Re: Spencer Hambly, 2026 CanLII 26882

Ontario Review Board

Re: Spencer Hambly

ORB File No: 8600

Hearing held on: Tuesday, March 3, 2026 Place of Hearing: Providence Care Hospital Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. J. Weinstein Members: Dr. S. Hucker Dr. G. Kerry Ms. K. Weisbaum Mr. T. Wall

Parties Appearing: Accused: Spencer Hambly Counsel: Mr. M. Ertel

Person in charge of hospital: Counsel: Ms. J. Szabo Representative: Dr. M. Chan

Attorney-General of Ontario: Counsel: Ms. A. Scott

REASONS FOR DISPOSITION

(Dated March 24, 2026)

Introduction:

1On August 1, 2024, the accused, Spencer Hambly, was found not criminally responsible on account of mental disorder on charges of storage of a firearm carelessly, and possession of a firearm with altered serial (x4), all contrary to the Criminal Code of Canada ("Criminal Code".) Mr. Hambly's currently subject to a Disposition dated May 13, 2025, which discharges him on certain terms and conditions.

2On March 3, 2026, the Ontario Review Board (the "Board") convened a hearing at Providence Care Hospital ("Providence", or "the Hospital"), Kingston, to conduct Mr. Hambly's annual review hearing pursuant to section 672.81(1) of the Criminal Code. Mr. Hambly attended his hearing and was represented by his counsel, Mr. M. Ertel. Also in attendance were Mr. Hambly's parents. A hospital report dated February 19, 2026, (the "Hospital Report") was marked as Exhibit 1.

3The issues for the hearing were whether Mr. Hambly continues to meet the threshold of significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.

4For the reasons set out below, the Board found that Mr. Hambly no longer poses a significant threat to the safety of the public and that the necessary and appropriate disposition is that he be granted an absolute discharge.

Position of the Parties

5At the outset of the hearing, the parties indicated the positions they anticipated taking.

6Ms. J. Szabo, on behalf of the Hospital, indicated the position was that Mr. Hambly no longer presented a significant threat to the safety of the public, and the hospital was recommending an absolute discharge.

7Mr. A. Scott, Counsel for the Attorney-General, opposed an absolute discharge and recommended a conditional discharge under the same terms and conditions as in the existing disposition.

8Counsel for Mr. Hambly, Mr. Ertel, agreed with the Hospital that Mr. Hambly should be granted an absolute discharge.

Index Offences

9The index offences are set out in the Hospital Report and is summarized as follows:

"On the 5th of March 2022 Kingston Police received a complaint from a concerned neighbour of the accused indicating that the accused, Spence HAMBLY was exhibiting concerning behaviour and making utterances of having firearms and hostages. This behaviour had been going on for about a day now.

Police were dispatched to the residence of the accused to check on his welfare. Upon arrival, officers noted that the accused could be heard screaming and rambling on. Officers attempted to make contact however the accused refused to provide his name or any other information. The accused advised responding officers that he was advised by the Dutch embassy to take up arms and not answer the door. Accused also claimed to be (actor) Nicholas Cage as well as other personalities such as "Chad" and "Chris." Police heard the accused state that he was going to grab his gun and protect the door.

At this time it was evident that the accused was suffering from a mental health episode. Officers on scene became aware that the accused had a valid firearms licence, specifically a Possession and Acquisition Licence (PAL) with a restricted firearms authorization.

At this time, having received verbal indication from the accused that he was arming himself, and protecting the door, with the safety of officers and the public in mind, Police began the process of considering this incident to be a potentially armed and barricaded person.

Officers found a position of safety and continued to call out the accused while further resources were put in place. The Kingston Police Emergency Response Unit and Incident command were both activated and attended the scene. The incident proceeded into a standoff which lasted for more than eight hours. Emergency Response Unit members continuously called out to the accused, attempting to make contact. The apartment complex was evacuated, and the street was shut down to prevent injury/death to the public. During the standoff, the accused made varied utterances of nonsense and appeared to speak to himself and carried different vocal personalities.

The standoff concluded after the Emergency Response Unit made entrance to the residence and apprehended the accused. The accused at this time was apprehended under the Mental Health Act as his actions were deemed an immediate safety risk to himself and others, while suffering from a mental health crisis.

At 12:55AM on March 6th, 2022, Kingston Police Emergency Response Unit members made entry into the accused apartment. At this time, Police were aware that there was a gun like object on the couch in the living room. The object resembled a Glock Pistol.

At the time of the arrest, the accused provided resistance, and it took several officers to complete the arrest. Conducted Energy Weapons (tasers) were deployed as the accused was combative. Once the accused was apprehended, Constable Whitney of the Emergency Response Unit approached the couch. Constable Whitney found the gun to be a full functioning Glock pistol. The gun was loaded with a full magazine and was in a "readied" state with a round in the chamber. The gun was not stored in a fashion consistent with the regulations prescribed in the criminal code. As such the accused is charged with one count of Careless storage of a firearm (Count #1 ).

Once the accused was removed from the residence, Kingston Police entered the residence and seized all firearms and ammunition for public safety purposes. Within the spare room/office of the residence were two gun lockers. Both lockers were locked. Using a key located in the residence, the lockers were opened and 13 other rifles as well as 3 hunting bows and a wealth of ammunition was located. All of ammunition, firearms and bows were seized for public safety purposes and transported back to the Kingston Police station where firearms/ammunition/bows were itemized into an exhibit list.

During the itemization of the 14 firearms, a total of 4 of the firearms were found to have the serial numbers ground off.

Police located within the gun safe an SKS semi automatic rifle with a synthetic sock to have the serial number ground off. As a result the accused is charge with one count of possessing a firearm with an altered serial number (Count #2)

Police located within the gun safe a Winchester Model 94 lever action rifle with the serial number ground off. As a result, the accused is charged with a one count of possessing a firearm with an altered serial number (Count #3)

Police located within the gun safe a New England Firearms 22 calibre break barrel rifle with a ground off serial number. As a result, the accused is charged with one count of possessing a firearm with an altered serial number (Count #4)

Police located within the gun safe a Remington Model 700 bolt action rifle with the serial number ground off. As a result, the accused is charged with one count of possessing a firearm with an altered serial number (Count #5)

All items seized were placed into appropriate property room storage lockers."

Background History

10The Hospital Report includes a detailed account of Mr. Hambly's personal history, including his history prior to the index offences, as well as his legal, substance use and psychiatric history. The detailed contents of the Hospital Report will not be reiterated here, but the following salient points from it are noted.

11Mr. Hambly is 34 years of age. He is the eldest of 3 boys. He met developmental milestones at expected times and had no major behavioural problems. There is no reported history of childhood trauma or abuse. His medical history is "unremarkable."

12Mr. Hambly described his childhood as "great" outside of school. He was active, enjoyed hockey, biking, swimming, and fishing. He was not a troublemaker. School was "hard" due to a learning disability, though he did well with supports. Although he was diagnosed with dysgraphia around grade 4, he maintained good grades and completed high school.

13Mr. Hambly began working at age 15 at Canadian Tire in the outdoor equipment section, remaining there until college. The role required a firearms permit due to the sale of hunting gear. He reported interests in hunting and various outdoor activities.

14Mr. Hambly completed a one-year electrical techniques course at Fleming College, held several short-term jobs and later secured work with Hydro One. While living with his parents, he managed his finances independently As an apprentice lineman with Hydro One, he worked long, unpredictable hours and lived out of hotels for years. His mental health difficulties appear to have developed during this period in northern Ontario. The travel and schedule led to a loss of connection with friends.

15Mr. Hambly has been on long-term disability since 2018 through Hydro One, with benefits to age 65. These have allowed him to live independently. He has enough funds to purchase a new truck and be approved for a mortgage.

Legal History

16According to the Hospital Report, Mr. Hambly has no prior criminal record.

Substance Use History

17Mr. Hambly reported starting cannabis use in late adolescence while in college. Collateral records indicate onset at age 15, with daily use beginning in college. He has used cannabis regularly since, smoking about 0.5 to 1.0 grams per day. He purchases from local dispensaries and prefers indica strains with roughly equal CBD and THC. Collateral information also notes past medical marijuana use for anxiety and prior use of higher THC strains. He has also been prescribed nabilone.

18A prior psychiatric assessment noted a "drinking and drug culture" at Hydro One. Mr. Hambly's alcohol use reportedly increased but was "not heavy" (quantity and frequency unspecified); he described having an occasional glass of bourbon. He also reported trying cocaine once in early adulthood.

Psychiatric History

19Mr. Hambly's mental health difficulties emerged in early adulthood after college. While his parents observed gradual changes, he attributes onset to work stress in northern Ontario involving long hours, isolation, conflict and a fatal 2017 helicopter crash involving acquaintances, including one good friend. He became preoccupied with workplace safety after two further workplace incidents, one involving catastrophic injuries to another worker. He was sleeping very little and developing paranoia that coworkers, supervisors and even his parents were acting against him. His functioning deteriorated significantly, including isolation (living in a camper van in the woods) and paranoid behaviour at home (e.g., covering windows, fearing surveillance). Medication initially helped, but he stopped it and relapsed.

20In 2018, Mr. Hambly was hospitalized with paranoid delusions and suicidal ideation after arming himself to confront perceived adversaries. (He had been waving firearms and loading them into his truck with the intention of confronting people in northwestern Ontario, prompting police involvement.) He later denied psychosis, attributing events to distress. He was discharged on olanzapine with concerns about firearm access, which was raised with the RCMP.

21Mr. Hambly was treated in an early psychosis program with diagnoses including brief psychotic disorder, cannabis use disorder and mood/anxiety symptoms. He also received psychoeducation, including harm reduction around cannabis use.

22By late 2019, Mr. Hambly's psychosis was considered in remission following therapy and support. He relapsed in 2020 in the context of stress, poor sleep, and increased THC use, and was restarted on antipsychotics; he remained resistant to reducing his use of cannabis.

23By 2021, Mr. Hambly's diagnosis shifted toward trauma-related and personality factors. Antipsychotics were discontinued and schizophrenia was considered ruled out at that time. He declined substance use treatment.

24After discharge, Mr. Hambly's condition deteriorated significantly, with delusions, hallucinations and disorganized thinking. Attempts to re-engage him in care were unsuccessful.

25In March 2022, following the index offences, Mr. Hambly's was readmitted in acute psychosis, diagnosed with schizophrenia, and treated with injectable antipsychotics, though he disputes aspects of the admission. He was placed on a Community Treatment Order (CTO) and connected with ongoing care; his psychiatrists have maintained his diagnosis of schizophrenia, noting coexisting trauma. His CTO has been renewed multiple times. He has shown significant improvement in functioning and family engagement, although ongoing suspiciousness and cannabis use persist.

26By late 2023 and early 2024, Mr. Hambly had stable mood, although with ongoing sleep disturbance, anxiety and some residual paranoid beliefs. He has insight, attributing some of his symptoms to PTSD, and his treatment has focused on medication adherence, stability, sleep, therapy and cannabis reduction.

Current Diagnosis

27Mr. Hambly's current diagnosis is Schizophrenia.

Evidence at the Hearing—oral evidence of Dr. Chan

Questions from Ms. Szabo for the Hospital

28In response to questions from Ms. Szabo, Dr. Chan stated that he had no new updates to the Hospital Report. Mr. Hambly is no longer a significant threat to the safety of the public. His opinion was based on his role as the psychiatrist who monitors Mr. Hambly's risk in conjunction with the treatment team over the past year, not as his treating psychiatrist. Mr. Hambly has sometimes viewed the team as adversarial, bringing a friend or his mother to meetings with Dr. Chan, viewing the hospital team somewhat suspiciously. Mr. Hambly has also worked closely with the community ACT team, including with Dr. Delva (the ACT team psychiatrist), which has gone quite well. Having both a forensic and community team is not common but has been very beneficial for Mr. Hambly.

29Mr. Hambly is close to his family; he visits his parents every weekend at their home outside the city. His parents know they can call the hospital any time if they have concerns about Mr. Hambly's mental health. Around the time of the index offences, Mr. Hambly's family was seeking help for him from the civil mental health system but were unable to find help.

30Under the Board, Mr. Hambly has done well. His risk factors were recorded by Dr. Douglas last year and remain relevant. Mr. Hambly is very meticulous about rules and keeping appointments; he gets upset when people are late. Currently, "he's in a good frame of mind" and is doing quite well. He has told the team stories about living in his building, i.e., about noise and his landlord and about neighbours speeding on parent's road (related to which he has taken steps to soundproof his apartment and has installed an outdoor security camera system at his parents' home.)

31Mr. Hambly has indicated to Dr. Chan that he intends to stay on his antipsychotic medication, which Dr. Chan described as "a crucial variable." If Mr. Hambly stopped taking his medication, his risk would increase. Mr. Hambly frames his diagnosis as "a trauma thing", however, he admits that he will continue to require his medication (Abilify), which in Dr. Chan's view is key to Mr. Hambly's success. If Mr. Hambly was to say he wanted to stop taking Abilify, Dr. Chan would have concerns.

32Dr. Chan received a written report about Mr. Hambly from Dr. Delva, reporting that Mr. Hambly is doing well, has been taking his antipsychotic medication and intends to continue to do so. This gives Dr. Chan confidence with respect to the ACT team managing Mr. Hambly going forward. Dr. Delva, who works in tandem with the ACT team, manages Mr. Hambly's medication very strictly, with the ACT team delivering Mr. Hambly's antipsychotic medication every three days. The ACT team also completed a home visit with Mr. Hambly and will continue to work directly with him.

33There is currently no indication that the ACT team's involvement is time limited in any way. Mr. Hambly was previously on a CTO, which was lifted in the fall of 2025. Dr. Chan stated that he has complete confidence in the ACT team and Dr. Delva. Dr. Devla is also aware that the Hospital is requesting an absolute discharge for Mr. Hambly.

34Mr. Hambly is capable to consent to treatment. He could stop his antipsychotic medications if he wanted to. If he deteriorated, Dr. Delva would be able to apply civil mechanisms, i.e., provisions in the Mental Health Act (MHA). Dr. Chan noted that the ACT team offers the highest level of community involvement in relation to mental health care.

Questions from Mr. Scott for the Attorney General

35In response to questions from Mr. Scott about possible civil remedies and the statement that the MHA would not compel anyone to reassess Mr. Hambly if there was a fluctuation in Mr. Hambly's mental state, Dr. Chan stated that Mr. Hambly is seen twice a week by the ACT team, who would observe anything concerning; with respect to the possible need for an assessment, e.g., admission under an MHA Form 1, this would mean face to face contact with health professionals and the possibility of an admission to the general hospital system.

36Mr. Scott proposed that if granted an absolute discharge, Mr. Hambly could decide not to see the ACT team, or not take medications and that, without medication, there would be a concern that Mr. Hambly would relapse and then be a risk. As an example, Mr. Scott pointed to Mr. Hambly having persecutory delusions and command hallucinations in the past, which were tied to weaponry in an effort to protect himself. Mr. Scott referred to the Hospital Report at page 12 and referenced the phrase "deadly combination", used by Dr. Chan regarding concerns about any combination of decompensation and access to firearms, and to page 22, where Dr. Chan noted that he had been "previously wavering" a month prior to the hearing on his opinion of Mr. Hambly's risk.

37In response, Dr. Chan stated that it was correct that he had concerns approximately one month prior to the hearing about Mr. Hambly's risk, however, as also noted in the Hospital Report at page 22, his concerns were addressed in discussion with Mr. Hambly, as well as with the ACT team and Dr. Delva. With respect to Mr. Hambly's insight about his mental illness, Mr. Hambly accepted Dr. Chan's explanation that both trauma and psychosis are parts of his symptoms, which are chronic, and agreed that he needs to take his antipsychotic medications because of the benefits he experiences. Mr. Hambly had also accepted he had a psychotic presentation in 2022. Mr. Hambly does not accept the diagnosis of schizophrenia, as he resists the associated stigma, but again, he does accept that he has a psychosis and that he needs to stay on antipsychotic medication for that.

38With respect to his insight, Dr. Chan reiterated that it is correct that Mr. Hambly did not accept the diagnosis of schizophrenia. In 2021, prior to the 2022 index offence, Mr. Hambly was able to convince his team that he was not psychotic and was subsequently taken off antipsychotic medication, after which he was discharged and later relapsed.

39Dr. Chan noted that the psychological risk assessment March 14, 2025, was now a year old and he did not see it as a current concern; he reiterated that Mr. Hambly intends to stay on his medication. Mr. Hambly was on a CTO until sometime in the fall of 2025. A CTO could be used again to address any future relapses. He has been taking his current dose of Abilify at 20 milligrams daily for the past year, a medication that he has taken for approximately four years. He started an antacid four to five months ago regularly to address stomach issues he believed were related to Abilify and is currently symptom free.

40Dr. Chan stated that Mr. Hambly continues to use cannabis, which he obtains through a prescription, as well as nabilone. Mr. Hambly's cannabis use is a concern because of the THC content, which can push a person "over the edge" into psychosis. In Mr. Hambly's case, this is a delicate balance with his medication and "could tip the scales" into relapse, as could stress. It is "a sacred cow" and "a touchy subject" with Mr. Hambly, who has indicated that he has no intention of stopping his use of cannabis, which he believes he requires for sleep. He has not accepted offers of counselling for cannabis use. Dr. Chan stated that other clinicians who treat Mr. Hambly would be concerned about the amounts of THC. Dr. Chan stated that it would be interesting to see how Mr. Hambly did if he decreased his marijuana consumption. Current sources of stress for Mr. Hambly include noise from neighbours; if he identifies with a grievance with a neighbour, then that person could be a subject of his risk.

41Losing the ability to use firearms was difficult for Mr. Hambly, because he used to be a hunter and avid outdoorsman. He might seek access to firearms in the future through normal processes. Dr. Chan did not know Dr. Delva's position on Mr. Hambly and firearms.

Questions from Mr. Ertel

42In response to questions from Mr. Ertel, Dr. Chan agreed with the following:

• Mr. Hambly is a meticulous rule follower;
• Mr. Hambly's right to possess firearms had been taken away from him, given the nature of the index offences and charges; he would follow normal processes if he were to seek a firearms license again;
• Mr. Hambly has not been involved in a criminal subculture, nor did he acquire a gun for that purpose;
• Mr. Hambly has followed the rules of the ACT team and Dr. Delva; he is being monitored several times a week by the ACT team; the "balance" between taking his medication and use of cannabis has held since 2022 and he has continued to take Abilify since then; "The balance seems to be holding."
• In 2021, Mr. Hambly's parents tried everything they could to get him treatment; they continue to be very active in monitoring him and have a close relationship with the ACT team;
• Mr. Hambly's CTO has ended, but Mr. Hambly has voluntarily continued in the ACT program and regularly meets with the ACT team; if Mr. Hambly decompensated, he could be put back on a CTO by Dr. Delva and the ACT team;
• With respect to his insight, Mr. Hambly does not agree with the diagnosis of Dr. Chan and Dr. Delva, however, he is clear that the medication he takes is of great benefit to him and continues to adhere to his medication regimen.

Questions from the panel members

43In response to questions from the panel members, Dr. Chan stated that limits on access to firearms meant that Mr. Hambly could not hunt, which was a great loss to him. In discussions with Dr. Chan, the use of firearms for anything other than hunting had never arisen and Dr. Chan did not think Mr. Hambly had any other psychological attachment to firearms, e.g., a fascination for weapons. Dr. Chan reiterated that Mr. Hambly is a law-abiding, rule-conscious type of person. When he was in a psychotic state in the past, he did not follow rules.

44Mr. Hambly currently takes oral Abilify, an antipsychotic medication. He was previously on injectable Abilify but believed it had side effects that impacted his stomach. The stomach issues might have been caused by something else, but Mr. Hambly insists that his stomach symptoms get worse on the long-acting injectable. Dr. Chan acknowledged that in general, long-acting injectable antipsychotic medication reduces the risk of readmission and psychosis but added that Mr. Hambly is happy to take oral medications and be supervised.

45Dr. Chan stated that with respect to concerns for Mr. Hambly using cannabis, THC and nabilone, Mr. Hambly is aware of the related concerns and risks and that he has a vulnerability to tip over into psychosis because of THC. He reiterated that Mr. Hambly's risk is currently contained, given all of the variables discussed; it can fluctuate, depending on variables (e.g., cannabis, or stress); he needs to continue to be monitored by his care team. Dr. Delva from the ACT team is confident that monitoring can be maintained without having a CTO in place for Mr. Hambly.

46Mr. Hambly's trauma resulted from chronic severe harassment by co-workers when he was working with Hydro One. Whether the trauma was the cause of the psychosis, or whether the psychosis came first, he recognizes that the medication he takes is beneficial. He plans to seek counselling in the future to process his trauma.

47Mr. Hambly is on a disability pension, and it is not clear if he has an interest in future employment. He is concerned about jeopardizing his pension if he finds work, or even if he takes college courses. Mr. Hambly would benefit from a meaningful hobby. Socially, he tends to be relatively isolated and needs to work on that. He has enjoyed social activities as part of the hospital's programing, like bowling.

48Dr. Chan stated that he had not considered the glock pistol found among Mr. Hambly's 14 firearms and mentioned in last the Board's previous reasons, which might raise further questions. He did not believe that Mr. Hambly has any interest in firearms beyond hunting.

49With respect to the kind of situation in which someone with Mr. Hambly's profile might relapse, Dr. Chan stated that precipitating factors would be part of Mr. Hambly's immediate living situation and any persecutory content, e.g., if he believed his neighbours were spying on him. His ACT team will monitor him for any signs of relapse. Mr. Hambly knows that he must always remain connected to his ACT team. The team will monitor his psycho-social stressors.

50Mr. Hambly had ruminated somewhat about a prohibition on alcohol in his previous Disposition, stating he enjoyed an occasional beer. However, to Dr. Chan's knowledge, he had remained adherent to abstaining from alcohol. Any negative effects going forward would be monitored by the ACT team. Dr. Chan noted that Mr. Hambly has known his ACT team much longer than he has known Dr. Chan.

51Mr. Hambly has always been a chronic cannabis user; however, cannabis was not a factor in his index offences, rather, the key factor was his treating team stopping his medication.

52With respect to housing, Mr. Hambly is concerned because his apartment building has been sold, and he believes that the new landlord might try to get him out of the building. Dr. Chan had some concern about Mr. Hambly's risk and mental state, should he lose his housing, which is a potential stressor. However, Mr. Hambly has not shown any signs of decompensation over the past year. He uses cannabis but has adhered to his medication regimen and has remained tied to his treatment team, which are key to his risk.

53Mr. Hambly has some underlying paranoia (e.g., he brings his parents to his appointments with Dr. Chan) because of his personality features, which may be magnified if he goes into psychotic relapse. His paranoia is a personality variable, but is not itself a risk, rather, his risk relates to his risk of a psychotic relapse. Mr. Hambly's rigidity in his personality structure is "a double-edged sword"; it means he is prone to ruminating but also makes him a good rule keeper.

54Dr. Chan reiterated that if Mr. Hambly stopped taking Abilify, and given he will continue to use cannabis, he could decompensate within a few weeks, depending on other factors, such as stress. His ACT team, which visits him twice a week, would be able to intervene to involve the treating psychiatrist. Mr. Hambly could be admitted to hospital on a Form 1 initially under the Mental Health Act. If Mr. Hambly was not subsequently admitted and then decided to leave the hospital, it would be up to the outpatient case managers from ACT team to be proactive, i.e., continue to monitor him, more intensively/frequently if needed and alert his treating psychiatrist immediately. His family would also become involved.

Questions arising following questions from the panel members

55Following the questions from the panel members, in response to further questions from Ms. Szabo, Dr. Chan stated Mr. Hambly could currently choose to stop taking Abilify. It is less likely that Mr. Hambly would stop his medication compared to other patients with similar profiles, for whom there would be a "50/50 chance." Dr. Chan agreed with Ms. Szabo's statement that Mr. Hambly adheres to his medication regimen due to his "internal compliance."

56Mr. Scott had no further questions.

57In response to further questions from Mr. Ertel, Dr. Chan confirmed that with respect to Mr. Hambly's long term disability pension and any requirement by his employer for regular input from medical professionals to maintain relevant information, it would be up to Dr. Delva to provide such information going forward. If Mr. Hambly lost his housing, he has sufficient resources to find a solution. Nevertheless, it has caused Mr. Hambly some worry. He visits his parents regularly and the ACT team would involve them as needed.

58No further evidence was presented.

Closing Submissions

59Ms. Szabo submitted that Mr. Hambly is no longer a significant threat to the safety of the public. An absolute discharge is warranted; Mr. Hambly's risk does not need to be zero; his insight need not be perfect. Winko¹ requires more than "could" or "might".

60Regardless of what he calls his illness, Mr. Hambly has been forthcoming about knowing he needs to take his medication in perpetuity. His insight is quite good. If he relapses, he has the highest level of support in the community from the ACT team. While it is unusual that he already has a community team in place that knows him well, there is a reciprocity between him and the ACT team. Additionally, Mr. Hambly is compliant (in the context of being capable); he is internally motivated; he knows his medication helps him; he has a supportive family; he is not on a warrant of committal now; he still works with the team, which sees him twice weekly. Going forward, not a lot will change for Mr. Hambly from how his life is now and how his risk is currently monitored. He will not experience the stress or time involved in transitioning to a different team. While factors other than medication adherence "could tip the scales" into relapse for Mr. Hambly, that has not happened.

61Mr. Scott submitted that Mr. Hambly continues to pose a significant threat to public safety, relying on the six-factor framework set out in the Board's reasons from last year beginning at paragraph 53. Mr. Hambly has a chronic condition involving recurring psychosis. The evidence shows relapses of schizophrenia in 2018, 2020, and 2022. When Mr. Hambly is not optimally treated, there is a real risk of decompensation.

62With respect to medication effectiveness and adherence, Mr. Scott referred to commentary in the Hospital Report at page 19 indicating that Mr. Hambly had previously expressed a desire to discontinue medication. Although this comment is now more than a year old, it remains relevant. While there is more recent evidence suggesting Mr. Hambly's commitment to medication, concerns about adherence persist and as noted at page 22 of the Hospital Report, Dr. Chan was wavering on this issue approximately a month ago and was unable to quantify the likelihood of continued adherence, stating only that it was more likely than not.

63With respect to insight, Dr. Chan testified that Mr. Hambly's level of insight does not itself increase his risk. However, concerns remain regarding Mr. Hambly's limited insight into his diagnosis and ongoing need for medication.

64Mr. Hambly remains vulnerable and highly sensitive to stressors, as noted at page 13 of the Hospital Report; this includes current issues involving neighbours. Although Mr. Hambly has managed these stressors while under the Board's supervision, they may persist once he is no longer under the Board's jurisdiction. If Mr. Hambly were to discontinue medication and decompensate, there is a significant risk of a recurrence of incidents similar to those in 2018 and 2022.

65Mr. Hambly currently demonstrates some insight into the need for medication and has remained adherent to his treatment regimen. However, other risk factors persist, including cannabis use and ongoing stressors. While there is no evidence that Mr. Hambly intends to possess weapons for an illegal purpose, when Mr. Hambly becomes unwell, he does not follow rules, as occurred in the index offence. This raises concern that if Mr. Hambly were again to possess firearms while decompensated, the risk to public safety would increase.

66Mr. Ertel submitted that Mr. Hambly is no longer a significant threat to the safety of the public and, consistent with the decision in Winko, an absolute discharge is warranted. Mr. Hambly's experience on discharge will not be starkly different from his current situation. He will continue to be monitored closely by the same community team that has shared in his monitoring and care. His supervision will continue under Dr. Delva, who is a capable and competent clinician. A year ago, while he desired to stop taking his medication, Mr. Hambly continued to be medication adherent. With respect to access to firearms, Mr. Hambly would need to apply to a judge to obtain firearms legally and there is a formal process that would have to be followed for that to happen. Dr. Chan was frank and thoughtful in his report in making his final recommendation. He was initially wavering, but then carefully considered the facts and was then satisfied, having weighed all the factors in Mr. Hambly's case.

Analysis, Conclusion and Disposition

67Having reviewed all of the evidence, the Board finds that Mr. Hambly no longer represents a significant risk to the safety of the public. In making this finding, the panel considered the definition of "significant threat" in the Criminal Code, section 672.5401 and the principles established in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

68The relevant legal principles to be applied to the evidence with respect to the issue of significant threat are summarized in the decision of the Ontario Court of Appeal in Marmolejo (Re), 2021 ONCA 130 at paragraphs 34 to 37:

...the role of the Board is first to determine whether an NCR accused represents a significant threat to public safety. If the answer to that question is "no", or uncertain, then the NCR accused must be discharged absolutely: Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, [1999] S.C.J. No 31, at pp. 659-61, 669 S.C.R. If the NCR accused does present a significant threat, the Board must either conditionally discharge or detain the individual: Winko, pp. 662, 669 S.C.R.

It is important to bear in mind that the Board's responsibility to grant an absolute discharge is non-discretionary in the event that it harbours any doubt about whether the NCR accused represents a significant threat: Carrick (Re), [2018] O.J. No. 4878, 2018 ONCA 752, at para. 16.

As the majority of the Supreme Court emphasized in Winko, at pp. 652-53 S.C.R.: "Once an NCR accused is no longer a significant threat to public safety, the criminal justice system has no further application."

Individuals with mental disorders are not inherently dangerous: Winko, at p. 653 S.C.R. There is no presumption of dangerousness and no burden on the NCR accused to prove a lack of dangerousness: Winko, at pp. 660-61, 662 S.C.R. Rather, the legal and evidentiary burden of establishing significant threat rests on the Board or the court: Winko, at p. 663 S.C.R.

The threshold for significant risk is "onerous": Carrick (Re) (2015), 128 O.R. (3d) 209, [2015] O.J. No. 6524 , 2015 ONCA 866, at para. 17. A significant threat to the safety of the public means a foreseeable and substantial risk of physical or psychological harm to members of the public: R. v. Ferguson, [2010] O.J. No. 5138, 2010 ONCA 810, at para. 8. The conduct must be of a serious criminal nature: Ferguson, at para. 8. A very small risk of grave harm will not suffice, nor will a high risk of trivial harm: Ferguson, at para. 8. The threat must be more than speculative in nature; it must be supported by evidence: Winko, at p. 665 S.C.R.; Pellett (Re) (2017), 139 O.R. (3d) 651, [2017] O.J. No. 5025, 2017 ONCA 753, at para. 21.

69In making its finding, the panel reviewed all of the evidence, as well as the same six factors used in the analysis of the previous panel in the Reasons for Disposition dated July 28, 2025. In those Reasons, at paragraph 53, the Board stated the following:

"We find six factors, in Mr. Hambly's circumstances at this time, cause or contribute to a significant threat of serious harm to others: (1) his chronic recurring psychosis, which requires management by an effective antipsychotic medication, (2) the unreliability of his adherence to such medication, (3) his vulnerability to stress, including as a result of past trauma, (4) his longstanding cannabis use, and occasional alcohol use, (5) his lack of insight into his key risk factors, and (6) the seriously harmful reoffence that could realistically result from a relapse."

Following this hearing, the current panel was satisfied that the concerns related to each factor have now been addressed.

70First, Mr. Hambly's psychosis, which has been at the core of his risk, has been well managed over the past year on his current medication, oral Abilify at 20 milligrams. Last year, Mr. Hambly believed he experienced stomach upset related to Abilify; however, this was successfully resolved four to five months prior to the hearing by adding daily antacid medication. Additionally, following his discussions with Dr. Chan, while Mr. Hambly does not agree to label his diagnosis as "schizophrenia", he now accepts that his condition includes psychosis, that he benefits from taking Abilify and that he will need to continue to take Abilify going forward. All this bodes well for ongoing medication adherence, related management of his psychosis and, by extension, management of his risk.

71Second, over the past year, Mr. Hambly has demonstrated consistent medication adherence. He is capable with respect to treatment and so could choose to stop taking Abilify; however, he has remained adherent and indicated to Dr. Chan and his ACT team that he intends to continue to be adherent. His intention to remain on Abilify has been, and will continue to be, supported by the ACT team, with team members continuing to visit him twice a week to deliver his medication and monitor his stability. Mr. Hambly has a long standing and constructive therapeutic relationship with his ACT team in which there is shared motivation to keep Mr. Hambly well.

72Third, Mr. Hambly continues to be vulnerable to stress; having to deal with the noise made by neighbours is one example. However, Dr. Chan noted that this sensitivity is related to personality factors and Mr. Hambly has found strategies to cope; for example, taking the initiative to sound-proof his apartment and installing outdoor cameras to monitor use of his parents' laneway. While it is possible that his experience of stress could escalate into behaviours directed at others, this has not happened. In the context of his now well-managed psychosis and related medication adherence, his vulnerability to stress was not a considerable concern for the panel in relation to significant threat.

73Fourth, it is clear that Mr. Hambly intends to continue to use cannabis and it is likely that he may choose to drink occasionally. As Dr. Chan noted, cannabis use and particularly THC can tip patients like Mr. Hambly into relapse. However, and in Mr. Hambly's particular case, the risk that his equilibrium might be disturbed from using cannabis or alcohol must be considered in the context of his other current factors, which include: his medication adherence; his insight into his condition as including elements of psychosis; the benefits that he acknowledges from taking Abilify; and the support and monitoring by his ACT team and Dr. Delva. Within this overall context, the risks associated with cannabis and alcohol are mitigated. In addition, the panel notes that Mr. Hambly was not subject to any restrictions on cannabis in his previous Disposition and that nothing bad has happened as a result.

74Fifth, with respect to his insight, as already described, Mr. Hambly now recognizes he has a psychosis for which he will need to continue antipsychotic medication indefinitely and that he benefits from medication. Additionally, he chooses to take Abilify and to work with his ACT team to stay well, which also reflects positively on his insight.

75Sixth, the panel acknowledges Mr. Scott's concern about the risk of serious harm should Mr. Hambly relapse. However, and again considering all of the factors taken together, the panel notes that there is a plan of care already in place to support Mr. Hambly, which includes his parents, as well as Mr. Hambly's own conviction to work with the ACT team and Dr. Delva to stay well. In addition, the panel was satisfied from the evidence that the ACT team and Dr. Delva would be able to apply the civil mechanisms of the MHA, should Mr. Hambly's risk escalate. The plan of care is not perfect, nor does it ensure zero risk. Nevertheless, it is compatible with the principles in Winko.

76The threshold for significant risk is onerous. A significant threat to the safety of the public means a foreseeable and substantial risk of physical or psychological harm to members of the public. Having considered all of the evidence, the Board is unable to conclude that Mr. Hambly continues to pose a significant threat to the safety of the public. Accordingly, the Board orders that he be absolutely discharged

77The Board congratulates Mr. Hambly and wishes him well.

Footnotes

1. 1Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.