Re: Derek A. Daniels
ORB File No: 8676
Hearing held on: Friday, January 16, 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: Derek A. Daniels
Counsel: Ms. T. Raftery
Person in charge of Hospital: Representative: Ms. C. Condie Counsel Mr. P. Trenker
Attorney General of Ontario: Counsel: Ms. D. McCaig
REASONS FOR DISPOSITION
(Dated March 2, 2026)
Introduction:
On November 29, 2024, Derek Daniels was found not criminally responsible on account of mental disorder (“NCR”) on a charge of assault peace officer contrary to the Criminal Code. He is currently subject to a Disposition dated February 19, 2025, detaining him at the Regional Health Centre – North Bay site (“North Bay RHC” or the “Hospital”) with privileges up to and including the ability to enter the community within the catchment area of the Hospital accompanied by staff.
On Friday January 16, 2025, the Board convened Mr. Daniels’ annual hearing to make a disposition pursuant to section 672.47(1) of the Criminal Code. Mr. Daniels was present and represented by counsel, Ms. Raftery. The issues to be determined at the hearing were whether Mr. Daniels continued to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital advised that was the position of the Hospital that Mr. Daniels continued to represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the existing detention order with the no change to the privileges and restrictions. Counsel for the Attorney General joined with the Hospital and counsel for Mr. Daniels stated that they would likely be joining the Hospital but elected to wait until the end of the hearing to make that determination.
Findings:
- For the Reasons that follow, the panel found that the threshold for significant threat is met, and that the necessary and appropriated disposition is a continuation of the current detention disposition with no changes.
Index Offence(s):
- The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“On September 24th, 2021, Derek DANIELS appeared before Judge N.E. Redgate the City of Guelph and entered into a 3 year probation order with the following relevant conditions:
"Keep the peace and be of good behaviour"
On September 26th, 2023, Derek DANIELS entered into a release order with Justice of the Peace E. Fox with the following condition:
"Do not attend at Walmart located at 11 Woodlawn Rd. W Guelph or Circle K located at 435 Woodlawn Road, Guelph"
Synopsis:
On October 24, 2023, staff from the Walmart at 11 Woodlawn Rd. W in Guelph called to report that the accused, Derek DANIELS, was on the property harassing staff and customers. Staff advised of a trespass order they had issued but there was an additional applicable criminal condition from a judicial release order (listed above).
Police arrived on scene at 0914hrs and located the accused in the parking lot of 11 Woodlawn Rd. W. He was arrested at 0915hrs for failing to comply with a judicial release order and was subsequently read his rights to counsel and cautioned. Due to repeated recent violations of this release order he was transported to the Guelph Police Service for a show cause hearing.
While being searched at the station the accused became irate and was not complying with police instructions. He proceeded to kick with his right foot connecting with an officer's left leg. He was escorted to a cell and was notified of the additional assault peace officer charge at 0954hrs.
It was learned when checking the accused's CPIC that he was also on the above-mentioned probation order. Due to this incident he was in breach of this probation order and was notified of the additional charge at 11:12am”
Background:
- Mr. Daniels is currently 45 years of age and was raised in Thamesville, Ontario living with both his parents and his brother. He was expelled from school in G
rade 6 due to disruptive behaviours and was then placed at a school specifically for children with behavioural issues. He was again expelled from school in grade 10, also due to disruptive behaviour but did manage to get his high school diploma at another school. He then enrolled at the University of Guelph studying horticulture. He completed 1 ½ years of this program before having to leave school due to his mental health difficulties.
Legal History:
- Mr. Daniels has an extensive criminal record dating back to 2006. He has been convicted of multiple offences including Break and Enter, Theft, Fraud, Possession of Property and Tresspass.
Substance Use History:
- Mr. Daniels first used cannabis when he was in G
rade 7 and later attended Portage Elora Drug Addiction Rehabilitation Centre for Youth for approximately a year. At the time of the index offences Mr. Daniels was smoking approximately two points of crystal methamphetamine and three or four joints of cannabis a day.
Psychiatric History:
Mr. Daniels first started experiencing symptoms of schizophrenia in his early 20s and the severity of his symptoms progressively increased. However, he was not diagnosed with schizophrenia until around the age of 33. His symptoms included auditory hallucinations, command hallucinations and long-standing grandiose delusions surrounding his ability to use magic.
Between 2012 and the date of his NCR finding Mr. Daniels was hospitalized with respect to mental health issues at various locations around Ontario approximately 15 to 20 times. His symptoms generally improved fairly rapidly following admission and the initiation of antipsychotic medications and abstinence from substances. However, he frequently left Hospital against medical advice and once in the community returned to the use of substances and was noncompliant with medication resulting in decompensation of his mental health.
Current Diagnosis
- Mr. Daniels’ current diagnoses are:
Schizophrenia
Cannabis Use Disorder, severe, in remission in a controlled environment
Stimulant Use Disorder, severe, in remission in a controlled environment
Evidence:
The evidence at the hearing consisted of the Hospital Report dated December 8, 2025, as well as the testimony of Dr. Munro, Mr. Daniels’ treating psychiatrist.
Mr. Daniels’ progress since his last annual review is summarized in the Hospital Report as follows:
“ Mr. Daniels’ clinical status has fluctuated throughout the course of this reporting period. He has continued to experience chronic psychotic symptoms in the form of auditory hallucinations and grandiose delusional ideation. Mr. Daniels is often observed responding to internal stimuli. He typically spends a great deal of time in his room “fighting the voices” with “witchcraft” and “magic,” and can often be heard yelling and shouting. Mr. Daniels experiences psychomotor agitation and is frequently observed vigorously rocking side to side, both when sitting or standing. Mr. Daniels agreed to the initiation of clozapine in March 2025. He generally tolerated the medication well, although he did experience some tachycardia which necessitated a slow titration. Mr. Daniels’ mental status appeared to be improving as the clozapine dose increased; he suggested that the voices had “less power” and he believed he was getting better. He was described as relatively settled and cooperative, and he engaged well with staff and co-patients. “
Mr. Trenker called Dr. Munro to give evidence on behalf of the Hospital. The doctor agreed with the contents of the Hospital Report. She stated that she has been Mr. Daniels’ treating psychiatrist since the beginning of 2025.
Dr. Munro informed the Board that Mr. Daniels has treatment refractory schizophrenia. Earlier in the reporting period Mr. Daniels was making progress and was using some indirectly supervised privileges; however, his mental status was variable throughout the last year.
Mr. Daniels had been granted some limited indirectly supervised hospital and grounds privileges in July 2025. On July 31, 2025, while utilizing these privileges, Mr. Daniels eloped from the Hospital. Security camera footage on hospital grounds was reviewed, and Mr. Daniels could be seen entering a wooded area near College Drive (on the east end of the North Bay Regional Health Centre campus.)
Mr. Daniels was sufficiently organized to purchase a bus ticket to Guelph. In Guelph, Mr. Daniels went to the bank and took out some money that then went to Wendys’s to get food and bought Cannabis. He was found by the Guelph police, who returned him to the Hospital in the early hours of August 2, 2025. Mr. Daniels’ mental status significantly decompensated during the few days that he was AWOL.
Prior to his elopement, Mr. Daniels was involved in programming, but this decreased after his return to the hospital.
Mr. Daniels has not reattained indirectly supervised Hospital and grounds privileges since his return to the Hospital and it will likely be a while before they are reinstated. There needs to be a significant period of trust build before the Hospital would be comfortable with Mr. Daniels being indirectly supervised. It is possible that this could happen in the next year, but it is more likely to take longer.
Ms. McCann asked whether Mr. Daniels was likely to attend residential treatment as allowed in his disposition. Dr. Munro stated that he would have to deal with his psychosis before he could meaningfully participate in this kind of treatment.
In response to questions from counsel for Mr. Daniels, Dr. Munro stated that the Hospital is still trying to optimize her patient’s medication. Dr. Munro reported that community living would be possible for Mr. Daniels in the future but not in the upcoming reporting period. The treatment team would need to see the following from Mr. Daniels in the coming year
He would need to engage with more programing at the Hospital.
He would need to be more forthcoming about his mental health with his treatment team.
He would need to continue engaging with therapeutic programs and activities.
He would need to make appropriate use of his privileges as they are granted and expanded; and
He would need to avoid any further elopements from the Hospital.
Ms. Raftery asked the doctor if Mr. Daniels had expressed remorse about his elopement. Dr. Munro stated that he had and that he had said that going forward he would not heed the advice of his visual and auditory disturbances.
In response to questions from the Board, Dr. Munro stated that the Hospital was continuing to work towards optimizing Mr. Daniels medication regime. She is planning to make a number of changes to Mr. Daniels’ medication treatment in the coming months including adding Fluvoxamine to try to increase benefit of the Clozapine and stop the Paliperidone.
Dr. Munro agreed with the Board that Mr. Daniels’ home community is in Guelph and stated that the Hospital would have no objection to a request to transfer him to a facility closer to that community.
At the conclusion of the hearing counsel for the Hospital and the Crown stated that they did not have any further submissions to make to the Board. Counsel for Mr. Daniels confirmed that his client was joining with the Hospital’s position.
Analysis and Conclusion:
- The Board unanimously finds that Mr. Daniels 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. Munro. The Board also relies on the Hospital Report, which notes the following:
“ Mr. Daniels has a longstanding history of treatment noncompliance, and his illness appears refractory to some degree. He has a significant history of substance use, which has historically contributed to further decompensation of his mental status. Mr. Daniels has indicated that he was using cannabis and crystal methamphetamine daily prior to his incarceration and subsequent hospitalization. He admitted to purchasing and using cannabis while on an unauthorized leave of absence at the end of July 2025. During the same unauthorized leave, Mr. Daniels was noncompliant with oral antipsychotic medication and appeared to experience increased psychotic symptoms as the medication was reinitiated upon his return. This would suggest a propensity for fairly rapid decompensation in the absence of reliable adherence to treatment.
As such, it is the unanimous opinion of the treatment team that if left to his own devices, it would be highly likely that Mr. Daniels would become non-compliant with medication and revert to the use of substances. One or both of these factors are highly likely to result in a decompensation of his mental status, which would contribute to Mr. Daniels’ exhibiting behaviours much like those at the time of the index offence.“
The Board, therefore, accepts that absent an ORB Disposition, Mr. Daniels would likely become non-compliant with prescribed medications and engage in substance use 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. Daniels will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Daniels poses to the safety of the public while still meeting their needs, is a Detention Disposition
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Munro 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. Daniel’s mental condition, his reintegration into society and his other needs.
DATED this 2nd 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