Ontario Review Board
Re: McDonald Seales
(aka Major MacDonald Lawrence McSeales)
ORB File No: 0520
Hearing held on: Monday, May 11, 2026
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th^ Campus
100 West 5^th^ Street, Hamilton, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Clapp
Members: Dr. J. Kis
Dr. G. Nexhipi
Ms. N. Nathanson
Mr. S. Doherty
Parties Appearing:
Accused: McDonald Seales
Counsel: Mr. A. Confente
The person in charge of hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated June 4, 2026)
Introduction:
On October 23, 1979, McDonald Seales was found not guilty by reason of insanity (“NGRI”) (now referred to as not criminally responsible on account of mental disorder (“NCR”)) on a charge of first-degree murder, contrary to the Criminal Code. He has been subject to Dispositions of the Ontario Review Board (“ORB” or the “Board”) (or its predecessor) since then.
Mr. Seales is currently subject to a Disposition dated May 29, 2025 whereby he is detained at St. Joseph’s Healthcare Hamilton, West 5^th^ Campus (“SJHCH” or the “hospital”) with privileges up to and including entry into the community accompanied by staff or an approved person. Indirectly supervised hospital and grounds privileges were added last year. Mr. Seales is also required to abstain from substance use, and refrain from possessing weapons or incendiary devices.
On May 11, 2026, a panel of the Board convened at SJHCH to conduct Mr. Seales’ annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Seales attended the hearing and was represented by counsel, Mr. Confente.
The Hospital Report dated April 10, 2026, was marked as Exhibit 1. In addition to the documentary evidence, the panel heard oral evidence from Mr. Seales’ attending psychiatrist, Dr. S. Nagari, as well as Mr. Seales.
The issues to be decided at the hearing were whether Mr. Seales continues to meet the test of posing a significant threat to the safety of the public as set out in section 672.5401 of the Criminal Code, and if so, what is the necessary and appropriate Disposition, taking into account the four factors set out in section 672.54 of the Criminal Code.
Positions of the Parties:
At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Mr. O’Brien took the position that Mr. Seales continues to represent a significant threat to the safety of the public, and that a continuation of the existing Detention Order remained necessary and appropriate.
Ms. McKenzie supported the position of the hospital on behalf of the Attorney General.
Mr. Confente advised that the issues of significant threat and the appropriateness of a Detention Order would not be contested. However, Mr. Seales was seeking indirectly supervised privileges into the community as well as a provision allowing for community living.
Findings:
- For the reasons that follow, the panel found that Mr. Seales continues to pose a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the existing Detention Order.
Index Offence:
- The circumstances of the index offence are set out in the Hospital Report at pages 3-4 as follows:
“Mr. McSeales arrived in Toronto shortly before 5:30 p.m. on January 29, 1979 and purchased a knife at the Eaton's Centre. He then went to his wife's home and was allowed in. He sat on the chesterfield for a period and then began stabbing her. His two children came downstairs and watched. He continued to stab his wife and told the children to return to their rooms and go to bed. He then wiped the knife and placed it in the kitchen drawer. He went upstairs and cleaned himself and donned a pair of his wife's pants as his was covered with blood. He made his way to the Queen Street Mental Health Centre where he arrived shortly before 10:00 p.m. He advised the hospital staff of his actions and, as a result, the police were contacted and they found that it was true that Mr. McSeales’ wife had been killed. She sustained 14 stab wounds to the front, back, chest, arm, and hand areas of her body, and cause of death was given as "massive hemorrhage due to multiple stab wounds". Records indicate that Mr. McSeales killed his wife to free himself of a voodoo curse, which she had placed on him, in order to remove the spell.”
Background:
Mr. Seales is now 77 years old. His personal history is outlined in the Hospital Report in detail and was summarized by this writer in last year’s Reasons for Disposition (“Reasons”) as follows. Mr. Seales was born in Trinidad, as the second of ten siblings. He completed four years of high school and then apprenticed in tailoring. He worked as a tailor before immigrating to Canada in 1968 at the age of 20. He then worked a number of jobs but struggled to maintain steady employment.
Mr. Seales was engaged to be married to a woman from Trinidad before he came to Canada. They married in 1971 once she had come to Canada, and they had two sons. They separated and then divorced in 1978. Mr. Seales was using drugs and alcohol regularly and engaged in extramarital affairs. He began to experience beliefs that his wife was placing a voodoo spell and he began to act out physically against her.
Criminal History:
Mr. Seales’ criminal history is set out in the Hospital Report at pages 3-5 and was summarized by this writer in last year’s Reasons as follows. Prior to the index offence, between 1975 and 1979, Mr. Seales had a number of convictions for offences including theft, carrying a concealed weapon, failure to appear, and indecent assault. Mr. Seales also has a number of convictions for assault and assault with a weapon while subject to the jurisdiction of the Board (in 2009, 2013, 2017, 2019, and 2022).
The 2017 conviction for assault with a weapon occurred while Mr. Seales was detained at Ontario Shores Centre for Mental Health Care (“Ontario Shores”). Unprovoked, Mr. Seales struck a co-patient on his head in a punching motion while holding a plastic knife between his fingers. He was deemed a dual status offender following this conviction.
The 2022 conviction for assault related to an incident where Mr. Seales punched his attending psychiatrist repeatedly in the face without warning when he was a patient at Providence Care Hospital (“Providence”). It was noted that Mr. Seales had been taking his antipsychotic medication consistently and without complaint. Mr. Seales remained in seclusion for ten days following the assault, and it was subsequently recommended that Mr. Seales be detained at the High Secure Programs Division of the Waypoint Centre for Mental Health Care (“Waypoint”).
Psychiatric History:
The Hospital Report outlines Mr. Seales’ psychiatric history in detail, and was summarized by this writer in last year’s Reasons as follows. Mr. Seales had three admissions to the London Psychiatric Hospital between December 1975 and February 1979 where he was diagnosed with Schizophrenia. He also had an admission to the Riverview Psychiatric Hospital in Vancouver (dates unknown) where he eloped twice, stole a suitcase, fraudulently acquired money, and started a fire in a washroom. Between October 1977 and January 1979, Mr. Seales had three admissions to the Queen Street Mental Health Centre in Toronto. He eloped multiple times and was again diagnosed with Schizophrenia.
Since coming under the jurisdiction of the Board in 1979, Mr. Seales has been a patient at several different forensic hospitals in Ontario, including the Southwest Centre for Forensic Mental Health Care, Waypoint, Providence, the Centre for Addiction and Mental Health, Ontario Shores, and SJHCH. Mr. Seales’ course at these hospitals is outlined in the Hospital Report and will not be repeated here.
Between 2005 and 2008, Mr. Seales had a period of relative stability and was discharged to live in the community on at least three occasions. However, each time he required readmission to hospital. In December 2008, he was charged with sexual assault, was readmitted to hospital, and lost his housing. He has not lived in the community since then.
In 2023, the treatment team at Waypoint opined that Mr. Seales could be managed at a less secure facility. He was transferred to SJHCH on March 4, 2025. At the time of last year’s hearing, Mr. Seales had only been at SJHCH for a few months and had adjusted to the new environment without incident; however, there were some signs of clinical instability.
Mr. Seales’ current diagnoses are: Schizoaffective Disorder, bipolar type; Polysubstance Use Disorder, currently in remission in a controlled environment; and Personality Disorder, NOS. Mr. Seales is capable of consenting to treatment and of managing his finances.
Evidence at the Hearing:
The Hospital Report stated that Mr. Seales’ presentation has generally remained at his baseline during this reporting period. He was pleasant and engaging with staff and co-patients on the unit, and his mood remained stable. At times he was observed talking to himself and laughing sporadically. Mr. Seales did not act in an aggressive manner or require seclusion during this reporting period; however, there were a number of incidents of sexually inappropriate behaviour outlined in the Hospital Report under Notable Incidents. Mr. Seales’ insight into these behaviours remains limited, and he was often dismissive when spoken to about them, or stated that they were innocent attempts to seek companionship without sexual intent.
Mr. Seales accepts his psychiatric treatment, and all urine samples for drug and alcohol screening have returned negative. His insight into his mental illness and the need for treatment remains underdeveloped.
The Hospital Report stated that Mr. Seales used all indirectly supervised privileges on hospital grounds appropriately.
Mr. Seales underwent retinal re-attachment surgery on his right eye in December 2025; however, it was not successful as he had difficulty adhering to the recovery instructions. The surgery was repeated in February 2026. The unit enlisted a Personal Support Worker (PSW) to support Mr. Seales during the post-operative period. Mr. Seales made sexually inappropriate comments to the PSWs who would remain with him in his room for several hours.
The Hospital Report stated that while the results of the 2016 psychological risk assessment remained valid (which concluded that Mr. Seales’ risk for violent reoffending was in the moderate range and his risk for sexual reoffending was in the moderately low range while subject to a Detention Order), Mr. Seales will be prioritized for an updated comprehensive psychological risk assessment before his next ORB hearing.
Mr. Seales continued to reminisce and talk about his late wife who was the victim of the index offence. On her death anniversary, he spoke about his reasoning for committing the index offence. This reasoning remained rooted in delusional thinking and portrayed his act as one of altruism (i.e., he killed his wife to help her).
The Hospital Report stated the following about the issue of significant threat (at pages 147-148):
“With respect to the significant threat, the treatment team unanimously opines that he meets the threshold. In forming this opinion, we have considered that Mr. Seales suffers from a major mental illness with residual delusions and traits of narcissistic and antisocial personality disorders. Although well managed in this supervised setting at this time, his past history of substance use is a risk factor that needs ongoing monitoring. Other historical factors informing his risk include past violence, a criminal history prior to his NGRI finding, unprovoked assaults in hospitals during his tenure in forensics, repeated refusals of treatment, sexually inappropriate behaviours toward female staff, which are highly relevant at present, and a recent designation of dual status offender following a conviction for Assault with a Weapon in 2017.”
Dr. Nagari referred to the paragraph above during his testimony, and added that Mr. Seales has an “incorrigible attitude to feedback”, and an “absolute lack of insight into his concerning behaviours”, that is “incompatible with public safety.”
Dr. Nagari has been Mr. Seales’ attending psychiatrist since his transfer to SJHCH in March 2025. He reiterated much of what was outlined in the Hospital Report, and stated that Mr. Seales has a good rapport with staff and engaged in all interviews in a polite and respectful way. He emphasized that there were no positive urine drug screens despite Mr. Seales having hospital grounds privileges on the public side. Mr. Seales is a regular attendant at the church in the hospital and participates in carol services.
Dr. Nagari testified that sexually inappropriate behaviours have been the most concerning issue this year. When the treatment team has tried to speak to Mr. Seales about modifying or restraining his behaviours, he vehemently denies that his actions were of a sexual nature and insists the reports are exaggerations. Mr. Seales has typically disregarded the team’s warnings with respect to ceasing sexually inappropriate behaviours, and continued despite warnings. Dr. Nagari was of the opinion that Mr. Seales’ inability to take in feedback is related to his narcissistic personality and his concrete view that he has been in the forensic system for far too long for something that he did altruistically.
Dr. Nagari provided information about two recent incidents that were not included in the Hospital Report. On April 7, 2026, a recreation therapist reported that Mr. Seales touched her hand without her consent. On April 13, 2026, Mr. Seales tried to kiss one of the cleaning staff in the dining area of the unit. When confronted about this, Mr. Seales was offended that he had been accused of wrongdoing, and explained that it had been his intention to “give her a breath of life” like Jesus because her mother was in the hospital as a result of cancer. Mr. Seales had great difficulty understanding why the treatment team was of the opinion that this was inappropriate and concerning, and he used profanities towards staff. His privileges were subsequently held. Mr. Seales apologized a few days later but did not appreciate why the behaviours were inappropriate and felt that his reputation had been tarnished.
In response to a question from Ms. McKenzie about whether Mr. Seales’ risk for sexual reoffending remained low-moderate, Dr. Nagari stated that given the recent incidents his concerns have increased. This will need to be explored in the coming year along with a new psychological risk assessment. Dr. Nagari did not think that anti-androgen medication was warranted since Mr. Seales was not aroused during these incidents.
Although Dr. Nagari had hoped to be able to recommend the addition of indirectly supervised community privileges (Level 4) for Mr. Seales, the recent incidents precluded that. Despite Mr. Seales’ age, his concerning behaviours continue and there would be no way to monitor him in the community. Dr. Nagari noted that prior community placements have failed, and Mr. Seales’ conduct in the supervised hospital setting is cause for concern. Dr. Nagari remained hopeful that Mr. Seales will be able to modify his behaviour when stricter measures are taken and his privileges are restricted.
Dr. Nagari testified that he was not considering indirectly supervised access to the community because risk to the community is higher at this time. It would be counterproductive to include Level 4 privileges in Mr. Seales’ Disposition because he already has a sense of entitlement. Mr. Seales did not have any indirectly supervised privileges until he arrived at SJHCH, and there needs to be evidence consistent with restraint and behavioural stability before the next level of privileges will be considered, “not the other way around.”
For the same reasons, Dr. Nagari did not support the addition of community living in Mr. Seales’ Disposition, nor a Conditional Discharge.
In response to questions from Mr. Confente, Dr. Nagari stated that the treatment team would be open to expanding Mr. Seales’ exposure to music depending on the request and the need for risk management; however, he stated that Mr. Seales has never expressed that he has been deprived in any way in that regard. He has access to a music room and plenty of opportunities to be creative.
Dr. Nagari testified that Mr. Seales is working his way back up the privilege ladder after his privileges were taken away following the April 13, 2026 incident. Dr. Nagari also testified that Mr. Seales was not at the ceiling of those privileges, even before the recent incidents. Dr. Nagari stated that Mr. Seales needs to demonstrate consistent restraint and behavioural stability.
Mr. Seales testified that he had a really good year up until recent events. He stated that he knew exactly what he was doing during the incidents in April, and stated that he did not need to kiss and hug people or hold their hands. Mr. Seales testified that he “refused to be Mr. Goody-Two-Shoes” for Dr. Nagari and wanted to see Dr. Nagari’s reaction. He stated that Dr. Nagari does not like black people. Mr. Seales became quite angry and directed derogatory language at Dr. Nagari. Mr. Seales also complained that he had no place to pursue his music. Mr. Seales concluded his evidence by singing the song “My Way.”
Analysis and Conclusions:
Based on the Hospital Report and the evidence at the hearing, the panel concluded that there was clear evidence that Mr. Seales remains a significant threat to public safety. Mr. Seales carries a diagnosis of Schizoaffective Disorder, and has prominent narcissistic and antisocial personality traits. As submitted by Ms. McKenzie, Mr. Seales has a history of unpredictable, instrumental, and impulsive violence, and the index offence was the most violent in the Criminal Code. Mr. Seales also has a history of sexual assault, and his sexually inappropriate behaviours towards female staff in the hospital appear to be getting more intrusive. The panel found this to be concerning, particularly since he was unable/unwilling to incorporate feedback provided and alter his behaviour accordingly. The panel concluded that should Mr. Seales be without supervision, it is highly likely that he would stop taking his medications independently, and experience increased social disinhibition, disorganization, agitation and/or worsening of his delusions. He may also revert to substance use, which remains an established risk factor. This is likely to result in both psychological and physical harm to members of the public, which has unfortunately continued to occur even while subject to the jurisdiction of the Board.
The panel concluded that a continuation of the existing Detention Order was necessary and appropriate to manage Mr. Seales’ risk. It was clear that the addition of indirectly supervised privileges into the community and a community living provision were not appropriate at the current time. Mr. Seales engaged in some very concerning and inappropriate behaviours of a sexual nature in recent weeks, and has been unable to understand why the treatment team is concerned, nor express any empathy toward the female staff members who were the subjects of his inappropriate behaviours. Further, Mr. Seales testified that he knew exactly what he was doing and only did it to trigger a response from his psychiatrist. These incidents (in addition to the other notable incidents over the past few years), demonstrate that close monitoring of Mr. Seales is required in order to manage his risk to the public. This cannot be done if Mr. Seales is in the community without supervision. The panel also noted that Mr. Seales was charged with sexual assault in 2008 after he had been discharged to the community.
The panel accepted Dr. Nagari’s evidence that the addition of any more privileges in Mr. Seales’ Disposition would be counterproductive (as opposed to a motivating factor) for Mr. Seales, given his enduring sense of entitlement. Finally, based on Dr. Nagari’s evidence, the panel was satisfied that Mr. Seales had not reached the ceiling of his indirectly supervised privileges on hospital grounds.
DATED this 4^th^ day of June 2026, at the City of Toronto, in the Toronto Region.
Ms. S. Clapp
Alternate Chair
________________________
Office of the Registrar
Ontario Review Board