Re: Troy Warner
ORB File No: 6069/6349
Hearing held on: Tuesday, February 24, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. R. Wood Hill Dr. M. Green Hon. B. Durno Mr. T. Wall
Parties Appearing:
Accused: Troy Warner Counsel: Mr. T. Whillier
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated March 9, 2026)
On March 7, 2012, Troy Warner was found not criminally responsible on account of mental disorder on three charges of assault with a weapon, and one charge of assaulting a peace officer. On May 28, 2013, Mr. Warner was found not criminally responsible on account of mental disorder on three charges of assault. Mr. Warner is currently subject to a Disposition directing that he be detained at the Forensic Service of the Centre for Addiction and Mental Health, Toronto, with a number of prohibitions and privileges including the privilege of living in the community of the Greater Toronto Area in approved accommodation.
On Tuesday, February 24, 2026, the Ontario Review Board convened a hearing at CAMH and conducted the annual review of Mr. Warner’s Disposition.
Positions of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Warner appeared for CAMH. She advised of the hospital position that Mr. Warner remains a significant threat to public safety, and if the Board so finds, the hospital is recommending continuation of a Detention Order with exact terms set out in last year’s Disposition. In response to a question from the Alternate Chair, Ms. Warner advised that should the panel chose to specify levels of security, the hospital’s position is that Mr. Warner should receive a Hybrid Order, namely a Detention Order on the Secure Forensic Unit but with discretion given to the person in charge to transfer Mr. Warner to a General Forensic Unit should his improved condition justify such a transfer.
Mr. Brandes supported the hospital’s recommendation.
Mr. Whillier, Mr. Warner’s counsel, also agreed with the hospital’s recommendation. Mr. Whillier agreed and supported the Board making a Hybrid Order.
Index Offences
- “Index Offences 1 – Assault with a Weapon (three counts) and Assault Peace Officer
These offences occurred on December 12, 2011. Mr. Warner and the victims were known to each other. The incident occurred at the London Psychiatric Hospital where Mr. Warner was an involuntary patient. On December 12, 2011, a nurse noticed Mr. Warner attempting to exit the dining room with a fork in his right hand and a butter knife in his other hand. He was asked to leave the utensils in the dining room. He then walked towards a nurse, swung his right arm in a stabbing motion in the direction of this person. The fork that was in Mr. Warner's hand struck the nurse in the left shoulder area. Other staff responded to assist. When Mr. Warner began swinging his left arm in a stabbing motion towards the other staff, the knife in the left hand of Mr. Warner struck another nurse several times in her back area. A third staff member responded, and Mr. Warner was taken to the ground in a struggle. While on the ground he was able to break his hand free and continued to attempt to stab staff who were present. He was eventually restrained and placed in seclusion. On December 13, 2012, Mr. Warner attempted to assault a police officer after being transported to the London Police Headquarters Detention Unit.
Index Offences 2 – November 7, 2012
Mr. Warner and both victims were known to each other as involuntary patients at the Regional Mental Health Centre in southwestern Ontario. On November 7, 2012, a copatient was speaking on the phone when Mr. Warner ran towards him, jumped up and did a flying kick in the direction of this person's head. The co-patient moved out of the way, dropped the phone and stood up when Mr. Warner began punching and kicking while yelling at this person. Mr. Warner then turned his attention towards the second victim who was in the hallway, and he punched him in the back of the head yelling “repent, repent, repent.” Staff members responded and Mr. Warner was seen attempting to go out a window. They were able to restrain Mr. Warner physically and with medication to calm him down. On December 15, 2012, a developmentally delayed patient at the Regional Mental Health Centre in southwestern Ontario contacted the police to report that she had been assaulted by Mr. Warner. On this date Mr. Warner was in the common television room wearing wrist restraints. He walked out into the hallway as the victim was walking past the door. Mr. Warner reached out with his hands waist high and grabbed hold of her around the waist, lifted her and pushed her into the room. He dropped her down onto her mattress and fell on top of her. Several staff members witnessed the incident and pulled Mr. Warner off the victim. She was uninjured physically.”
Evidence at Hearing
The Board admitted into evidence the Hospital Report dated February 5, 2026. The Hospital Report provides a great deal of information concerning Mr. Warner, his personal history, his mental health history, details of the index offence and Mr. Warner’s course in hospital subsequent to the date of the index offence. 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 diagnosis of schizophrenia.
In addition to the documentary evidence, the Board heard from Dr. Choptiany. Dr. Choptiany became Mr. Warner’s most responsible physician in May 2025, on the occasion when Mr. Warner was transferred from SOTU to Unit 3-3. Dr. Choptiany noted a significant improvement in Mr. Warner’s position commencing approximately in September 2025.
Dr. Choptiany advised the panel of a number of adjustments to Mr. Warner’s medication. This included adding an anti-depressant medication along with reducing the levels of clozapine. These changes were all agreed to by Mr. Warner’s mother who is the SDM.
Dr. Choptiany also advised that Mr. Warner commenced ECT treatments. Once again, the SDM supported and agreed to that proposed treatment. Dr. Choptiany noted that Mr. Warner was receiving an ECT treatment weekly, but a change was made to once every 10 days.
On the one hand, Mr. Warner still complains about feeling tired especially the day after ECT treatments. On the other hand, however, Mr. Warner wakes up earlier each day and is much more engaged in various programming.
Dr. Choptiany noted that on this unit Mr. Warner has developed a very strong relationship with the occupational therapist. The occupational therapist helps Mr. Warner with all of his activities of daily living.
Dr. Choptiany also noted that since September Mr. Warner’s preoccupation with religious things has decreased. We are aware that historically some of Mr. Warner’s difficulties is that he acted out inappropriately based on thoughts he said he was receiving.
Currently, Mr. Warner advises that he still hears the voice of God but that currently the message is that he should be doing positive things.
Dr. Choptiany noted that commencing this past September, it has not been necessary for Mr. Warner to be placed in seclusion. Since September he has progressed from pass Level 1 up to pass Level 4. The next step would be to move to pass Level 5. There is apparently a considerable training program to assist a patient to move from Level 4 to Level 5 and Mr. Warner will be participating in that education program soon. The doctor noted that generally achieving pass Level 5 is a pre-requisite to moving to a General Forensic Unit. Dr. Choptiany opined that Mr. Warner may well be able to transfer to a General Forensic Unit even if he does not achieve pass Level 5.
Dr. Choptiany noted that another very positive sign is that Mr. Warner has obtained a job on the unit and carries that out appropriately.
In response to questions from Mr. Whillier, Dr. Choptiany repeated that Mr. Warner is presently suitable to participate in Level 5 training.
In response to a question from a panel member, Dr. Choptiany advised that there is a Chaplin that attends at CAMH, and the team will consider potential benefits of having Mr. Warner meet with the Chaplin.
No other evidence was heard at this hearing.
Findings of the Board
At the conclusion of the evidence, the parties were canvassed as to their positions.
All parties accepted that at the present time Mr. Warner remains a significant threat to public safety and all parties accepted that the necessary and appropriate Disposition is for Mr. Warner to be subject to a Detention Order on a Secure Forensic Unit but with discretion given to the person in charge to transfer Mr. Warner to a General Forensic Unit at some point in the future.
The Board accepts the evidence of Dr. Choptiany, and the evidence contained in the Hospital Report. In particular, we accept the evidence contained in the Hospital Report that Mr. Warner remains a significant threat to public safety. This panel is aware and need not repeat a number of totally inappropriate and assaultive conduct directed towards co-patients in hospital.
We will make the Hybrid Order as requested by all the parties.
We will continue to include a community living clause. In response to questions from Mr. Whillier, Dr. Choptiany agreed that a community living clause is a motivating factor.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Warner’s mental condition and his other needs, and Mr. Warner’s reintegration into society.
DATED this 9th day of March, 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board