Re: Ashley Palmer
ORB File No: 5713
Hearing held on: Tuesday, October 28, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. B. Garrow
Members: Ms. J. Ferguson Dr. R. Sheppard Dr. L. O. Lightfoot Mr. S. Duffy
Parties Appearing:
Accused: Ashley Palmer Counsel: Mr. A. Paas
The person in charge of hospital: Counsel: Mr. D. Blumenkrans
Attorney General of Ontario: Counsel: Mr. R. Mushlian
REASONS FOR DISPOSITION
(Dated March 10, 2026)
Introduction
On October 6, 2010, Ashley Palmer was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault causing bodily harm, assaulting a peace officer, and failure to comply with probation order, all contrary to the Criminal Code of Canada (the “Criminal Code”).
Ms. Palmer is currently subject to a Disposition of the Ontario Review Board (the “Board”) dated October 31, 2024, granting her a Conditional Discharge subject to the terms and conditions set out therein. She is currently residing in the community in supportive housing at 301 Broadview Avenue, Toronto.
On October 28, 2025, a panel of the Board convened to review Ms. Palmer’s Disposition pursuant to s.672.81(1) of the Criminal Code.
Ms. Palmer was present for her in-person hearing and was represented by counsel, Mr. A. Paas, throughout the proceedings.
The issues to be determined are whether Ms. Palmer 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 before us, the Board concludes that Ms. Palmer continues to represent a significant threat to the safety of the public. The Board finds that a Conditional Discharge is the necessary and appropriate Order on the terms set out in our formal Disposition having regard to the safety of the public, which is the paramount concern, and also having regard to Ms. Palmer’s mental health and other needs.
Position of the Parties
At the outset of the hearing the parties were canvassed as to their respective positions. The hospital stated that Ms. Palmer continues to represent a significant threat to the safety of the public and recommended that the necessary and appropriate Disposition is a Conditional Discharge, maintaining all of the conditions outlined in the current disposition but amending the condition that Ms. Palmer reside at 50 Barrington Avenue, Toronto, to her current residential address at 301 Broadview Avenue, Toronto. Counsel for the Attorney General supported the hospital’s recommendation.
Counsel for Ms. Palmer, Mr. Paas, indicated that he expected to support of the hospital’s recommendation but wanted to hear the hospital’s evidence before doing so.
At the conclusion of the hearing, there was a joint submission supporting the hospital’s recommendation. Mr. Paas conceded the issue of significant threat.
Current Psychiatric Diagnoses
Schizoaffective Disorder, Bipolar Type
Substance Use Disorders, in Remission (cocaine, alcohol, cannabis, ecstasy)
Obsessive Compulsive Disorder
Mixed Cluster B Personality Traits (Antisocial and Borderline)
Index Offences
- The circumstances of the index offences are excerpted from the Hospital Report and are as follows:
“Assault Causing Bodily Harm; Assaulting a Peace Officer
On May 3, 2010, at 6:30 a.m., the victim and her partner arrived at Vanier Centre for Women to transport inmates to College Park Court in Toronto. At 7:30 a.m., the accused was the last inmate to be searched before being transported to court. The accused was hostile and aggressive while being brought down for the search and was swearing. When the victim commenced the search, the accused became immediately uncooperative with her and told her to “fuck off.” The victim explained to the accused that she needed to be searched before she went to court, at which time the accused stated to the victim “I don't fucking like you.” At this time, the accused turned her head and bit the victim's ring finger on her left hand. The accused, in biting the victim, punctured her latex glove, as well as her skin, causing her to bleed. The accused was lodged in another cell, while the victim sought medical attention.
“Failure to Comply with Probation
The accused was placed on probation by Justice Schneider on September 23, 2009, for a period of 18 months. One of the conditions of this probation order was to keep the peace and be of good behaviour. The accused breached this condition on May 3, 2010.”
Background and History
Ms. Palmer is a 41-year-old woman who was born in Toronto but moved to Jamaica at the age of five to reside with her grandmother. She moved back to Ontario after five years in Jamaica. She achieved a grade ten education. She had a sporadic employment history but had not worked for five years prior to the index offences.
The Hospital Report dated October 15, 2025, was filed as Exhibit 1. It describes an extensive history of substance abuse including alcohol, cocaine, ecstasy, THC, and crack cocaine. Ms. Palmer has acknowledged a significant history of crack cocaine use and attributed most of her past difficulties to its use.
Ms. Palmer had psychiatric admissions to hospital several times starting during adolescence.
Ms. Palmer has an extensive history of criminal charges commencing in 2004. Charges include break and enter, several assault charges, assault with weapon, threaten bodily harm, threaten death, weapons dangerous, theft under, resisting arrest.
Evidence at the Hearing
The Hospital Report dated October 14, 2025, was led in evidence along with the viva voce evidence of Dr. Simpson, Ms. Palmer’s treating psychiatrist. Dr. Simpson indicated that there were no updates to the Hospital Report.
Dr. Simpson testified that since being discharged to Margaret Frazer House on September 5, 2023, Ms. Palmer has continued to reside there in the last year, with the benefit of 24-hour supervised accommodation for women with supported daily activities and medication oversight. Dr. Simpson indicated that there were no updates since the Hospital Report. The Hospital Report noted the following with respect to the last reporting year:
“Ms. Palmer is a woman of Caribbean descent, who appeared her stated age. Her personal hygiene is good. She does not display any abnormal psychomotor behaviours. She was pleasant, polite, and cooperative during interviews. She occasionally manifests ritualistic checking behaviour, such as aligning objects on the desk or adjusting chairs. Her speech is normal in rate, rhythm, and volume. She generally describes her mood as “good,” and her affect has been calm and stable. She can get angry at times, and request a change in case manager or doctor, but these are generally brief episodes. She does not show formal thought disorder but can be rather rigid in her thought process. She has not shown evidence of delusions. She has not shown evidence of auditory hallucinations. She denied suicidal ideation, violent ideation, or thoughts of absconding.
“Her insight into her major mental illness, need for treatment, and the adverse effects of comorbid substance use is fair to good. Her judgement, in the context of available external supports and structure, is fair. She knows she needs medication and is clear she wishes to continue to take it.
“She was usually presentable, communicative and pleasant. However, Ms. Palmer tends to respond with rigidity and resistance when adjustments to her routine are suggested, occasionally displaying signs of hostility. This tends to occur with new staff or at times when she misattributes the meaning of assistance being given. These points of friction can be worked through over subsequent appointments.
“Ms. Palmer expressed no suicidal or homicidal ideation or paranoid thoughts or feelings over the past reporting year. Her thought content and process were coherent. No psychotic symptoms were present.
“Ms. Palmer continues to take her medication under the supervision of housing staff. She was noticed to be coming for her medication on a timely manner without any reminder.
“There have been no incidents of concern, including no physical or verbal aggression and no incidents of AWOL.
“Ms. Palmer has numerous and significant static and dynamic criminogenic risk factors. In the context of Ms. Palmer’s response to treatment and the possibility of a return to substance usage, resulting in a high probability of florid psychosis and resultant violent re-offence, the clinical team opines that Ms. Palmer continues to represent a significant risk to the community.”
Dr. Simpson testified that Ms. Palmer has had a positive reporting year and has done well at Margaret Frazer house where she has resided for the past two years and that, in his clinical opinion, Ms. Palmer no longer requires 24 hour supervised housing. Ms. Palmer would like to live in her own apartment with its own kitchen. Dr. Simpson indicated that while she has had some interpersonal issues at her current residence, there have been no incidents.
With respect to the issue of significant threat, Dr. Simpson noted that there are numerous factors that support a finding that Ms. Palmer remains a significant threat. Ms. Palmer had experienced an early onset of psychosis as a teenager, she has suffered a long burden of mental illness, and it has proven to be treatment resistant, she has had a number of failed attempts in the community and has experienced relapses and problematic behaviours. She is also vulnerable to the support structures around her, and it will be important to see how she manages her health and in particular her compliance with medication because if she does not, she will return to the behaviours that caused her problems in the past. These problematic behaviours have decreased but what may occur over the long term is yet to be seen. Dr. Simpson noted that relapse has been real issue for her, and she needs to have many issues well and stably managed to alleviate the possibility of relapse and a return to problematic behaviours.
Dr. Simpson testified that as a result of her level of self care and her willingness to participate with support from the hospital, this will allow her to live permanently in her own apartment with some support but not the level of supervision she is currently receiving. Dr. Simpson further testified that Ms. Palmer does not want a bachelor apartment and that the treatment team is currently looking at housing options for her. Over the next reporting year, the outpatient team will advise and support Ms. Palmer with respect to her transition to her own apartment with appropriate support. Once she has moved into her own apartment, she can be assessed with respect to whether or not she is ready for an absolute discharge.
Dr. Simpson testified that the treatment team has some concerns given that Ms. Palmer has asked if she could take drugs if given an absolute discharge and that issue is being discussed with her. Dr. Simpson understands that Ms. Palmer has friends who have obtained an absolute discharge from the ORB and that they use drugs and she has indicated that the use of drugs may be an option available to her or even an inevitability if she is granted an absolute discharge. Dr. Simpson testified that although Ms. Palmer understands the health risks of using drugs and that the ORB views drug use as a risk factor, Dr. Simpson also testified that he is not certain that Ms. Palmer views sobriety as a way she will live her life. In this respect Dr. Simpson testified that Ms. Palmer’s insight is limited. Dr. Eid also testified that all of Ms. Palmer’s urine screens were negative with the exception of a few positives that Dr. Simpson believed to be false positives.
Dr. Simpson testified that the hospital needs to have the ability to approve Ms. Palmer’s housing to increase the likelihood of a successful transition. Such housing must have housing workers and services available to Ms. Palmer working in conjunction with other community services but should provide her with more freedom to come and go than she now has. Dr. Simpson was hopeful that such housing could be found within the next year.
Dr. Simpson testified that housing staff are major stressors in Ms. Palmer’s life and that she finds it difficult to following housing protocols. Ms. Palmer becomes offended by staff attitudes she considers disrespectful and too directive. Ms. Palmer believes she is being picked on, treated differently than others or singled out. Ms. Palmer does not relate well to all staff members as interpersonal differences are an irritant to her. However, this has not resulted in any incidents of physical or verbal altercations, but the treatment team needs to assist with these issues.
Dr. Simpson testified that Ms. Palmer was referred to ACT OT - Acceptance and commitment therapy and that her compliance is good and that she is making progress. Dr. Simpson testified that in his judgment Ms. Palmer’s disposition should remain the same for the coming reporting year and that changes can be considered once she is in stable independent housing with support for at least a year.
Dr. Simpson testified that if given an absolute discharge compliance would not be a concern but that she would be at higher risk of drug use and she would face a significant risk of relapse. Dr. Simpson testified that he was not concerned about Ms. Palmer using substances while under the auspices of the Board but did not think that the removal of the ban on using substances would be a good idea at a time when Ms. Palmer is making a significant step in her life transitioning to more independent housing, which will be associated with significant stressors which could destabilize her. Dr. Simpson testified that he would not want her to experience any further destabilizing influences which he considered a real risk to her stability. Dr. Simpson also testified that Ms. Palmer would not longer have the benefit of sessions with Dr. Cripps if granted an absolute discharge.
At the end of the hearing, both the hospital and the Attorney General maintained their initial position to keep the current disposition as is with the exception that Ms. Palmer’s address be changed to reflect her current residence at 301 Broadview Avenue, Toronto. Mr. Paas agreed with the hospital’s position and conceded the issue of significant threat.
Analysis and Conclusions
Ms. Palmer has done well over the past reporting year and is to be commended for her efforts. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board agrees Ms. Palmer remains a significant threat to the safety of the public. This was not disputed at the hearing and was conceded by Ms. Palmer’s lawyer.
The Board agrees that the necessary and appropriate, least onerous and restrictive disposition to manage Ms. Palmer’s risk in the coming reporting year is a continuation of the current disposition with a change of address to reflect her current housing situation. Ms. Palmer will continue to need the supervision of the Board to ensure a successful transition to more independent living and the support of the treatment team to make this important and potentially destabilizing move. It is necessary that she remains abstinent from substance use in order for her risk to the public to be mitigated. Therefore, the Board finds that a continuation of an abstinence clause in her Disposition is necessary and appropriate.
DATED this 10th day of March, 2026, at the City of Toronto, in the Region of Toronto.
Ms. J. Ferguson
Legal Member
Office of the Registrar
Ontario Review Board