Re Jordan Gramling, 2026 CanLII 56696

Re: Jordan Gramling

ORB File No: 8395/8419

Hearing held on: Tuesday, May 5, 2026

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. P.L. Darby Dr. L.O. Lightfoot Ms. C. Murray Ms. M. McKinnon

Parties Appearing:

Accused: Jordan Gramling Counsel: Mr. D. Northcott

Person in charge of Hospital: Representative: Ms. T. Newman

Attorney-General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated June 10, 2026)

Introduction

1. On September 13, 2023, Mr. Jordan Gramling was found not criminally responsible on account of mental disorder on charges of assaulting a peace officer and assault causing bodily harm, contrary to the Criminal Code of Canada (the "Criminal Code"). Further, on November 1, 2023, Mr. Gramling was again found not criminally responsible on account of mental disorder on a charge of assault, contrary to the Criminal Code.

2. Mr. Gramling is currently subject to a Disposition of the Ontario Review Board (the "Board") dated May 28, 2025, detaining him at the Waypoint Centre for Mental Health Care, High Secure Provincial Forensic Program (“Waypoint”), with hospital and grounds privileges, beyond the secure perimeter, escorted by staff.

3. On May 5, 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. Mr. Gramling was in attendance and was represented by his counsel, Mr. Northcott.

Without Prejudice Position of the Parties

4. Ms. Newman indicated that Mr. Gramling remains a significant threat to public safety and that no changes are being sought to the current Disposition. That recommendation was supported by Ms. Curry, on behalf of the Attorney General. Mr. Northcott indicated that significant threat was conceded, and he anticipates a joint position subsequent to having heard the evidence.

Background and Index Offences

5. Mr. Gramling is a 31-year-old man born and raised in Ottawa. His first involvement with psychiatric services occurred in 2012, following criminal charges for dangerous driving and failing to stop for police. After his arrest, he was placed on a Form 1 under the Mental Health Act, which enabled his involuntary assessment and was transferred from jail to hospital. He was ultimately found NCR for his actions and came under the jurisdiction of the Ontario Review Board for the first time. He was granted an absolute discharge in February 2014.

6. Mr. Gramling began using cannabis in 2020. Around this time, he was unable to hold down employment and his mental health again began to decline. He showed signs of psychosis and reported hearing voices. During this period, he moved frequently, living at various points in Calgary, Sudbury, London, and Ottawa. People who lived with him during this time reported feeling unsafe due to his aggressive behaviour.

7. The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:

“Assault Peace Officer – Offence Date: February 27, 2023

Mr. Gramling was being held in the cellblock at the Provincial Courthouse located at 161 Elgin Street, Ottawa.

Required in court, he was being escorted by Constable McGahey. Upon leaving the cell, the accused attempted to punch constable Warsame in the head. Constable Warsame avoided being punched. Constable McGahey grabbed the accused around the mid-section and started pushing him down the hallway toward other staff. They ended up against a wall. The accused grabbed Constable McGahey around the back of the neck and head. Other officers assisted in bringing the accused to the ground and placing him in restraints. During the struggle, Constable Warsame fell to the ground, hitting his right knee and wrist. The accused spit blood onto the boot of Constable McGahey. He continued to try to spit blood on other officers.

Constable McGahey suffered a cut to his left hand and could feel pain down the back of his head and shoulder blades when turning his head from side to side.

The accused was arrested and transported to central cellblock at 474 Elgin Street on new charges. Once there, he tried to head butt Special Constable Clark in the face. Constable Clark was able to avoid being struck. These last events were captured on video.

Assault - Offence Date: May 22, 2023

Mr. Gramling was on inpatient status at the Brockville Forensic Psychiatric Hospital. At 11:10, nurse Jacob Fourney was in a hallway with Mr. Gramling.

Mr. Gramling turned to Mr. Fourney and, without provocation, punched him in the nose and on the side of the head. Mr. Fourney, with another nurse and a security guard, tried to stop the assault and get the accused under control.

Mr. Fourney’s injuries were assessed by a doctor at the Brockville General Hospital: he suffered a bleeding nose and bruising to the temple where punched.

Assault Causing Bodily Harm – Offence Date: July 7, 2023

Mr. Gramling was again in custody at the 161 Elgin Street Courthouse in Ottawa. He had just finished a phone call with his lawyer. He was being escorted by three Special Constables to another cell. Mr. Gramling turned to look at Special Constable Capri. Without any provocation, he used his left elbow to strike the constable in the right eye and forehead.

The force of the strike caused Constable Capri to fall backwards to the ground. Officers took the accused to ground to prevent any further attack. Mr. Gramling yelled “I had to do it.” There were no other actions taken by the constables which would have provoked such an attack.

Constable Capri was transported to The Ottawa Hospital for assessment where he was found to have suffered a contusion to the right eye, with abrasions to his forehead and arm.”

Current Diagnoses

• Schizophrenia,

• Cannabis Use Disorder, moderate,

• Other Unspecified Stimulant Use Disorder, moderate.

Evidence at Hearing

8. Dr. Bunker stated that she agrees with the content of the Hospital Report and the recommendations therein. Her Risk Assessment is set out at pages 44 to 47.

9. Mr. Gramling came out of seclusion in December of 2025 and transferred from the Assessment Unit to the Beckwith Program in March of 2026. Dr. Bunker advised that Mr. Gramling continues to do well and has attained C5, the highest patient privilege level. She noted that a positive element of Mr. Gramling’s presentation is that he is willing to do what is asked of him. Mr. Gramling awaits a vocational services assessment. He acknowledges that he has schizophrenia but has little insight to the need for psychotropic medications. This has not fluctuated. A note from the social worker a week prior to this hearing, states that he hopes to discontinue clozapine which is currently given to him in a crushed format.

10. The expectation for the coming year is to refocus Mr. Gramling towards CBT for psychosis. At present, he struggles to meaningfully participate in supportive counseling. Mr. Gramling tells his therapist that he has no psychotic symptoms. The treatment plan also involves getting him started with vocational services. Dr. Bunker has also encouraged Mr. Gramling to participate in AA programming as this is the only substance abuse program currently available on the Beckwith Program.

11. Responding to questions from Ms. Curry, Dr. Bunker advised that ECT is no longer being considered for this patient. Dr. Bunker noted that neither the PCL-R nor the VRAG risk assessment tools have been administered. She is hopeful that these tests will be completed in the upcoming clinical year. A neurocognitive assessment will likely be prioritized given that its findings may enable a recommendation to a less secure facility. It is hoped that neurocognitive test results will reveal more about Mr. Gramling's cognitive abilities and in which domains he experiences challenges.

12. Mr. Gramling’s goals include imminent release from Waypoint and a return to North Bay. Dr. Bunker described her relationship with Mr. Gramling as respectful and kind. This description is also applicable to his relationship with hospital staff.

13. At present, Mr. Gramling has little insight as to how substances have impacted his illness and more specifically his last mental deterioration several years ago.

Closing Observations

14. All parties wished Mr. Gramling well and noted that he had progressed over the past clinical year.

Analysis and Decision

(a) Significant Threat

15. 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.

16. In determining whether Mr. Gramling 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.

17. The Board unanimously finds that Mr. Gramling 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. Bunker that Mr. Gramling continues to pose a significant threat. The Board also relies on the Hospital Report and more specifically Dr. Bunker’s Risk Assessment contained therein. The following excerpt from page 47 merits reproduction:

It is my opinion that Mr. Gramling remains a significant threat to the safety of the public. He has a significant history of violence. It is my view that Mr. Gramling’s violence risk is directly related to under-treated psychotic symptoms. Positively, Mr. Gramling’s schizophrenic illness has significantly improved over the last several months and his violent behaviour has decreased. He has been out of seclusion for about four months. However, it is still early in Mr. Gramling’s recovery and his insight into his illness, violence risk, and substance use is lacking. He remains incapable of consenting to his own treatment. If left to his own devices, it is my opinion that Mr. Gramling would stop his medications, quite likely use substances, and relapse into psychotic symptoms in short order. He would likely aggress as a result, as he has many times before.

18. Given the foregoing, this panel of the Board, subsequent to an independent analysis, finds that Mr. Gramling continues to represent a significant threat to public safety.

19. The Board therefore accepts that absent an ORB Disposition, Mr. Gramling 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. Gramling will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

(b) Disposition

20. Flowing from the Board’s finding that Mr. Gramling 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. Gramling’s needs pursuant to s. 672.54 of the Criminal Code.

21. The necessary and appropriate disposition for Mr. Gramling provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.

22. In considering Mr. Gramling needs, the Board was attentive to Dr. Bunker’s statement that the Hospital intends to prioritize completion of a neurocognitive assessment during the upcoming clinical year. The Board looks forward to the findings of that Assessment which may reveal further family, educational and background history which at present is lacking. The panel shares Dr. Bunker’s hope that the findings vis-a-vis his cognitive strengths and limitations could assist in enabling a future transfer recommendation to a medium secure forensic facility. In the interim, the panel accepts that Waypoint can still offer avenues for rehabilitation to Mr. Gramling.

23. In closing, the panel wishes to congratulate Mr. Gramling on the progress he has shown in the early stages of his recovery and rehabilitation, and the panel is optimistic that his cooperation and engagement will continue.

Conclusion

24. Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Gramling poses to the safety of the public while still meeting his needs, remains a Detention Disposition.

25. In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Bunker 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. Gramling’s mental condition, his reintegration into society and other needs.

DATED this 10th 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