Re: Nichelle Johnson
ORB File No: 8224
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: Nichelle Johnson
Counsel: Mr. C. Bracken
Person-in-Charge of Hospital Counsel: Mr. P. Trenker
Attorney General of Ontario: Counsel: Ms. M. Mazurski
REASONS FOR DISPOSITION
(Dated April 10, 2026)
Introduction
On January 25, 2023, Nichelle Johnson was found not criminally responsible on account of mental disorder on charges of theft under $5000.00 and robbery, contrary to the Criminal Code. Ms. Johnson is subject to a Disposition of the Ontario Review Board (“the Board”) dated March 21, 2025, ordering her transfer to the Thunder Bay Regional Health Sciences Centre and pending the transfer, a Detention Order at the North Bay Regional Health Centre - North Bay Site (“the Hospital”). The conditions of Detention are the same at both the North Bay Regional Health Centre - North Bay Site and Thunder Bay Regional Health Sciences Centre with privileges up to and including residence in the community in the catchment area of the Hospital in 24-hour a day supervised accommodation approved by the person in charge.
On Friday, March 20, 2026, the Board convened a hearing to review Nichelle Johnson’s Disposition pursuant to section 672.81(1) of the Criminal Code. Ms. Johnson was present and represented by counsel, Mr. Bracken. The issues to be determined at the hearing were whether Ms. Johnson 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 was that the current Disposition should remain in place with amendments requiring that Ms. Johnson abstain from non-medicinal use of alcohol, drugs, or any intoxicants and to submit breath and/or urine samples for testing.
Counsel for the Ministry of the Attorney General supported the Hospital’s position.
Counsel for Ms. Johnson sought an amendment permitting travel passes that would enable her to travel to the Northwest Region.
Counsel for the Hospital and Ministry of the Attorney General did not object to the inclusion of staff escorted travel passes of up to 7 days.
For reasons that follow, the Board finds that Nichelle Johnson 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 the same conditions as well as the addition of the requested amendments: abstention from substances, providing samples for testing and permitting staff escorted travel passes for up to 7 days.
Index Offences:
- The circumstances surrounding the Index Offence are summarized from last year’s Reasons for Disposition.
On the 16th of July 2022, at 0947 hours, Kenora OPP responded to a report by management of theft at Safeway, 400 First Avenue South, Kenora, Ontario. Nichelle Johnson had stolen items from the bakery and meat aisle and left on foot towards the Banister Centre wearing a grey hoodie, burgundy leggings, and pink backpack carrying a green reusable bag. The store had warned Ms. Johnson several times in the past about stealing. Ms. Johnson was known to police, and she was located and arrested with the stolen items in her possession. Safeway video footage showed Ms. Johnson walking around the store placing merchandise into a green reusable Safeway bag, which was also stolen. The value at the amount stolen was $48.36. Nichelle Johnson was released with a court date of 11 August 2022.
On October 22, 2022, at 0739 a.m. police were contacted regarding an assault by a woman at the Shell Gas station located at 405 Second St. Kenora. The victim, who was working at the gas station reported that a female, later identified as Ms. Johnson, grabbed a chocolate bar, and started to walk out of the store without paying. She did not stop when the victim called after her to stop. The victim confronted her at the front of the store, placed a hand on her to stop her from leaving, and Ms. Johnson punched him in the face. The victim let Ms. Johnson leave and contacted police. The victim had a swollen and bleeding lip. Video footage confirmed Nichelle Johnson’s identity. Ms. Johnson was known to police in regard to numerous mental health issues.
Police located Ms. Johnson walking on Main St. talking to herself. When arrested, Ms. Johnson spoke incomprehensibly to police, indicating that she has been murdered many times while going to the District Jail, asked for her mother and spoke to herself during the drive to the police detachment.
Background Information Regarding the Accused:
- The Hospital Report, containing Ms. Johnson’s full personal, legal, and psychiatric background was filed at the hearing as Exhibit 1, therefore it is not necessary to repeat the details. However, the following background facts are highlighted. Ms. Johnson, an Indigenous person, is 32 years old, was born in Winnipeg, Manitoba and raised mainly in Calgary. She lived with her mother, and later with her maternal grandparents. At age 15, she spent 6 months in a foster home. Her mental health issues emerged in early adolescence. She heard voices and engaged in self-harm. She had a relationship and a son, who was later apprehended at age 3. Ms. Johnson was experiencing auditory hallucinations during this period. Ms. Johnson had two children with another partner. Those children were apprehended and placed in the care of her maternal grandparents.
Psychiatric History
Ms. Johnson’s initial psychiatric admission was at 22 years of age after the birth of her second child. She was diagnosed with Schizophrenia at 24 years of age.
She was involved with an Assertive Community Treatment Team (“ACTT”) but had a history of noncompliance with treatment, program rules, substance use, aggressive behaviour, and false accusations against male staff. She was discharged from the program in 2022 due to her refusal to engage or participate with the team and her psychiatrist.
In the year prior to the finding of Not Criminally Responsible, there were approximately 40 visits to the Emergency Department at Lake of the Woods District Hospital in Kenora. The Emergency records primarily indicate various health concerns, housing issues, medication non-compliance, substance use (crystal methamphetamine and cannabis), and symptoms of psychosis.
Legal History:
- Ms. Johnson has convictions for failure to comply with release orders x 2 and break and enter, all in 2018.
Substance Use History
- Ms. Johnson started using marijuana and alcohol in her teenage years and has a history of use of MDMA, opiates, cocaine, and methamphetamines.
Current Diagnosis
- Ms. Johnson’s current diagnoses are:
Schizophrenia
Methamphetamine Use Disorder
Course in Hospital This Year
Ms. Johnson has experienced gradual but meaningful clinical improvement. She was adherent to medication within the controlled environment and appropriately requested PRN medications when experiencing symptoms. She demonstrated marginal improvements to insight into her illness and judgment.
Ms. Johnson can exhibit periods of disorganization, tangentiality, irritability and impulsivity. Issues with stress management and rule adherence have greatly decreased. While occasionally experiencing hallucinations and delusional thoughts, she is more receptive to strategies that manage these symptoms. However, she speaks almost daily about wanting to use drugs and she remains a risk for elopement – having eloped for two days in February 2025 and on June 27, 2025, engaged in plans to abscond. As a result, privileges have been extended cautiously and methodically. By January 2026, Ms. Johnson was granted additional indirectly supervised privileges on hospital grounds. Recently, her privileges were placed on hold, due to increased elopement risk while her mother was visiting.
Aboriginal Cultural Involvement
- In the 2024 section of the Hospital Report, it was noted that Ms. Johnson had engaged in cultural activities with Mînowacihewin (“MINO”) Indigenous services, participating in events such as the Bannock Social, Wellness Circle, smudging ceremonies, seasonal feasts, and moon ceremonies. The Report notes that this year she participated in the MINO Indigenous Services and enjoys ceremonies and cultural crafts.
Housing
- Ms. Johnson resides at Heron Lodge at the Hospital. A transfer to Hummingbird Lodge has been offered but Ms. Johnson declined, citing a dislike for their groups and programming and stated, “I'm a girl/boy,” expressing that she should not be at Hummingbird. 1
Risk Assessment
- An assessment of risk of violent reoffence using actuarial tools was completed in January 2025, however, Ms. Johnson declined to participate in a risk assessment interview. The findings were that her risk for future violence is high (without all the supports in place); her risk for serious physical harm (i.e., severity of the violence) is high and her risk for imminent violence is moderate (given all the supports in place).
Evidence at the Hearing:
Dr. Le, Ms. Johnson’s treating psychiatrist, provided evidence. Ms. Johnson has made progress this year as compared to last year which was a low point. She has exhibited some sexually inappropriate behaviour, made poor decisions about money, and made comments about leaving Hospital and the province. However, she has become much more cooperative this year and there has been less impulsivity, though some issues remain. As a result, she has been granted only limited hospital and ground privileges.
Dr. Le explained that substance use by Ms. Johnson can lead to decompensation and violence. She has a history of methamphetamine use which can interfere with the efficacy of her medication and can lead to psychosis. While on an indirect privilege last year, she absconded, sought alcohol and drugs, and became psychotic. When psychotic, she can engage in fire setting behaviour and violence.
Ms. Johnson’s indirectly supervised hospital privileges were suspended recently as a preventative measure. Ms. Johnson had made written and verbal comments about leaving. She is doing fairly well now, and it is anticipated that privileges will be reinstated in the near future.
When she is able to successfully navigate indirectly supervised privileges, the Hospital will begin to discuss supervised community housing.
Ms. Johnson wants to live near her family. She is on a waitlist for transfer to a Hospital in Thunder Bay. However, the most recent contact with the Thunder Bay Hospital indicated that could take several years.
Upon questioning from the Board, Dr. Le stated that, while it was not the usual process, it may be possible to place Ms. Johnson in community housing in Thunder Bay without first admitting her to a hospital in Thunder Bay. Dr. Le undertook to make the appropriate inquiries.
Dr. Le supports permitting the inclusion of staff escorted travel passes in the Disposition to foster connection with family and to act as an incentive for Ms. Johnson. There is a reasonable possibility that Ms. Johnson will be ready within the next 12 months to exercise the passes. The Hospital would want to ensure Ms. Johnson did well on shorter excursions before permitting long distance visits to the Northwest.
Ms. Johnson’s Indigenous heritage is important to her, and she has been highly engaged in Indigenous cultural activities.
Ms. Johnson addressed the Board by reading a statement. She indicated that she felt oppressed because she was unable to get back into the community. She misses her friends and family in Kenora, and she expressed that she wants to live in CMHA supported Indigenous focussed housing or live with her mom.
Final Submissions
All parties maintained the same positions expressed at the outset of the hearing.
Ms. Johnson’s counsel, Mr. Bracken noted that Ms. Johnson understands the gradual approach being taken. She is seeking ways to keep connected to her family. She is hopeful for supervised community housing in the coming year.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions of the parties, the Board finds that Ms. Johnson 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. Le in addition to the documentary evidence before us.
The findings of the risk assessment demonstrated that without all the current supports in place, Ms. Johnson’s risk for future violence and for serious physical harm is high. Her risk for imminent violence is moderate with all the supports in place.
The Hospital Report and Dr. Le’s verbal evidence demonstrate that while Ms. Johnson has made progress this year, she continues to engage in some risky conduct, and she has indicated several times this year that she would leave. When she absconded last year, she sought drugs and alcohol, decompensated and became psychotic. Psychosis can lead her to engage in violence and fire setting. Substances, particularly, methamphetamines, can negatively impact the efficacy of Ms. Johnson’s medication. This evidence supports the inclusion of a requirement that Ms. Johnson refrain from substances and submit tests for analysis. The evidence also supports the continued need for the structure and supports of a Detention Order.
We note Ms. Johnson’s desire to be closer to family and to live in the community. She is on a waitlist for transfer to Thunder Bay Regional Health Sciences Centre. The wait will be several years. Accordingly, it is appropriate to permit staff escorted travel passes to visit family. It is hoped that Ms. Johnson’s conduct will stabilize this year to the point where she can exercise these passes. Further, when community housing is being considered, the Board anticipates that the Hospital will consider options for 24 hour supervised community housing. In accordance with the evidence, the Board expects inquiries to be made about community housing in Thunder Bay without the need to wait for an admission to hospital in Thunder Bay.
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 Ms. Johnson’s mental condition, her reintegration into society and her other needs, the necessary and appropriate Disposition is a Detention Order, upon the terms as recommended by the Hospital and Mr. Bracken.
The Board wishes Ms. Johnson well in the upcoming year.
DATED this 10th 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