Re: K. (D.)
ORB File No: 8940
Hearing held on: Thursday, April 9, 2026
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.47(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: K. (D.) Counsel: Mr. U. Agostino Person in charge of Hospital: Counsel: Mr. Isaac Wright Attorney General of Ontario: Counsel: Ms. R. Derouard
*Pursuant to s. 672.501(1) of the Criminal Code, the Ontario Review Board prohibits the publication, broadcasting, or other transmission of any information that could identify a victim in this matter or a witness who is under 18 years of age.
REASONS FOR DISPOSITION
(Dated May 11, 2026)
Introduction:
1K. (D.), age 20, was found unfit to stand trial on account of mental disorder on January 13, 2026, on charges of sexual interference, sexual assault, assault bodily harm, possession of a weapon for a purpose dangerous, and fail to comply with a release order (x 2). The court referred the matter to the Ontario Review Board (“the Board”) to make a disposition. K. (D.) is detained at the Kenora District Jail until a bed becomes available at the Thunder Bay Regional Health Sciences Centre (“the Hospital”) or another secure forensic facility in Ontario.
2On April 9, 2026, K. (D.) appeared for his initial hearing before the Board at the Hospital. K. (D.) appeared remotely from the Kenora District Jail where he has been since June of 2025. He was represented by his counsel, Mr. U. Agostino. Mr. Isaac Wright appeared as counsel for the hospital. Ms. R. Derouard appeared as Crown counsel.
3Exhibit 1 was a hospital report in the form of a letter dated March 20, 2026. Exhibit 2 was correspondence by the Hospital with other forensic hospitals inquiring if there was any bed space. The day of the hearing, North Bay Health Centre advised in writing that it was prepared to accommodate K. (D.). Exhibit 3 was the criminal court file containing an earlier assessment, the charges, police synopses, and like material.
Position of the Parties:
4In preliminary positions, the Hospital advanced that K. (D.) was unfit, but a transfer to North Bay was appropriate and that a Detention Order should issue.
5Crown counsel anticipated agreeing with the Hospital.
6Because the patient’s counsel had not seen the North Bay letter, a brief adjournment was permitted so it could be reviewed with the client. After, Mr. Agostino agreed that his client was unfit and a transfer to North Bay made sense. Mr. Agostino had no instructions regarding his disposition.
Evidence at Hearing:
7Dr. Sheppard, the patient’s psychiatrist, testified. Dr. Sheppard had last assessed K. (D.) on March 10, 2026. Dr. M. Kravtsenyuk, who is attached to CAMH, had seen K. (D.) on a number of occasions to explore fitness and had provided a written assessment that was before the Board.
8K. (D.) is receiving treatment in the form of antipsychotic medication. The medications have been changed a number of times. Not much progress has resulted.
9Dr. Sheppard agreed that K. (D.) clearly has a major mental illness, potentially schizophrenia. He is quite symptomatic. K. (D.) hears voices. His thinking is disorganized. He has difficulty focusing on the issues under discussion.
10K. (D.) knew he was in jail. In discussions with hospital staff, he could only mention one charge, which he described as an assault. He did not appear to realize he faced several charges. K. (D.) did not understand he had to go to court as he thought he would be released from jail. He has no appreciation of what a judge does or the need for counsel. He had no knowledge of the pleas or consequences of a trial. In summary, K. (D.) would not be able to communicate with counsel or participate in a trial at present according to Dr. Sheppard.
11As mentioned, K. (D.) has been in custody since June 2025.
12K. (D.)’s presentation has fluctuated. Last October, Dr. Kravtsenyuk was thinking that K. (D.) was gaining fitness, but that was followed by a marked decline that has persisted.
13According to Dr. Sheppard the prospect of achieving fitness is real with more active treatment in a hospital. K. (D.) has no prior hospitalizations.
14There is a great deal that is unknown about K. (D.), including whether there are cognitive limitations or evidence of fetal alcohol effects. Little is in hand regarding his development from collateral sources. Attempts to speak with a responsible adult in the community have gone unheeded. An aunt that could possibly assist has moved away.
15When admitted to jail, there were issues involving violence and aggression, but they are not now in evidence. The criminal charges raise issues of violence. If in the community, the risk to safety would be severe.
16The allegations are quite serious, including sexually assaulting a 10-year-old female over a protracted period of time.
17K. (D.) has no supports in Kenora, Thunder Bay, or at his home community of North Spirit Lake. It is not clear whether K. (D.) would be welcome in his home community.
18K. (D.) needs to be in hospital. The waitlist for a Thunder Bay bed is at least three to six months as the demand is so high. The prospect of a forensic bed in North Bay would be welcome. While farther away from North Spirit Lake than Thunder Bay, it was Dr. Sheppard’s view that the gains would outweigh any downsides. There would be the possibility of a return to Thunder Bay hospital on a transfer from North Bay.
Final Submissions:
19Final Submissions supported opening positions. There was an acknowledgement that a North Bay admission pending a return to a Thunder Bay forensic bed was a good idea.
Analysis:
20There could be no doubt about the current lack of fitness. K. (D.)’s state was clearly evident on the video link.
21It is unfortunate that this young man, so clearly in poor mental health, has been in jail since last summer.
22The Hospital’s actions in reaching out to several forensic hospitals was commendable. All parties were of the view that the best result at present would be to place K. (D.) under Thunder Bay’s care and order a transfer to North Bay pending the possibility of a return to Thunder Bay. In this fashion, K. (D.) would be on two hospital waiting lists. It would also leave open a transfer back to Thunder Bay to be nearer to his home community when the time is right.
23For sure, there is much to be investigated regarding K. (D.). The Hospital has tried without success to obtain the necessary and valuable collateral information, starting with the achievement of childhood milestones. We wish K. (D.) well in the upcoming period.
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