Ontario Review Board

Re: Maxwell Pate

ORB File No: 8417

Hearing held on: Wednesday, January 7, 2026

Place of Hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. S. Lessard

Dr. G. Boulais

David D’Intino

Ms. K. Brisson

Parties Appearing:

Accused: Maxwell Pate

Counsel: Ms. M. Munsterman

Person in charge of Hospital: Representatives: Dr. M. Sani

Dr. M. Strike

Attorney-General of Ontario: Counsel: Mr. J. Wright

REASONS FOR DISPOSITION

(Dated February 23, 2026)

Introduction

1. On October 31, 2023, the accused, Maxwell Pate, was found not criminally responsible on account of mental disorder on charges of assault with a weapon or imitation weapon, possession of weapon, etc./dangerous to public peace, dangerous operation of motor vehicle, and mischief, all contrary to the Criminal Code of Canada.

2. Mr. Pate is currently subject to a disposition of the Ontario Review Board dated January 16, 2025, which detains him at the Secure Forensic Unit of the hospital, with privileges up to and including to live in the community in accommodation approved by the person in charge.

3. On January 7, 2026, a panel of the Ontario Review Board (“ORB”) convened a hearing at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to review Mr. Pate’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Pate attended his hearing and was represented by his counsel, Ms. Marni Munsterman. Mr. Pate’s mother, sister and his Lebreton Transitional Residence Worker also attended the hearing.

4. A hospital report dated December 15, 2025, was entered as Exhibit No. 1 for the hearing.

5. The issues to be determined by the Board are whether Mr. Pate continues to represent a significant threat to the safety of the public and, if so, to determine the necessary and appropriate disposition.

6. At the outset, the parties were canvassed as to their preliminary without prejudice positions for the hearing. The hospital recommends the maintenance of the detention order with community living in approved accommodation, in addition to changes to several conditions of the disposition primarily to add international travel with an approved person, to enable Mr. Pate to consume alcohol with the prior approval of the hospital to a maximum of one beer twice per month, to remove the prohibition on attending the parliament buildings and the non-contact provision with Justin Trudeau, and lastly, to remove the prohibition on attendance to the Montfort Hospital and the non-contact provision with the victim of the index offence, Dr. Martin Campbell. Counsel for the Attorney General, Mr. Wright, expected to be largely in agreement with the hospital recommendation, while Ms. Munsterman, on behalf of Mr. Pate, indicated that her client would be supportive of the hospital recommendation.

7. For the reasons set out below, the Board finds that Mr. Pate continues to pose a significant threat to the safety of the public and that the maintenance of the detention order, with the addition of international travel, the removal of the prohibition on alcohol to be replaced with permission to consume alcohol with the prior approval of the hospital up to one beer twice per month, the removal of the non-attendance provision for the parliament and non-contact with Justin Trudeau, and the removal of the prohibition against attending at the Montfort Hospital is the necessary and appropriate disposition, with a continuation of the no-contact provision with respect to the victim of the index, Dr. Martin Campbell.

Index Offences

8. The details of the index offences are set out in last year’s Reasons for Disposition as follows:

“On April 28, 2022 Mr. Pate attended the Montfort Hospital to see his psychiatrist, Dr. Campbell. Dr. Campbell had asked security guards (three) to be present due to Mr. Pate’s tendency to become violent. One of the guards noticed that Mr. Pate seemed to be concealing something in his right hand, and Mr. Pate was told that he could not leave without seeing the psychiatrist. Mr. Pate responded by stating “Good luck trying to take me. I promise you it’s not gonna end well.” He then ran toward the elevator while the guards followed. Mr. Pate then opened a folding hunting knife that was about six inches long, and he pointed it at the security guards. He was able to go on the elevator and fled the area while the hospital went into lockdown and police were called.

On August 03, 2022, Mr. Pate was observed operating his vehicle in the wrong direction on O’Connor Street, driving past an officer from the Ottawa Police Service (OPS) who performed a U-turn and attempted to conduct a traffic stop. The officer observed Mr. Pate speed up and turn into the gates of Parliament Hill. The gates opened, but the vehicle was prevented from proceeding forward by the metal pillars designed to prevent vehicles from passing.”

Background History

9. Mr. Pate’s personal, legal and psychiatric history is set out in detail in the hospital report. Briefly summarized, Mr. Pate is 32 years of age and was born in Peterborough, Ontario, where he grew up with his mother, his two sisters and his stepfather. He was the second of three children. He described some family dysfunction during his childhood, mostly due to his parents’ drug issues. He reported having experienced psychological abuse and physical abuse.

10. Mr. Pate graduated from high school and played football competitively. He started working on a farm when he was young and worked at Farm Boy prior to experiencing his first psychotic episode. More recently, he was working in construction for a few months leading up to the initial index offence.

Criminal History

11. Mr. Pate’s CPIC does not indicate a previous criminal history.

Psychiatric History

12. A review of Mr. Pate’s psychiatric history showed that he was previously diagnosed with schizoaffective disorder and that he had psychotic symptoms since the age of seventeen.

13. Mr. Pate reported that he had never been hospitalized before the age of 25, and that he never attempted suicide. He reported having been hospitalized at the Montfort hospital on two occasions, each lasting a couple of weeks, when he was 25 and 27 years of age. He was exhibiting paranoid and delusional behaviour. He was treated by Dr. Campbell and was placed on a Community Treatment Order (“CTO”). His CTO conditions included the requirement to remain compliant with his oral antipsychotic medication, but he stopped taking it at some point due to feeling more lethargic and struggling to wake up in the morning.

14. In May of 2020, Mr. Pate was brought to hospital on a Mental Health Act Form 2 at the request of his mother and sister. It was reported that he was noncompliant with medication.

15. Mr. Pate was admitted to the Montfort Hospital from March 30 to April 9, 2022. He had been brought to hospital by police on a Form 2 completed by his sister, after he had recently run away from her house and had been living in his vehicle. During the admission, Mr. Pate refused to re-start long-acting injectable antipsychotic medication.

16. Mr. Pate’s current diagnosis is Schizophrenia.

Evidence at the Hearing

17. The hospital’s evidence was presented through its report dated December 15, 2025, and through the oral testimony of Dr. M. Sani (PGY-6 Resident under the supervision of Dr. M. Strike).

18. Dr. Sani confirmed that Mr. Pate has continued to reside at the Lebreton Transitional Residence over the course of the past year. He had no hospital admissions, no involvement with police and no known breaches of his disposition or any other illegal behaviour during the last year. Mr. Pate’s mental condition has been stable and there have been no mood and/or manic episodes.

19. Mr. Pate has remained adherent to his medication over the course of the past year. He takes medication independently and is currently on a regimen of Clozapine. His serum levels have remained at a therapeutic level for some time.

20. With respect to substance use, Mr. Pate has abstained from the use of all substances but has indicated his wish to be able to moderately consume beer from time to time, specifically when enjoying a golf game with friends or other such types of social events. Mr. Pate’s urine drug screens have remained negative for substances in the past year.

21. Mr. Pate has been described as having good engagement at the Lebreton Transitional Residence and at the hospital. As a result of that consistent positive engagement, he was deemed to no longer require case management which was terminated in the spring of 2025. He has demonstrated good engagement in prosocial activities including recreational activities such as attending at the gym, while forging some new friendships through these activities.

22. Mr. Pate continues to enjoy the support of his family and has been approved to spend time at his sister Katie’s residence for many weekends and holidays throughout the year with no reported incidents. He reportedly enjoys assisting the family with various chores, yard work and also caring for his young nephew. Mr. Pate has also travelled independently to Peterborough to visit with his mother and younger sister and travelled on the bus by himself with no incidents.

23. With respect to driving a motor vehicle, Mr. Pate was permitted by the hospital to start driving in the fall of 2025 and while he does not have a vehicle of his own, he has been able to borrow his sister’s vehicle on a number of occasions and there have been no reported concerns about his driving.

24. Mr. Pate was accepted into the Forensic Supportive Housing Program (FSHP) in the fall of 2025 and is in the process of searching for an affordable approved apartment.

25. Mr. Pate would like to be able to seek employment. He originally stated that he was hoping to work full-time in construction but with the encouragement of his treatment team deferred his search for employment until he has settled into his new accommodation. He has also expressed that he may be seeking part-time employment in the hospitality industry rather than working full-time in construction, and this upon the advice of the members of his treatment team.

26. There have been no reports that Mr. Pate has made any attempts to contact any of the victims of the index offences or to attend Parliament Hill or the Montfort Hospital.

27. Dr. Sani stated that though the hospital believes that a detention order continues to be required, particularly during this transitional period to independent living, they are seeking the removal of certain conditions in order to reflect a least restrictive disposition possible, given Mr. Pate’s successful year under the Board. These changes are also intended to facilitate better integration in the community.

28. In response to questions posed to him by counsel for the Attorney General, Mr. Wright, Dr. Sani responded as follows:

a. Mr. Pate has made the request to be able to engage in social drinking from time to time but denies that he has any cravings to consume alcohol. The hospital believes that with monitoring under a continued detention order, providing Mr. Pate with the ability to consume alcohol responsibly would not increase the risk to the safety of the public, particularly as alcohol was not an issue at the time of the index offences. The hospital believes that this can be done safely with continued monitoring by the treatment team and the FHSP program.

b. With respect to the victim of the index offence, Dr. Campbell, he was not consulted in any way as to how he feels about the recommendation to remove the no-contact provision.

c. Dr. Sani confirmed that Mr. Pate’s intention to pursue employment in the hospitality industry is seen as positive as this may lead to employment being less of a stressor for him. He was encouraged by his treatment team to do it.

d. Mr. Pate participated in the Bakeology Program which he completed and has also helped to train other patients in that same program, all of which is good for his C.V. and his eventual search for employment in the restaurant industry.

e. Mr. Pate participates in prosocial activities such as recreational activities and visits with family. He has returned to an active lifestyle, having been quite involved in sports prior to the commission of the index offences and the onset of his illness. He has connected with friends in this milieu, and this is very good for his reintegration.

f. Mr. Pate demonstrates significant improvement with respect to internal motivation, and he is also externally motivated by his wish to avoid returning to the hospital and experiencing a further loss of privileges and freedom.

g. Mr. Pate’s family members are involved in his life and in his circle of care. They maintain good rapports with the treatment team such that Dr. Sani would expect them to inform the hospital if they noted any issues, as they have done in the past.

h. There is no evidence that Mr. Pate has attempted to make contact with the victims of the index offences nor is there any evidence that he continues to have residual delusions regarding these individuals.

i. Dr. Sani confirmed that there have been historical occasions where it is not clear whether Mr. Pate is fully disclosing symptoms but that there has been no evidence of that more recently.

j. With respect to international travel, the hospital believes that this should continue to be with an approved person, but that Mr. Pate has demonstrated an ability to take responsibility for this by ensuring that he has sufficient medication when he travels. The hospital has no current concerns regarding his ability to travel but needs to ensure that the compliance that he has demonstrated so far carries over to his more independent living and travel.

29. In response to questions posed to him by members of the hearing panel, Dr. Sani responded as follows:

a. The removal of the total prohibition on alcohol has been approached from a harm reduction perspective. It is acknowledged that working in restaurants, as is Mr. Pate’s plan, could increase his exposure to alcohol and late nights, but the treatment team will monitor this closely over the course of the next year.

b. With respect to the index offences and the former Prime Minister, Justin Trudeau, Dr. Sani does not believe that Mr. Pate’s delusional beliefs were specifically tied to that individual but rather that it was in the context of his protest regarding the need for better access to mental health care and better protection for his sister. The delusions were not hostile towards Mr. Trudeau himself.

c. With respect to the index offences and the victim, Dr. Campbell, Dr. Sani confirmed that security officers noticed that Mr. Pate was carrying something in his jacket which ended up being a knife, however Mr. Pate did not actually have contact with Dr. Campbell on that day.

d. At the time of the index offences, Mr. Pate was on a long-acting injectable which was not working well for him, and he was distressed that his medical treatment was not effective.

e. With respect to somatic delusions, Dr. Sani acknowledged that the treatment team was attempting to tease out whether Mr. Pate’s complaints regarding pain were part of these delusions. The issue with his septum was real and has been addressed by surgery. There are currently no concerns regarding any ongoing somatic delusions.

f. With respect to the issue of alcohol, the hospital is not maintaining the need for full sobriety given that Mr. Pate has abstained completely for two years despite the fact that alcohol was not involved in the index offences. The hospital is recommending a very conservative approach to introduction of alcohol.

g. With respect to the gaps in insight, Dr. Sani reiterated that these are only historical in nature and that at this time Mr. Pate has insight into the need for medication as well as insight into the need to abstain from drugs. His gaps relate more to his interpretation of historical events.

h. Dr. Sani acknowledged that Clozapine has been the “game changer” and that this has successfully addressed some of the residual symptoms while not producing any concerning side effects.

i. Mr. Pate’s major risk factors would be the non-adherence to medication though this is currently protected by the insight that he has developed into the need for medication. The other risk factor would be his relapse into hard substances for which he has demonstrated no interest since the index offences.

j. In order to progress to a conditional discharge, Dr. Sani stated that the hospital would want him to see him secure independent living, progress with respect to his reintegration into society such as securing employment and being able to continue to abstain from hard substances and potentially integrate moderate use of alcohol in his life.

k. Mr. Pate’s mother and sister are currently approved persons for travel purposes.

30. Mr. Pate addressed the hearing panel and stated that he feels that he is diligently following the rules and plans on continuing to do that. His feet are on solid ground, and he is prepared to take the steps needed to continue to progress in his rehabilitation.

31. Mr. Pate was asked about his ability to control his alcohol intake, and he believes that he can enjoy that responsibly given how stable he feels at this time.

32. Mr. Pate acknowledged that he was unwell at the time of the index offences. With respect to his period of unwellness, he believes that he was on the smaller end of the delusional spectrum.

33. Regarding his search for employment, Mr. Pate confirmed that he filled in an application for the FSHP housing subsidy but that his Salus worker is presently away. He expects that accommodation options might come up for him in March or April of this year and understands that this is the process.

34. No other evidence was presented.

Submissions of the Parties

35. As stated at the outset, the parties essentially submitted a joint submission to the Board although there were some discussions regarding the changes to conditions sought by the hospital. Ultimately it was agreed that a detention order with permission to reside in the community in approved accommodation remains necessary and appropriate with the following changes:

• Removal of the prohibition on alcohol and, as requested by the hospital, that Mr. Pate be allowed to consume one beer up to twice per month with the prior approval of the hospital
• Removal of the prohibition not to attend Parliament Hill and not to communicate with Justin Trudeau
• Removal of the prohibition not to attend the Montfort Hospital; however, it was agreed that it would be appropriate to maintain the non-contact provision with Dr. Martin Campbell.
• Change to travel passes to include international travel for up to 14 days, with an approved person and with the prior approval of the person in charge.

36. The parties all agreed that these changes were in keeping with the need to ensure that the disposition remains least onerous and least restrictive.

Analysis and Conclusion

37. Having considered all of the evidence tendered at the hearing, and the submissions of the parties, the Board does find that Mr. Pate continues to pose a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada and as further defined in the Supreme Court of Canada decision Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

38. According to R. v. Winko, a significant threat to the safety of the public means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature.

39. Our finding that Mr. Pate continues to meet the threshold for significant threat to the safety of the public is based on his history of serious mental illness and diagnosis of schizophrenia. Mr. Pate has had a history of not adhering to treatment, leading to the decompensation of his illness and the emergence of psychotic symptoms which prompted him to threaten several people with a knife and to operate a vehicle in a dangerous manner. Mr. Pate continues to present with several ongoing risk factors as described in the hospital report.

40. Mr. Pate had a very good year during which he has made excellent progress in his rehabilitation and for this we commend him. The joint submission presented to us seeks to recognize this progress by removing some of the conditions and restrictions that are no longer required to manage the risk to public safety.

41. A detention order continues to be necessary and appropriate because Mr. Pate will likely be moving to independent living over the course of the next year, and the hospital needs to retain the authority to approve accommodation for this purpose. Should Mr. Pate have another good year and successfully transition to independent living, a less restrictive disposition may very well be considered at his next hearing. We wish Mr. Pate continued progress and success over the next year.

42. We have taken into consideration the factors at s. 672.54 of the Criminal Code of Canada, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs in coming to the unanimous finding that a detention order, with the changes as recommended, is the necessary and appropriate and least onerous and least restrictive disposition in all of the circumstances.

DATED this 23rd day of February 2026, at the City of Toronto, in the Toronto Region.

Ms. M. Labrosse Alternate Chairperson

Office of the Registrar

Ontario Review Board