Mr. Sindle for Mr. Cuthand. The hearing thereby proceeded by way of a joint position.
Background and Index Offences
The Board admitted into evidence the Hospital Report dated October 17th, 2025, as Exhibit 1. The document provides a great deal of information concerning Mr. Cuthand’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequence to the index offences. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons. Briefly:
Mr. Cuthand is 43 years old and has never been married. He is the oldest of two children. His mother raised him and his sister on her own while working as a policy analyst with the Native Women's Association of Canada. Because of her demanding work schedule, Mr. Cuthand and his sister spent a lot of time in daycare or with babysitters.
Mr. Cuthand's early childhood development was unremarkable. However, by Grade 2, his teachers noticed he was behaving in disruptive ways at school. His mother eventually left her job and started working from home as a consultant so she could homeschool both children.
When Mr. Cuthand turned 16, his mother could no longer continue homeschooling. She tried to get him to attend regular school, but he refused. He didn't want to leave the house and believed that people were watching him. The family doctor thought this was just normal teenage shyness.
By age 18, Mr. Cuthand's behaviour became more concerning. He started covering the television and light sockets and unplugging electrical items. At first, he said this was to save energy, but later admitted he did it because he felt he was being watched. He refused to see a psychologist for help. Eventually, his mother had to ask him to leave the family home. After moving out, Mr. Cuthand's interactions with his family became difficult. He would accuse his mother of having demons and would threaten both her and his sister. Sometimes he would call his mother and tell her to make "the network" stop following him. He also talked about a film project his mother supposedly did at Carleton University that he believed caused people to invade his privacy. However, this film project never actually existed.
Mr. Cuthand reported that he previously used alcohol, cannabis and magic mushrooms.
In 2002, when Mr. Cuthand was about 22 years old, he underwent a court ordered psychiatric assessment. The psychiatrist opined that Mr. Cuthand’s thoughts were disorganized, and he had delusionary beliefs. The doctor diagnosed Mr. Cuthand as experiencing psychosis. Mr. Cuthand refused prescribed medication.
In 2003, Mr. Cuthand was admitted to the Ottawa Hospital for treatment from March 20 to April 9. He was diagnosed with:
Psychotic disorder not otherwise specified
Antisocial Personality disorder
Query Schizophrenia
His mental state improved in hospital, but he left prematurely, against medical advice.
Mr. Cuthand had no criminal record preceding the commission of the index offences. After being found NCR in late July of 2023 Mr. Cuthand was admitted to hospital and initially did well. He was subsequently transitioned to live in the community. There, a repeating pattern developed:
He would be released to live in the community
He would stop taking his medication
His condition would worsen
He would be brought back to hospital
He would stabilize with treatment
Mr. Cuthand also repeatedly breached prohibitions requiring him to avoid the use of drugs and alcohol. Because of these ongoing problems, in September 2005, the hospital recommended—and the Review Board ordered—that Mr. Cuthand be detained at the Royal Ottawa Mental Health Centre (“ROMHC”) absent permission to reside in the community.
Mr. Cuthand stayed at the ROMHC until April 2008, when he was transferred to the Brockville Mental Health Centre. In late 2018, he began living at FITT house, a facility with 24-hour supervision. He remained there until August 3, 2019, when he eloped.
Mr. Cuthand used the name Jonathan Edward during his elopement. Under this false name, he was charged with assault with a weapon, criminal harassment and failing to attend a court appearance. Mr. Cuthand was to appear in court on June 28, 2024, but failed to do so. As a result, the court issued a warrant for his arrest. On July 17, 2024, Toronto Police became involved with Mr. Cuthand for a different issue. During this contact, they discovered the warrant for his arrest, and he was arrested again. On July 22, 2024, police checked his fingerprints and discovered that "Jonathan Edward" was actually Mr. Cuthand. They also found warrants from the Ontario Review Board. On July 29, 2024, Mr. Cuthand was moved from the Toronto jail to the Brockville Mental Health Centre where he has remained to the date of this hearing.
Mr. Cuthand has lived on BMHC Unit B3 South since March 16, 2025. He is treatment incapable, and his sister is his substitute decision maker in that regard. He is medication compliant and cooperative with required blood tests.
On September 30, 2025, Mr. Cuthand began a community orientation program. When he completes this program, he will be allowed to access the community without direct staff supervision for specified periods of time.
Mr. Cuthand has not used any other drugs or alcohol since his return to hospital. However, Mr. Cuthand does not recognize or admit that he had problems with drug use in the past. Hospital records indicate he used drugs both before and during his extended elopement.
The circumstances giving rise to the charges on the index offences are set out in last year’s Reasons for Disposition dated February 7th, 2025, as follows:
“On December 10, 2001, the accused was sitting alone at the back of an Ottawa City bus. The victim and three friends entered and sat at the back of the same bus. Mr. Cuthand without reason or provocation stood up and threw his cellular telephone at the victim. The telephone bounced off the window and hit her on the side of the head. Mr. Cuthand stated that he was confused as a result of taking medication following the extraction of wisdom teeth. He stated that he was agitated when the girls sat near him on the bus.
In August 2002 Mr. Cuthand incurred two breaches of an earlier conditional release when he attended at his mother’s residence contrary to one of the conditions imposed. He indicated that he had gone there to get some of his clothing. He also refused to provide his identity identifying himself as “Runs Fast All Over Again.” He indicated that people tend to not believe his real name.
On December 26, 2002, Mr. Cuthand was provided $10 for a taxi fare by a friend so that he would be able to return to his home. When this was not enough, he asked to stop at the 7-11 and asked to be given cash by using his bank card. He was advised to use the bank machine. The police then saw him and arrested him for breach of one of his release conditions. On January 20, 2003, it is alleged that Mr. Cuthand spat on a bus driver. He explained that there was something in the bus driver’s body that made him agitated and led the bus driver to ask him to get off the bus.
It is alleged that on April 29, 2003, Mr. Cuthand made threatening-type comments and gave a false identity to police after he had been observed by security guards at Algonquin College going through garbage.”
Current Diagnoses
Schizophrenia
Cannabis Use Disorder, severe, in controlled environment
Evidence
In addition to the documentary evidence the Board heard from Dr. Rhys Linthorst.
Dr. Linthorst advised he has only been working with Mr. Cuthand for the past six weeks and as at the date of this hearing, has met with him on two to three occasions. Dr. Linthorst stated that Mr. Cuthand has three protective factors: behavioural stability, medication adherence and program engagement. Mr. Cuthand’s risk factors include limited insight, ongoing delusions, history of substance and a five-year elopement.
Mr. Cuthand has now used passes appropriately up to and including indirectly supervised community passes.
He is treated with clozapine which is now at the upper limit of therapeutic levels. There are no plans to further increase the dosage. Mr. Cuthand is also receiving a long-acting antipsychotic injection. His delusional beliefs and unorganized thinking continue.
Next steps involve planning a transition to the FITT House, a residence on hospital grounds that is staffed 24-hours per day by one staff member for four residents. There, it is anticipated that he will progress with privileges so the Hospital can determine how he manages semi-independently in the community. A referral has been made, contingent on the findings of a psychological risk assessment submitted on November 5th, 2025. That assessment will focus on risk of elopement, future substance use and vocational options. Dr. Linthorst advised that Mr. Cuthand’s risk remains moderate to high, and this is not expected to change when he is transitioned to the FITT house. In the interim, social work is exploring what family members constitute good supports for Mr. Cuthand.
At present there is no evidence of active elopement plans. Mr. Cuthand will need to address cravings around substance use and work with staff towards gaining greater independence surrounding activities of daily living.
Mr. Findlay inquired about this patient’s five-year elopement. Dr. Linthorst responded that his predecessor, Dr. Carefoot, had reached out to CAMH and received some documentation but was unable to provide further details.
Mr. Cuthand had the opportunity to elope during this reporting period because he now exercises indirectly supervised passes to the community. Had he chosen to elope, he could have done so. There are no concerns at present in this regard.
Mr. Cuthand has expressed a wish to be transferred to Toronto. However, what, if any connection to that city still exists, remains unclear. Mr. Cuthand has discussed the high quality of Toronto’s warming and drop-in centres. He has been advised that if he wishes to request a transfer to CAMH he can do so, although it would not be supported by the hospital.
Questioned regarding his patient’s engagement with indigenous programming, Dr. Linthorst responded that indigenous services have been offered but refused. These remain accessible through the ROMHC if Mr. Cuthand changes his mind. It was noted that Mr. Cuthand had previously enjoyed indigenous cultural activities. The Doctor was asked whether with persuasion, further involvement in this would be beneficial. Dr. Linthorst responded there is evidence that cultural supports are a strong protective factor but at present Mr. Cuthand does not wish to pursue this avenue, and it is not something that he will “push”.
To date, Mr. Cuthand is doing well with significant hospital support. Absent that support, he is likely to decompensate. Asked if the hospital programming has assisted Mr. Cuthand in gaining insight, Dr. Linthorst reiterated that this patient is new to him and that he is not yet familiar with programming that Mr. Cuthand has previously been involved with.
Social work has explored Mr. Cuthand’s family connections but nothing has been solidified to date. Consideration of approved person status for his sister who resides in British Columbia has begun.
A panel member suggested that a Developmental Services Ontario (“DSO”) referral would be beneficial, given Mr. Cuthand’s intellectual level of functioning. Dr. Linthorst responded that this was an excellent idea which will be pursued.
Closing Observations
Dr. Linthorst indicated he had nothing to add.
Mr. Findlay advised that the previous five-year elopement remains of concern because when readmitted, Mr. Cuthand was ill and aggressive. Absent Hospital support, Mr. Cuthand’s risk to public safety is significant. To his credit, Mr. Cuthand has not eloped or used cannabis in the past year. Mr. Findlay concluded that it is reasonable to await a psychological report prior to transitioning Mr. Cuthand to the FITT House.
Mr. Sindle advised that the transition to the FITT House is a good step in Mr. Cuthand’s rehabilitation and to reduce his future risk.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from a criminal offence.
In determining whether Mr. Cuthand continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Cuthand continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Linthorst that Mr. Cuthand continues to pose a significant threat. The Board also relies on the Hospital Report and the evidence that Mr. Cuthand suffers from a major mental illness set out above. The Summarized Risk heading is reproduced below as it encapsulates the rationale, which after an independent analysis, the panel unanimously accepts:
Based on this assessment, the most likely scenario(s) involving the risk of violence would be Mr. Cuthand either A) Using substances such as cannabis or cocaine recreationally or to cope with stress; or B) To stop taking oral medications. Either of these would be likely to eventually result in psychotic symptoms, similar in type, to those of his index offences.
(b) Necessary and Appropriate
Flowing from the Board’s finding that Mr. Cuthand continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Cuthand’s needs pursuant to s. 672.54 of the Criminal Code.
Notwithstanding Mr. Cuthand’s indigenous heritage, no Gladue report will be ordered by this panel. This is because Mr. Cuthand currently has no interest in indigenous cultural programming. Dr Linthorst has nevertheless indicated that he will inquire periodically to determine if Mr. Cuthand has changed his mind.
The panel recognizes that despite the ongoing presence of delusional beliefs and unorganized thinking Mr. Cuthand has attained mental stability via medication compliance and engagement in therapeutic programming. Nonetheless, significant support remains essential to pre-empt another decompensation.
Despite his concerning history of elopement, which includes a previous elopement from the FITT house, a contingent referral is in place to the FITT house for the 2025/2026 reporting year. To Mr. Cuthand’s credit, that referral came about because of his appropriate use of passes, including indirectly supervised community passes absent any elopement attempts. Transition to the FITT house will assist in determining whether Mr. Cuthand can manage semi-independent community living. His level of risk is not expected to elevate when that anticipated transition occurs.
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Cuthand poses to the safety of the public while still meeting his needs, is a detention disposition with the same privileges as set out in the current December 18th, 2024, Disposition.
The panel is hopeful that Mr. Cuthand will continue his rehabilitation and community re-integration under Dr. Lindhorst’s care and reiterates that a DSO referral appears appropriate.
Conclusion
- In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Linthorst and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Cuthand’s mental condition and his reintegration into society and other needs.
DATED this 24th day of February, 2026, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
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Office of the Registrar
Ontario Review Board