Re: Isaac D. Bedolfe
ORB File No: 8382 Hearing held on: Wednesday, January 28, 2026 Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus 100 West 5th Street, Hamilton, Ontario
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. S. Clapp Members: Dr. H. Bloom Dr. A. Kerry Hon. A. Sosna Mr. A. Mete
Parties Appearing: Accused: Isaac D. Bedolfe Counsel: Mr. L. Dimitry
The person in charge of hospital: Counsel: Mr. S. O’Brien Attorney General of Ontario: Counsel: Mr. I. Shaikh
REASONS FOR DISPOSITION
(Dated March 3, 2026)
Introduction:
[1]. On September 1, 2023, Isaac Bedolfe was found unfit to stand trial on a charge of aggravated assault, contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated February 3, 2025, whereby he is detained at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHCH” or the “hospital”) with privileges up to and including entering the community of Hamilton accompanied by staff or an approved person. Mr. Bedolfe is also required to abstain from substance use and refrain from having weapons in his possession.
[2]. On January 28, 2026, a panel of the Board convened at SJHCH to review Mr. Bedolfe’s fitness to stand trial and his Disposition pursuant to sections 672.48(1) and 672.81(1) of the Criminal Code.
[3]. At the outset of the hearing, Mr. Dimitry stated that Mr. Bedolfe declined to attend the hearing (as he has done most years) because he does not believe that there are any charges against him, therefore there is no need for him to have a lawyer or attend a hearing. Mr. Dimitry added that he has no instructions. Neither Mr. O’Brien nor Mr. Shaikh objected to the panel making an Order excusing Mr. Bedolfe from the hearing pursuant to section 672.5(10)(a) of the Criminal Code. The panel did have some concern that Mr. Bedolfe was not attending his ORB hearings, and suggested that further efforts be made to encourage Mr. Bedolfe to attend his hearing as it may assist him in understanding his legal situation.
[4]. The Hospital Report dated January 5, 2026, was marked as Exhibit 1. In addition to the documentary evidence, Mr. Bedolfe’s attending psychiatrist, Dr. Wesley Sutton, gave evidence.
[5]. The issues to be determined at the hearing were whether Mr. Bedolfe continues to be unfit to stand trial in accordance with section 2 of the Criminal Code, and if so, what is the necessary and appropriate Disposition taking into account the factors set out in section 672.54 of the Criminal Code.
[6]. The documentation indicated that a prima facie hearing was held on April 30, 2025.
Position of the Parties:
[7]. At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Mr. O’Brien took the position that Mr. Bedolfe remains unfit to stand trial, and that a continuation of the existing Detention Order with three additional terms which allow for community living was the necessary and appropriate Disposition.
[8]. Mr. Shaikh supported the position of the hospital on behalf of the Attorney General. Mr. Dimitry did not have instructions. All parties maintained their positions during final submissions.
Findings:
[9]. For the reasons that follow, the panel found that Mr. Bedolfe remains unfit to stand trial and that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the existing Detention Order with additional terms which allow for community living.
Alleged Index Offence:
[10]. The circumstances of the alleged index offence were set out at pages 2-3 of the Hospital Report and can be summarized as follows. On March 16, 2023, Mr. Bedolfe got into a verbal argument with another resident (the victim) at his housing. When the victim began to walk away and avoid further conflict, Mr. Bedolfe pushed him. The victim fell to the ground and hit a wall in the process. The victim sustained several injuries including a broken finger, a broken wrist, and a broken hip (which required a hip replacement).
Background:
[11]. Mr. Bedolfe’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Bedolfe is a 46-year-old single man who was raised in a cult in India and Texas. The cult encouraged promiscuity as a way to express one’s faith, and physical and sexual abuse of children has been documented resulting in trauma for many prior members. When Mr. Bedolfe was 14 years old, he was expelled from the cult for having a sexual relationship with the cult leader’s 13-year-old daughter, and he and his mother moved to Hamilton.
[12]. Mr. Bedolfe had been home schooled and struggled once he attended high school in Hamilton. He left school in grade 11. He was assaultive towards his mother and the Children’s Aid Society became involved. Mr. Bedolfe was made a Crown ward when he was 15 or 16 years old. Mr. Bedolfe has four siblings whom he does not have any contact with.
[13]. Between 2005 and 2020, Mr. Bedolfe was either in the hospital, living in lodging homes or shelters, or on the street. He had limited employment and was supported by the Ontario Disability Support Program.
[14]. The Hospital Report stated that Mr. Bedolfe has a history of using cannabis, alcohol, LSD, ecstasy and cocaine.
Criminal History:
[15]. Mr. Bedolfe’s criminal record was set out at pages 5-6 of the Hospital Report, and spans from 1994 to 2018. He has convictions for a variety of offences including assaults, harassment, forcible entry, indecent acts, and breaches of court orders.
[16]. Mr. Bedolfe is a registered sex offender with the Hamilton Police Services as a result of his convictions for indecent acts which involved children.
Psychiatric History:
[17]. The Hospital Report outlined Mr. Bedolfe’s psychiatric history in detail and will only be summarized here. Mr. Bedolfe had several lengthy hospital admissions beginning at age 18 pursuant to the Mental Health Act due to acute psychosis. He demonstrated a pattern of improvement with treatment in hospital, and nonadherence with medication after discharge which led to mental deterioration and readmission to hospital. Mr. Bedolfe’s mother was his substitute decision-maker (“SDM”) for a period of time, but Mr. Bedolfe’s delusions led to a breakdown in that relationship and the Public Guardian and Trustee (“PGT”) became Mr. Bedolfe’s SDM. Mr. Bedolfe also had the support of an assertive community treatment team (“ACTT”) commencing in 2003.
[18]. Mr. Bedolfe was under the authority of the Board after being found unfit to stand trial in 2005 on prior charges. He was found fit in 2006, but was detained at Oak Ridge (now the Waypoint Centre for Mental Health Care) involuntarily until 2011. When his level of risk decreased, he was transferred to SJHCH and remained there as an involuntary patient until 2014.
[19]. Mr. Bedolfe then lived in several lodging homes in Hamilton and was subject to a Community Treatment Order (“CTO”) and followed by an ACTT. Mr. Bedolfe was often difficult to manage at the lodging homes, and he attended emergency departments frequently. His symptoms when he was unwell included active psychosis, agitation, religious delusions, and inappropriate sexual behaviours.
[20]. Mr. Bedolfe was consistently found incapable of consenting to treatment and managing his finances, and it was noted that the symptoms of his mental illness never completely resolved.
[21]. Mr. Bedolfe was started on Clozapine in 2023, but symptoms of active psychosis have remained. During his time under the jurisdiction of the Board, Mr. Bedolfe has consistently expressed that all of his charges have been dealt with because various Supreme Courts have dismissed them. He does not believe there is any reason for him to speak to a lawyer.
[22]. The Hospital Report stated that Mr. Bedolfe’s diagnosis is Schizoaffective Disorder, Bipolar Type. He remains incapable of consenting to treatment and managing his finances, and the PGT is his SDM in both domains.
Evidence at the Hearing:
[23]. The Hospital Report stated that Mr. Bedolfe continued to experience active psychotic symptoms over the course of the reporting year. It was noted that there can be rapid changes in his presentation due to his hallucinations and/or sensitivity to misinterpretation of other’s intentions. Mr. Bedolfe can become reactive, loud, and verbally aggressive when responding to perceptual disturbances, and this makes staff and co-patients feel threatened. Mr. Bedolfe’s thought content is bizarre and non-sensical and his thought process fluctuates. He is consistently tangential in his thinking with racing thoughts and bizarre grandiose delusions involving supernatural powers or religious content. Mr. Bedolfe is described as having no insight into his symptoms, actions, or illness.
[24]. Numerous notable incidents were listed in the Hospital Report, and they frequently involved irritability and agitation, verbal altercations, and inappropriate sexual behaviours. There was one incident in July 2025 involving physical aggression toward a co-patient that required seclusion.
[25]. The Hospital Report stated that there had been some modest improvement to Mr. Bedolfe’s mental status over time. With medication adjustments, structured behavioural and hygiene care plans, as well as consistent attention to his needs, Mr. Bedolfe’s aggression and reactiveness has improved, and his hygiene was noted to have improved significantly (but he still requires staff support and prompting to complete his activities of daily living). Mr. Bedolfe’s mental status stabilized to the point where he demonstrated an ability to appropriately use indirectly supervised hospital and grounds passes over several months.
[26]. All urine drug screens were negative over the reporting year. Mr. Bedolfe has no contact with his family.
[27]. The Psychological Risk Assessment contained in the Hospital Report concluded that Mr. Bedolfe’s risk of acting out aggressively was in the low to low-moderate range with the current supports in place, but this risk would escalate quickly to high in the absence of supports. This Assessment also stated that Mr. Bedolfe denied having charges before the court, and concluded that his ability to meaningfully communicate with counsel and meaningfully follow the court proceedings remained significantly impaired (at page 42).
[28]. The Hospital Report stated the following about Mr. Bedolfe’s fitness to stand trial in the Clinical Risk Summary (at page 43):
“Mr. Bedolfe remains unfit to stand trial. He has consistently demonstrated a lack of appreciation and understanding of his legal situation and the rationale for his ongoing hospitalization. His residual disorganization, combined with deeply entrenched delusional ideations, would prevent him from meaningfully participating in his legal defense. Furthermore, based on recent conversations it is unclear as to whether Mr. Bedolfe understands basic concepts of the legal system, or potential consequences of various outcomes. Given the intractable, treatment-refractory nature of Mr. Bedolfe’s illness, it is likely that he will be permanently unfit to stand trial.”
[29]. The Clinical Risk Summary stated the following about the issue of significant threat (at page 43):
“The clinical team is unanimously of the opinion that Mr. Bedolfe continues to represent a significant threat to the safety of the public. His clinical course over many years has unfortunately been punctuated by numerous psychotic relapses triggered by medication non-compliance and substance abuse, most of which have required lengthy admissions to achieve stabilization. Even with the involvement of an ACTT team, Mr. Bedolfe’s mental status deteriorated in the community, culminating in the index offence in March of 2023, which involved considerable physical violence. Since admission to hospital shortly after the index offence, Mr. Bedolfe’s emotional volatility and behavioural dysregulation have attenuated somewhat with medication, however he continues to suffer under the burden of perceptual disturbance, and his thoughts and behavior remain markedly disorganized. Even with the intensive structure and support offered by the inpatient environment, Mr. Bedolfe has at times become quite dysregulated and agitated under the duress of his ongoing psychotic symptoms, which often results in him misattributing comments and actions of others as malevolent. What is more, Mr. Bedolfe’s insight into his illness, risk, and need for treatment is very limited. In the absence of the intensive structure and support offered by the forensic system, Mr. Bedolfe would almost certainly stop his prescribed antipsychotic, mood-stabilizing treatment, which would lead to a rapid deterioration in his mental state, with increased emotional and behavioural dysregulation, greatly increasing the risk of violence towards others.”
[30]. The Hospital Report stated that given the modest improvements made this year, the treatment team was hopeful that Mr. Bedolfe will be able to attend community outings supervised by professional staff, and be placed on waiting lists for suitable housing that has intensive 24/7 supports in the coming year.
[31]. Dr. Sutton testified that he had been Mr. Bedolfe’s attending psychiatrist since 2023. He stated that there had not been much change in Mr. Bedolfe’s clinical status, despite a trial of Amisulpride. Further, Mr. Bedolfe was now overly sedated, so efforts were being made to optimize the Clozapine.
[32]. Dr. Sutton testified that Mr. Bedolfe’s fitness to stand trial had not changed either. He explained that the primary factor preventing fitness was the degree of Mr. Bedolfe’s disorganization. Dr. Sutton stated that it is very difficult to have basic day to day conversations with Mr. Bedolfe, and he cannot tolerate any discussion of his legal situation. Dr. Sutton reiterated that Mr. Bedolfe does not believe that he has any legal charges and is genuinely confused as to why he is in the hospital. Dr. Sutton testified that while Mr. Bedolfe may understand the legal process on a very basic level, he does not understand information about building a defence, does not understand any consequences, and is not able to communicate effectively with counsel.
[33]. Dr. Sutton reiterated his opinion that if Mr. Bedolfe were granted an Absolute Discharge he would stop his medications in a day or two and he would decompensate quickly and act out violently. Mr. Bedolfe has no insight into his mental illness or the need for medication, and the nurses currently watch him take liquid Clozapine daily.
[34]. Dr. Sutton testified that the next steps for Mr. Bedolfe are to use accompanied community passes more regularly and progress from there (he is not ready for indirectly supervised passes into the community now). Mr. Bedolfe will require 24/7 supervised housing and waiting lists are very long. The treatment team would like to add community living to Mr. Bedolfe’s Disposition so that he can be placed on housing waiting lists. Dr. Sutton could not say whether having community living in his Disposition would be a motivating factor for Mr. Bedolfe because he seems to be comfortable in the hospital.
[35]. Dr. Sutton stated his opinion that Mr. Bedolfe is permanently unfit. He explained that Mr. Bedolfe has been unwell for decades, has had multiple relapses, and the “disease has taken its toll.”
[36]. In response to a question from the panel about the diagnoses of Other Substance Use Disorder and Unspecified Personality Disorder that used to be listed in the Hospital Report, Dr. Sutton responded that Mr. Bedolfe has not used substances for many years (he acknowledged that the diagnosis could be listed as in sustained remission), and he attributed all of Mr. Bedolfe’s difficulties to symptoms of Schizoaffective Disorder, Bipolar Type, therefore he would not meet criteria for a personality disorder.
[37]. Dr. Sutton also testified that Mr. Bedolfe enjoyed a sensory room that Mohawk College used to have, so the treatment team are trying to find something similar for him.
Analysis and Conclusions:
[38]. Based on the Hospital Report and the evidence of Dr. Sutton, the panel found that Mr. Bedolfe remains unfit to stand trial when considering section 2 of the Criminal Code and the relevant case law. It was clear from the evidence that Mr. Bedolfe’s mental state precludes him from having basic conversations, let alone discussions about his legal situation. His severe thought disorganization, and belief that he does not have any charges, prohibit him from being able understand information about his legal situation and contemplate any potential consequences. The panel concluded that Mr. Bedolfe does not have a reality based understanding of his legal situation, and would be unable to meaningfully communicate with counsel or participate in legal proceedings. The panel also noted Dr. Sutton’s opinion that Mr. Bedolfe is permanently unfit.
[39]. The panel had no difficulty finding that Mr. Bedolfe remains a significant threat to the safety of the public, and accepted the reasoning set out in the quotation from page 43 of the Hospital Report cited above. Mr. Bedolfe continues to experience active psychosis and has no insight into his mental illness or the need for treatment. The panel found that in the absence of the intensive structure and support offered by the forensic system, Mr. Bedolfe would almost certainly stop taking his medication which would lead to a rapid deterioration in his mental state, including increased emotional and behavioural dysregulation. This would very likely result in significant physical or psychological harm to members of the public.
[40]. The panel concluded that a Detention Order is required to safely manage Mr. Bedolfe’s risk and that this was the least onerous and least restrictive Disposition for Mr. Bedolfe at this time. While he has a number of steps to take before progressing to a consideration of community living, the panel agreed that it was appropriate to put Mr. Bedolfe on waiting lists for suitable housing given that the waiting lists for 24/7 supervised housing are long and often take years to come to fruition. Dr. Sutton testified that Mr. Bedolfe requires community living in his Disposition in order to be placed on those waiting lists.
[41]. The panel accepted the recommendation of the hospital to add the following three terms to Mr. Bedolfe’s Disposition:
- Passes to enter the community of Hamilton, indirectly supervised;
- Passes for up to 7 days to enter the community within the catchment area of St. Joseph’s Healthcare Hamilton; and
- To live in the community within the catchment area of St. Joseph’s Healthcare Hamilton in supervised accommodation approved by the person in charge.
[42]. The panel decided to include seven day passes that are both accompanied and indirectly supervised to allow for some progression. The panel also added a term requiring reporting not less than four times per month when living in the community.
DATED this 3rd day of March 2026, at the City of Toronto, in the Toronto Region.
Ms. S. Clapp Alternate Chair
Office of the Registrar Ontario Review Board