Re: K. (G.)
ORB File No: 7486
Hearing held on: Wednesday, January 14, 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: K. (G.) Counsel: Ms. M. Munsterman via video conference
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 February 23, 2026)
Introduction:
On January 21, 2019, Mr. K. (G.) was found not criminally responsible on account of mental disorder on three charges of sexual assault, contrary to the Criminal Code of Canada.
K. (G.) is currently subject to a disposition of the Ontario Review Board (“ORB” or “the Board”), dated January 27, 2025, ordering his detention at the North Bay Regional Health Centre - Forensic Programs (“NBRHC” or “the Hospital”).
K. (G.) was awarded privileges, including the possibility of living in hospital approved accommodation in the City of North Bay.
On January 14, 2026, the Board convened at the hospital to conduct an annual review. K. (G.) appeared in person. He was represented by counsel, Ms. Marni Munsterman. Documents were filed in evidence, including a cumulative Hospital Report, dated December 1, 2025.
Positions of the Parties:
When the hearing opened, all three parties advised that K. (G.) continues to represent a significant threat to the safety of the public. They recommended that the current detention order remain in place. A minor change was sought, namely, to amend condition 2 (f), by expanding the geographic area for approved accommodation to have it now read: in the catchment area of the hospital.
For the reasons set out below, the Board adopted the joint submission. Condition 2 (f) was amended as requested.
Current Psychiatric Diagnoses, Hospital Report p. 61:
Schizophrenia, multiple episodes, currently in partial remission
Other Specified Personality Disorder
Amphetamine-type Substance Use Disorder, moderate, in sustained remission
Cannabis Use Disorder, moderate, in sustained remission
Opioid Use Disorder, moderate, sustained remission, on maintenance therapy
Alcohol Use Disorder, moderate, in sustained remission
- K. (G.) is treated with psychiatric medications including:
Abilify Maintena 400mg IM q 21-days
Buprenorphine 100mg s.c. q 28-days
Lithium Carbonate 600mg po bid
Seroquel 50 mg po tid PRN
K. (G.) complies with his prescribed regime treatment. The hospital report notes he has shown some insight into his mental illness and need for ongoing care. He says his medications are effective. Routine blood tests are regularly conducted to monitor therapeutic serum levels.
In mid-November 2025, K. (G.) suddenly quit smoking. He was nicotine-free for several days before notifying staff. To help manage nicotine withdrawal symptoms, such as irritability, he was prescribed nicotine replacement therapy.
Index Offences:
- The circumstances are described in the Hospital Report and in last year’s Reasons for Disposition, dated March 20, 2025:
On September 24, 2018, at approximately 18:00, the accused was walking on the Mackenzie King Bridge in Ottawa when he pushed into a woman, placed his hand under her dress and digitally penetrated her vagina. The victim and the accused both fell to the ground, and then the accused walked away. Around the same time, a second female victim was also walking on the Mackenzie King Bridge when the accused walked in front of her. He placed his hand on her vagina over her jeans. She began to follow him and phoned police as he ran into downtown Ottawa.
The accused ran toward Dalhousie and Rideau streets where he slapped the buttocks of a third woman. Another call to police was made and a security officer chased him down and placed him under arrest The Ottawa Police arrived on the scene and took over custody. He was charged with three counts of sexual assault.
Course in Treatment:
Dr. Stephanie Le, forensic psychiatrist, has been K. (G.)’s treating psychiatrist since early January 2025. The previous reporting year saw K. (G.) remain on inpatient status at the hospital. At the last annual review hearing, held on January 17, 2025, the Board saw fit to include a community living provision in the disposition.
This was an incentive for K. (G.) to take some necessary steps to move forward with his treatment and rehabilitation. Dr. Le made it clear to K. (G.), as she does with all her patients, that if expectations are met, he will move forward. She told him that rudeness and threats to staff would not be tolerated. If these were to resurface, K. (G.)’s progress would be impeded.
In the 2024 reporting year, K. (G.) had had only one documented episode of substance use. This was in January 2024, before he had arrived at the NBRHC on a transfer from the Royal Ottawa Mental Health Centre.
Since then, K. (G.) has successfully managed to abstain from substances. This is significant, considering his extensive history of having used dangerous substances, including reports from 2023 of increased fentanyl use which had produced overdoses requiring revival by administration of Naloxone.
At last year’s annual review hearing, the Board also noted that K. (G.) had been criminally charged in Ottawa following a knife incident. He has a previous history with weapons. When K. (G.) appeared in court following the incident, he was given a suspended sentence and ordered to serve a non-reporting probation term for twelve months. A ten-year prohibition from possessing weapons and firearms was also ordered.
Course in Treatment, January 2025 to January 2026:
At the hearing, the Board received direct testimony from Dr. Le, the attending forensic psychiatrist. According to Dr. Le, K. (G.) has had a very successful year, even though there were some bumps in the road. He has worked on his inter-personal difficulties with others, including with hospital staff. Dr. Le commended him for this.
K. (G.) has participated in Substance Use Programming and Cognitive Behavioural Therapy. He has been involved in various groups designed to advance his rehabilitation and further progress. These include Dual Recovery, Seeking Safety, Illness Management and Recovery, Art Therapy, Horticultural Therapy, Healthy Lifestyles, Leisure Education for Individuals with Substance Abuse, Narcotics Anonymous, Anger Management, Book Club, and Cooking. He also enjoys art activities in the community and participates in Photovoice, a community photography group.
K. (G.) has been highly engaged with Indigenous cultural ceremonies. He interacts openly with Indigenous mental health staff, seeking their support when needed.
Throughout the reporting period, K. (G.) actively participated in psychotherapy with the Registered Psychotherapist, P. Green. The Hospital Report notes that K. (G.) demonstrates increasing insight into his mental health. He has improved his emotional regulation and made significant progress in anger management.
K. (G.) has remained free of active mental health or substance use issues. He has continued to pursue vocational goals throughout the reporting year. By November 2025, he was preparing to transition to independent living and was showing positive engagement with available supports.
K. (G.) has been quite eager to get employment in the community. Most recently, he received a job offer from a local ski hill. Unfortunately, it later turned out they had over hired which meant that he was not taken on. K. (G.) is still looking for employment. He contemplates working at different jobs including Pizza Hut, KFC, McDonalds, or Subway.
The Hospital Report contains extensive information regarding incidents of verbal intimidation during times when K. (G.) found it difficult to regulate his emotions. Dr. Le and hospital staff spent some time addressing these incidents with K. (G.). He has progressed in coming to recognize the importance of allowing himself extra time to “sign out” and check his mood beforehand to identify stress or irritability.
Dr. Le described one interaction when K. (G.) was initially very frustrated with her. He was wanting to go to Ottawa, where he had lived before, to use drugs and get an absolute discharge. K. (G.) had moments when he would get frustrated and paranoid with Dr. Le. However, as she explained in testimony, he was willing to listen to her.
Dr. Le described the trusting relationship that she and K. (G.) have developed. Dr. Le also credited K. (G.) as having a very good sense of humour which enhances their working alliance. More importantly over the course of the reporting year, K. (G.) has made significant progress dealing with his issues. According to Dr. Le, he has “gone far beyond what many had previously expected of him.” K. (G.) continues his efforts to get better and advance his goals.
Dr. Le described how K. (G.) has more recently been in situations where he can remain in his room to collect himself, before starting to discuss matters with others. This contrasts with his previous experience, where he would become agitated and frustrated.
Dr. Le testified that K. (G.) has made great strides. Despite a longstanding and very problematic substance abuse history, he has remained abstinent. K. (G.) struggles with the reality that co-patients in his environment continue to use drugs. When he goes out into the community, where others access drugs, he has not exploited opportunities to do so or use substances offered to him.
Dr. Le confirmed that, whereas K. (G.) has greatly struggled in the past with his ability to get through difficult moments, he is doing much better. No serious breakthrough symptoms have been observed for some time. His mood is quite stable. There have been no episodes of mania or depression nor any psychotic symptoms.
Dr. Le described an occasion this year when K. (G.)’s Lithium blood level was found to be below the therapeutic range. On his own, K. (G.) then approached Dr. Le to ask if the dosage level should be increased. This was a sign to Dr. Le that K. (G.) was demonstrating appropriate insight. After further consideration, Dr. Le determined they did not need to increase the Lithium dose at that point.
K. (G.) takes oral medications in addition to long-acting injectable prescribed medication. He makes use of a blister pack. He uses a phone alarm strategy to remind him when it is time to take his pills.
Dr. Le confirmed certain details set out in the Hospital Report at pp 67-68. These capture the hard work K. (G.) has been doing. The following passage is of note:
(K. (G.)’s) therapy sessions reflected a growing ability to process trauma and a proactive attitude toward personal growth. He acknowledged past behaviours he wished to avoid and expressed a commitment to positive change as he prepared for community living. He also reported spiritual experiences that he monitored carefully and found to be positive. By September 2025, K. (G.) expressed satisfaction with his living situation, optimism about his future, and openness regarding past challenges. He remained free of active mental health or substance issues and continued to pursue vocational goals. By November 2025, he was preparing to transition to independent living and demonstrated positive engagement with available supports. His successful cessation of smoking illustrated readiness for further behavioural change, with only mild irritability that did not affect his overall functioning.
The Hospital recently moved K. (G.) into the community. In early October 2025, he had some initial visits to 501 Morris Street in North Bay. This is a Canadian Mental Health Association (CMHA) group home offering transitional supportive services to persons with serious mental illness and addictions. Staff are present 24 hours each day.
K. (G.) engaged proactively with CMHA. His application to 501 Morris was approved following a series of successful visits in November. Upon completing further approved visits in December, K. (G.) was scheduled to be discharged from the hospital for January 2026. A week before the present hearing, the hospital discharged K. (G.) to 501 Morris, where he now resides.
The parties presented no further evidence.
Submissions of the Parties:
- The Board received confirmation from all three parties recommending continuation of the existing detention order. The parties asked the Board to amend condition 2 (f) to have it read in part: to live within the catchment area of the NBRHC, as opposed to in the City of North Bay.
Conclusions and Disposition:
Based on the evidence, and appropriately supported by the joint submission, the Board had no difficulty finding that Mr. K. (G.) continues to present a significant threat to the safety of the public. The history of violent offending is clearly linked to his diagnosed major mental illness exacerbated by a history of abusing dangerous substances.
To his credit, K. (G.) has made real progress during the two most recent reporting years, 2024 and 2025. At the conclusion of this hearing, the parties expressed their congratulation to K. (G.) for his hard work in achieving greater insight and overall improvement.
K. (G.) will still require forensic supervision for the coming year. This necessarily involves treatment with psychiatric medication and ongoing involvement in supportive counselling. As K. (G.) has come to appreciate, concerns about a potential return to substance use remain present. K. (G.) has been successfully dealing with this. We encourage him to continue and not lose hope.
The Board was impressed by the Hospital’s apparent success in moving K. (G.) forward with their continued support and encouragement. The current treatment plan appears solid. K. (G.) has achieved a degree of stability in managing his illness and addressing related concerns about substance use. The coming year will reveal more about his potential for further progress.
The Board finds that a detention order is required while K. (G.) embarks on his transition to community living. No doubt, the Hospital intends to keep a close eye on his continued progress while monitoring his mental state, compliance with medication and abstinence from substances. Should signs appear that his condition might be at risk of deteriorating, the Hospital will require the ability to carefully and quickly return K. (G.) to hospital so that the gains he has realized can be quickly restored without having the patient subject to any greater risk of further decompensation.
The Hospital also requires the ability to monitor and approve K. (G.)’s ongoing residential placement in the community.
Regarding condition 2(f), the parties seek an expanded geographic radius for future accommodation. This will offer the hospital a wider selection of possible future housing options, many of which are relatively close to the City of North Bay. For now, it is not expected that K. (G.) will be relocating any great distance from North Bay. The request is granted, amending condition 2(f) to read: within the catchment area of the NBRHC.
For these reasons, having regard to the primary need to keep the public safe, and balancing K. (G.)’s mental condition, his reintegration and other needs, a detention order will issue. Terms and conditions are set out in the accompanying disposition.
We thank the parties and counsel for their assistance and wish K. (G.) continued success in his reintegration.
DATED this 23rd day of February 2026 at the City of Toronto, in the Toronto Region.
Mr. P. Hageraats
Alternate Chairperson
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Office of the Registrar
Ontario Review Board