Re Jason McCalmon, 2026 CanLII 18242

Re: Jason McCalmon

ORB File No: 6584

Hearing held on: Thursday, December 18, 2025

Place of hearing: Centre for Addiction and Mental Health

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

Before: Alternate Chairperson: Ms. S. Kert Members: Dr. T. Verny Dr. G. Nexhipi Hon. C. Nelson Mr. W. Apted

Parties Appearing: Accused: Jason McCalmon Counsel: Ms. M. Addie

The person in charge of hospital: Representative: Dr. P.L. Darby

Attorney General of Ontario: Counsel: Ms. G. Meyers

REASONS FOR DISPOSITION

(Dated March 4, 2026)

Introduction

1. On July 30, 2014, Jason McCalmon was found not criminally responsible on account of mental disorder (“NCR”) on charges of possession of a weapon for dangerous purpose, assault with a weapon, and breaking and entering (intent), all contrary to the Criminal Code of Canada (the “Criminal Code”).

2. On December 18, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. McCalmon’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. McCalmon was ordered discharged subject to conditions, including (but not limited to):

a) A requirement that he reside at a particular high support residence in Toronto; and

b) That he report to the person in charge of the Centre for Addiction and Mental Health, Toronto, (“CAMH” or the “hospital”), or his or her designate, not less than once per week.

3. Mr. McCalmon was not present at the hearing. Ms. Addie advised the Board that she had instruction from Mr. McCalmon. As there were no objections to his absence, Mr. McCalmon was excused from the hearing pursuant to s. 672.5(10)(a) of the Criminal Code.

4. A Hospital Report dated November 18, 2025, was entered as Exhibit 1.

5. The issues to be determined are whether Mr. McCalmon continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

6. For the reasons set out below and based on the evidence before us, the Board finds that Mr. McCalmon continues to represent a significant threat to the safety of the public. The Board also finds that a continuation of the Conditional Discharge, with the amendments as per the joint submission, is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. McCalmon’s mental health, reintegration into society, and his other needs.

Current Psychiatric Diagnoses

7. Schizophrenia; Alcohol and Cannabis Use Disorders (in remission).

Position of the Parties

8. At the commencement of the hearing, the parties were canvassed for their without prejudice positions. Dr. Darby, on behalf of the hospital, took the position that the necessary and appropriate Disposition remains a Conditional Discharge but with a change in the reporting condition to not less than once every two weeks. The Crown, represented by Ms. Meyers, supported the hospital; Ms. Addie joined the hospital as well. Ms. Addie conceded the issue of significant threat. The matter proceeded as a joint submission.

Index Offence

9. The victim of the index offence was a neighbour of Mr. McCalmon in an apartment building. On June 17, 2013, the victim opened her apartment door and entered her apartment. Mr. McCalmon followed her in, brandishing a knife and screaming. The victim was able to push him into the hallway, lock the door and call the police. Mr. McCalmon was arrested the next day.

Background and History

10. The Hospital Report contains extensive information regarding Mr. McCalmon’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.

11. Mr. McCalmon is a 45-year-old, single, unemployed, male born in Guyana. Mr. McCalmon was approximately 15 years old when he moved to Toronto.

12. Mr. McCalmon is financially supported by Ontario Disability Support Program (“ODSP”).

13. Mr. McCalmon has eleven prior criminal charges beginning in February 2000. Charges resulted in various discharges, acquittals, withdrawn charges, and Peace Bonds. There was a charge of mischief over $5000 for which he was granted an Absolute Discharge in 2010 by the Quebec Review Board two months after an NCR finding.

14. Mr. McCalmon is four credits short of his high school diploma. He worked part-time during the summer months at Zellers while in high school but has not worked since that time.

15. Mr. McCalmon began to use alcohol and substances at approximately 18 years of age. It was during this time that his mother reports she began to notice changes in his mental health, such as a belief that he could see himself on the television.

16. In 2008, Mr. McCalmon had two psychiatric admissions to hospital. He was treated with antipsychotic medication, received diagnoses of paranoid schizophrenia and schizoaffective disorder, and was discharged to live with his mother temporarily. At the time of discharge from hospital in 2012, he was subject to a Community Treatment Order, on consent of the SDM, and psychiatric follow up in the community was provided by New Dimensions Assertive Community Treatment Team (“ACTT”). Mr. McCalmon was reportedly very difficult to engage and was resistant to involve himself with this service. The CTO was in effect until January 2013.

17. Mr. McCalmon was discharged to his LOFT residence in September 2019. He has continued to reside at LOFT, a high support housing facility in Toronto, which has a staff twenty-four hours per day.

18. Mr. McCalmon is incapable of consenting to psychiatric treatment for his major mental disorder. His mother is his substitute decision maker (“SDM”). He is financially capable to manage his own finances.

Evidence at the Hearing

19. Dr. Darby, author of the Hospital Report, gave the evidence on behalf of the hospital. Dr. Darby has been Mr. McCalmon’s attending psychiatrist for a number of years.

20. Dr. Darby testified that Mr. McCalmon remains living at LOFT housing. There have been no readmissions and no substance use. Mr. McCalmon remains compliant with his medications.

21. Mr. McCalmon has been more engaged in programming this year. He receives good support from his mother and has some contact with a cousin. Overall, Mr. McCalmon has enjoyed a positive year. However, Dr. Darby also stated that Mr. McCalmon is still quite guarded and improvement in terms of his openness and engagement with this treatment team is required. Dr. Darby noted that there had been some improvement in this regard in the couple of months before the hearing, as Mr. McCalmon had given his permission to Dr. Darby to speak to his family doctor, something he had been unwilling to allow previously.

22. As Mr. McCalmon wishes to move towards an Absolute Discharge, Dr. Darby needs to speak with his family doctor. He has made three calls to the family doctor but has not as yet received a call back. Dr. Darby noted that one of the challenges to moving Mr. McCalmon towards an Absolute Discharge is the issue of follow-up care by a non-forensic team as the local hospital is not currently able to provide care to someone to Mr. McCalmon, who does not require ACTT-type follow up.

23. In answer to questions from Ms. Addie, Dr. Darby said the reason that Mr. McCalmon is somewhat less guarded than in the past, is that he is motivated to be granted an Absolute Discharge. He understands that he has to be more open. Over the last couple of months, he has been saying that he needs to stay on medication to avoid relapse and will acknowledge his diagnosis but is less able to talk about specific symptoms as they relate to the index offences.

24. In answer to a question from a Board member, Dr. Darby stated that Mr. McCalmon’s engagement with other patients at his residence remains superficial. Dr. Darby expects that it will be stressful for Mr. McCalmon when and if he obtains employment. His lack of engagement is both characterological and also part of his illness.

25. No further evidence was called.

Submissions

26. The parties maintained their initial positions in their final submissions. Dr. Darby stated that Mr. McCalmon had a good year and the hope is that he is on a trajectory to be more open with the treatment team. A change, as requested, in reporting will allow him a little more independence. Ms. Meyers also recognized that Mr. McCalmon enjoyed a positive year and commented on his slow but steady progress. She indicated that Mr. McCalmon was on the right track and that a reduction in reporting will be positive for him.

27. Ms. Addie submitted that Mr. McCalmon is on a path towards an Absolute Discharge and holds, in his own hands, the choices he needs to make to work with the treatment team in the upcoming year.

Conclusion

28. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. McCalmon remains a significant threat to the safety of the public.

29. Mr. McCalmon suffers from a major mental illness. He continues to reside in high supportive accommodations where he has a strong circle of care including EFOPS, LOFT staff and caseworker, and his mother.

30. Mr. McCalmon continues to have very limited insight into his illness and need for medication. He requires supervision to ensure that he takes his medications. Given his continued guardedness, the onset of illness is unpredictable and may not easily be detected. He remains unlikely to follow up with support absent external controls. He continues to present as sullen and resentful in interactions with his team. There are still concerns about how he will deal with stressors. He has limited personal supports and remains uninterested in structured activities. He is passing on seeking employment until he is finished with the Board.

31. If Mr. McCalmon were to be non-adherent to his medications, his mental state is likely to deteriorate rapidly with a re-emergence of acute psychotic symptoms. His behaviour would be increasingly driven by his psychotic state, which would raise his level of risk to unacceptable levels.

32. Therefore, the Board finds that Mr. McCalmon continues to represent a significant threat to the safety of the public.

33. In light of the Board’s finding of significant risk, it is charged with shaping a Disposition for the coming year.

34. If Mr. McCalmon became non-adherent to his medication, his mental state would likely deteriorate rapidly, and symptoms of psychosis would re-emerge. Given Mr. McCalmon’s lack of insight regarding medications, the Board finds that he continues to require supervised housing and the level of forensic services he currently receives. As he has had another year with no incidents and is compliant with supervised medication administration, the Board agrees that his reporting condition may be relaxed to reporting once every two weeks.

35. We congratulate Mr. McCalmon on a good year.

36. The Board finds that the necessary and appropriate, least onerous, and least restrictive Disposition, is a continuation of the Conditional Discharge Disposition with a change to the reporting terms in accordance with the joint submission.

37. In arriving at our conclusion for the appropriate disposition, the Board has considered the paramount factor of the safety of the public, Mr. McCalmon’s community reintegration, his mental condition, and his other needs, all as required by s. 672.54 of the Code.

DATED this 4^th^ day of March, 2026, at the City of Toronto, in the Toronto Region.

Hon. C. Nelson Legal Member

__________________ Office of the Registrar Ontario Review Board