Re: Daniel R. (aka “Abbygail”) Fournier, 2026 CanLII 34202

Re: Daniel R. (aka “Abbygail”) Fournier

ORB File No: 6449

Hearing held on: Thursday, March 26, 2026

Place of hearing: Royal Ottawa Mental Health Care (Via Zoom Video Conference)

Pursuant to: Section 672.81(2) of the Criminal Code

Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. P. Prendergast Dr. G. Nexhipi Ms. A. Israel Mr. T. Wall

Parties Appearing: Accused: Daniel R. (aka “Abbygail”) Fournier Counsel: Ms. S. Brass Person in charge of hospital: Representative: Dr. M. Strike Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated April 13, 2026)

1. Ms. Fournier was found not criminally responsible by reason of mental disorder on three charges of failure to comply with probation, failing to comply with condition of undertaking and fail to attend court.

2. As it is Daniel Fournier’s preference to be addressed as “she” or “Abbygail,” she will be referred to as “Ms. Fournier” throughout these Reasons along with corresponding pronouns.

3. Ms. Fournier is subject to a Disposition of the Ontario Review Board (the “ORB”) dated July 3, 2025, by which she was ordered to be detained at the Secure Forensic Unit of the Royal Ottawa Hospital (the “ROH”) with certain privileges and prohibitions. One of the privileges permits Ms. Fournier to live in the community in accommodation approved by the person in charge.

4. By letter dated February 24, 2026, a representative of the ROH wrote to the ORB requesting “an early hearing to be scheduled for the above-named individual”. The letter went on to note the intention of the hospital to resubmit a request for Ms. Fournier to move to a group home located at 133 Ottawa Street, Limoges, Ontario. That letter provides considerable information as to the benefit to Ms. Fournier should she be able to move to that facility. Accordingly, the ORB granted the hospital’s request for an early review of the Disposition.

Position of the Parties

5. At the outset of the hearing, the parties were canvassed as to their recommendations to the ORB.

6. Dr. Strike appeared for the ROH. She advised of her request that the Disposition should be amended to permit Ms. Fournier to have a number of privileges permitting her to live, travel to, or be indirectly supervised up to 150 kilometres of the ROH. As well, the hospital is asking that the next annual review be conducted at the scheduled date, namely, July 14, 2026.

7. Ms. Dufort advised that she had a number of questions and was not in agreement with the hospital’s position. Ms. Dufort made it clear that her concern was in respect to the hospital’s position for a 150-kilometre radius given the fact that the group home at Limoges is approximately 36 kilometres from the ROH.

8. Ms. Brass appeared for Ms. Fournier. She supported the hospital’s recommendation.

Evidence at Hearing

9. The ORB admitted into evidence the Hospital Report dated March 2, 2026, and the correspondence with the ORB.

10. Dr. Strike then provided evidence for the hospital. It became clear during the doctor’s evidence that the hospital cannot be certain that Ms. Fournier will be accepted and be able to move to the Limoges group home. It is for that reason she was asking for a radius of 150 kilometres so that the hospital could seek out potential community residences up to 150 kilometres from the hospital.

11. At some point the Alternate Chair raised with Dr. Strike the issue that the ORB had granted an early review based on the hospital’s February 24 letter that made it appear that Ms. Fournier would definitely be able to move into that location as soon as they had a Disposition that permitted Ms. Fournier to live in the community within more than 36 kilometres from the ROH. That in turn led to the doctor’s position that she was prepared to accept a change of the radius to 50 kilometres so as to permit the application to Limoges to go forward. The doctor was also quite anxious that the date set for the next annual hearing, July 14, 2026, remain in place.

12. That position was acceptable to the Crown. That position was also acceptable to Ms. Brass, on behalf of her client. Ms. Fournier was in attendance at this hearing and in response to questions from the Alternate Chair, Ms. Fournier stated that she understood the position of all parties.

13. The panel met privately for a few moments. When the panel returned from its consideration of all the issues, the panel was in agreement to a Disposition to be issued now expanding the radius to 50 kilometres from the ROH and keeping all other prohibitions and privileges and maintaining July 14, 2026, as the date of Ms. Fournier’s next hearing.

14. In the result, that does represent the decision that the ORB is making. This will enable the hospital to proceed with an application and a tour of the Limoges group home. This will limit the hospital’s ability to find a group home within a 50-kilometre radius of the ROH. The hospital and the parties take comfort that the next hearing will be on July 14, 2026. Accordingly, the ORB will issue a Disposition with the change in the radius to 50 kilometres as agreed by all parties and with the direction that the next annual review remain in place for July 14, 2026.

DATED this 13th day of April 2026, at the City of Toronto, in the Toronto Region.

Mr. J. Goldenberg Alternate Chairperson

__________________

Office of the Registrar Ontario Review Board