Re: Eric Leveque
ORB File No: 6188
Hearing held on: Thursday, January 15, 2026
Place of hearing: North Bay Regional Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Hageraats
Members: Dr. J. Watts Dr. G. Stones Ms. M. Chamberlain Ms. C. Plyley via video conference
Parties Appearing:
Accused: Eric Leveque Counsel: Mr. C. Bracken
Person in charge of Hospital: Representative: Ms. J. Doyon Counsel Mr. P. Trenker
Attorney General of Ontario: Counsel: Ms. M. Mazurski
REASONS FOR DISPOSITION
(Dated March 3, 2026)
Introduction:
[1]. On August 24, 2012, Mr. Eric Leveque was found not criminally responsible on account of mental disorder (“NCR”) on charges of threatening to cause death or bodily harm and threatening to burn, destroy, or damage property, contrary to the Criminal Code. He is currently subject to a Disposition dated January 17, 2025, discharging him subject to a variety of terms and conditions, including, among others, that he reside in supportive accommodation with 24-hour, seven days a week supervision within the catchment area of North Bay Regional Health Centre (“North Bay RHC” or the “Hospital”) and report to the person in charge of the Hospital as required.
[2]. On January 15, 2026, a panel of the ORB convened a hearing at the Hospital to conduct an annual review of Mr. Leveque’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Leveque was present at the hearing and was represented by his counsel, Mr. Bracken.
[3]. The Board had to decide whether Mr. Leveque continued to pose a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
[4]. For the reasons set out below, this Board finds the test for significant threat continues to be met and that the necessary and appropriate Disposition under the circumstances is that Mr. Leveque continue to be subject to the terms of his existing Conditional Discharge Disposition on the same terms and conditions.
Position of the Parties:
[5]. Mr. Trenker, on behalf of the Hospital, recommended no change to Mr. Leveque’s current Disposition. This position was supported by Ms. Mazurski, on behalf of the Attorney General. Mr. Bracken stated that his client was not opposing the Hospital’s position but wanted to know what the next year could look like for Mr. Leveque.
Index Offence(s):
[6]. The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“On the 17 June 2012, the accused Eric Leveque was being escorted to the ECT treatment unit at the Elmgrove unit of the Brockville Gen Hospital located at 1804 cty rd 2 Elizabethtown Kitly Twp. During the escort with staff member Douglas Darling the accused was heard to say, “I’ll kill those fuckers” and also to say, “I will blow them up if they keep doing things to my brain.” He also stated that “I’ll kill them for talking about me.” He made it clear he was referring to the staff at the ECT suite located at the Elmgrove unit. He also mentioned Dr. Jackson by name. Dr. Jackson advised that he did not feel threatened by the conversation. As a result of these threats, it was determined by his treating Doctor, Dr. Brad Booth, that he should be charged with these utterances.”
Background:
[7]. Mr. Leveque is a 43 year old man born in Thunder Bay, Ontario to Susan and Dennis Leveque. When Mr. Leveque was five years old the family relocated to Smooth Rock Falls, Ontario. After a period of two years in this community, the family moved to Sudbury, Ontario where they have remained since. Mr. Levequehas one brother, Patrick who is two years older. Patrick resides in Barrie, Ontario where he is employed in the field of construction. Mr. Leveque has ongoing, regular phone contact with both of his parents and his brother. This contact was described as positive and supportive by both Mr. Leveque and his father.
[8]. Prior to the age of 13 years old, there were not any concerns regarding Mr. Leveque and his behavior. After age of 13, he began to anger easily and would often talk loudly to himself. Mr. Leveque continued to reside with his parents until he was 23 years old, when they felt that they could not continue to manage him in their home due to increased incidents of verbal aggression and threats to the mother.
[9]. Mr. Leveque struggled academically and was enrolled in special education classes. He was diagnosed with Attention Deficit Hyperactivity Disorder at age 13 and, when first hospitalized at age 14, he was diagnosed with Schizophrenia. At that time, he presented with poor concentration, distractibility, irritability, and verbal aggression. File records indicate he experienced auditory hallucinations, paranoid delusions, disinhibited behaviour, and verbal and physical aggression. He had multiple hospital admissions at various facilities. His admissions were primarily related to threatening behaviours toward others or himself.
[10]. Mr. Leveque was also involved with the ACT Team and Positive Steps (outpatient psychiatric support). His physician at that time prescribed anti-androgen medication as Mr. Leveque engaged in several incidents of inappropriate sexual behaviour, and paraphilia (exhibitionism). Mr. Leveque was placed on a Community Treatment Order (“CTO”) in June of 2011 in an attempt to assist him with compliance to medications and to manage his behaviours in the community. Ultimately, the Consent and Capacity Board ordered him discharged from the CTO.
[11]. Mr. Leveque has a criminal record spanning from 2009 to 2011, which includes multiple charges of criminal harassment, and charges of indecent act, mischief, five charges of fail to comply with a probation order, and assault with a weapon.
[12]. Mr. Leveque’s current mental health diagnoses are listed in the Hospital Report as the following:
a. Schizoaffective Disorder
b. Unspecified Intellectual Disability
c. Autism Spectrum Disorder
d. Paraphilic Disorder (Exhibitionism)
Evidence:
[13]. Mr. Leveque’s progress since his last annual review is summarized in the Hospital Report dated November 12, 2025, as follows:
“During this reporting period, Mr. Leveque's mental health declined, and he exhibited more frequent and aggressive behaviours as his testosterone levels continued to rise after stopping the Lupron medication. These behaviours were reported to be more severe than those observed since his admission to DDTRHP. Since resuming Lupron treatment, Mr. Leveque has returned to his psychiatric baseline, indicating that Lupron is essential for effectively managing his sexually inappropriate behaviours.
Mr. Leveque continues to require ongoing support to follow his treatment plan and live in the community, as he has limited insight into his mental illness and the need for treatment. This situation is unlikely to improve due to his mental health issues and deficits in both intellectual and interpersonal skills. In addition to medication, Mr. Leveque needs a tailored behavioural support plan that has successfully addressed inappropriate behaviours, thereby lowering the risk to the public.“
[14]. Mr. Trenker called Dr. Gagnon to give evidence on behalf of the Hospital. The doctor agreed with the contents of the Hospital Report. He stated that he had been Mr. Leveque’s treating psychiatrist for some time and specifically since 2019 when Mr. Leveque had been living in the community.
[15]. Dr. Gagnon informed the Board that Mr. Leveque was living in a 24-hour supervised home that had a working relationship with the Hospital. Mr. Leveque has his own area in the home, like a mini apartment and can stay in this housing as long as he wants. He moved to this placement in November of 2025 and the adjustment was going well. Mr. Leveque does not want to stay there forever; he eventually would like to move to Barrie; but he can stay there for the foreseeable future.
[16]. In the coming year, the Hospital would like to see Mr. Leveque settle into his new housing. They would like to see him follow the rules and not exhibit some of the problematic behaviours from the past year. Dr. Gagnon stated that Mr. Leveque will likely always need some support but the level of supervision may be able to be lessened in the future.
[17]. In response to questions from Mr. Bracken, the doctor confirmed that Mr. Leveque’s new home is in downtown North Bay and that he has access to the community. He is able to go to stores and interact with members of the public with staff present. There have not been many issues in the community, however, he has had a couple of interactions with women that were concerning. The staff present with Mr. Leveque were able to redirect him but these interactions demonstrated to the treatment team that staff supervision was still required.
[18]. The doctor was asked about the concerning incidents referred to in the Hospital Report. Dr. Gagnon explained that these were due to the discontinuance of Mr. Leveque’s Lupron medication. The Hospital is trying to minimize the medications as much as possible but when Mr. Leveque stopped taking Lupron, his testosterone levels increased and his behaviours became worse. Dr. Gagnon stated that Mr. Leveque would prefer lower doses of most medications and the Hospital may be able to lower his Clozapine. Mr. Leveque interjected at this point and stated that he would like to discontinue taking Clozapine.
[19]. Counsel for Mr. Leveque asked if it would be possible for his client to visit his brother who lived in Barrie. Dr. Gagnon felt that the Hospital could make arrangements for this to happen.
[20]. Counsel also wanted to know if the Hospital could re-assess Mr. Leveque’s ability to live more independently. Dr. Gagnon stated that he will always require some level of support but this could be fine-tuned in the next year. Given that Mr. Leveque had recently moved into a new residence that provided more independence, the doctor wanted to see how he was able to manage this placement before making any further recommendations.
[21]. Dr. Gagnon encouraged Mr. Leveque to continue to engage with the Hospital team. He noted that, at times, Mr. Leveque can become quite angry and will not speak with the doctor or Hospital staff. He said that this is not helpful in terms of moving forward.
[22]. The Board asked Dr. Gagnon if he anticipated that Lupron would be part of the clinical picture moving forward for Mr. Leveque. The doctor stated that the Hospital will not be stopping that medication again.
[23]. At the conclusion of the hearing the parties were asked if they wished to make closing submissions. The Hospital and Crown did not wish to add anything to the evidence presented at the hearing. Counsel for Mr. Leveque stated that his client was anxious to work with the treatment team to expand what he was able to do under his existing conditional discharge. He was hoping to be able to visit his brother in Barrie.
Analysis and Conclusion
[24]. The Board unanimously finds that Mr. Leveque continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Gagnon. The Board also relies on the Hospital Report, which notes the following:
“if left to his own devices, Mr. Leveque is likely to stop his medication and neglect psychiatric follow-up, which could lead to a significant decline in his mental health. Protecting public safety remains the team's top priority in overseeing Mr. Leveque’s care. The treatment team believes that 24/7 supportive, supervised housing reduces his risk of reoffending. Throughout most of this reporting period, Mr. Leveque lived at the DDTRHP transitional group home, and stabilizing his mental health was essential before the treatment team could move him to permanent accommodation as planned. On November 10, 2025, Mr. Leveque moved to permanent supportive and supervised housing.”
[25]. The above noted excerpt in tandem with Dr. Gagnon’s testimony that Mr. Leveque exhibited problematic behaviours over the past year, especially when his Lupron medication was discontinued and Mr. Leveque’s continued requirement forsupervision when in the community, constitutes the basis of the Board’s finding.
[26]. The Board, therefore, accepts that absent an ORB Disposition, Mr. Leveque would likely become non-compliant with prescribed medications which would lead to decompensation and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Leveque will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
[27]. Flowing from the Board’s finding that Mr. Leveque continues to pose a significant threat to the safety of the public must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Leveque’s needs pursuant to s. 672.54 of the Criminal Code.
[28]. The necessary and appropriate disposition for Mr. Leveque provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
[29]. The Board agreed with the Hospital that an Absolute Discharge would be premature at this time and relies on the following which was contained in the Hospital Report:
”With the current supports in place, the treatment team considered whether an absolute discharge would be the most appropriate course of action; however, it was felt that this might be premature given his recent move to permanent housing, as well as his history of non-compliance with treatment and aggressive behaviours. The treatment team wishes to retain the authority to monitor Mr. Leveque throughout the upcoming reporting period to ensure that the supports in place effectively manage his risk of recidivism and that the Mental Health Act will be sufficient to address any potential risks he might pose. The treatment team will closely observe Mr. Leveque as he adjusts to his new permanent accommodation. They will assist the Karis group home staff and Mr. Leveque to ensure effective risk management.”
[30]. Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Leveque poses to the safety of the public while still meeting his needs, is a continuation of the existing Conditional Discharge.
[31]. In making this Disposition, the Board carefully considered the joint positions and submissions of the parties and the evidence of Dr. Gagnon 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, Mr. Leveque’s mental condition, his reintegration into society and his other needs.
DATED this 3rd day of March 2026, at the City of Toronto, in the Toronto Region.
Ms. M. Chamberlain
Legal Member
__________________
Office of the Registrar
Ontario Review Board