Re: Shakayla Downey
ORB File No: 8680/8842
Hearing held on: Friday, November 28, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. Y. Alatishe
Dr. L.O. Lightfoot
Hon. B. Allen
Mr. J. Cyr
Parties Appearing:
Accused: Shakayla Downey
Counsel: Mr. D. N. Hotz
The person in charge of hospital: Counsel: Mr. D. Blumenkrans
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated January 23, 2026)
Introduction
On November 28, 2024, Shakayla Downey was found not criminally responsible on account of mental disorder (“NCR”) on five counts of assault. The Court declined to make a disposition and referred the matter to the Ontario Review Board (“ORB” or “the Board”). An order was made for a risk assessment to be prepared in advance of her initial hearing. In the interim, Ms. Downey remained living in the community pursuant to a judicial interim release order. However, Ms. Downey did not attend for her assessment. Ms. Downey also failed to attend a second appointment. An initial Board hearing was scheduled for August 14, 2025.
On July 28, 2025, Ms. Downey was found NCR on charges of threatening, and assault (the second set of charges). She remained living in the community. On August 14, 2025, the initial hearing did not proceed as Ms. Downey had been arrested two days earlier and was in custody at the Vanier Centre for Women. She had found unfit to stand trial on these new charges (third set) and subject to a Treatment Order. She ultimately was found fit to stand trial and returned to Vanier where she remains in custody. Those charges remain outstanding.
On November 28, 2025, the Board convened a hearing pursuant to s. 672.47(1) of the Criminal Code of Canada. Ms. Downey was present and represented by her counsel, Mr. Hotz.
At the outset of the proceedings, counsel for the hospital and the Ministry of the Attorney General submitted that Ms. Downey remains a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order with the ability to exercise passes on hospital grounds while accompanied by hospital staff. Given that this disposition would be made without the benefit of a risk assessment, counsel recommended that the disposition include a scheduled pre-hearing conference in order to canvas whether an early hearing would be warranted.
Mr. Hotz indicated that he did not have instructions. However, he indicated that the two NCR reports included sufficient information to support a finding that Ms. Downey remains a significant threat to the safety of the public. Further, Mr. Holtz acknowledged that, given the lack of an assessment as to Ms. Downey’s risk to the safety of the public, the recommendation that the initial disposition included limited privileges made sense.
Findings
- For the reasons that follow, the panel finds that Ms. Downey represents a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order with discretionary privileges up to and including the ability to exercise accompanied passes on hospital grounds and escorted passes in the community. The panel declined to include a requirement for a prehearing conference in the disposition. One can be scheduled if and when counsel determine one would be appropriate.
The Evidence
- The evidence at the hearing consisted of an NCR Report by Dr. Kung, dated May 24, 2024 (ex. 1), and an NCR report by Dr. R. Jones, dated July 23, 2025, (ex. 2).
The Index Offences
- On the morning of February 7, 2022, Ms. Downey was walking on Wilson Avenue in the City of Toronto. She approached a 13-year-old student, pushed him into a snowbank and then punched him and stomped on his head. While doing this, she yelled, “Get out of my
way. Kids like you are bringing guns.” A few minutes later, she called 911 and stated that she was the Queen of Canada, and everyone was trying to kill her. Ms. Downey then proceeded to approach four other students on the street and punched, choked, and assaulted them. During the course of these separate assaults, she said “You have a gun. All children have guns” and “Are you trying to kill me?” The students sustained minor injuries. At least one became very emotionally distraught.
- On May 6, 2023, Ms. Downey was on the TTC platform at St. George. She assaulted people who were waiting on the platform. In particular, she approached a male from behind and, without warning, pushed him. Ms. Downey stated, “If you want I will push you into the train, if you think you have muscles.” This caused the victim to fear for his safety. He ran away from Ms. Downey and notified TTC personnel.
Background Information
The NCR reports provide detailed information on Ms. Downey’s background and psychiatric history. They need not be reviewed in detail here but for the following material highlights. Ms. Downey is a 33-year-old woman who was born and raised in Toronto. She had a difficult childhood due to lack of stability. She was raised primarily by her grandmother, although she would live briefly with her mother or her aunt.
Ms. Downey reported having an extensive history of trauma. She said that a stepfather sexually abused her when she was age seven. She informed her mother, but her mother did not believe her.
After high school, Ms. Downey went on to study medical aesthetics at Bryan College where she learned how to do waxing, nails, and makeup. It was a one-year program. However, she did not complete it as she became pregnant at age 18 or 19. She is currently financially supported by Ontario Works and has made additional income from working in adult entertainment as a dancer.
Ms. Downey has two sons, age three and six years old. They are in the care of her cousin. Ms. Downey had a daughter who in 2014 died at the age of two-and-a-half while in the care of a babysitter. Her daughter’s death was, and still is, a very significant source of trauma for Ms. Downey. It has had a significant impact on her mental health. Her beliefs about the cause of her daughter’s death and about the people she believes are responsible are a constant theme in her underlying delusional beliefs.
Ms. Downey reported that she first started smoking cannabis at age 11. She was smoking on a daily basis even at that age. She began consuming alcohol at the age of 12.
Ms. Downey’s first psychiatric admission was in July 2021. She attended the Humber River Hospital emergency department with her two children. She became increasingly agitated and paranoid during her admission, accusing staff and police of trying to harm her. She disclosed that she had been washing her children’s food at home with bleach due to
concerns it was not safe. Ms. Downey was placed on a Form 1 and required chemical and
physical restraints for safe management. Her children were taken into custody by the Children’s Aid Society. Although Ms. Downey denied substance use at the time of assessment, her toxicology screen was positive for THC and Benzodiazepine.
Over the following two years Ms. Downey had over a dozen psychiatric admissions. She would present as paranoid, agitated and, at times, aggressive with disorganized thinking. Ms. Downey would report paranoid delusions of conspiracy against her, as well as grandiose delusions that she is the Queen of Canada and has the cure for cancer. She would be treated with antipsychotic medication, and her mental status would improve. However, when discharged, she continued to endorse grandiose beliefs, paranoia and remained irritable. Ms. Downey’s current diagnoses are schizophrenia and cannabis use disorder.
Ms. Downey has no insight into her mental disorder. She does not believe that she has a psychotic disorder. Ms. Downey refused any referrals for follow up or medication in the community. Once discharged from hospital, she became noncompliant with her medication and her mental status deteriorated rapidly.
Mr. Hotz advised the panel that the charges that Ms. Downey recently incurred involve allegations similar to the index offences. It is alleged that Ms. Downey left her apartment and then got into six successive altercations with people on the street in a span of approximately 15 minutes. The anticipated defence will be that she was not criminally responsible at the time.
At the conclusion of the hearing, Ms. Downey voiced her ongoing frustration with the lack of accountability for those responsible for her daughter’s “murder.” She stated that she has been contacting police due to fears for her safety. She is frustrated and upset that she has been charged with these offences.
Analysis and Conclusion
The panel has carefully considered the two NCR Reports and unanimously finds that Ms. Downey represents a significant threat to the safety of the public. Her risk flows from her diagnosis of schizophrenia. Even with treatment, her symptoms remain prominent. She has no insight into her psychotic disorder and consequently refuses treatment when in the community. She endorses grandiose and paranoid delusional beliefs and incorporates anyone in her immediate vicinity into those delusions. Within a short period of time, Ms. Downey confronted several random strangers and assaulted them. And she is facing further charges stemming from the same behaviour.
Absent a disposition from the Board, Ms. Downey would continue with unprovoked assaults on members of the community. As such, she represents a significant threat to the safety of the public.
Unfortunately, the parties and the panel do not have the benefit of an assessment of the nature of Ms. Downey’s risk to the public and how that can best be managed with the least restrictive and least onerous disposition. Ms. Downey requires treatment for her psychotic disorder, schizophrenia, and psychosocial programming to address her lack of insight and her problematic substance use. It remains to be seen whether she can successfully enter the community without significant support and supervision.
The panel unanimously agrees that the necessary and appropriate disposition at this time is a detention order with discretionary privileges up to and including the ability to exercise accompanied passes on hospital grounds and escorted passes in the community. Ms. Downey is currently in custody and awaiting trial on her outstanding charges. Even with the expectation that the charges will proceed similar to these index offences, it will take time for an NCR assessment to be completed and the hearing to proceed. The panel appreciates counsel’s concern that Ms. Downey may respond quickly to treatment and may reach the limit of her privileges well before her annual hearing. Should that occur, counsel have the option of contacting the Board and requesting an early hearing.
DATED this 23rd day of January, 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Finley
Alternate Chairperson
Office of the Registrar
Ontario Review Board