Ontario Review Board
Re: Corey Michael Lowery
ORB File No. 2178
Hearing held on: Wednesday, January 14, 2026
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Sections 672.48(1) and 672.81(1) 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: Corey Michael Lowery Counsel: Mr. M. Bird
The person in charge of hospital: Representative: Dr. J. Gray
Attorney General of Ontario: Counsel: Ms. C. Breault
REASONS FOR DISPOSITION
(Dated February 25, 2026)
Introduction
Mr. Lowery was found unfit to stand trial (“unfit”) on November 27, 1995, after being charged with the Criminal Code offences of manslaughter, arson, and breach of probation.
He was found unfit at last year’s annual hearing, and is currently subject to a Disposition dated February 4, 2025, which detains him at the Secure Forensic Unit of the Brockville Mental Health Centre (“BMHC”). The Disposition provides for privileges that extend to living in the community of Eastern Ontario in 24-hour supervised accommodation approved by the person in charge.
A panel of the Ontario Review Board (“the panel”) convened this annual hearing on January 14, 2026, at BMHC to review the current Disposition pursuant to sections 672.81(1) and 672.48(1) of the Criminal Code of Canada. Mr. Lowery attended the hearing with counsel.
At the commencement of the hearing, the Hospital recommended that the current disposition continue with no changes to the existing terms and conditions. It was the Hospital’s submission that Mr. Lowery remained unfit to stand trial. Counsel for Mr. Lowery, and the Crown supported the position taken by the Hospital.
After considering the evidence, the panel accepted that Mr. Lowery remains unfit to stand trial, and that a Disposition with the same terms and conditions as last year’s Disposition was necessary and appropriate. The panel also found that Mr. Lowery remains a significant threat to the safety of the public, so a stay of proceedings is not available.
Index Offences
- The facts pertaining to the index offences are taken from last year’s Reasons for Disposition.
“On July 28, 1995, Mr. Lowery was living as a member of an associate family in a type of foster home arranged by North Frontenac Community Living. That day, soon after he went upstairs to his room, the daughter-in-law of the associate family smelled smoke. On investigation, she saw flames in his bedroom and felt extreme heat. She tried, but was unable to reach her children and called 911 for help. Neighbours and residents made their way into the building to try to rescue the children and Mr. Lowery. The fire department arrived. A young granddaughter was found unconscious in her room, treated for smoke inhalation, and admitted to an intensive care unit. Mr. Lowery was found lying unconscious in the bathroom across the hall from his bedroom. He was treated for burns and smoke inhalation. A young
grandson, unable to be rescued due to the intensity of smoke and heat, died. Police
investigation concluded that the fire had been deliberately set, that it originated in
Mr. Lowery’s room, and that his injuries were consistent with being in the room from
which the fire emanated. At the time of these index offences, Mr. Lowery was on probation after having been found guilty of 3 charges related to starting fires in 1994. The fires were to a barn, a shed, and a children’s play structure.”
Hospital Report dated December 17, 2025.
The Hospital Report dated December 17, 2025, was prepared for this hearing and contains a detailed review of Mr. Lowery’s personal and mental health history. The hearing also heard the testimony of Dr. Gray, Mr. Lowery’s treating psychiatrist.
Mr. Lowery is the youngest of 3 siblings in a very supportive family. Sadly, his father recently passed away. As a child, he was delayed in speech and language skills, required special classes, and at seven years of age was assessed at functioning at a mild developmentally delayed level.
As a teenager, he became extremely non-compliant and aggressive with his mother. As a result of this behaviour, his parents sought assistance from North Frontenac Association for Community Living workers. In August 1993, at the age of 21 or 22, Mr. Lowey assaulted his mother, forcing her to the floor, kicking her, and twisting her arm.
Following his conviction for the fire-setting charges in 1994, he was admitted to the Dual Diagnosis unit at the BMHC to assess his behaviour. He was discharged from the unit on July 5, 1995, to live with the associate family. The index offences occurred approximately 3 weeks later.
Mr. Lowery’s current diagnoses are Intellectual Disability (mild to moderate) and seizure disorder. He has no symptoms of an Axis I psychiatric disorder.
At his first hearing before the Board, he was found unfit to stand trial and that finding has continued to the present. He is very likely to be permanently unfit given his diagnosis and cognitive limitations. Mr. Lowery did quite well initially under the Board’s jurisdiction. However, in 2006 there was a significant deterioration in his mental state and behaviour, and an unsuccessful brief trial on a minimum secure unit. A gradual transition to community living began in 2011, but, ended when he proved unmanageable on a temporary leave to a group home in 2012. After his return to hospital, he displayed physical and verbal aggression and occasionally required brief periods of locked seclusion. Over the next several years Mr. Lowery would have periods of time when he did quite well, but he would also have periods of time when he displayed intrusiveness, intimidating postures, verbal aggression, a failure to follow staff directions, and minor physical aggression. Deterioration in his condition was often associated with a reduction in the level of structure, a change in behavioural supports, such as family visits, or scheduled time with his behavioural therapist.
In 2023 there was a notable positive development when Mr. Lowery started working closely with a new behavioural therapist. Since then, his behaviour has improved substantially.
The Hospital has sought a community placement for Mr. Lowery for the past few years. Unfortunately, he has been rejected by the Developmental Services of Leeds and Grenville at their specialized facility for forensic clients with dual diagnosis, TRHP home. The rationale given for rejecting Mr. Lowery’s placement at their facility was that he had remained on one of the most restrictive units of the hospital for many years without any movement to a less restrictive unit, and they need to see a demonstration that he was able to safely make the transition before accepting him into one of their forensic beds.
In April 2024, Mr. Lowery was transferred to a less secure unit where he has remained to the present time. A third application was made for the TRHP housing. This was also rejected, and the explanation given was that his supervision needs exceeded what they were able to offer for risk management, and referring, as they had in the past rejections, to his history of fire-setting despite no evidence of fire-setting for many 16 years.
The Hospital social work team has contacted several other community organizations for assistance. Mr. Lowery is now on the waiting list for several community residences for individuals with intellectual disabilities. The radius of the group homes being considered was expanded to include Belleville and Hastings County.
Mr. Lowery’s week is structured with meetings and events on a daily basis. He meets with his behavioural therapist weekly, his occupational therapist weekly, and goes into the community with the recreational therapist or the multi-skilled worker funded by the Developmental Services on Ontario Passport Program three times per week.
The TRHP housing rejected Mr. Lowery’s application for the fourth or fifth time without providing a reason. The social worker has also spoken with the Ongwananda Organization for programs and housing for intellectually disabled residents, again without success. The Hospital has also met with a worker from the Community Network for Specialized Care, as well as the Brockville District Association for Community Involvement. These contacts have not been successful, and the reasons for rejecting Mr. Lowery tends to be the index offence of arson.
Mr. Lowery’s father passed away a few days prior to this hearing. Dr. Gray advised that Mr. Lowery handled the death of his father well.
At times during this past year, Mr. Lowery exhibited defiant behaviour towards staff, and did not follow direction, such as, return to his room when he was observed to become increasingly agitated. On 3 occasions his behaviour escalated to physical aggression towards staff requiring temporary placement in locked seclusion. For example, as he was being taken to the seclusion room he shoved two nurses.
It became evident to staff after examining the pattern of his escalated behaviour that he becomes more aggressive and defiant immediately before and after overnight trips to his family’s home. In particular, following home visits on April 17-20, July 11-14, and September 19-21, he displayed defiance, verbal aggression, and following the September visit, he physically pushed several staff.
The Hospital raised these concerns with his parents, and they agreed that Mr. Lowery cannot cope with home visits overnight. His parents were also concerned with their ability to control his behaviour if he became upset. A decision was made to only permit day trips to his family home accompanied by staff.
Concerning risk to public safety, the Hospital Report indicates that Mr. Lowery lacks insight into his behavioural issues. There was also an increase in violent ideation in the first part of this past year, which has improved since September. There have been no indications of symptoms of a major mental disorder, other than the intellectual disability.
His professional services and plans in the Hospital are fairly comprehensive. The Hospital believes that Mr. Lowery’s success in a community placement would depend on the training of the staff and the level of supervision. The Hospital would only send Mr. Lowery to a group home that has the adequate levels of support to keep him occupied and address his needs to reduce the risk to public safety.
Regarding fitness, the Hospital Report states that Mr. Lowery is unable to explain with any detail his index offences in order to instruct counsel. He is unable to understand the roles of the various court officers or the court process. It further states that the mental disorder causing the unfitness will not improve with time and that he will remain unfit to stand trial.
Testimony Dr. J. Gray
Dr. Gray testified that the treatment team has monthly meetings where one of the issues discussed is obtaining a suitable residence for Mr. Lowery in the community. To date, no group home is willing to accept Mr. Lowery because of the arson.
Dr. Gray stated that Mr. Lowery enjoys a good quality of life in the Hospital. He generally has a good relationship with staff and peers and enjoys hospital living. The Hospital provides substantial structure to his day with various recreational activities and therapeutic programs.
Dr. Gray, in answer to a question from the Crown, said that he does not necessarily think that the behavioural issues that arose from overnight family visits would reoccur in a group home.
Dr. Gray confirmed to counsel for Mr. Lowery that there is no concern with medication compliance, and that Mr. Lowery’s level of functioning has plateaued.
The parties made no submissions and continued to support the Hospital’s initial recommendations.
Analysis
After considering the evidence, the panel accepts that Mr. Lowery is currently unfit to stand trial. The uncontroverted evidence is that he is unable to participate meaningfully in the trial process, including, instructing counsel, and understanding the roles of the participants and the court process. The evidence concludes that Mr. Lowery will not improve his understanding of the fitness issues and will remain permanently unfit.
The panel finds that Mr. Lowery is a significant threat to the safety of the public, and that a detention order is necessary and appropriate. A stay of proceedings is, therefore, unavailable.
Mr. Lowery has continued this past year to exhibit periodic episodes of aggression and violence. Locked seclusion has been required on a number of occasions. The Hospital has, however, seen an improvement in his behaviour since September when overnight visits to his family’s home were ended.
The Hospital has expended a tremendous amount of effort to obtain community housing for Mr. Lowery. The panel sincerely hopes that appropriate accommodation is made available for Mr. Lowery in the near future.
Mr. Lowery enjoys a good quality of life in the Hospital and is provided with needed structure to his day. In addition to the therapeutic programs, he enjoys the recreational programs which include trips into the community on a regular basis.
It is necessary for the Hospital to approve any future community housing to ensure it has the required trained staff to meet his needs and manage the risk to public safety which reinforces the need for a detention order.
A continuation of last year’s detention order with the same terms and conditions is very reasonable and appropriate.
Dated this 25^th^ day of February, 2026, at the City of Toronto, in the Toronto Region.
Mr. K. McKenna Legal Member
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Office of the Registrar Ontario Review Board