Re: Rogen Jaleel Smith
ORB File No: 8957
Hearing held on: Tuesday, March 17, 2026
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. P. Prendergast Dr. W. Loza Ms. J. Greenwood Ms. R. MacIntyre
Parties Appearing:
Accused: Rogen J. Smith Counsel: Mr. D. Delle Fave
The person in charge of hospital: Counsel: Mr. L. Crowell
Attorney General of Ontario: Counsel: Mr. T. Hewitt
REASONS FOR DISPOSITION
(Dated April 22, 2026)
Introduction
On February 9, 2026, Rogen Smith was found not criminally responsible on account of mental disorder (NCR) on charges of attempted murder, assault with a weapon. and failing to comply with a release order, contrary to the Criminal Code of Canada. The Honourable Court declined to make a disposition and remitted the matter for a hearing before the Ontario Review Board (ORB/the Board). Pursuant to a Warrant of Committal dated February 9, 2026, Mr. Smith was detained at Ontario Shores Centre for Mental Health Services (Ontario Shores/the hospital).
On March 17, 2026, the Board convened a panel to conduct Mr. Smith’s initial hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Smith was present and represented by his counsel, Mr. Delle Fave.
At the outset of the proceedings, the parties were canvassed as to their positions on the issues to be determined by the Board: whether Mr. Smith represents a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria in s. 672.54 of the Criminal Code.
Mr. Crowell, on behalf of the hospital, submitted that Mr. Smith represents a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order with discretionary privileges up to and including the ability to reside in the community in approved accommodation.
Mr. Hewitt, on behalf of the Ministry of the Attorney General, agreed with the hospital’s positions, but for the privilege allowing for community living. Further, Mr. Hewitt submitted that conditions prohibiting Mr. Smith from contacting the victims and attending the address where the index offences occurred were necessary and appropriate.
Mr. Delle Fave concurred in the hospital’s positions and took no issue with the added conditions as recommended by the Ministry of the Attorney General. Mr. Delle Fave specifically conceded the issue of significant threat and agreed that a detention order was necessary and appropriate at this time.
Findings
- For the reasons that follow, the panel found that Mr. Smith represents a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order with the conditions as recommended by the parties. The panel declined, however, to include a condition allowing for community living.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated March 4, 2026 (ex. 1), and the viva voce evidence of Dr. Karayilan, a psychiatrist and Clinical Fellow in Forensic Psychiatry, who has been treating Mr. Smith under the supervision of Dr. Wang, a forensic psychiatrist at Ontario Shores.