Re: Kashane Daley
ORB File No: 7780
Hearing held on: April 8, 2026
Place of hearing: Ontario Shores for Mental Health Sciences 700 Gordon Street Whitby Ontario
Pursuant to: Section 672.81 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: Kashane Daley
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:
Mr. Daley was found not criminally responsible on October 5, 2020, on account of a mental disorder (“NCR”) on charges of failing to comply with probation and aggravated assault contrary to the Criminal Code of Canada (the “Criminal Code”).
Mr. Daley is currently subject to a Disposition of the Ontario Review Board (ORB) dated June 18, 2025, discharging him subject to conditions.
A panel of the ORB convened on April 8, 2026 at Ontario Shores for Mental Health Sciences, 700 Gordon Street, Whitby, Ontario (“Ontario Shores”) for the annual review of Mr. Daley’s Disposition pursuant to s. 672.81 of the Criminal Code. Mr. Daley attended the hearing and was represented by counsel Ms. J. Boissonneault. Members of Mr. Daley’s family were also in attendance.
The Hospital Report dated March 17, 2026 was marked as Exhibit 1. In addition to the documentary evidence, Dr. D. Bhullar, Mr. Daley’s attending psychiatrist, gave evidence and adopted the contents of the Hospital Report.
The issues to be determined at the hearing were whether Mr. Daley continued to represent a significant threat to the safety of the public as set out in s. 672.54 of the Criminal Code, and if so, what is the necessary and appropriate Disposition to manage the risk was.
Position of the parties:
At the outset of the hearing, the parties were asked for their initial without prejudice positions. Counsel for the hospital took the position that Mr. Daley is not a significant threat to the safety of the public and submitted he be granted an Absolute Discharge.
Counsel for Mr. Daley supported the position of the hospital.
Counsel for the Attorney General similarly supported the hospital’s position. counsel.
Accordingly, a joint submission is submitted for the panel’s consideration.
Findings:
- For reasons that follow, the panel finds that Mr. Daley is not a threat to the safety of the public, and the necessary and appropriate Disposition is to grant Mr. Daley an Absolute Discharge pursuant to s. 672.54 of the Criminal Code.
Index Offences:
The summary of the index offences in part is set out in the June 2025 Reasons for Disposition.
On August 31, 2018, the 16-year-old victim was a customer in a Tim Hortons restaurant in Toronto. Mr. Daley was a passenger in his mother’s car as it entered the drive-through. Mr. Daley exited the vehicle, entered the restaurant and pulled out a knife. He put the victim in a headlock and stabbed him multiple times about the neck, left chest, and right arm. Mr. Daley then took the victim’s iPad, returned to his mother’s car, advising her that he had been stabbed. His mother drove him to a hospital to be treated.
The victim and Mr. Daley were strangers to each other. The incident was captured on surveillance video. When fleeing the restaurant, Mr. Daley dropped his wallet, containing his identification, at the scene.
The police attended the hospital shortly thereafter and arrested Mr. Daley. The police located the victim’s iPad in the hospital men’s washroom.
The victim sustained lacerations to the left and right side of his neck, two lacerations to his stomach and abdominal area, and two lacerations, one to the elbow and a second to the bicep of his right arm. The victim underwent surgery to repair lacerations to his liver and diaphragm. He sustained extensive bleeding. He remained in the hospital for eight days.
At the time of the incident, Mr. Daley breached two probation orders, that he keep the peace and be of good behaviour, and not possess any weapons as defined in the Criminal Code. The probation orders were issued as a result of previous criminal convictions imposed by the courts on Mr. Daley.
Background:
- Mr. Daley is 36 years old. He is single and has no dependants. He was born in Jamaica and immigrated to Canada with his family at the age of nine or ten. His father moved to the United States before he was born. He never met his father, who was reportedly murdered in 2011. Mr. Daley and his sister were raised by his mother and grandmother.
Education History:
- Mr. Daley and his sister had difficulties adjusting to school in Canada as both were unable to learn to read. His sister was eventually home-schooled. Mr. Daley was diagnosed with a learning disability at age 13. He exhibited behavioural problems in school, was involved in fights, and was habitually truant, which resulted in numerous suspensions. Mr. Daley left school in grade 11. He later graduated from high school at age 19 while in custody.
Employment History:
- Mr. Daley has had a checkered employment history, during which he was employed in construction, worked for a moving company, and worked as a dishwasher in a restaurant. His employment was typically short-lived, with the longest period being two months. He either quit or was fired for disruptive behaviour.
Substance Abuse History:
To be later detailed in the Assessment of Risk analysis, Mr. Daley’s substance and alcohol use was significant, problematic, and exacerbated his diagnosis of schizophrenia. That assessment accords with the history of substance and alcohol use set out in part at pages 11 and 12 of the Hospital Report.
Mr. Daley began using marijuana at age 10. By age 14, he was using one gram daily. He intermittently smoked marijuana, quit, and then resumed use prior to the index offences. Mr. Daley reported that marijuana use increased his paranoia but he was unable to elaborate. Mr. Daley reported that he smoked or snorted cocaine on three to four occasions but denied any use after age 16.
Mr. Daley reported moderate alcohol use, drinking occasionally and usually only one or two drinks. He denied any history of daily drinking, or withdrawal symptoms. He denied any alcohol use for the previous two to three years, and he denied being drunk since he was 15 years old.
Mr. Daley was seen at the Prompt Health Clinic (Ontario Shores) in July 2016, concerning symptoms of depression, anxiety, and possible psychosis. Mr. Daley reported use of alcohol (40 oz. rum and 15 beers every week), and cannabis (2-3g daily, beginning at age 14). The clinician opined that Mr. Daley’s symptoms were likely induced by substance abuse. His diagnosis in part included a cannabis-induced psychotic disorder; cannabis use disorder, severe; and alcohol use disorder, severe.
Legal History:
- Mr. Daley has an extensive criminal record commencing in 2013 through 2018. In that five year span, he was convicted of 28 criminal offences, including robbery x 2, theft under $5,000 x 3, uttering threats x 2, assault with a weapon x 4, fail to comply with recognizance x 4, failing to comply with Disposition x 4, break and enter with intent x 2, break and enter x 2, possession of a weapon, possession of property obtained by crime, fail to comply by probation x 3, possession of narcotics, assault, and possession of prohibited weapon.
Psychiatric History:
As reviewed above, Mr. Daley attended the Prompt Care Clinic at Ontario Shores in 2016 where he was seen for depression, anxiety, and possible psychosis. Subsequently, he had numerous psychiatric admissions to hospital.
At the time of the index offences, Mr. Daley reported experiencing visual and auditory hallucinations. In the month leading up to the alleged offences he resided in an apartment with his grandmother but left because he felt threatened by people in her apartment building. He then lived on the streets for several weeks, sleeping in his car. He heard voices threatening to kill him and he felt threatened when he claimed he saw a man holding an AK-47. On August 28, 2018, three days prior to the index offences, he was brought to hospital by police under the Mental Health Act, assessed and released.
That week, Mr. Daley attended a Tim Hortons restaurant and heard the victim, seated in the restaurant, threatening to kill him. Mr. Daley left but returned later to the restaurant. Voices were telling him the victim was present and waiting to kill him. Mr. Daley brought a knife to defend himself. He then attacked the victim slashing him with the knife.
After being found NCR on October 5, 2020, Mr. Daley was transferred from the Forensic Transitional Unit (FAU) to the Forensic Rehabilitation Unit (FRU) a secure forensic unit, on April 14, 2020, and then to the Forensic Transitional Unit (FTU), a general forensic unit on January 11, 2021. He remained at Ontario Shores until he was discharged into the community.
Evidence at Hearing:
In March 2025, Mr. Daley transitioned from Sims House, a group home providing medium levels of support to its residents, to Barlow House, a group home where minimum supports are provided. Barlow House provides daily check-ins and assistance with transportation to the grocery store. An off-site support worker is available daily. There are no staff available on weekends, evenings, or overnight except on an emergency basis. Residents share responsibilities such as shopping, cooking, and cleaning.
Barlow House provides minimal support to residents because it is expected that those moving into the residence have demonstrated the appropriate level of skills required to take care of themselves, including reliability and independence necessary to live in the community successfully. Mr. Daley met those requirements in maintenance of the home, independent medication adherence, attending mandatory appointments, and maintaining a curfew. There were no hospital admissions or medication changes in the past reporting year.
Mr. Daley has remained pleasant and cooperative with staff at Ontario Shores and the group home. He consistently adhered to rules, his treatment plan, and to any suggestions made by the treatment team. At the request of Ontario Shores, Mr. Daley successfully facilitated two leadership workshops developed to assist forensic patients at various stages of their recovery.
Mr. Daley maintained his employment as a dishwasher at a local restaurant where he has worked four days a week for the last five years. He is considered to be a valuable employee. He spends significant time studying at a community college, enrolled in a plumbing program. He expects to graduate in May 2026, at which time he will seek an apprenticeship with an experienced plumber.
Mr. Daley and his mother report significant improvement in their relationship since his discharge into the community. Mr. Daley values his relationship with his siblings. These relationships have contributed to a significant improvement in his self-esteem. Mr. Daley has repeatedly expressed his gratitude to his family for their continued support.
Mr. Daley has remained asymptomatic this past reporting year and attributes this to his psychiatric medications and his decision to remain abstinent. None of the urine samples collected this past reporting year were indicative of illicit substance or alcohol use. Mr. Daley openly discussed with staff any symptoms he previously experienced and the negative impact substances and alcohol had on his mental health. He has been able to identify triggers that could lead to relapse and has developed strategies to avoid triggering situations in the community.
Risk Assessment:
A psychological risk assessment was completed on March 26, 2026.
The following in-part analysis is set out in the Hospital Report at pgs. 53-58.
Psychosocial Adjustment:
- Mr. Daley has reported a history of experiencing…physical and sexual abuse in adolescence …It is possible these experiences fostered condoning attitudes towards interpersonal and sexual aggression. Mr. Daley also has a diagnosis of schizophrenia and has attributed some prior incidents of sexual misconduct to symptoms of psychosis (i.e. auditory hallucinations).. schizophrenia [is] a mental disorder that is chronic in nature. However, with treatment there has been no evidence of positive symptoms of psychosis in the past year.
He also has a diagnosis of cannabis use disorder in sustained remission and his records suggest past difficulties with alcohol and cocaine use. Overall, it appeared that substance use likely had a destabilizing impact with respect to his symptoms of schizophrenia as well as being disinhibiting in nature. Concerning personality functioning, Mr. Daley has received a diagnosis of antisocial personality disorder... [However,] his behaviour has consistently appeared prosocial the past year.
Future Plans:
- [Mr. Daley] has a history of difficulties with medication non-adherence, not following up with recommended psychiatric supports, and limited engagements with programming. In terms of supervision-related difficulties, Mr. Daley’s legal history is notable for multiple convictions related to Failure to Comply (e.g. with Recognizance, Disposition, Probation Orders). It should be noted since coming under ORB, Mr. Daley’s presentation with respect to these risk factors has markedly improved ...He appears to have been adherent to medication while under ORB and to have engaged meaningfully in a variety of therapeutic programs. Furthermore, he has been generally compliant with supervision…
Risk Management re Absolute Discharge:
- Mr. Daley’s violence is considered manageable in the absence of a Disposition. Mr. Daley has engaged in relevant therapeutic programming aimed at learning coping strategies and skills to promote healthy relationships and demonstrates strong verbal understanding of these skills…
Mr. Daley expresses good understanding of the impact of substance abuse on his mental health and risk for violence, [he] has maintained sobriety while residing in the community, and consistently verbalizes an intention to maintain abstinence in perpetuity. Considering Mr. Daley’s excellent insight into his diagnosis of schizophrenia and need for medication in conjunction with his consistent medication adherence with self-administered medication over the past year, future difficulties with medication are not anticipated in the context of an Absolute Discharge.
Overall, Mr. Daley presents with a Low risk for future general and sexual violent re-offending when considering an Absolute Discharge.
Assessment and Findings:
After considering the Hospital Report and the evidence of Dr. Bhullar, the panel finds that Mr. Daley does not presently represent a significant threat to the safety of the public.
In coming to this conclusion, the panel considered the decision of the Supreme Court of Canada Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625 (“Winko”). In that case, the Court stated that a significant threat to the safety of the public must be: more than speculative in nature and supportive by the evidence; significant, in the sense of being a “real risk of physical or psychological harm to members of the public that is serious in the sense of being beyond the merely trivial or annoying”; and the conduct giving rise to the harm must be criminal in nature. Further, the Court stated that there must be a positive finding of significant threat to the safety of the public in order to support restrictions on an accused’s liberty. Anything else, for example uncertainty, cannot suffice.
In Winko, the Supreme Court of Canada also stated that in coming to a conclusion on the issue of significant threat, 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 accused’s mental condition, and the accused’s own plans for the future, the support services existing for the accused in the community, and the recommendations provided by experts who have examined the accused.
The index offence in this case was serious. It occurred in the context of a violent knife attack by Mr. Daley on an innocent patron in a public restaurant. The victim was a stranger to Mr. Daley. The victim received multiple stab wounds to his body which required immediate surgery, and eight days of convalescence in hospital. At the time, Mr. Daley was in a psychotic state. He believed he was acting in self defence in response to statements the victim made threatening to kill him. Additional voices instructed Mr. Daley to respond accordingly.
Clinical Assessment of Risk:
- Mr. Daley’s insight into his psychiatric illness has dramatically changed since the date of the index offences. As noted in the Hospital Report at pg. 58:
Mr. Daley’s primary risk factors for re-offence include his significant violence history, major mental illness (namely Schizophrenia), history of substance abuse and treatment non-adherence, antisocial personality disorder, and psychopathic personality features. In addition, Mr. Daley’s history also highlights his sexual risk.
Mr. Daley has had a positive and stable year. [In evidence Dr. Bhullar testified that Mr. Daley “has had a fabulous year”]
[Mr. Daley] remains psychiatrically stable, compliant with antipsychotic medication (clozapine), and continues to attend school and work. He has not presented with aggression or disorganized behaviour. He has developed insight into healthy relationships and past behaviours.
Mr. Daley remains committed to continuing his current antipsychotic medication, as it has been effective in managing his psychotic symptoms. He continues to have good insight into his psychotic illness, the need for treatment with antipsychotic medication and the potential negative impact that substances could have on his mental state. He appreciates that his violence risk is closely tied to his psychotic illness and substance abuse.
Mr. Daley is psychiatrically stable and his violence risk has been significantly attenuated. His psychotic illness remains in remission, he continues to abstain from illicit substances, and he appears motivated to continue with his treatment and receive appropriate support.
Mr. Daley will continue to reside…at Barlow House and maintain his engagement in gainful employment. His psychiatric treatment will be managed at Ontario Shores’ Psychosis Clinic should the Board grant an Absolute Discharge.
Disposition Recommendations:
The treatment team recommends that Mr. Daley be discharged absolutely.
Having considered all the evidence including the testimony of Dr. Bhullar, the panel unanimously finds that Mr. Daley no longer poses a significant threat to the safety of the public. This accords with the joint submission of counsel in which they similarly submit that Mr. Daley does not pose a significant threat to the safety of the public. Accordingly, counsel jointly submit that Mr. Daley be discharged absolutely.
The joint submission is not binding on the panel. However, on all the evidence, the panel has no reason to disagree with the joint submission of counsel and the Hospital.
For the aforementioned reasons pursuant to s. 672.54 (a) of the Criminal Code, Mr. Daley is granted an Absolute Discharge. The panel wishes Mr. Daley well.
DATED this 1st day of May 2026, at the City of Toronto, in the Toronto Region.
Alexander Sosna
Legal Member
Office of the Registrar
Ontario Review Board