Ontario Review Board
Re: Nigel White
ORB File No: 8946
Hearing held on: Wednesday, April 1, 2026
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Clapp
Members: Dr. R. Wood Hill Dr. A. Gibas Ms. C. Murray Ms. B. Little
Parties Appearing:
Accused: Nigel White Counsel: Ms. C. Whillier
Person in Charge of Hospital: Representative: Ms. M. Kraftscik
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated April 14, 2026)
Overview
On January 20, 2026, Nigel White was found not criminally responsible (“NCR”) on account of mental disorder on charges of aggravated assault and fail to comply with probation order, contrary to the Criminal Code of Canada (“Criminal Code”).
The Court did not make a disposition and ordered Mr. White to be detained at the Waypoint Centre for Mental Health Care (“Waypoint” or “the hospital”), pending an initial disposition of the Ontario Review Board, pursuant to s. 672.47(1) of the Criminal Code.
On Wednesday, April 1, 2026, this panel of the Board convened at Waypoint to conduct the initial hearing. Mr. White was present for the hearing and represented by counsel, Ms. Whillier.
At the outset of the proceedings, all parties were canvassed for their without prejudice positions on the issues to be determined by the Board. On behalf of the hospital, Ms. Kraftscik submitted that Mr. White remains a significant threat to the safety of the public and she recommended a Detention Order at Waypoint’s High Secure Provincial Forensic Programs Division with the terms and privileges as follows:
a) to attend within or outside of the hospital for necessary medical, dental, legal or compassionate purposes;
b) hospital grounds privileges, beyond the secure perimeter, escorted by staff;
c) abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;
d) submit samples of his urine and/or breath to the person in charge of the Waypoint Centre for Mental Health Care, or his or her designate for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant; and
e) refrain from having in his possession any firearm, ammunition or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer.
These recommendations were supported by Ms. Curry on behalf of the Attorney General. Ms. Whillier advised that Mr. White was no longer seeking a transfer to the Centre for Addiction and Mental Health (“CAMH”), was not contesting the issue of significant risk, and supported the recommendations of the hospital.
Therefore, there was a joint position on all issues. The parties maintained their joint position in closing submissions.
Evidence at the Hearing
The documentary evidence at the hearing consisted of the Hospital Report dated February 13, 2026 (Exhibit 1), a Rule 13 Letter to CAMH dated March 2, 2026 (Exhibit 2), and a Rule 13 Response from CAMH dated March 27, 2026 (Exhibit 3). The panel also had materials from the criminal court file as part of the record.
Dr. A. Bunker gave viva voce evidence at the hearing.
Index Offence
- The index offences are extracted from the Hospital Report, as follows:
“Aggravated Assault
On Tuesday September 17th, 2024 at approximately 11:50am, the victim was on the east-bound platform at the Runnymede Subway Station. The victim noticed the accused was yelling and throwing items onto the subway tracks as he was walking toward him. The victim stepped onto the yellow safety strip to avoid the accused. The accused, completely unprovoked, shoved the victim onto the live subway tracks, having no regard for the victim's life.
The victim sustained minor cuts to his body. He did not receive treatment for the injuries.
The accused fled on foot and made good his escape.
On Thursday October 10th , 2024, TTC special constables were engaged in high visibility patrols at Kennedy Subway Station when they recognized the accused from an internal bulletin. The Special Constables placed the accused under arrest, read his rights to counsel and he was transported to 11 Division for a Show Cause bail hearing.
Fail to Comply with Probation
On August 10th 2023, the accused appeared before the Honourable Justice H. Amarshi and entered into a Probation Order at the Ontario Court of Justice. He was released on several conditions, namely, "Keep the peace and be of good behaviour.”
Current Psychiatric Diagnoses
- Schizophrenia, in partial remission Alcohol, Cannabis, and Cocaine Use Disorders, Severe, in sustained remission in a controlled environment
Background Information
The Hospital Report contains detailed information about Mr. White’s personal background and history and need not be repeated in these reasons beyond the following material points.
Mr. White was born in Jamaica on March 1, 1977. He emigrated to Canada with his parents when he was approximately six years old. Mr. White reported that his mother “kicked him out of the house” around grade nine or ten due to his cannabis use. He reported that he completed secondary school. He reportedly worked at various jobs, including auto mechanics.
Mr. White is supported by Ontario Disability Support Program.
Mr. White has a criminal history commencing in 1998 with convictions including theft under (x2), fail to attend court, assault (x9), assault causing bodily harm (x4), utter threats (x2), robbery, fail to comply with recognizance, fail to comply with probation order (x4), aggravated assault, assault with a weapon, indecent exhibition, and indecent act (x2), fail to appear.
Mr. White has an extensive substance use history. He began consuming alcohol around the age of 12. He estimated variable consumption, possibly around 24 cans of beer per day. He first used cannabis in high school and estimated use in the early fall of 2024 to be five times per week. He also regularly used crack cocaine, stating that he used it “practically” to allow him to stay up at night to “protect” himself, given his longstanding homelessness. Mr. White has also tried LSD, psilocybin, and opioids but disliked those substances.
Mr. White received a diagnosis of schizophrenia at the age of 18 while incarcerated at the Scarborough Detention Centre in 1995.
Mr. White was involved with the COTA Program via their Court Support Services from May 27, 2011, to January 20, 2025. Multiple notes describe him as non-compliant with treatment recommendations with respect to schizophrenia and substance use. His housing was described as persistently unstable.
In September 2016, Mr. White was assessed pursuant to a Form 6 (Order for Attendance for Examination) while he was in custody for charges of aggravated assault, assault, and assault causing bodily harm. At the time of the assessment, he was prescribed olanzapine.
In March 2020, Mr. White was seen at Sunnybrook Health Sciences Centre following an incident on the subway wherein he assaulted four people. He reported consuming eleven cans of beer earlier in the day and daily use of crack cocaine. He reported non-compliance with olanzapine.
From April through July 2024, Mr. White presented at various hospitals for medical complaints and was seen each time by psychiatry services.
From August 3 to August 7, 2024, Mr. White was admitted to Mount Sinai hospital for decompensated heart failure, which responded in hospital to the heart medications with which he had been non-compliant. He was seen by psychiatry services during the admission. He reported non-bothersome / non-command auditory hallucinations.
Mr. White was admitted to Waypoint from August 20, 2025, to November 24, 2025, for an assessment of his criminal responsibility in relation to the index offences. At the end of his admission, Mr. White reported a shallow commitment to olanzapine compliance but admitted this was more likely in an institutional setting. Though he denied a willingness to change his substance use, he committed to abstinence in an institutional setting. During that admission, a Montreal Cognitive Assessment (MoCA)was conducted. His score was 16 out of 30, which is low for a person of his age without a neurocognitive disorder. Mr. White was placed on a leave of absence (“LOA”) from Waypoint on October 17, 2025, and returned to Toronto South Detention Center to await his court date. He was formally discharged from Waypoint on November 25, 2025, while still on a LOA.
Mr. White was re-admitted to the Forensic Assessment Program of Waypoint on January 27, 2026, after having been found NCR in relation to the index offences. On February 3, 2026, Dr. Bunker noted the following:
“Mr. White's insight into his illness, substance use, violence risk, and commitment to treatment all remain under-developed. His cognitive ability also appears compromised, although not formally tested, so it is unclear to what extent one might expect him to develop meaningful insight. Mr. White certainly does not appear interested in investing in the rehabilitative process despite his superficial commitment to oral antipsychotics. He is entirely precontemplative with respect to substance use and left to his own devices, would almost certainly return to the Toronto streets, use substances, stop his medications, and assault more strangers.
Positively, his compliance with antipsychotics has meaningfully reduced his symptoms (particularly paranoia and auditory hallucinations) that were previously implicated in his assaultive behaviour. His forced substance abstinence has also reduced his acute risk of harm to others. However, again, this is entirely externally imposed.”
- Mr. White is capable of making treatment decisions.
Oral Evidence at the Hearing
- Dr. Bunker provided oral evidence at the hearing as follows:
(a) There have been changes to Mr. White’s medication regimen since the drafting of the Hospital Report. Mr. White is now receiving 15mg of olanzapine and 20mg of zuclopenthixol daily. Since the change in medications, Mr. White’s problematic comments to female staff have increased, which may be medication related. Therefore, further changes to his medication are currently on hold.
(b) Mr. White has C2 privileges, which allow him to leave the unit independently for up to 1 hour. He has not yet exercised this privilege.
(c) The treatment team unanimously recommends Mr. White’s detention at Waypoint. Dr. Bunker clearly summarized the reasons for this recommendation: It is Mr. White’s first tenure under the ORB, and he does not understand the process. He appears to be frustrated that he is not being discharged. Historically, Mr. White acts out aggressively when stressed and the treatment team, therefore, has concerns regarding how he will behave when receiving unfavourable information. Because Mr. White can be non-compliant with oral medications, the team recommends switching him to an injectable medication in a secure environment. Mr. White has a very severe history of substance use in terms of length of use, frequency of use, and quantity. He intends to keep using substances, including alcohol, stimulants, and cannabis. In the high secure environment of Waypoint, he has less access to substances. It is important to minimize his access to substances and attempt motivate him to change his views on substance use.
(d) Mr. White suffers from a severe psychotic illness. Substance use greatly increases his risk to the public. This increase in risk is partially related to his preference for alcohol, which can increase aggression. Stimulants can also increase aggression. Cannabis use can also increase his psychosis, which can result in an increase in aggression.
(e) Mr. Whites’s cognitive capacity could also impact his risk to the public insofar as his inability to make connections between medication non-compliance and substance use to his risk of violence. However, his cognitive capacity needs to be more fully evaluated because the results of the MoCA can be affected by the psychosis he is experiencing.
(f) In response to questions of Ms. Curry, Dr. Bunker testified that it will be important to complete the PCL-R and VRAG risk assessment tools in the coming year. In the next year, Dr. Bunker would like to see Mr. White switch to a different antipsychotic due to his medical comorbidities, engage in programming, leave the unit to participate in activities, participate in groups, and meet with an addiction’s counsellor.
(g) In response to questions of Ms. Whillier, Dr. Bunker confirmed that Mr. White currently has access to groups. Mr. White does not socialize on the unit. Although Mr. White has requested to go to the canteen, he then suggested that the staff bring the desired items from the canteen to him.
(h) Mr. White spends most of his day in bed sleeping. Dr. Bunker pointed out that, in fairness to Mr. White, he has a lot of medical issues including sleep apnea, which could leave him quite exhausted during the day. He has been referred to a sleep clinic in order to address his sleep apnea and obtain a better understanding of the reasons behind his lack of motivation.
(i) Dr. Bunker last spoke with Mr. White about his substance use two weeks prior to this hearing. He joked about whether he could purchase beer at the canteen. He expressed a desire to continue using stimulants and alcohol.
(j) There is a plan to transition Mr. White from oral zuclopenthixol to injectable zuclopenthixol. This transition will take months. Dr. Bunker has not noticed the emergence of psychotic symptoms as his medication changes take place. However, there has been an uptick in sexual comments toward staff, which may be a result of him being more comfortable on the unit.
(k) Mr. White’s insight into his mental illness is superficial.
(l) In response to questions of the panel, Dr. Bunker testified that she is changing Mr. White’s medication to zuclopenthixol because olanzapine has a high side-effect burden.
Analysis and Conclusion
Having heard and considered the entirety of the evidence, as well as joint submissions of the parties, the Board independently finds that Mr. White represents a significant threat to 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. Bunker, in addition to the documentary evidence before us.
Mr. White’s risk to the public arises from his diagnoses. When psychotic, he experiences aggravating auditory hallucinations that lead to violence. He has an extensive history of violence including a criminal record of several assaults. The index offence of aggravated assault occurred while Mr. White was unmedicated and likely intoxicated. The index offence had the potential to be lethal since Mr. White pushed a stranger onto subway tracks, while under the belief that the victim had made racial slurs. The Hospital Report (pages 7 to 11) describes a number of disturbingly similar prior offences that Mr. White committed in subway stations or on the Toronto Transit Commission (“TTC”) services.
Mr. White has a long-standing history of non-compliance with psychiatric medication. Further, he has an extensive history of substance use. He has committed to compliance with medications only in an institutional setting. He has expressed a desire to continue using substances. If Mr. White were not under the auspices of the ORB, he would resume his prior life on the streets and engage in violence similar to the index offence.
In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.
The Board accepts Dr. Bunker’s evidence regarding the unanimous recommendation for detention at Waypoint. Mr. White has poor insight into his illness, substance use, violence risk and need for treatment. In the Hospital Report at page 33, Dr. Bunker states,
“It is my overall assessment that Mr. White has a non-existent understanding of how his mental illness and substance use put him at risk for violent behaviour.”
Mr. White has few protective factors, all of which are externally imposed. The greatest protective factor is his detention at Waypoint, which provides a highly structured and secure facility with limited access to substances. Mr. White has expressed a desire to return to substance use. If he were detained in a less secure hospital, he would likely gain access to substances.
The Board agrees with and relies on the re-offence scenario set out at page 33 of the Hospital Report, extracted as follows:
“The likely re-offence scenario for Mr. White is, given supervision latitude, he is likely to become non-compliant with his anti-psychotic medication and resume use of stimulants, alcohol, and cannabis. Due to this combination, he is likely to quickly relapse into a psychotic thought process with persecutory delusions and derogatory auditory hallucinations. He is likely to misattribute these to anyone in his vicinity, and he is likely to physically act out with potential for severe violence.
Again, Mr. White has repeatedly engaged in such behaviour and so such a
scenario is not difficult to imagine nor predict.”
Mr. White’s paranoia and auditory hallucinations have diminished with consistent adherence to medication in the hospital. There are plans to make changes to Mr. White’s medications, which should be done in a secure setting to reduce the risk of violence.
Upon consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. White, his reintegration into society and his other needs, we conclude that the necessary and appropriate Disposition is a Detention Order at Waypoint’s High Secure Provincial Forensic Programs Division on the terms jointly recommended by the parties, as set out in our formal Disposition.
DATED this 14th day of April 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Murray Legal Member
__________________ Office of the Registrar Ontario Review Board