Re: Gregory McElree
ORB File No: 8663
Hearing held on: Tuesday, March 17, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. R. Wood Hill Dr. S. Wiseman Ms. A. Israel Mr. A. Mete
Parties Appearing: Accused: Gregory McElree Counsel: Ms. M. Addie
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated April 16, 2026)
On October 11, 2024, Mr. McElree was found not criminally responsible on account of mental disorder on charges of aggravated assault, and assault with a weapon.
Mr. McElree is currently subject to a Disposition of the Ontario Review Board dated January 21, 2025, by which he was ordered detained at the Forensic Service of the Centre for Addiction and Mental Health, Toronto. That Disposition includes a number of prohibitions and privileges, up to indirectly supervised passes in the community.
On Tuesday, March 17, 2026, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health (“CAMH”) to conduct the annual review of Mr. McElree's Disposition.
Mr. McElree was present at the hearing and represented by counsel.
Position of the Parties
- At the outset of the hearing, the parties were canvassed as to their recommendations to the Board. Ms. Warner appeared for CAMH. She advised that it is CAMH’s position that Mr. McElree remains a significant threat to public safety. In response to a question from the Alternate Chair, Ms. Warner advised that if the Board so finds, the hospital is requesting a continuation of the detention order directed to the Forensic Service at CAMH with changes to three of the privileges set out in last year's Disposition.
(i) Mr. McElree is to be detained in General Forensic Unit 2.
(ii) Mr. McElree is to be permitted to live in the community in the Greater Toronto Area (the “GTA”).
(iii) When living in the GTA, Mr. McElree is to report not less than once per week.
- Counsel for the Crown joined the recommendation of CAMH and counsel for the accused also joined the recommendation and conceded the issue of significant risk.
Index Offence
- “On Sunday July 17th, 2022, at approximately 11:10 PM, the accused was in the rotunda area of 361 University Avenue. The accused had been sleeping in the area for approximately one week, and the area is frequented by displaced person's seeking shelter.
The Victim had also been sleeping in this area at the time. The accused began throwing apples and other various food at the Victim. The Victim approached the accused, and the accused began to punch the Victim multiple times in the face. The accused then stopped punching the Victim, and both the accused and Victim went back to their sleeping area. The accused then approached the Victim, picked up the Victim's blanket and threw it in a nearby water fountain. The Victim then used their cart to defend themselves and hit the accused. The accused then picked up a concrete block and hit the Victim in the face and body area multiple times. The accused then threw the rock at the Victim, but missed. The accused then picked up a metal rod and hit the Victim multiple times with it in the face and body area. The Victim then escaped and made their way to the front lobby of 52 Division, where he was transported to St. Michael's Hospital. Officers attended the rotunda area, and witnesses directed them to the accused who was still in the rotunda area. Officers placed the accused under arrest and transported him to 52 Division where he was held pending a show cause hearing. Officers seized the accused's clothing which had significant blood stains on it, believed to have derived from the Victim. Officers also swabbed the accused's knuckles which also appeared to have blood stains on it, believed to have derived from the Victim. The accused provided Investigators with an inculpatory statement. Witnesses in the area provided Officers with a first-hand account as to what transpired. There are video cameras in the area that would have captured the incident, however due to the time of the incident, Officers were unable to retrieve video. Investigators will be following up to retrieve the video. The Victim was treated in the trauma room and subsequently transferred to the acute area. Officers were unable to obtain a statement from the Victim due to his current state as well as a language barrier.”
Evidence at the Hearing
The Board admitted into evidence the Hospital Report dated December 30, 2025. The Hospital Report provides information concerning Mr. McElree, his personal history, his mental health history, details of the index offence, details of prior criminal offences and Mr. McElree’s course in hospital subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
The Board notes the stated diagnoses of schizophrenia, cannabis use disorder, in remission, in a controlled environment and stimulant use disorder, in remission, in a controlled environment.
In addition to the documentary evidence, the Board heard from Dr. Jaiswal. Dr. Jaiswal and the clinical team accept that Mr. McElree remains a significant threat to the public safety. Dr. Jaiswal reported that Mr. McElree is clinically stable and has maintained his nightly dosage of olanzapine. He reported that Mr. McElree had one incident of cannabis use on hospital grounds resulting in a reduction of passes and a prompt for a referral for a substance prevention group if one such group commences at CAMH. Dr. Jaiswal testified that the use was impulsive and in the context of cravings and warranted supervision and support, and a period of abstinence. Dr. Jaiswal suggested that any consideration of housing should include an aspect to monitor for substance use. At the time of the incident, Mr. McElree declined a referral to the addictions team at CAMH. Dr. Jaiswal testified that therapy may be more effective, and Mr. McElree would be willing to participate one-on-one counselling in addition to attending a Medication and Me group.
Dr. Jaiswal noted that Mr. McElree has progressed well through the CAMH pass ladder and is appropriately using his privilege of indirect community access. He progressed to a level five pass which permits indirectly supervised passes on hospital grounds for the purpose of rehabilitation activities. It is anticipated that he will reach level six passes the first week of April. Mr. McElree has had mental stability, adherence to medicine and no concerning behaviours. Dr. Jaiswal stated that it is reasonable that Mr. McElree will be able to be discharged to the community in the year ahead. In response to questions from the panel, Dr. Jaiswal stated that Mr. McElree's perspective on substances is dynamic and, as he moves up the pass ladder, he will be more incented to adhere. In a response to a question from Dr. Wiseman, Dr. Jaiswal clarified Mr. McElree's diagnosis as “early remission” within 12 months and maintained in a controlled environment. Dr. Jaiswal expressed that he is not of the opinion that supervised housing is necessary for Mr. McElree, but CAMH will apply for it because it gives the team flexibility to provide a high level of support through the Forensic Outpatient Program. The clinical team will perform an occupational assessment and continue to progress Mr. McElree up the pass level to a level 8 and then will try some level 9 passes. Mr. McElree wants to move into the community, is taking initiative in participating in groups, has not used substances since the last episode and has not exhibited agitation. Dr. Jaiswal noted a potential issue is negative symptoms of schizophrenia and inertia with respect to activities of daily living.
Final Submissions
- The parties agreed to a final submission that Mr. McElree remains a significant threat to the public safety and at this time Mr. McElree should be managed in a General Forensic Unit at CAMH with privileges up to last year's order. Ms. Warner recognized Mr. McElree’s progress from the Secure Forensic Unit to the General Forensic Unit went well and that he is on track to progress well through the pass ladder. She also acknowledged his willingness to participate in substance use therapy which was echoed by the other parties.
Findings of the Board
The Board accepts without reservation the evidence of Dr. Jaiswal and the evidence in the Hospital Report.
In particular, the Board accepts the clinical team and Dr. Jaiswal’s evidence that at the present time public safety would be compromised with any disposition other than a detention order on the General Forensic Unit at CAMH.
Community living for Mr. McElree is realistic in the year ahead. Placing him on a waitlist for housing in the GTA will allow the team to initiate the process of obtaining suitable housing. When living in the GTA, Mr. McElree is required to report not less than once per week.
Having regard to public safety as the paramount consideration, together with Mr. McElree's mental health condition, stage of recovery process and eventual reintegration in the community, the Board finds a detention order with privileges up to living in the community is necessary and appropriate, with the least onerous and least restrictive parameters possible at this time.
DATED this 16th day of April, 2026, at the City of Toronto, in the Toronto Region.
Ms. A. Israel Legal Member
Office of the Registrar Ontario Review Board