Ontario Review Board
Re: Frederick Maguire
ORB File No: 8930
Hearing held on: Thursday, February 26, 2026
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M. Segal
Members: Dr. W. Johnston
Dr. W. Loza
Ms. R. Louis
Mr. A. Bouvier
Parties Appearing:
Accused: Frederick Maguire
Counsel: Mr. P. de Jong
The person in charge of hospital: Representative: Dr. R. Linthorst
Attorney General of Ontario: Counsel: Ms. J. Masse
REASONS FOR DISPOSITION
(Dated March 10, 2026)
Introduction
Frederick Maguire, age 36, was found unfit to stand trial on account of mental disorder on December 23rd, 2025, on charges of assault with a weapon, possession of a weapon for a dangerous purpose, disobeying a court order, theft under (x2), and fail to comply with a probation order (x2). The Court declined to make a Disposition and referred the matter to the Ontario Review Board (“the Board”).
On February 26, 2026, Mr. Maguire appeared in person at the Brockville Mental Health Centre (“the hospital”) for his initial hearing. He was represented by counsel, Mr. P. de Jong.
The Board had before it a hospital report as Exhibit 1 dated February 12th, 2026. Exhibit 2 was the Criminal Court file which included charging document, police synopses, fitness assessments, a CPIC printout, and a court transcript.
In preliminary positions the hospital, represented by the patient’s psychiatrist, Dr. R. Linthorst, indicated that Mr. Maguire remained unfit to stand trial, was a significant risk to the safety of the public and recommended that he should be subject to a detention order on a series of conditions. Dr. Linthorst noted that a reference at page 25 under the Risk and Unit Passes should be corrected to indicate that off-unit passes are not permitted in the forensic assessment unit where the patient now resides.
Crown counsel was generally in agreement but had some questions about access to the community and the recommended driving prohibition.
Patient’s counsel took no issue with the suggested Disposition terms but had questions regarding fitness.
During the hearing, panel member Ms. R. Louis noted that there was a contradiction at pages 24 to 25 of the hospital report recommending reporting when in the community to be both not less than four times per month and not less than twice per month.
After hearing the evidence and the submissions, the Board concluded that Mr. Maguire remained unfit to stand trial, that he posed a significant threat to the community, that the recommended conditions with two exceptions were appropriate and the least onerous and least restrictive. The Board concluded that there was no need for a prohibition against driving, and that reporting should be no less than twice per month.
Index Offences
- The hospital report indicates as follows:
"August 14, 2025
CC 334(b) - Theft under $5,000 (1 count)
On the above specified date, police were contacted by an employee at Circle K 105 Hespeler Rd who stated that Mr. Maguire had stolen two chocolate milks and candy for $16.83 and left southbound on Hespeler Rd. Officers in the area located Mr. Maguire, who matched the description and was carrying two jugs of chocolate milk and candy in his backpack. At 01 hrs07. Police arrested Mr. Maguire for Theft Under $5000 and conducted a search incident to arrest and found the stolen items. A written statement was obtained from the complainant.
July 11, 2025
CC 88(1) - Possession of a weapon for a dangerous purpose (1 count)
CC 127(110) - Disobey court order (1 count)
CC 127(109(2)) - Disobey court order (1 count)
CC 267(a)-Assault with a weapon (1 count)
CC 334(b)- Theft under $5,000 (1 count)
CC 733. 1 (1) - Fail to comply with probation order (2 counts)
Relevant to the above charges, Mr. Maguire was subject to several Probation and Prohibition Orders issued on different dates for various periods. These orders resulted from charges including Assault, Assault with a Weapon, Breach of Probation, Theft Under $5000, Fail to Comply with Release Order, Mischief Under $5000, Prowl at Night, Possession of Break-In Instruments, and Robbery.
On July 11, 2025, at approximately 08hrs30 Mr. Maguire attended Home Depot. While inside the store, he collected multiple power tools, hand tools, and other merchandise totaling $3030.28. Store employees observed Mr. Maguire conceal some of these items in a backpack, viewed as an attempt to commit Theft Under $5000.
At about 08hrs39, a store employee approached Mr. Maguire and asked him to leave due to the concealment of items. Mr. Maguire became escalated. He brandished a razor-blade knife and pointed it toward staff and customers, resulting in concerns for public safety. This was what resulted in charges related to Possession of a Weapon for a Dangerous Purpose, Assault with a Weapon, and Probation Order Non-Compliance.
Police arrived at 08hrs54 and observed Mr. Maguire continuing to conceal merchandise. He was arrested for Theft Under $5000. A search incident to arrest revealed one MFS 7.6x39mm brass bullet in Mr. Maguire's back pants pocket, violating existing court orders prohibiting possession of ammunition.”
Diagnoses
Schizophrenia - Continuous
Stimulant Use Disorder (by history) – Severe, remission in controlled environment
Marijuana Use Disorder (by history) - Moderate, remission in controlled environment
Background
- Mr. Maguire comes from Cambridge Ontario. Before being taken into custody he was unhoused. He was largely supported by ODSP. Mr. Maguire was in a relationship that ended a few years ago. He has a six-year-old but has no contact with him. Mr. Maguire worked in roofing and construction at earlier points. Apparently, he has a Grade 10 or 11 education. Mr. Maguire has a lengthy history of mental health and substance issues. He has a significant criminal record however there was a large gap of 12 years between convictions in 2010 and 2022.
Evidence at Hearing
Dr. Linthorst provided a brief summary of the patient’s treatment noting that Mr. Maguire is very polite and cooperative patient who engages with the forensic team.
Psychotic symptoms continue to be present. There has been a gradual, incremental improvement in thought. Mr. Maguire has crystalized delusions centered on a belief system that there are locked boxes in the community that he must open.
Mr. Maguire was last assessed for fitness a few days before the Board hearing. He has some understanding of the charges and a vague plan to navigate them. Mr. Maguire can follow the fitness questions for a few minutes at a time but thought dysregulation renders a continued discussion impossible.
Mr. Maguire has some understanding of the role of a judge and his own counsel, but disorganized thoughts compromise meaningful discussions.
Mr. Maguire’s understanding of his charges is rooted in his belief that people are upset with his desire to open those imaginary locked boxes. He does not acknowledge an assault charge. Discussions about consequences of possible pleas is difficult.
At present Mr. Maguire is treated for Schizophrenia with a long-acting injection – Abilify. Mr. Maguire indicated a preference for a long-acting injection saying that that had worked for him in past and was more manageable than daily doses. If Mr. Maguire’s progress stops, the Doctor would consider a discussion with the patient regarding Clozapine. In Dr. Linthorst’s view, the risk in hospital is in the low to moderate range, increasing if in the community.
Concerns about the community are present given the substantial substance abuse history. Dr. Linthorst indicated that the privilege envelope recommended was based on an optimistic view of what could be achieved within the year assuming he continues to improve. The Doctor agreed that there was no need for a driving prohibition. The Doctor also agreed that reporting could be reduced to at least twice per month with the understanding that at the outset the hospital would have the right to require more frequent reporting.
Mr. de Jong had several questions which focussed on that:
There had been gradual improvement.
There was a general but imperfect understanding of justice system participants’ roles but derailment of the ability to discuss sets in.
A social worker has been having fitness discussions with his client.
The patient is oriented to time and place but has difficulty expressing himself in general; his thoughts are confused.
Mr. Maguire sees the value of medication although there are issues regarding whether he has the capacity to consent to treatment.
It may be weeks to months before fitness is achieved.
Once transferred to a rehabilitation unit, Mr. Maguire will qualify for passes.
There has been no contact with his family.
Mr. Maguire has acknowledged a desire to cut back somewhat on substance use.
In Board questioning, the frequent use of PRNs was noted. PRNs are appropriate for patients with psychosis, anxiety, and insomnia. As Mr. Maguire has been on Abilify for almost three months, the issue of possible Clozapine administration may need to be addressed shortly.
There has been no discussion yet about substance relapse prevention therapy because the priority to date has been on addressing psychosis. The hospital offers both individual and group substance relapse therapy.
A meaningful understanding of the Board’s role was not apparent to Mr. Maguire.
Mr. Maguire addressed the Board. He was polite. In response to questions from his counsel, he showed somewhat of an understanding of some aspects of the fitness questions but as his counsel acknowledged, the responses were “pretty superficial.”
In final submissions, the parties reiterated their opening positions. The patient’s counsel noted that his client is improving. Fitness comprehension was not in-depth. Mr. Maguire was oblique regarding fitness questions including the role of justice system participants.
Analysis
Considering R. v. Bharwani, Mr. Maguire, although his mental health is incrementally improving, does not satisfy fitness requirements. A review of the hospital report is replete with examples of Mr. Maguire’s thought disorganization when fitness was assessed. While, at present, Mr. Maguire may be able to understand the possible consequences of criminal proceedings, the Board is unpersuaded that Mr. Maguire is able to understand the nature and object of a trial. This is especially so, given when asked at his hearing about his charges, he mentioned only thefts, and showing up at his parents’ home. His testimony did not acknowledge his assault and weapon charges. The Board is also satisfied that the accused’s ability to communicate with counsel is currently compromised.
At present, the Board is of the view that Mr. Maguire could not meaningfully participate at his trial. He does not at present have a reality-based understanding of the nature or object of possible consequences of the proceedings. He does not now show the ability to understand available options, the ability to select from options and the ability to meaningfully communicate with counsel or the court the decisions arrived at.
The Board notes that as the patient has been on Abilify for about three months with only partial advancement of fitness, the matter of possible clozapine administration is approaching. That discussion will require an assessment of Mr. Maguire’s capacity to consent to such a proposed treatment.
The Board is satisfied that significant risk to the safety of the public is made out. The Board is also satisfied that the proposed conditions represent the least onerous and least restrictive disposition that balances the safety of the public and Mr. Maguire’s needs. The Board agrees the there is no need for a prohibition against driving. The Board is of the view, as the Doctor acknowledged, that reporting not less than twice per month when in the community gives the hospital the flexibility to require more reporting, especially at the outset of any release into the community.
All of the proposed conditions reflect an optimistic view of what may be possible in the upcoming year. If fitness is achieved and there is marked progress in that respect emerging, the hospital will of course, inform the Board.
We wish Mr. Maguire well in the upcoming year.
DATED this 10th day of March, 2026, at the City of Toronto, in the Toronto Region.
Mr. M. Segal Alternate Chairperson
Office of the Registrar
Ontario Review Board