Re: Richard Prefontaine
ORB File No: 1537
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: Richard Prefontaine Counsel: Mr. C. Bracken
Person in charge of Hospital: Representative: Mr. R. Holden Counsel Mr. P. Trenker
Attorney General of Ontario: Counsel: Ms. M. Mazurski
REASONS FOR DISPOSITION
(Dated February 23, 2026)
Introduction:
On December 14, 1992, Richard Prefontaine was found not criminally responsible on account of mental disorder (“NCR”) on a charge of second-degree murder, contrary to the Criminal Code of Canada.
Mr. Prefontaine is currently subject to a disposition of the Ontario Review Board (“ORB” or “the Board”) dated January 16, 2025, ordering his discharge subject to conditions.
Mr. Prefontaine is required, with his consent, to reside in 24-hour supervised accommodation in Ontario as arranged by the person in charge of the North Bay Regional Health Centre (“NBRHC” or “the Hospital”).
On January 15, 2026, the Board convened at the Hospital to conduct an annual review. Mr. Prefontaine attended in person. He was represented by counsel, Mr. Chad Bracken. Documents were filed in evidence at the hearing. These include the cumulative Hospital Report, dated December 5, 2025.
The issues for the Board to determine are whether Mr. Prefontaine continues to present a significant threat to the safety of the public, and, if so, to determine the necessary and appropriate disposition that will keep the public safe.
Positions of the Parties:
- At the outset, the parties advised they would be presenting a joint submission to have the current disposition remain in effect. For the reasons set out below, the Board adopted the joint submission.
Current Psychiatric Diagnoses, Hospital Report p. 110:
- Schizoaffective Disorder, Bipolar Type
- Alcohol Use Disorder, Sustained Full Remission, in a Controlled Environment
- Moderate Intellectual Disability
- Mr. Prefontaine is treated with psychiatric medications. These include:
- Olanzapine ODT 30mg po twice daily
- Sertraline HCL 25mg po daily
- Pantoprazole magnesium 40mg po bedtime
Index Offence:
- The circumstances are set out in the Hospital Report and in last year’s Reasons for Disposition, dated March 16, 2025:
On January 7th, 1992, Mr. Prefontaine was a resident at a rooming house in Sudbury. The building was occupied mostly by disabled persons who receive government assistance. The victim, Mr. William Mulvaney, 72-years old, was also a tenant at this address.
Sometime in the late evening of January 7th, 1992, residents were aware that Mr. Prefontaine had become agitated, pushing and slamming doors, and yelling and running in and out of the building. He was at one point heard yelling at the victim, “Don’t threaten me with that cane again, I’m going to split your guts wide open” and then yelling loudly, “I’ll split your guts wide open old man”. The victim, who was unable to walk, was heard to be making sounds followed by a loud crash and a thumping noise. Shortly thereafter, Mr. Prefontaine visited another residence nearby where he presented himself in a hysterical state saying that his friend was dead and had fallen out of bed. The occupant of the next-door residence ran to the Montague Street Rooming House with the accused. The victim, Mr. Mulvaney, was found lying on the floor with a pool of blood around his head. A cane at the lower end of the bed was found, broken in two. The victim subsequently died of his injuries. Mr. Prefontaine was taken to the police station where he confessed to the assault.
Personal Background:
Mr. Prefontaine is 58. He was 25 when he committed the index offence. He is single and has no known dependants.
At last year’s annual Review hearing held on January 15, 2025, Mr. Prefontaine remained on inpatient status at the hospital. It was hoped he would transition to the community as soon as a bed became available. Exact timing was still unknown. Mr. Prefontaine was also on a wait list for specialized DDTRHP housing in North Bay, as he had been the year before. The Hospital was exploring other options around the province and had referred Mr. Prefontaine to the Hospital’s complex case manager.
Mr. Prefontaine’s previous reporting year ending in January 2025 saw him generally get along with people. No serious outbursts or violent incidents arose that year. Mr. Prefontaine did well with medication compliance and with redirection. He was still receiving sex drive reducing medications which remained effective. Apart from one inappropriate sexual comment which he expressed during the reporting year, he displayed no overtly sexually inappropriate acts.
Last year, when the Board granted Mr. Prefontaine a conditional discharge, several risk factors were noted. When he is not well, Mr. Prefontaine has auditory and visual hallucinations, disordered thinking, aggressive and explosive behaviour, and sometimes hypomania.
Mr. Prefontaine is cognitively impaired because of developmental disability. His condition is characterized by impairment of adaptive functioning. He has a history of numerous hospital admissions for violent and aggressive behaviour as well as for earlier noncompliance with medication. With adequate supervision and treatment in a well-structured environment, he does not manifest this behaviour.
Last year, the Board found that Mr. Prefontaine has only a rudimentary understanding of his mental illness and his ongoing need for medication. He has a history of abuse of both alcohol and illicit substances which contributed to his aggression and violent behaviour before the index offence. Poor impulse control, low tolerance for frustration and daily need for emotional support all support Mr. Prefontaine’s need to remain in a structured environment to manage his risk of reoffending.
Lastly, the Board noted that during times when Mr. Prefontaine reacts with intimidation and an explosive manner while agitated, he requires intervention by staff members who are trained and experienced in managing and responding to this kind of behaviour.
Recent Course in Treatment, January 2025 to January 2026:
Mr. Prefontaine remains incapable of consenting to psychiatric treatment and to managing his finances and property. The Office of the Public Guardian and Trustee provides substitute consent for treatment and manages his finances.
Forensic psychiatrist Dr. Stephanie Le has been the attending psychiatrist since January 2025. Dr. Le testified that Mr. Prefontaine has had a similar year to previous years.
The hospital has made progress in their effort to advance his integration into the community. On December 8, 2025, following a period of several visits, which started in October, Mr. Prefontaine was successfully moved into a TRHP house on Brock Road in the City of North Bay. Initial reports from his placement are positive.
The TRHP residence houses three or four clients, including Mr. Prefontaine, with multiple staff from Community Living in attendance. 24-hour supervision is maintained daily. Mr. Prefontaine appears to like being there. He is happy and has settled in well, presenting no problems.
The Hospital Report contains details of Mr. Prefontaine’s course through the 2025 reporting year. His mental status has remained relatively stable with no clear recurrences of psychiatric symptoms. He has generally appeared friendly and engaging, presenting with thought process that is usually linear and logical, although his judgement and insight are somewhat limited.
Mr. Prefontaine will require consistent verbal direction and instruction from staff about sticking to established rules. His judgement and impulse control remain compromised as, when not supervised, he can often make poor decisions.
Mr. Prefontaine has shown no interest in alcohol, illicit drugs or nicotine throughout the reporting year. Although he can identify his index offence, he is not able to fully appreciate the consequences of his actions. During moments of increased frustration, he lacks the ability to apply the skills he has learned but instead needs to rely on staff intervention. Mr. Prefontaine is receptive when staff suggest PRN medication during periods of heightened stress or anxiety.
The Hospital Report sets out a series of notable incidents arising between May 2, 2025, and September 25, 2025. None of these went beyond displays of rudeness and argumentative conduct, apart from one occasion, in May, when he threatened to “stab” a staff member when they were unable to oversee an off-unit outing at his preferred time.
On July 29, 2025, Mr. Prefontaine was assaulted by a violently agitated co-patient. He suffered some minor abrasions on his abdomen and was provided with emotional support. The assault caused him significant distress for several days.
Throughout the reporting year, Mr. Prefontaine did not require segregation or seclusion to deal with his behaviours.
Mr. Prefontaine participated in hospital programs. He was able to exercise supervised privileges to access the hospital and grounds along with the wider community. At times, he could not follow guidelines and exhibited some negative behaviours. These can include pushing boundaries around caffeine intake (which he tends to over consume) and making sexually inappropriate comments.
Mr. Prefontaine has not had any contact with family members since 2009. Instead, he relies heavily on members of the treatment team to facilitate outings and to help him with money management. The Canadian Mental Health Association (“CMHA”) Adult Protective Services worker is involved, offering him regular outings into the community.
Current Violence Risk Assessment:
The Hospital Report contains a detailed Risk Assessment. It documents Mr. Prefontaine’s intellectual disability. He requires continuous caregiver support to manage daily needs and activities. He needs daily supervision to ensure adherence to his medication regimen. He demonstrates limited insight into the importance of his treatment and the potential risks associated with discontinuing his medication.
Mr. Prefontaine remains particularly vulnerable to elevated anxiety levels in situations involving interpersonal conflict. His ongoing susceptibility to stressors, limited capacity for autonomous coping and absence of a robust social support network are important considerations for ongoing risk management.
Mr. Prefontaine has made progress in his efforts to reintegrate into the community. Now that he has achieved the first step of moving to the TRHP residence in North Bay, he is on the wait list for a Community Supportive Living placement in Temiskaming Shores.
Clarifying this last point, Dr. Le testified that funding for the Community Supported Living placement has not yet been put in place for permanent housing. It is anticipated this will come through in the spring, provided no complications arise. Dr. Le advised that the reason Mr. Prefontaine has had to stay in hospital for the last months was mostly due to an inability to find him suitable housing.
Contributing to Mr. Prefontaine’s stable mental status is his ongoing involvement in well-supported social activities. He continues to participate in various hospital groups while now living in the community. These include the baking group, attending movies, helping others, and some school activities. Dr. Le commented that Mr. Prefontaine currently “has a pretty full life”.
The parties presented no further evidence.
Submissions of the Parties:
- Speaking as one voice, counsel for the parties confirmed their earlier joint submission. Hope was expressed that Mr. Prefontaine will soon enough be able to move to an anticipated permanent placement with Community Living at New Liskeard, Ontario.
Conclusions and Disposition:
The Board finds that Mr. Richard Prefontaine continues to present a significant threat to the safety of the public. This was not in dispute and is amply demonstrated by the clinical and behavioural history
Mr. Prefontaine had a good year. As shown by his progress over the last two years, it remains appropriate for him to be discharged, subject to the same conditions as before. As the Board wrote in early 2025, it is to Mr. Prefontaine’s credit that he continues to demonstrate a level of adequate mental stability to qualify for community living. He will of course require a high level of ongoing supervision and support. Residence staff where he lives need to be well informed and highly skilled in managing his condition which - it is important to note - is not likely to change.
For these reasons, having regard to the primary need to keep the public safe, and balancing Mr. Prefontaine’s mental condition, his reintegration and other needs, he is ordered discharged subject to conditions as set out in the disposition.
We thank the parties and counsel for their assistance.
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