Re: David Russell Jardine, 2026 CanLII 53902

Ontario Review Board

Re: David Russell Jardine

ORB File No: 6654

Hearing held on: April 10, 2026

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby, Ontario

Pursuant to: Section 672.81(2) of the Criminal Code

Before:

Alternate Chairperson: Mr. J Weinstein Members: Dr. K. Hand Dr. M. Kalia Hon. A. Sosna Mr. J. Cyr

Parties Appearing:

Accused: David Jardine Counsel: Mr. M. Schloss

The Person in charge of hospital: Counsel: Mr. K. Dow

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated: June 2, 2026)

Introduction:

1. On October 22, 2014, Mr. Jardine was found not criminally responsible on account of a mental disorder (NCR) on charges of Robbery with Violence, Theft under $5,000 and Breach of Section 810 Recognizance, all under the Criminal Code of Canada

2. He is currently under the jurisdiction of the Ontario Review Board (“ORB”) at the Ontario Shores Centre for Mental Health Sciences, 700 Gordon Street, Whitby, Ontario (“Ontario Shores”). His annual ORB hearing was last held On January 13, 2026; the outcome was a Conditional Discharge dated February 23, 2026.

3. Mr. Jardine is currently an outpatient with the Forensic Outpatient Service (FOS). Pursuant to term 1. (a) of the February 23, 2026 Disposition, Mr. Jardine is to reside at Skene House, 611 Kent St., Whitby, ON.

4. On April 10, 2026, a panel of the ORB convened an early hearing pursuant to s. 672.81(2) of the Criminal Code to amend term 1. (a) of the present Disposition to reflect a change to Mr. Jardine’s approved housing address. The basis for change to the approved housing term will be detailed below.

5. Mr. Jardine attended the hearing and was represented by counsel, Mr. M. Schloss.

6. Dr. Andrew Wang testified at the hearing. He has been Mr. Jardine’s out-patient psychiatrist since Mr. Jardine was discharged to the community on September 13, 2023.

7. Introduced into evidence is Exhibit 1, the Addendum to The Hospital Report to The Ontario Review Board dated December16, 2025, the (“December 16, 2025 ORB Addendum”). Dr. Wang adopted the contents of the Report.

8. The issue to be determined at this hearing is, given the proposed change to Mr. Jardine’s approved housing residence, would the residence change continue to pose a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. 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.

Initial Position of the Parties:

9. At the outset of the proceedings, all parties were canvassed as to their positions.

10. Counsel for the Hospital, counsel for the Attorney General, and counsel for Mr. Jardine jointly supported the proposed change to Mr. Jardine’s approved residence. All other terms in the present Disposition are to remain intact.

11. For the reasons that follow, the panel finds the proposed change does not represent an increase in significant threat to the safety of the public, and the necessary, least restrictive, and appropriate Disposition in the present circumstances is to grant the amendment sought.

Current Psychiatric Diagnosis:

12. Schizoaffective Disorder, Bipolar Subtype

Substance Use Disorder (primarily cannabis, remote history of alcohol abuse) in sustained remission

Antisocial Personality Traits

Background:

13. Mr. Jardine’s personal, criminal and psychiatric history is set out in paras 12-18 in the Reasons for Disposition dated February 23, 2026 and will not be repeated in detail.

14. In summary, he is 40 years old, single, and has no dependants. At age 15, he was asked to leave his parents home because of drug use. Subsequently, he lived in shelters and other transient housing but was often kicked out because of drug use and difficult behaviours. He was homeless at the time of the index offences. Mr. Jardine has a significant history of substance abuse.

15. Mr. Jardine’s psychiatric history dates back to age 6 when he was diagnosed with Generalized Anxiety Disorder, Obsessive Compulsive Disorder, Oppositional Defiant Disorder and Conduct Disorder. He had hospital admissions in 2002, 2005, 2013 and 2014. In 2014, he exhibited paranoid, grandiose, and bizarre behaviours. He was hospitalized for a few months prior to the commission the index offences in 2014.

16. As previously reviewed, Mr. Jardine was found NCR on October 22, 2014 on account of a mental disorder. On August 8, 2017, Mr. Jardine was transferred to Ontario Shores pursuant to a Disposition dated January 31, 2017.

17. Mr. Jardine has a lengthy criminal offence history from 2007-2014 with convictions, amongst others, for Assault Peace Officer, Mischief, Uttering threats, Breaches of Recognizance, Breaches of Probation, Invitation to Sexual Touching under16 years of age, and Communicate for Purposes of Prostitution.

Evidence at Hearing:

18. The February 23, 2026 Reasons for Disposition noted that Mr. Jardine was then resident at Skene House within the Durham Mental Health Services Program, which provided high-support housing, 24-hour supervision and oversight. Skene House is transitional housing, and the intention of the housing providers is to move its residents on to more permanent housing.

19. At the annual January 13, 2026 review, Dr. Wang testified that Mr. Jardine’s current housing provider had recommended that he be transitioned to more permanent housing. He testified that Mr. Jardine would be assessed in the near future regarding his suitability and readiness for transitioning to permanent housing under the auspices of the Community Homes for Opportunity program (“CHO”).

20. At the annual January 13, 2026 review, Dr. Wang testified that, if Mr. Jardine’s current residence (Skene House) were identified in a Conditional Discharge Disposition, and Mr. Jardine were accepted to be transitioned to a more permanent community residence over the coming year, the hospital would call for an early ORB hearing to amend the residency condition to specify his new proposed housing placement.

21. Dr. Wang’s evidence accords with the present request to amend the residency term in the present Disposition. Exhibit 1, the December 16, 2025 ORB Addendum reads, in part,

…Skene House is meant to be transitional housing and at the time of the hearing, Mr. Jardine was being considered for a different housing that is permanent in nature, and it was unclear whether he would be accepted. Since the hearing he has been formally accepted to this residence. This residence, Home on the Rouge, is a Community Homes for Opportunity (CHO) group home operated by the Canadian Mental Health Association (CMHA) in Scarborough. This is a 24/7 staffed group home, where other individuals with mental health challenges reside and receive support, supervision, and medication administration. Additionally, the home recently suffered some damage and is undergoing some construction for repairs, so Mr. Jardine would only be able to move once these renovations are complete. The home has confirmed that they will hold the available bed for him, though his Disposition will also need to be updated in the meantime to allow for this move.

22. As noted in the December 16, 2025 ORB Addendum, the hospital is recommending that Mr. Jardine’s Disposition be updated to allow for this change. In residence by changing condition 1. (a) to read: “reside at Skene House at 611 Kent St. Whitby, ON, until such time as he can be transferred to Home on the Rouge at 10126 Sheppard Avenue East, Scarborough, ON.

23. When he testified at the January 13, 2026 Disposition hearing, Dr. Wang was uncertain how Mr. Jardine would react to the stressor of changing residences and dealing with new housing providers and new co-residents. When questioned at the present hearing, whether the planned move to Home on the Rouge would impact Mr. Jardine’s risk to the public in any material way, Dr. Wang replied, “I don’t believe it would”. Dr. Wang’s evidence was not challenged.

Findings and Conclusion:

24. In the Reasons for Disposition dated February 23, 2026, the panel determined that Mr. Jardine’s risk to the public can be safely managed under a less restrictive Conditional Discharge. When Mr. Jardine was resident in high support transitional housing at Skene House, the panel found that he had continued to progress over the past reporting year in several key areas.

25. In the present hearing, there is no evidence to suggest that Mr. Jardine’s progress will not continue, particularly when he is eventually transitioned to equally high support but permanent housing provided at Home on the Rouge. As such, the panel finds that transitioning to Home on the Rouge does not pose a significant threat to public safety.

26. As noted in the December 16, 2025 ORB Addendum, although an available bed has been set aside for Mr. Jardine at Home on the Rouge, pending completion of ongoing renovations at the group home, the panel agrees with the Hospital’s recommendation that that term 1. (a) in Mr. Jardine’s Disposition be amended to read “reside at Skene House at 611 Kent St., Whitby, ON, until such time as he can be transferred to Home on the Rouge at 10126 Sheppard Avenue East, Scarborough, ON”. All other terms in the present Disposition remain intact.

DATED this 2nd day of June 2026, at the City of Toronto, in the Toronto Region.

Alexander Sosna

Legal Member

Office of the Registrar

Ontario Review Board