Ontario Review Board
Re: Justin Bernard
ORB File No: 8881
Hearing held on: Thursday, December 18, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(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: Justin Bernard 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
Pursuant to a Warrant of Committal of October 21, 2025, the court found that Mr. Justin Bernard was not criminally responsible on account of mental disorder on two counts of assault, contrary to the Criminal Code. As an appendix to the Warrant of Committal is a document that states that pursuant to the Warrant of Committal the Person in Charge of Ontario Shores Centre for Mental Health Sciences create a program for Mr. Bernard providing for his custody and rehabilitation with a number of privileges and conditions required of Mr. Bernard, all of which is worded and constructed as if it were a Disposition of the court though not titled as such.
Nonetheless, on December 18, 2025, the Ontario Review Board convened at the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) to conduct Mr. Bernard’s initial hearing and to make a disposition further to s. 672.47(1) of the Criminal Code.
At the outset of the hearing the parties presented their without prejudice positions. The hospital submitted that Mr. Bernard was a significant threat to the safety of the public and that he be detained in the Forensic Program at Ontario Shores with certain privileges and conditions outlined in the Hospital Report of December 4, 2025, filed as Exhibit 3 to this hearing. The hospital requested an additional condition that Mr. Bernard not be permitted to attend 3275 Sheppard Avenue East in Scarborough, his mother’s home.
On behalf of the Attorney General, Ms. MacDonald supported the hospital’s recommendation as did Mr. Medd, on behalf of the accused.
At the conclusion of the evidence, the Review Board found that Mr. Bernard constituted a significant threat to the safety of the public and that he should be detained at the hospital’s Forensic Program with the privileges and conditions outlined in the Hospital Report but with the addition of the no attendance condition at 3275 Sheppard Avenue East and that the community living privilege be in supervised accommodation.
Index Offences
- The Synopsis for Plea filed by the Toronto Police Service describes the index offences as follows:
“On Tuesday, September 5th, 2023, both Mr. Bernard and his mother were at home. His mother was seated in the living room and she could hear Mr. Bernard mumbling to himself. She heard Mr. Bernard say "You look like you need a good punch in the face" immediately after, he approached his mother and punched her in the face with a closed fist. This punch caused a 2inch cut across her cheek causing it to bleed. Mr. Bernard left the residence. (CHARGE 1) Sometime after midnight on September 6, 2023, Mr. Bernard returned home. Despite, Lorraine Bernard being in bed, Mr. Bernard spent most of the night accosting her in her bedroom demanding she get up to make him something. This happened several times throughout the night.
On Wednesday, September 6, 2023, just after 11:00 AM, Lorraine Bernard awoke when Mr. Bernard jumped on top of her. He was holding her and shaking her to wake her up (CHARGE 2) Mr. Bernard demanded his mother to wake up and get him a drink. Despite offering to give him money to go to the store, Mr. Bernard remained on top of his mother before grabbing her purse and slapping her with it (CHARGE 3).
At this was happening, the PSW arrived at the apartment. She walked into the bedroom and saw Mr. Bernard on top of his mother. Mr. Bernard then got off his mother and approached the PSW and an argument ensued. The PSW called police Before police could arrive, Mr. Bernard had thrown a metal basket and a package of disposable underwear at his mother. Toronto Police Service’ officers arrived on scene and located Mr. Bernard in the apartment. He was arrested without incident, provided rights to counsel, and transported to 42 Division to be held for a show cause.”
Background
The Review Board had the benefit of a July 14, 2025, Psychiatric Assessment Report prepared by Dr. Wang for Mr. Bernard’s NCR hearing, as well as the December 4, 2025, Hospital Report prepared by Dr. Bhullar. These reports were filed as Exhibit 2 and 3 respectively. These reports contain considerable information regarding Mr. Bernard’s personal and developmental background, medical and psychiatric histories, substance use history and legal history. The reports should be referred to for detail.
Mr. Bernard is 36 years of age. Although he had no criminal record, he has had charges of assault of a peace officer and his sister, which were ultimately dropped. He has had three apprehensions by police, two of which followed from an alleged assault on his mother and a third allegedly threatening another individual. These apprehensions were made under the Mental Health Act.
There were other instances of violence against his mother and an inability to control his outbursts and behaviours in public.
The last apprehension prior to the index offence was on August 19, 2023, again following an assault on his mother. He was apprehended by police and held on a Form 1 in the hospital. The medical records referred to in the Hospital Reports begin in March of 2012 and are 25 in number up to an August 19, 2023, admission to Birchmount Hospital. These medical and psychiatric contacts were marked by Mr. Bernard’s physical aggression, particularly to his mother, bizarre behaviours and threats, some noncompliance with prescribed medication, cannabis use, environmental damage, paranoia and other perceived symptoms of psychosis.
On October 4, 2023, the assessment unit of CAMH opined that Mr. Bernard was unfit to stand trial. He was found unfit by the court and ordered detained at Ontario Shores until he became fit. Eventually, the Review Board concluded he was fit to stand trial and when he was returned to court he was found fit to stand trial on April 3, 2025. Ultimately, he was found not criminally responsible on account of mental disorder on October 21, 2025.
Evidence at Hearing
The hospital’s evidence was provided by Dr. Bhullar who has been Mr. Bernard’s treating psychiatrist since he was transferred to the hospital’s Forensic Assessment Rehabilitation Unit in June of 2025 pursuant to a “keep fit” order by the court. In general, he had demonstrated good behaviour but required redirection from time-to-time. He attended various programs until he was found not criminally responsible on October 21, 2025. Up to the time of this initial hearing he utilized accompanied hospital privileges numerously without incident and has enjoyed some accompanied community privileges on 11 occasions.
Mr. Bernard has completed various hospital programs and he was pleased to file the diplomas he received for completion and attendance in his various programs. He has been volunteering once a week in the hospital, caring for plants throughout the hospital. Mr. Bernard is diagnosed with a treatment resistant form of schizophrenia compounded by developmental delays (intellectual disability-moderate severity). His diagnoses also include cannabis use disorder-moderate.
Mr. Bernard has been receiving clozapine treatment and long-acting injectable medication; however, he continues to have residual symptoms which have contributed to aggressive behaviour, resulting in his privileges being suspended from time-to-time.
Despite receiving antipsychotic medications, Mr. Bernard also continues to exhibit intrusive and inappropriate behaviours, particularly unwelcome touching and particularly towards females. Participation in a social skills group to address these behaviours has been hindered by the severity of his psychosis and cognitive limitations.
Mr. Bernard's mother has a substitute decision maker role and she contacts her son over the telephone without concern. However, she does not wish her son to visit her home so although the hospital is not recommending a no contact clause for Mr. Bernard’s mother, it is recommending a condition that he not attend at his mother's residence.
Dr. Bhullar testified that Mr. Bernard’s medications have been optimized to this point but his developmental delays impede their effect. The hospital’s plan is to increase Mr. Bernard's capacity to tolerate stress and develop greater insight into his substance use disorder.
Mr. Bernard has been accepted by Developmental Services Ontario (DSO) and he currently qualifies for access to more supports through the DSO Passport funding model. He is currently on a list for DSO housing but there is no indication how long it will take to secure a placement.
The hospital wishes Mr. Bernard to be detained in its Forensic Program allowing it to transfer him to a general unit when he is ready for this and in particular, when he gets closer to a move to DSO housing. At this time an occupational therapy assessment has not yet been done. He has been referred to a behavioural therapy program where he will work with a behavioural therapist to establish an understanding of his level of functioning, develop skills to structure his day and social skills in the context of his intellectual limitations.
The therapy program will ultimately provide a baseline for identifying Mr. Bernard’s needs necessary to guide the hospital in its selection of a home in the community.
Mr. Bernard's move to a General Forensic Unit will depend on his progress over the coming year. Dr. Bhullar is unable to give a time frame for this but expects it can be done in the coming year though not likely in the next six months.
Dr. Bhullar expects that an approved community living placement will be a supervised one and agrees that the proposed Disposition could provide for this.
Dr. Bhullar has asked for the cognitive testing data on Mr. Bernard as conducted by Developmental Services Ontario. She views that the report will not make too much difference in appreciating Mr. Bernard’s level of functioning as his behavioural therapist will work with Mr. Bernard in that area in any case.
Submissions
Hospital counsel maintained the hospital’s initial position that Mr. Bernard was a significant threat to the safety of the public and ought to be placed on a Detention Order with the privileges and conditions described by the hospital. Ms. Szabo suggested that there was no need to specify that the accommodation be supervised because at this point in time there is an inability to specify what housing is available.
Ms. MacDonald suggested that it is highly unlikely that Mr. Bernard would qualify for anything other than supervised accommodation and endorsed such a specification in the Disposition. She agreed that at some point in the coming year Mr. Bernard might qualify for transfer to a General Forensic Unit.
Mr. Medd was concerned that the insertion of the word “supervised” into the Disposition might limit the selection of housing available to him when that time arrives.
Analysis and Decision
It is a joint submission that Mr. Bernard represents a significant threat to the safety of the public and that he should be detained in hospital in its Forensic Program. The Board agrees and finds that the evidence clearly supports that Mr. Bernard represents a significant threat to the safety of the public and it adopts the information provided by Dr. Bhullar as contained in the Hospital Report regarding his risk, effects of his mental illness and developmental delay, and his history of assaultive behaviour, particularly towards his mother.
The Board also agrees with Mr. Bernard’s detention in the hospital’s Forensic Program. This would initially involve Mr. Bernard being placed in a Secure Forensic Unit within the Forensic Program but with progress, perhaps to be transferred to a less secure General Forensic Unit within the coming year at the hospital’s discretion and when his mental state qualifies for this. Although the evidence led is less than convincing that in the coming year Mr. Bernard is likely to reach a mental state that will satisfy his treatment team that a transfer to a general unit is justified, the hospital is expecting that this will take place, given his progress to date.
If he is transferred to a general unit of the Forensic Program where Mr. Bernard can enjoy increased privileges, this is a step towards a possible discharge to the community in the coming year or perhaps the following year.
It is important to note that Mr. Bernard is on the list for DSO housing. Although it is doubtful that within the coming reporting year Mr. Bernard will qualify for discharge into the community, the availability of housing for persons suffering from both a mental illness and an intellectual disability is seriously wanting. To get Mr. Bernard on a list is the first step towards a long wait period before he is actually going to be placed in a residence. To have a community living privilege in his Disposition is often a criterion for getting on a housing list in the first place. For that reason alone, the inclusion of a community living clause is a necessary and appropriate term in Mr. Bernard’s Disposition.
The Board expects that if and when Mr. Bernard qualifies for a discharge to the community, he will likely require accommodation that is supervised. While it is not possible at this stage to predict the level of supervision that might be required, clearly some significant supervision will be necessary.
The Board further agrees with the requested geographical limitation that Mr. Bernard be prohibited from attending at his mother’s home at 3275 Sheppard Ave. East, Scarborough Ontario.
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