Ontario Review Board
Re: Joseph Brady
ORB File No. 8937
Hearing Date: March 4, 2026
Hearing Location: St. Joseph’s Healthcare Hamilton, West 5th Campus
Pursuant to: Section 672.47(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. K. Hand
Dr. T. Stirpe
Ms. M. McKinnon
Mr. K. McKenna
Parties Appearing:
Accused: Joseph Brady
Counsel: Mr. A. Confente
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated March 24, 2026)
Introduction
Mr. Brady was found not criminally responsible (NCR) on November 26, 2025, for the criminal code offence of dangerous driving.
A panel of the Ontario Review Board (the panel) convened this initial hearing on March 4, 2026, at St. Joseph’s Healthcare Hamilton, West 5th Campus (St. Joseph’s or the Hospital) to make a Disposition pursuant to s. 672.47(1) of the Criminal Code of Canada. Ms. Marsen Hopkinson, a friend of the accused, attended the hearing.
At the commencement of the hearing, the Hospital recommended a detention order with privileges that extended to entering the community of Hamilton accompanied by staff or a person approved by the person in charge. Crown Counsel supported the position recommended by the Hospital.
Counsel for Mr. Brady suggested an absolute discharge, but stated, that if the panel determined that Mr. Brady was a significant threat to the safety of the public, he requested that access to the community indirectly supervised be included in the Disposition. He also advised that Mr. Brady, who is a member of the First Nations, was waiving the opportunity of obtaining a Gladue Report for this hearing.
After considering the evidence, the panel concluded that Mr. Brady was a significant threat to the safety of the public, and that a detention order with the terms suggested by the Hospital was necessary and appropriate.
Index Offence
As indicated above, Mr. Brady was found NCR for dangerous driving. He was also before the court charged with robbery, fail to comply probation, attempt break and enter, and possession of property obtained by crime. He was found NCR for the dangerous driving charge only and convicted on the remaining charges. He was sentenced on the remaining charges to 52 days custody in addition to 218 days of pre-trial custody and 2 years probation.
The following is a synopsis of the facts related to the various charges.
Dangerous Driving
On June 1, 2025, at approximately 9:50 a.m. the accused was operating a Ford F150 truck on Martindale Rd. in the City of St. Catharines. He was observed to be travelling at a high rate of speed swerving between vehicles. He was observed to proceed through a red light. He lost control of the vehicle causing it to swerve into oncoming traffic striking two vehicles.
Possession of Property Obtained by Crime
The vehicle driven by the accused on June 1, 2025, had been reported stolen earlier that day.
Robbery
On May 11, 2025, the accused stole three women’s Coach shoulder bags having a total value of $2067.90, from the Coach Canada Outlet store. After selecting the 3 items, a store security employee approached Mr. Brady to ask if he needed assistance. Mr. Brady responded by saying that he had a gun, “do you wanna get shot”? He then fled the store.
Mr. Brady was on probation at the time with a term requiring him to keep the peace and be of good behaviour.
Attempt Break and Enter
On May 30, 2025, Mr. Brady attended the Fairview Mall in St. Catharines at approximately 6:30 p.m. He approached the Karat Jewellers store which was closed at the time. He was observed to strike the glass display case with a long metal pole. He was unsuccessful in his attempts to break the glass and fled the mall.
Evidence
The evidence at this hearing consisted of various court documents that were filed with the Board, a Fitness Assessment dated June 19, 2026, a Hospital Report dated February 24, 2026, the testimony of Dr. Wu, the testimony of Mr. Brady, and the testimony of Ms. Marsden Hopkinson. The Hospital Report contains a detailed review of Mr. Brady’s personal and mental health history.
Mr. Brady is diagnosed with Schizoaffective Disorder and Stimulant Use Disorder.
He has a very lengthy criminal record which begins in 2011 and has approximately thirty-two entries. Eleven of the entries are for Break and Enter. He was also convicted for Assault Cause Bodily Harm on July 27, 2023.
Mr. Brady was initially found unfit to stand trial and a treatment order was issued. He was admitted to St. Joseph’s on June 30th for treatment, and was then found fit. On August 26, 2025. He was found NCR on November 26, 2025.
Mr. Brady was raised in St. Catharines by his mother, Ms. Marie Brady. He did well academically, and after graduating from high school attended Loyalist College in Belleville for one year. He quit school to pursue employment and found work at a Zehrs store in St. Catharines.
In approximately 2011, Mr. Brady was hospitalized and diagnosed with schizophrenia. He continued to live with his mother until his increasing substance use and refusal to take his medication became problematic. Ms. Brady reported that she is now on disability benefits following a back injury, and she is unable to house her son whose mental illness and substance use have escalated in recent years. Mr. Brady uses cannabis daily, and has also used fentanyl, cocaine, and prescription medication illicitly.
Mr. Brady has had nineteen admissions to hospital for mental health concerns since 2011. The reasons for the admissions have followed a consistent pattern of experiencing paranoid and grandiose delusions and auditory hallucinations resulting in bizarre behaviour. He has often been observed to be responding to internal stimuli which at times has been command in nature.
In or around 2012, he was placed on a community treatment order after being found incapable to consent to treatment. There were a couple of occasions when he was brought to hospital on a Form 47 and hospitalized under the Mental Health Act after missing a scheduled appointment to receive his long-acting injectable antipsychotic medication.
When hospitalized and capable to consent to treatment he would regularly refuse any suggested medication. His drug screens often returned positive for cannabis and other illicit substances. On one occasion, Mr. Brady overdosed on fentanyl and had to be resuscitated with Narcan.
Mr. Brady has voiced thoughts of suicide and homicide during episodes of psychosis. In July 2022, he made a noose and tried to hang himself. He indicated that he was hearing voices, but did not accept that he had a mental illness. He advised the staff that he had been without food or shelter for two months and had been banned from many shelters, so he decided to end his life. In 2023, the police were called to his home and found Mr. Brady with a noose around his neck. He expressed auditory hallucinations that were commanding him to hang himself. The recommendation of a long-acting injectable antipsychotic was refused.
During the assessment for fitness to stand trial, Mr. Brady advised the doctor that he was in segregation because the other inmates worked for the Crown and wanted to kill him. He repeatedly expressed concerns that he would be injected with a sedative and die in the same way as Michael Jackson. The Assessment Report describes his delusions as intense.
Mr. Brady has received out-patient care from various sources over the years. He received care from Dr. Santher through the Greater Niagara General Hospital between 2011 and 2015. Between 2015 and 2019, he was supervised by the Assertive Community Treatment Team in St. Catharines on a Community Treatment Order. He was also referred several times to the Outpatient Medication Clinic. Their records indicate that Mr. Brady would repeatedly miss his appointments and would decompensate in the community very quickly.
On the day of his arrest for the dangerous driving charge, Mr. Brady was taken to the hospital after the motor vehicle collision. He shattered the windshield with his head on impact. At the hospital, he became extremely combative and had to be physically restrained.
After his release from detention on April 24, 2025, Mr. Brady returned to his mother’s home even though she was unwilling to have him there. He was using substances and rambling to himself for most of the evening. The following day, Mr. Brady attended the police station to report concerns about human trafficking and people threatening him. He was taken to the hospital by the police and admitted on a Form 1 under the Mental Health Act.
The Hospital Report indicates that Mr. Brady was hyperthymic (animated, high energy, overly enthusiastic) and at times irritable when he was first admitted to St. Joseph’s following the index offence. His affect would rapidly fluctuate from jovial to frustration and irritability. He endorsed numerous delusions of grandeur, such as being employed by the government and being the U.N. Geneva President. He demonstrated limited insight into his condition.
During Mr. Brady’s assessment period in hospital, he continued to experience delusional thought content and he became irritable when his delusional thoughts were challenged. He also persistently exhibited manic-like symptoms, that included pressured speech, agitation, distractibility, and grandiosity. There was limited insight into his delusional beliefs and his manic presentation. He consistently stated that he should not be found NCR and he demonstrated limited appreciation of the extent of his mental health symptoms. There was no violent behaviour, however, that required physical or chemical restraints.
Mr. Brady has been compliant with his monthly antipsychotic injection in the hospital, and he has attended group outings to the courtyard without incident.
Mr. Brady provided his account of the factors that resulted in the index offence and the other charges he faced at the same time. He believed that a famous singer was being exploited which caused him significant distress. He left his mother’s home and lived on the streets or in shelters. His intention was to “freebase cocaine” to relieve his stress. The theft of the Coach purses, and the attempt break and enter at Karat Jewelers were to fund his purchase of cocaine.
With respect to the index offence, dangerous driving, Mr. Brady recounted meeting a man named J. who loaned him the truck. Mr. Brady drove the truck for a few days, occasionally shoplifting and taking the stolen items to a shelter. He described the dangerous driving as being struck from behind by another vehicle and spinning into a guardrail.
Mr. Brady is incapable to consent to treatment, and the Public Guardian and Trustee is his substitute decision maker. Although he contested his finding of incapacity to make treatment decisions, it was upheld by the Consent and Capacity Board on December 9, 2025.
When Mr. Brady was initially admitted to the assessment unit, regulations regarding his telephone use had to be initiated. He believed that he had extensive experience working with government agencies helping victims of sex trafficking, and made efforts to contact various government agencies or politicians to offer his assistance. He would approach female co-patients, or family members of co-patients to offer legal advice.
Contrary to his expressed belief that he was a “champion for all women” he would make inappropriate sexual comments to female staff, and have no insight into the misogynistic nature of his remarks.
His mother and cousins have visited occasionally, and Mr. Brady often requests meetings with Spiritual Services and the Indigenous Support Worker.
Mr. Brady receives his antipsychotic medication by injection every twenty-eight days plus daily medications for anxiety or sleep aids as needed.
There have been various incidents of concerning behaviour that were recorded by the Hospital staff. Following his video appearance in court on September 7, 2025, Mr. Brady became agitated and disorganized complaining that the judge and lawyers were involved in child pornography and sex trafficking. The intensity of these symptoms escalated over the following days, and it became necessary for him to be placed in a locked room until September 11th to manage his risk to others.
Mr. Brady again had to be restrained in a locked room on December 2nd for one night. After receiving the NCR decision, he became confrontational with staff, including his psychiatrist, and repeatedly demanded stimulants. His increasing agitation could no longer be de-escalated by staff and the locked room was required to safely mitigate risk of harm to others.
On January 3, 2026, Mr. Brady was observed in the Quiet Room attempting to have sexual intercourse with a female co-patient. He was fully aware of the rules prohibiting sexual contact between patients.
He and the same female patient engaged in sexual intercourse on January 25th. When confronted about this behaviour, his response alternated between irritability and laughing.
Mr. Brady’s privileges are level 1 passes to the courtyard and fitness room.
A Psychological Risk Assessment concluded that Mr. Brady is a significant risk to public safety. His psychotic symptoms remain active, and when manic, he experiences hyperarousal. He becomes threatening and aggressive in his demeanor. Mr. Brady does not accept that he has a mental illness or receives any benefit from treatment. Without the control of an Ontario Review Board Disposition, he would refuse treatment and his mental condition would decline. His delusions and other symptoms would become more intense and his behaviour would become more erratic and violent. In the opinion stated in the Risk Assessment, Mr. Brady should be precluded from community living at this time.
Testimony of Dr. Wu
Dr. Wu, Mr. Brady’s treating psychiatrist, testified at these proceedings.
He referred to various concerns identified in the Hospital Report. The psychotic symptoms are active, and the delusions have not attenuated with treatment. Mr. Brady continually seeks stimulants. Dr. Wu described limited insight into his conditions and need for treatment. He also noted challenges with rule adherence.
Dr. Wu stated that he is considering initiating a stronger antipsychotic.
For the upcoming year, Dr. Wu believes that psychotherapeutic programming would be beneficial; particularly, Cognitive Behavioural Therapy for psychosis, which could assist with emotional regulation and engagement with the treatment team, and substance use treatment.
Dr. Wu’s belief that Mr. Brady is a significant threat to the safety of the public is also based on the lack of personal supports in the community and the absence of supportive housing.
Crown Counsel reviewed Mr. Brady’s lengthy criminal record with Dr. Wu. It is apparent from the record that Mr. Brady was suspended from driving a motor vehicle at the time of the index offence.
In response to questions from counsel for Mr. Brady, Dr. Wu confirmed that Mr. Brady has been compliant with his medication, and that a referral has been made to the Niagara Assertive Community Treatment Team to get on their waitlist in the event of future community living. Dr. Wu indicated that he does not know if Mr. Brady would be willing to engage in therapeutic programming. Dr. Wu stated that Mr. Brady requires intense treatment in hospital at this time, and does not foresee Mr. Brady being ready for community living in the next year. Dr. Wu also stated that including a community living provision in the Disposition would not be motivation for Mr. Brady to engage more with staff and treatment.
Testimony of Mr. Brady
Mr. Brady testified that he has lived with a friend, Ms. Hopkinson, who was willing to let him live in her apartment. He indicated that he accepts he has schizophrenia and was willing to take his Abilify. He is perfectly fine while on his medications and willing to discuss his mental illness with his treatment team. Mr. Brady believes his thought process has been organized since his admission to St. Joseph’s. He indicated that, if living in the community, he would contact the Niagara Native Culture Centre.
Mr. Brady expressed that he would attend the emergency department if he stopped taking his medication and became ill. The medications have helped Mr. Brady avoid substances. He further expressed that he was willing to pursue counselling and was agreeable to a prohibition from driving.
Mr. Brady acknowledged to Crown Counsel that he lived with Ms. Hopkinson in 2022 or 2023, and she may have acted as his surety.
Testimony of Ms. Marsden Hopkinson
Ms. Hopkinson testified that she and Mr. Brady’s mother are friends and that she has known the accused for many years. She advised that Mr. Brady has lived with her in the past in her three-bedroom apartment, and she was offering to have him live with her.
Ms. Hopkinson said that she would ensure that Mr. Brady takes his medication and avoids substances.
Submissions
In its submissions, the Hospital stated that Mr. Brady is a significant threat to the safety of the public, and stressed that the NCR finding is very recent. Counsel stated that the issues of non-compliance with medication and use of substances have yet to be addressed. The symptoms are proving to be refractory at this time, and Mr. Brady lacks insight into his illness and the need for treatment. Counsel submitted that privileges should extend to accompanied access to the community.
Crown Counsel expressed her agreement with the Hospital’s submissions. She referred to the lengthy criminal record with numerous offences of violence including robbery and threats, as well as, many breaches of court orders.
Counsel for the accused stated that he would simply rely on the evidence concerning the issue of significant threat. He referred to a residence being available for Mr. Brady. He also referred to Mr. Brady’s evidence, and submitted that Mr. Brady is now committed to medication compliance, and that he no longer has any intent on using substances. If the panel finds that Mr. Brady is a significant threat, counsel recommended a term in the Disposition permitting community living in the catchment area of the Hospital to include the Niagara area.
Analysis
The panel concludes that Mr. Brady is a significant threat to the safety of the public, and that a detention order with the terms recommended by the Hospital is necessary and appropriate.
Firstly, Mr. Brady has a very lengthy criminal record with many convictions for offences of violence and breaches of court orders.
He also has a lengthy history of significant substance use that includes cannabis and cocaine.
He has been experiencing psychotic symptoms since 2011 which coincides with the beginning of his criminal convictions. The symptoms are severe and continue to be persistent. His history demonstrates a consistent pattern of non-adherence to medication and relapses into psychosis which resulted in admissions to hospitals.
When Mr. Brady becomes psychiatrically unwell, he becomes agitated and physically aggressive. This has often required chemical and physical restraints. The Hospital Report states that, due to his severe psychotic and stimulant use illnesses, he has had significant impairment of his social, educational, vocational, and interpersonal areas of functioning.
He is incapable of consenting to treatment, and the symptoms, such as, delusions of grandiosity are refractory.
Mr. Brady has demonstrated a disregard for the rules imposed by the Hospital. An example is the sexual contact with a female patient on two occasions knowing that such contact was not permitted.
Mr. Brady must remain in the Hospital to be properly treated and to protect the safety of the public. If living in the community, Mr. Brady would avoid treatment and seek illicit substances. The result would be a dramatic decline in his condition with more frequent and intense psychotic symptoms. There would be a corresponding decline in his behaviour, and as the evidence indicates, a prevalence of agitation, aggression, and physical violence. The doctor’s evidence was that he would quickly decompensate in days to weeks. For the same reasons, it is also inappropriate to permit Mr. Brady access to the community indirectly supervised.
Indirect supervision in the community would not be sufficient to manage the risk to public safety. In addition to likely using substances, he has demonstrated by his history a disregard for rules and direction, and it is likely he would ignore any parameters set by the Hospital when accessing the community indirectly supervised.
It is, therefore, necessary and appropriate that Mr. Brady be subject to a detention order with the terms recommended by the Hospital.
Dated this 24th day of March 2026, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board