Re Edith Frayne, 2026 CanLII 21137

Re: Edith Frayne

ORB File No: 8429

Hearing held on: Tuesday, February 3, 2026

Place of hearing: Centre for Addiction and Mental Health

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal

Members: Dr. G.A. Chaimowitz Dr. H. Moulden Hon. N. Kozloff Mr. S. Duffy

Parties Appearing:

Accused: Edith Frayne Counsel: Mr. N. Xynnis (via Zoom)

The person in charge of hospital: Counsel: Ms. J. Szabo

Attorney General of Ontario: Counsel: Mr. C. Coughlan

REASONS FOR DISPOSITION

(Dated March 9, 2026)

Introduction

1. Edith Frayne, age 48, was on October 5, 2023, found not criminally responsible on account of mental disorder on charges of attempt murder, aggravated assault, and assault (x2), contrary to the Criminal Code.

2. Ms. Frayne, who was under a Detention Order with privileges up to and including to live in the community approved by the person in charge, came before the Ontario Review Board (the “Board”) at the Centre for Addiction and Mental Health (the “hospital”) for her annual hearing on February 3, 2026.

3. Ms. Frayne was represented by Mr. N. Xynnis, who appeared by audio visual means.

4. The Board had the benefit of Exhibit 1, the Hospital Report dated January 10, 2026.

5. In prelimenary positions, the hospital advanced that the current Disposition remain in place with the removal of clause 4(f) that reads: “not to access a TTC Subway platform unless accompanied by staff or person approved by the person in charge”. Patient’s counsel supported the hospital’s position. Crown counsel opposed the removal of clause 4(f). By the conclusion of the hearing, the Board found that significant risk to the safety of the public was made out, that the current Disposition properly balanced the protection of the public and supported the patient’s rehabilitation but clause 4(f) should be removed.

Diagnoses

6. • Schizophrenia

• Substance use Disorder, in remission in a controlled environment

Index Offence and Background

7. The Board endorses last year's description:

“The Hospital Report provides a detailed account of Ms. Frayne’s history preceding the index offences and need not be repeated here. Briefly, Ms. Frayne, now 47(48), lived with her biological parents and younger sister until age 10 when her parents divorced. She then lived with her aunt for a period. She reported good relationships with both parents and their new partners. She was a happy child who succeeded academically, graduating from high school and later from the University of Toronto.

In 1999, Ms. Frayne experienced an accident that likely resulted in a head injury. According to both Ms. Frayne and her aunt, this injury caused significant changes to her mental state. Later, after giving birth to her daughter, she appears to have suffered from post-partum depression. Child protective services became involved, and her daughter has lived with Ms. Frayne's sister ever since. Ms. Frayne’s relationship with her child's father ended.

Ms. Frayne has a history of substance abuse including alcohol, cannabis, cocaine, and crystal methamphetamine. Multiple family members on her mother's side have schizophrenia.

Her documented mental health history began in 2016 when she was 29. During a criminal assessment, she was described as giving unclear answers, likely due to paranoid thinking. She appeared disorganized, talked to herself, and made inappropriate sexual comments. Doctors believed she had schizophrenia. Between 2016 and her 2022 index offense, she was hospitalized twice for psychiatric care—once when police found her with a knife and once when she believed someone was stalking her. Both times, doctors noted she had delusions about others being romantically obsessed with her.

Throughout these mental health system encounters, Ms. Frayne showed little awareness of her condition and didn't follow through with treatment after hospital discharge.

Her criminal record includes failing to comply with a court order in 2016 and criminal harassment in 2017.”

The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:

“The Hospital Report includes information regarding the index offences that was generated by the police. As this was an initial hearing, the panel also received the trial judge’s Reasons for Judgment and the following summary of the index offences comes from those Reasons, as they are the facts that underlie the NCR verdict.

On the evening of April 17, 2022, Ms. Frayne was at the subway station at Yonge and Bloor Streets in Toronto. A man and a woman were near Ms. Frayne when she “shouldered” the woman and then attempted to kick her, before pushing the man. She then chased the woman before picking up and dragging a stanchion pole and punching another unknown passerby.

About twelve minutes later, Ms. Frayne was on the westbound platform of Line 2 when Shamsa Al Balushi arrived on the platform and stood behind the yellow line waiting for her train. She may have been singing. Ms. Frayne used her right shoulder and both hands to push Ms. Al Balushi onto the tracks. Ms. Frayne briefly watched her fall before walking away.

Within a few seconds of ending up on the tracks, Ms. Al Balushi rolled under the lip of the platform, such that when the train arrived, she suffered only a scraped nose, broken rib, and pain in her shoulder and back.

Many months later, after Ms. Frayne was being treated for psychosis, she was able to recount that she believed that Ms. Al Balushi had stolen her keys and was involved with her boyfriend. She was very angry. She was also high on crystal methamphetamine at the time.”

Through to May 8, 2024, Ms. Frayne was a patient in the Forensic Women's Secure Unit (WSFU). She was then transferred to the Women's General Forensic Unit (WGFU). Dr. I. Ray provided her care until August 2024, after which Dr. J. Dupré took over as her psychiatrist at the WGFU.

8. Dr. I. Ray, the patient’s psychiatrist, testified. The one update was that olanzapine had been recently increased from 10 to 15 milligrams daily.

9. According to Dr. Ray it has been a very positive year. The patient has remained stable and compliant with medication and treatment. Ms. Frayne’s insight has improved including comprehension of the circumstances of the index offences. The patient has remained abstinent and is working on her mental health and substance relapse prevention.

10. Ms. Frayne is at level 6 privileges that permit indirect access to grounds in addition to accompanied passes off grounds. This coming year would see Ms. Frayne going out into the community for structured programs and exercising indirectly supervised passes. This will be done gradually and cautiously.

11. There are some residual symptoms. Ms. Frayne occasionally hears her mother speaking to her asking her to look for Ms. Frayne’s daughter. These symptoms usually occur early in the morning or just before going to sleep.

12. Ms. Frayne has been involved in substance use relapse prevention since 2024. Ms. Frayne continues to have cravings.

13. Ms. Frayne is working with a social worker.

14. If the year goes well, the hospital will look at supportive housing.

15. Ms. Frayne has been on the TTC accompanied, including the use of streetcars, buses, and the subway. All journeys have gone well.

16. In Dr. Ray’s view, the time has come to lift the restriction respecting the subway. At the time of the index offences, the patient was floridly psychotic, untreated, and under the influence of substances including crystal methamphetamine.

17. The risk has now been attenuated. Ms. Frayne has been compliant with her medication, has good insight into her mental health and how substances risk relapse.

18. The hospital would approach the issue of public transportation use, including subways, with caution. This would involve an iterative approach. It would begin with shadowing by staff. The hospital would proceed slowly. Following shadowing, the patient would have to check in with staff during outings. Upon return from an outing there would be careful monitoring of the patient's mental state.

19. There have been no issues during accompanied access to public transportation. All substance screening has been negative.

20. There have been a few instances of returning late but nothing concerning. Ms. Frayne is now more organized. At present Ms. Frayne walks between buildings alone for programming and attends the park located on grounds. She goes for walks on grounds.

21. The residual symptoms are low intensity. They do not cause distress or otherwise impact Ms. Frayne. Ms. Frayne is totally forthcoming with staff about how she is doing.

22. When Ms. Frayne is ready for housing, supportive housing would be recommended.

23. Ms. Frayne has re-established contact with some acquaintances but maintains boundaries being mindful of the necessity to absolutely avoid substances.

24. Ms. Frayne has responded very well to treatment. There have been no signs of relapse.

25. Ms. Frayne has insight into the seriousness of the index offences and their consequences. She is remorseful.

26. All uses of public transportation with staff have gone well.

27. Ms. Frayne had a visit with her sister and daughter in August that went well. It was the first time Ms. Frayne had seen her daughter in two years.

28. Ms. Frayne is on both a long-acting and oral medication.

29. In final submissions, Crown counsel noted the ongoing symptoms, albeit at low level. Cravings were still present. There was insufficient testing, in his view of Ms. Frayne’s suitability to use indirect passes. The index offences were exceptionally troubling.

Analysis

30. The index offences are very disturbing. Only by good fortune did no serious harm come to the victim who was pushed on to subway tracks. That is the type of incident that strikes fear into the public.

31. The conduct in question occurred when Ms. Frayne was floridly psychotic, untreated and under the influence of illicit substances including crystal methamphetamine.

32. Since her hospitalization Ms. Frayne has been placed on long acting and oral antipsychotic medications. She has responded very well to treatment. All that remains are circumscribed residual symptoms. Those hallucinations are not paranoid or persecutory.

33. Ms. Frayne has wholly avoided substances. All tests for substances have been negative.

34. Insight into the index offence including the consequences for others and their seriousness is present. Insight regarding the risk of substances in relation to criminal conduct is present.

35. Ms. Frayne has made frequent use of passes with no worrisome behaviour. Ms. Frayne has been on public transportation, including subways, accompanied, and her conduct has been exemplary. Those journeys have not been triggering.

36. Considering the seriousness of the conduct, the Board is of the view that the hospital has properly assessed next steps and that Ms. Frayne’s use of indirect privileges need no longer be circumscribed by clause 4(f). In removing the restriction on using the subway found in 4(f), the Board has considered the hospital’s proposed very cautious approach. The hospital will begin by employing shadowing. The shadowing period may be longer than the norm. The next step will be for the hospital to insist on check-ins while on indirect passes. At all times, the hospital will carefully monitor Ms. Frayne's mental state both before and following the use of indirect privileges.

37. The Board has considered the use of privileges so far, compliance, abstinence, mental health stability, the employment of a long-acting medication. It has been a good year. In all circumstances the Board is of the view that the removal of clause 4(f) is appropriate and the least onerous and least restrictive disposition that both balances the public safety and is consistent with the rehabilitation and other needs of the patient. We wish Ms. Frayne well in the upcoming year.

DATED this 9th day of March, 2026, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal Alternate Chairperson

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Office of the Registrar Ontario Review Board