Re: Edward L. Brown
ORB File No: 8856
Hearing held on: Tuesday, December 9, 2025
Place of hearing: Thunder Bay Regional Sciences Centre
Pursuant to: 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. A. Chaimowitz
Dr. G. Eayrs
Mr. S. Duffy
Parties Appearing:
Accused: Edward L. Brown
Counsel: Ms. A. Gallo
The Person in charge of Hospital: Representative: Dr. R. Sheppard
Attorney General of Ontario: Counsel: Ms. R. Derouard
REASONS FOR DISPOSITION
(Dated January 14, 2026)
Introduction
On September 4, 2025, Edward L. Brown was found unfit to stand trial on charges of theft under $5,000 and break and enter set out in an information from August 2024, charges of failure to comply with undertaking (x2) related to October 23 and 24, 2023, a charge of theft under $5,000 relating to October 3, 2024, and finally, a charge of sexual assault relating to November 1, 2022. The trial judge directed that Mr. Brown be detained in the Kenora District Jail pending the initial hearing to be conducted by the Ontario Review Board and a disposition made.
Mr. Brown has been detained in the Kenora Jail to date.
On Tuesday, December 9, 2025, the Ontario Review Board convened a hearing and conducted the initial disposition hearing. Mr. Brown participated via videoconference from the Kenora Jail. Mr. Brown’s daughter participated via videoconference as well. Crown counsel Ms. Derouard participated by videoconference. Ms. Gallo, Mr. Brown’s lawyer, participated in person in the hearing room at the Thunder Bay Regional Health Sciences Centre (“the hospital”).
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations.
Dr. Sheppard appeared as the hospital’s representative. The hospital’s position is that at the present time, Mr. Brown is unfit to stand trial, and if the Board so finds, the hospital is recommending that Mr. Brown be detained at Thunder Bay Regional Health Sciences Centre with privileges up to and including living in the community in approved accommodation, a prohibition directing Mr. Brown not to use substances, and an obligation to provide samples.
Ms. Derouard anticipated supporting the hospital’s recommendation in its entirety.
Ms. Gallo also indicated her support for the hospital’s recommendation.
Outstanding Charges:
- The details of the outstanding charges are taken from the Hospital Reported dated November 27, 2025, as follows:
“October 12, 2023, Sexual Assault — S. 271 cc
At 3:15p.m., on October 9th, 2023, EM. called 911 from her residence in Zealand Township and requested to speak to an officer.
At 15:27, Provincial Constable CHEVRIER and MARTIN arrived at EM.'s. Police knocked on the door and it was eventually answered by the complainant, EM. EM. was emotional, depressed, and having a difficult time over an incident that occurred approximately one year previous. She eventually disclosed a male named Edward BROWN had "taken advantage of her" approximately Il months previous.
On October 12, 2023, EM. attended Dryden O.P.P. Detachment and provided an audio/video statement to P/C PHILLIPS detailing the following:
she met Edward BROWN in the summer of2022 and developed a friendship;
Edward BROWN invited her to his residence for drinks with friends Zealand Township in November of 2022
when she arrived he said his friends couldn't make it;
the two of them consumed alcoholic beverages to the point EM. was intoxicated and could no longer control her words;
BROWN and EM. went to the bedroom and BROWVN removed her clothes;
EM. froze and could not say anything but was screaming inside;
BROWN performed oral sex on EM. and penetrated her digitally;
E.M. was able to stop the sexual assault by saying she needed to go home;
E.M. returned home and was hysterical about what happened;
She has had several incidents of self-harm and has suffered tremendously since the sexual assault.
Edward BROWN is charged with one count of Sexual Assault contrary to s. 271 of the Criminal Code. He was released on an Undertaking with a First Appearance date of November 27, 2023, at 9:30 a.m. before Dryden Court.
October 30, 2023, Fail to Comply with Undertaking — S. 145(4)(a) cc (2 counts)
On the 30 October 2023 at ShadyLane, Wabigoon, ONat 8.•18p.m., Edward BROWN was arrested and charged. EDWARD BROWN was identified by Niche photograph
Failure to comply with undertaking
On 24 October 2023, PC P. PHILLIPS #15229 received a text message from EM. indicated that Edward BROWN had tried to contact her. EM. included a screenshot of her call history that showed a blocked call from "BROWN E" with a phone number of 1-807-938-2359. BROWN was on an Undertaking (Form 10) signed on the 12 October 2023 by BROWN and PC B. GAUTHIER #16668 with the condition not to communicate direct or indirectly with EM.
Failure to comply with undertaking
EM. texted PC P. PHILLIPS #15229 a second time on 24 October 2023, indicated that her grandmother had informed her that she had found handwritten notes from Edward BROWN on their door step. On 29 October 2023, police attended EM.'s residence and spoke with her grandmother, L.K., who advised she had found two notes in the handwritten and signed by Edward BROWN. L.K. could not recall when she found the first note or what it said. The second note, L.K. said she found in the last week on the door step. Police obtained the note for evidence.
BROWN was on the same Undertaking (Form 10) as mentioned above. Edward BROWN was held for bail court on 31 October 2023 out of Kenora to answer to the charges.
August 24, 2024, Theft Under S. 334(b) cc, Break, Enter and Commit — S. 348(1)(b)
On Monday the 26th of August 2024 at approximately 05:30 PM, Dryden OPP were dispatched to a theft call not in progress. The complainant, Geoffrey LOUTTIT, advised that he has a footage of his neighbour, Edward "Ed" BROWN, stealing from his garage. LOU7TIT previously reported that BROW'N keeps going into his garage without LOUITIT knowing. A previous, similar, occurrence state that BROWN stole a number of LOUTTIT's property from his garage but LOUTTIT did not have any footage to prove it. EDWARD BROWN was Known to Police.
CC 3340) Theft Under $5000
On Saturday afternoon, the 24th of August 2024, BROWN entered LOUTTIT's garage and took LOUTTIT's bottle of alcohol and pack of cigarettes while LOUTTIT was away from his garage.
CC Break, Enter a place - commit indictable offence
On Saturday afternoon, the 24th of August 2024, BROWN entered LOUTTIT's garage and took LOUTTIT's bottle of alcohol and pack of cigarettes while LOUTTIT was away from his garage.
October 9, 2024, Theft Under $5000 S. 334(b) cc
Edward BROWN currently has a warrant for his arrest for break and enter charges from the year 2024. Dryden Ontario Provincial Police (OPP) have made several attempts to locate and speak with BROWN including attending his last known address in Wabigoon without success.
On the 9th of October 2024, the Dryden OPP received an information regarding Edward BROWN stealing a blue bike that was parked at the Wabigoon Metis Cultural Centre Rd, Zealand Township). The incident was captured on the 3rd of October 2024 and was later reported by one of the staff at the centre.
The bike was since returned after BROWN was confronted by the complainant, but the victim wanted to proceed with charges.”
Evidence at the Hearing:
The Board admitted into evidence the report of Dr. Kravtsenyuk dated August 24, 2025, and the report of Dr. Sheppard dated November 27, 2025. As the hospital reports were made exhibits to this hearing and provide a great deal of information concerning Mr. Edwards, his personal history, his mental health history, and details of the outstanding charges it is not necessary to reproduce the information contained in the hospital report in these reasons.
In addition to the hospital reports, the Board heard from Dr. Sheppard. Dr. Sheppard noted that Mr. Brown is “probably unfit to stand trial.” His opinion clarified to unfit to stand trial. Dr. Sheppard has examined Mr. Brown for fitness on two occasions, both of which were conducted via videoconference.
After the first meeting, Dr. Sheppard opined that Mr. Brown was unfit but was close to becoming fit for trial. That first interview was conducted on November the 27, 2025. The doctor had a second videoconference with Mr. Brown on or about December 4, 2025. After that interview, Dr. Sheppard concluded that Mr. Brown was still unfit to stand trial, and he was concerned that it may take a longer amount of time for Mr. Brown to become fit to stand trial.
Dr. Sheppard fairly noted that Mr. Brown knows the outstanding charges and also knows about the role of the judge and his lawyer. Dr. Sheppard was concerned that notwithstanding the above, Mr. Brown simply could not meaningfully participate in a trial of these outstanding issues.
Dr. Sheppard noted that Mr. Brown has been detained in jail for approximately 11 months. If the Board agrees that Mr. Brown is unfit, the doctor is asking for a Detention Order at the hospital with privileges up to living in the community in approved accommodation and with a prohibition against the use of substances and an obligation to provide samples.
Dr. Sheppard noted that Mr. Brown has been treated with Olanzapine on different occasions and with different dosages. Apparently, Mr. Brown is currently receiving 20 milligrams of Olanzapine daily.
Dr. Sheppard is hopeful that upon admission to hospital, there would be more opportunity for the clinical team to assist Mr. Brown in becoming fit to stand trial. In response to questions from defence counsel, Dr. Sheppard agreed that with additional coaching, Mr. Brown could become fit to stand trial.
In response to a question from the Alternate Chair, Dr. Sheppard acknowledged that there is a waiting list for beds at the hospital, but that he would give priority to Mr. Brown’s admission given that he has spent the last 11 months in jail.
No other evidence was heard at this hearing.
Final Submissions:
Dr. Sheppard repeated his opinion that at the present time, Mr. Brown is unfit to stand trial, and that he should be subject to a Detention Order and that hopefully he would become fit to stand trial.
Ms. Derouard agreed with Dr. Sheppard’s submissions.
Ms. Gallo also agreed with Dr. Sheppard’s submissions.
Findings of the Board:
The Board accepts Dr. Sheppard’s evidence, and the evidence contained in the hospital reports. In particular, we accept that at the present time, Mr. Brown is unfit to stand trial. We note that Mr. Brown was found unfit in court, and accordingly, there is no longer a presumption of fitness.
The panel agrees that a Detention Order at the hospital is both necessary and appropriate. The panel agrees with the term for privileges up to community living in approved accommodation. We accept Dr. Sheppard’s opinion that should the Board grant community living privileges, which permits the hospital to grant all of the usual underlying privileges without the need to specify them.
The issue of contact prohibition was raised. The Board will include a no contact provision either directly or indirectly with EM. and L.K.
In reaching our decision, the Board has taken into consideration the safety of the public, Mr. Brown’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
Office of the Registrar
Ontario Review Board