Re: Jacob Fiddler
ORB File No: 8543
Hearing held on: Monday, December 8, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. A. Chaimowitz Dr. G. Eayrs Hon. E. Kruzick Mr. S. Duffy
Parties Appearing:
Accused: Jacob Fiddler Counsel: Mr. U. Agostino
The Person in charge of Hospital: Representative: Dr. P. Schubert
Attorney General of Ontario: Counsel: Ms. T. Boisvert
REASONS FOR DISPOSITION
(Dated January 14, 2026)
On April 5, 2024, Mr. Justice Valente found Mr. Fiddler to be unfit to stand trial in relation to two separate charges.
Mr. Fiddler is currently subject to a disposition of Ontario Review Board dated June 18, 2024. That panel found Mr. Fiddler to be unfit to stand trial and directed that Mr. Fiddler be detained at the Secure Forensic Unit of the Thunder Bay Regional Health Sciences Centre (“the hospital”) with a number of prohibitions and privileges. That disposition also permitted Mr. Fiddler to live in the community of northwestern Ontario in a 24-hour a day supervised accommodation approved by the person in charge.
On Monday Dec 8, 2025, the Ontario Review Board convened a hearing at the hospital and conducted the review of Mr. Fiddler’s disposition.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendation to the Board.
Dr. Schubert appeared for the hospital. He advised of the hospital’s position that Mr. Fiddler is permanently unfit and no longer represents a significant threat to public safety. Accordingly, the hospital was asking the Board for a disposition detaining Mr. Fiddler in a 24-hour a day supervised accommodation approved by the person in charge to anywhere in the province of Ontario.
The hospital is also asking that the Board make a recommendation to the court pursuant to s. 672.85(1) that the outstanding charges be stayed.
Ms. Boisvert appeared for the Attorney General. Ms. Boisvert indicated that she had questions on the issue of significant threat and preferred to defer advising of the Crown's position.
Mr. Agostino appeared for Mr. Fiddler. Mr. Agostino supported the hospital’s recommendation entirely.
We note that Mr. Fiddler participated in this hearing via videoconference. We believe that Mr. Fiddler was in fact in his current supervised residence.
Outstanding Charges:
- The allegations giving rise to the outstanding charges are set out in the Hospital Report dated November 26, 2025, as follows:
“On May 15, 2023, at 1307 hours, Constable Brett WOLFRAME #4126 was dispatched to attend the location of 300 Lillie Street, North, Hogarth Manor, regarding a assault. While en route to this location, Communications Centre advised that a male resident of Hogarth Manor named Jacob FIDDLER had assaulted a female resident named Nicole BILSTAD.
Furthermore, Communications Centre indicated that the victim, BILSTAD, was currently with nursing staff.
On May 15, 2023, at 1311 hours, Constable WOLFRAME arrived at 300 Lillie Street North.
Upon arrival, Constable WOLFRAME spoke with a staff member, Jonathon RIABOV, who was currently with the accused, FIDDLER, outside of the main entrance. RIABOV stated that FIDDLER had pushed the victim, BILSTAD, to the ground and that BILSTAD was currently inside Hogarth Manor with other staff members.
Constable WOLFRAME proceeded inside to speak with BILSTAD about the events that transpired. BILSTAD informed Constable WOLFRAME that she was returning to the manor and that there were three males in wheelchairs blocking the entranceway, therefore, she requested the male who was directly in her pathway, that being FIDDLER, to move. BILSTAD continued by stating that after she requested the male to move, he aggressively grabbed her jacket and threw her to the ground. Constable WOLFRAME inquired with BILSTAD if the male made any threats towards her to which she replied, “no.” BILSTAD advised that she did not have any significant injuries, but her head was sore from hitting it on the pavement. BILSTAD stated that FIDDLER was not known to her aside from the fact that she was aware he was a resident at the Manor.
Constable WOLFRAME reattended inside to receive a notebook statement from BILSTAD as Constable WOLFRAME was informed that a written witness statement would be difficult for BILSTAD to complete. While obtaining the notebook statement, BILSTAD added that not only was she thrown to the ground, but was also punched in the face by FIDDLER which caused her to fall to the ground. Constable WOLFRAME questioned BILSTAD about the punches as she did not initially state that he had hit her, to which she believed she did inform Constable WOLFRAME of the punches. BILSTAD advised that FIDDLER utilized his right hand to grab her jacket and delivered punches with his left hand. Constable WOLFRAME did not note any bruising or markups on BILSTAD’s face. BILSTAD indicated that the assault ended when she fell onto the pavement as FIDDLER remained in his wheelchair and was unable to strike her and in addition, staff running out to intervene. At 1805 hours, Constable WOLFRAME arrested FIDDLER. At 1806 hours, Constable WOLFRAME provided FIDDLER with his Rights to Counsel and a Police Caution verbatim from his police issued notebook. FIDDLER indicated he understood. At 1807 hours, Constable WOLFRAME released FIDDLER on an Undertaking with conditions to keep the peace and be of good behaviour towards BILSTAD.
On June 20, 2023, at 1820 hours, Jacob FIDDLER grabbed Afua NINAKO by the collar and pulled her outside FIDDLER’s room at Hogarth Riverview Manor.
On June 20, 2023, at 1820 hours, Afua NINAKO while working at Hogarth Riverview Manor, located at 300 Lillie Street North, saw a co-worker having problems with Jacob FIDDLER. Upon reaching FIDDLER, NINAKO was grabbed by the collar and pulled repeatedly. FIDDLER used his left hand to grab NINAKO. FIDDLER who was refusing to go back to his room was eventually placed back in his room. FIDDLER is in long term care at Hogarth Riverview Manor.”
Evidence at Hearing:
- The Board admitted into evidence the hospital report dated November 26, 2025. The hospital reports provide a great deal of information concerning Mr. Fiddler, his personal history, his mental health history, details of prior criminal convictions, and Mr. Fiddler’s course in hospital subsequent to the finding of unfitness. As the hospital report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the hospital report in these reasons. We do note, however, the stated diagnoses of:
Intellectual Disability – mild
Schizophrenia
Alcohol Use Disorder in remission
In addition to the documentary evidence, the Board heard from Dr. Schubert. Dr. Schubert first pointed out that Mr. Fiddler was returned to the Hogarth Riverview Manor transitional care unit. He moved there from the hospital on August 29, 2025. Dr. Schubert clarified that Mr. Fiddler is now being detained in a different and more secure unit as compared to the unit where the index offences took place.
Dr. Schubert advised that the hospital proposes a change in the disposition which would allow Mr. Fiddler to move to a 24-hour supervised accommodation anywhere in the province of Ontario.
Dr. Schubert acknowledged that Mr. Fiddler has a history of assaultive conduct. There have been assaults both in the community, in the hospital, and in a long-term care facility.
Dr. Schubert noted that on April 12, 2025, Mr. Fiddler was found in an unresponsive state in his room at Hogarth Riverview Manor. Mr. Fiddler was resuscitated and transferred to the intensive care unit, where he remained for approximately two weeks. As a result, Mr. Fiddler lost most of his ability to use his left arm and there was also significant impairment of his left leg. Dr. Schubert is satisfied that there were brain injuries that occurred at that time.
These injuries have affected Mr. Fiddler’s ability to act out in an aggressive and/or assaultive manner. Dr. Schubert repeated that Mr. Fiddler has no use of his left arm and very limited use of his left leg. Dr. Schubert noted that Mr. Fiddler requires full time care.
Dr. Schubert confirmed that following the April 12th incident, Mr. Fiddler has not acted out in an aggressive fashion. Dr. Schubert reported that once or twice Mr. Fiddler has “swatted away” staff, but the staff are now well aware of Mr. Fiddler’s sensitivities when they help him with certain hygienic issues.
In response to questions from a panel member, Dr. Schubert noted that Mr. Fiddler does not bite and does not kick. Dr. Schubert noted that Mr. Fiddler’s physical capacities will not improve.
The hospital, accordingly, is asking this panel to return the charges to court so that the court can consider whether this is an appropriate case for the charges to be stayed.
Ms. Boisvert was kind enough to advise the panel that currently Mr. Fiddler faces two additional charges. Ms. Boisvert advises that one of those charges has in fact already been stayed and she anticipates that the second charge will be stayed in the near future.
No other evidence was heard at this hearing.
Final Submissions:
- The parties ended up recommending jointly that Mr. Fiddler is permanently unfit and no longer represents a significant threat to public safety. The parties jointly recommend that the charges before the Review Board be returned to court for the court to consider granting a stay.
Findings of the Board:
The Board accepts without reservation the evidence given by Dr. Schubert and the evidence contained in the hospital report. The Board accepts that the parties’ joint recommendation is well founded. We accept that Mr. Fiddler is permanently unfit. We accept that he no longer represents a significant threat to public safety. We are mindful of the significant decline in Mr. Fiddler’s physical capacities.
In the result, the Board will continue with a Detention Order disposition permitting Mr. Fiddler to live in the community of Ontario in 24-hour supervised accommodation approved by the person in charge. The panel will also direct that this matter be returned to court for the court to consider whether it is appropriate to have the charges stayed.
In reaching our disposition, the Board has taken into consideration the safety of the public, Mr. Fiddler’s mental condition, his other needs, and his potential reintegration into society.
DATED this 14th day of January 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg
Alternate Chairperson
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Office of the Registrar
Ontario Review Board