Re: Ray Newell
ORB File No: 6772
Hearing held on: Wednesday, May 13, 2026
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th^ Campus 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: Ray Newell Counsel: Mr. J. Chrolavicius
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated June 4, 2026)
Introduction:
On April 27, 2015, Ray Newell was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault with a weapon, using imitation firearm in commission of offence, and failure to comply with condition of judicial release (x2), contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated June 2, 2025, whereby he is detained at the Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton, West 5^th^ Campus (“SJHCH” or the “hospital”) with privileges up to and including community living in Southern Ontario in approved accommodation. He is also prohibited from using substances, possessing weapons, and contacting certain individuals.
On May 13, 2026, a panel of the Board convened at SJHCH to conduct Mr. Newell’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Newell attended the hearing and was represented by counsel, Mr. Chrolavicius.
The Hospital Report dated April 10, 2026, was marked as Exhibit 1. In addition to the documentary evidence, Mr. Newell’s attending psychiatrist, Dr. Olubukola Kolawole gave oral evidence. Mr. Newell also gave brief oral evidence.
The issues to be decided at the hearing were whether Mr. Newell 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, Ms. Barney took the position that Mr. Newell 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. Gzik and Mr. Chrolavicius supported the position of the hospital on behalf of the Attorney General and Mr. Newell respectively. All parties maintained the joint position in closing submissions.
Findings:
- For the reasons that follow, the panel found that Mr. Newell 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 Offences:
- The circumstances of the index offences are set out in the Hospital Report at pages 4-5 and were summarized in last year’s Reasons for Disposition (“Reasons”) as follows. On August 4, 2014 at 12:01 a.m., Mr. Newell ran up to a group of five people and displayed a black imitation firearm. He pressed it firmly against the neck of the first victim and directed the group to drop everything they had. He pointed the imitation firearm at the second victim and stole her cell phone after she dropped it. Mr. Newell then discharged the imitation firearm, and one of the several pellets struck the second victim in the left upper arm causing her to suffer minor bruising. It was determined that Mr. Newell was at large on a recognizance, and failed to comply with a condition that he remain in his residence daily between the hours of 10:00 p.m. and 6:00 a.m. except in the presence of his surety or brother.
Background:
Mr. Newell’s personal history is outlined in the Hospital Report in detail and was summarized by this writer in last year’s Reasons as follows. Mr. Newell is a 45-year-old man who was born in Jamaica. He is the middle of three children. He came to Canada when he was approximately one year old with his mother and brother, and grew up in Brampton. He has a younger sister who was born in Toronto. Mr. Newell’s parents divorced when he was a child and his father remarried.
Mr. Newell completed high school, as well as two years at Sheridan College. He transferred to York University, but dropped out soon after when he started experiencing symptoms of his mental illness. Mr. Newell worked as a security guard and a model, but has not worked since 2001. He is supported by the Ontario Disability Support Program.
Mr. Newell has a history of substance use. He reported using marijuana daily since he was a teenager.
Mr. Newell was living with his mother and brother at the time of the index offences; however, his brother was away for work frequently. In the days and weeks before the index offences, Mr. Newell was responding to voices and was disorganized. His mother had tried to get him seen by a mental health professional without success.
Mr. Newell has a son who was born in December 2020 and lives with Mr. Newell’s mother. His son’s mother died of an accidental overdose in November 2021.
Criminal History:
Mr. Newell’s criminal history is set out in the Hospital Report at page 10, and can be summarized as follows. Mr. Newell had a criminal record for offences that occurred between 2006 and 2007 which included convictions for break and enter with intent, use of weapon during commission of indictable offence, dangerous operation of motor vehicle, flight while pursued by police officer, unauthorized possession of a weapon in a motor vehicle, possession of a weapon, fail to appear, assault causing bodily harm. Mr. Newell also had an outstanding charge of theft under and assault from 2013.
In 2020, while living in the community under the jurisdiction of the ORB, he was charged with assault following a domestic incident with his partner. He was convicted of this offence on October 22, 2020, granted a Conditional Release with the stipulation that he reside at the hospital, and sentenced to a term of probation.
Psychiatric History:
The Hospital Report outlines Mr. Newell’s psychiatric history both before and after the index offences and was summarized by this writer in last year’s Reasons as follows. Mr. Newell was admitted to hospital in June 2004 and was diagnosed with “Schizophreniform Disorder/Delusional Disorder.” He was noncompliant with medication after this. He subsequently received outpatient psychiatric follow-up through the Centre for Addiction and Mental Health (“CAMH”) in 2008, and then through the North Halton Mental Health Outpatient Clinic. However, he stopped attending appointments and taking antipsychotic medication around 2013.
Following the NCR finding, Mr. Newell was detained at SJHCH. He initially experienced auditory hallucinations and paranoid delusions. His behaviour was described as unpredictable and he had poor insight. He completed substance use programming, and his mother became an Approved Person in 2015. By 2017, Mr. Newell was doing better. He was compliant with medication, was cooperative with the treatment team, had successful visits with his mother, and his urine drug screens were consistently negative. He received a long-acting injectable antipsychotic medication and self-administered his oral medication.
Between April 2018 and July 2020, Mr. Newell had three periods of time when he was living in the community. Between April 2018 and June 2018, and then again between September 2018 and April 2019, Mr. Newell lived in an independent apartment. He was readmitted to hospital following two positive drug tests for cocaine and for breach of his Disposition. Mr. Newell was then discharged to live at Emmaus Place in January 2020, but was readmitted to hospital following an assault charge against his girlfriend in July 2020. He has been an inpatient at SJHCH since that time.
The Hospital Report included details about three times when Mr. Newell absconded from hospital. In July 2021, he absconded while on a pass and was at large for approximately three weeks. He was arrested in Montreal and tested positive for cannabis. In August and September 2022, Mr. Newell did not return from a pass and used substances. He was charged with being unlawfully at large. Mr. Newell absconded from hospital again in May 2024 after his ORB hearing. He used cannabis and crystal methamphetamine. He was picked up by the police the next morning and was in police custody for one night before he was returned to the hospital. Mr. Newell was again charged with being unlawfully at large.
Mr. Newell had numerous positive tests for substances in recent years and his privileges were frequently cancelled as a result. He endorsed having auditory hallucinations at times, which make mean and disparaging remarks towards him and cause him stress. He also expressed paranoid delusions, and on several occasions was found masturbating in his bedroom during clinical monitoring. He has also damaged hospital property.
Mr. Newell’s current diagnoses are Schizophrenia and Polysubstance Use Disorder. He is capable of consenting to treatment and managing his finances.
Evidence at the Hearing:
The Hospital Report stated that Mr. Newell is independent in his activities of daily living and is pleasant and polite. He is compliant with both oral and long-acting injectable antipsychotic medication, and has demonstrated partial stability with some ongoing residual symptoms. Mr. Newell is able to endorse when he is having auditory, visual or sensory hallucinations, and is able to inform staff when he is having difficulties, or his auditory hallucinations become overwhelming. Mr. Newell has expressed paranoid delusions where he feels that people are stalking him. There have also been times where Mr. Newell was found masturbating in his bedroom during clinical monitoring. Mr. Newell continues to display minimal insight into his mental illness and substance use.
Mr. Newell continues to have the strong support of his mother, who has custody of his 5-year-old son. Mr. Newell’s mother has decided to stay in Canada, rather than go to Jamaica, and Mr. Newell has gradually spent more time with her and his son. He is able to stay 24 hours a week with them within the confines of what his mother is able to accommodate, and he reports having good experiences. Mr. Newell was also able to go on a 7-day Christmas pass that went well. The Hospital Report noted that Mr. Newell must work on maintaining his privileges so that he can have consistent time to spend with his mother and son.
The Hospital Report stated the following about Mr. Newell’s continued substance use (at page 75):
“A significant ongoing dynamic risk factor is Mr. Newell’s continued substance use. During the reporting period, he has been unable to maintain abstinence and has had multiple positive urine drug screens for cannabis, resulting in repeated loss of privileges. He has acknowledged that cannabis worsening hallucinations and has described using substances out of boredom despite awareness of negative consequences. Substance use continues to represent a major barrier to rehabilitation and risk reduction.”
Mr. Newell remains on two waiting lists for 24-hour supervised accommodation. He was placed on those waitlists in 2022.
The Hospital Report stated that Mr. Newell continues to meet the threshold for significant threat. The Forensic Risk Formulation included the following comments about Mr. Newell’s risk and the likely risk scenario (at page 77):
“Mr. Newell’s risk is driven by a chronic psychotic disorder, comorbid substance use, limited insight, and a history of serious violent offending. During the current reporting period, he has demonstrated partial clinical stability with preserved functioning and medication adherence. However, this stability is undermined by ongoing substance use, persistent psychotic symptoms, and continued need for external structure.
The most likely risk scenario involves continued substance use and/or reduction in supervision, leading to worsening psychosis, increased paranoia, impaired judgment, and behavioural dysregulation. In such a context, the risk of reoffending would increase, potentially to a level comparable to the index offences. At present, these risks are contained within the structured inpatient forensic setting, but are not sufficiently mitigated to permit a less restrictive disposition.”
Dr. Kolawole testified that he has been Mr. Newell’s attending psychiatrist for approximately 10 years. He described Mr. Newell as having a “mixed year” with some progress and some setbacks, as outlined in the Hospital Report. Mr. Newell has had extended periods when he is stable and uses privileges appropriately. However, he has also engaged in recurrent cannabis use (as well as methamphetamine on two occasions) which has a direct acute impact on his mental health. Substance use causes changes in his mental status, even with a single use. This has led to repeated loss of privileges and limits his progress within the forensic system.
Dr. Kolawole explained that while Mr. Newell is optimally treated with medication, his substance use worsens his residual symptoms and leads to restriction of privileges. This in turn leads to increased stress and frustration for Mr. Newell. Dr. Kolawole described this as a “vicious cycle.”
When asked whether Mr. Newell would be ready for discharge if a bed become available, Dr. Kolawole stated that an extended period of time with no substance use would be required. Mr. Newell would then likely be ready to gradually transition to 24-hour per day supervised accommodation as a first step. Dr. Kolawole noted that Mr. Newell had achieved this in the past, so he remains optimistic. However, Dr. Kolawole emphasized that abstinence from substance use is very important because he could lose his housing if he was discharged to the community and continued to use (as happened in the past).
In response to questions from Mr. Chrolavicius about Mr. Newell’s wish to obtain employment and market rent accommodation, Dr. Kolawole stated that the vocational therapy team has been very involved with Mr. Newell with education and developing skills (including resumé preparation); however, Mr. Newell has made little progress so far (pages 72-73 of the Hospital Report were cited).
Mr. Newell testified that he wants to work and get his own place so that he can get out of the hospital sooner. He also stated that he never uses cannabis when he visits his son.
Analysis and Conclusions:
Based on the Hospital Report and the evidence of Dr. Kolawole, the panel concluded that there was clear evidence that Mr. Newell remains a significant threat to public safety. The panel adopted the reasoning as described by this writer in last year’s Reasons as follows. Mr. Newell has a persistent mental illness with residual symptoms, as well as a substance use disorder. He has a significant history of criminal activities in the community, and was convicted of assault while subject to the jurisdiction of the ORB and living in the community. Mr. Newell has been unable to abstain from substance use both while in the community and in the hospital, and he continues to break hospital rules. The panel accepted the treatment team’s opinion that without the supervision and support of the forensic system, Mr. Newell would be at high risk of medication noncompliance, increased substance use, and an acute deterioration of his mental health. This would likely lead to criminal behaviour that would harm members of the public either physically or psychologically.
The panel concluded that a continuation of the existing Detention Order was necessary and appropriate, and the least onerous and least restrictive Disposition for Mr. Newell at this time. The hospital requires the ability to approve Mr. Newell’s housing and return him to the hospital quickly in order to manage his risk to the public. Mr. Newell would prefer to live in independent housing; however, multiple attempts at discharging him to the community in the past failed. He will require 24-hour per day supervised accommodation as a first step in light of his history, residual symptoms, substance use, and elopements. The hospital also requires the ability to return Mr. Newell to hospital if he were to become medication nonadherent, use substances, or decompensate in the community.
The panel understands Mr. Newell’s frustration with the length of waitlists for housing, and hopes that a bed becomes available in the upcoming year. Having said that, Mr. Newell will have to have a period of stability and abstinence from substances prior to any discharge to the community. Mr. Newell is encouraged to continue his engagement with the various members of the treatment team, and work towards reintegration into the community by following the rules and further developing his skills.
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