Re: Terrell A. Sullivan
ORB File No: 8161
Hearing held on: Monday, December 8, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Weinstein Members: Dr. L.O. Lightfoot Dr. R. Chandrasena Ms. C. Murray Ms. C. Plyley
Parties Appearing: Accused: Terrell A. Sullivan Counsel: Mr. R. Cunningham The person in charge of hospital: Counsel: Ms. J. Zamprogna Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DECISION
(Dated January 13, 2026)
Introduction:
On September 27, 2022, Mr. Terrell A. Sullivan was found not criminally responsible on account of mental disorder on charges of failure to appear or to comply with appearance notice, theft not exceeding five thousand dollars, mischief not exceeding five thousand dollars, and robbery while armed, all contrary to the Criminal Code of Canada (the "Criminal Code").
Mr. Sullivan is currently subject to a Detention Disposition of the Ontario Review Board (the "Board"), dated March 24, 2025, detaining him at the Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London ("Southwest" or the "hospital") with privileges up to and including living in the community of Elgin and Middlesex County in accommodation approved by the person in charge.
On December 8, 2025, a panel of the Board convened a hearing to review the restriction of Mr. Sullivan's liberty from July 24, 2025, to present.
Mr. Sullivan was present at the virtual hearing and represented by his lawyer, Mr. Robert Cunningham, throughout.
The Restriction of Liberty (ROL) report dated November 10, 2025, was entered as Exhibit 1.
The issue at the hearing was whether the hospital's decision to increase the restrictions on Mr. Sullivan's liberty was the least restrictive and least onerous intervention available in the circumstances both at the time of its onset on July 24, 2025, and throughout its duration up to the date of this hearing.
For the reasons outlined below, the Board finds that the restriction of Mr. Sullivan's liberty was necessary and appropriate, and represented the least onerous and least restrictive measure at the time it was imposed through to the date of this hearing.
Positions of the Parties
At the outset of the hearing the parties were canvassed as to their positions. Counsel for the hospital, supported by counsel for the Attorney General, submitted that the initial restriction of liberty commencing July 24, 2025, was necessary and appropriate; it represented the least onerous and least restrictive measure at the time it was imposed, and it continued to be so up to the date of this hearing.
Counsel for Mr. Sullivan did not contest the restrictions imposed on his client's liberties. Mr. Sullivan confirmed that there was joint position.
All counsel agreed to consider the fluctuating changes in the privilege levels of Mr. Sullivan commencing July 24, 2025, and continuing, with frequent liberty variations, through to the date of this hearing, as one restriction of liberty.
Restriction of Liberty
Prior to the initial restriction, Mr. Sullivan was exercising Level 6 privileges, which included full hospital and grounds privileges indirectly supervised.
A Restriction of Liberty (ROL) Notice Letter dated August 22, 2025, provided the rationale for the initial restriction of liberty commencing July 24, 2025. On July 24, 2025, staff observed Mr. Sullivan receiving a package thrown over the main courtyard fence by a minor who exited from Mr. Sullivan's intimate partner's vehicle. The package contained magic mushrooms and two vapes. As a result, Mr. Sullivan's privileges were revoked, and he was demoted to Level 0 privileges (no independent privileges) on the same day. By July 29, 2025, Mr. Sullivan achieved Level 3 privileges (full in-hospital privileges and staff-escorted access into the community).
The ROL report stated that Mr. Sullivan tested positive for amphetamines on July 31, 2025. His privilege level was again reduced to level 0. On August 1, 2025, Mr. Sullivan was moved to the open seclusion room in an attempt to mitigate further access to substances and tampering of urine samples. Despite this measure being taken, Mr. Sullivan's urine samples remained positive for amphetamines until August 10, 2025. His access to his room was restricted until August 10, 2025.
In September 2025, Mr. Sullivan again achieved Level 3 privileges.
On October 9, 2025, Mr. Sullivan eloped during a staff accompanied outing into St. Thomas. Police located him in Chatham and returned him to hospital on October 11, 2025. As a result, Mr. Sullivan's privilege level was reduced to level 0. His privilege level again gradually increased until his seclusion on October 24 to October 27, 2025, when his privilege level was again reduced to level 0. The ROL report notes that Mr. Sullivan required seclusion on October 24, 2025, due to an incident where he and his co-peers were attempting to exchange items from their balconies. Mr. Sullivan was dismissive of staff and was yelling at them. He would not enter seclusion or cooperate. Therefore, a planned intervention was initiated.
Mr. Sullivan tested positive for amphetamines on November 2, 4, and 5. He was placed in a room with constant observation.
The ROL report highlights a further seclusion on November 7, 2025, due to agitation and aggression. This seclusion ended on November 9, 2025.
Mr. Sullivan remains on level 0 privileges at the time of the hearing.
Oral Evidence at the Hearing
Dr. Ardani provided oral evidence at the hearing. Dr. Ardani testified that Mr. Sullivan develops paranoia with substance use. There is a direct connection between Mr. Sullivan's substance use and his threat to public safety.
Dr. Ardani stated that in August 2025, Mr. Sullivan requested to discontinue medications. Mr. Sullivan advised Dr. Ardani that he did not believe he had a primary psychotic illness and that his historical psychotic events were drug-induced. Dr. Ardani explained to Mr. Sullivan the possible consequences of this decision and Mr. Sullivan wished to proceed with the trial off medications. Mr. Sullivan continues to remain off medication for his bipolar disorder as of the date of this hearing.
To determine if Mr. Sullivan's psychosis is substance-induced or a primary illness, Mr. Sullivan will need to be off medication for a year. Without medication, the risk of relapse for an individual with a Bipolar 1 Disorder illness is 90 percent in the first year. If Mr. Sullivan remains symptom-free for a year while remaining substance free and medication free, then Dr. Ardani would conclude that Mr. Sullivan likely does not suffer from a primary psychosis but rather a substance-induced psychosis. Mr. Sullivan will need to remain substance free for the full year to receive clarity of his diagnosis.
Despite being on the assessment unit, Mr. Sullivan still managed to obtain substances from prior hiding spots in personal electronic devices. Each time he relapses to the use of substances, the clock must be reset on the one-year medication free period to determine if he has a primary or secondary psychosis.
Since July 2025, the maximum level of privileges Mr. Sullivan has reached is level 3. Despite being on the assessment unit, exceptions are being made for Mr. Sullivan to receive conditional passes to unit A3 to have access to his child. If he continues to use these passes appropriately, then he will be entitled for a transfer to a treatment unit or rehabilitation unit.
Analysis and Conclusion
The Board finds that a significant increase in the restriction on Mr. Sullivan's liberty has taken place, pursuant to the factors set out in the decision of the Ontario Court of Appeal in R v MLC (2010 ONCA 843), as well as Regina v Campbell (2018 ONCA 141). Prior to the restriction of liberty on July 24, 2025, Mr. Sullivan had been exercising Level 6 privileges. The reduction of liberties to Level 0 is a significant departure from his liberty norm to which he had become accustomed. His privilege level has varied since July 24, 2025. He has had two seclusions during this period of restrictions. He remains at a Level 0 privilege level with conditional passes, which continues to be a significant departure from his liberty norm to which he had become accustomed prior to the initial restriction.
The restriction of liberty arose as a result of Mr. Sullivan's receipt of substances thrown over the fence to him by a child. Involving a child in this activity is particularly heinous. As a result of his actions, Children's Aid Society (CAS) was notified of the involvement of a child in this activity. Also, Mr. Sullivan's in-person meetings with his partner were suspended. It is reasonable that his privileges were reduced to Level 0 at that time.
Each time Mr. Sullivan began to build his privilege level, he engaged in behaviours that warranted a reduction in his privilege level. It is noteworthy that on July 29, 2025, even though Mr. Sullivan continued to access, use and sell substances while on Level 0, the hospital took steps to increase Mr. Sullivan's privileges to Level 3 (full hospital privileges) to provide him with an opportunity to attend programs to help him cope with the death of his dog.
Mr. Sullivan continued to test positive for amphetamines until August 10, 2025. Around this date, Mr. Sullivan expressed his wish to have a trial off medications to determine if he has a primary or secondary psychotic illness. Dr. Ardani advised Mr. Sullivan of the possible consequences including the possibility that a trial off medication may lead to decompensation and a resurgence of his psychotic illness. Nonetheless, Mr. Sullivan wished to proceed. This trial off medication is the reason that the restrictions of Mr. Sullivan's liberty continue at this time. He must be substance free for a year (with no psychotic symptoms) during the trial off medications. It is clear from the repeated incidents of relapse to substances that Mr. Sullivan would likely not be able to abstain without ongoing restrictions of his liberty.
The hospital is taking steps to grant appropriate exceptions to provide greater liberties than the norm on the unit on which Mr. Sullivan resides. If he continues to use these exceptional passes appropriately, he will be eligible for a transfer to a treatment or rehabilitation unit where he will have increased liberties.
The Board accepts the joint submission that the restriction of Mr. Sullivan's liberty from July 24, 2025, to present was necessary and appropriate; it represented the least onerous and least restrictive measure at the time it was imposed, and it continued to be so up to the date of this hearing.
DATED this 13th day of January 2026, at the City of Toronto, in the Region of Toronto.
Ms. C. Murray Legal Member Office of the Registrar Ontario Review Board