Ontario Review Board
Re: Dylan Gilbert
ORB File No: 8697
Hearing held on: Monday, March 30, 2026
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Flanagan
Members: Dr. Y. Alatishe
Dr. W. Loza
Ms. M. Chamberlain
Mr. S. Duffy
Parties Appearing:
Accused: Dylan Gilbert
Counsel: Ms. K. Irwin
The person in charge of hospital: Representative: Dr. J. Gray
Attorney General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated May 14, 2026)
Introduction
On December 20, 2024, Dylan Gilbert was found not criminally responsible on account of mental disorder (“NCR”) on two charges of uttering threats, and two charges of breach of probation, all contrary to the Criminal Code.
Mr. Gilbert is currently subject to a Disposition of the Ontario Review Board (“ORB” or “the Board”) dated April 24, 2025, detaining him at the Secure Forensic Unit of the Brockville Mental Health Centre - Member of the Royal Ottawa Health Care Group (“the hospital” or “BMHC”), with certain privileges including to live in the community of Brockville in 24 hour a day supervised accommodation approved by the person in charge.
On March 30, 2026, a panel of the Board convened to review the Disposition in accordance with the requirements of s. 672.81(1) of the Criminal Code. Ms. K. Irwin, counsel for Mr. Gilbert, attended the hearing, as did Mr. Gilbert. A Hospital Report dated February 25, 2026, and a CPIC Response Report were filed as Exhibits 1 and 2, respectively at the hearing. In addition to the documentary evidence, Dr. J. Gray, the attending psychiatrist, gave evidence at the hearing.
The issues to be determined are whether Mr. Gilbert continues to represent a significant threat to the safety of the public, as defined in section 672.5401 of the Criminal Code, and if so, the necessary and appropriate Disposition to manage that risk, having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below, this Board concluded that Mr. Gilbert continues to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition is the continuation of the existing Detention Disposition on the same terms and conditions.
Initial Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Dr. Gray, on behalf of the Hospital, recommended the continuation of the existing Detention Disposition on the same terms and conditions.
Mr. Schultz, on behalf of the Attorney General of Ontario, supported the recommendation of the Hospital.
Ms. Irwin, on behalf of Mr. Gilbert, conceded significant risk and supported the Hospital’s recommendation.
At the end of the evidence, all parties maintained their initial positions.
Index Offence
- The circumstances giving rise to the index offences are extracted from last year’s Board Reasons, as follows:
“On the evening of March 4, 2024, the victim, Edward GILBERT, received two phone calls on his personal cellular phone. The caller’s name was displayed as Providence Care Hospital.
The victim was aware that his estranged son, the accused Dylan GILBERT, had been secured in the facility due to various criminal acts, including offences against himself as well as his wife, Janet GILBERT. The victim ignored both calls, as he and his wife had ceased any and all communication with the accused due to his historical aggressive and violent behaviour.
When the victim returned home, he had two voic