Re: Robert Wauboose Land
ORB File No: 7948
Hearing held on: Tuesday, December 9, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(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: Robert W. Land Counsel: Mr. C. Dobson
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated January 13, 2026)
Introduction:
On September 8, 2021, Mr. Robert Land was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault, assaulting a police officer (x2), assault with intent to resist arrest, and assault police officer causing bodily harm, all contrary to the Criminal Code of Canada (the “Criminal Code”).
On December 9, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Land’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Land was subject to a Detention Disposition with outer limits of privileges including, “to live in the community of Southwestern Ontario in an accommodation approved by the person in charge”.
Mr. Land was present at the hearing. He was represented by counsel, Mr. Christopher Dobson, throughout the proceedings. He was supported at the hearing by Gladue writer, Sara Spencer. Ms. Spencer prepared Mr. Land’s seating area at the hearing with sacred indigenous articles, including an eagle feather, which Ms. Spencer explained is used in court settings as a symbol of truth.
A Hospital Report dated October 9, 2025, was entered as Exhibit 1. A Gladue Report authored by Sara Spencer dated December 7, 2025, was entered as Exhibit 2.
The issues to be determined are whether Mr. Land continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Land continues to represent a significant threat to the safety of the public. The Board finds that a continuation of the Detention Disposition at the Southwest Centre for Forensic Mental Health Care (“Southwest” or “the hospital”), with amendments to the community living clause, is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Land’s mental health, reintegration into society, culture, and his other needs.
Current Psychiatric Diagnoses
- Schizophrenia;
Substance Use Disorder (in remission in a controlled environment); and
Panic Disorder
Position of the Parties
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, represented by Ms. J. Zamprogna, supported by counsel for the Attorney General, Mr. Rows, took the position that Mr. Land continues to represent a significant threat to the public and the necessary and appropriate Disposition is a Detention Order on the same terms as last year, with changes to term 2(f) to include the word “residential” before “drug and alcohol rehabilitation treatment program”.
Counsel for Mr. Land conceded significant threat and supported the hospital’s position. He acknowledged that there is a joint recommendation with respect to the issues at this hearing, including the recommended amendment to the Disposition.
The Board canvassed with the parties the wording of the community living clause in light of the conclusions in the Gladue Report. All parties were satisfied that any community living clause should specify living in the community of Southwestern Ontario in culturally relevant indigenous-based supervised accommodations, if and when available, approved by the person in charge.
Index Offences
- The Hospital Report contains a detailed description of the index offences. The offences are briefly summarized as follows:
On June 17, 2021, Mr. Land was in a parking lot on Wellington Street in London, Ontario. He threw a rock at a parked car causing the window to break. He walked into a Dollar Tree store, acting erratically. He was approached by a police officer who requested Mr. Land leave the store. Mr. Land spit in the eyes of the officer and departed. Police followed Mr. Land to an intersection and activated their lights. Mr. Land threw his belongings, undressed at the intersection, and jumped forward causing a dent to the police cruiser hood. As police gained control of Mr. Land and put him in the cruiser, Mr. Land continued to spit on the officers. Mr. Land was charged and released on an undertaking.
On June 19, 2021, the victim, who was unknown to Mr. Land, was walking southbound on a sidewalk on Richmond Street in London, Ontario. Mr. Land was walking northbound on the same sidewalk. As Mr. Land walked past the victim he punched the victim in the forehead, unprovoked. Mr. Land continued walking northbound as the victim called 911.
On June 22, 2021, Mr. Land banged on the window of a bank while screaming. Police attended. While attempting to arrest him on an unrelated warrant, Mr. Land made fists and spit in the direction of two officers. Mr. Land punched one officer in the nose, resulting in a broken nose and concussion. The officers called for assistance. Mr. Land continued to spit as he was escorted into the back of the police vehicle.
Background and History
The Hospital Report contains extensive information regarding Mr. Land’s background and history, the entirety of which need not be repeated here in detail. Briefly, Mr. Land is a 40-year-old man of Indigenous heritage. Prior to his arrest Mr. Land had no fixed address.
Mr. Land has a lengthy criminal history. He has over 50 convictions for various offences including violent offences, some of which include assault police officer (x14), arson causing damage to property, assault (x3), and assault with a weapon.
Mr. Land has a significant substance use history. He began to smoke cannabis in grade 9. He has used cocaine, Psilocybin, crack cocaine, and crystal methamphetamine. He denies intravenous drug use.
Mr. Land’s past psychiatric history is detailed in the Hospital Report. Briefly, he first experienced mental health struggles in elementary school. He described “once in a while…I would hear something”. In high school he experienced worsening auditory hallucinations. He was admitted to the Royal Ottawa Mental Health Centre (“Royal Ottawa”) at the age of 16 due to hearing voices. He went on to have several admissions to Royal Ottawa with the longest admission being for a few months.
Course Since Last Disposition
The Hospital Report provides information regarding Mr. Land’s course in hospital since his last Disposition.
Mr. Land’s mental disorder did not respond to the first-line antipsychotic medications. Therefore, he was started on clozapine. Over the reporting period he has continued to have positive symptoms of schizophrenia, including auditory hallucinations, delusional thinking and disorganization. However, with the benefit of ongoing clozapine treatment, there has been gradual improvement of the positive symptoms.
Mr. Land reported vivid dreams at the beginning of the reporting period, which were attributable to the commencement of sertraline (to assist with his panic disorder). Therefore, terazosin was added to his medication regimen to reduce the side-effects of sertraline. Mr. Land has not reported difficulties sleeping since starting terazosin.
Mr. Land is capable of making psychiatric treatment decisions. He has been adherent to his medication regimen.
Over the reporting year, Mr. Land was assessed by the hospital’s psychology team regarding his intellectual ability and adaptive functioning. His overall cognitive abilities, including working memory and processing speed, were found to be in the low range. This notable area of weakness was evident when he used his passes in the community (i.e., he missed the van for outings, changed his mind about where he wanted to go during outings, or missed the outing altogether).
Mr. Land reported regular cravings for substances. On May 13, 2025, Mr. Land’s urine sample, while he had access to the community, returned positive for cannabis. He denied using substances and attributed the positive result to mistakenly smoking butts off the street that contained cannabis. His privileges were reduced to level 0. His privileges were returned on May 26, 2025, once he had two negative urine screens.
Mr. Land attends Alcoholics Anonymous in an inpatient setting and Celebrate Recovery in the community on a regular basis. He will be receiving his 2-year sobriety chip at Celebrate Recovery. He is open to Canadian Mental Health Association Thames Valley (“CMHATV”) support. A referral to Rainbow Lodge – Ngwaagan Gaming Recovery Centre will be completed. This treatment program offers culturally relevant services.
Mr. Land was referred to Southwestern Ontario Aboriginal Health Access Centre (“SOAHAC”) for addictions counselling. The waitlist is lengthy for these services.
In June 2025, Mr. Land was informed that he is deemed eligible for Passport Funding through Developmental Services Ontario (“DSO”).
Mr. Land applied for a class action lawsuit through the Mercury Poisoning Board on March 25, 2025. Mr. Land is deemed eligible for this fund as the water on the Wabaseemoong reservation was contaminated with mercury during his childhood. His ODSP entitlements will not be impacted by the receipt of settlement funds.
Mr. Land does not have any Approved Persons.
Mr. Land’s insight into his index offence has improved this reporting year. He recently stated that he committed assault during his index offence, likely due to mental illness and substance use. He remains unable to appreciate all of the symptoms of schizophrenia that he has experienced. He has undeveloped insight into the need for treatment. He does not know what medications he is taking or how every medication helps with his mental disorder. He also has undeveloped insight into his risk of future violence. He is unable to explain how the emergence of symptoms of his mental disorder could lead to an increase in his risk of violence.
Oral Evidence at the Hearing
Dr. Amir Ardani, Mr. Land’s attending psychiatrist and signatory of the Hospital Report, provided oral evidence at the hearing.
Dr. Ardani testified that Mr. Land’s diagnoses should now include Other Specified Neurodevelopmental Disorder Due to Mercury Exposure.
Mr. Land’s mental status has remained stable over the past year, although he occasionally expresses delusional thoughts.
Mr. Land has partial insight into his mental illness. Historically, he has been unable to maintain insight when his mental state decompensates.
Mr. Land is adherent to medications. He has insight into his need for treatment.
Mr. Land’s medications are optimized. To his credit, Mr. Land quit smoking. If he resumes smoking cigarettes, his clozapine blood levels would be affected and this medication would have to be adjusted. Unregulated cigarettes may affect his clozapine blood levels more than regulated cigarettes. If he were to use unregulated cigarettes, his clozapine would need to be re-titrated.
Mr. Land has experienced an improvement in cognitive functioning. Most of the time he is now able to retain information that he learns in treatment programs.
Dr. Ardani testified that he was not confident that Mr. Land would be able to remain abstinent in the community at this time. Mr. Land has agreed to attend an addictions treatment program with an indigenous counsellor at CMHA. He has been referred to the Rainbow Lodge residential treatment program.
Mr. Land’s risk assessment has improved since last year. His risk is now low to moderate when under a Detention Disposition versus moderate last year.
Housing through Community Homes for Opportunity (CHO) in St. Thomas has become available. Mr. Land has lived in this group home before and has confirmed he would consider it for discharge planning in 2026. However, there are culturally relevant homes available, as set out in the Gladue Report, so Dr. Ardani and the treatment team intends to discuss whether he wants to wait for the culturally relevant housing.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the joint submissions from the parties, the Board independently finds that Mr. Land remains a significant threat to the safety of the public.
Mr. Land has schizophrenia and continues to experience ongoing positive and negative symptoms. He also suffers from substance use disorder (in remission in a controlled environment), and panic disorder. He continues to have undeveloped insight into his mental illnesses. He is able to identify his diagnoses and that he needs medication. However, he is unable to describe the symptoms of his mental disorder and unable to seek help for his symptoms were he to decompensate.
The risk assessment indicates that Mr. Land is a low risk to the safety of the public if managed in hospital on a Detention Disposition. If he were to reside in the community under a Detention Disposition, he would be a low to moderate risk. In the context of a more liberal disposition, Mr. Land’s risk to the public safety would be moderate to high.
Mr. Land has an extensive history of substance use and tested positive for cannabis over the reporting period. He will require significant ongoing support for his substance use disorder. Mr. Land has agreed to attend a residential treatment program, which will be a positive step forward in his recovery.
Mr. Land does not have professional psychiatric supports in the community. His professional supports are limited to the forensic system.
The Board is cognizant of Mr. Land’s violent index offences. Considering the ongoing symptoms of his illness, undeveloped insight, and significant substance use background, his risk of violence to the public continues to be significant.
The Board relies on the Re-Offence Scenario extracted from the Hospital Report as follows:
“Mr. Land’s symptoms of schizophrenia have not gone into remission. Mr. Land continues to experience residual symptoms of psychosis, including hallucinations, delusions, and disorganization. Absent forensic supervision and support, and due to his underdeveloped insight, Mr. Land will unlikely be able to arrange for taking his medications appropriately. He will be at risk of returning to the pattern of substance use due to his long history of substance use disorder and underdeveloped adaptive coping strategies. Medication non-adherence and substance use will exacerbate his current manifestations of psychosis. He would become increasingly delusional and identify innocent stimuli in the environment as threatening. This would result in him acting out violently in response to his delusional experiences and extreme impulsivity, similar to the time of the index offence, putting members of the public at risk.”
In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.
The Board agrees with and relies on the following excerpt from the Hospital Report in coming to its conclusion that a continuation of the Detention Order is necessary.
“The B1 treatment team recommends that Mr. Land be subjected to his current detention disposition, as the provisions of the Mental Health Act would not be sufficient to balance public safety. He currently experiences symptoms of his major mental illness and is unable to identify them. To mitigate the risk of violence to the public, the hospital requires a Warrant of Committal, which would allow Mr. Land to be brought back to the hospital in case of further decompensation of his mental illness, if he relapses into substance use, or any evidence of increased instability and impulsivity. Also, the hospital requires the ability to approve any potential community placements to ensure they offer a sufficient level of support and supervision to help mitigate the risk to the safety of the public.”
The Board finds that a Conditional Discharge would be insufficient to manage Mr. Land’s risk to the public for the reasons stated in the above.
We commend Mr. Land for the hard work he put into his recovery this reporting period and wish him the best for the coming year.
For the above reasons, the Board finds that the necessary and appropriate, least onerous and least restrictive disposition is a continuation of the Detention Disposition with an amendment to clause 2(g) as set out in our formal Disposition.
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