Re Michel Larivière, 2026 CanLII 34211

Re: Michel Larivière

ORB File No: 3866

Hearing held on: Thursday, March 19, 2026

Place of hearing: North Bay Regional Health Centre

Pursuant to: Section 672.81 of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. W. Komer Dr. P. Wright Ms. N. Nathanson Mr. A. Bouvier

Parties Appearing: Accused: Michel Larivière Counsel: Mr. W. Stickland

Person in charge of Hospital: Representative: Mr. R. Holden Counsel: Mr. P. Trenker

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

REASONS FOR DISPOSITION

(Dated April 9, 2026)

Introduction:

1. Michel Larivière, age 63, was on November 28th, 2003, found not criminally responsible on account of mental disorder on charges of utter threats to cause death and commit mischief by willfully damaging property over $5000, contrary to the Criminal Code.

2. Mr. Larivière, who is subject to a detention order, with privileges up to and including to live in the community in a catchment area of the North Bay Regional Health Centre – North Bay Site (“the Hospital”), in accommodation approved by the person in charge, appeared before the Ontario Review Board (“the Board”) on March 19th, 2026 for his annual hearing.

3. The Board had before it as Exhibit 1 the Hospital Report dated January 29th, 2026.

Position of the Parties:

4. In preliminary positions all parties agreed that the current Disposition best served Mr. Larivière’s needs and the protection of the public. For purposes of clarification only, all parties agreed that clause 2(f) should now read: “passes anywhere in the Province of Ontario, including overnight, accompanied by staff, community agency staff or person approved by the person in charge”. Significant risk to the public was conceded. After hearing the evidence and submissions, the Board found that significant risk to the public continues to be present and that the joint submission should be accepted.

Current Diagnoses:

5. Mr. Larivière’s current diagnoses are:

• Schizoaffective Disorder, Bipolar Type.
• Cannabis Use Disorder, in remission in a controlled environment.
• Alcohol Use Disorder, in remission, in a controlled environment.
• Antisocial Personality Disorder.
• Borderline Intellectual Functioning.
• History of remote traumatic brain injury.
• Hypothyroidism.

6. Mr. Larivière is capable to consent to treatment, but the Public Guardian and Trustee manages his finances.

Index Offences:

7. The circumstances surrounding the index offences are as follows:

“On October 24, 2003, Sudbury Police attended 189 Pine Street. The landlady had reported that Mr. Larivière was going to “kill” her and burn the landlady’s house down. He was brandishing a broken dish in her face. Mr. Larivière who was a tenant in the building went to his room and began to overturn furniture. When police arrived, the landlady was in a distraught state. She had left the house to her vehicle to call the police.

When police entered the house, they found extensive damage throughout. Mr. Larivière was located in a room hiding under a bed, chairs, and shelves which had been overturned. He was advised that he would be charged with threats and assault with a weapon and mischief over $5000. The landlady expressed that she felt she was in grave danger throughout the incident and feared for her life.”

Background:

8. Mr. Larivière was raised in Bonfield, Ontario. He is the fifth in a sib line of eight. Records indicate his father was abusive and an alcoholic who passed away in 1993. His mother passed away in 2010. He encountered great difficulty in school and was placed in special education classes. He quit school in grade ten. He went out west to find employment. His history of employment is very limited, and he was transient, mainly in Ontario, and on several occasions in Quebec. Prior to the index offences, he accumulated a considerable criminal record. He began taking substances including cannabis, hashish, and prescription drugs at age 17. His first psychiatric hospitalization occurred in 1983. The Hospital describes a pattern of behaviour in which he becomes compliant with his medication in the community, spends his money, loses his accommodation, then seeks admission to hospital claiming to be suicidal. There are several dozen hospitalizations in his past.

Evidence at the Hearing:

9. Dr. J-G Gagnon has been treating Mr. Larivière since 2020. Dr. Gagnon describes how at various points in his long tenure with the Board, Mr. Larivière would be discharged to a group home but would have to be readmitted after a few months following recurrence of paranoia.

10. Sometimes Mr. Larivière would be challenging to female staff.

11. Dr. Gagnon noted that Mr. Larivière has limited insight into his mental illness and the benefits of medication.

12. Mr. Larivière is supported by passport funding that enables him to enter into the community. While Mr. Larivière has indirect privileges, for the most part he declines to make use of them. Mr. Larivière is quite comfortable in the hospital and, for now, it provides a good quality of life for him. He does much better in hospital. Dr. Gagnon told the Board that the Hospital is the best place for Mr. Larivière now.

13. Mr. Larivière is an artist. His paintings are on sale at the hospital store. He brought a painting to the Board to show the Board. Mr. Larivière participates in various activities in hospital. While he occasionally breaks rules, he can be managed in hospital. “The wheels fall off every time he is at a group home.” Dr. Gagnon notes it is difficult to identify a path forward. Potentially a long-term care home may be the answer.

14. Mr. Larivière has a habit of spending his money precipitously. Occasionally, he does that before the outing it is meant for. On one occasion he spent the money that was set aside for him to return to hospital by taxi, and the Hospital had to step in and retrieve him. The spending behaviour is probably the product of not understanding how to manage his finances rather than a deliberate attempt to flaunt the rules. As noted, Mr. Larivière is financially incapable.

15. Elopement is not an issue according to Dr. Gagnon. Mr. Larivière likes the hospital. There have been no positive tests for substances for some years.

Analysis:

16. Regarding significant threat, the Board adopts last year’s Reasons at paragraphs 18 to 20:

“Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Mr. Larivière does represent a significant threat to the safety public. He suffers from a major mental illness, schizoaffective disorder, as well as having further diagnoses of antisocial personality disorder, cannabis and alcohol use disorder. He has been assessed as having borderline intellectual functioning and has a history of remote traumatic brain injury. He has a lengthy criminal record including penitentiary length sentences and has a history of failing to comply with court orders or adhere to recommended psychiatric treatment.

Although Mr. Larivière is largely asymptomatic while in hospital with limited privileges, attempts to increase his level of privileges and increase access to the community have resulted in decompensation and a return of delusions and paranoia.

Absent Board supervision there is little doubt that Mr. Larivière would not adhere to psychiatric treatment and suffer rapid decompensation resulting in a significant risk of physical and/or psychological harm to members of the public.”

17. The Board finds that the evidence supports the joint submission. Mr. Larivière does very well in hospital. He does not do well in group homes. Mr. Larivière has a history of non-compliance with court orders, non-adherence to medication, substance use, and limited engagement. If not in hospital he would fall away from treatment and be a danger to the public. The Hospital requires the authority to approve any residence in the community. In Mr. Larivière’s case a detention order and his stay in hospital makes him happy and he enjoys a better quality of life in hospital than in the community. If Mr. Larivière can manage more freedom the Disposition will continue to support him. We wish Mr. Larivière well in the upcoming year.

DATED this 9th day of April 2026, at the City of Toronto, in the Toronto Region.

Mr. M. D. Segal Alternate Chairperson

Office of the Registrar Ontario Review Board