Re Darryl McDonald, 2026 CanLII 45676

Re: Darryl McDonald

ORB File No: 8457

Hearing held on: Wednesday, April 1, 2026

Place of hearing: Centre for Addiction and Mental Health

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein

Members: Dr. S. Lessard

Dr. M. Green

Mr. J. Cyr

Parties Appearing:

Accused: Darryl McDonald

Counsel: Ms. M. Addie

The person in charge of hospital: Counsel: Mr. L. Crowell

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DISPOSITION

(Dated May 11, 2026)

Introduction

1. On January 9, 2024, Mr. Darryl McDonald was found not criminally responsible on account of mental disorder, on two charges of robbery, contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. McDonald is subject to a Disposition of the Ontario Review Board (the “Board”), dated April 9, 2025, which ordered that he be detained at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (“CAMH”).

3. On April 1, 2026, the Board convened a hearing at CAMH to conduct the annual review of the current Disposition.

4. Mr. McDonald was present at the hearing and was represented by his counsel, Ms. M. Addie. Mr. McDonald’s mother was also in attendance, via Zoom.

5. A Hospital Report, dated March 23, 2026 (the "Hospital Report"), was entered as Exhibit 1.

6. The issues at this hearing were whether Mr. McDonald is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code, and, if so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.

7. For the reasons set out below and based on the expert evidence and opinions before us, the Board concluded that Mr. McDonald continues to pose a significant threat to the safety of the public. The Board found that the necessary and appropriate Disposition in the circumstances is the continuation of the existing Detention Order, with the two amendments agreed to by all of the parties.

Current Diagnoses

8. Unspecified Schizophrenia Spectrum Disorder;

Substance Use Disorder;

Antisocial Personality Disorder.

Position of the Parties

9. Counsel for the hospital, the Attorney General and Mr. McDonald advised that this was a joint submission. All were adopting the hospital’s recommendation of a continuation of the Detention Order, with the amendments recommended by counsel for the Attorney General.

10. Counsel for the Attorney General requested the addition of two clauses to the current Disposition that would prohibit Mr. McDonald from attending at the addresses specified in our Disposition.

11. Counsel for Mr. McDonald advised that significant threat would not be in dispute for the purposes of this hearing.

Index Offences

12. The circumstances giving rise to the Index Offences are extracted from last year's Board Reasons as follows:

“Index Offence: Robbery x2

Police Synopsis

Charges: Possession of weapons dangerous, Robbery with violence, Utter threats to bodily harm, Assault with weapon, Fail to comply with release order, Breach of probation Date: March 8, 2023

“On Wednesday March 8, 2023, at approximately 7:40pm, the accused in this matter was located at 345 Bloor Street East in the city of Toronto. The address is the location of Greenwin Square within which is located a No Frill’s Grocery store, a McDonald’s restaurant, and several stores within its plaza. The witness Howe was originally located in line at the McDonald’s and observed the accused within the McDonald’s line for purchase as well. The accused pulled out what the witness believed to be a firearm – a black revolver with a brown handle, that he began to wave around without threatening any specific person but caused Howe to fear for his safety. Howe called police and followed the accused as he proceeded to exit the Greenwin plaza property and cross Bloor Street and attend a Pizzaiolo Store located at 366 Bloor Street East, Toronto. Once again Howe observed the accused as he brandished the firearm in his hand openly in front of other patrons and staff of Pizzaiolo and advised Police dispatch. Howe eventually lost sight of the accused prior to police arrival.

However, McDonald then returned to 345 Bloor Street East and entered No Frills grocery store located within. McDonald then selected several consumable items including 15 packages of bacon, a case of doctor pepper and a package of buffalo wings. The accused proceeded past all points of purchase without making any attempts to pay for the items. The witness Patel, is employed as Loss prevention for No Frills, had observed McDonald and approached him to stop and investigate him for the theft. Once Patel stopped him, McDonald once again brandished the weapon and pointed it at Patel and threatened to shoot him. McDonald, realizing that Patel had doubts the gun was real, then threw the gun at Patel narrowly missing him and attempted to make good his escape. A short foot pursuit occurred eastbound on Bloor Street East from the property. Police, on general patrol, observed the struggle between Patel and McDonald. Police eventually took McDonald into custody and began an investigation. The accused verified himself verbally. A police database search confirmed the accused’s identity with an attached database photo as a result the outstanding release order and probation order conditions came to light. The accused was transported to 51 Division station where he was subsequently charged and held for bail hearing.”

Charges: Robbery with an offensive weapon,

Fail to comply with probation order

Date: April 8, 2022

“On Friday April 8, 2022, the accused before the court entered the Rabba Fine Foods located at 148 Wellesley Street East. While inside the store the accused selected a box of waffles and a chocolate cake. Both items were placed inside a bag. This was all observed by the victim who was watching the cameras. The accused made his towards the exit, making no attempt to pay. The accused was fronted by the victim and at this time the accused displayed a firearm that was concealed in his waist band and stated “don’t play with me.” The accused exited the store and was last seen going east bound on Wellesley Street East. Officers from 51 Division responded to the radio call and attended 200 Wellesley Street East where the accused was observed exiting the elevator eating the cake that was taken from Rabba Fine Foods. The accused was placed under arrest. At the time of arrest, the accused was still in possession of the firearm which was quickly determined to be a toy. The accused was transported to 51 Division where he was charged accordingly and held for show cause hearing.

Note: he was on probation for Indecent Act at the time of this offense.”

Background, Criminal History and Psychiatric History

13. Mr. McDonald's background, criminal history and psychiatric history are outlined in the Hospital Report, and they are accurately summarized in last year’s Reasons:

“Mr. McDonald has been unemployed for a lengthy period and is supported by ODSP. He has two half-siblings on his mother's side and about five on his father's side. His father lived with the family but was not an active part of his life. His mother worked at McDonald's. His upbringing is described as somewhat chaotic, and he was reportedly introduced to drugs and gangs at an early age and displaying some conduct disordered behaviours in school.

Mr. McDonald has a significant history of substance use, including crystal methamphetamine and crack cocaine. He has been diagnosed with a cannabis use disorder and a stimulant use disorder in the past.

The following summary is extracted from the Hospital Report:

October 16, 2000 Oshawa, ON

Assault (x3) Fail to comply with recognizance Fail to comply with undertaking

1 day on each charge conc. (37 days pre-sentence custody) Probation

(18 months)

Discretionary prohibition order for 5 years

March 28, 2001 Newmarket, ON

Fail to comply with recognizance

$300

October 1, 2001 Toronto, ON

Assault

Fail to comply with probation order

Suspended sentence

Probation 2 years on each charge concurrent

20 days pre-sentence custody

May 31, 2006 Toronto, ON

Uttering threats

90 day conditional sentence order

Probation (9 moths)

Discretionary prohibition order for 5 years

January 29, 2010 Toronto, ON

Theft under $5000

Suspended sentence

Probation (1 year) 1 day presentence custody

April 15, 2011

Criminal harassment

90 day conditional sentence order

45 days pre-sentence custody

Probation (3 years)

Mandatory prohibition order

February 11, 2022 Toronto, ON

Indecent act

9 days

Probation (12 months) Credit for 6 days pre-sentence custody

With respect to Mr. McDonald's psychiatric history, it is detailed in the Hospital Report. Of note is the fact that he has had more than 120 emergency room admissions since 2016.”

Course Since Last Disposition

14. Mr. McDonald's course since his last Disposition is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

“Overall, this reporting period was initially characterized by behavioural instability and intermittent emotional dysregulation; however, following several behavioural interventions and pharmacological adjustments, Mr. McDonald demonstrated further improvement and entered a more stable trajectory toward the latter part of the year. A key clinical development during this period was the initiation and gradual optimization of clozapine treatment. Since January 2026, Mr. McDonald has tolerated progressive dose increases and demonstrated improved behavioural regulation and engagement in programming. Throughout this period, there were no reported incidents of substance use, seclusion, or physical aggression, and Mr. McDonald remained engaged with his treatment team.

As of March 2026, Mr. McDonald was utilizing Level 4 escorted passes appropriately, with no recent incidents of absconding or physical aggression.

Mr. McDonald remained meaningfully engaged in therapeutic and structured programming throughout the reporting period. He consistently attended Therapeutic Neighborhood and unit-based groups designed to enhance emotional regulation, coping skills, and illness management. These included CBT-based groups such as Stress and Coping and Our Choice, Illness Management and Recovery programming, Early Engagement Concurrent Disorders groups, Wellness Day activities, peer support programming, and recreational groups including Smile Serenades and Yard Group.”

Evidence at the Hearing

15. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Kravtsenyuk. Dr. Kravtsenyuk co-authored the Hospital Report, and she testified as follows:

a) She has been involved in Mr. McDonald’s care for one to two years.

b) Mr. McDonald had a relatively good and progressive year, with increasing stability toward the end of this reporting period.

c) The treatment team identified the right combination of medications, notably the addition of clozapine, which contributed to Mr. McDonald’s improved stability.

d) Mr. McDonald has tolerated his dose of clozapine with no serious side effects, and they have noticed that it has improved his impulse control.

e) Mr. McDonald has been a “good patient,” adherent with his medication regimen and engaged with the treatment team.

f) Mr. McDonald's mother has also been actively involved in his care, which has been a very positive factor in his recovery.

g) Mr. McDonald has been receptive to education from nursing staff, pharmacists, and his physician. He has shown a willingness to engage in both pharmacological and non-pharmacological treatments.

h) Mr. McDonald may be able to transition to a General Forensic Unit within the next couple of months as he progresses with his passes.

i) The key risk factors identified for Mr. McDonald are his exposure to destabilizers, including substances. The treatment team needs to monitor his psychotic symptoms and stability and to ensure his continued understanding of, and compliance with, pass rules.

j) The team will also need to assess his cognitive functioning further in order to help him understand and appreciate the expectations of the treatment team.

16. In response to questions from counsel for the Attorney General, Dr. Kravtsenyuk testified:

a) Mr. McDonald is currently using level 4 passes, which allow him to have escorted passes on hospital grounds and into the community. He may also be using accompanied passes as well.

b) Once Mr. McDonald has demonstrated a longer period of stability, it would be appropriate to conduct a PCL-R assessment, as well as to revisit any diagnosis of an antisocial personality disorder. She has not seen any antisocial personality behaviours from Mr. McDonald, and he has been quite open and honest with the treatment team. The team has also not observed any rule breaking.

c) As was mentioned last year, there is no urgency for a sexual behaviour’s assessment at this time; however, as Mr. McDonald gains more privileges, this assessment may become relevant.

17. In response to questions from counsel for Mr. McDonald, Dr. Kravtsenyuk testified:

a) Mr. McDonald is still being treated as capable to consent to psychiatric treatment. He has been cooperative with the treatment team in all respects: medication adherence, programming and use of passes.

b) It would be appropriate for Mr. McDonald’s mother to become an approved person.

18. In response to questions from the panel, Dr. Kravtsenyuk testified:

a) Mr. McDonald's insight into his mental illness, the need for treatment, and the negative effects of substance use has improved.

b) Mr. McDonald is aware of, and complies with, the rules and expectations of the treatment team. At this point, it is hard to assess his insight into his Index Offences, as any assessment of insight might be affected by possible cognitive impairment. In the next reporting period, additional psychometric and cognitive assessments would be helpful to evaluate his level of insight.

c) His diagnosis could be classified now as “unspecified schizophrenia spectrum disorder,” versus what is written on page 1 of the Hospital Report.

d) The assessments discussed in this hearing, such as the PCL-R, personality issues, and sexual behaviours assessments, are best deferred until Mr. McDonald has had a longer period of stability and has transitioned to a General Forensic Unit (“GFU”). These assessments are anticipated to be available for next year's hearing if Mr. McDonald continues on his positive trajectory.

e) None of the outstanding assessments would change her current risk assessment.

19. No other evidence was called.

Analysis and Conclusions

20. Having heard and considered the entirety of the evidence as well as submissions from the parties, the Board agrees with the joint submission: Mr. McDonald remains a significant threat to the safety of the public.

21. In Winko, the Supreme Court outlined that, in coming to the conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence, including: the circumstances of the original offence; the past and expected course of the accused’s treatment; the present state of the NCR accused’s medical condition; the NCR accused’s own plans for the future; the support existing for the NCR accused in the community; and most importantly, the recommendations provided by experts who examined the NCR accused. In coming to our conclusion in this matter, the Board relies on the uncontroverted expert evidence of Dr. Kravtsenyuk, in addition to the documentary evidence before us.

22. Mr. McDonald suffers from a primary psychotic disorder. When unwell, he has exhibited auditory hallucinations, paranoia, delusional content, and agitation.

23. Mr. McDonald has a significant history of crystal methamphetamine and crack cocaine use. In the past, he has been diagnosed with substance use disorders of both cannabis and stimulants. While Mr. McDonald has expressed regret about how substance use has affected his life, he has been unable to articulate adequate insight into the risk that substance use poses.

24. In particular, the Board relies on the following paragraphs in the Hospital Report:

“Given Mr. McDonald’s history of mental illness, previous violence while unwell, and risk assessment scores, he continues to meet the threshold for significant threat as defined in Section 672.5401 of the Criminal Code.

In risk assessment, one of the best predictors of future violence is a patient’s history of violence. If Mr. McDonald were to reoffend, it would likely be in the context of psychotic symptoms due to non-compliance to medication, substance use, or stressors leading to psychotic decompensation. In the absence of external monitoring, he will likely disengage with services, become non-compliant with medication, use substances, which will increase his risk of relapsing into a psychotic episode, similar to his mental state at the time of the index offence.

Mr. McDonald should continue to take his prescribed antipsychotic and mood stabilizing medication. When compliant with medication, he has shown a positive response to antipsychotic treatment, particularly clozapine augmentation. When non-compliant with medication and if engaging in substance use, he will likely display symptoms of his illness, including auditory hallucinations, paranoid ideation, and worsening delusions, and agitation. Mr. McDonald has a history of noncompliance with treatment, and previously was maintained on a Community Treatment Order (CTO).”

25. The Board thanks Mr. McDonald's mother for her positive support. It also commends Mr. McDonald for all that he has accomplished since the optimization of his medication regimen. As noted in the Hospital Report, Mr. McDonald remained meaningfully engaged in therapeutic and structured programming throughout the reporting period.

26. In consideration of all the evidence, submissions of the parties and criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. McDonald, his reintegration into society and his other needs, the necessary and appropriate Disposition is to continue with a Detention Order, with the amendments agreed to by all the parties.

DATED this 11th day of May, 2026, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein

Alternate Chairperson

__________________

Office of the Registrar

Ontario Review Board