Ontario Review Board
Re: Javon Nation
ORB File No: 7495
Hearing held on: Tuesday, December 16, 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. J. Goldenberg Members: Dr. K. Hand Dr. M. Kalia Mr. C. MacIntyre, KC Mr. R. Rainboth
Parties Appearing:
Accused: Javon Nation Counsel: Mr. J. Halberstadt
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 20, 2026)
[1]. On January 14, 2019, Javon Nation was found not criminally responsible on account of mental disorder, on a charge of assault.
[2]. Mr. Nation is currently subject to a Disposition of the Ontario Review Board dated December 23, 2024, by which he was ordered to be detained “within the Forensic Program at Ontario Shores Centre for Mental Health Sciences” (“Ontario Shores”) with a number of prohibitions and privileges including the privilege of living in the community in approved accommodation.
[3]. On Tuesday, December 16, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the annual review of Mr. Nation’s Disposition.
Position of the Parties
[4]. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
[5]. Mr. Dow appeared for Ontario Shores. Mr.Dow advised of the hospital position that Mr. Nation remains a significant threat to public safety and that the necessary and appropriate Disposition is a continuation of the Detention Order with the exact terms set out in last year’s Disposition.
[6]. In response to a question from the Alternate Chair as to the board’s obligation to specify levels of security when making Detention Order Dispositions, Mr. Dow indicated he would raise that issue with his witness, Dr. Wong. The Alternate Chair pointed out that Mr. Nation has been living in the General Forensic Service at Ontario Shores since July 2024. Mr. Dow anticipated that Dr. Wong would recommend detention on a General Forensic Service should the Board choose to specify.
[7]. Ms. MacDonald appeared for the Attorney General. Ms. MacDonald supported the hospital’s recommendation and supports the Board making a Detention Order directed to the General Forensic Service at this hospital.
[8]. Mr. Halberstadt supports the hospital’s recommendation and supports the Detention Disposition be directed to detention on the General Forensic Service at Ontario Shores.
Index Offence:
[9]. "On May 26, 2018, the accused entered 290 Dundas Street East, Toronto. The accused began to accost the business patrons for money. The victim who is the business owner told the accused that he was not allowed to pan handle and asked him to leave. The victim also advised the accused that he was not allowed back in the premises.
On June 2, 2018, at approximately 10:37 a.m., the accused re-entered 290 Dundas Street East, Toronto. The accused began to accost patrons for money again. The victim approached the accused and told the accused that he was not allowed inside the premises. The victim asked the accused to leave. The accused began to strike the victim about the face and forehead area with his hands.
The accused then fled the scene. Police located the accused a short distance away. The accused was arrested and transported to 51 Division where he was held pending a bail hearing.
The victim sustained a small laceration to the crown of his head, swelling on the crown of his head and a number of scratches. The victim did not sustain immediate medical attention.
In relation to this incident, Mr. Nation advised that he was typically intoxicated on marijuana around this time and that he had heard voices for an extended period. He denied command hallucinations but made reference to thinking others were “after him”. He did not recall injuring the victim stating that he could not remember any details related to the offense.”
Evidence at Hearing:
[10]. The Board admitted into evidence the Hospital Report dated November 7, 2025. The Hospital Report provides a great deal of information concerning Mr. Nation, his personal history, his mental health history, details of prior criminal convictions and Mr. Nation’s course in hospital, subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
We do note, however, the stated diagnoses of:
Schizophrenia
Cannabis Use Disorder (moderate severity, in sustained remission in a controlled environment)
Antisocial Personality Disorder Traits
[11]. In addition to the documentary evidence the Board heard from Dr. Wong. Dr. Wong has been Mr. Nation’s inpatient psychiatrist for a number of months. Dr. Wong confirmed that Mr. Nation was transferred to a General Forensic Unit in July 2024 and Dr. Wong acknowledged that should the Board choose to specify levels of security, he would recommend detention on a General Forensic Service at Ontario Shores.
[12]. Dr. Wong brought an important update to the panel. Mr. Nation recently met with representatives of McKay House. Dr. Wong understands that the meeting was a positive one and he is hopeful that Mr. Nation will be accepted and put on the waiting list for living at McKay House.
[13]. The doctor was asked about Mr. Nation’s last year and the doctor stated this past year has been “great”. The doctor repeated that his patient is on a positive trajectory. He is engaged in numerous programs.
[14]. The doctor is aware that Mr. Nation would like to find employment. Mr. Nation would like to find some shift work and/or seasonal labour. The doctor noted that the hospital cannot accommodate any work involving a “graveyard shift”.
[15]. Dr. Wong and the clinical team are all satisfied that Mr. Nation remains a significant threat to public safety.
[16]. The doctor was asked by Mr. Dow why the hospital is not recommending any changes. The doctor noted that a Detention Order with the terms set out last year and with a direction that Mr. Nation be detained in the General Forensic Service is the necessary and appropriate Disposition, and in other words, is also the least onerous and least restrictive Disposition for his patient.
[17]. Finally, the doctor noted that Mr. Nation was deemed ALC (Alternative Level of Care) indicating that Mr. Nation is ready to move into the community should an appropriate placement be found.
[18]. Mr. Halberstadt suggested to the doctor that his client has enjoyed “a fabulous year”. Once again, the doctor agreed with that assessment. The doctor also agreed that generally Mr. Nation has good insight. The one exception seems to be Mr. Nation’s insight with respect to the index offence.
[19]. No other evidence was heard at this hearing.
Final Submissions:
[20]. Mr. Dow asked the panel to accept that the necessary and appropriate Disposition is a Detention Order to the General Forensic Service with all of the terms and conditions set out in last year’s Disposition. Mr. Dow noted that the parties were in fact making a joint recommendation.
[21]. Ms. MacDonald acknowledged that this was a joint recommendation as did Mr. Halberstadt, on behalf of his client.
Findings of the Board:
[22]. The Board accepts the evidence of Dr. Wong and the evidence contained in the Hospital Report.
[23]. Quite apart from the parties’ joint recommendation, the panel accepts that at the present time Mr. Nation represents a significant threat to public safety and that the necessary and appropriate Disposition is a Detention Order directed to detention on the General Forensic Service at Ontario Shores with all of the other privileges and prohibitions.
[24]. The panel hopes that Mr. Nation will in fact be accepted to McKay House and that within a reasonable amount of time that Mr. Nation can take up residence in McKay House. We were advised, however, that Mr. Nation could expect a wait time of at least six months, if not more. Just prior to the conclusion of the hearing Mr. Nation spoke out indicating that he is pleased to be living at Ontario Shores and he will be ready to move to McKay House if he is accepted as a resident there.
[25]. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Nation’s mental condition and his other needs, and Mr. Nation’s reintegration into society.
DATED this 20th day of January 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board