Re: Chantal E. Trudel, 2026 CanLII 15147

Ontario Review Board

Re: Chantal E. Trudel

ORB File No: 5234

Hearing held on: Tuesday, January 13, 2026

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. Y. Alatishe Dr. P. Wright Mr. K. McKenna Ms. R. MacIntyre

Parties Appearing: Accused: Chantal E. Trudel Counsel: Mr. A. Sheivari The person in charge of hospital: Representative: Dr. J. Gray Attorney General of Ontario: Counsel: Mr. K. Schultz

REASONS FOR DISPOSITION

(Dated February 25, 2026)

Introduction

1On December 10, 2008, Chantal Trudel, was found not criminally responsible on account of mental disorder on a charge of aggravated assault contrary to the Criminal Code (“the Criminal Code”).

2Ms. Trudel is currently subject to a Disposition of the Ontario Review Board dated February 6th, 2025, detaining her within the Forensic Program of the Brockville Mental Health Centre (“BMHC”) with privileges up to and including to live in the community, including Ottawa, in accommodation approved by the person in charge of the hospital.

3On January 13, 2026, the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the BMHC pursuant to s. 672.81(1) of the Criminal Code. The annual review for Ms. Trudel was held in person. The hospital was represented by Dr. J. Gray, the Attorney General by Mr. Schultz and Ms. Trudel by Mr. Sheivari.

Without Prejudice Position of the Parties

4At the outset of the hearing, Dr. Gray advised that he was recommending a conditional discharge for Ms. Trudel with no residential address specification. Mr. Schultz advised that he agreed with the hospital recommendation, adding that a residence specification be made to either the Pixie House apartments or to the FITT House.

5Mr. Sheivari, on behalf of Ms. Trudel, agreed with the hospital recommendation and the proposed change put forward by Mr. Schultz. The hearing therefore proceeded by way of a joint position.

Index Offences

6The circumstances of the index offence are taken from last year’s Board’s Reasons as follows:

“On October 25, 2008, Ms. Trudel agreed to have sex with the victim of the index offence for $60.00. He paid her $20.00 and said he would pay the balance later. At 11:30 pm, Ms. Trudel and the victim were lying nude on a Futon when she pulled out a knife and stabbed him in the chest. He suffered two chest wounds. Ms. Trudel then dressed and fled. She was later arrested and charged with the index offence.”

Current Diagnoses

• Schizoaffective disorder, Bipolar type,
• Attention-deficit/hyperactivity disorder, combined presentation,
• Antisocial personality disorder.

Evidence at the Hearing

7The Board admitted into evidence the Hospital Report dated December 31st, 2025, as Exhibit No. 1. That document provides a great deal of information concerning Ms. Trudel’s personal history, mental health history as well as her course in hospital and in the community both prior to and subsequent to the index offences. As the Hospital Report was made an Exhibit, it’s unnecessary to reproduce the information contained therein in these Reasons.

8In addition to the documentary evidence the Board heard from Dr. Jonathan Gray. Dr. Gray advised that he was assigned Ms. Trudel’s care some three weeks prior to this hearing because Dr. Gulati, her previous treating psychiatrist, has left the hospital.

9Since October 2024, Ms. Trudel has been living in an outpatient setting (the FITT House) which has gone very well. Staff advise that Ms. Trudel’s presentation is better than any previous time under the ORB. Ms. Trudel is likely to transition to the Pixie Residence apartments which is supportive but not supervised accommodation. The plan is for her to relocate there in the next two months, although a contract has not yet been signed. This placement is meant to allow her to find a permanent supportive community placement. The permitted duration of stay at the Pixie Residence is three years.

10It was noted that Ms. Trudel has not used substances since October of 2023. Ms. Trudel had a recent six-week work placement that was successful, and she is currently looking for another one.

11Ms. Trudel long-time friend, Peter Smith, who is said to have made sexual overtures to her in September of 2025, has resumed telephone contact, although she has not seen him.

12Asked how quickly a decompensation may occur, Dr. Gray responded that Ms. Trudel is likely to become frustrated, use substances during a pass and then elope. If she were medication non-compliant and using recreational substances, she could decompensate within a day. As a result, the Mental Health Act is suitable because of the speed of decompensation identified above. Further, her risk of decompensation has lessened from previous years.

13For the 2026-27 reporting year, Dr. Gray would want to see some improvement in Ms. Trudel’s personal hygiene and the cleanliness of her room/apartment. If she is unable to find employment, then other vocational opportunities should be pursued. It is hoped that she will continue to develop a relationship with her aunt and not use substances.

14In responding to questions from Mr. Sheivari, Dr. Gray confirmed that at the FITT House Ms. Trudel is able to obtain groceries independently and cook for herself. She therefore has the independent living skills to transition to the Pixie apartments.

15It was noted that Ms. Trudel’s medication regime is quite complex and a panel member inquired what ongoing supports may be available to her in this regard. Dr. Gray responded that at the FITT House she currently obtains her medication from the desk. If transitioned to the Pixie Residence, Leeds & Grenville Addictions and Mental Health Services will attend at that residence up to twice per day to dispense medication.

16Asked what typically drove Ms. Trudel’s previous elopement behaviour, Dr. Gray responded that in 2023 it was the influence of a co-resident who was often a negative influence on co-patients. Dr. Gray added that this degree of impulsivity has not been seen in Ms. Trudel since that time.

Closing Observations

17Dr. Gray submitted that a conditional discharge with the specification of the FITT House or Pixie apartments was necessary and appropriate.

18Mr. Schultz submitted that it has been a positive year for Ms. Trudel. However, significant threat is still made out by her prior criminal record, prior substance use and history of elopements. The hospital sees the Mental Health Act as sufficient to return Ms. Trudel because her decompensation would be rapid and because of the expectation of close supervision at Pixie House. Mr. Schultz further indicated that he supports the inclusion of a consent to treatment provision.

19Mr. Sheivari submitted that his client agreed that the two residences could be designated within a conditional discharge. Further, he agreed that a conditional discharge is both necessary and appropriate and added that Ms. Trudel consents to the inclusion of a consent to treatment provision.

Analysis and Decision

(a) Significant Threat

20Ongoing 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 conduct that is both serious and criminal in nature.

21In determining whether Ms. Trudel continues to represent a significant threat to the safety of the public the Board 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 Ms. Trudel continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the position of the parties and accepted the uncontroverted evidence of Dr. Gray that Ms. Trudel continues to pose a significant threat. The Board also relies on the Hospital Report and the risk considerations outlined therein which speak to:

• the intermittent presence of paranoia, voices, and somatic beliefs;
• a history of substance abuse;
• a history of elopements;
• a criminal record preceding the index offence.

22The Board therefore accepts that given her longstanding diagnosis and absent an ORB Disposition, Ms. Trudel is likely to again fall away from treatment with prescribed medications which would lead to decompensation, the use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that without an ORB Disposition; it is likely that Ms. Trudel will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

(b) Disposition

23Flowing from the Board’s finding that Ms. Trudel 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 Ms. Trudel’s needs pursuant to s. 672.54 of the Criminal Code.

24The necessary and appropriate disposition for Ms. Trudel provides her as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.

25In considering Ms. Trudel’s needs, the Board recognizes the importance of a s. 672.55 treatment clause as she progresses from a detention disposition to a conditional discharge disposition. This constitutes an essential safeguard at this juncture given the requisite timing of her medication intake which can be facilitated by twice daily visits from her local addictions and mental health services agency whenever she transitions to the Pixie Residence. Importantly, Ms. Trudel is able to provide a valid consent as she is treatment capable.

26Sustained treatment over many years has lowered Ms. Trudel’s risk of decompensation. Nevertheless, given how quickly she is said to decompensate (within a day), the provisions of the Mental Health Act can be enacted to return her to hospital as required.

Conclusion

27Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Ms. Trudel poses to the safety of the public while still meeting her needs, is a Conditional Discharge.

28In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Gray 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, Ms. Trudel’s mental condition, her reintegration into society and other needs.