Ontario Review Board
Re: Wesley Shortt
ORB File No. 4723
Hearing Date: March 6, 2026
Hearing Location: St. Joseph’s Healthcare Hamilton, West 5th Campus
Pursuant to: ss. 672.81(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. K. McKenna
Members: Dr. K. Hand Dr. T. Stirpe Ms. M. McKinnon
Parties Appearing:
Accused: Wesley Shortt Counsel: Mr. J. Marshman
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated April 13, 2026)
Introduction
Mr. Shortt was found not criminally responsible (NCR) on March 7, 2007, for the Criminal Code offences of utter threats and fail to comply with probation.
He is currently subject to a detention order under a Disposition dated December 24, 2024, with privileges that extend to living in the community of Southern Ontario in accommodation approved by the person in charge.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 6, 2026, at St. Joseph’s Healthcare Hamilton, West 5th Campus, (St. Joseph’s or the Hospital) to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada.
At the commencement of the hearing, the Hospital recommended that Mr. Shortt was a significant threat to the safety of the public, and that a continuation of the current detention order with the same terms and conditions was necessary and appropriate. Crown Counsel and counsel for Mr. Shortt supported the Hospital’s recommendation.
After considering the evidence, the panel also concluded that a continuation of the detention order with the same terms and conditions was appropriate.
Index Offences
- On November 10, 2006, Mr. Shortt was in his bedroom yelling and screaming. His father entered the room and told him to be quiet and take his medication. Mr. Shortt replied, “fuck off and get out of my room or I’ll kill you.” He followed his father out of the bedroom and continued to threaten to kill him. His father left the house to calm down, and Mr. Shortt told his mother and sister that, if his father told him to take his medication when he returned, Mr. Shortt would put him to the ground and stab him as hard as he could in the face until he was puking up blood. Mr. Shortt’s father was very disturbed by these comments and called the police. Mr. Shortt was on probation at the time with a term that he keep the peace and be of good behaviour.
The event giving rise to the probation order occurred on April 23, 2006. Mr. Shortt was a patient at the Homewood Health Centre in Guelph. He approached a co-patient and proceeded to punch the co-patient in the face and arms. He was placed on probation for this assault.
Evidence
The evidence at this hearing consisted of the Hospital Report dated February 12, 2026, and the testimony of Dr. Alatishe.
Mr. Shortt is diagnosed with Schizophrenia and Intellectual Disability.
He has been in the forensic system and under a detention order for almost twenty years. Mr. Shortt remained an inpatient from the time of the index offences until February 2022, when he was discharged to live in the community in an apartment staffed with 24-hour support and supervision by the Choices Association. Mr. Shortt resides in a two-bedroom apartment. In preparation for his placement, the second bedroom was converted into an office to facilitate staff presence in close proximity, and to allow for careful monitoring of his condition.
Since his discharge to the community, Mr. Shortt has been readmitted to the hospital on six occasions, including, March 5-18 and June 23-July 15 this past year.
Mr. Shortt is incapable to manage his treatment decisions or finances.
The symptoms of his Schizophrenia are refractory and were active this past year. He was frequently observed responding to internal stimuli, including tracking invisible clues, mumbling, and inappropriate laughter. He occasionally discusses auditory hallucinations, describing the derogatory voices as “roofers or diddlers” and the pleasant voices as “angels of innocence.”
Mr. Shortt is seen by the outpatient case manager eight time per month, and sees Dr. Alatishe monthly at the forensic outpatient clinic.
Mr. Shortt also suffers from various physical ailments. These include, obesity, COPD, obstructive sleep apnea/hypoventilation syndrome, and chronic cigarette use. He is often reluctant to engage in routine medical follow-up for these conditions.
Mr. Shortt has a history of “cheeking” his medication. The staff at Choices now routinely look inside his mouth after medication has been dispensed to ensure he has taken his medication properly.
This past year, Mr. Shortt has struggled with rule adherence and cooperation with staff. Persistent behavioural concerns are related to poor sleep hygiene, cooperation and respectful attitude towards the Choices staff, adhering to his curfew, and adhering to his care plan, specifically concerning daily showers.
From February to April 2025, Mr. Shortt frequently breached his curfew by leaving his apartment at night to obtain cigarettes from other tenants. This could be as early as 4:30 a.m. A particular tenant threatened to contact the police after Mr. Shortt attended at her door in the middle of the night. She felt very intimidated.
On two occasions, April and October 2025, complaints were filed by other tenants in regard to Mr. Shortt urinating in the outdoor smoking shelter. This behaviour was addressed directly with Mr. Shortt, but he appeared indifferent to the seriousness of the issue which was attributed to his limited insight and impaired judgment.
Mr. Shortt is content with his social activities, such as trips to Tim Hortons, to the movies, and to Gage Park. He does not have an interest in structured activities beyond his current routine.
The Hospital Report listed a number of notable incidents in 2025, some of which are cited below.
On January 13th, Mr. Shortt exhibited increased irritability and aggression. In a raised voice he threatened a staff member.
On March 4th, he became agitated when a staff member asked Mr. Shortt to open his mouth after medication had been administered to confirm that he had actually swallowed the medication. Mr. Shortt became verbally aggressive, telling the staff member to “fuck off” and using racial slurs. As his behaviour escalated, the staff member left the room to ensure her personal safety. The Choices Manager spoke to Mr. Shortt by phone, and she described a bizarre conversation where it appeared Mr. Shortt was speaking to someone else in his room, knowing he was alone. He would make comments totally unrelated to their conversation. After his case manager visited with him the following day, Mr. Shortt was admitted to hospital.
In the early days of his admission to St. Joseph’s, Mr. Shortt displayed increased disorganization and referenced historical delusional themes that had not been experienced in some time, including grandiosity, body image concerns, and sexual ideation. He returned to baseline after 7-10 days., and was subsequently discharged back to his apartment.
On April 24th, Mr. Shortt experienced difficulty breathing. He reluctantly agreed to attend a clinic, and upon assessment, it was discovered that his oxygen level was approximately 80%. He was directed to the emergency department. He was treated, provided with medication, and discharged. His initial reaction to this incident was to blame his case manager for forcing him to attend the emergency department.
On June 23, Mr. Shortt was readmitted to St. Joseph’s. Choices expressed concern with his behaviour over the previous weekend. He was reluctant to take his medication, and became verbally agitated with staff when he attempted to leave the residence late at night. The Forensic Outpatient Program spoke to Mr. Shortt. He sounded odd and off his baseline. He was brought to the hospital for assessment. Mr. Shortt appeared physically unwell in the hospital. He was disoriented and irritable. He displayed laboured breathing, reduced alertness, and fluctuating orientation. Within an hour of his admission, his physical condition deteriorated. He became hypoxic and in respiratory distress with oxygen saturation at 72%. He was urgently transferred to the Emergency Department and subsequently to the intensive care unit where he was treated for hypercapnic respiratory failure in the context of COPD. He responded well to treatment with BiPAP, corticosteroids, and optimized inhaler therapy. Mr. Shortt returned to St. Joseph’s on July 1st, and was then discharged back to Choices on July 15th.
On July 25th, Mr. Shortt was observed to be making bizarre comments, and demanding a new psychiatrist. He admitted to Dr. Alatishe that he had recently been “cheeking” his medication. There were further incidents of irritable behaviour and profane comments towards staff.
Mr. Shortt was taken to the Emergency Department on December 12, 2025 by ambulance after he hadn’t initially responded to staff’s attempts at waking him. At one point he mumbled “it ain’t going good.” From the Emergency Department he was transferred to the intensive care unit. He was treated for hypercarbic respiratory failure and left leg cellulitis.
The staff at Choices have developed a behavioural support plan for Mr. Shortt to manage behavioural incidents, prevent escalation, and guide the use of PRN medication for intrusive challenging behaviour. The staff has also met with the Forensic Outpatient Team Case Manager and Behavioural Analyst to review the behavioural plan and to develop effective communications strategies.
Mr. Shortt has a cousin who lives in Guelph with whom he visits periodically.
Testimony Dr. Alatishe
Dr. Alatishe updated Mr. Shortt’s current situation. Mr. Shortt was admitted to the Juravinski intensive care unit on January 6, 2026, and then discharged to St. Joseph’s on February 24th. Before discharging Mr. Shortt back to Choices, Dr. Alatishe would like to see Mr. Shortt develop more strength by walking and exercising. He confirmed that the Choices residence is still available for Mr. Shortt.
Dr. Alatishe indicated to counsel for Mr. Shortt that mentally Mr. Shortt is at his relative baseline, and that it is his physical limitations that are keeping him in hospital at this time.
Analysis
A detention order with the same terms and conditions as in last year’s Disposition is necessary and appropriate.
Mr. Shortt requires significant support to address his mental health needs and his physical health needs. His psychotic symptoms persist, and have resulted in substantial fluctuation in his behaviour. This past year, he often demonstrated agitation, irritability, and verbal aggression towards staff. He fails consistently to abide by the rules of the residence, and has regularly complained about his medication. He has been observed to “cheek” his medication which inevitably has led to a decline in his stability.
Mr. Shortt suffers from various and serious health issues. He was admitted to an intensive care unit on two occasions this year for respiratory illnesses, and until he recovers sufficiently to be discharged to Choices, he remains at this time in St. Joseph’s.
He has also been readmitted to St. Joseph’s as a result of mental health decline and an escalation of aggressive behaviour.
Mr. Shortt is receiving a tremendous amount of support from the Choices staff and the Forensic Outpatient Program, which is necessary to manage his risk to public safety while living in the community.
To manage his risk to public safety, and the risk to his own safety, a detention order is appropriate. Hopefully, he is able to return to Choices in the near future.
Dated this 13th day of April 2026, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Alternate Chair
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Office of the Registrar
Ontario Review Board