Ontario Review Board
Re: Dakota Summers
ORB File No: 6348
Hearing held on: Tuesday March 3, 2026
Place of Hearing: St. Joseph’s Healthcare Hamilton
Pursuant to: Sections 672.81(1) and 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. K. Hand
Dr. T. Stirpe
Mr. K. McKenna
Ms. M. McKinnon
Parties Appearing:
Accused: Dakota Summers
Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DECISION AND DISPOSITION
(Dated April 9, 2026)
Introduction
On May 28, 2013, Mr. Summers was found not criminally responsible on account of mental disorder on charges of possession of a weapon for a dangerous purpose, robbery, fail to comply with a probation order, possession of a controlled substance, contrary to the Criminal Code and the Controlled Drugs and Substances Act. Mr. Summers is currently subject to a disposition of the Ontario Review Board (the Board) dated February 6, 2025, ordering that he be detained at the Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton (the Hospital) with privileges up to and including residence anywhere in the Province of Ontario in accommodation approved by the person in charge.
By letter dated December 2, 2025, the Hospital notified the Board pursuant to section 672.56 of the Criminal Code of an increased restriction on Mr. Summers liberties which exceeded seven days.
On Tuesday, March 3, 2026, the Board convened a hearing to review Mr. Summers’ disposition pursuant to section 672.81(1) of the Criminal Code as well as to review the restriction of his liberties pursuant to section 672.81(2.1) of the Criminal Code. Mr. Summers was present at the hearing and represented by counsel, Mr. Rai.
The issues to be determined at the hearing were whether Mr. Summers continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive, taking into account the factors set out in 672.54 of the Criminal Code. In addition, the Board was to determine whether both the initial and continuing restriction of Mr. Summers’ liberties was necessary and appropriate and the least restrictive option available to the Hospital in all the circumstances.
Initial Positions of the Parties
At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital submitted that Mr. Summers continued to represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current detention order with the terms as set out at pages 87 of the Hospital Report. He also submitted that both the initial and continuing restriction of Mr. Summers’ liberties were necessary and appropriate.
Both Counsel for the Attorney General and Counsel for Mr. Summers supported the Hospital’s position both with respect to the annual review and the restriction of liberty. Counsel for Mr. Summers specifically conceded the issue of significant threat.
Evidence at the hearing
- The evidence at the hearing consisted of the Hospital Report dated November 21, 2025, and the oral evidence of Dr. Shariati, Mr. Summers` most responsible physician.
Findings:
- For the Reasons that follow, the Board finds that Mr. Summers continues to represent a significant threat to the safety of the public and that, the necessary and appropriate disposition is a continuation of the current detention order on the terms as jointly recommended by the parties. The Board also finds that both the initial and continuing restriction of Mr. Summers’ liberties were necessary and appropriate in all the circumstances.
Index Offences:
- The circumstances surrounding the index offences as summarized in last year’s reasons for disposition are as follows:
On the 15Dec2012 and the 02Feb2012 the accused, Dakota Daniel SUMMERS was present in the Ontario Court of Justice, Owen Sound, Ontario. SUMMERS was sentenced to 252 days in custody and entered into a Probation Order for a period of one year with respect to the charges of Breach Probation, Breach Officer in Charge of Undertaking, Assault, Unlawfully possess substance, and Assault with intent to resist arrest. Two of the conditions included in that Probation Order were to keep the peace and be of good behaviour and to abstain from the purchase / possession / consumption of drugs except in accordance with a medical prescription. On the 28Dec2012 the accused approached the victim, Curtis LONG at the rear of the Dragon’s Den Gym located at 258 8th Street East, Owen Sound. At that time, the accused asked the victim if he could borrow some money. When the victim refused the accused grabbed a silver necklace that the victim was wearing around his neck and forcefully pulled on it which caused the clasp of the necklace to break. The accused then placed the broken necklace into his pocket. The victim requested that the accused return the necklace at which time the accused advised the victim he would ‘smash him’ if he asked for the necklace again. The accused then left northwest through the parking lot and the victim attended the Owen Sound Police Service. The victim indicated to police that he was fearful of the accused s he appeared to be on drugs and was acting very erratic.
The accused was located by members of the Owen Sound Police Service a short time later and was placed under arrest for robbery. The accused was handcuffed to the rear and searched. At that time, the victim’s necklace was located in the accused jeans pocket. The accused was also found to be in possession of a steak knife which he had inside his jacket. The accused advised police that he carried the steak knife for protection. The accused was also found to be in possession of a small clear baggie of marihuana and another small clear baggy which had the residue of Cocaine inside. The accused was then escorted to the police cruiser where he was advised of his rights of council and caution.
Background Information Regarding the Accused:
Mr. Summers is Aboriginal and is registered with the Chippewas of Nawash, who are located along the Bruce Peninsula north of Owen Sound. The Chippewas of Nawash is an Anishinaabe First Nation Community. His mother, Ms. Shelley Summers, and his stepfather are non-indigenous. His biological father, Mr. Malcolm Proulx, was a member of the Chippewas of Nawash. All of Mr. Summers’ paternal grandparents and great grandparents went to a residential school.
Mr. Summers’ biological parents lived on the Cape Croker reserve during the four years of their relationship, which ended when Mr. Summers’ father committed suicide. Mr. Summers was 10 months old at the time. Mr. Summers had little contact with his paternal extended family for many years following the death of his father.
Mr. Summers’ mother began a relationship with Troy Feduik about a year and a half after Mr. Summer’ father died. They have been together for most of the past thirty years. However, the relationship involved physical and verbal abuse of Ms. Summers as well as verbal abuse of Mr. Summers.
Mr. Summers had behavioural problems in elementary school and would often get into fights. He was disruptive in class, unable to focus, did not listen to direction and was suspended multiple times for behavioural issues. When he was about 9 or 10, he was diagnosed with oppositional defiant disorder and a learning disability. An individual education plan was developed for him however he was expelled from school in grade 9.
Mr. Summers connected with his paternal grandfather while he was in the Thunder Bay Correctional Centre in 2012. His grandfather was significantly involved in his Indigenous community, and reconnected Mr. Summers to his family and heritage.
Substance Use History
- Mr. Summers began using cannabis, and alcohol when he was about 13 or 14. By the time he was 20 he had a serious drug problem that included the use of cannabis, cocaine, crack cocaine and ecstasy. He also began using bath salts and displayed extreme paranoia, depression, memory issues and lack of sleep.
Legal History:
- Mr. Summers has the following Criminal record:
Date and place
Offense
Disposition
22009-12-01
Owen Sound, ON
(Youth Justice Court)
Robbery
Assault
Fail to Comply Recognizance
Mischief Under $5000
5 months deferred custody & supervision order & Probation 12 months & Mandatory prohibition order Sec 51 (1) YCJ Act
2 months deferred custody & supervision order & probation 12 months on each charge concurrent
3-4. 1 month deferred custody & supervision order & 12 months' probation on each charge concurrent
2011-01-11
Assault
Suspended Sentence & probation 12
MRN: 0003069378 CSN: 341375562Owen Sound, ON
- Fail to Comply Recognizance
months & 27 days pre-sentence custody 7 discretionary probation order for 5 years 2. Suspended sentence & 12 months' probation on each charge concurrent
2012-02-06
Owen Sound, ON
Fail to Comply with Probation
Possession of a schedule II substance
12 days & 18 days pre-sentence custody & 12 months' probation
1 day concurrent & probation 12 months
January 25, 2019 St. Thomas ON
Unlawfully at Large
1 day custodial sentence, deemed served
December 16, 2020 Hamilton
Escape Custody
Suspended sentence & probation, 1 year
Psychiatric History
Mr. Summers’ first hospitalization with respect to mental health related issues was in 2011 when he was brought to hospital by the police following a report that he threatened suicide with a knife and barricaded himself in his girlfriend's apartment. It was noted that he had been using alcohol and was smoking crack cocaine and using marijuana daily. He also acknowledged use of Oxycontin. Discharge diagnoses were Poly-substance Dependence and Depressive Disorder.
Mr. Summers’ mental health issues have resulted in bizarre and dangerous behaviour. He has been admitted to hospital on numerous occasions after he displayed aggression and psychosis.
Current Diagnosis
- Mr. Summers’ current diagnoses are:
Schizophrenia
Cannabis Use Disorder, in remission
Stimulant Use Disorder, in remission
Evidence of Dr. Shariati
- Dr. Shariati indicated that:
He had been Mr. Summers’ most responsible physician since 2022 and had reviewed and adopted the contents of the Hospital Report. Mr. Summers had a good year and had been discharged into the community in February 2025. His mental state was stable and there had been no behavioural issues. He was treatment compliant and abstinent.
His readmission to hospital occurred after his grandmother with whom he was living passed away resulting in his residence in the community no longer being approved. There had been no evidence of decompensation or breach of his disposition, and he has been stable since admission.
Mr. Summers was currently receiving passes for up to 10 days twice per month to the residence where his grandmother had lived and his stepfather resides.
Mr. Summers suffers from a major mental disorder and when unwell is aggressive. He also has a long history of substance use which is a significant risk factor. He continues to experience symptoms of his illness, in particular delusions of control. The treatment team also has concerns with respect to the level of support being provided by the Owen Sound ACTT team and there has been some evidence of Mr. Summers falling away from some of his community support.
Mr. Summers’ insight into the effect of stress and other destabilizers on his mental health is “not very good”.
Analysis and Conclusion, Significant Threat:
Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that the evidence supports a decision that Mr. Summers continues to represent a significant threat to the safety of the public. Mr. Summers suffers from a major mental illness, schizophrenia, and continues to experience fixed psychotic symptoms despite adherence to medication. He also has been diagnosed with cannabis use disorder and stimulant use disorder.
The Hospital report summarizes Mr. Summers’ historical risk for violence as follows:
Mr. Summers' historical risk for violence is attributable to the interaction of chronic psychotic illness, psychoactive substance use, and periods of treatment non-adherence. When he has relapsed to substance use and disengaged from treatment, he has deteriorated rapidly with both medical and behavioural consequences, including a serious overdose in June 2023 that required ICU care. When he is adherent to antipsychotic medication, abstinent from substances, and supported in a structured setting, his risk has been substantially mitigated.
- Mr. Summers insight into the link between his illness, substance use, past offending and the level of supervision required to manage risk remains partial. His current risk for violence is characterized as moderate.
Analysis and Conclusion Necessary and Appropriate Disposition
- The Board finds that the evidence supports the joint submission for a continuation of the current detention order with the terms as recommended by the parties. Mr. Summers continues to experience symptoms of his major mental illness and has significant long-standing substance use disorders. As recently as 2023 he suffered a serious overdose requiring admission to an intensive care unit. His history shows a rapid deterioration from substance use and nonadherence to treatment resulting in a significant increase in his risk of causing harm to members of the public. The Hospital needs the authority to approve accommodation to ensure that Mr. Summers resides in a residence conducive to his continued adherence to treatment and abstinence from substances. The evidence also establishes that the Mental Health Act would not be sufficient to manage his risk. Accordingly, a conditional discharge would not be an appropriate form of disposition.
Analysis and Conclusion – Restriction of Liberty
- Through no fault of his own, Mr. Summers’ discharge plan was no longer viable after the death of his paternal grandmother who as his approved person was one of his major supports in terms of residence. This was further complicated by the decision of his maternal grandmother that she could no longer offer Mr. Summers long term accommodation although she remains open to short-term passes. Since his readmission to Hospital, the treatment team has been diligently working on reestablishing a viable discharge plan and has been in the meantime granting Mr. Summers passes for up to 10 days twice per month allowing him to continue to reestablish himself in the community. Given that his discharge plan was no longer viable, the decision of the Hospital to readmit him was clearly necessary and appropriate and the Board is satisfied that the treatment team has been diligently pursuing a new discharge plan and providing Mr. Summers with liberal access to the community in the meantime.
DATED this 9^th^ day of April 2026, at the City Toronto, in the Toronto Region.
Robert Bigelow
Alternate Chairperson
Office of the Registrar
Ontario Review Board