Re: Donald Gautreau
ORB File No: 8274 Hearing held on: Tuesday, January 13, 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: Donald Gautreau Counsel: Mr. C. Bracken Person in charge of Hospital: Representative: Ms. C. Condie Counsel: Mr. P. Trenker Attorney General of Ontario: Counsel: Mr. L. Van Gorder
REASONS FOR DISPOSITION
(Dated February 24, 2026)
Introduction:
[1]. Mr. Donald Gautreau appeared in court charged with attempted murder, contrary to the Criminal Code of Canada. At his trial, expert psychiatric evidence satisfied the court that he was suffering from a severe mental disorder at the time of the offence. On April 5, 2023, the court found him not criminally responsible on account of mental disorder (“NCR”).
[2]. In the same proceeding, and pursuant to section 672.64 of the Criminal Code, the court designated Mr. Gautreau to be a high-risk accused (“HRA”).
[3]. Mr. Gautreau is currently subject to a disposition of the Ontario Review Board (“ORB” or ‘‘the Board’’) dated October 29, 2024, ordering his detention at the Forensic Program of the North Bay Regional Health Centre (“NBRHC” or ‘‘the hospital’’).
[4]. The disposition awarded limited privileges: a) hospital and grounds privileges, escorted by staff; b) hospital and grounds privileges, accompanied by staff or a person approved by the person in charge; c) hospital and grounds privileges, indirectly supervised; d) to attend outside of the hospital for any purpose necessary for his treatment, provided that he is escorted by staff authorized by the person in charge of the hospital, and provided further that a structured plan has been prepared to address any risk related to his absence from the hospital and, as a result, that absence will not present an undue risk to the public;
[5]. On Tuesday, January 13, 2026, the Board convened at the hospital to conduct an annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Gautreau was present. He was represented by counsel, Mr. Chad Bracken.
[6]. Documents were filed in evidence: a) Report submitted by the NBRHC, dated December 17, 2025, documenting Mr. Gautreau’s clinical status. b) Victim Impact Statement of Ms. K. dated September 26, 2024: this includes medical records documenting her extensive injuries and surgical treatments.
[7]. The issues to be determined at the hearing were whether Mr. Gautreau continues to present a significant threat to the safety of the public, and if so, to determine the necessary and appropriate disposition.
Positions of the Parties:
[8]. When the hearing began, all three parties advised that they were agreed on the issues: Mr. Gautreau continues to present a significant threat. To manage his risk to the public, they further agreed that the current disposition should continue in effect, without change.
[9]. The parties asked the Board to order a formal risk assessment under section 672.121(c) of the Criminal Code. The parties made this request in contemplation of having next year’s ORB panel assess whether Mr. Gautreau’s high-risk accused finding should be referred to the Superior Court for review under section 672.84(1) of the Criminal Code.
[10]. For the reasons set out below, the Board adopted each of the recommendations provided.
Index Offence:
[11]. The circumstances are described in the Hospital Report and last year’s Reasons for Disposition, dated October 29, 2024:
Mr. Gautreau and the victim, Ms. K., were neighbours in a Sudbury apartment building. They lived across the hall from each other.
On April 25, 2022, Mr. Gautreau knocked on her door. When Ms. K. answered, he asked for a cigarette and stepped inside. She politely told him she did not have any. Mr. Gautreau followed the victim to her bedroom. Jumping on the bed, she tried to get back out to her bedroom door. He was saying something about killing and about his parents.
Ms. K. ran out to the kitchen. Coming up to her from behind, Mr. Gautreau threw a blanket over her head. He tried to choke and suffocate her. Ms. K. got the blanket off her head. She saw he had a knife in his hand which he had retrieved from the kitchen.
Mr. Gautreau attacked her with the knife, slicing her repeatedly. Ms. K. tried to get the knife away from him by grabbing it. Her hand was sliced multiple times. She suffered extensive bleeding. Mr. Gautreau also inflicted serious wounds to her throat and face including to her jaw.
Knowing she was injured, Ms. K. made her way out the kitchen door to a set of outside stairs. She managed to get out of the building onto the street. Before she went down, Mr. Gautreau tried to push her down the stairs.
A neighbour saw the victim and called 911. The ambulance appeared and brought her to hospital where she was treated.
The victim’s injuries were horrific. She required approximately 100 stitches to repair her neck and mandible, and another 50 stitches for injuries to her hand sustained in defending herself. Surgery to her neck was also needed to repair a nicked artery.
Ms. K. is left with extensive scars. She has lost the ability to fully use her hand. The Victim Impact Statement documents her psychological trauma: internal pain, including fear, depression, anxiety, worry and complete terror.
At the scene, Mr. Gautreau was arrested almost immediately. He went down on his knees and then laid on his stomach, shouting “I’m cooperating, I did it”. He had blood on his hands and mouth. He later told a psychiatrist that the appearance and taste of the victim’s blood led him to conclude that she was cloned from a sheep. While in police custody, Mr. Gautreau made several utterances that reflected severely disordered thinking.
A further detailed summary of the underlying facts is set out in the more recent decision of the Ontario Court of Appeal, R. v. Gautreau, 2025 ONCA 873, following Mr. Gautreau’s unsuccessful appeal of the trial court’s HRA finding.
Current Psychiatric Diagnosis:
[12]. Mr. Gautreau is diagnosed with schizophrenia. He is treated with prescribed psychiatric medications including:
- Clozapine 375mg daily
- Clonazepam 0.25mg twice daily
- Trazodone Hcl 175mg daily
- Quetiapine fumarate 250mg daily
- Fluvoxamine maleate 100mg daily
- Naltrexone Hcl 100mg daily
Personal Background:
[13]. Mr. Gautreau is 50. He was born in Moncton, New Brunswick. Little is known about his mother although he previously reported his father was Metis. Mr. Gautreau has reported having a difficult childhood and that he was abused by his mother. At other times, he has reported that he did not know his biological mother and was raised by a physically and emotionally abusive foster mother.
[14]. Mr. Gautreau has consistently reported entering the foster care system at about the age of three. He spent much of his childhood in various foster and group homes. He reported that he began living on his own at about the age of 16.
[15]. Mr. Gautreau has lived a transient lifestyle. At 19, he relocated to Toronto. In about 1993, he moved to Vancouver Island, staying mostly in Nanaimo. He later lived in Vancouver from 2005 to 2008 before returning to Moncton, New Brunswick, staying there until 2011. Mr. Gautreau has also lived in Ottawa and North Bay before moving to Sudbury in 2017.
[16]. Mr. Gautreau’s reports of childhood physical and emotional abuse are unclear in details as his reports, over time, have been inconsistent and were frequently mixed with expressions of delusional belief. In early childhood, as Mr. Gautreau reported, he was diagnosed with Attention Deficit Hyperactivity Disorder. He reported that, at school, he was bullied and beaten up by classmates. By Grade 10, he left school after repeated expulsions due to aggression. Collateral information suggests he was disruptive in class and got poor grades. Acts of mischief were reported, including pulling fire alarms and setting fires.
[17]. Mr. Gautreau has been financially supported by ODSP since 2011, due to fibromyalgia. In the past, he had worked at fast food restaurants and as a construction worker. He has also done volunteer work.
Substance Abuse History:
[18]. There is a significant history of substance use including alcohol, cannabis, crack cocaine, methamphetamine and heroin. Mr. Gautreau contracted hepatitis C from using shared needles. In British Columbia, between 2001 and 2008, he was treated with methadone. For several years, he was able to stop using stimulants. However, in about December 2021, he resumed use of crack cocaine. He continued doing so for the four to five months leading up to the index offence in April 2022.
Legal History:
[19]. The criminal record began in 1993. Convictions appear for theft over, mischief under, attempt to commit an indictable offence, and possession of stolen property. Narcotics trafficking related convictions were registered in 1993, 1996 and 1998.
[20]. Mr. Gautreau was sentenced to periods of custody on each of his court appearances listed between 1993 and 1998. For the last two court sentences, in Nanaimo B.C., he was permitted to serve jail time in the community under conditional sentences, as opposed to being physically incarcerated.
Psychiatric History:
[21]. Mr. Gautreau had multiple hospitalizations in Ontario, New Brunswick and British Columbia. He has received diagnoses of schizophrenia, schizoaffective disorder, bipolar disorder, delusional disorder, drug-induced psychosis, antisocial personal traits, and/or schizotypal personality disorder. There is a history of self-discharge from hospital contrary to medical advice, medication noncompliance and disengagement from various community treatment programs. More precise details of the numerous psychiatric admissions and contacts are set out in the Hospital Report at pages 7 – 10.
Course Following the April 2023 NCR Verdict:
[22]. In July 2023, Mr. Gautreau came under the care of forensic psychiatrist, Dr. G. Munro at the NBRHC. Mr. Gautreau has continued to experience symptoms of his illness, in particular delusions; however, the symptoms have gradually attenuated.
[23]. During the first part of Mr. Gautreau’s reporting year ending in October 2024, there were several incidents involving verbal aggression with hospital staff. By August 2024, Mr. Gautreau was successfully transferred to a less secure forensic unit where he did quite well. On the unit, Mr. Gautreau established a good therapeutic alliance with staff. He worked at the hospital recreational program’s “Snack Shack” and engaged in academic upgrading.
[24]. The same reporting year saw Mr. Gautreau remain free of substance use. Mr. Gautreau was clearly indicating he had no intention of ever returning to his past use of dangerous street drugs.
[25]. At last year’s Review Board hearing, held on October 7, 2024, Dr. Munro testified that while Mr. Gautreau had limited insight into his illness and his need for medication, he remained medication compliant. Dr. Munro testified, it would be appropriate to grant Mr. Gautreau more extended privileges to the point of allowing him indirectly supervised hospital and grounds privileges and that this would not increase the risk presented to the public. Almost all hospital grounds are monitored by cameras. The introduction of indirectly supervised passes would be done gradually, and always with careful monitoring.
[26]. Satisfied with this evidence at last year’s annual review hearing, the Board saw fit to grant Mr. Gautreau indirectly supervised hospital and grounds privileges.
Current Violence Risk Assessment:
[27]. The most recent Hospital Report sets out the treatment team’s unanimous view that Mr. Gautreau continues to pose a significant threat to the safety of the public. The following passage appears at page 29:
“The treatment team met on November 27, 2025, in preparation for Mr. Gautreau’s annual hearing before the Ontario Review Board.
Mr. Gautreau’s course throughout this reporting period was discussed. Despite his limited insight into his illness and the need for treatment, he has remained compliant with medication. His mental status is stable, and he has been cooperative and pleasant with staff. Although Mr. Gautreau continues to experience chronic refractory delusional ideation, the voracity with which he will express this ideation is greatly attenuated with treatment. Throughout this reporting period, Mr. Gautreau has been described as highly engaged in programming and activities available to him. Mr. Gautreau has not required the use of seclusion over the past reporting period and has not posed a significant management concern on or off the unit.
Mr. Gautreau was found NCR on April 5, 2023, on the charge of Attempt to Commit Murder. Additionally, the Court elected to apply the designation of High Risk Accused. Mr. Gautreau filed an appeal of the High Risk Accused designation, which was heard on October 6, 2025, at the Ontario Court of Appeal (OCA). At the time of the team discussion, the decision from the appeal had yet to be released. This was ultimately received on December 16, 2025, and Mr. Gautreau’s appeal was dismissed. Given the limited time available prior to his annual review, team members did not have the opportunity to meet again following the issuance of the OCA decision, prior to this report completion.
In light of the High Risk Accused designation, the treatment team recognizes there are limited options for Mr. Gautreau’s rehabilitation that would afford him liberty, whilst ensuring the safety of the public.”
[28]. Section 672.64(3) of the Criminal Code imposes limits on privileges which could otherwise be considered for HRA persons:
Detention of high-risk accused – if the court finds the accused to be a high-risk accused, the court shall make a disposition under section 672.54(c), but the accused’s detention must not be subject to any condition that would permit the accused to be absent from the hospital unless
(a) it is appropriate, in the opinion of the person in charge of the hospital, for the accused to be absent from the hospital for medical reasons for any purpose that is necessary for the accused’s treatment, if the accused is escorted by a person who is authorised by the person in charge of the hospital; and
(b) a structured plan has been prepared to address any risk related to the accused’s absence and, as a result, that absence will not present an undue risk to the public.
Current Update, to December 17, 2025:
[29]. Mr. Gautreau is capable to consent to treatment. Despite his limited insight into the need for and benefit of treatment with antipsychotic medication, he has continued to remain compliant with his medication regime. Mr. Gautreau will complain of low mood and depression. He has not wanted treatment with antidepressant medication.
[30]. Mr. Gautreau has remained abstinent from any use of substances during the current reporting period. All urine test samples obtained for the purpose of detecting possible consumption of alcohol or other intoxicants have been negative. Mr. Gautreau engages in regular individual sessions with the Hospital’s concurrent disorders clinician.
[31]. Mr. Gautreau’s clinical status has remained relatively stable over the reporting period. He has continued to show sustained improvement in some of the positive symptoms of schizophrenia, such as paranoia and perceptual disturbances. There has also been some improvement in the intensity of his chronic delusional ideation. He continues to have limited insight into his illness and legal circumstances.
[32]. While in hospital, Mr. Gautreau has not posed a significant management concern. He has not required the use of seclusion or restraints this year. Incidents involving limited distress tolerance have greatly reduced. Mr. Gautreau has appropriately managed all privileges, including indirectly supervised access to hospital and grounds.
[33]. For the current reporting year, Mr. Gautreau is described as having been highly engaged in all therapeutic groups and hospital programming. He is polite and respectful to staff and his peers. He has participated in many groups and programs including cognitive behaviour therapy (“CBT”), CBT for psychosis, “Seeking Safety” and others. Working with his assigned occupational therapist, Mr. Gautreau engages in cognitive remediation.
[34]. In terms of community supports, Mr. Gautreau has no contact with any family members. No other form of social support has been identified. As noted above, having regard to section 672.64(3) of the Criminal Code, the Hospital cannot explore options for community reintegration.
Evidence at the Hearing:
[35]. The Board also received direct testimony from Mr. Gautreau’s treating forensic psychiatrist, Dr. Gillian Munro. Dr. Munro confirmed the contents of the Hospital Report filed in evidence. She provided further explanations and responded to questions.
[36]. Dr. Munro reported that, for the past year, Mr. Gautreau has done everything they can ask of him. He remains adherent to medication. His condition has shown more recent improvement following continued adherence to his prescribed regime. He is nothing but pleasant and cooperative with staff. Volunteering at the Snack Shack sees Mr. Gautreau perform with enthusiasm. He will even volunteer to pick up other shifts when co-patients are not available. He engages in a variety of prosocial behaviours and, as described by Dr. Munro, is quite kind and thoughtful to other patients who suffer from cognitive disabilities.
[37]. Mr. Gautreau uses his indirectly supervised privileges appropriately. He has never returned late, nor has he displayed any behavioural difficulties when exercising privileges.
[38]. Dr. Munro would like to see Mr. Gautreau’s HRA designation referred to the Superior Court. She feels the Hospital would likely be able to recommend reconsideration of his status by the Superior Court by the end of the coming reporting period. Dr. Munro noted that the criminal record is becoming dated, with the last recorded conviction arising in 1998. Dr. Munro described his criminal offences prior to the index offence as “non-violent”.
[39]. Dr. Munro advised they are currently unable to provide a more complete risk assessment. This is due, in part, to a lack of information from any collateral sources. Also, because of Mr. Gautreau’s longstanding schizophrenia condition, he cannot provide much of an account of his own history. The Hospital has been further limited in its ability to complete a risk assessment since they lack a staff psychologist. However, as Dr. Munro added, one has now been hired to join their staff.
[40]. Dr. Munro responded to questions from Mr. Bracken, counsel for Mr. Gautreau. Dr. Munro agreed with counsel’s characterization that Mr. Gautreau is a “very enthusiastic model patient”. He has participated in counselling services on every one of the available programs, except for “healthy lifestyles”, which Mr. Gautreau declines due to pain related to his fibromyalgia.
[41]. Dr. Munro agreed that Mr. Gautreau’s mental decompensation preceding the index offence was not quick. It had arisen over a long period of time when he had not been treated for the better part of twenty years. Substance use over the years was variable. Past diagnoses of substance use disorders relating to cannabis, cocaine and opioids are less of a concern. Dr. Munro agreed, when asked, that the Hospital has no ongoing concern about substance use. Mr. Gautreau remains quite enthusiastic in his intention to maintain sobriety. Dr. Munro agreed with the suggestion that the current diagnosis in terms of substance use disorders can be described as “in remission in a controlled environment”.
[42]. Dr. Munro noted that when Mr. Gautreau was first admitted to treatment in July 2022, their first concern was his being unfit to stand trial. Previous diagnoses at the time of the NCR assessment included “personality traits”. This is no longer the case since Mr. Gautreau no longer meets those criteria. Dr. Munro testified that Mr. Gautreau’s prognosis has improved profoundly since he was first admitted to hospital.
[43]. Responding to questions posed by Mr. Van Gorder on behalf of the Attorney General, Dr. Munro described Mr. Gautreau’s level of insight. Mr. Gautreau feels that medication does help him. That said, he does not think he needs it. There are some medications (not Clozapine) which he chooses to decline from time to time. In this respect, according to Dr. Munro, Mr. Gautreau’s insight is partial.
[44]. Dr. Munro responded to questions posed by Board members. She was asked if the Hospital believes that missing information about Mr. Gautreau’s earlier background would likely be obtained, and, if so, would those elements likely reduce his risk factors. Dr. Munro replied, this was possible. She also said that this question was difficult to answer.
[45]. Asked about Mr. Gautreau’s ongoing refractory delusions, Dr. Munro confirmed, unfortunately, they are still present - although they have attenuated. Mr. Gautreau’s delusions complicate the Hospital’s ability to obtain a reliable personal history.
[46]. The Hospital intends to begin psychological testing. Not having been able to conduct a risk assessment using a structured clinical judgement tool such as the HCR-20 v.3, Dr. Munro advised she would estimate that Mr. Gautreau’s current risk level is likely in the low to moderate range.
[47]. Dr. Munro was asked why the Hospital needs an order from the Board before conducting a risk assessment on their own. Panel members noted that the tools needed to undertake a proper risk assessment are already available to the Hospital. Dr. Munro replied that, because of the HRA designation, she was not sure what assessments were going to be required. Dr. Munro thought that an outside expert might have to be enlisted. Dr. Munro wishes to follow the correct procedures. She noted that the overall picture for the Hospital is complicated and challenging, especially given the lack of collateral information.
[48]. The parties presented no further evidence.
Submissions of the Parties:
[49]. Counsel for the Hospital, Mr. Trenker, spoke for all counsel to confirm the joint submission as it was presented earlier.
[50]. The parties also asked the Board to formally order a risk assessment to focus on Mr. Gautreau’s HRA designation. Counsel submitted that such an order would be of some use and would involve no harm. Counsel specified that the Board is not yet being asked to make a referral to the Superior Court under section 672.84(3). Instead, the parties will await the results of the new assessment before deciding, a year from now, whether to seek such a referral from the Board
[51]. Counsel appearing for the Crown, Mr. Van Gorder advised that while there was no harm in having the Hospital obtain more information about Mr. Gautreau’s overall risk, the Crown will have more to say later upon completion of any future detailed assessment.
[52]. Counsel for Mr. Gautreau advised that they anticipate raising the issue of a possible HRA review in a future year. To this end, Mr. Bracken submitted, obtaining more and better information will be crucial for his client. Given Mr. Gautreau’s unique situation, it is worthwhile and meritorious to start the process now. Mr. Gautreau’s case does not resemble that of other HRA accused persons who have an extensive historical pattern of repeated violence. For Mr. Gautreau, counsel submitted, this is not the case.
Conclusions and Disposition:
[53]. Based on the evidence, and supported by the appropriate joint submission, the Board finds that Mr. Donald Gautreau continues to present a significant risk to the safety of the public. He suffers from a major mental illness, schizophrenia. At the time of the index offence, and despite a lengthy history of previous psychiatric admissions, his mental illness was not being managed but was running rampant. Things were made much worse in the months leading up to the horrific event by his having returned to using dangerous street drugs. This added element compounded the extreme life-threatening violence inflicted on the innocent victim.
[54]. Since coming into treatment under the jurisdiction of the ORB, Mr. Gautreau’s mental status has improved - to a degree. Despite adherence to medication in the controlled hospital environment, Mr. Gautreau continues to experience symptoms of his illness, although these have attenuated under the current treatment regime.
[55]. In the reporting year just completed, Mr. Gautreau has conducted himself well. He has not presented a management concern on the hospital unit. Mr. Gautreau attends and participates in counselling and other programs designed to promote his rehabilitation and to help him better understand how to navigate life challenges without having to resort to aggression, violence or substance use. He keeps up his compliance with recommended psychiatric and pharmacological treatment. All of this contrasts with the lengthy history of disengagement from treatment over previous decades.
[56]. Under The Criminal Code, as a designated high risk accused, Mr. Gautreau is barred from leaving the hospital property, apart from exceptional circumstances with the strictest of controls put in place. The hospital and his counsel seek an order for an assessment that would ultimately make it possible for the Board to consider referring his case to the Superior Court which would then be called upon to review Mr. Gautreau’s HRA finding.
[57]. As expressed to this panel, the present request for an assessment order goes no further than to begin the process of seeing whether Mr. Gautreau might in future qualify for a referral for court review. The order sought, if made, would not change any aspect of Mr. Gautreau’s current situation. He would remain subject to all the same limits and controls that apply today.
[58]. The panel is prepared to grant the request. Our order will read as follows: The hospital shall arrange for an assessment of the accused’s mental condition to assist the Board in determining at the next annual review hearing whether it should refer the finding that the accused is a high‑risk accused to the Court for review.
[59]. The Board accepts that Mr. Gautreau has conducted himself appropriately over the current reporting year. Based on this, we see no reason to adjust or further limit the terms and conditions set out in the most recent disposition dated October 29, 2024.
[60]. For these reasons, considering the primary protection of the public, while balancing Mr. Gautreau’s mental condition, his reintegration and other needs, a renewed detention shall issue, with no change.
[61]. We thank the parties and counsel for their assistance.
DATED this 24th day of February 2026 at the City of Toronto, in the Toronto Region.
Mr. P. Hageraats Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board