Ontario Review Board
Re: Barron Jenner
ORB File No: 4025
Hearing held on: Thursday May 28, 2026
Place of Hearing: Waypoint Centre for Mental Health Care (Via Zoom)
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. W. Johnston Dr. W. Loza Ms. J. Fuller Mr. S. Duffy
Parties Appearing:
Accused: Barron Jenner Counsel: Mr. S. Gehl
Person in Charge of Hospital: Counsel: Ms. J. Lefebvre
Attorney-General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DECISION
(Dated June 3, 2026)
Introduction
[1]. On August 11, 2004, Barron Jenner was found not criminally responsible on account of mental disorder on a charge of mischief regarding use of property exceeding $5000 contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board (“the Board”) dated November 25, 2025, ordering that he be detained at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs Division, Penetanguishene (“the Hospital”), with privileges up to and including hospital and grounds privileges beyond the secure perimeter of the Hospital escorted by staff.
[2]. By letter dated April 1, 2026, the Hospital notified the Board pursuant to section 672.56 of the Criminal Code that Mr. Jenner had been subject to a significant restriction of his liberty for a period exceeding seven days due to his having been placed in seclusion.
[3]. On Thursday, May 28, 2026, the Board convened a hearing to review the restriction of Mr. Jenner’s liberty pursuant to section 672.81(2.1) of the Criminal Code. The issues to be determined at the hearing were whether both the initial and continuing restriction of Mr. Jenner’s liberties until his discharge from seclusion was the least onerous and least restrictive option available to the Hospital in all the circumstances.
Initial Positions of the Parties
[4]. At the commencement of the hearing the parties were requested to provide their initial, without prejudice, positions with respect to the issues before the Board. Counsel for the Hospital advised that it was the Hospital’s position that both the initial restriction of Mr. Jenner’s liberties on March 24th, 2026, and continuing restriction until April 6, 2026, were necessary and appropriate and the least restrictive option available to the Hospital in all the circumstances. Counsel for the Attorney General advised that she was supportive of the Hospital position in all particulars. Counsel for Mr. Jenner reserved his position pending hearing the evidence.
Evidence at the Hearing
[5]. The evidence at the hearing consisted of the Restriction of Liberty Report dated April 1, 2026, the Hospital Report dated November 12, 2025, and the oral evidence of Dr. Bouskill, Mr. Jenner’s most responsible physician.
Findings
[6]. For the Reasons that follow, the Board finds that both the initial restriction of Mr. Jenner’s liberties and the continuing restriction until his discharge from seclusion were necessary and appropriate and the least restrictive option available to the hospital and all the circumstances. The Board also finds that the current disposition continues to be appropriate.
Index Offence
[7]. The circumstances surrounding the index offence as summarized in the last year’s reasons for disposition are as follows:
On May 18, 2004, at approximately 1800 hours Chatham-Kent Police were dispatched to the Thames Lea Restaurant. They were met by the owner of the restaurant who stated that Mr. Jenner had locked himself in the bathroom and was refusing to leave. He was advised that he had to leave the restaurant forthwith otherwise the owner would be contacting police. When police arrived, they advised Mr. Jenner to depart and that he was not welcome back at the restaurant for any reason. A short time later police were again called and upon arriving at the restaurant met Mr. Jenner, who was standing just inside it. Mr. Jenner was then arrested for mischief as he was obstructing and interfering with the lawful use of enjoyment and the operation of the property at Thames Lea Restaurant. He was transported to police headquarters. Police had dealt with Mr. Jenner 39 times between December 2003 and the index offence regarding trespassing issues.
Background Information Regarding the Accused
[8]. As of the date of the hearing, Mr. Jenner was 40 years of age and is the elder of 2 brothers. His parents separated and his mother has since remarried. His mother experienced toxemia at his birth and he required a septic workup and oxygen and was briefly in an incubator. Although he denies any pattern of behavioural disturbance as a child, he has been described as irritable, defiant and argumentative. He did well in school in the earlier grades but only completed grade 8 and part of grade 9.
Psychiatric History
[9]. In April 2000 a counsellor contacted the Children’s Aid Society due to concerns with respect to the safety of Mr. Jenner’s mother and brother. In June 2000 his mother took him to hospital for an emergency assessment, and he was admitted to hospital for several weeks. He was diagnosed with obsessive-compulsive disorder (“OCD”) with poor insight. He denied any significant personal difficulties but was described as very anxious, rigid and argumentative. He adamantly refused any medication.
[10]. In May 2001 Mr. Jenner was again admitted to hospital as an involuntary patient under the provisions of the Mental Health Act. He was described as being suspicious, hostile and argumentative, displayed assaultive behaviour requiring seclusion or restraint and displayed inappropriate sexual behaviour by asking staff and other patients inappropriate sexual questions and undressing and masturbating in the quiet room. His discharge diagnosis was “severe obsessive-compulsive symptoms against the background of a specific personality development, which has been diagnosed as Asperger’s Syndrome.”
[11]. In March 2002 Mr. Jenner was again admitted to hospital and his thought process was noted to be disorganized with a variety of obsessions and compulsions. He refused to proceed with a formal assessment of his OCD symptoms. His discharge diagnosis was severe OCD and oppositional defiance disorder.
[12]. Later in 2002 Mr. Jenner was again admitted to hospital following his father’s attempted suicide. He was then transferred to the Mental Health Centre Penetanguishene (now Waypoint) with an expectation that he would only remain there for a short period of time until an appropriate group home could be found. However, arrangements for a group home did not materialize and he remained in hospital until January 2003. During the initial portion of his admission, he had almost daily seclusion and physical contact with staff members. His mental status improved with medication but all attempts to provide programming for Mr. Jenner failed “because of the patient’s oppositional defiant disorder.”
[13]. After discharge Mr. Jenner failed to follow through with treatment and support recommendations. He was again admitted to hospital for several days in November 2003 and was diagnosed with oppositional defiant disorder, OCD, unspecified personality disorder and possible mood disorder.
Current Diagnosis
[14]. Mr. Jenner’s current psychiatric diagnoses are Schizophrenia and severe OCD.
Current Psychiatric Medications
- Regular Medication
- Quetiapine 300 mg at 1200, 1700, 2100
- Haloperidol Decanoate 200 mg IM Q28 days
- Zopiclone 7.5 mg PO QHS
- PRN Medication
- Lorazepam 2 mg PO Q2H (maximum of 8 mg in 24 hours)
Legal History
[15]. Mr. Jenner involvement with the criminal justice system prior to the index offence is as follows:
[16]. Subsequent to the Index Offence on January 25, 2008, Mr. Jenner was charged with two counts of uttering threats to cause bodily harm in connection with statements made to staff at the then Regional Mental Health Care St. Thomas (now Southwest Centre for Mental Health Care). Those charges were stayed by the Crown on May 6, 2008.
Events Surrounding the Restriction of Liberty
[17]. The Restriction of Liberty Report (Exhibit 1) summarizes the circumstances surrounding the restriction of Liberty from March 24 until April 6 as follows:
On March 24, 2026, Mr. Jenner made repeated telephone calls to the security office. He became angry when restricted from future calls, yelled at the staff, and attempted to punch a staff member in the face. A Code White was initiated. Mr. Jenner was restrained and taken to his room.
Following the restraint, Mr. Jenner reported his nose was “partly broken.“ At approximately 16:20 hours, the on-call medical physician assessed him. Mr. Jenner was calm and cooperative. Minimal nasal deviation to the left was noted. His skin was intact, there were no signs of bleeding, no facial or nasal swelling or erythema, and his nasal passages were patent. Mr. Jenner was able to breathe through his nose and was not in obvious distress. The physician noted no evidence of acute nasal fracture.
Mr. Jenner was assessed for relief from seclusion daily. Relief periods were offered pending stability of his mental state and presentation. From March 25 to April 5, Mr. Jenner was offered relief nine times; he accepted all. For another four days, seclusion relief was unavailable due to operational requirements. Except when showering, Mr. Jenner initially wore wrist and waist restraints for relief periods. Four additional staff were present on the unit for relief periods. Mr. Jenner made phone calls, did laundry, and had snacks. At the 30-minute mark, co-patients were present on the unit. Mr. Jenner did not socialize with others.
At Waypoint, seclusion orders are reviewed daily. Further, secluded patients are seen by an independent psychiatrist (not the patient’s most responsible physician) for review at the 24-hour, 72-hour post-seclusion mark, seven days post-seclusion, and every 28 days thereafter. On March 25, the on-call psychiatrist conducting a 24-hour review of Mr. Jenner’s seclusion concluded that it remained necessary. Due to operational needs, Mr. Jenner was unable to participate in seclusion relief on this day.
From March 26 to 28, Mr. Jenner participated in seclusion relief daily, from 40 to 60 minutes. Mr. Jenner typically showered and made telephone calls. He was fixated on the staff and accused the staff of intentionally striking him in the face during the March 24 restraint.
On March 29, 2026, the staff contacted the on-call physician as Mr. Jenner reported ongoing nasal pain and swelling, and chest pain. On examination, Mr. Jenner had some linear bruising under his right eye and some leftward nasal septal deviation with minimal swelling. He was transported to the local hospital for imaging. He was diagnosed with a nondisplaced nasal bone fracture. There was no evidence of rib fractures. On March 30, Mr. Jenner was reluctant to speak with the assessing psychiatrist about the March 24 incident that resulted in seclusion. He was encouraged to continue with seclusion relief and speak with the staff. Mr. Jenner ordered a pizza for his seclusion relief period.
On March 31, a 72-hour seclusion assessment was completed. The assessing psychiatrist noted that Mr. Jenner was polite but not cooperative. He had progressed to the final step in his de-restraint plan. Unfortunately, seclusion relief was not available due to operational requirements on this day.
Mr. Jenner resumed seclusion relief on April 1, electing to shower (without restraints).
According to the social work note of April 2, 2026, Ms. Blondia reported that the virtual call with Mr. Jenner the prior evening was not a positive experience. Mr. Jenner demanded items and said that his brother and mother don’t care about him or do anything for him. Mr. Jenner’s family has weekly virtual visits and sends him requested items. Ms. Blondia will enquire about her son’s mental state before the in-person visit scheduled for April 5. Seclusion relief was not available due to operational requirements on April 2. Mr. Jenner was offered Easter treats but refused.
On April 3, Mr. Jenner participated in seclusion relief for 105 minutes. Throughout his seclusion, Mr. Jenner continued to express that “the patients and staff are out to get [him]” and working against him to “mess it up for [him]” (Clinical Note, April 3, 2026). He held firm in his belief despite assurances from the staff that no one was against him.
On April 4, seclusion relief was unavailable.
On April 5, Mr. Jenner was more sociable during seclusion relief and no longer required restraints. He participated in a second seclusion relief period to visit his mother and brother in the therapy room. He reported that he enjoyed the visit.
On April 6, Mr. Jenner’s seclusion was discontinued. When speaking with the staff about refraining from future assaultive behaviour, Mr. Jenner referenced his nasal fracture and stated, “I don’t think I am going to fight with anyone for a little bit.”
Evidence of Dr. Bouskill
[18]. Dr. Bouskill indicated that:
- Mr. Jenner suffered from schizophrenia and severe OCD which was partially treated by medication. He had a fluctuating history and rather difficult course since his arrival at Waypoint. His difficulties were largely driven by his symptoms including paranoia, delusions and misinterpretation of social clues. His treatment had also been complicated by fluctuating capacity to consent to treatment. When found capable he stops medications. He is currently incapable of consent to treatment which determination was upheld by the Consent and Capacity Review Board in November 2025. Mr. Jenner appealed that decision and proposed changes to his medication regime were not implemented until he abandoned his appeal in March of this year after which the medication changes were implemented with the consent of his Substitute Decision Maker (SDM), his mother.
- Prior to March 17, 2026, Mr. Jenner had obtained level C-3 which allowed him to go off unit independently but after the incident on March 17 described in the Restriction of Liberty Report he was returned to level 0 which did not allow for leaving the unit. Although Mr. Jenner suffered a “nondisplaced nasal bone fracture during that incident it occurred while he was punching and kicking at staff. She also noted that Mr. Jenner had suffered a previous self-inflicted nasal fracture.
- On March 22, 2026, Mr. Jenner refused his oral medication and on the 23rd his crisis prevention plan was updated, and de-escalation techniques were attempted.
- With respect to the incident leading up to his seclusion on March 24, she adopted the contents of the Restriction of Liberty Report. She noted that although Mr. Jenner attempted to punch a staff member in the face, he did not make contact. In her opinion seclusion was necessary in order to minimize the risk of imminent harm to either Mr. Jenner himself or others, particularly taking into account his aggression on March 24th, the prior incident of attempting to punch staff on March 17 and his continuing psychotic symptoms after that event.
- The difference between the situation on March 17 and March 24 to April 6 was Mr. Jenner’s level of distress, ongoing behaviour and lack of engagement.
- Seclusion until April 6 was required due to his initial unwillingness to engage, ongoing symptoms including verbal aggression, paranoia, and threats to harm himself and others. In addition, his mother reported on April 2 that a virtual call with her son the prior evening was not a positive experience and advised that prior to an in person visit scheduled for April 5 she would inquire with staff about her son’s mental status.
- Mr. Jenner was secluded in his own room, not in a seclusion suite.
Final Positions of the Parties
[19]. Both counsel for the Hospital and counsel for the Attorney General maintained their initial positions that both the initial and continuing restriction of Mr. Jenner’s liberties from March 24 to April 6, 2026, was necessary and appropriate in the least restrictive option available to the Hospital in all the circumstances.
[20]. Counsel for the Mr. Jenner advised that he was not conceding that the initial restriction of his clients liberties on March 24 was necessary and appropriate but advised that, even if that initial restriction was appropriate, it was no longer necessary and appropriate as of April 2.
Analysis and Conclusion
Initial Restriction
[21]. The Board unanimously finds that the initial restriction of Mr. Jenner’s liberties on March 24 was necessary and appropriate and the least restrictive option available to the Hospital in all the circumstances. Mr. Jenner has a significant history of assaultive behaviour when unwell, including assaults on family members and hospital staff. In the 2023 reporting year it was noted that Mr. Jenner had assaulted five individuals and attempted to assault eight more. In 2024 he assaulted three staff members who required emergency medical care and made detailed threats to kill and mutilate staff, particularly women on a regular basis as well as engaging in self-harm behaviours causing significant injury including a broken collarbone, fractured nose and lacerations requiring stitches.
[22]. On March 17, 2026, Mr. Jenner attempted to punch staff resulting in a Code White and attempted to punch and kick staff when being transferred to his room. In the days following that incident he continued to express persecutorial delusions, threatened to engage in self-harm, told staff to “stop tormenting [him] or there will be serious consequences” and refused oral medications on March 22.
[23]. On March 24, 2026, Mr. Jenner again attempted to punch a staff member in the face, resulting in another Code White and he was restrained and taken to his room. Given this second attempted assault on staff within a week, increase in the severity of symptoms of his illness, refusal to accept medication and history of assaultive behaviour, the Board finds that at that time there was a significant potential for physical and/or psychological harm to others as well as Mr. Jenner himself and seclusion was appropriate to prevent such harm.
Continuing Restriction of Liberty Until April 6
[24]. The Board accepts Doctor Bouskill’s evidence with respect to Mr. Jenner’s lack of engagement and significant symptoms of his illness after his initial seclusion on March 24. We do also note her evidence that after April 2, there was no further verbal or attempted physical aggression, but also take into account information received by Hospital staff from family expressing concerns about Mr. Jenner’s mental state, particularly given an in-person family visit scheduled for April 5 as well in his continued paranoid beliefs that staff were out to get him. By April 5 Mr. Jenner’s mental state had improved, the visit with family on that date went well and he was discharged from seclusion on the following day. Given all of those circumstances, the Board also unanimously finds that the continued seclusion up until April 6 was also necessary and appropriate.
DATED this 3rd day of June 2026, at the City of Toronto, in the Toronto Region.
Mr. R. Bigelow Alternate Chairperson
Office of the Registrar Ontario Review Board