Ontario Review Board
Re: Duane Anderson
ORB File No: 7372
Hearing held on: Thursday, December 18, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. MacIntyre, KC Members: Dr. K. Hand Dr. M. Kalia Mr. E. Siebenmorgen Mr. R. Rainboth
Parties Appearing:
Accused: Duane Anderson Counsel: Mr. D. Medd
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 22, 2026)
Introduction
On June 19, 2018, Duane Anderson was found not criminally responsible on account of mental disorder on charges of arson: reckless disregard for human life, assault, forcible confinement (x2), assault with a weapon, mischief - over $5000, failing to comply with condition of undertaking, all contrary to the Criminal Code.
Mr. Anderson is currently subject to an Ontario Review Board Disposition of December 3, 2024, which discharges him subject to certain conditions.
On December 18, 2025, the Ontario Review Board convened at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) to conduct Mr. Anderson's annual review and to make a disposition further to s. 672.81(1) of the Criminal Code.
At the outset of the hearing, the hospital indicated that it intended to submit that Mr. Anderson no longer was a significant threat to the safety of the public and as such should be absolutely discharged. On behalf of the Attorney General, Ms. MacDonald indicated that she would reserve her position until the evidence had been delivered. Mr. Medd, representing the accused, endorsed the hospital’s position.
Index Offences
- Last year’s Reasons for Disposition outlined the index offences as follows:
“On Sunday, September 24, 2017, at approximately 10:09 AM, A/Sgt. Airey responded to a disturbance 911 call at 21 Hartsfield Drive in Courtice. Original information from communications indicated that a distraught female had called asking for the police to attend. Further information indicated that Mr. Duane Anderson frequently attended this residence. Mr. Anderson suffered from schizophrenia and he was known to be violent. While enroute to the disturbance, further information was relayed that the caller, Mr. Anderson’s mother, Elizabeth Anderson, had been assaulted by Mr. Anderson and that Darren Anderson was also on the scene with his mother.
Police arrived on scene and was met by Darren Anderson as well as Elizabeth Anderson…. They indicated that Mr. Anderson was inside; he was breaking things inside and had assaulted Elizabeth. Elizabeth stated she thought Mr. Anderson might have thrown gas on her… Darren indicated that Mr. Anderson was extremely violent and he had threatened to kill both he and his mother. As A/Sgt. Airey approached the residence, he could hear loud banging inside the residence and things breaking. A/Sgt. Airey advised communications that he was waiting for back up as Mr. Anderson appeared very agitated and it was unknown if he was armed with any weapons. PC Pipe and PC Henderson along with K-9 were enroute to assist. While waiting at the residence at the front door A/Sgt Airey was provided keys to the front door…
A/Sgt. Airey attempted to open the front door to view inside the residence and Mr. Anderson approached. He looked at A/Sgt. Airey and stated he wanted him to come inside to talk. He was extremely jumpy, agitated and aggressive. He stood approximately 10 feet away from the front door. A/Sgt. Airey requested Mr. Anderson come outside to talk and he said, “Fuck that, I don’t want to get tazed.” He ran for the front door and slammed the door, locking it behind him. At this point, Sgt. Airey heard the sound of a fire alarm inside the residence and requested Fire attend in case the residence was on fire.
PC’s Pipe and Henderson arrived on scene and Sgt. Airey directed PC Henderson to cover the backyard. A/Sgt. Airey used the keys provided to open the first door and a second key to open the inner storm door. Once they opened the door and voiced for Mr. Anderson, Sgt. Airey immediately observed that the house was on fire. Flames were coming out of the room to the left and smoke was extreme. As PC Pipe and A/Sgt. Airey entered the residence, Mr. Anderson could be seen sitting on the couch just southwest of where the fire was. PC Pipe took control of Mr. Anderson and together they ran out the back door of the residence. PC Pipe arrested Mr. Anderson for Arson and he was walked out to the front of the residence.
Fire arrived on scene and PC Henderson and A/Sgt. Airey began to knock on doors, specifically the residence attached to number 21. They requested the upstairs tenant and basement tenant exit the residence. All other people in the area were contained as Fire worked on extinguishing the fire.
PC Pipe indicated that Mr. Anderson had threatened to kill himself and he therefor was transported to Lakeridge Health Oshawa to be seen by a doctor…”
Background
The Hospital Report of October 6, 2025, is filed as Exhibit 1 to this hearing. It contains considerable information regarding Mr. Anderson's personal background, criminal and psychiatric history and his treatment history since his admission to Ontario Shores. This report should be referred to for detail regarding this background. An Addendum of December 8, 2025 was filed as Exhibit 2.
Mr. Anderson is now 54 years of age. He is currently diagnosed with:
Schizoaffective Disorder, bipolar type
Alcohol Use Disorder, moderate, in sustained remission
Cannabis Use Disorder, moderate, in sustained remission
Opioid Use Disorder, in sustained remission
Major Neurocognitive Disorder due to a traumatic brain injury, with behavioural disturbance
Mr. Anderson has a criminal record commencing in 1994 with a conviction for assault causing bodily harm and ending with two assault convictions in March of 2012. Apart from the assaults his charges included driving offences while impaired, uttering threats, carrying a concealed weapon, criminal harassment and a number of failing to comply with court orders.
Mr. Anderson has a significant history of alcohol use commencing at the age of 12 and smoking marijuana since 20 years of age. Attendance at a rehabilitation centre for alcohol use, Alcoholics Anonymous and the Pinewood Addiction Centre, were unsuccessful in quelling his use of substances, which in later years included oxycodone.
Mr. Anderson relates that while playing hockey he sustained four concussions over one year. He experienced a coma from one of them. According to Mr. Anderson, he was supported by ODSP financially since 2005 for an acquired brain injury.
Mr. Anderson's period at Ontario Shores while he was being assessed for criminal responsibility and in the year or two following his NCR finding was tumultuous. He was physically and psychologically aggressive, threatening, sexually preoccupied, experiencing delusional beliefs and rejecting any idea that he suffers from a mental illness or needed treatment.
By 2021, Mr. Anderson had achieved a level of mental stability. He was capable of consenting to treatment of his mental disorder and took his prescribed medication without any issues.
Mr. Anderson spent about three months in an inpatient residential treatment centre at St. Michael’s Homes in January 2021, to which he adjusted well and given his favourable progress he was discharged from hospital in April 2021 but was readmitted soon after as he began to struggle with stressors in the community in his transitional home. He resorted to alcohol use and abuse of some non-prescribed medications.
In November 2022, he was once again discharged to the community to an apartment through CMHA's Transitional Rehabilitation Housing Program (TRHP) where he continues to live now.
At last year's Board hearing, the Review Board continued Mr. Anderson's Conditional Discharge but relaxed a number of conditions including where he would be required to reside.
There were some difficulties with his tenancy and with his partner. Mr. Anderson requested an Absolute Discharge. The hospital was concerned that if he were given an Absolute Discharge, he would lose the support of his concurrent disorders specialists and his therapist and forensic outpatient team. His only outside support then was CMHA with whom he did not enjoy the same level of trust as with his other hospital supports.
Evidence
At the time it was authored, the October 6, 2025, Hospital Report included a recommendation that Mr. Anderson be maintained on his Conditional Discharge. Since the report was prepared however, the hospital’s position changed to recommending an Absolute Discharge. The rationale for this was provided in the hospital’s December 8, 2025, Addendum to the Hospital Report (Exh. 2). In essence, although the hospital was of the view that Mr. Anderson needed support if living independently in the community, that support was not in place or available at the time of the December 2025 report.
Now Mr. Anderson’s symptoms have been in remission for some months. His insight has improved as evidenced by his cooperation and willingness to accept medication with a commitment to continue to take it. He meets his medical appointments appropriately and discloses any symptoms and asks for augmentation of his medication if necessary.
Mr. Anderson has improved his insight into polysubstance use. He has worked closely with the concurrent disorders counselor and has abstained from all substances in the last two years. Mr. Anderson has stated that he has no interest in the use of stimulants or alcohol.
Since Mr. Anderson has been in the community there have been no incidents of physical violence except for an event in June of 2025, when he became confrontational with his team while trying to cope with stress. An increased dose of Abilify helped to stabilize his mood then.
Significantly, the hospital is of the view that there is an adequate plan to replace the support he receives through the Forensic Outpatient Services. Some of this was arranged by Mr. Anderson himself. He has now been accepted by the Psychosis Clinic who will meet with him upon his Absolute Discharge and provide comparable support to that which is being provided by the hospital's Forensic Outpatient Service.
Furthermore, Mr. Anderson has engaged a therapist in the community with whom he meets on a monthly basis. Mr. Anderson pays for this service himself. Mr. Anderson will also continue to meet with the CMHA representative on a weekly basis.
An earlier concern of his treatment team was his rejection of ACT team support which the hospital felt he needed were he to be absolutely discharged. As it turns out, Mr. Anderson is now willing to accept ACT team support but when his application was made he was rejected as he did not meet their set of criteria for that level of support. The ACT team referred him to the Psychosis Clinic. The ACT team has indicated that if the psychosis team ever discharged him and he then qualified for ACT team support, they would place him on their list immediately.
Mr. Anderson continues to live in an independent TRHP housing apartment and he is able to stay there as long as he likes and he intends to do so.
Another support for Mr. Anderson is his regular contact with family and friends. He has met with a financial advisor to help manage his finances. He volunteers at the Krasman Centre as a peer support worker.
Mr. Anderson's mother has noted his success over the past year and supports an absolute discharge for her son. She also felt that the no contact order should no longer be in place. In the event that he continues to be detained in hospital, the CMHA injection clinic will continue to administer his injections.
Dr. Bhullar testified that if Mr. Anderson were given an Absolute Discharge today nothing would change in his routine. He would continue working and relating to his family and work with the supports that are now in place. Additionally, Dr. Bhullar testified that upon an Absolute Discharge the Forensic Outpatient Service team will help with Mr. Anderson's transition to the Psychosis Clinic and the CMHA team.
Helpful letters from Reconnect Health Services of December 2, 2025, and the Krasman Centre of September 22, 2025, were filed as exhibits. Among other things, the Krasman letter states that Mr. Anderson has contributed to and benefited from the Krasman Centre supports including its drop-in centres and peer support outreach program.
The reference from Sound Times Support Services indicates that Mr. Anderson has been a participating member of this since December 2, 2025. It offers a number of programs. It states, “In addition to group participation, Mr. Anderson may also receive professional support from our licensed psychiatrist as part of his individualized treatment plan. He also has access to medical services offered through our organization to support his overall health and stability.”
At the conclusion of the evidence, all parties presented a joint position that the evidence supports that Mr. Anderson no longer meets the criteria for a significant threat to the safety of the public. The hospital observes that although there continues to be behavioural concerns, which would be managed by the supports put in place, if absolutely discharged these concerns do not rise to the level of the risk contemplated by the Sim case (Re Sim, 2020 ONCA 563) and that Mr. Anderson is not a substantial risk of serious harm to the public at this time. Ms. Szabo adds that it is somewhat telling that Mr. Anderson did not meet the ACT team criteria for community support.
In agreeing with the hospital’s position both the Crown Attorney and Mr. Medd remark on Mr. Anderson's own recognition that he still needs support, particularly with respect to the inevitable stress situations that arise in life and that he has taken the initiative to put some of these supports in place when he is no longer connected to the hospital and the Review Board.
Decision
Mr. Anderson's annual hearing was initially scheduled for October 14, 2025. The hospital requested an adjournment until December 18, 2025. The hospital’s concerns in October 2025, are clearly outlined in its report of October 6, 2025, the main one being that they could not agree to an Absolute Discharge for Mr. Anderson without the appropriate level of structure and support to manage his much improved but still present behavioural responses particularly to certain stressors in his life.
Since October, a framework of support for Mr. Anderson in the community has been established. Importantly, a good part of this has been done not just with Mr. Anderson's cooperation but on his own initiative.
The Review Board agrees that notwithstanding some vulnerabilities in Mr. Anderson's mental state and how he responds to stress, he has maintained abstinence from substances, has been adherent to prescribed medication, has participated in the program support offered by the hospital, and has lived successfully in the community with support for the past three years.
The Board agrees that with the supports now in place for Mr. Anderson if absolutely discharged, along with his demonstrated increase in insight and awareness of the need for supports in the community, risks to the members of the public will be mitigated. In any event, it is speculative to conclude that if any of Mr. Anderson’s behavioural issues continue they would meet the criteria for a real risk of serious physical or psychological harm to others.
Accordingly, the Board is unable to find on the evidence that Mr. Anderson meets the test for a significant threat to the safety of the public and he must therefore be absolutely discharged.
DATED this 22nd day of January 2026, at the City of Toronto, in the Region of Toronto.
Mr. C. MacIntyre, KC
Alternate Chairperson
Office of the Registrar
Ontario Review Board