Re: Owen Thomas
ORB File No: 6651
Hearing held on: Friday, March 6, 2026
Place of hearing: Centre for Addiction & Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Flanagan
Members: Dr. B. Sheppard Dr. G. Nexhipi Mr. D. Sandor Mr. W. Apted
Parties Appearing:
Accused: Owen Thomas Counsel: Mr. F. Bernhardt
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. S. Malik
REASONS FOR DISPOSITION
(Dated May 12, 2026)
Introduction
On November 17, 2014, Owen Thomas was found not criminally responsible on account of mental disorder on a charge of aggravated assault, contrary to the provisions of the Criminal Code of Canada. He is currently subject to a Disposition of the Ontario Review Board, dated February 13, 2025, discharging him subject to certain terms and conditions. The Disposition includes a condition that he reside at a specified address, that he report to the Centre for Addiction and Mental Health Toronto (hereinafter referred to as “the Hospital”) not less than once per week, that he abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant and that he submit samples for the purpose of monitoring his compliance with the abstention condition.
On March 6, 2026, a panel of the Ontario Review Board convened a hearing to review that Disposition. Mr. Thomas was present for his hearing, accompanied by his lawyer, Mr. Bernhardt.
The record for the hearing included the Notice of Hearing, dated June 19, 2025, the most recent Disposition, dated February 13, 2025, and the most recent Reasons for that Disposition. On the consent of all parties a Hospital Report, dated January 26, 2026, was entered into evidence as Exhibit 1.
The parties were canvassed for their initial positions at the hearing’s outset. All agreed that Mr. Thomas 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 explained by the Supreme Court of Canada in Winko v. British Columbia, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. All also agreed that a conditional discharge remained necessary and appropriate having regard to the objectives