Re: William J. Power, 2026 CanLII 2107

Re: William J. Power

ORB File No: 7945

Hearing held on: Thursday, December 11, 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: William J. Power Counsel: Ms. N.C. Circelli

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:

1. On September 20, 2021, Mr. William J. Power was found not criminally responsible on account of mental disorder (“NCR”) on charges of breaking and entering (committing), assault causing bodily harm, assault with a weapon, and utter a threat to cause death or bodily harm, all contrary to the Criminal Code of Canada (the “Criminal Code”).

2. On December 11, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Power’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Power was subject to a Detention Disposition with outer limits of privileges including living in the community of Southwestern Ontario in an accommodation approved by the person in charge.

3. Mr. Power was present at the hearing. He was represented by counsel, Ms. Nicola Circelli, throughout the proceedings.

4. A Hospital Report dated October 10, 2025, was entered as Exhibit 1. The Victim Impact Statement of the victim, identified herein as G.C., was entered as Exhibit 2.

5. The issues to be determined are whether Mr. Power 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.

6. For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Power continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition at the Southwest Centre for Forensic Mental Health Care (“Southwest” or “the hospital”) with amendments recommended by the hospital 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. Power’s mental health, reintegration into society, and his other needs.

Current Psychiatric Diagnoses

7. Schizophrenia;

Cannabis Use Disorder (in remission); and

Learning Disorder

Position of the Parties

8. 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. Power continues to represent a significant threat to the public and the necessary and appropriate Disposition is a Detention Order with the same terms as last year, with changes as follows:

• clause 2(h) - delete “up to 12 times per year”;

• a removal of clause 4(a) (the abstain clause) to further test Mr. Power’s ability to abstain from substances while in the community; and

• delete “up to 12 times per year” from clause 2(h).

9. Counsel for Mr. Power conceded significant threat and supported the hospital’s position. She acknowledged that there is a joint recommendation with respect to the issues at this hearing.

Index Offences

10. The Hospital Report contains a detailed description of the index offences. The offences are briefly summarized as follows:

On May 27, 2021, shortly before midnight, Mr. Power broke into the Sarnia residence of the female victim. Mr. Power punched and struck the victim beating her down to the floor. He continued to strike her on the head and kicked her body. Mr. Power then hit the victim repeatedly in the head with a vase. Mr. Power struck the victim with a lamp base. The victim struggled and broke Mr. Power's glasses. He punched the victim in the face and drove a thumb into her eye. He attempted to smother her with a pillow. Neighbours contacted police. Police used a taser on Mr. Power three times as he continued to attack the victim. The taser had little effect. He was eventually subdued by four police officers.

The victim suffered significant blood loss from her head, swollen and bleeding eye, fractured nose, and multiple bruises.

Background and History

11. The Hospital Report contains extensive information regarding Mr. Power’s background and history, the entirety of which need not be repeated here in detail. Briefly, Mr. Power is a 36-year-old single man born in London, Ontario. He moved to Sarnia 20 years ago with his mother. He has a grade 12 education. Mr. Power has worked in restaurants, a retirement home (for almost two years), a kitchen in a local hotel, and at his parents’ business for about 10 years.

12. Mr. Power does not have a prior criminal record.

13. Mr. Power started using cannabis at age 14. He reported increasing use including seven grams a day for “at least six months” before his arrest. He reported to Dr. Komer that cannabis made him feel paranoid, have an altered state of mind, think differently, hear voices, see things, have mood changes and have panic attacks. Mr. Power endorsed using “five grams or eight to ten grams of cannabis” the day of the index offences until about one-half hour prior to the offences. He reported that he was “stoned”, “high on marijuana”, “tripping out a lot on marijuana” and that it was “the highest I’ve ever been”. Mr. Power’s mother confirmed that Mr. Power had been using an increased amount of cannabis in the months leading up to the index offences and he had been more openly smoking it in the house for a few years prior.

14. Mr. Power’s mother reported that he had been paranoid and experiencing auditory hallucinations for ten years prior to the offences. He was undiagnosed, unwilling to see a physician, and he denied having mental health issues. Mr. Power’s mother confirmed that two to three months before his admission following the offences, his symptoms worsened and were no longer manageable. She described Mr. Power as hyperactive, hooting, hollering, laughing to himself, and hopping up and down. A week before his arrest, he became increasingly agitated and angry. He had been obsessed with a woman he did not know, who he discovered on Facebook a year prior to the arrest. The excerpts of Dr. Komer’s NCR Report in the Hospital Report note, “It was believed that Mr. Power fixated on the victim’s residence because he believed it was the residence of the female, he was seeking on Facebook.” Two days before the arrest, Mr. Power had an outburst of anger and rage, resulting in his mother calling the police. At that time, the police did not find grounds to apprehend him under the Mental Health Act.

Course Since Last Disposition

15. The Hospital Report provides information regarding Mr. Power’s course in hospital since his last Disposition.

16. Mr. Power resided in the community in a residence in St. Thomas, managed and operated by Indwell. The residence is semi-supported 24-hour indirectly supervised independent living, which includes nursing, addiction support services, transitional occupational services, and housing support staff. One meal is provided daily and tenants may reside at Indwell for up to four years.

17. Mr. Power is capable of making psychiatric treatment decisions.

18. This reporting year Mr. Power required one admission to hospital from August 20, 2025, to August 27, 2025, due to a decline in his mental status. Just prior to his admission he was noted to demonstrate signs of auditory hallucinations, and he was experiencing thought disturbances and bizarre behaviours. Mr. Power agreed to voluntarily admit himself to hospital for further assessment. While in hospital, he reported paranoid thoughts. As a result, olanzapine was increased. Haldol (PRN), Ativan (PRN), Bromocriptine and Metformin were added to his medication regimen. He returned to his residence on a leave of absence (LOA) from hospital with weekly assessments from Dr. Prakash. On September 26, 2025, Mr. Power was discharged from his LOA.

19. On September 30, 2025, Mr. Power demonstrated mental fragility including increased anxiety, did not attend dinners at Indwell, and, at times, spoke loudly and rapidly. He denied these symptoms. His prescription of Bromocriptine was stopped and he was provided with PRNs of Haldol and Ativan.

20. Throughout the reporting year, Mr. Power experienced negative symptoms of his mental illness including social withdrawal and low motivation. He demonstrated poor insight into the impact of his isolative behaviours.

21. Mr. Power felt strongly that cannabis use was the contributing factor to the offence and he felt his “judgement would have been more clear if not using.” Mr. Power demonstrated partial insight into his mental illness. In particular, he was unable to identify signs of decompensation. Mr. Power demonstrated fluctuating insight into his need for treatment. On September 12, 2025, Mr. Power denied being at risk for violence/re-offence if he was on medication. He consistently minimized the impact of his illness and symptoms. Mr. Power has good insight into his substance use issues. He agreed that continued abstinence from substances minimizes his risk of violence and re-offence. All urine drug screens have been negative for substances this reporting period.

Oral Evidence at the Hearing

22. Dr. Arun Prakash, Mr. Power’s attending psychiatrist and signatory of the Hospital Report, provided oral evidence at the hearing.

23. Dr. Prakash testified that Mr. Power continues to live at Indwell. Mr. Power’s weight causes him to self-isolate and not attend treatment programs. Mr. Power does not qualify for treatment with Ozempic because he is not diabetic. Olanzapine causes weight gain, but it is hoped that an increase in exercise will help Mr. Power manage his weight. He is no longer complaining of leg pain and is now increasing his activity with walking.

24. Mr. Power has had successful overnight passes. Dr. Prakash states that he has spoken with Mr. Power’s mother and she would agree to Mr. Power living with her. Dr. Prakash pointed out that Mr. Power will require more treatment before he would be able to live with his mother. The treatment team has confirmed that the victim is not living near Mr. Power’s mother any longer.

25. In June 2025, Mr. Power participated in a self-medication program. He has been off that program since August 2025. Dr. Prakash believes that Mr. Power’s decompensation, leading to admission to hospital in August 2025, was due to non-adherence to medications. The treatment team did not do blood work to confirm whether Mr. Power was adherent. Mr. Power was also receiving a long-acting injectable antipsychotic.

26. Since his return from hospital to Indwell, Mr. Power is now coming out of his room for more activities, which Dr. Prakash describes as a “big change”. Since August, Mr. Power has not required PRN medication. Since Mr. Power has been off the self-medication program, it is ensured that he is receiving his medication consistently and in a timely fashion. He has been on a positive trajectory in the past two to three months.

27. Dr. Prakash testified that the treatment team consistently question Mr. Power about the female peer with whom he feels he has a special relationship. The treatment team has been able to redirect Mr. Power and he has not contacted this patient. Since involvement with cognitive behavioural therapy (CBT), Mr. Power knows that this peer does not want contact from him. He is continuing to come to terms with his emotional attachment.

28. Mr. Power’s insight is not fully developed. He accepts his psychiatric diagnosis and substance use issues. Historically, Mr. Power did not want to take medications. Even this year, when he was relapsing, he did not want to take PRN medications. Mr. Power believes that the index offences occurred because of his substance use. Therefore, Mr. Power has remained abstinent. He chaired a Narcotics Anonymous meeting a few weeks prior to this hearing. He has insight into his substance use and connection with the index offence.

29. Dr. Prakash stated that Mr. Power is able to identify signs of decompensation of his mental status, which includes anxiety. He is starting to recognize that he will need PRN medication when he is decompensating.

30. Dr. Prakash testified that Mr. Power’s year at Indwell was quite stressful for him. Despite there being access to substances at Indwell, Mr. Power has remained abstinent. The reason Dr. Prakash wishes to remove the abstinence clause from the Disposition is to assess Mr. Power’s ability to remain abstinent without the legal requirement to do so and while he is still under the auspices of the Board.

31. Mr. Power will be remaining at Indwell for the next reporting year. He wants to go on more passes. Dr. Prakash would like to see a stabilization of Mr. Power’s mental state.

32. Mr. Power is on the waitlist to see a psychologist to assess his adaptive functioning. Depending on the results, Mr. Power may qualify for additional financial resources.

33. There being no objections, Mr. Rows read into evidence the Victim Impact Statement.

34. On behalf of Mr. Power, Ms. Circelli read a poem authored by Mr. Power.

Analysis and Conclusions

35. Having heard and considered the entirety of the evidence as well as the joint submissions from the parties, the Board independently finds that Mr. Power remains a significant threat to the safety of the public.

36. Mr. Power’s risk arises from his schizophrenia, cannabis use disorder, and learning disability. This year he required hospitalization due to positive and negative symptoms of his schizophrenia. Mr. Power lacks full insight in several domains.

37. Mr. Power demonstrates an impaired understanding of reality in social contexts, including misinterpretations of females’ intentions and prolonged preoccupation with past interpersonal encounters. These behaviours were demonstrated this year when he developed an unwanted emotional attachment to a peer, and although CBT has had some positive effect, he continues to struggle with the emotional attachment.

38. The Board took into consideration the nature of the index offences, which were extremely violent. Mr. Power continues to believe that, but for the use of substances, the index offences would not have occurred. Though Mr. Power is described by Dr. Prakash as having insight into his diagnosis of schizophrenia, he has not accepted the link between his schizophrenia and the index offences.

39. In coming to its conclusion regarding significant threat, the Board relies on the Integrated Final Risk Judgement found at page 103 of the Hospital Report, extracted as follows:

“Overall, Mr. Power presents a moderate risk for violent reoffending in the next year if he remains on a detention disposition while living in the community. If he was granted a more liberal disposition, such as a conditional discharge, his risk would increase to high.”

40. Absent the current forensic supports and supervision, Mr. Power would likely fall away from treatment. His insight remains lacking in several spheres. Non-adherence to his medication regimen would likely cause psychiatric decompensation. Mr. Power would present with bizarre behaviours, paranoia, and ultimately violent behaviours of a similar nature as the index offences. Notably, in July 2025, following initiation of the self-medication program, both Indwell and forensic staff noticed a decrease in program participation at Indwell, increased isolation, and decreased follow-through. He demonstrated signs of auditory hallucinations, thought disturbances and exhibited bizarre behaviours. The treatment team were concerned that he was not taking his medication as ordered and discontinued the self-medication program upon his return from hospital to community living.

41. In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.

42. Mr. Power’s mental health remains very fragile, as is demonstrated by the need for hospitalization this reporting year. His insight in all spheres requires improvement. The Board accepts the hospital’s evidence that a Detention Disposition is necessary. Ongoing support and monitoring are essential to maintaining Mr. Power’s mental stability. His risk to public safety cannot be safely managed within the framework of the Mental Health Act. The hospital must maintain the ability to promptly return Mr. Power to hospital if he were to experience signs of decompensation. Further, to effectively manage his risk, the hospital requires the ability to make housing decisions for Mr. Power.

43. The panel agrees that the removal of clause 4(a) will be helpful to determining Mr. Power’s commitment to abstinence absent the legal requirement. The other clause amendments will also be made in the Disposition as they are reasonable and agreed upon by all parties.

44. For the above reasons, the Board finds that the necessary and appropriate, least onerous and least restrictive disposition is a Detention Disposition with the changes agreed to by all of the parties.

45. The Board commends Mr. Power for his commitment to abstinence. This is a very important step toward recovery. Also, the Board commends Mr. Power for voluntarily returning to hospital for necessary treatment upon the recommendation of his treatment team.

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