Ontario Review Board
Re: David Yellowlees
ORB File No: 6630/8484
Hearing held on: Monday, May 11, 2026
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. P. Prendergast Dr. S. Wiseman Ms. K. Weisbaum Mr. T. Wall
Parties Appearing:
Accused: David Yellowlees Counsel: Ms. J. Boissonneault
The Person in charge of Hospital: Representative: Dr. J. Pytyck
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated June 1, 2026)
Introduction
On October 21, 2014, David Yellowlees was found Not Criminally Responsible (“NCR”)NCR as a on account of mental disorder on charges of failure to comply with probation order, utter a threat to cause death or bodily harm and possession of weapon for dangerous purpose, all contrary to the Criminal Code of Canada (the "Criminal Code"). He was again found NCR with in relation to Index Offences regarding the use of a sword as described below. Mr. Yellowlees is currently subject to a Disposition of the Ontario Review Board (the "Board") dated April 30, 2025, detaining him at the General Forensic Unit of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”), with privileges up to living in the community in accommodation approved by the person in charge.
On May 11, 2026, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Yellowlees was in attendance and was represented by his counsel, Ms. Boissonneault.
Without Prejudice Position of the Parties
Dr. Pytyck advised that the Hospital recommendation as set out at page 54 of the Hospital Report is a continuation of Mr. Yellowlees’ Detention Disposition absent any changes. Ms. MacDonald, for the Attorney General, supported that recommendation as did Ms. Boissonneault, for Mr. Yellowlees. Ms. Boissonneault also advised that significant threat was not contested.
Background and Index Offences
Mr. Yellowlees’ background and psychiatric history are set out in detail in the Hospital Report, filed as Exhibit 1, and do not need to be repeated in full here, except for the following salient facts.
Mr. Yellowlees' mental health history began in 2003, when he was first admitted to Lakeridge Health Oshawa following a psychotic episode. At that time, he had made threats to kill his father. Between 2004 and 2014, he was hospitalized on multiple occasions. These repeated admissions were driven by several ongoing concerns: a long-term psychotic illness, aggressive and violent behavior toward others, his repeated refusal to take prescribed medication, and his continued use of illicit substances.
The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“Summary of August 5, 2014, Index Offences
While under a probation order, David Yellowlees went to his parents’ home in a disturbed and aggressive state. He forced his way inside and exhibited signs of a psychotic episode. During the incident, he made death threats against his brother and specific police officers he was prohibited from contacting. He also discussed plans to ambush police by shutting off the power and armed himself with an iron bar. His father was able to de-escalate the situation, and Mr. Yellowlees eventually fell asleep. The Durham Regional Police Tactical Unit was called and safely apprehended him. 8.
Summary of April 2, 2023, Index Offences
On April 2, Mr. Yellowlees was found in possession of a three-foot sword and acting in a threatening and dangerous manner. He waved the sword at a vehicle, alarming the driver. When police arrived, he was agitated, yelling incoherently, and initially ignored commands to drop the weapon. He eventually complied after multiple demands. He admitted to consuming marijuana, alcohol, and cocaine. At the time, Mr. Yellowlees was under legal conditions prohibiting him from possessing weapons, which he violated during this incident.”
Current Diagnoses
- Schizophrenia
- Cocaine Use Disorder, moderate, in sustained remission in a controlled environment
- Alcohol Use Disorder, moderate, in sustained remission in a controlled environment
- Antisocial Personality Traits
Evidence at Hearing
Dr. Pytyck testified on behalf of the Hospital. Mr. Yellowlees was discharged from hospital on May 4, 2026 to the Canadian Mental Health Association(CMHA) Collaborative Residence Enabling Assisted Transitional Engagement (CREATE) program housing. Overall, he has had a good year. Mr. Yellowlees has been abstinent from substances with no breaches of his Disposition. His insight has improved but further development is needed vis-à-vis historic psychotic symptoms. Mr. Yellowlees has an extensive prior history of substance use strongly associated with decompensation and the index offences. Going forward, his primary monitoring needs focus on substance use. As a result, a Conditional Discharge is premature. Mr. Yellowlees loses insight quickly; therefore, Pytyck opined that the Mental Health Act is insufficient to ensure his return to hospital at this time.
Ms. Boissonneault inquired if her client’s illness was in remission. Dr. Pytyck responded that it was not, clarifying that Mr. Yellowlees’ symptoms are managed with medication that he tolerates well and this has been the case since September 2023. Prior to his discharge from hospital, Mr. Yellowlees was using indirect community privileges without incident for quite some time. He now has increased insight to his need to refrain from substances.
Ms. MacDonald inquired if CREATE housing is of a permanent or a transitional type. Dr. Pytyck replied that it is transitional as patients ordinarily remain there for one and a half to two years.
Closing Observations
Dr. Pytyck advised that she had nothing to add. Ms. MacDonald stated that she has been involved with Mr. Yellowlees’ annual hearings for a number of years and this year something appears to have come together in that Mr. Yellowlees is substance free and medication compliant. She congratulated Mr. Yellowlees on his efforts in that regard. Ms. Boissonneault submitted that her client is now stable, cooperative and abstinent from substances. He looks forward to more time in the community and in the company of his parents.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Yellowlees continues to represent a significant threat to the safety of the public the Board carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Yellowlees continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Pytyck that Mr. Yellowlees continues to pose a significant threat. The Board also relies on the Hospital Report and the Risk Assessment contained under the Summary heading at page 54, reproduced below for ease of reference:
Absent an ORB Disposition, Mr. Yellowlees would be likely to leave hospital, opt for unsupervised housing, and resume using substances, including alcohol, cannabis, and cocaine. He would rapidly decompensate back to a state of psychosis and would experience paranoia and disorganization of thought and behaviour, similar to the state in which he committed both sets of index offences. He would then pose a real risk of harm to individuals in close proximity to him.
The Board therefore accepts that absent an ORB Disposition, Mr. Yellowlees would likely become non-compliant with prescribed medications which would lead to decompensation, the use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Yellowlees will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Yellowlees continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Yellowlees’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Yellowlees provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Yellowlees needs, the Board was attentive to his community discharge just one week prior to this hearing. This important step in his rehabilitation and recovery is tied to a reporting year in which he demonstrated:
- consistent absence from substances,
- medication compliance,
- improving insight,
- the exercise of indirect community privileges without incident,
- no breaches of his disposition.
The panel is cognisant that Mr. Yellowlees’ history of substance abuse and associated rapid loss of insight necessitates continued vigilance and rigorous oversight. These factors speak to the need to maintain him on a Detention Disposition which enables a rapid return to hospital via issuance of a Form 49, rather than gravitating to a Conditional Discharge at this time.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Yellowlees poses to the safety of the public while still meeting his needs, is a continuation of his current Detention Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Pytyck and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Yellowlees’s mental condition, his reintegration into society and other needs.
DATED this 1st day of June 2026, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Alternate Chairperson Office of the Registrar Ontario Review Board