Re Joseph J. Pierce, 2026 CanLII 32135

Re: Joseph J. Pierce

ORB File No: 8675

Hearing held on: Tuesday, February 24, 2026

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. L. Maunder

Members: Dr. P.L. Darby

Dr. L.O. Lightfoot

Ms. M. Chamberlain

Mr. J. Cyr

Parties Appearing:

Accused: Joseph J. Pierce

Counsel: Mr. A. Stastny (via Zoom)

Person in charge of hospital: Representative: Ms. M. Kraftscik

Attorney General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated April 8, 2026)

1. On November 10, 2024, Joseph J. Pierce was found not criminally responsible on account of mental disorder on charges of assault, assault causing bodily harm (x2), and failure to comply with probation, all contrary to the Criminal Code of Canada (the “Criminal Code”).

2. Mr. Pierce is subject to a disposition of the Ontario Review Board (the “Board”) dated March 14, 2025, which orders that he be detained at the High Secure Provincial Forensic Programs of the Waypoint Centre for Mental Health Care (“Waypoint”), with privileges up to hospital and grounds, beyond the secure perimeter, escorted by staff.

3. On Tuesday, February 24, 2026, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Mr. Pierce was in attendance and was represented by his counsel, Mr. A. Stastny, who attended by video conference.

Position of the Parties

4. Ms. Kraftscik, on behalf of the hospital, submitted that Mr. Pierce remained a significant threat to the safety of the public and should be transferred to the forensic program at the Southwest Centre for Forensic Mental Health Care (“Southwest”) with privileges as set out in the Hospital Report. This position was supported by Ms. Curry, on behalf of the Attorney General and Mr. Pierce’s counsel, Mr. Stastny.

Index Offences:

5. The circumstances of the index offences are taken from the most recent Reasons for Disposition, as follows:

“On January 14, 2023, while residing in the Psychiatric Intensive Care Unit of Niagara Health Sciences, Mr. Pierce physically assaulted multiple individuals. He attacked one victim, causing significant injuries, including a broken elbow, rotator cuff damage, and a concussion. He then assaulted another person who intervened, resulting in facial injuries, a broken nose, and a concussion. A third individual was also attacked, sustaining a swollen jaw. His behaviour was unprovoked, highly aggressive, and indicative of an acute psychiatric crisis.”

Background:

6. Mr. Pierce is a 41-year-old man who was born in Vancouver, British Columbia. He experienced significant childhood trauma, including reported physical abuse, sexual exploitation, and time in foster care. He was removed from his family home at an early age due to neglect and placed in various foster homes, many of which were reportedly unstable. Mr. Pierce left school in grade 11.

7. Mr. Pierce held various construction-related jobs, and general contracting work after he left school. He was unable to keep consistent employment due to the onset of his psychiatric symptoms and related functional impairments.

8. Throughout adulthood, Mr. Pierce struggled with maintaining stable housing and employment, often living in shelters. He has had periods of homelessness and has relied on social assistance. His work history reflects intermittent participation in the workforce, disrupted by episodes of illness and incarceration.

9. Mr. Pierce never married but has had a number of romantic partnerships over the years, and most were short-lived and strained due to his untreated mental health issues, substance use, and erratic behaviour. He has at least one adult child from a past relationship. He is currently estranged from most of his family but maintains some contact with his mother.

10. Mr. Pierce has a history of using methamphetamine and cocaine, often in combination. These substances significantly impacted his behaviour, leading to elevated, erratic, and violent states. He began drinking alcohol at the age of 8 and using both alcohol and cannabis in his early teens. Following a motor cross bike injury, he developed a dependence on opiates, and he has a long and well documented history of polysubstance abuse, including cocaine, fentanyl, crystal methamphetamine, cannabis, and heroin.

11. His history also includes periods of incarceration and repeated interactions with the justice system due to violent behaviour and non-compliance with legal orders. Mr. Pierce had multiple criminal convictions between 2016 and 2024, ranging from assault, mischief, assault with weapon, and robbery, among others.

12. Following a finding of ‘not criminally responsible,’ Mr. Pierce was admitted to the Forensic Assessment Unit at Waypoint on August 15, 2023.

13. Mr. Pierce’s current psychiatric diagnoses are listed in the Hospital Report as follows:

• Schizoaffective Disorder, Bipolar Type

• Unspecified Other Stimulant-Related Disorder

• Antisocial Personality Disorder Traits

Evidence at Hearing:

14. The evidence at the hearing consisted of the Hospital Report dated January 14, 2026, the Rule 13 Response from the Southwest Centre for Forensic Mental Health Care, as well as the testimony of Dr. Komer.

15. Mr. Pierce’s progress since his last annual review is summarized in the Hospital Report as follows:

“Mr. Pierce was in seclusion at the beginning of the review period until March 6, 2025. He was made incapable of consenting to psychiatric treatment, and his mother was appointed his substitute decision maker (SDM). He was started on an antipsychotic medication in January that with time alleviated his symptoms of mental illness. As per Waypoint’s Acute Risk of Violence Scale (ARVS), Mr. Pierce has maintained the highest security level available to him, namely a C5, since August 8, 2025, and has adhered to his psychiatric medications. He was transferred to a more independent and less restrictive unit at Waypoint, Beausoleil A, on November 5, 2025. He enrolled in the computer lab via rehabilitation services and has been participating in available recreation activities. He completed a structured occupational therapy program, Life Skills Group, in December 2025, and registered for an anger management group

(January 7, 2026) as well as individual addiction counselling (January 9, 2026). He has been complying with the rules, regulations, and behavioural expectations for the latter part of this review period, demonstrating an improved response to treatment and supervision”

16. Ms. Kraftscik called Dr. Komer to give evidence on behalf of the hospital. The doctor agreed with the contents and recommendation contained in the Hospital Report with one correction, namely that the risk assessment referred to on page 65 occurred in January 2026, not 2025. Dr. Komer also updated the Board that Mr. Pierce’s capacity to consent to treatment was reassessed on January 14, 2026, and he had been deemed capable.

17. Dr. Komer stated that the Hospital was requesting the transfer to Southwest as Mr. Pierce had done very well in the previous reporting year. The doctor acknowledged Mr. Pierce’s worrisome history but informed the Board that he had been out of seclusion since March 2025 and was attending Hospital activities off of his unit. Mr. Pierce had also been having contact with his family which had been positive. Dr. Komer stated that the improvement was due to Mr. Pierce understanding the need to stay away from substances, his compliance with his medication, his engagement in programming and the structure of the Hospital. Dr. Komer testified that Mr. Pierce did not require the high secure program at Waypoint.

18. Dr. Komer explained that the treatment team felt that Mr. Pierce should have someone with him when in a community setting and that this was reflected in the privileges recommended in the Hospital Report.

19. A Board member asked the doctor what had been the catalyst for Mr. Pierce’s improvement. Mr. Pierce answered the question himself stating that the progress was due to him taking his medication, the stability of the program, and not using crystal meth or other drugs.

20. The Board asked about the waitlist to transfer to Southwest. Dr. Komer stated that this hospital had a long waiting list and that Mr. Pierce was aware that it may take some time before he is able to move there.

Final Submissions:

21. At the conclusion of the hearing, the parties were asked if they wished to make closing submissions to the Board. Ms. Kraftscik stated that the Hospital would rely on the Hospital Report as well as the testimony of Dr. Komer but she commended Mr. Pierce on the impressive gains that he had made in the previous year. Ms. Curry agreed that Mr. Pierce should be congratulated on his improvement.

22. Mr. Stastny agreed that his client should be commended for the progress that he had made. He noted that it is not common for those in the ORB system to make the progress that Mr. Pierce had in the last year. Mr. Stastny stated that his client had developed real insight into his illness and was committed to his recovery.

Findings of the Board:

23. The Board unanimously finds that Mr. Pierce continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the position of the parties and accepted the uncontroverted evidence of Dr. Komer. The Board also relies on the Hospital Report, which notes the following about Mr. Pierce:

“He has a major mental illness, namely a Schizoaffective Disorder, for which he has a history of nonadherence with treatment. He has a Substance Use Disorder and an Alcohol Use Disorder, both of which are in sustained remission in a controlled environment. Mr. Pierce has underlying antisocial personality traits. There is a history of a traumatic brain injury. Mr. Pierce has underlying problems with anger management and impulsivity. He has an extensive prior criminal record which includes offences of Assault, Assault with a Weapon, Assault Police, Assault Causing Bodily Harm, Possession of a Weapon, Uttering Threats, and Robbery. Mr. Pierce has a history of displaying antagonizing and verbally threatening behaviours, physical aggression, and sexually inappropriate behaviours. His index offences were serious and involved assaultive behaviour. Mr. Pierce lacks a supportive social network, although he is developing a closer connection with his family.”

24. The Board accepts Dr. Komer’s testimony that despite his “horrendous” history, Mr. Pierce has made great gains in the past year. These gains, while impressive, are recent and the Board agrees with the joint submission of the parties that Mr. Pierce continues to pose a significant threat to the safety of the public.

25. Having found that Mr. Pierce continues to represent a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.

26. The disposition that is necessary and appropriate for Mr. Pierce gives him as much freedom as possible without putting the community at real risk of dangerous behaviour. "Necessary and appropriate" includes the concept that the disposition must be the least onerous and least restrictive disposition that still protects the safety of the public.

27. The panel finds that the necessary and appropriate disposition is a detention order and agrees with the joint submission that he should be transferred to Southwest. At present, Mr. Pierce is in the highly supervised and highly structured High Secure Provincial Forensic Program. With close monitoring, he has done well. He has developed increased insight into his mental illness and the need to avoid non-prescribed substances. He is engaged in programming and is committed to his recovery. Mr. Pierce is described in the Hospital Report as “pleasant, cooperative and coherent.”

28. The panel agrees with the parties that Mr. Pierce no longer requires the high secure programs of Waypoint to manage his risk and finds that he should be transferred to Southwest in St. Thomas with the following privileges and conditions:

a) to attend within or outside of the hospital for necessary medical, dental, legal, or compassionate purposes;

b) hospital and grounds privileges, escorted by staff;

c) hospital and grounds privileges, accompanied by staff, or by a person approved by the person in charge;

d) hospital and grounds privileges, indirectly supervised;

e) enter the community of Elgin County or Middlesex County escorted by staff;

f) enter the community of Elgin County or Middlesex County accompanied by staff, or by a person approved by the person in charge;

g) abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;

h) submit samples of his urine and/or breath to the person in charge of the Southwest Centre for Forensic Mental Health Care, or his or her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs, or any other intoxicant; and

i) refrain from having in his possession any firearm, ammunition, or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer.

29. The Board would like to congratulate Mr. Pierce on his progress and wishes him well in the coming year.

DATED this 8th day of April 2026, at the City of Toronto, in the Toronto Region.

Ms. M. Chamberlain

Legal Member

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Office of the Registrar

Ontario Review Board