Ontario Review Board
Re: Jeffrey Potter
ORB File No: 8490
Hearing held on: Thursday, February 12, 2026
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Sections 672.48(1) and 672.81(2) of the Criminal Code
Before:
Alternate Chairperson: Mr. D. Sandor
Members: Dr. S. Lessard
Dr. R. Cormier
Ms. M. Labrosse
Ms. B. Naegele
Parties Appearing:
Accused: Jeffrey Potter Counsel: Mr. A. Sheivari
Person in charge of hospital: Representative: Dr. A. Alabi
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 13, 2026)
Introduction
- On February 16, 2024, Jeffrey Potter, who was 72 years old at the time of the hearing, was found unfit to stand trial on account of mental disorder on the following charges contrary to the Criminal Code of Canada:
Assault peace officer,
Take weapon of peace officer in execution of duty, and
Mischief/damage property not exceeding $5000.
Mr. Potter is currently subject to a disposition of the Ontario Review Board dated June 25th, 2024, detaining him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (hereinafter referred to as “the Hospital”) with privileges up to and including to live in the community in accommodation approved by the person in charge.
On February 12th, 2026, the Ontario Review Board convened a hearing at the Hospital to review that disposition pursuant to section 672.81(1) and 672.48(1) of the Criminal Code. Mr. Potter and was assisted by his lawyer, Mr. Sheivari.
The record for the hearing included the Notice of Hearing, dated January 9, 2026, the most recent Disposition, dated August 19, 2025, and the Reasons for that Disposition, dated September 10, 2025. On the consent of all parties, a Hospital Report dated January 21, 2026, was admitted into evidence.
The parties were canvassed for their positions on this early review. All confirmed the position that Mr. Potter remained unfit and continued to represent a significant threat to the safety of the public and that a detention disposition was necessary to manage that risk. Dr. A. Alabi, Mr. Potter’s treating psychiatrist spoke for the Hospital and explained that the early review was needed to permit Mr. Potter to transition to services that would be provided to him by his long-term care facility. These services would include the ability to enter the community of Ottawa or surrounding areas, escorted or indirectly supervised by staff from either the Hospital or the long-term care facility. Mr. Potter had already been granted the privilege of living in the community of Ottawa and the surrounding area in accommodation approved by the person in charge.
Counsel for Mr. Potter supported the Hospital’s proposal on the change of conditions. Ms. Dufort, representing the Attorney General, joined the other parties on the issues of fitness, significant threat and the necessity and appropriateness of a detention disposition, having regard to the objectives set out in s. 672.54 of the Criminal Code, but reserved on the proposed changes to the conditions in the Disposition, pending questioning.
Ultimately, Ms. Dufort joined the other parties in support of the Hospital’s recommendations.
For the following reasons, the Board agrees with the joint submission. Mr. Potter remains unfit as that term has been explained by the Supreme Court of Canada in R. v. Bharwani, 2025 SCC 26. That finding is based both on the contents of the Hospital Report and on Mr. Potter’s demeanour and statements as observed by the Board at the opening of the hearing. The Board has also concluded that Mr. Potter continues to represent a significant threat to the safety of the community as that term is defined in section 672.5401 of the Criminal Code and as it has been further explained by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Facility), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. The Board is finally satisfied that an amended detention disposition as requested by the Hospital is necessary and appropriate having regard to the objective set out in section 672.54 of the Criminal Code, the primary of which is the assurance of the safety of the public.
Evidence at the Hearing
- The evidence at the hearing was presented through the Hospital Report and the viva voce testimony offered by Dr. Alabi. Turning first to the Hospital Report, it is cumulative in nature and includes a summary of the index offences as contained in the most recent Reasons for Disposition:
“On Sunday, July 16, 2023 Ottawa Police responded to call for service at LCBO store located at 6065 Hazelden Rd. Staff were reporting that a drunk male was in the store throwing bottles of alcohol after being refused service. The male left the store. Another call was received for the intersection of Hazeldean Rd. and Stittsville Main St. of a male swearing and throwing stuff. Cst. Lathan arrived in the area where persons pointed out subject who wandered behind apartment building. She recognized male as person she had dealt with in recent past causing issues at local businesses. Cst. Lathan verbally told male to stop that he was under arrest for mischief and male walked away. She followed male while waiting for back up as he was known to be aggressive. They ended up walking to the Giant Tiger/construction site area on Hazelden Rd. As other officers were arriving Cst. Lathan engaged the male advising him he was under arrest. The male tried to pull away and struggle ensued. Male was taken to the ground. As Cst. Lathen was trying to handcuff male he punched her in the face causing some red marks. Male then grabbed a hold of Cst. Lathan's gun with both hands. Cst. Lathan delivered a strike to male who let go of the gun and started to follow directions. He was handcuffed and escorted to 474 Elgin St. Read R&C. Held for show cause.”
- Mr. Potter continues to struggle with a major mental illness. His current diagnoses are:
Neurocognitive disorder related to both his history of head trauma and history of alcohol use disorder, and
Unspecified Schizophrenia Spectrum and Other Psychotic Disorder
By way of history, Mr. Potter was born in Toronto in a family consisting of his mother, father and sisters. His homelife is generally described as positive, though his father developed dementia and his mother struggled with alcohol use. Mr. Potter has some college education and has worked in various capacities both in the service industry and with the Department of National Defence as a chef and banquet organizer. He lost this job in 2013 because of increasing absenteeism. He is currently a Canada Pension Plan and Old Age Security recipient. He has a history of being victimized by scammers, which has led to his sister Margaret having to take steps to limit his access to his money.
Mr. Potter lived independently and with friends for years prior to his frequent hospitalizations. His sister Margaret reported that he struggled with keeping a clean home and would rely on others to clean for him. He had hired cleaning services to help him in the past. He engaged from time to time in hoarding. His failure to pay rent or to maintain his rental units in proper condition led to evictions both from apartments and motels that he lived in. As a result, his family helped him obtain residence in Carleton Place, which continued until he experienced a head injury in 2017. Following this he continued to struggle with maintaining housing. In 2019 he was removed from a motel he was residing at in Smith Falls after refusing to permit cleaning staff to enter for an extended period of time. The room was found in a malodorous state consisting of messes of faecal matter and urine from both him and his cat. The police were called, and Mr. Potter was brought to the Brockville General Hospital where he was released to a shelter.
The Ottawa shelters have no record of Mr. Potter staying with them since 2022. It is unknown where he has been staying. Mr. Potter’s sister stated that friends of the family had seen him in the summer of 2023 at a grocery store in Stitsville and he looked well kept. Mr. Potter reportedly had alcohol problems dating back to 1982. He had stated that he had attended residential treatment in the past. It was reported that the various injuries Mr. Potter sustained over the course of his adult life led him to begin self-medicating with alcohol and numerous prescribed and over the counter medications. Several sources report alcohol intake of at least one bottle of wine per day. Mr. Potter’s sister stated that her brother has a long history of alcohol use.
Criminal History
- Mr. Potter has a limited criminal record. He was convicted of driving with more than 80mgs of alcohol in his blood on February 9, 2012, in Orangeville, Ontario, and he was sentenced to a fine of $100 and prohibited from driving for one year.
Psychiatric History
- Historically, Mr. Potter has struggled with “a sense he cannot control situations or that he is not in control overall”. He has described feeling like he was mistreated by others and has struggled with concentration and poor coping skills. He reported lifelong anxiety and excessive worrying. He has struggled with alcohol since 1982. He has been diagnosed with multiple major mental illnesses over the years prior to the current diagnosis. Historic diagnoses have included generalized anxiety disorder, panic disorder, dysthymic disorder, chronic alcohol dependence and narcissistic personality traits. He has struggled with hygiene, aggressivity and rapid escalation to anger.
Update from the Hospital Report
The Hospital Report’s update begins at page 41. It explains that Mr. Potter continues to present with chronic grandiose delusions. He has been observed responding to unseen stimuli and has indicated that he can speak to his son telepathically. Increased medications have reduced but not eliminated these symptoms.
Mr. Potter was referred to a long-term care placement but resisted transitioning there. He persisted in delusional beliefs that he was the owner of a large estate with stewards who could provide for his care. Questioning his beliefs brings on high levels of irritability for Mr. Potter. Ultimately, on December 3, 2025, Mr. Potter’s long-term care placement at Carling Manor was confirmed and a transfer date was arranged working through Mr. Potter’s niece and his substitute decision maker. While Mr. Potter was disgruntled, he did not resist the transfer.
Since Mr. Potter’s transfer, he has persisted in his delusions and has displayed hostility and aggressivity, particularly when dealing with court matters. In his evidence to the Board, Dr. Alabi addressed the balancing of the 672.54 objectives the Hospital undertook while arranging for Mr. Potter’s transfer to long-term care. He explained that Mr. Potter elevated quickly and was irritable and derogatory, even with family or staff attempting to support or serve him. He indicated that Mr. Potter, absent intervention from his SDM, Mr. Potter would refuse medication. He has no insight into his major mental illness, need for medication, or the role it played in the commission of the index offence. He fluctuates in his understanding that Dr. Alabi is his doctor. He is reluctant to engage in treatment plans. His relationship with the treatment team is fragile and changeable. He has little understanding of the legal process or the nature and character of the charges he is facing. His delusions and irritability limit his capacity to engage with supports or professionals for any extended period.
Dr. Alabi testified that Mr. Potter could not participate meaningfully in a legal proceeding and, because of the severity of his delusions, could not meaningfully instruct counsel and make informed decisions pertaining to the outstanding legal process associated with the index offence.
Dr. Alabi explained though that, notwithstanding these concerns, Mr. Potter’s age and deteriorating physical condition left him bound to a wheelchair and in a state where the risk of serious physical and psychological harm to the public could be managed in a setting where Mr. Potter receives long-term care, supported by the Hospital and the treatment team. Dr. Alabi explained that the conditions being sought, including a reduction in reporting frequency, were designed to improve Mr. Potter’s quality of life, permitting long-term care staff to exercise some discretion in moving him around, involving him in activities and giving him access to fresh air within the secure perimeter of the long-term care facility. Absent this flexibility, Mr. Potter’s ability to remain in long-term care is at risk.
Dr. Alabi explained that Mr. Potter is quite sedentary. He does not shower or ask for assistance. He is seen every Friday by his general practitioner. The current goal is to improve his quality of life over the next 12 months. He explained that, in terms of fitness, nothing had improved since last year’s hearing. Mr. Potter continues to suffer from severe delusions that negate any ability on his part to appreciate the nature and circumstances of the allegations he is facing. He does not grasp the fact that he is facing serious criminal charges (something that was noted by the panel following an outburst by Mr. Potter over the course of the hearing). He has no capacity to communicate effectively with counsel for the purpose of organizing a defence.
Ms. Dufort questioned Dr. Alabi on the practical impact of extending Mr. Potter the privilege of having indirectly supervised Hospital and grounds privileges, which would extend to the long-term care facility. Dr. Alabi explained that, in his view, this would not jeopardize the primary objective set out in section 672.54 of the Criminal Code – the assurance of the safety of the public. Dr. Alabi explained that this privilege was not expected to permit Mr. Potter to go into public on his own and that, owing to his declining physical health, it was unlikely that Mr. Potter could do so. It would however enable the long-term care facility to assist with Mr. Potter’s transfer to other facilities that have grounds or areas for him to be on within a secure perimeter, or that would facilitate outings to public parks.
Submissions
- As noted, at the end of the hearing, the panel was presented with a joint submission that the evidence had established that Mr. Potter continued to be unfit to stand trial, continued to represent a significant threat to the safety of the public, and that a detention disposition with the conditions proposed by the Hospital in its report was necessary and appropriate having regard to the objectives set out in section 672.54 of the Criminal Code.
Analysis and Conclusion
- Turning first to the issue of fitness, the Board is satisfied that Mr. Potter remains unfit to stand trial. In its decision in R. v. Bharwani, the Supreme Court of Canada maintained the contextual approach to the consideration of fitness employed by the Ontario Court of Appeal in the same case, cited at 2023 ONCA 203, it framed its analysis around the question of whether an individual is able to approach the criminal process in a reality-based manner. As stated in last year’s Reasons for Disposition at paragraph 29:
In this regard, one could consider questions such as whether an individual’s major mental illness negates that person’s ability to mount a substantive defence or respond to allegations made. It may negate the ability to understand plea options or their consequences or the nature and circumstances of the charges themselves. It may negate the ability to understand or accept the roles of individuals involved in the criminal process. It may result in an impossibility of meaningful dialogue with counsel. This is by no means an exhaustive list of the ways in which lack of reality-based ability to process and pursue a legal defence may give rise to a finding of unfitness. Nor are each of these considerations required to establish unfitness on a balance of probabilities. One or several of these factors may lead to a lack of fitness that cannot be addressed by any form of trial accommodation. It is noted of course that the purpose of accommodation in this context is not to ensure trial fairness in the face of problems with fitness. Available accommodation, to be a consideration, would have to be considered to address lack of fitness itself.
It is clear to the panel that Mr. Potter remains entirely unfit to stand trial. Mr. Potter is unable, in the context of his delusions, to meaningfully participate in the outstanding criminal proceedings. As was the case at his initial hearing, the evidence remains clear that even limited discussion with him surrounding the legal process, the index offences, or his mental health results in a worsening of his condition.
Turning then to the issue of significant threat, though Mr. Potter is now confined to a wheelchair, he continues in our view to represent a significant threat to the safety of the public. He continues to suffer from major mental illnesses that drive delusions, irritability and aggressivity, even towards members of his family and those that are seeking to serve and support him. He has no appreciation for the antipsychotic medications that have brought about a reduction but not an elimination of his symptoms and aggressivity. Absent a Board disposition, he would not take his medications, his symptoms would worsen, and he would certainly act out violently, most likely to staff or supports. In our view he satisfies the criteria set out in section 672.5401 and by the Supreme Court Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board also agrees that a detention disposition with conditions as proposed by the parties in their submissions is necessary and appropriate to satisfy the objectives set out in s. 672.54 of the Criminal Code. Clearly a detention disposition is necessary to assure the safety of the public. Mr. Potter’s major mental illness is serious, was a prominent factor in the commission of the index offence and continues to expose others to risk of serious physical harm, particularly if untreated. A detention disposition is needed to ensure that he receives necessary treatment to bring down his symptoms and to be able to approve his accommodations. No other less intrusive option would satisfy s. 672.54’s primary objective.
The Board also agrees with the changes recommended by the parties that provide some level of flexibility to staff from the long-term care facility. Mr. Potter’s mental health and other needs, including the ultimate objective of reintegration into the community warrant the granting of such privileges, particularly where there is no evidence that doing so will compromise the primary objective.
Accordingly, it is our conclusion that Mr. Potter continues to be unfit to stand trial, continues to represent a significant threat to the safety of the public, and that a detention order with conditions as proposed by the parties is necessary and appropriate having regard to the objectives set out in s. 672.54 of the Criminal Code.
An Order will issue accordingly. The panel thanks all involved in this hearing for their assistance.
DATED this 13th day of April 2026, at the City of Toronto, in the Toronto Region.
Mr. D. Sandor Legal Member
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Office of the Registrar
Ontario Review Board