Re: Maria Maggiore
ORB File No: 8985
Hearing held on: Tuesday, May 5, 2026
Place of Hearing: Centre for Addiction and Mental Health
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. G. Beasley
Members: Dr. Y. Alatishe
Dr. L. Leong
Ms. J. Ferguson
Mr. W. Apted
Parties Appearing:
Accused: Maria Maggiore
Counsel: Ms. C. Whillier
The person in charge of hospital: Counsel: Ms. G. Meaney, student-at-law
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated June 3, 2026)
Introduction:
Ms. Maggiore was admitted to the General Forensic Unit of the Centre for Addiction and Mental Health (“CAMH” or the “hospital”) on January 21, 2026, pursuant to a sixty-day treatment order. On March 18, 2026, Maria Maggiore was found unfit to stand trial on account of mental disorder (“UNFIT”) on a charge of assault causing bodily harm contrary to the Criminal Code of Canada (“Criminal Code”). This is Ms. Maggiore’s initial hearing before the Ontario Review Board (“ORB” or the "Board").
On May 5, 2026, a panel of the ORB convened to hold a hearing to determine Ms. Maggiore’s fitness to stand trial pursuant to sections 672.47(1) and 672.48(1) of the Criminal Code. Ms. Maggiore was present at the hearing and was represented by her counsel, Ms. Whillier.
The issues to be considered at this hearing are whether Ms. Maggiore is fit to stand trial, and, if she is found to be fit to stand trial, she will return to court on the issue of her fitness, and if the court found her fit, to stand trial on the charges she faces. However, if the Board finds Ms. Maggiore unfit, to make a determination of the necessary and appropriate disposition in the circumstances bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below, this Board has concluded that Ms. Maggiore continues to be unfit to stand trial. It is our view that the necessary and appropriate disposition is that Ms. Maggiore be detained at CAMH on the terms and conditions as are set forth in the Disposition.
Alleged Index Offences:
- The circumstances giving rise to the index offences of August 25, 2025, are extracted from the Hospital Report to the ORB dated April 8, 2026 (the “Hospital Report”), as follows:
The victim and accused were previously married but divorced in 2006. They share two adult sons together. The victim was allowing the accused sleep at his apartment but she would sleep in the victim's motor vehicle due to her mental illness. The victim suffers from multiple personality disorder and paranoid schizophrenia according to CAMH.
On Monday August 25, 2025 the victim and accused became involved in a verbal dispute over the accused running the victim's truck until the battery had died. Sometime during the heated argument, the accused removed a large butcher style knife from her purse and swung it at him. The victim was able to avoid the initial stabbing attempt but was chased by the accused.
The accused was able to chase down the victim and stab the victim in his back. The victim suffered a small puncture wound to the back. The victim flagged down a passing by ambulance who transported him to Sunnybrook Hospital for emergency medical care. Toronto Police located the accused nearby and placed her under arrest for this matter. She was provided with rights to counsel and cautioned. The accused was subsequently transported to 32 Division for a show cause hearing.
Background:
- Ms. Maggiore is a 56-year-old divorced female, with two adult sons. She is a Canadian citizen. She was incarcerated at Vanier Centre for Women. Prior to her incarceration she lived with her ex-husband in downtown Toronto. Ms. Maggiore was admitted to the Forensic Assessment and Triage Unit (“ATU”) at the Centre for Addiction and Mental Health (“CAMH”) on January 21, 2026, pursuant to a 60-day Treatment Order dated December 9, 2025, after having been found unfit to stand trial. She remained unfit to stand trial and was later placed on a Warrant of Committal – Unfit, dated March 18, 2026. Her admission has since continued under a WOC-unfit, pending an initial ORB hearing. No legal information or past criminal record available on file.
Psychiatric Diagnoses:
- The Hospital Report dated April 8, 2026, sets out the following with respect to Ms. Maggiore’s psychiatric diagnoses:
Based on the available information, Ms. Maggiore likely meets criteria for a diagnosis of Delusional Disorder. Delusional Disorder is distinguished from Schizophrenia by the presence of delusions without other associated features of psychosis seen in Schizophrenia such as grossly disorganized speech or behaviour, more prominent perceptual disturbances that are not necessarily related are not necessarily related to the delusional theme, and markedly impaired functioning. Per collateral history Ms. Maggiore had previously experienced auditory hallucinations although this alone would not exclude a diagnosis of Delusional Disorder as auditory hallucinations can be associated with Delusional Disorder so long as they are related to the delusional theme. During the present admission she continued to exhibit symptoms of psychosis with ongoing delusional beliefs despite treatment with antipsychotic medication. There had been some moderate disorganization in her thought process although this can be understood in the context of her wide-ranging delusional system and her thought process impressed as organized when discussing non-delusional content. She did not present with any other features of psychosis and did not demonstrate odd or bizarre behaviour. Notably delusional beliefs tend to be more resistant to treatment in those with Delusional Disorder compared to those with Schizophrenia. At this time, a diagnosis of Delusional Disorder is favoured, noting that Ms. Maggiore had been diagnosed with Schizophrenia during prior psychiatric admissions and this diagnosis remains to be definitively ruled out.
Initial Submissions:
- Ms. Meaney, on behalf of the hospital took the position that Ms. Maggiore remains unfit to stand trial and is seeking a detention order with conditions as outlined in the Hospital Report. Mr. Brandes, on behalf of the Attorney General agreed with the hospital’s position. Ms. Whillier, counsel for Ms. Maggiore, indicated that Ms. Maggiore is seeking a finding that she is fit to stand trial and that if she is found unfit, she was not taking another position.
Evidence:
The evidence led at the hearing was the Hospital Report dated April 8, 2026, and the oral evidence of Dr. Kung, her primary treating psychiatrist.
The Hospital Report dated April 8, 2026, concluded that, on a balance of probabilities, Ms. Maggiore presents as unfit to stand trial from a psychiatric perspective and included the following evidence with respect to fitness.
Fitness Assessment February 18, 2026:
Ms. Maggiore’s fitness to stand trial was assessed on February 18, 2026. At the time her mental status appeared to be at her baseline. She was able to answer the Taylor Test questions with ease. She stated her charges were “assault bodily harm.” She stated the judge “ensures the rules in court are followed; comes to decisions” and the crown attorney is “supposed to represent the crown.” She stated the defense lawyer is “supposed to defend me” and an oath was “to tell the truth.” She knew her plea options were “guilty or not guilty” and if guilty “there are consequences, for example jail” and if not guilty, “the charges are removed, I get to fly home.” It was opined that she was fit to stand trial from a psychiatric perspective, however upon her return to Court on February 24, 2026, the Court continued to have concerns around her fitness and she was ordered to complete the remainder of her Treatment Order.
Unfortunately, the prolonged admission appeared to further destabilize Ms. Maggiore. Though previously at her baseline, following the last Court hearing, she became more preoccupied about the injustice of being held in hospital, and her delusions gradually became more prominent, and she was more difficult to redirect.
Fitness Assessment March 3, 2026:
On March 3, 2026, she continued to be able to answer the Taylor Test questions, however appeared more disorganized and spoke more forcefully about being the “Crown” and the “Maker of the Universe.” She was fixated on getting her “immunity paperwork” so that she would not have to attend Court and despite phone restrictions, she was caught using the phone to inappropriately place calls to a deputy at a police station and filled the voicemail of this individual. When she was advised to stop calling this deputy, she insisted that she wasn’t calling him, but rather “the crown immunity office” and then quickly incorporated the officer into her delusional system. Ms. Maggiore stated, “I’m the maker of the Courts and treasures. You’re talking to the director of Court. What they’re doing is all illegal. When I say I’m a Crown, you let go of the Crown. When I request a royal prerogative of crowns, when I request immunity, it can’t get denied.”
Fitness Assessment March 11, 2026:
Ms. Maggiore was seen on March 11, 2026. She was able to answer the standard fitness questions. When asked of the charges she stated, “assault bodily harm.” She stated the judge “follows the rules of the court; comes to a fair decision.” She stated the crown attorney “is to represent the Crown, they work as prosecution.” She stated the defense lawyer’s job is “to defend me and protect me, but he hasn’t been doing that.” She knew the meaning of an oath and perjury. She was aware of the available pleas and consequences. Ms. Maggiore continued to speak about being “the Maker of the Earth.” She remained preoccupied around “crown immunity documents” and “free pardons.” She spoke about her delusional beliefs around “humanoid and femnoids” and being attacked by “speakies.” When attempts were made to discuss her mental health and diagnosis, she became upset and more disorganized.
Fitness Assessment March 13, 2026:
Ms. Maggiore was seen in follow-up on March 13, 2026. She continued to voice that she was the “Maker of the Universe” and the “Crown Sovereign” and that it was “illegal against the law to arrest the Crown.” She stated, “I’m above Crown, judge, my identity…” She was able to answer most of the Taylor Test questions. However, given the fluctuating nature of her fitness, and worsening preoccupation around her delusions, it was determined that she was unfit to stand trial, from a psychiatric perspective. Following this, a second antipsychotic, olanzapine 10mg orally at night, was initiated.
Return to Court March 18, 2026:
Ms. Maggiore returned to Court on March 18, 2026. She continued to have difficulties in Court and remained delusional and paranoid around her legal circumstances. She was found to be still unfit to stand trial and was placed on a Warrant of Committal-Unfit.
Fitness Assessment March 20, 2026:
Given the change in her legal status and the end of her treatment order, a full capacity assessment was conducted on March 20, 2026. Ms. Maggiore continued to disagree with her diagnosis of a mental disorder (psychosis/delusional disorder). She disagreed that she had any sort of a mental disorder. When asked how these medications related to the diagnosis, she could not apply it to her own situation. She was preoccupied about the foreign object in her abdomen and believed the medications (including antipsychotics) were helping to dissolve the device’s battery acid. Furthermore, when asked in detail what would happen if she were to stop taking medication, she stated nothing would change. She was unable to appreciate the foreseeable consequences of taking antipsychotic or lack of taking antipsychotic medication.
Consent and Capacity Board Hearing March 30, 2026:
A Consent and Capacity Board Hearing (CCB) was held on March 30, 2026. During the hearing, Ms. Maggiore was able to remain calm and settled, however when it was her turn to speak, she was tangential and preoccupied around her complex delusions. She made comments such as “I’m a Crown. I’m an Empress. I’m the Maker of the Universe. That is not a delusion. I’ve been Prime Minister of Canada. I’ve been Prime Minister of America. The United Canada has been closed down. We’ve gone into dissolution and we have to do some orbital earth changes.” She continued to state “I’ve been attacked by “speakies.” They're an orangutang gang. They are orangutangs that have turned into humanoids that have been killing crowns and crown sovereigns. And who attacked me is an orangutang turned into humanoid...he's a 6ft tall young man, and this false Dino Williams has been using his identity. When we checked the DNA of this orangutang, it's extremely smart..." The CCB ultimately upheld the finding of incapacity and Ms. Maggiore was found incapable of consenting to both antipsychotic and mood stabilizing medication. Ms. Maggiore’s sister, Lisa Maggiore, had acted as substitute decision maker (SDM) in the past, and was agreeable to resume the role. Ms. Maggiore was started on her previous combination of paliperidone and olanzapine, which has since been gradually titrated.
Since her CCB hearing, Ms. Maggiore has remained unfit to stand trial, from a psychiatric perspective. She maintained that she was being held and abducted illegally. She continued to believe that the crown attorneys in Court should be representing her since she was the Crown sovereign. With longer discussions, Ms. Maggiore has proven to become tangential and sometimes disorganized, requiring repetitive attempts to redirect her and focus on the subject at hand.
Fitness Assessment April 8, 2026:
Ms. Maggiore’s fitness to stand trial was assessed longitudinally during this admission. The last attempt at a fitness assessment was on April 8, 2026. Her answers were as follows:
Charges: "Assault Bodily Harm" Judge: “he’s supposed to come to a fair decision” Crown attorney: “to represent the Crown; the main Crown, the Eldest Crown from here; however they are wrong in this situation” Defense lawyer: “defend me however he’s a gang member” Oath: “to tell the truth” Perjury: “falsification” Pleas: “guilty or not guilty” Consequences: If guilty, “jail time”, if not guilty, “they get to be let go”
I note that Ms. Maggiore was found fit to stand trial during her last treatment order in December 2025. Her presentation initially during this admission had appeared similar, however, prolonged admission appears to be causing increased stress leading to further decompensation. Despite Ms. Maggiore being able to answer the majority of Taylor Test questions, her fitness appears to be fluctuating in nature, and of late, she has been more preoccupied around her delusions of being “the Crown,” “The Maker of the Universe” and being illegally prosecuted. While some of these delusions likely are chronic in nature, she has been more fixated on them and in turn more disorganized, paranoid, and difficult to redirect. Ms. Maggiore would be unable to appropriately participate in the proceedings including communicate with counsel due to the burden of her psychotic symptoms.
Dr. Kung testified that she has been treating Ms. Maggiore since her admission to CAMH on January 21, 2026. Dr. Kung gave evidence that there were no updates since the Hospital Report was prepared and that Ms. Maggiore’s mental status remained largely the same as set out in the Report. Dr. Kung testified that Ms. Maggiore was on two oral medications, but she discontinued the Olanzapine and that Ms. Maggiore disagrees with the diagnosis of delusions disorder and thinks she doesn’t need help. She is currently receiving paliperidone only. Ms. Maggiore remains reactive to people who bother her or intrude in her space. Since Dr. Kung began caring for her Ms. Maggiore has been verbally abusive on one occasion but otherwise hasn’t presented a management issue, is typically polite and pleasant to deal with. Dr. Kung gave evidence that Ms. Maggiore is actively psychotic with complex delusions as set out in the Hospital Report. Ms. Maggiore believes she is the “Crown Empress” and the “Maker of the Universe” and that the criminal charges against her are false and that she was actually the victim of an assault. Dr. Kung testified that Ms. Maggiore endorses that she was attacked by non-humanoid creatures and that her delusions remain quite fixed and haven’t changed over time.
With respect to Ms. Maggiore’s fitness to stand trial, Dr. Kung testified that her last fitness assessment was the morning of the hearing when they went over the Taylor test questions. Dr. Kung gave evidence that Ms. Maggiore can answer the Taylor test questions in a superficial manner quite well, but that her understanding of the legal proceedings in not based in reality, especially with respect to the role of the Crown Attorney, as Ms. Maggiore believes that the Crown is there to represent the Crown and as she is a “Crown”, they have no right to prosecute her. Dr. Kung added that these delusions overwhelm Ms. Maggiore and preoccupy her and affect her ability to be in a reality-based courtroom and her ability to instruct counsel. Dr. Kung testified that Ms. Maggiore presents as eloquent and says she wants to be discharged as she thinks she is fit to stand trial, but her understanding of the proceedings is not based in reality. These delusions would make it very difficult for her to communicate with and instruct counsel.
Dr. Kung testified with respect to the sixty-day treatment order and indicated that since the last court date, Ms. Maggiore has been overwhelmed by her delusions, and it has become increasingly difficult to redirect her given her fixation on her needs.
Dr. Kung gave evidence that Ms. Maggiore thinks that there is poison and a foreign device in her body and has made many requests for surgery and to see specialists about these beliefs. Ms. Maggiore also believes she was attacked by non-humanoid species. As a result of her delusions, Ms. Maggiore can become hyper-talkative and difficult to redirect. This would make it difficult for her to focus on and participate meaningfully in a lengthy court proceeding.
Dr. Kung testified that the diagnosis of schizophrenia at the beginning of the Hospital Report should have been changed to Delusional Disorder as this is believed to be the more accurate diagnosis at this time, but that schizophrenia has not been completely ruled out. However, Dr. Kung testified that Ms. Maggiore is not experiencing symptoms of psychosis other than delusions. Dr. Kung added that it is her delusions that are the primary symptom of her illness, consistent with a diagnosis of Delusional Disorder.
Dr. Kung gave evidence that Ms. Maggiore has shown a benefit from anti-psychotic medications, especially paliperidone which is why the treatment team went back to it for Ms. Maggiore. Ms. Maggiore does have a history of aggression, the symptoms of which have been helped by the paliperidone. However, Ms. Maggiore’s delusions remain fixed and present.
Dr. Kung testified that the use of olanzapine has been discontinued and that she planned to speak with Ms. Maggiore’s sister, who is her Substitute Decision Maker, about adding a second anti-psychotic medication and possibly a long-acting anti-psychotic treatment.
Dr. Kung testified that, in her clinical opinion, she believes a detention order is necessary because Ms. Maggiore remains unfit, and it would allow ongoing treatment with an adequate support system in place as well as the ability to monitor her medication and provide further psycho- education and fitness coaching in an effort to render her fit to stand trial.
Dr. Kung testified that a transfer to the General Unit is appropriate for Ms. Maggiore as she is not a management issue, is fairly settled, calm and polite, has not exhibited any aggression and is otherwise suitable for the General Forensic Unit.
Dr. Kung testified that indirectly supervised passes should be included in the Disposition as they allow the treatment team to introduce privileges and freedoms in a gradual manner to transition Ms. Maggiore in a safe manner. Dr. Kung confirmed that CAMH has a pass ladder system allowing patients to obtain privileges slowly and gradually and that the speed with which they progress through the pass ladder depends on the patient, their mental stability, whether they use the passes appropriately, whether they are engaged in rehabilitation and programming, and so on. Dr. Kung added that it usually takes about a month for a patient to progress from one pass level to the next.
In response to a question by Mr. Brandes as to what progress has been made to lessen Ms. Maggiore’s delusions, Dr. Kung responded that treatment has been slow due to the nature of the delusional disorder, that there has been minimal improvement, and that the treatment team has implemented some changes to Ms. Maggiore’s medication. Dr. Kung added that as Ms. Maggiore has been before the Consent and Capacity Board and has been found to be incapable with respect to treatment decisions, her sister has become her substitute decision maker with whom she has discussed possibly moving Ms. Maggiore to a long-acting injectable medication as it is clear that one anti-psychotic is not enough.
In response to a question as to how Ms. Maggiore’s delusions undermine her understanding of the court process, Dr. Kung testified that Ms. Maggiore can answer the Taylor questions well on a superficial level, but Ms. Maggiore disagrees with the charges or is in denial and her delusions and fixation on the idea that she is the “crown” and therefore entitled to crown immunity, affects her understanding of the case and the possible consequences of the prosecution.
In response to a question as to what fitness coaching might benefit Ms. Maggiore, Dr. Kung testified that Ms. Maggiore needs psychoeducation as much as fitness coaching and that she has limited insight into her diagnosis and she gets wrapped up in her delusions when her legal charges are being discussed.
In response to a question from Ms. Whillier as to how often fitness coaching takes place, Dr. Kung gave evidence that she sees her at least once per week, and that nurses also do some fitness coaching with her, but such coaching may not always include asking the Taylor test questions.
In response to a question about how the treatment team managed the stress Ms. Maggiore experienced once she was found sent back to hospital by the court, Dr. Kung gave evidence that it’s simply the fact that she is in hospital in a highly secure environment, which she is not used to, that she finds stressful.
In response to a question as to whether her delusions have changed over time, Dr. Kung gave evidence that they have remained similar to those she experienced before. She will answer to Ms. Maggiore but, on occasion, she will say that Maria Maggiore is not her real identity and that she is a crown empress and has crown immunity and therefore not subject to prosecution and that crown attorneys should be working for her and not prosecuting her. Dr. Kung testified that Ms. Maggiore denies the index offence occurred, and she reports that she was being attacked by “speakies” who are orangutangs that have taken human form.
Dr. Kung testified that Ms. Maggiore doesn’t understand the options available to her in the context of trial or the consequences of those options. Dr. Kung testified that Ms. Mangione has now incorporated her former counsel, Mr. Pollard, into these delusions and thinks he is now a “non-humanoid” and part of a gang trying to kill her.
Dr. Kung also testified that Ms. Maggiore has a delusion that there is a foreign body inside her and she wants it surgically removed, but the existence of a foreign object in her body has been medically checked many times and nothing has been found as her belief is delusionally based. Dr. Kung gave evidence that the treatment team can’t provide external support around this delusion and that her delusion in this regard hasn’t changed since she came off olanzapine.
In response to a question about Ms. Maggiore’s plan for the future, Dr. Kung testified that she wants to be released, fly home and remake the universe. Dr. Kung added that Ms. Maggiore believes that her home is an empire. Dr. Kung is unaware as to whether she has a home in the community or whether or not she can go back to her ex-husbands house.
In response to a question as to whether the head injury Ms. Maggiore suffered is a contributing factor in her mental health status, Dr. Kung testified that she does not believe it is.
In response to a question from the Board with respect to Dr. Kung’s finding of fitness, Dr. Kung testified that this occurred at the 30-day mark of the treatment order at which time. At that time, she was presenting similarly to her last admission in December when she was found fit to stand trial and although she still thought she was the crown she much more redirectable. However, Dr. Kung continued, the court had ongoing concerns about her fitness, and she was returned to complete her treatment order. Dr. Kung added that since then there has been a noticeable change in Ms. Maggiore since being sent back to hospital as she is more hyper-talkative, more difficult to redirect and more disinhibited when discussing delusions.
Dr. Kung testified that Ms. Maggiore’s answers became more disorganized about a month or two ago and she is now not answering the question concerning a guilty or not guilty finding well and is fixated on her belief that her former counsel is a member of a gang trying to kill her.
In response to a question as to why Ms. Maggiore has gotten worse at CAMH, Dr. Kung responded that it may be that as she became more comfortable with the treatment team, she felt more comfortable talking about her delusions. Dr. Kung added that with prolonged admission patients do deteriorate at times and that it is hoped that the treatment team can get Ms. Maggiore back to the status of fit to stand trial.
In response to a question from the Board as to why her delusions appeared to be quite widespread and disorganized and not more circumscribed and whether this presentation might be responsible for the previous diagnosis of schizophrenia, Dr. Kung testified that schizophrenia has not been completely ruled out and Ms. Maggiore could be suffering from a treatment refractory version of schizophrenia. This would explain why she doesn’t respond to treatment, but if that is the case, the treatment would be no different than it is now and she would still be on anti-psychotic medication.
In response to a question as to how Ms. Maggiore is functioning on the unit, Dr. Kung testified that overall, she functions well, she tends to keep to herself, takes care of herself, eats well, participates in a few groups and engages appropriately with those groups and there have been no management issues with respect to violence or aggression. Dr. Kung added that there have been some issues regarding her telephone use as she calls various numbers in an attempt to obtain her “immunity documents” and she filled a voicemail box of a police officer thinking it was the “crown immunity office.” Dr. Kung noted that Ms. Maggiore spends a lot of time reaching out to people about crown immunity even though they have nothing to do with her case.
In response to a question from the Alt. Chair, Dr. Kung testified that as Ms. Maggiore is in the assessment unit pursuant to the warrant of committal, she has been without privileges since her admission, but that once the ORB makes an order, she will have privileges consistent with that order. Dr. Kung opined that it is possible that her lack of privileges could be tied to her decline.
Ms. Maggiore gave evidence at the hearing. In response to a question from her counsel as to the role of the Crown Attorney in her criminal trial, she responded that the crown’s role is to represent all crowns, that the charge is assault causing bodily harm and that she was being hit and pushed away the attacker. Ms. Maggiore then identified the alleged attacker, her ex-husband as a “speakie,” which she explained is an orangutang which has taken human form. In fact, her ex-husband was actually the victim of the index offence and attended the hearing. Ms. Maggiore identified the available pleas as guilty or not guilty and stated: “I’m not guilty. I’ve got crown immunity, protection against prosecution.”
When asked by her counsel if she could instruct counsel as to how to proceed at her trial, she responded: “I’m Queen Elizabeth. My identity was burglarized. For the time being I’m using Maria Maggiore. The identity burglars are from a different empire. Security is going after them. I’m a crown empress. I’m the maker of the currency in Canada, Britain and the U.S. I was on tour. I was abducted. They are apes turned into humanoids. They’ve been killed several times. I disagree with information. Lisa is not my sister. She’s not my genetic. I don’t agree with a stranger saying she’s related. Maria Maggiore is a crown identity. I’m fit to stand trial. I would have preferred if Stephanie Stafford had presented the paperwork. Being crown majesty, you can’t prosecute me. A crime is being committed against me.”
In response to a question from the Board, she responded that she needs documents which were left in crown offices and the Prime Minister’s office, that she is retired, and not really from Canada but from “another orbital empire.” She continued: “I fly there. I’m trying to prove who I am. I need those crown immunity documents.”
Final Submissions:
Ms. Meaney, on behalf of the hospital submitted that Ms. Maggiore is unfit to stand trial and that a detention order is the least onerous, least restrictive and most appropriate order. Ms. Meaney referenced page 15 of the hospital report which sets out the conditions being sought, which include privileges up to and including living in the community, a weapons prohibition and an abstinence provision. With respect to the issue of fitness, counsel submitted that Ms. Maggiore is overwhelmed by delusions which affect her overall ability to understand and participate meaningfully and instruct counsel in the legal process. Ms. Meaney submitted that a detention order is necessary to manage Ms. Maggiore’s risk and the safety of the public. In addition, Ms. Maggiore doesn’t likely have housing in the community, her diagnosis needs to be clarified, and she requires further fitness coaching in order to help her regain her fitness.
Mr. Brandes, on behalf of the Attorney General adopted the position of the hospital and submitted that a lack of fitness was well demonstrated by the evidence. Mr. Brandes submitted that the evidence from Ms. Maggiore confirms the underlying and fundamental issue that delusions rob her of ability to understand how she fits in to trial process and how to navigate it and that it would be next to impossible for her to instruct counsel. Mr. Brandes added that Ms. Maggiore can’t meaningfully participate in legal process given her symptom burden and that the hospital has as good a plan as is possible in the circumstances, which will hopefully allow the delusions to be gotten under control so that Ms. Maggiore can meaningfully participate in the legal process.
Ms. Whillier submitted that Ms. Maggiore maintains that she can meaningfully participate in the legal process and she wants the Board to rely on her oral evidence.
Analysis and Conclusion:
The issue to be determined by the Board is whether Ms. Maggiore is fit to stand trial with respect to her criminal charge arising out of the alleged index offence. If found fit, Ms. Maggiore would return to court. If found unfit, then the Board must determine the least onerous and least restrictive disposition appropriate in the circumstances bearing in mind the paramount consideration of public safety while taking into consideration the goal of reintegration of Ms. Maggiore into the community.
For many years, the assessment of an accused to stand trial has utilized what became known as the Taylor Test, often summarized as the “limited cognitive capacity test.” The test was essentially a series of questions about the role of the parties to the trial, the meaning of an oath and the potential consequences. In 2023 the Ontario Court of Appeal released a decision of a five-justice panel in R. v. Bharwani 2023 ONCA 203. This decision was in turn appealed to the Supreme Court of Canada which released its judgment in R. v. Bharwani, 2025 SCC 26 on July 25, 2025. In upholding the decision of the OCA. Justice O’Bonsawin, writing for the majority in a 6:3 decision stated:
6I disagree. As I will explain, an accused is fit to stand trial when they are able to make and communicate reality-based decisions in the conduct of their defence or instruct counsel to do so. Conducting a defence includes making decisions that an accused must always make personally and those which relate to the exercise of their right to full answer and defence, such as decisions about pleas, the mode of trial, selection of counsel, whether to testify, whether to call or cross-examine witnesses, and closing submissions, among others. The capacity required to make those decisions is a reality-based understanding of the nature or object of the proceedings and their possible consequences, an ability to understand the available options and their consequences, and an ability to select between those options when making decisions. Fitness to stand trial does not require an accused to make decisions in their best interests. Rather, it requires making decisions based on an understanding of reality that is not overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder. Transient mental health symptoms do not necessarily compromise an accused’s ability to conduct a defence. The focus is always on assessing the extent to which an accused’s mental disorder impairs their understanding of reality when making and communicating decisions in their defence.
And in summary:
77To conclude, the text, statutory context, and purpose of the definition of “unfit to stand trial” support an interpretation of the capacity threshold that requires an accused to be able to make reality-based decisions in the conduct of their defence and intelligibly communicate these decisions to counsel or the court. This necessitates a reality-based understanding of the nature or object and possible consequences of the proceedings, as well as an ability to understand the available options and their consequences, and to select between those options when making decisions. The accused is not required to make decisions in their best interests, but cannot be overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder when making and communicating these decisions.
The panel has carefully considered the evidence led, including the oral evidence of Ms. Maggiore. Ms. Maggiore’s persistent delusions are that she is “crown empress,” “Queen Elizabeth” and otherwise the “crown” and therefore entitled to immunity from criminal prosecution. At the hearing, she reiterated this belief, and the evidence is that she is fixated on obtaining documents to prove her status as crown immune from prosecution. It is also clear from the evidence that, although she superficially understands the roles of the various participants in a criminal trial, including the judge, the crown attorney and the defence lawyer, as well as the possible consequences of being found either guilty or not guilty, her delusions prevent her from understanding that this process applies to her or that she could be found guilty of the criminal charge she faces. As a result, the Board is of the unanimous opinion that Ms. Maggiore is unfit to stand trial at this time.
Having found Ms. Maggiore unfit, the Board then turned to the question of what is the least onerous and least restrictive disposition appropriate in all the circumstances, keeping in mind the safety of the public and the rights of Ms. Maggiore. The Board unanimously finds that a detention order is necessary to ensure that the risk posed by Ms. Maggiore is appropriately managed. It was striking that Ms. Maggiore, in giving her evidence, pointed out her ex-husband, who was the victim of the alleged index offence, and identified him as a non-humanoid “speakie” who had tried to kill her. Given the unremitting nature of her delusions, which are the same delusions she had when the alleged index offence was committed, any order short of a detention order would not be sufficient to protect the safety of the public. Ms. Maggiore’s medication regime has not been optimized as evidenced by the ongoing delusions she continues to experience. Ms. Maggiore’s needs for treatment and care can only be met in the context of a detention order.
In conclusion, the Board finds that a detention order on the General Forensic Unit at CAMH with the terms and conditions set out in the Disposition is the least restrictive and least onerous disposition in all the circumstances, and is necessary to manage her criminogenic factors, having taken into consideration the evidence before the Board.
DATED this 3^rd^ day of June, 2026, at the City of Toronto, in the Toronto Region.
Ms. J. Ferguson
Legal Member
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Office of the Registrar
Ontario Review Board