Re: Brian C. Mandamin, 2026 CanLII 34205

Re: Brian C. Mandamin

ORB File No: 8631/8762

Hearing held on: Friday, March 20, 2026

Place of hearing: North Bay Regional Health Centre – North Bay Site

Pursuant to: Sections 672.48(1) & 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal

Members: Dr. W.J. Komer Dr. P.N. Wright Ms. N. Nathanson Mr. A. Bouvier

Parties Appearing:

Accused: Brian C. Mandamin Counsel: Mr. C. Bracken

Person in charge of Hospital: Representative: Ms. C. Condie Counsel: Mr. P. Trenker

Attorney General of Ontario: Counsel: Ms. M. Mazurski

REASONS FOR DISPOSITION

(Dated April 13, 2026)

Introduction:

1Brian C. Mandamin, age 28, was on September 20, 2024, found unfit to stand trial on charges of aggravated assault (x2), possession of a weapon for a dangerous purpose, and fail to comply with a release order (x2). On April 9, 2025, he was found unfit to stand trial on charges of break and enter (intent) and public nudity, contrary to the Criminal Code.

2Mr. Mandamin, who is subject a detention order, appeared before the Ontario Review Board (“the Board”) at the North Bay Regional Health Centre – North Bay Site (“the hospital”) for a hearing. While it had been indicated that Mr. Mandamin required an Ojibway interpreter, Mr. Bracken, Mr. Mandamin’s counsel indicated his client was raised in English and did not require an interpreter.

3The Board had before it as Exhibit 1 the Hospital Report dated February 6, 2026.

Position of the Parties:

4In preliminary positions, the Hospital supported by Crown counsel advanced that Mr. Mandamin continued to be unfit to stand trial. Mr. Bracken indicated that his client wished to testify on the issue of fitness. The hospital sought to remove the requirement that the patient be escorted and to add community access. Ater hearing the evidence, including Mr. Mandamin, the Board found that Mr. Mandamin appeared fit to stand trial and that Mr. Mandamin should be returned to court with the current Disposition remaining in place.

Diagnoses:

• Intellectual Developmental Disorder,
• Mild Fetal Alcohol Spectrum Disorder,
• Attention Deficit Hyperactivity Disorder, by history.

Index Offences:

5The following Crown Brief Synopsis summarizing the circumstances that resulted in the charges of Aggravated Assault x2, Possession of a Weapon for Dangerous Purpose, and Failure to Comply with Release Order x2, was extracted from the Ontario Review Board Reasons for Disposition dated May 29, 2025:

In the early hours of May 25, 2020, Officers spoke with Paramedics in Whitedog First Nation who were looking for an injured male in a house near the Resource Centre who was assaulted with a 2x4.

The victim was located inside the residence of Grace PAISHK with an injured left knee. There was a bloodlike substance on his pants. Paramedics cut his pants and a large cut and swelling was observed on his knee. When Police asked the victim what had happened, he stated he was assaulted by the accused the night before at the Bonnie MANDAMIN residence.

The victim was taken to Lake of the Woods District Hospital for medical treatment as he was in extreme pain and was unable to walk.

At approximately 8:00 p.m., Officers attended the Lake of the Woods District Hospital to obtain a video statement from the victim, who had been admitted to hospital.

Police learned that the victim attended the residence of Bonnie MANDAMIN to visit with her. He stated that he was going to walk in as the door is usually open. That is when the accused approached him from behind, pushing him into the residence. The accused proceeded to strike the victim with a piece of wood in the head but was blocked by his arms, then hit his knee multiple times. The accused also kicked and punched the victim. The accused was stopped by his grandfather, Phillip KENT.

The accused then left the residence, and the victim was told to leave. The victim attended the shelter but was told he could not stay there. He then went to Grace PAISHK’s residence to sleep. The victim woke up later with extreme pain in his knee and was unable to walk. An ambulance was called for him as he did not have a phone.

The victim advised that he sustained a broken knee and will be hospitalized for approximately 1 week and is unsure at this time if he requires surgery. The victim also sustained scrapes and bruising to his left arm and a small cut above his right eye.

At approximately 9:30 p.m., Officers were patrolling the community of Whitedog when they observed the accused walking on the Main Road East near Post Office Road. He was placed under arrest, handcuffed, and placed in the rear of the police vehicle. The accused became very angry. He was read his rights to counsel and caution, to which he stated he understood but declined a lawyer, stating he didn’t need one.

Cst HALLEY asked the accused if he knew why he was being arrested, to which he stated, “Yah because I beat him up with a 2x4 on his knees and stomped on his face.” Cst HALLEY asked where the 2x4 was, to which he answered, “Outside of Bonnie’s.”

At 9:45 p.m., Cst HALLEY located a 2x8 outside of Bonnie MANDAMIN’s residence matching the description that the victim described in relation to the size of the board. Cst HALLEY asked the accused if that was the weapon used, to which he stated yes. The board was seized as evidence. The accused was lodged at the Treaty Three Detachment in Whitedog. He was again asked if he would like a lawyer, to which he stated he didn’t need one.

Cst HALLEY obtained a witness statement from Phillip KENT, who stated that he observed the victim at the doorway of Bonnie’s residence and saw the accused walk over there and push the victim into the house. He then went over to the house and observed the accused kicking the victim. He stopped the assault and told the accused to leave. He did not believe the victim had sustained serious injuries as the victim was able to walk away from the house. Phillip did not observe the accused with a board. He believes the accused assaulted the victim to protect the house and thought the victim was trying to break in.

As a result of this investigation, the accused has been charged with Aggravated Assault – Section 268, Weapon for a Dangerous Purpose – Section 88 and Fail to Comply – Section 145(5)(a) of the Criminal Code.”

The facts regarding the second set of charges are:

On January 31, 2024, at approximately 10:40 am, Thunder Bay Provincial Communications Centre received a call from Gay MCDONALD stating that Brian MANDAMIN was in the school at 4:30 am; it was unknown how he got in. He was observed to be going through items, attempting to gain access to the classroom computer and masturbating in the kindergarten classroom. Constable Spencer and Jonski responded.

09:48 hrs. Police called and spoke to Gay MCDONALD and made a plan to attend school to obtain video footage and further details.

15:42 hrs. Police arrived at Mizhakiiwetung Memorial School and spoke with Gay MCDONALD. Video footage was viewed and downloaded onto a USB. The footage showed a male known to MCDONALD as Brian MANDAMIN entering a locked kindergarten classroom at night with a backpack, sporadically going through several items, placing some in his bag, attempting to gain access to a computer in the school and exposing his penis, then masturbating while walking around the room.

MCDONALD advised that school janitor Joelynn SCOTT had found three condoms left in that same classroom on January 22, January 29 and January 30. Classroom teacher Jacqueline CAMERON had noted changes to the class, including that she had left the blinds up when leaving her classroom. However, they were down when she arrived these mornings.

On Tuesday, the school purchased a small home camera to see who had been coming into the classroom. The school’s camera system is not working; a live feed is active, but the cameras are not recording. R & PG was formed for Brian MANDAMIN’s arrest for Break and Enter and nudity.

2024-02-01 at approximately 22:22 hrs, Cst. SPENCER and Cst. JONSKI, attended Phillip MANDAMIN’s residence to speak with Brian MANDAMIN. Police met first with Phillip and informed him that we had reasonable grounds to arrest Brian for breaking and entering the school and for nudity.

Phillip and Brian were cooperative with Police.

22:30 hrs, Brian was placed under arrest by Cst. JONSKI.

22:31 hrs, Brian was read his right to counsel by Cst. JONSKI, when asked if he understood MANDAMIN responded “yes”. When asked if he would like to speak to a lawyer, he replied, “No.” Cst. JONSKI read the police caution to MANDAMIN; when asked if he understood, he replied, “Yes.”

22:35 hrs MANDAMIN was brought back to Treaty Three Police Whitedog detachment, where he was fingerprinted. While printing MANDAMIN, he told Cst. JONSKI that he got into the school because he knows doors.

23:50 MANDAMIN was released on a form 10 undertaking with conditions to not attend Mizhakiiwetung Memorial School or school property.

Mr. Mandamin has been returned to the community pending the outcome of the fitness assessment on the first set of criminal charges where he committed the second set of charges.

Background:

6Mr. Mandamin was raised with his younger brother, Byron in the community of Whitedog First Nation. Mr. Mandamin’s mother passed away at a young age from meningitis when Mr. Mandamin was 17. Mr. Mandamin’s father and mother had been separated. Mr. Mandamin was placed by Child Services in the care of his grandparents. Mr. Mandamin had health challenges as a youngster. He began using cannabis at 16 daily. He attended special education classes. Mr. Mandamin was charged with aggravated assault when he was 22. He used cocaine when he was in his 20s but stopped at age 23.

7Mr. Mandamin was admitted to the hospital in June of 2025. He had previously been in Thunder Bay Hospital. Mr. Mandamin has been stable with no apparent psychotic symptoms and has not consumed substances. Mr. Mandamin spends the majority of time in his room playing video games.

8Mr. Mandamin participates in recreational activities and participates in the Indigenous Services Program. Mr. Mandamin speaks with his grandfather and brother regularly by phone. His grandfather travelled 2000 miles to see him in the fall. The Hospital Report contains a brief review of fitness. Mr. Mandamin has difficulties expressing himself but is better at understanding conversation.

Evidence at Hearing:

9Dr. B. Khan, the patient’s psychiatrist testified. She has been in that role since February 17, 2026. Dr. Khan has assessed Mr. Mandamin for fitness every week and twice the week of the hearing including the morning before the hearing. On each occasion the psychiatrist’s conclusion was that Mr. Mandamin was not fit. A review of the notes and her own meetings with the patient caused the doctor to believe that Mr. Mandamin is closer to fitness than a month ago. Mr. Mandamin has made significant progress regarding fitness while in hospital.

10Dr. Khan’s staff employs role play, visual diagrams, and psychoeducation to improve fitness. Dr. Khan indicated that Mr. Mandamin understands the roles of most justice participants but is weak regarding the role of his own counsel and the consequences of a trial. Mr. Mandamin had expressed to Dr. Khan that a finding of guilty was not possible. Mr. Mandamin could not say who his counsel was, why it was important to speak to him or her, and the role of such counsel. Mr. Mandamin willingly participates in fitness education.

11Dr. Khan noted that Mr. Mandamin has a mild intellectual disability. Mr. Mandamin has deficits in expressing himself. Those traits make it important that stress be minimized during fitness training and questioning.

12Mr. Mandamin has hospital and grounds privileges. He goes off unit three times a day for 30 minutes. Recently he has been granted an additional 30 minutes per day to attend the gym. The Hospital goal is to keep increasing privileges.

13Mr. Mandamin has expressed an interest in engaging with more Indigenous services at the hospital.

14Mr. Mandamin’s family lives in Whitedog, about 2000 miles away. He frequently speaks to his grandfather and brother. His grandfather came for a visit last fall. The family would prefer Mr. Mandamin not be in hospital.

15Mr. Bracken elicited that Mr. Mandamin ‘s mental health is relatively stable without changes without fluctuations in mental status. Early on, Mr. Mandamin could not identify justice participants or his charges, but now he responds. Dr. Khan has a concern that Mr. Mandamin has memorized fitness answers. While Mr. Mandamin can answer most of the Taylor questions, Dr. Khan has noted that Mr. Mandamin has deficits in applying the information in his own context, for example, the role of his lawyer in the proceedings. Dr. Khan agreed that Mr. Mandamin is a shy person. He is better at understanding than expressing. Dr. Khan believes that Mr. Mandamin does not have a reality-based understanding of the proceedings. In Dr. Khan’s view, Mr. Mandamin would have difficulty communicating with his counsel. While Mr. Mandamin uses the library, it is to rent video games. Mr. Mandamin spends most of his time in his room watching them.

16Dr. Khan believes that if in the community, Mr. Mandamin would fall away from treatment, resume substances, and would become a risk to community safety.

17Mr. Mandamin appeared to understand fail to comply charges.

18There has been no evidence of self-harming in the past year.

19Various techniques and tools that would supplement fitness training were raised with Dr. Khan including lengthening the current 30-minute fitness sessions., use of a model court room and watching a short movie on fitness.

20It was acknowledged by Dr. Khan that Mr. Mandamin knew the meaning of the oath and perjury.

21Mr. Mandamin viewed the role of a judge as the one who had to listen to both sides. According to Dr. Khan, Mr. Mandamin’s belief that a guilty verdict was not possible arose because he thought that such a conclusion would be unfair.

22Mr. Mandamin testified. He was soft spoken but relatively clear. He informed the Board of several but not all his charges, and when they occurred. He described the role of his lawyer to hear what he had to say and defend his side. The judge would hear what the prosecutor and the defence say and make a decision. Mr. Mandamin indicated that he could obtain a lawyer through Legal Aid. His lawyer would explain the charges to him and help with the process. He described a trial as where the charges get presented. He said if found guilty he could go to jail or be found mentally ill. He described evidence as that which the police found. If sentenced, possible outcomes, according to Mr. Mandamin, included probation, community service, jail, and time served. If found not guilty, he could go home. It was the judge who passes sentence.

23Mr. Mandamin indicated his lawyer helps defend him including with his options. It was important to speak with his lawyer.

24When questioned about the purpose of a trial, Mr. Mandamin told the Board that trials are important to keep people from doing bad things.

25Following Mr. Mandamin’s testimony, Dr. Khan was recalled. Having reflected on Mr. Mandamin’s testimony, and while acknowledging some can view Mr. Mandamin as being marginally fit, Dr. Khan still had concerns regarding whether Mr. Mandamin was applying the fitness teachings to his own situation and reservations about whether Mr. Mandamin could communicate with counsel.

26In final submissions, the parties reiterated their earlier positions. Mr. Bracken advocated that fitness was present. His client had a reality-based understanding of the proceedings. He could comprehend the nature of the proceedings and communicate with counsel, albeit not at a sophisticated level.

27It was acknowledged by the Hospital that, if found fit to stand trial, Mr. Mandamin would remain in the hospital and that a fitness hearing by the court could subject to the court’s discretion, be conducted by video.

Analysis:

28The Board noted that Mr. Mandamin was a soft-spoken individual but expressed himself clearly. When he did not know the answer or did not have one, he acknowledged that. Importantly, The Board was of the view that Mr. Mandamin appeared to be alert and follow the entirety of what was a lengthy and complex hearing.

29Appreciating that fitness is fluid, the Board found that based on the evidence from the psychiatrist and after hearing the evidence, especially of Mr. Mandamin, that at the time of its hearing, Mr. Mandamin was fit to stand trial.

30We begin our analysis with noting that Mr. Mandamin does not demonstrate any evidence of delusions or hallucinations or symptoms of mental disorder. While Mr. Mandamin is soft-spoken, the Board considered his nature, cultural background, and the atmosphere in which he responded to a variety of questions from several persons. The Board notes that the psychiatrist acknowledged that based on the testimony and questioning before the Board, Mr. Mandamin might appear to be marginally fit. While Dr. Khan has concerns regarding memorization, the Board has no concerns in that respect. Fitness training, if successful, would necessarily involve repetitive exercises. Further, Mr. Mandamin displayed enough variety in his responses and comprehension in many relevant areas to satisfy the Board that his answers were not merely the result of memorization.

31In assessing fitness, the Board has considered the recent case of R v. Bharwani 2025 SCC 26. The issue of making reality-based decisions in the context of a defence and communicating them to his counsel was an upper most concern to the hospital. Yet Mr. Mandamin showed an appreciation of why trials are held and the various outcomes available arising out of the trial. Mr. Mandamin appreciates the value of his lawyer knows that counsel is there to assist him in preparing for trial and conducting it. Mr. Mandamin has a good understanding of the roles of the various justice participants and a solid understanding of what could happen if found guilty or not guilty.

32There is no question that, as all acknowledged, Mr. Mandamin’s fitness has been improving over time, including in the month or so that Dr. Khan has been supervising him.

33Mr. Mandamin has a mild intellectual disability that impacts his ability to express himself. However, he did fairly well, especially considering the formal atmosphere and the numerous questions posed by numerous questioners.

34Taking into account the evidence, including from the psychiatrist and Mr. Mandamin, the Board concludes that Mr. Mandamin is fit to stand trial. Of course, while he awaits trial scheduling, it would be beneficial to continue fitness sessions. Ultimately, the issue of fitness would be revisited by the court. Given Mr. Mandamin’s deficits, and, as the psychiatrist noted, a supportive, non-stress atmosphere would be beneficial when fitness is reviewed. Clear questioning is also encouraged.

35The Board was asked to loosen the current disposition. However, when the Board finds that the accused is fit, then, other than making a finding of fitness and ordering him returned to court, the Board has no authority to amend or replace the pre-existing disposition made at the last hearing of the Board. Authority for this view may be found in Evers v. British Columbia (Adult Forensic Psychiatric Services, Director), 2009 BCCA 560, at paras.77-80, R. v. Paré (2001), 2001 CanLII 19270 (ON CA), 159 C.C.C. (3d) 222 (Ont. C.A.), British Columbia (Adult Forensic Psychiatric Services, Director) v. Noodle, at paras. 22-24, McKenney, at para. 37, and Storey (Re), [2025] ORBD No 166, at para. 40. for this view may be found in Evers v. British Columbia (Adult Forensic Psychiatric Services, Director), 2009 BCCA 560, at paras.77-80, R. v. Paré (2001), 159 C.C.C. (3d) 222 (Ont. C.A.), British Columbia (Adult Forensic Psychiatric Services, Director) v. Noodle, at paras. 22-24, McKenney, at para. 37, and Storey (Re), [2025] ORBD No 166, at para. 40. By virtue of s. 672.63, the pre-existing disposition made under s. 672.54 remains in force unless and until replaced by a new bail order made by the court.

36The Hospital’s position of moving to increase the patient’s privileges is sound and we are encouraged by the trouble-free use of indirect grounds privileges several times a day. We wish Mr. Mandamin well.