Re O'Neil O. Henry, 2026 CanLII 23882

Re: O’Neil O. Henry

ORB File No: 6952

Hearing held on: Friday, January 9, 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. Weinstein

Members: Hon. N. Kozloff Dr. K. Hand Dr. G. Kerry Mr. S. Duffy

Parties Appearing:

Accused: O’Neil O. Henry Counsel: Ms. M. Perez

The person in charge of hospital: Counsel: Mr. D. Blumenkrans

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DISPOSITION

(Dated March 19, 2026)

OVERVIEW

Introduction

1. On May 10, 2016, O’Neil O. Henry was found not criminally responsible on account of mental disorder (“NCR”) on charges of assaulting a police officer, and utter threat to cause death or bodily harm (two counts), all contrary to the Criminal Code of Canada (the “Criminal Code”).

2. On December 6, 2024, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Henry’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. In the result, in Reasons for Disposition dated January 8, 2025, Mr. Henry was ordered detained at the Forensic Service of the Centre for Addiction and Mental Health (the “hospital” or “CAMH”) with privileges up to and including living in the community in supervised accommodation approved by the person in charge.

3. On June 26, 2025, pursuant to s. 672.56(2) of the Criminal Code, CAMH notified the Board that, “On June 18, 2025, Mr. Henry was transferred from the FGUD to the FATU. Mr. Henry continues to be on the FATU.”

4. On September 19, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review the restriction of Mr. Henry’s liberty for the period from June 18, 2025, to present, pursuant to s. 672.81(2.1) of the Criminal Code. The issue at that hearing was whether the hospital’s decision to increase the restrictions on Mr. Henry’s liberty was the least restrictive and least onerous intervention available in the circumstances both at the time of its onset on June 18, 2025, and throughout its duration to the date of this hearing. Mr. Henry was present for that hearing and was represented by counsel, Ms. M. Perez, throughout the proceedings.

5. A Hospital Report dated November 17, 2024, was entered as Exhibit 1. A Restriction of Liberty (“ROL”) Report dated July 31, 2025, was entered as Exhibit 2. In the result, in Reasons for Decision dated October 9, 2025, the Board found that the restriction of Mr. Henry’s liberty from June 18, 2025, and ongoing was “necessary and appropriate, and represented the least onerous and least restrictive measure at the time it was imposed and continues to be so”.

6. On January 9, 2026, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Henry’s current Disposition pursuant to s. 672.81(1) of the Criminal Code.

7. The issues to be determined at this hearing are whether Mr. Henry 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.

8. For the reasons set out below and based on the evidence and opinions before us, the Board finds that Mr. Henry continues to represent a significant threat to the safety of the Public, and, that a disposition ordering Mr. Henry detained at the Forensic Service of the Centre for Addiction and Mental Health with provision for community living 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 Mr. Henry’s mental health, reintegration into society and his other needs.

9. At the commencement of the hearing, the parties were canvassed for their without prejudice positions. Counsel for the hospital took the position that Mr. Henry continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a Detention Order detaining Mr. Henry within the Forensic Services at CAMH i.e. no change to the current Disposition.

10. Counsel for the Attorney General submitted that Mr. Henry remains a significant threat to the safety of the public and supported the hospital position that there be no change to the current Disposition.

11. Counsel for Mr. Henry did not concede the issue of significant threat to the safety of the public and requested an Absolute Discharge.

The Evidence

12. The evidence at the hearing included the Hospital Report dated December 15, 2025, (Exhibit 1), the testimony of Dr. A. Arnold, and the testimony of Mr. Henry.

13. The facts and circumstances concerning the index offence are set out in the Hospital Report:

"HISTORY OF THE PREDICATE OFFENCES

According to the Police Synopsis:

“On Friday, June 21, 2013, at approximately 10:25 PM the accused, O’Neil Omar HENRY, was at this residence, located at 252 John Garland Boulevard #173, in the City of Toronto. The address is a townhouse used as a rooming house with numerous tenants. The accused was in the backyard with Victim #1. He became angry with the victim and obtained a “steak” knife. The accused held the knife to the victim’s stomach and said, “I’m going to kill you.” The victim entered the townhouse and called 911. Police attended and immediately located the accused, who was standing in the front doorway holding a knife. As the officers approached the accused walked towards the back of the townhouse. The accused was located inside. He was arrested and handcuffed. The knife was seized. The arresting officer began walking the accused toward his Police vehicle, accompanied by the 2nd victim. The accused said to the officer, “You’re gonna bleed, you wait. You’re gonna bleed.” The accused then quickly jerked his head towards this Officer and attempted to head butt him to the face. The Officer responded by instinctively punching the accused. The accused then kicked the Officer in the crotch. The Officers were able to bring the accused under control and took him to a nearby Police vehicle. The accused then said to the 2nd victim, “You wait. You’re dead. I’m gonna kill you. You’re dead, you’re dead.”

April 12, 2016, NCR Report by Dr. Iosif

Mr. Henry was described as a significantly ill individual, who likely had schizophrenia. He had a history of medication non-compliance, and reportedly discontinued his medication prior to the material time, likely rendering him even more psychotic and less able to attend to his surroundings. Preceding the index offence, he displayed unusual behaviour (i.e., talking a lot; talking to the television) and referenced auditory hallucinations telling him that some of the co-tenants had been making him sick by poisoning his food with sulfur. According to Dr. Iosif, his beliefs about being poisoned by co-tenants may provide a psychosis-based explanation for him attacking the victim without apparent provocation at the material time. However, Mr. Henry did not make the connection himself during the assessment. It was unclear whether he used mind-altering substances prior to the index offence. Although symptoms could have been exacerbated by intoxicant use, the breadth of symptoms and psychosocial impairment exhibited over time was better accounted for by his major mental illness. Dr. Iosif opined that his behaviour was likely due to the level of psychosis at the material time, which distorted his perception of reality, including the behaviour and motivation of those around him (co-tenants and police officers), making him incapable of knowing the nature and quality of his actions. It was also likely that due to his severe symptoms and disorganization of thought, he was incapable of accessing rational choice and understanding the legal and moral wrongfulness of his actions."

14. The Hospital Report contains extensive information regarding Mr. Henry’s background. The following accurate and succinct summary is reproduced mutatis mutandis from last year’s Reasons for Disposition dated January 8, 2025:

"Background and History

Briefly stated, Mr. Henry is a forty-four-year-old unemployed male born in Jamaica. He is a father of three children now 18, 23, and 23 years of age.

Prior to his arrest he was supported by the Ontario Disability Support Program (ODSP).

Mr. Henry moved to Canada in 1999. He was a gifted soccer player and hoped to play for the Canadian soccer team until the onset of his mental health issues.

Mr. Henry attended high school in Toronto but left before graduating to pursue employment.

Mr. Henry’s mental health issues started in 2007. Mr. Henry acknowledged seeing psychiatrists starting in 2010 for hearing “voices and stuff”. The Hospital Report outlines that there were at least nine psychiatric inpatient admissions to North York General Hospital. The admissions include self-admissions, arrests under the Mental Health Act (MHA), Form 2 MHA applications by his parents, and an apprehension following breaches of Community Treatment Orders. Further, Mr. Henry was admitted on a Form 1 to Humber River Regional Hospital in 2015.

Since Mr. Henry was found NCR and was admitted to CAMH, he has eloped several times from hospital.

Mr. Henry has an extensive substance use history. Most of his psychiatric admissions identified substance use proximal to the admission.

Mr. Henry is not capable of consenting to treatment. His father is his substitute decision maker.

Mr. Henry’s pre-index offence legal history includes a charge of assault in 2003 and three charges of failing to comply with a recognizance. Following the index offences, he was convicted of criminal harassment on February 5, 2014, and received a suspended sentence, two years’ probation (four days pre-sentence custody), and a discretionary weapons prohibition. He was further charged with utter death threat on March 18, 2015, and received a suspended sentence and eighteen months’ probation (credit for six days pre-sentence custody).

On May 2, 2023, Mr. Henry absconded from hospital while on an indirectly supervised pass. On May 6, 2023, Mr. Henry was arrested by police and charged with robbery, break and enter commit dwelling, and theft of a motor vehicle. Upon his arrest he was found to be in possession of a crack cocaine pipe. On May 7, 2023, Mr. Henry advised the CAMH physician that during his AWOL he did not take his medication, used crack, cannabis, and alcohol, and never “felt so free”."

Course Since Last Disposition

15. The Hospital Report sets out Mr. Henry’s course since the last Disposition:

"December 2024 to December 2025

Mr. Henry eloped from Forensic General Unit D on December 19, 2024, and was returned to hospital by police on June 18, 2025. He discontinued medication and reported using substances during his AWOL with deterioration in his mental state. He initially perseverated on his ROL hearing and when transferred to Forensic Secure Unit A on August 27, 2025, he was frustrated by his lack of progress. He continued to lack insight into his mental illness and the deleterious effects of substance use. He had several concerning behaviours as highlighted below.

Mr. Henry received a Detention Order with Community Living in Approved Supervised Accommodation from his ORB on December 6, 2024. He continued to use Level 8 passes (community indirect passes for socialization and recreation purposes) appropriately, his mental state was stable, and he abstained from substance use. On December 9, 2024, Mr. Henry attended a sentencing hearing for the charges he incurred during his elopement in 2023 (Robbery, Theft Motor Vehicle, and Break and Enter). No decisions were made and the hearing was adjourned to January 20, 2025. Mr. Henry’s indirect passes were held for 24 hours upon return from the hearing due to his elopement history. His indirect passes were reinstated on December 17, 2024, after one week of responsible use of his accompanied passes. Mr. Henry’s AWOL and substance relapse risk were assessed by the team on a daily basis prior to his elopement. On December 19, 2024, he responsibly used an indirect pass before eloping during an indirect hospital grounds pass.

Given his elopement history involving relapse to substance use and the concern of a heightened risk of AWOL upon return to hospital, a case conference including senior leadership was held on December 20, 2024. It was decided that Mr. Henry required a higher level of supervision when returned to hospital. Mr. Henry was initially admitted to the ATU following his return on June 18, 2025. A restriction of liberty hearing later occurred on September 19, 2025. The Board determined that the decision of the hospital to significantly increase the restrictions on Mr. Henry’s liberty was warranted.

In the Emergency Department on his return, Mr. Henry was noted to present as psychotic, irritable, guarded, and refused assessment. He expressed frustration about being in hospital and kicked his shoes toward staff. Given his irritability and unwillingness to engage in assessment of his risk, he was given as needed medication and placed in seclusion. Mr. Henry was transferred to the ATU later that same day, under the clinical care of Dr. Jaiswal.

On admission to the ATU, Mr. Henry endorsed hearing voices and was observed to respond to internal stimuli. His thought form was disorganized and he had bizarre thought content. Urine drug screen was negative for illicit substances. On June 19, 2025, Mr. Henry reported using cannabis, cocaine, crystal meth, and alcohol during his AWOL. He evidenced significant weight loss and his insight was limited into the impact of substance use on his mental state. Mr. Henry refused to start an oral antipsychotic as well as topiramate for substance cravings. On June 26, 2025, Mr. Henry was assessed as incapable of consenting to treatment. He was treated with olanzapine under substitute consent from his father, Mr. Paul Henry.

On June 30, 2025, Mr. Henry presented as argumentative, irritable, and fixated on discharge from hospital. He disclosed living on the streets during his AWOL and denied residing with his mother. His oral olanzapine medication was increased from 10 to 20 mg daily. He presented as less irritable and his thought form was more organized, however, he was again observed responding to internal stimuli on July 17, 2025. His olanzapine was increased to 25 mg daily. He required encouragement to adhere to his medication. On July 31, 2025, he disclosed using alcohol and approximately $40 worth weekly of each crack cocaine and cannabis during his AWOL. He reported spending time at Woodbine Casino. He was guarded in discussions about his elopement from hospital and overall, has not accepted responsibility for his behaviour.

Mr. Henry attended some programming on the ATU and remained slightly guarded. He perseverated on his ROL hearing. On August 7, 2025, he was offered topiramate for stimulant craving, weight management, and for sedative effect (given a previous request for sleep medication), but he declined this. He did not want to be on medication. On August 20, 2025, he asked a nurse for her number and received a DASA of 2.

On July 24, 2025, the team agreed to apply for Level 1 passes (escorted hospital grounds passes). This was rejected by senior leadership due to insufficient time since his elopement. Similarly, a second application was rejected on August 25, 2025, with the recommendation that he engage in substance use programming.

Mr. Henry was transferred to Unit 3-2 on August 27, 2025. He voiced frustration over being in hospital and attributed his AWOL to the length of time he was in hospital and that he had not accessed housing. He said he did not have a problem with substances and that he should be permitted to use cannabis and cocaine. In his view, he was “perfectly healthy” during the AWOL while off medication and using substances. Nonetheless, he agreed to engage in substance use programming. He was unable to attend the concurrent disorders group, which required hospital grounds passes, and started one-on-one substance use programming instead. On September 2, he also agreed to a referral to FORCAT for individual therapy with goals to target impulsivity, substance use, and coping with frustration. There was no evidence of psychosis at the time of transfer to 3-2 or throughout the rest of the reporting period. He reported various side effects of his medication, including restless legs, but initially declined iron supplementation as recommended by the hospitalist. On September 9, 2025, he was started on a nicotine inhaler for subjective cravings and his subjective restlessness and subjective irritability resolved.

Mr. Henry perseverated on his banking and was guarded about his concerns. He explained that his RBC account was de-activated due to a suspicious transaction and he wanted to recover his savings. He opened an account through CIBC and asked staff several times to borrow and activate his debit card for him, even though he was told he needed to wait for appropriate privileges. He reported that he needed to pay his phone bill and to renew his driver’s license. At the same time, he made many online purchases to the unit.

Level 1 privileges were approved at the end of September, however, on September 29, 2025, Mr. Henry voiced AWOL ideation. In addition, hospital senior leadership had concerns about his focus on banking, given this was a precursor to AWOL previously. A decision was made to briefly delay the use of Level 1 privileges to further explore these risks and the use of his tablet.

It came to the team’s attention that Mr. Henry’s tablet operated as a phone, despite that the use of personal phones was prohibited on the unit. On September 30, 2025, it was discussed with him that he would either have to remove the phone calling capabilities or have supervised access of his tablet. He was argumentative but ultimately agreed to reflect on this. On October 7, 2025, he was advised to either delete the phone app and remove the SIM card or use his tablet under supervision. In response, he said he did “not like the service” on 3-2 and that he was “not having a good time.” He expressed his displeasure and walked out of team review.

Shortly afterwords, Mr. Henry was verbally threatening towards staff on the unit. He threatened to “smack down” certain staff members. It appeared that seclusion was going to be necessary to manage risk of harm and security was called. However, by the time security arrived, he was willing to accept a PRN and was de-escalated.

On October 15, 2025, Dr. Arnold saw Mr. Henry to discuss the initiation of Level 1 passes that afternoon. He denied AWOL ideation and agreed to continue following behavioural expectations. Soon after, he approached her at the nursing station and requested to have his debit card for the pass. It was explained to him that he could not have it for his first escorted pass with security and that this would be reassessed. He became upset and stated that other staff said he could have it, despite this not being the case. He forcefully hit or punched the nursing station door before walking away. Later that afternoon, he approached the unit social worker and yelled “what the name of that dumb bitch that won’t sign my passes.” He received a DASA of 4.

On October 16, 2025, Mr. Henry requested to see Dr. Jones. He was seen by Dr. Jones, Dr. Arnold, the unit manager, and social worker to review behavioural expectations and the plan for pass use. He required the plan to be communicated multiple times and continued to request his debit card, but ultimately accepted that at least for the first week while he had a security escort, he would not have his debit card. He started using his Level 1 passes on October 17, 2025.

Subsequently, Mr. Henry used his passes appropriately and there were no significant incidents. His DASA score was sometimes elevated for irritability and occasionally verbal threats. For example, when a co-patient broke wind at breakfast, he threatened to beat him if he did it again. He was approved for Level 2 Passes (accompanied hospital grounds passes) on November 17, 2025, and the team was applying for Level 3 Passes (escorted community passes) at the time of this report. He continued to engage in one-on-one substance use programming.

Mr. Henry continued to have poor insight into his mental illness and the impact of substances on his mental state. He did not perceive any benefit of medication for his schizophrenia and figured he would be okay if he stopped medication. He voiced a plan to continue using substances including cannabis, alcohol, and cocaine, but that he would wait for an absolute discharge. When asked about the index offence on November 27, 2025, he said he was found guilty because the judge did not like that he took the stand, but he was sent to hospital instead of jail “just to make things look not too bad.” He did not believe his mental illness or substance use contributed to the index offences.

Programming

Mr. Henry completed Early Recovery Group one-on-one and started Concurrent Disorders on December 2, 2025. He regularly attended CBT and DBT groups on unit 3-2 and attended various recreational programs including MAPS (Mobile Arts Program; a program offering patients a chance to learn how to compose, write and record a song with a mobile music studio), stamp store, and yard. He remained on the waitlist to start 1:1 therapy through FORCAT at the time of this report.

Passes

At the time of this report, Mr. Henry used 16 escorted hospital grounds passes and 20 accompanied hospital grounds passes.

Current Medication

Olanzapine 25 mg at night

Atorvastatin 10 mg at night

Empagliflozin 10 mg daily

Metformin 500 mg twice daily

Vitamin D 2000 IU daily

Ferrous fumarate 300 mg daily

Mental Status Examination (December 2025)

Mr. Henry was generally well-groomed during assessments. His speech had normal rhythm and rate with a slight accent, though it was monotonous at times. He described his mood as “good.” His affect ranged from neutral to irritable and was restricted in range. He denied perceptual disturbances and did not appear to be attending to internal stimuli. His thought process was organized. He tended to focus on pass progression and the length of time he has been under the ORB. He indicated he had no suicidal, violent, or homicidal ideation. There was no reported AWOL ideation. Mr. Henry continued to demonstrate limited insight into his index offence, his illness, and the impact of drug use on his mental state."

16. The issue of significant threat is addressed in the Hospital Report at pp. 35 – 37. The salient detains are set out below:

"Historical Clinical Risk Management – 20, Version 3 (HCR-20, V3)

Mr. Henry was scored on the HCR-20 V3 on November 18, 2025.

The following Historical Items are present and highly relevant: History of Violence, Substance Use, Major Mental Disorder and Problems with Treatment Supervision/Response. Problems with Employment and Relationships were deemed present and of medium relevance. Problems with Other Antisocial Behaviour and Personality Disorder were deemed to be partially present.

The following Clinical Items are present and highly relevant: Recent Problems with Insight, Stability, Symptoms of a Major Mental Disorder, and Treatment or Supervision Response.

The following Risk Management Items, scored for the recommended disposition, are present and relevant: Future Problems with Personal Support, Treatment or Supervision/Response and Future Problems with Stress or Coping.

If Mr. Henry were discharged conditionally or absolutely from the ORB, the following items would become present and highly relevant: Future Problems with Professional Services and Plans, Future Problems with Living Situation, Future Problems with Treatment or Supervision Response, and Future Problems with Stress or Coping.

Mr. Henry was considered to have an overall low to moderate risk of future violence in the upcoming year under a Detention Order. That risk would be high if granted a Conditional or Absolute Discharge.

Clinical Risk Factors/Re-offence Scenario

Clinical or dynamic risk factors which may serve as proximal indicators for violent re-offence include active symptoms of his schizophrenia, non-compliance with medications, substance use, interpersonal conflict with others, unstructured and unsupervised routine and exacerbation of underlying personality traits.

If Mr. Henry is to re-offend, this will likely occur in the context of a return to his historical pattern of noncompliance with medications and substance use leading to psychosis. While psychotic and/or acutely intoxicated, Mr. Henry has engaged in physically violent behaviours such as those seen at the time of the index offences.

Diagnoses

Schizophrenia

Mr. Henry has a history of paranoid and grandiose delusions, significant disorganization of thought and behaviour, auditory hallucinations, and affective instability in keeping with of a primary psychotic disorder, namely schizophrenia. When unwell, he can present in a threatening, aggressive, and agitated manner and he has exhibited violent behaviour. With his current treatment regimen, his negative symptoms have improved, and his positive symptoms have resolved, though he has continued to have poor insight into his illness and to complain of side effects of the treatment.

Alcohol, Cannabis and Cocaine Use Disorders

Mr. Henry has a long history of problematic substance use including cannabis, alcohol, and cocaine. His substance use has been detrimental to his mental state; exacerbating psychotic symptoms. When he went AWOL his substance abuse resulted in the decline in his mental state. Currently, his substance use disorder is in remission in a controlled environment.

Maladaptive Personality Traits

Mr. Henry has struggled with impulsivity, poor frustration tolerance, and irritability while under the ORB. He has difficulty adhering to goals and planning ahead. He tends to externalize and does not take responsibility for his behaviours, for example with his repeated AWOLs. A diagnosis of antisocial personality disorder has been considered, however, there was no evidence of conduct disorder before the age of 15.

Composite Assessment of Risk

According to R. v. Winko, a “significant threat to the safety of the public” means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature. Further, it is noted that evidence to determine whether an individual is a significant threat to the safety of the public can include the past and expected course of the NCR accused’s treatment, if any, the present state of the NCR accused’s medical condition, the NCR accused’s own plans for the future, the support services existing for the NCR accused in the community, as well as other items.

Given the factors above, including Mr. Henry’s risk scores, it is our opinion that he continues to be a significant threat to the safety of the public."

17. The issue of necessary and appropriate disposition is addressed in the Hospital Report at p. 38:

"Risk Management

Schizophrenia

Mr. Henry has a major mental illness consisting of symptoms of psychosis and he was diagnosed with Schizophrenia. The principal risk management intervention continues to be pharmacological treatment. Ongoing medication monitoring is especially important given his limited insight into his illness, need for treatment, and risks associated with medication non-adherence.

Substance Use Disorder

Mr. Henry’s significant history of substance use and his risk of relapse requires ongoing monitoring and support. Despite ongoing psychoeducation, Mr. Henry’s insight into the deleterious effects of substance use on his mental remains limited. He continues to benefit from therapeutic interventions to improve his insight into the adverse effects of substance use and to strengthen his relapse prevention plan. The continuation of an enforceable substance prohibition clause in his ORB disposition remains integral to his risk management plan, particularly in consideration of transitioning to community living. Mr. Henry was previously prescribed Topiramate (an anti-craving medication), but has not consented to re-start this since his most recent AWOL.

Maladaptive Personality Traits

Mr. Henry would benefit from ongoing supervision and clear and consistent expectations as the principal risk management strategy for this criminogenic variable. He has been referred for individual therapy through FORCAT to help him develop an increased repertoire of coping skills to utilise in times of stress."

Team Review of Recommendation

18. The recommendation of the treatment team is reproduced in its entirety from the Hospital Report:

"The team is of the opinion that a detention order at the Forensic Service of CAMH with the provision for community living is necessary and appropriate to manage Mr. Henry’s risk to the public. Any return to the community would likely require placement in a supervised accommodation initially to assist in ensuring medication compliance. Given his history of non-compliance with medication, the administration of his medication will need to be monitored, especially since his treatment includes an oral daily antipsychotic.

The clinical team would require the ability to approve housing and to rapidly readmit Mr. Henry should medication noncompliance, substance use, or signs of clinical destabilization or AWOL risk indicators emerge. He will require high support housing with on-site staff, able to assess his mental state daily for signs of substance use or early decompensation.

The clinical team is of the opinion that a conditional discharge is insufficient to manage his risk and a detention order within the forensic service with privileges up to and including community living in approved accommodation would represent the necessary and appropriate disposition for the upcoming year."

Testimony at the Hearing

Dr. Arnold

19. Dr. Arnold testified at the hearing. She is a Forensic Psychiatry Resident PGY-6 at the Forensic Service (CAMH), and one of the authors of the Hospital Report. It should be noted that Mr. Henry intermittently interrupted her testimony with various outbursts, including comments denigrating her position on the treatment team.

20. Asked by counsel for the hospital for any update to the Hospital Report, Dr. Arnold replied that Mr. Henry continues to use Level 3 passes and that the treatment team has applied for Level 4 passes.

21. With respect to the issue of significant threat and specifically whether Mr. Henry is ready for housing in the community, she said he is not, explaining that he was AWOL for 6 months (from December 2024 to June 2025) during which time he decompensated and relapsed to substance use and that the focus (since his return to CAMH in June) has been to restore him to his baseline. She added that Mr. Henry is still a significant threat to the safety of the public, citing (a) his history of violence including threats, assaults, and criminal harassment, (b) the offences he committed in 2023 while AWOL, (c) his substance use, and (d) his lack of insight into his illness and need for treatment.

22. Asked about a conditional discharge, Dr. Arnold responded that in the event a conditional discharge was ordered, Mr. Henry would likely discontinue medication, return to substance use, and decompensate, elevating his risk of becoming violent; therefore, such a disposition would be insufficient to manage his risk.

23. She added that Mr. Henry has no treatment supports (i.e. psychiatrist) in the community, and that when he went AWOL in (December of) 2024, he did not seek treatment, went off his medication, relapsed into substance use, and decompensated.

24. Asked about a detention order, Dr. Arnold replied that following his return in June Mr. Henry had “difficulty settling back in” (after being AWOL for 6 months), and that he is better now. He is receiving substance use one to one counselling and using his passes. The hope (of his treatment team) is that Mr. Henry continues in the “current trajectory;” however, it is unrealistic to expect that he will be living in the community within the next year. She added that he will require supervised accommodation given his lack of insight and desire to stop medication albeit he is currently adherent.

25. In response to questions from counsel for the Attorney General about the outstanding charges of robbery and break and enter (stemming from when he was AWOL in 2023) against Mr. Henry, Dr. Arnold replied that there has been a finding of guilt following a guilty plea and that Mr. Henry’s matter had been “adjourned today for sentencing”.

26. Asked about an absolute discharge, she opined that Mr. Henry was likely to stop medication and resume substance use. She explained that he has some appreciation of the consequences of being AWOL but that he “minimizes and externalizes” blaming the hospital for the length of time he has been under the jurisdiction of the Board.

27. She added that Mr. Henry had not been granted any indirect passes since he went AWOL, that there was a “testing process,” and that he was incapable of consenting to treatment. His father – with whom the team is in intermittent contact - is the substitute decision maker.

28. In response to questions from counsel for Mr. Henry, she agreed that prior to being AWOL Mr. Henry was on the GFU from March 2024 to December 2024 and compliant with oral medication, that since August of 2025 he had been compliant with his Olanzapine medication, that he was clinically stable (after a period of stabilization), and that his UDS (urine drug screen) were all negative.

29. She agreed that prior to December 2024 he was at a high level of access (passes into the community) and remained abstinent, demonstrating his ability to abstain “for periods of time”.

30. Asked about Mr. Henry’s frustration regarding the length of time he has been under the jurisdiction of the Board, she replied that he was also frustrated by the process of obtaining housing, and that his frustration is a risk factor.

31. Asked about the request Mr. Henry made in September 2025 for support regarding his frustration, she agreed that he expressed willingness to accept a referral to address his frustration and impulsivity. She also agreed that he is also on a wait list for a one-to-one therapeutic program to address his concurrent disorders, and that he attends CBT (cognitive behavioural therapy) and DBT (dialectical behavioural therapy).

32. Asked if the hospital could help him with housing if he was a voluntary inpatient, she was not sure. Asked if the hospital could help him with getting him a community psychiatrist, she replied that the hospital could make referrals but that the question is whether Mr. Henry would “see the need for it and avail himself of them.”

33. Dr. Arnold agreed that there were no (known) incidents during the most recent AWOL (December 2024 to June 2025) and during the AWOL in 2018.

34. In response to questions from the panel, Dr. Arnold said she did not know where Mr. Henry lives when he goes AWOL and that he was very guarded about that subject.

35. She reiterated that if given an Absolute Discharge or Conditional Discharge he would likely stop medication and use substances, become stressed, decompensate, and be a significant threat to the safety of the public.

Mr. Henry

36. Asked by his counsel why (he was seeking) an Absolute Discharge, Mr. Henry replied that he has been under the Ontario Review Board for 11 years. Acknowledging his schizophrenia and hearing voices, he said that the Hospital is not “helping me” and that his physical health was deteriorating.

37. Asked if he had a plan for housing if discharged absolutely, he said he was receiving CPP and ODSP and could pay for it.

38. Mr. Henry said he was “not a violent person when I use,” that he is a marijuana smoker and a drinker and uses cocaine and that substances have never been a problem. Mr. Henry added that he would continue taking medication.

39. Asked if there were any violent incidents during the 2018-2019 and 2024-2025 AWOLs, he replied there were none.

40. In response to questions from counsel for the Attorney General about where he was staying while AWOL from December 2024 to June 2025, his reply was the casino at Woodbine. Asked where he slept, he replied that he never slept …not with friends …not with family.

Final Submissions

41. Counsel on behalf of the hospital submitted that a detention order with conditions (the same as the current disposition) was the necessary and appropriate disposition. There has been recent progress following a lengthy period of being AWOL during which Mr. Henry dropped off treatment, was nonadherent to medication, relapsed into substance use, and decompensated.

42. Regarding the issue of significant threat, he said that if the outcome was an Absolute Discharge, there was a significant risk of all of the above-mentioned negative consequences.

43. Agreeing with the submission of counsel for the hospital for a detention order on the same terms as the current disposition, counsel on behalf of the Attorney General added that Mr. Henry had done well in the past, that it was within his power to move forward if he works with the team, and that the AWOLs were significant setbacks to the progress of his treatment

44. Counsel for Mr. Henry reiterated her request for an Absolute Discharge and her position contesting a finding of significant threat.

45. She argued that Mr. Henry was frustrated by the duration of his time under the jurisdiction of the Board, that the index offences were relatively minor, and that after 10 years (following the finding of NCR) he was still detained in a secure unit at CAMH.

46. She further argued that there had been 2 lengthy AWOLs with no known violent behaviour, putting into question the reoffence scenarios in the Hospital Report, and that since his return in June Mr. Henry had been adherent and stabilized.

Analysis and Conclusions

Significant Threat

47. Upon due consideration of the evidence and the submissions of the parties, the Board finds that Mr. Henry remains a significant threat to the safety of the public.

48. The clear and cogent evidence in the Hospital Report and from Dr. Arnold at the hearing is that Mr. Henry suffers from a major mental illness, schizophrenia, with thought disorder, hallucinations, and threatening, aggressive, and assaultive behaviours when symptomatic.

49. He has a history of substance abuse with limited insight into the impact of substances on his mental state and psychotic symptoms.

50. During a 4-day elopement in 2023, he was nonadherent, used substances including cannabis and cocaine, and engaged in further serious criminal conduct.

51. Before returning to hospital in June of 2025 following a 6-month elopement, Mr. Henry had discontinued medication and used substances with a consequent deterioration in his mental state.

52. In the Emergency Department on his return, he presented as psychotic, irritable, and guarded. He refused assessment and expressed frustration about being in hospital.

53. On admission to the ATU he endorsed hearing voices and responded to internal stimuli. His thought form was disorganized, and he had bizarre thought content. He acknowledged using cannabis, cocaine, crystal meth, and alcohol during his AWOL.

54. He continues to lack insight into his mental illness and the negative effects on him of substance use.

55. With the finding that Mr. Henry remains a significant threat to the safety of the public, an Absolute Discharge is not available.

Necessary and Appropriate Disposition

56. We accept the opinion of the treatment team and the submissions of counsel for the Hospital and the Attorney General that a detention order at the Forensic Service of CAMH is necessary and appropriate to manage Mr. Henry’s risk to the public for the reasons set out in the Hospital Report under Team Review of Recommendation, namely that

(a) any return to the community would likely require placement in a supervised accommodation initially to assist in ensuring medication compliance.

(b) given his history of non-compliance with medication, the administration of his medication will need to be monitored, especially since his treatment will need to be monitored especially since his treatment includes an oral daily antipsychotic.

(c) the clinical team would require the ability to approve housing and to rapidly readmit Mr. Henry should medication noncompliance, substance use, or signs of clinical destabilization or AWOL risk indicators emerge; and

(d) he will require high support housing with on-site staff, able to assess his mental state daily for signs of substance use or early decompensation.

57. We also agree with the opinion of the clinical team that a conditional discharge is unrealistic for the reasons set out in para. 56 above.

58. In the result, the Board finds that that the necessary and appropriate, least onerous and restrictive Disposition is continuation of the Detention Order with no change to the terms.

DATED this 19^th^ day of March, 2026, at the City of Toronto, in the Region of Toronto.

Hon. N. Kozloff

Legal Member

Office of the Registrar

Ontario Review Board