Re: Donald Snoek
ORB File No: 3868
Hearing held on: Thursday, February 19, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. R. Sheppard (via Zoom)
Dr. M. Mamak
Hon. B. Allen
Mr. A. Mete
Parties Appearing:
Accused: Donald Snoek
Counsel: Mr. T.R. McIver
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated April 2, 2026)
Introduction
On October 29, 2003, Donald Snoek was found Not Criminally Responsible (“NCR”) on account of mental disorder on charges of utter threat to cause death, assault with a weapon, and fail to comply with probation order, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Snoek is currently subject to a Disposition of the Ontario Review Board (the "Board") dated February 24, 2025, detaining him at the General Forensic Unit of the Centre for Addiction and Mental Health, Toronto (“CAMH”), with privileges up to living in the community in accommodation approved by the person in charge.
On February 19, 2026, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Snoek was in attendance and was represented by his counsel, Mr. McIver.
Without Prejudice Position of the Parties
Dr. Darby indicated that the parties had discussed the matter prior to the start of this hearing and that a joint position had been reached. Dr. Darby advised that significant threat can now be managed under a Conditional Discharge disposition with residence specified to 901 O’Connor Drive, Toronto, Ontario. Both Mr. Brandes for the Attorney General and Mr. McIver for the patient confirmed their support of the Hospital’s recommendations.
Later in the hearing Dr. Darby recommended that a provision restricting travel outside of the GTA, subject to approval of the person in charge, should be added. The recommended change was supported by both Mr. Brandes and Mr. McIver on behalf of their clients.
Background and Index Offences
Mr. Snoek is a 62-year-old man who was born in British Columbia. He moved to Ontario in the 1980s to work with his father and brother at a factory in Guelph. In the early 1990s he began having serious mental health problems that made it increasingly difficult for him to continue working. He currently receives financial support through the Ontario Disability Support Program (“ODSP”).
Mr. Snoek has a criminal record that includes possession of drugs with the intent to sell, assault using a weapon, assault, possessing a weapon considered a danger to the public and making threats. He has also been found carrying knives while under a probation order that prohibited him from doing so.
Mr. Snoek was admitted to a psychiatric hospital for the first time in 1999. His symptoms at that time included paranoia, being guarded and suspicious, dismissive behaviour, aggression, and physical violence. He became focused on wanting to possess weapons because he believed he was being targeted for sexual assault. He refused to take medications. As he was found to be incapable to consent to treatment, his sister was appointed as his Substitute Decision Maker. He was diagnosed with Paranoid Schizophrenia and Polysubstance Abuse Disorder.
Following his first admission, Mr. Snoek was hospitalized approximately 10 more times under the Mental Health Act between 1999 and 2000. These stays were at various hospitals in the Guelph area and were generally short. Each hospitalization was typically triggered by disruptive behaviour, including death threats made toward complete strangers.
During this period, he was described by clinicians as grandiose, tangential, rude, lacking insight into his condition and the need for medication as well as showing poor judgment.
In May 2002, Mr. Snoek stated that he felt many people were against him, particularly children, elderly individuals, and members of the gay community. He verbalized that he might need to "kill a gay individual at the post office." As had happened before, he refused both follow-up care in the community and medication.
Shortly after being found NCR Mr. Snoek engaged in ongoing sexually inappropriate behaviour toward a female co-patient. He had difficulty following hospital rules about contact between male and female patients. He also frequently made sexually inappropriate comments to staff members and expressed beliefs that various staff and co-patients were homosexual.
Between 2006 and 2008 Mr. Snoek appealed decisions about his treatment capacity, which resulted in extended periods where he received no treatment. When antipsychotic medication was discontinued, his symptoms returned. He became more preoccupied with sexual themes.
Mr. Snoek was discharged to the community in July 2010. Unfortunately, this was followed by several re-admissions to hospital. Each time, his mental health deteriorated after he used substances — including cannabis, cocaine, and alcohol. Mr. Snoek consistently held the belief that using these substances in moderation would not affect his mental health.
A particularly serious incident occurred in May 2018. Mr. Snoek had a dispute with another tenant in his building. He believed the tenant was making sexual advances toward him. In response, he placed flammable material against the co-tenant's door and set it on fire, causing a small fire. This incident was of significant concern given the potential for harm it presented.
Mr. Snoek made notable progress in 2023. He served as a patient representative on the Hospital's Patient and Family Advisory Committee and was involved in planning the design of a new forensic building. Through the Canadian Mental Health Association (“CMHA”), he obtained part-time work as a cleaner at two LCBO locations. He was also discharged to LOFT transitional housing — a community residence with 24-hour staff supervision.
Despite his progress, Mr. Snoek continued to experience symptoms of his mental illness. In January 2023, he told his case worker that he was working on an "underground journalism" project aimed at exposing what he described as overlooked content in the Bible — including claims that "God supports Satan," that "St. Nicholas was a child trafficker," and that children who were trafficked were killed after they were no longer useful for sexual exploitation.
In November 2023, he informed his treatment team that he believed he had been "poisoned" by his parents and that this had altered his blood flow. He stated: "My parents tried to kill me with lye powder … when I was 10."
In December 2023, he again stated that his father had tried to poison him at age 10. He also described his parents as sexual abusers who had planned to kill him because he refused to comply with their demands for sexual acts. When these thoughts were raised as possible delusions by his treatment team, he was reluctant to consider that possibility.
The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“On June 23, 2003, at approximately 17:45 hrs, 23-year-old Steven Welch and 7-year-old Kieran Welch were walking the trails by Goldie Mill Park in Guelph Ontario. Steven Welch observed the accused at the top of the trail, talking aloud stating: “it’s the faggot’s fault; it’s about the faggots.” Kieran and Steven were approximately eight feet from the accused when he turned towards them, pulled out a knife and began to open the blade. Mr. Snoek then stated: “and I have a knife too and I could kill them and I could kill you too and I will kill you.” Mr. Snoek had the knife in his hand, and he was pointing it towards the victims when he uttered this threat. Following investigation, Mr. Snoek was arrested. When searched he was found to be in possession of a multi-toll device, two utility knives, a hammer and one sharp drill bit, approximately eight inches long.”
Current Diagnoses
Schizophrenia
Polysubstance Abuse, in remission
Evidence at Hearing
Dr. Darby testified that he has known Mr. Snoek for some 22 years and that his patient’s commitment to abstinence is now good. Mr. Snoek is both treatment and financially capable. He is medication compliant and committed to treatment.
Responding to questions from Mr. McIver, Dr. Darby stated that for an Absolute Discharge to be considered he would want to see strengthened commitment to both abstinence and treatment from Mr. Snoek.
Closing Observations
- All parties congratulated Mr. Snoek on the progress he has made during the past reporting year.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Snoek continues to represent a significant threat to the safety of the public the Board carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Snoek continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Darby that Mr. Snoek continues to pose a significant threat. The Board also relies on the Hospital Report and more specifically the current Re-Offence Scenario set out at page 53 and reproduced below for ease of reference:
“As previously noted, based on the above cited risk assessment, Mr. Snoek’s risk of violent re-offending is high in the context of an absolute discharge. Absent ORB involvement, it is likely that he will fall away from treatment, re-experience an acute psychotic episode with symptoms of paranoia, evidence aggression and hostility, and engage in violent or threatening behaviours towards individuals that are encapsulated in his delusional beliefs. These would include members of the public that are in his proximity. Hence, on balance, Mr. Snoek is likely a significant threat to public safety.”
- The Board therefore accepts that absent an ORB Disposition, Mr. Snoek would likely become non-compliant with prescribed medications which would lead to decompensation, the use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Snoek will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Snoek continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Snoek’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Snoek provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Snoek needs, the Board would want to reinforce the perspective provided under the heading of Other Criminogenic Factors at page 54 of the Hospital Report, reproduced below:
“Mr. Snoek would benefit from engagement in pro-social recreational, vocational and educational activities to support his rehabilitation and transition to the community.”
Historically, Mr. Snoek has done better when engaged in structured activities. His degree of involvement seems to have diminished this past clinical year. The Board would therefore encourage him to rekindle the level of involvement that previously proved beneficial. To his credit, Mr. Snoek’s engagement with his treatment team seems to have improved. As noted under the Team Review of Recommendation heading at page 66 of the Hospital Report, less evidence of the defensiveness, present for many years was observed.
Finally, this panel of the Board would echo Dr. Darby’s comments that continued and strengthened commitments to treatment/medication and abstinence are objectives to be pursued. These ongoing efforts will enable substantive progress in his rehabilitation and social re-integration.
Closing Observations
- All parties congratulated Mr. Snoek on the progress he has made during the past reporting year.
Conclusion
The Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Snoek poses to the safety of the public while still meeting his needs, is a Conditional Discharge.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Darby and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Snoek’s mental condition, his reintegration into society and other needs.
DATED this 2nd day of April, 2026, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
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Office of the Registrar
Ontario Review Board