Re: David White
ORB File No: 6283
Hearing held on: Thursday, March 19, 2026
Place of hearing: North Bay Regional Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M. Segal
Members: Dr. W. Komer
Dr. P. Wright
Ms. N. Nathanson
Mr. A. Bouvier
Parties Appearing:
Accused: David White
Counsel: Mr. W. Stickland
Person-in-Charge of Hospital Counsel: Mr. P. Trenker
Attorney General of Ontario: Counsel: Ms. D. McCaig
REASONS FOR DISPOSITION
(Dated April 9, 2026)
Introduction:
On February 11, 2013, David White was found not criminally responsible on account of mental disorder on charges of criminal harassment and fail to comply with a probation order (x2), all contrary to the Criminal Code. Mr. White is subject to a Disposition of the Ontario Review Board (“the Board”) dated March 27, 2025, ordering his detention at the Forensic Program of the North Bay Regional Health Centre (“the Hospital”) with privileges up to and including residence in the community in the catchment area of the Hospital in accommodation approved by the person in charge.
On Thursday, March 19, 2026, the Board convened a hearing to review Mr. White’s Disposition pursuant to section 672.81(1) of the Criminal Code. Mr. White was not present. Mr. Stickland who had represented Mr. White at the last Disposition hearing was present and indicated that Mr. White did not wish to participate today and had declined to speak with him, and as a result, he had no instructions. At the request of the Board for any further information, Dr. Munro stated that Mr. White had chosen not to attend the hearing as he was not a morning person. The Board appointed Mr. Stickland as Amicus Curiae and the matter proceeded in the absence of Mr. White (s. 672.5 (10)(a) of the Criminal Code).
The issues to be determined at the hearing were whether Mr. White continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Position of the Parties:
- The Hospital’s position is that the necessary and appropriate Disposition is that the current Disposition should remain in place with one amendment:
2 (f) travel passes, including overnight, upon first obtaining approval of his itinerary by the Person in Charge of the hospital, or his/her designate, to travel within Ontario, indirectly supervised
Ms. McCaig, Counsel for the Ministry of the Attorney General supported the Hospital’s position.
Counsel for Mr. White made no submission.
The parties retained their original positions in final submissions.
For reasons that follow, the Board finds that Mr. White continues to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition is a continuation of the current Detention Order with same conditions except adding the amendment as requested by the Hospital.
Index Offences:
- The circumstances surrounding the Index Offence are summarized from information in the Hospital Report and last year’s Reasons for Disposition.
Mr. White had previously been charged with threatening Alisha Theriault and was on probation with numerous conditions pertaining to her and her partner, Justin Richards. Specifically, Mr. White was not to have any communication directly or indirectly with them, to remain away from their place of residence, and not to molest, harass or physically interfere with them.
Between 5 or 6 p.m. on June 14, 2012, while Ms. Theriault was in her driveway preparing her car to take her son to the mall, Mr. White, from the steps of his residence, stated ‘I can see you; you’re so desirable!’
Mr. White appeared to be fixated on Ms. Theriault and Mr. Richards. He had yelled at anyone who attended their home and he would walk past their residence, playing his music loudly, and standing outside yelling every time they exited their home.
When police spoke to the complainants on June 15, 2012, they reported that Mr. White had been ranting and raving and drinking while outside of his house for the past two days, and that when they arrived home that day at approximately 1230 hours, he told them to fuck off and to go inside, and then he screamed something about sending him back to jail. The complainants had not only observed Mr. White sitting on his steps ranting and playing very loud music, but also on the street walking past their house around 2300 or 2330 hours on June 14, 2012, and again at 0300 hours on June 15, 2012. They had called the police, who had then attended and directed Mr. White back to his residence.
The complainants indicated that they felt very unsafe, particularly in view of the fact that they have young children. Ms. Theriault had been unable to sleep for two nights due to the noise. When located by police, Mr. White appeared intoxicated and was talking loudly and incessantly Mr. White was arrested on two charges of breach of probation. Police subsequently charged him with criminal harassment.
Background Information Regarding the Accused:
- The Board admitted into evidence the Hospital Report dated January 31st, 2026. The Hospital Report provides in-depth information concerning Mr. White, his personal history, his mental health history, details of the index offence and Mr. White’s course in hospital and in the community subsequent to the date of the original NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the substantial background information it contains in these Reasons. Certain highlights are noted below and the stated diagnoses of:
Schizoaffective Disorder, Bipolar Type
Mild Neurocognitive Impairment secondary to TBI
Alcohol Use Disorder, in sustained remission in a controlled environment
Cannabis Use Disorder, in sustained remission in a controlled environment
Mr. White is 64 years of age, single and has no dependents. He was born in Nova Scotia and is the third oldest sibling of six boys. In 1967, when he was five years old, Mr. White’s family relocated to Sault Ste. Marie where his father worked in the steel mill. He dropped out of school and left the family home at 16. His mother reports that he became difficult to reason with and was not willing to be told what to do.
Mr. White suffered a head injury in a motorcycle accident when he was 22. An MRI in March 2024 indicated mild-to-moderate atrophy of the brain and chronic microvascular disease.
Legal History:
- Mr. White has criminal convictions for uttering threats x2 and breaches of court orders x3 from the spring of 2012, a few months prior to the index offences. The incident involves Mr. White being observed by a neighbour staring at the window of the same female victim as in the Index Offence on February 2, 2012. When the neighbour asked him to stop, Mr. White stated that he was going to “stick a knife in her ass, rip her up to the throat and have my way with her.” Upon arrest, the next day, Mr. White attributed his comments to being drunk.
Substance Use History:
- Mr. White has a lengthy history of substance use including alcohol and cannabis.
Psychiatric History:
Mr. White’s first hospital admission with respect to mental health related issues appears to have occurred in 1989 but clinical records from the Sault Ste. Marie area prior to 2008 have not been made available to the Hospital.
In 2008 Mr. White was admitted to hospital after having been brought to the emergency room by police. After a few weeks he was discharged with a diagnosis of schizophrenia and alcohol abuse. He was again admitted to hospital in 2010 after a community nurse reported that he was hearing voices and had thoughts of hurting himself. He was admitted to hospital for observation with respect to self-harm. His discharge diagnosis was schizophrenia versus schizoaffective disorder and alcohol abuse. In 2011 he was brought to the emergency room by his CMHA worker as he was drinking excessively and falling down frequently. He had stopped his long-acting medication a few months prior. After restarting his medications, he settled and was discharged with a diagnosis of schizophrenia and alcohol abuse.
After being found NCR, Mr. White was detained in Hospital until 2017 when he moved back into his home in Sault Ste. Marie, initially on a leave of absence from Hospital and subsequently on a Conditional Discharge in 2019. However, he was readmitted to Hospital twice in 2018. In 2022, he was readmitted again and has been residing in Hospital since that time. All readmissions were due to decompensation, in which he experienced hallucinations and became paranoid about his neighbours.
Mr. White has been residing at the Hospital on Osprey Lodge during the past year.
Mr. White has telephone contact with his mother and brother. A younger brother passed away this year.
There have been no significant management issues in the past reporting year.
The Hospital Report identifies the following factors relating to risk and support:
Factors Indicative of Significant Risk
Mr. White suffers from Schizoaffective Disorder, Bipolar Type and has difficulty recognizing the symptoms of his illness when unwell.
At the present time, Mr. White continues to exhibit positive symptoms of his psychiatric illness, which have been exacerbated by his recent attempt to quit smoking.
Mr. White has variable insight into his mental illness and need for ongoing medication compliance.
Mr. White has a substantial history of alcohol and cannabis misuse, along with limited awareness of the serious dangers his substance use poses to his own safety and public safety.
Mr. White has a history of non-compliance with psychopharmacological treatment and with psychiatric follow-up when living in the community.
Mr. White has a previous history consistent with some antisocial traits.
Mr. White lacks insight into the impact of his behaviour on others and minimizes his responsibility for his unlawful behaviour.
Mr. White has a history of breaching probation orders.
progressive decline in ability.
Factors Contributing to Low Risk
Mr. White has not been a management issue since his readmission.
Mr. White has maintained relationships with family members.
Mr. White has abstained from alcohol and cannabis during his current hospitalization.
Risk Assessment identifies Mr. White as low risk with current supports in place but a moderate risk for future violence without current supports in place. The risk of serious physical harm (i.e. severity) is high.
Evidence at the Hearing:
Dr. Munro, Mr. White’s treating psychiatrist, gave evidence. Mr. White has been extremely stable this year. With the exception of some chronic hallucinations that do not appear bothersome, his mental status is good. He spends most of his time on his own though he goes into the community shopping and to a local gym. Dr. Munro noted no behavioural concerns. His cognitive status has been stable. His insight into his illness and the need to avoid substances has been historically variable. He has less insight into the need for medication.
Mr. White has been on the waiting list for St. George, a 24/7 supervised community residence in Sault Ste. Marie for several years. Mr. White has family in Sault Ste. Marie. Because he has stable housing, in Hospital, other candidates without stable housing are prioritized on the waitlist for this residence. However, Mr. White’s case manager is diligently advocating for him.
Mr. White continues to represent a significant threat to public safety. He has been discharged from Hospital to community housing several times, returned to using substances, and decompensated quickly.
Mr. White has indicated to Dr. Munro that he is content to remain at the Hospital awaiting a placement at St. George.
In response to questions from Mr. Stickland, Dr. Munro stated that recent efforts have not focussed on finding Mr. White a community residence in North Bay as his preference is now to live in the community in Sault Ste. Marie and to remain in Hospital while awaiting such placement. There are long waitlists for North Bay housing with few places that could provide the type of support that Mr. White requires. The Hospital Report notes that in 2023, two applications for housing were submitted in North Bay on Mr. White’s behalf but he was not the successful candidate in either application.
In response to a question from the Board, Dr. Munro stated that the Hospital will arrange family visits home.
Analysis and Conclusions:
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. White poses a significant threat to the safety of the public.
In Winko, the Supreme Court outlined that, in coming to the conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence, including: the circumstances of the original offence; the past and expected course of the accused’s treatment; the present state of the NCR accused’s medical condition; the NCR accused’s own plans for the future; the support existing for the NCR accused in the community; and most importantly, the recommendations provided by experts who examined the NCR accused.
In coming to our conclusion in this matter, the Board relies on the uncontroverted expert evidence of Dr. Munro in addition to the documentary evidence presented.
The Board takes into consideration the fact that Mr. White is stable and doing well on his current Disposition residing in Hospital. With the current oversight program, Mr. White’s risk to the safety of the public is low, however, it is likely he would decompensate quickly in the absence of such oversight.
The Board accepts the Hospital’s plan to transition Mr. White from Hospital to supported supervised housing in Sault Ste. Marie when it becomes available.
In R. v. Ramos 2025 ONCA 820, the Court reminds us of the obligation to look carefully at situations where lack of housing is the basis for an NCR accused remaining in hospital. While Mr. White could be transitioned to 24/7 supervised community housing if it were available, he continues, for the time being, to require the oversight of a Detention Order to manage his risk. A careful approach is particularly important given his previous experiences living in the community where he quickly decompensated. He has expressed that he is content to remain in Hospital until such housing is available in Sault Ste. Marie.
The Board anticipates that the Hospital will continue its diligent efforts to advocate for appropriate supervised community housing in Sault Ste Marie and provide a progress report at next year’s hearing.
In consideration of all the evidence, submissions of the parties and criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition, his reintegration into society and his other needs, the necessary and appropriate Disposition is a Detention Order, upon the terms as recommended by the Hospital including the amendment of last year’s Disposition to read as follows:
2 (f) travel passes, including overnight, upon first obtaining approval of his itinerary by the Person in Charge of the hospital, or his/her designate, to travel within Ontario, indirectly supervised.
DATED this 9th day of April 2026, at the City of Toronto, in the Region of Toronto.
Ms. N. Nathanson
Legal Member
Office of the Registrar
Ontario Review Board