Re Race B. Watson, 2026 CanLII 39754

Ontario Review Board

Re: Race B. Watson

ORB File No: 7879

Hearing held on: April 8, 2026

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby, Ontario

Pursuant to: Section 672.81 (1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J Weinstein Members: Dr. K. Hand Dr. M. Kalia Hon. A. Sosna Mr. J. Cyr

Parties Appearing:

Accused: Race B. Watson Counsel: Ms. J. Boissonneault

The Person in charge of Hospital: Counsel: Mr. K. Dow

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated: May 1, 2026)

Introduction:

1. On April 22, 2021, Race Watson was found not criminally responsible on account of a mental disorder on charges of Possession of a Firearm and Mischief, contrary to the Criminal Code of Canada (“Criminal Code”).

2. He is currently subject to an Ontario Review Board Disposition dated April 22, 2025, whereby he is detained at the Ontario Shores Centre for Mental Health Sciences, 700 Gordon Street, Whitby, Ontario (“Ontario Shores”), with discretionary privileges.

3. A panel of the Ontario Review Board (the “Board”) convened an annual meeting on April 8, 2026 at Ontario Shores to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Watson was present at the hearing and was represented by counsel, Ms. J. Boissonneault.

4. Dr. J. Pytyck testified at the hearing. Introduced into evidence is Exhibit 1, the Hospital Report dated March 8, 2026. Dr. Pytyck adopted the contents of the report.

5. The issue at this hearing is whether Mr. Watson is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.

6. At the outset of the proceedings, all parties were canvassed as to their positions on the two issues set out above.

7. Counsel for the hospital and counsel for the Attorney General, submitted that Mr. Watson continues to represent a significant threat to the safety of the public. Counsel for Mr. Watson did not challenge that submission. Accordingly, counsel agreed by joint submission that the necessary and appropriate disposition, having regard to the criteria set out in s. 672.54 of the Criminal Code, is a continuation of the current Detention Order.

8. Further, counsel agreed in principle to amend three terms in the present Detention Order, to be detailed later.

9. For the reasons that follow, the panel finds that Mr. Watson continues to represent a significant threat to the safety of the public, and the necessary, least restrictive, least onerous and appropriate disposition is a continuation of the present Detention Order with the amended terms proposed by counsel.

CURRENT PSYCHIATRIC DIAGNOSES:

10. Schizophrenia Cannabis Use Disorder

INDEX OFFENCES:

11. On the morning of January 21, 2021, Mr. Watson was on the sidewalk outside of victim’s address (his neighbour) when he fired off a starter pistol. He then proceeded to kick the victim’s front door several times, causing damage to the door frame. The incident was captured on the homeowner’s security footage. Mr. Watson was unknown to the victim.

12. Mr. Watson left the scene but returned hours later. The police were present and recognized Mr. Watson from the victim’s security footage. Mr. Watson was arrested. When questioned, he stated he fired the pistol and kicked the door of the residence in response to voices that directed him to do so.

Legal History:

13. Mr. Watson did not have any legal involvement as a youth or adolescent.

14. In 2019, as an adult, he was convicted on two counts of Assault, Mischief under $5000, and Escape Lawful Custody. He received a Suspended Sentence and was placed on probation for three years, which included a Weapons Prohibition Order.

15. In 2020, he was convicted of Theft under $5000, received a fine and was placed on probation for two years pursuant to a Suspended Sentence.

16. In 2021, Mr. Watson was convicted of Unlawfully in Possession of a Prohibited Firearm and Possession of Weapons Dangerous to the Public. In addition to receiving credit for 90 days of pre-trial custody, he was sentenced to an additional one day in custody and placed on probation for 12 months.

Background History:

17. Mr. Watson is 31 years old. He is single and has no dependants. After completing Grade 12, he was employed in a variety of construction and roofing jobs. He also worked part-time in a box factory and for approximately one year for a moving company. He left that employment, finding the job too physically exhausting. At the time of the index offences, Mr. Watson was residing in a rented room and supported by the Ontario Disability Support Program (ODSP). Mr. Watson’s criminal record has been reviewed above.

18. Mr. Watson has a history of problematic drug use. He started using cannabis in grade 10, consuming one to two grams daily. Preceding the index offences, he was consuming approximately 14 grams daily. Mr. Watson did not wish to detail his cocaine use. He started consuming alcohol while in high school. The amount of alcohol he consumed increased over time.

Previous Psychiatric History:

19. Mr. Watson’s mother noticed significant changes in her son’s mental health in 2011/2012, when he was 16 or 17 years old. He experienced psychotic and auditory hallucinations. Mr. Watson’s first psychiatric admission to hospital was in 2014. He was 18 years old at the time. Numerous hospital admissions followed. He was diagnosed with schizophrenia.

20. One day prior to a hospital admission in April 2017, Mr. Watson was struck by a car and may have sustained a traumatic brain injury. His mother reported that after the accident, Mr. Watson was “paranoid big time”, hearing hundreds of voices. He stopped taking his antipsychotic medications, and a decline in his mental state was noted. He was deemed unable to consent to treatment, and a community treatment order was initiated, with his mother acting as a substitute decision maker.

21. In July 2018, Mr. Watson was admitted to hospital pursuant to a Form 1 under the Mental Health Act due to worsening psychosis and aggressive behaviour. It was reported that he had assaulted his brother and his mother’s partner. Mr. Watson was placed on a Form 3 and assaulted a staff member when attempting to leave the hospital. Mr. Watson was delusional, dismissive of his symptoms, and fixated on returning home. His medication was reintroduced, and he was discharged back to his mother’s home.

22. Following his arrest for the index offences, Mr. Watson was detained and initially transferred to the Ontario Shores Forensic Assessment Unit. In July 2021, he was transferred to another secure forensic unit where he assaulted two co-patients, a male and a female. He was involved in several further fights that year. In 2024, he transferred to the general Forensic Transitional Unit at Ontario Shores.

23. At the Disposition Hearing held April 12, 2025, Dr. Pytyck testified Mr. Watson’s mental status had remained stable, and he had not presented with any overt psychotic symptoms. He continued to abstain from substances. He participated in programming, individual therapy, and psychosocial therapy. He remained compliant with medication and the necessary bloodwork. He acknowledged the importance of taking antipsychotic medication as prescribed.

24. However, Dr. Pytycyk noted that Mr. Watson expressed uncertainty concerning his diagnosis of schizophrenia and had denied experiencing symptoms consistent with that diagnosis. Dr. Pytyck testified that Mr. Watson had limited insight into the potential impact of cannabis use on his mental status. Although Mr. Watson stated that cannabis use may be beneficial, he advised he had no intention of consuming cannabis while under the jurisdiction of the ORB.

25. Dr. Pytyck opined that Mr. Watson remained a significant threat to the safety of the public based on his treatment-resistant illness, that historically had been shown to be brittle. His mental state deteriorated in times of stress, resulting in a significant loss of insight and an increase in aggression. She testified she had confidence that with the benefit of close observation and support from the treatment team, and Mr. Watson remaining compliant with his medication, abstaining from substances, and continuing with therapy, he could transition to residing in the community in the future.

26. The panel found, for these and other reasons, that Mr. Watson was a significant threat to public safety and would remain subject to the present Detention Order with added privileges set out in paragraphs (d), (e) and (f) of the Disposition dated April 22, 2025.

Evidence at the Present Hearing:

27. As reviewed above, Mr. Watson continues to be subject to a Detention Order pursuant to an ORB Disposition dated April 22, 2025. The Hospital Report (Exhibit 1) dated March 8, 2026, authored by Mr. Watson’s psychiatrist, Dr. Pytyck, details Mr. Watson’s current status.

28. Dr. Pytyck testified that since the 2025 Disposition, Mr. Watson has attended treatment programs, which included:

Sessions to enhance interpersonal relationships and conflict resolution;

A Motivational Group to encourage that goal;

“Illness Management & Recovery; Drug and Alcohol Use” sessions;

“Safe Space” sessions that celebrate recovery milestones; and

“Peace Love Expressive Arts” sessions designed to encourage participants to express their emotions through creativity.

In some of these sessions, Mr. Watson has taken up a lead role.

29. Mr. Watson has continued to take his medications as prescribed, and has not presented any management or behavioural concerns. Mr. Watson reported the medications are working well for him. Mr. Watson denied experiencing any paranoia or anxiety. He has not presented with any overt psychotic symptoms.

30. Mr. Watson denied experiencing any cravings for substances and stated he had no desire to return to the use of substances after six years of abstinence. Mr. Watson has not tested positive for any illicit substances during the last year. He has used his supervised hospital grounds privileges without issues and used passes for up to 72 hours with his family. His family maintained regular contact with him and continued to provide important support.

31. Mr. Watson presently remains on the waitlist for 24-hour supportive housing through Durham Mental Health Services. He was scheduled to have a placement in McKay House. However, when it was learned that a resident at McKay House had previously been involved in a physical altercation with Mr. Watson, it was determined that he [Mr. Watson] could not reside at McKay House. Although securing placements is difficult, arrangements are underway to find an alternate placement for Mr. Watson as soon as possible.

Clinical Assessment of Risk:

32. At page 37 of the Hospital Report (Exhibit 1), Dr. Pytyck provides the following assessment:

Mr. Watson’s historical risk factors for violent recidivism…continue to include clear evidence for a history of violence, other anti-social behaviour, relationships, substance use, major mental disorder, and treatment or supervision response. There is also partial evidence for a history of violent attitudes. Mr. Watson’s most relevant historical risk factors continue to be his major mental disorder, along with his history of problems with violence and treatment or supervision response.

Clinically, Mr. Watson has not exhibited any clear evidence for active symptoms of his major mental disorder over the past year in review. He has not exhibited any evidence for instability, or violent ideation or intent. There is partial evidence for recent problems with insight, in that he continues to have a limited understanding of the relationship between historical stressors, psychotic symptoms, and his aggressive behaviours. There is no evidence for recent problems with treatment or supervision response. Mr. Wilson has been fully adherent to his treatment plan and has been engaged with therapeutic programming, individual therapy, and vocational pursuits.

Analysis and Conclusions:

33. Having heard and considered the entirety of the evidence as well as the submissions of counsel, for the following reasons, the panel agrees with the joint submission that Mr. Watson remains a significant threat to the safety of the public.

34. In Winko, the Supreme Court of Canada outlined that in determining 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.

35. In coming to our conclusion in this matter, the panel relies on the expert evidence of Dr. Pytyck, in addition to the documentary evidence before us.

36. Notwithstanding that “clinically” Mr. Watson in the past reporting year has better stabilized, remained substance-free, adhered to his medication regime, engaged in therapeutic programs, and not exhibited any evidence of instability or aggression, the panel adopts Dr. Pytyck’s assessment of public risk set out at pages 37-38 of the Hospital Report:

In the unanimous opinion of the treatment team, Mr. Watson remains a significant threat to the safety of the public. The risk flows from his underlying major mental disorder, which is a treatment-resistant form of Schizophrenia. In the context of external stressors Mr. Watson has decompensated with psychotic symptomatology and has acted out aggressively towards individuals in his immediate vicinity. He likely remains somewhat brittle and vulnerable to stressors and has limited insight into his vulnerability… At this time a Detention Order…remains necessary and appropriate to manage Mr. Watson’s risk to the public….

37. The panel further orders the following terms to be amended in the present Detention Order:

Paragraphs (d) and (e) are amended to read: “passes for up to 72 hours to enter the community within a 150-kilometer radius of Ontario Shores Centre for Mental Health Sciences approved by the person in charge or his or her designate”;

Paragraph (f) is amended to read: “passes for up to 7 days to enter the community within the Province of Ontario approved by the person in charge or his or her designate.

38. After considering 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 of Mr. Watson, his reintegration into society and his other needs, the panel accepts the joint submission of counsel and finds that Mr. Watson continues to represent a significant threat to the safety of the public. Accordingly, the necessary, least restrictive, least onerous, and appropriate Disposition is a continuation of the present Detention Order with the amended terms proposed by counsel.

DATED this 1^st^ day of May 2026, at the City of Toronto, in the Toronto Region.

Alexander Sosna

Legal Member

____________________________

Office of the Registrar

Ontario Review Board