Re: Paul Deschamps-Giroux
ORB File No: 8120
Hearing held on: Monday, February 23, 2026
Place of hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein Members: Dr. R. Kunjukrishnan Dr. G. Boulais Mr. P. Hageraats Mr. R. Rainboth
Parties Appearing:
Accused: Paul Deschamps-Giroux Counsel: Mr. F. Horn
Person in Charge of Hospital: Representative Dr. J. Gojer
Attorney General of Ontario: Counsel: Mr. J. Wright
REASONS FOR DECISION & DISPOSITION
(Dated March 12, 2026)
Introduction:
On March 22, 2022, Mr. Paul Deschamps-Giroux, was found not criminally responsible on account of mental disorder, on a charge of sexual assault, contrary to the Criminal Code of Canada (the "Criminal Code").
Mr. Deschamps-Giroux is currently subject to a Disposition of the Ontario Review Board (the “Board”), dated October 16, 2025, detaining him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (“Royal Ottawa”).
Pursuant to s. 672.56(2) of the Criminal Code, Royal Ottawa notified the Board, by letter dated October 30, 2025, that Mr. Deschamps-Giroux’s liberty had been restricted: On October 23, 2025, Mr. Deschamps-Giroux was transferred from the community to the Forensic Assessment Unit of the Royal Ottawa.
By letter dated December 5, 2025, Royal Ottawa requested from the Board a variance to paragraphs 2(g) and 2(f) of the current Disposition; the hospital wanted to allow Mr. Deschamps-Giroux to enter the communities of Ottawa or Cornwall, indirectly supervised, and to live in the communities of Ottawa or Cornwall, in approved accommodation. The treatment team would also like to add a provision allowing Mr. Deschamps-Giroux to attend a residential treatment program anywhere in Ontario, for up to six months.
On February 23, 2026, a panel of the Board convened a hearing at Royal Ottawa to review the restriction of Mr. Deschamps-Giroux’s liberty, pursuant to s. 672.81(2.1) of the Criminal Code and to consider the requested variances of his current Disposition.
Mr. Deschamps-Giroux was present at his hearing and was represented by his counsel, Mr. F. Horn.
An update to the Hospital Report ("ROL Report"), dated December 12, 2025, was entered as Exhibit 1.
The issues at this hearing are whether the hospital’s decision to increase the restriction on Mr. Deschamps-Giroux’s liberty was warranted, necessary and appropriate at the time of its onset and whether it continues to be so.
The next issue is the appropriateness of the variance to his current Disposition.
For the reasons outlined below, the Board finds that the restriction of Mr. Deschamps-Giroux’s liberty on October 23. 2025 was significant; it was necessary and appropriate; it represented the least onerous, least restrictive, measure at the time it was imposed; and it continues to do so. The Board also agreed with the hospital’s variance recommendations.
Positions of the Parties:
- Dr. Gojer ,appeared by video conference, as the representative of the hospital and as the most responsible physician, Counsel for the Attorney-General and Counsel for Mr. Deschamps-Giroux advised that this was a joint recommendation; all agreed that the initial restriction of liberty was necessary and appropriate; it represented the least onerous, and least restrictive, measure at the time it was imposed; and it continues to do so. All agreed with the hospital’s recommendations for a variance of his current Disposition.
Index Offence
- The circumstances giving rise to the Index Offence are extracted from the most recent Reasons for Disposition, dated October 16, 2025, with identifying information redacted, as follows:
“On January 26th, 2020, the victim was working at the CCH as a security officer.
At approximately 1620 hours, the victim was requested to attend the psychiatric ward located on the fourth floor of the hospital to assist with accused, Paul Deschamps-Giroux, as he was not cooperative.
At approximately 1700 hours, the victim entered into the accused room and observed him, to what she believed, masturbating as he was sitting on the toilet with a bed sheet covering him up. She further explained that his hand was making an up and down motion above his crotch area.
At approximately 1730 hours, the victim and witness, re-attended the accused room to give him direction to stay in his room as he was being uncooperative.
While the victim and witness were walking out of the room, the accused jumped out of his bed and lunged towards the back of the victim placing both arms round her chest area squeezing her firmly. While the accused was holding the victim in a bear hug, the victim felt the accused penis to be erect. He then began to sway his hips side to side approximately three times rubbing his erect penis on the victim's buttocks area. At that point, the victim yelled out for assistance and the witness attempted to separate the accused from the victim. However, he was unable to do so because he had a strong grip on the victim. Shortly after, the victim, the witness and the accused landed to the floor when he straddled his legs around the victim's waist area.
The accused was later restrained in the restraint stretcher due to his behaviour.
At 2000 hours, Cst. Whitehorne obtained a statement from the victim with regards to the above investigation. The victim advised she was fearful for her safety and wished to proceed with criminal charges. The victim did not require medical treatment as there was no penetration.
At 2150 hours, Cst. Whitehorne attended CCH and met with Mr. Deschamps-Giroux. The accused was placed under arrest for sexual assault, contrary to Section 271 of the Criminal Code.
At 2151 hours, the accused was advised of his full rights to counsel and caution to which he understood and waived his right to contact a lawyer. While under caution, the accused said, "I recall the events."
Reasons for Restriction of Liberty:
- The ROL Report provides the reason for the restriction of liberty as follows:
“Mr. Deschamps-Giroux was readmitted on the 23rd of October 2025. His admission was triggered by his family contacting Mr. Robin’s, his assigned social worker that Paul was doing drugs and very unwell. Mr. Robins visited Mr. Deschamps-Giroux at his apartment in Cornwall, and he noted the following:
Family report that pt. received a retro cheque from unemployment, approximately $12,000 on Wednesday of last week. According to family, he spent all of it on crack cocaine.
Pt. answered the door when writer knocked. There was dried blood on the floor in several spots. According to pt., he cut his foot on a log. He said he was balancing on this log and cut his foot. Writer encouraged him to seek medical attention for this cut.
He reports that he has not used in a few days as he has run out of substances and money.
He did mention using up all of his unemployment retro cheque on crack cocaine.
His apartment is in rough shape. Holes in the walls, sticks and a massive log lying in the middle of his apartment. He smashed some holes in the walls with his foot, but many smaller holes that he made with sticks. He wrote on the wall in a few spots. It was hard to make out what he wrote.
He had headphones on his head and was not listening to music. Pt. stated that it was keeping his ears warm.
He ripped the hood fan off the wall from above the stove. He said it was broken.
Pt. reported that he is several months behind in rent and will be evicted soon, as well lots of damage in the apartment.
Pt. stated that he was willing to come into hospital.
He has not been seeing his addictions counselor in the community. Will make arrangements with Dr. Gojer to see pt. asap.
Mr. Deschamps-Giroux attended voluntarily with his sister. He presented as somewhat disheveled and unkept. His speech was vague and disjointed. He was looking around furtively and appeared to be responding to visual or auditory hallucinations. He was talking about being an architect. He had a burn mark on his face. When asked, he said that he was using a blow torch to light smokes. The flame apparently narrowly missed the corner of his right eye on the lower end.
He added that he had been using smoking meth, cocaine, crack, and Fentanyl. He had received a retro employment cheque and had spent $12,000.00 in two days. Some of the money was given to his ex, some to his sister, some was stolen from him, and the rest was used to buy drugs for himself and some associates.
At the time of admission, he was disorganized, and in a psychotic state that was likely drug induced.
He was placed on a form 1 and admitted to the Forensic Assessment Unit.”
Evidence at the Hearing:
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Gojer.
Dr. Gojer is Mr. Deschamps-Giroux’s treating psychiatrist and co-authored the ROL Report. He testified as follows:
a) Since the writing of the ROL report, Mr. Deschamps-Giroux tested positive for cocaine on two occasions. These incidents happened when he was using his privileges. He did not show any decompensation in his mental state.
b) The treatment team is requesting that Mr. Deschamps-Giroux be able to attend a residential treatment program because his ongoing substance use is very concerning and serious.
c) As Mr. Deschamps-Giroux suffers from a Bipolar Mood Disorder, there is a real concern that substance use would trigger his mental health disorder very quickly.
d) Should Mr. Deschamps-Giroux experience a decompensation in his mental state, he would develop behaviours that increase the risk of serious harm to the public and to himself. As set out in the ROL Report, Mr. Deschamps-Giroux tried to light a cigarette using a blow torch and nearly burnt his eyeball.
- In response to questions from counsel for the Attorney-General, Dr. Gojer testified:
a) Ideally, before the treatment team would discharge Mr. Deschamps-Giroux back into the community, they would like him to complete a residential treatment program. Currently, there is no suitable accommodation for him in Cornwall, and his parents’ home would not be appropriate.
b) Mr. Deschamps-Giroux can attend NA, and other programs, while residing in the hospital.
- In response to questions from counsel for Mr. Deschamps-Giroux, Dr. Gojer testified:
a) The treatment team has encouraged Mr. Deschamps-Giroux to attend the Catholic Church, should he wish, as well as to meet with the spiritual advisor at the hospital.
b) The hospital was not aware of the amount of money Mr. Deschamps-Giroux received, nor how quickly he spent it, until after the fact. People in the community took advantage of his access to this sum of money.
- In response to questions from the panel, Dr. Gojer testified:
a) They have worked closely with Serenity House, a residential treatment program in which they are hoping to place Mr. Deschamps-Giroux. Before his transfer to Serenity House, the treatment team will meet with their staff to ensure that appropriate arrangements are made. If this facility does not work out for any reason, the hospital will be able to return Mr. Deschamps-Giroux to the Royal Ottawa.
b) As long as Mr. Deschamps-Giroux remains stable, he would be an appropriate candidate for this facility.
c) It is uncertain how long it will take for Mr. Deschamps-Giroux to become ready for a transfer to Serenity House. Any transfer depends on his sobriety and the facility’s waiting list.
d) Mr. Deschamps-Giroux is capable to consent to treatment for psychiatric medication.
e) The panel’s concerns are valid; the treatment team should consider whether Mr. Deschamps-Giroux is capable with respect to managing his finances, particularly in light of how quickly he spent his $12,000 and what he spent it on. Ideally, the treatment team would like Mr. Deschamps-Giroux to voluntarily agree to have a member of his family handle his finances. This matter is not urgent, as he currently has no money, but it does need to be addressed by the treatment team.
- No other evidence was called.
Analysis and Conclusion:
Pursuant to the decision of the Ontario Court of Appeal in R v MLC (2010 ONCA 843), as well as in Regina v Campbell (2018 ONCA 141), the Board agrees that a restriction of liberty has taken place. The Board found that the initial restriction of liberty on October 23, 2025, and the ongoing restriction of liberty, represented the least onerous and least restrictive interventions in the circumstances. They were both warranted and necessary for public safety. Mr. Deschamps-Giroux’s admission was needed on an urgent basis, as he was posing a serious risk to himself. He was acutely psychotic at the time of his admission and in need of treatment. His ongoing detention is required to ensure that he remains abstinent from drugs. Dr. Gojer further testified that Mr. Deschamps-Giroux has used cocaine twice since his hospital admission. His ongoing detention is necessary and appropriate to help him engage in ongoing rehabilitation. The Board also agrees with the hospital’s request for a variance, to allow Mr. Deschamps-Giroux to enter, and live in, the communities of both Ottawa and Cornwall. His family is located in Cornwall, and they are good supports for him.
It is very positive that Mr. Deschamps-Giroux wants to participate in a residential treatment program. In the interim, he can participate in NA meetings and Concurrent Disorders Programs while at the Royal Ottawa.
DATED this 12th day of March 2026, at the City of Toronto, in the Region of Toronto.
Mr. J. Weinstein Alternate Chairperson
Office of the Registrar Ontario Review Board