Re: Floyd Paypompee
ORB File No: 4702
Hearing held on: Tuesday, April 7, 2026
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M. Segal
Members: Dr. H. Bloom Dr. P. Wright Mr. J. Goldenberg Ms. R. Chopra
Parties Appearing:
Accused: Floyd Paypompee Counsel: Mr. U. Agostino
Person in charge of Hospital: Representative: Mr. J. Cooper
Attorney General of Ontario: Counsel: Ms. R. Derouard
REASONS FOR DISPOSITION
(Dated May 11, 2026)
Introduction:
Floyd Randolph Paypompee, age 53, was on January 29, 2007, found not criminally responsible on account of mental disorder on two charges of uttering a threat to cause bodily harm and one charge of failing to comply with a condition of an undertaking or recognizance contrary to the Criminal Code.
On April 7, 2026, Mr. Paypompee, who was on a Detention Order with privileges up to and including living in the community of Thunder Bay in accommodation approved by the person in charge, appeared from the Thunder Bay Regional Health Sciences Centre (“the Hospital”) before the Ontario Review Board (“the Board”) for his annual hearing.
The Board had before it as Exhibit 1 a hospital report dated March 19, 2026, and a criminal record as Exhibit 2.
Position of the Parties:
In preliminary positions, the Hospital recommended no change to the disposition. Crown counsel anticipated supporting the hospital. Mr. U. Agostino, for the patient, who conceded that significant threat was present, was seeking a Conditional Discharge.
After hearing the evidence and considering the matter, the Board concluded that significant threat to the public was present, and that the maintenance of the current disposition best balanced the protection of the public and the needs of Mr. Paypompee.
Psychiatric History:
- Mr. Paypompee’s diagnoses are:
- Schizophrenia, Paranoid Type
- Substance Use – Cannabis
Index Offence:
- The index offence is described as follows:
“On the 13th of September 2006 at 1235 hours police received a report from the Kenora Ontario Provincial Police Communication Centre regarding threats. Darlene Paypompee advised that Floyd Paypompee threatened to kill her while she was at home on her lunch break. Darlene advised that police could locate her at her place of employment. At 1517 hours police attended the Youth and Elder Centre in Whitefish Bay and spoke with Darlene Paypompee. Darlene advised that at approximately 1210 hours today (13 SEPT 06) she attended her residence for lunch. Darlene advised that when she returned to her residence from work, she observed Floyd Paypompee down at her dock and boat launch area speaking with the boat launch users. Darlene advised that she believed that Floyd was asking the boat launch users for money (Darlene advised that Floyd has done this in the past). Darlene advised that she spoke with Floyd on her property as he was leaving the boat launch, and walking towards his residence. Darlene advised to Floyd that he should not be asking the boat launch users for money. Darlene then advised that Floyd got mad and told her to go back to Thunder Bay and that she does not belong in Whitefish Bay. Darlene advised that Floyd then stated, ‘I’m going to kill you pretty soon.’ Darlene advised that she then stated to Floyd ‘go ahead.’ Darlene then advised that Floyd stated, ‘I know you have no backup.’ Darlene advised that Floyd then walked away towards his residence. Darlene advised that she then entered her residence, locked all the doors and called police.
Darlene advised, via statement, that she is afraid of Floyd and they have previously reported similar incidents to police.
At 1524 hours police conducted a CNI criminal records check which revealed that Floyd was currently on an undertaking with conditions to abstain from contact or communication with Mark Kakeeway and Darlene Paypompee, nor be within 25 metres of their person, residence or workplace.
On the 31st of May 2006 at 1942 hours police received a report from the Kenora Ontario Provincial Police Communication Centre regarding a report of threats in Whitefish Bay First Nation. Mark Kakeeway advised that Floyd Paypompee told him that he was going to kill him.
At 1943 hours police contacted Mark, who advised that he was down at the boat launch in Whitefish Bay talking with some people when Pete Cowley and Floyd Paypompee arrived. Floyd then yelled at Mark, in Ojibway, from the road, ‘Mark, stop acting like a boss. I’ll kill you. Go ahead and call the cops, I’m not afraid of them anyway.’
At 2150 hours police attended the Mark Kakeeway and Darlene Paypompee residence in Whitefish Bay First Nation. At 2206 hours police obtained a statement from Mark. Mark advised, via statement, that he believed that Floyd was crazy enough to follow through with his threats and that he feared for his safety and the safety of his children.
At 2248 hours police obtained a statement from Darlene Paypompee, Mark’s common-law, who was a witness to the incident. Darlene advised that she also heard Floyd threaten Mark that he was going to kill him. Furthermore, Darlene also advised that she feared for the safety of Mark and her children. Darlene also advised that she felt that Floyd was crazy enough to damage their personal property.
At 2340 hours police attended the Floyd Paypompee residence and spoke with Floyd’s mother, Lillian Paypompee, outside of the residence. Lillian advised police that Floyd did not want to speak with police regarding this matter. Police observed Floyd come to the window on several occasion but refused to exit the residence.”
Background Information Regarding the Accused:
Mr. Paypompee has a not insubstantial criminal record, starting as a youth. As an adult he committed several property crimes, mostly break and enters. He also has convictions for sexual assault and assault. Mr. Paypompee has been to the penitentiary.
Mr. Paypompee’s first interaction with the mental health system started at age 11. He had several psychiatric admissions. He first became unwell in 1999/2000. Psychosis has persisted for several years.
He was a slow learner. He quit grade 6 at age 14. He has a limited employment history. He left his family’s home at age 29 and lived by himself in an abandoned house. At that time, his behaviours were intensifying and included persecutory delusions.
There is a family history of psychiatric illness. Mr. Paypompee does not have a partner. He has a son from a previous relationship but has no contact with him. Mr. Paypompee has an extensive history with substances, notably alcohol and cannabis.
Evidence at Hearing
Dr. R. Sheppard, the patient’s psychiatrist, testified. Dr. Sheppard gave an update. Mr. Paypompee was readmitted on April the 3rd. He was smoking cannabis in his room against the rules of the residence he was living in and was defiant to such an extent that the police had to be called. Police brought him to the emergency ward and he was admitted. Mr. Paypompee is set to be discharged back to his residence within a few days of the hearing.
Mr. Paypompee is at his psychiatric baseline.
Mr. Paypompee has lived in the community for about four years. There are two issues that the doctor noted. The first is the continued regular use of cannabis contrary to his disposition. The second issue is that Mr. Paypompee is somewhat narcissistic. He does not respect authority and rules. As indicated on page 24 of the hospital report:
“Clinical issues are unchanged from those documented in earlier years. Mr. Paypompee suffers from longstanding, somewhat treatment resistant Paranoid Schizophrenia. Despite treatment with maintenance antipsychotic medications, he remains symptomatic. His thinking is disorganized and his conversation frequently tangential and sometimes difficult to follow. He continues to be subject to a number of chronic delusional beliefs, grandiose and persecutory in nature. He does not experience auditory hallucinations or similar perceptual disturbances. His self-reported mood is generally ‘good’ and he is usually pleasant, polite, and respectful in his engagement with members of the treatment team. He can, however, present as irritable and entitled, somewhat demanding at times, and displeased when his demands aren't immediately met. Irritability, however, does not escalate into threatening or aggressive behaviour. Mr. Paypompee’s affect is blunted and sometimes mildly inappropriate. He is generally adequately cared for, but he needs prompting with respect to his activities of daily living. He needs to be reminded to dress in clean clothing and keep his room neat and tidy. Although, with this level of support, he manages fairly independently. His sleep patterns are often disturbed, as he tends to stay up late at night and then sleeps late into the day.
Mr. Paypompee has been mostly adherent to his schedule of medications over the course of the past year. There have been some occasions, however, when he has not taken his oral medications; previously, this was more of a problem when he would sleep late into the day and miss his morning medication. Medication times have been adjusted so that this is currently less of a problem. He has received his depot injections every two weeks as scheduled, including when he has been visiting his home reserve on a travel pass.
Mr. Paypompee continues to consume cannabis in contravention of his O.R.B. disposition. He appears to smoke cannabis virtually every day, although he suggests that the amount is minimal, and no significant effects on his mental status or his behaviour have been reported on account of his habit. He claims that cannabis helps him to relax and to sleep at night. Although he has been repeatedly warned regarding the risks of substance use, he is oblivious. He believes that he knows what is best for him and doesn’t pay much attention to contrary opinions. Mr. Paypompee tested positive on urine drug screens for cocaine on two occasions, May 1 and July 3, 2025. When questioned about this, he was evasive but did not deny having used. He was also positive for the prescribed medication Pregabalin in January 2026; it developed that he had taken medication supplied to him by another patient, apparently on one occasion only. He has admitted occasional alcohol use, apparently limited to one or two beers on infrequent occasions. Intoxication on alcohol has not been observed by his outpatient team, nor by staff at the Salvation Army.”
Mr. Paypompee’s antipsychotic dosage is relatively high. He is chronically delusional. However, he is generally stable. There are antisocial traits that inform his behaviour. Generally, he is not aggressive or threatening.
In the past year, there have been a number of positive tests for substances. Alcohol has been a common result.
Mr. Paypompee’s family is in Whitefish Bay. He has two brothers and a sister. On a visit in September, he got involved in a fight with one of his brothers. His brother had reported that Mr. Paypompee had been sexually inappropriate with two of his nieces. Mr. Paypompee denies such conduct. As a result of the fight, police were called, although it appears no charges resulted. Attempts to get a copy of the police report have not been fruitful to date.
In Dr. Sheppard’s view, a Conditional Discharge would be inadequate. Housing is a primary concern for the Hospital. In view of the actions at the Salvation Armyhome, his current residence, there is a real concern that Mr. Paypompee is in danger of losing his housing if he continues to consume cannabis on site. If evicted, Mr. Paypompee would become homeless.
The above incidents are prominent examples for Dr. Sheppard as to why a Conditional Discharge would be inadequate to manage Mr. Paypompee. Mr. Paypompee has deficiencies in problem solving. He believes violence is a justifiable response in the face of conflict. Generally, Mr. Paypompee engages well with his forensic team. He is open and transparent with the team, including about his substance consumption.
Mr. Paypompee’s insight into his illness and the value of medication is not robust. Mr. Paypompee is incapable of making treatment decisions. His sister in Whitefish Bay is his substitute decision maker (S.D.M.). He doesn’t object to taking medications and views them as helping him to calm down. Mr. Paypompee does not see the risk in stopping medications.
Mr. Paypompee is insulin dependent and receives his daily injection from his supervised residence.
Mr. Paypompee informed the Board that he does not wish to return to Whitefish Bay.
Mr. Paypompee has been assessed for funding from Developmental Ontario Services (D.S.O). That would provide him with Passport funding. The application was encouraged in last year’s reasons, but for unclear reasons it did take some appreciable time before it was submitted. Mr. Paypompee wished just to live in independent living, but he is not ready for that.
Mr. Paypompee has tardive dyskinesia. It is plainly evident. Dr. Sheppard is reluctant to curtail Mr. Paypompee’s antipsychotic medication to address the tardive dyskinesia.
Mr. Paypompee continues to have delusions but keeps his thoughts to himself. They are ever-present. Contact by the Hospital with Mr. Paypompee’s siblings has been tried several times but calls are never returned. Dr. Sheppard believes that family members may be misconstruing the nature of the inquiries.
While the Hospital has a number of concerns, Mr. Paypompee does deserve credit for being in the community for four years.
Final Submissions:
- Final submissions mirrored earlier submissions. Mr. Agostino emphasized the fact that his client had been in the community for a number of years. He has been medication compliant, relatively stable, has a good rapport with his forensic team, and has not shown any real aggression or violence.
Analysis:
Mr. Paypompee’s good nature was on display during the hearing, but so was his disorganized thought.
Unfortunately, the Board did not have a good account of the incident at Whitefish Bay. However, the fact that Mr. Paypompee was involved in the fight is concerning. Concerning as well is what happened at his supportive residence. The fact that he had to be escorted out by police underscores the point that his housing is in jeopardy. Mr. Paypompee has nowhere else to go. If homeless, he would be at high risk of falling away from treatment, returning to substances, and becoming a real risk to the safety of the public. His poor problem solving, antisocial traits, and lack of appreciation that violence is not an appropriate response continues to support significant risk.
It is evident that continued efforts to communicate with his family, and especially the Substitute Decision Maker are warranted. That will become even more important if there should be a change of medications to address the tardive dyskinesia.
While Mr. Paypompee is to be commended for being in the community for four years, his housing is now problematic. The Hospital must approve housing and be in a position to immediately step in if decompensation is apparent. We wish Mr. Paypompee well in the upcoming year.
DATED this 11th of May 2026, at the City of Toronto, in the Toronto Region.
Murray D. Segal
Alternate Chairperson
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Office of the Registrar
Ontario Review Board