Ontario Review Board
Re: Brett Smith
ORB File No: 7855
Hearing held on: March 25, 2026
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus 100 West 5th Street, Hamilton, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. D. Sandor Members: Dr. J. Watts Dr. G. Stones Ms. M. L. Bridger Mr. A. Bouvier
Parties Appearing: Accused: Brett Smith Counsel: Mr. L. Brooks
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. D. Gzik
REASONS FOR DISPOSITION
(Dated May 12, 2026)
Introduction:
[1]. On February 24, 2021, Brett Smith was found not criminally responsible on account of mental disorder in relation to a charge of second-degree murder, contrary to the provisions of the Criminal Code of Canada. He is currently the subject of a Disposition of the Ontario Review Board, dated April 2, 2025, detaining him at the Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton, West 5th Campus (hereinafter referred to as “the Hospital”). That Disposition grants Mr. Smith certain privileges, including that of living in the community of Hamilton in accommodation approved by the person in charge of the Hospital. Mr. Smith is also to certain conditions including the submission of samples for the purpose of analyzing whether he has ingested alcohol, drugs or any other intoxicant.
[2]. On March 25, 2026, the Board convened a hearing to review the provisions of that Disposition, pursuant to section 672.81(1) of the Criminal Code. Mr. Smith was in attendance, accompanied by his lawyer, Mr. L. Brooks.
[3]. The record for the hearing included the Notice of Hearing, dated August 5, 2025, a Victim Impact Statement authored by Mr. Smith’s sister, Ms. Shelly Farrant, dated February 23, 2021, the most recent Disposition (mentioned above) and the Reasons for that Disposition. On the consent of all parties, a Hospital Report dated March 9, 2026 was entered into evidence as Exhibit 1.
[4]. The parties were canvassed for their positions. All agreed that Mr. Smith continued to represent a significant threat to the safety of the public as that term is defined in section 672.5401 of the Criminal Code and as it has been further explained by the Supreme Court of Canada in [Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC)](https://www.canlii.org/en/ca/scc/