Ontario Review Board
Re: Ann-Marie Applewaithe
ORB File No: 7888
Hearing held on: Thursday, May 14, 2026
Place of Hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus
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. Duffy
Parties Appearing: Accused: Ann-Marie Applewaithe Counsel: Mr. B. Hurst The Person in Charge Counsel: Ms. L. Barney Attorney-General of Ontario: Counsel: Ms. S. Wollaston
REASONS FOR DISPOSITION (Dated June 8, 2026)
Introduction
On May 5, 2021, Ann-Marie Applewaithe, now 61 years of age, was found not criminally responsible on account of mental disorder (“NCR”) on charges of mischief under $5,000 (x3), failure to appear, and assault with a weapon, all contrary to the Criminal Code. She has most recently been subject to a Disposition of the Ontario Review Board (”ORB” or “the Board”) dated May 29, 2025 pursuant to which she is ordered detained at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton, West 5th Campus (“SJHH” or “the Hospital”), subject to various conditions and privileges, up to and including living in the community in accommodation approved by the person in charge.
On Thursday, May 14, 2026 a panel of the Board convened in person at the Hospital to conduct the annual review of Ms. Applewaithe’s Disposition and to make a new Disposition. Ms. Applewaithe was present and represented by her counsel, Mr. Hurst. The issues to be decided at the hearing were whether Ms. Applewaithe continues to represent a significant threat to the safety of the public as defined by 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 Code.
The evidence for the hearing consisted of the Hospital Report, dated April 10, 2026, entered into evidence as exhibit 1 and the oral evidence of Dr. L. O. Tan, a resident under the supervision of Dr. Y. Alatishe, Ms. Applewaithe’s attending psychiatrist.
Positions of the Parties
- At the commencement of the hearing, the parties were invited to provide their initial positions with respect to the issues before the Board. Counsel for the Hospital, supported by counsel for the Attorney General, submitted that Ms. Applewaithe continued to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition was a Detention Order with changes from the Disposition dated May 29, 2025 as set out below:
Change
- 2(e) to read: “to enter the community of Southern Ontario, escorted by staff;”
- 2(f) to read: “to enter the community of Hamilton, accompanied by staff or a person approved by the person in charge;”
- 2(g) to read: “to enter the community of Southern Ontario, indirectly supervised;”
- 2(h) to read: “passes for up to 7 days to enter the community within the catchment area of St. Joseph’s Healthcare Hamilton, West 5th Campus, indirectly supervised;” and
- 2(i) to read “to live in the community within the catchment area of St. Joseph’s Healthcare Hamilton, West 5th Campus in accommodation approved by the person in charge.”
Counsel for Ms. Applewaithe took the position that the evidence did not establish that his client is a significant threat to the safety of the public and that accordingly, she must be absolutely discharged.
The parties maintained their respective positions at the conclusion of the evidence.
Findings
- For the following reasons, the panel found that Ms. Applewaithe continues to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition, which is the least onerous and least restrictive in the circumstances, is a Detention Order with the terms of the May 29, 2025 Disposition except containing the geographical changes as outlined above.
Index Offences
- The circumstances surrounding the index offences, which occurred in Niagara Falls, are taken from the Reasons for Disposition dated July 7, 2025, and are reproduced as follows:
For a six-week period between September 2, 2020 and October 13, 2020 Ms. Applewaithe repeatedly attended at the complainant’s residence and entered his detached garage. They are strangers to one other. On occasion the complainant even found Ms. Applewaithe’s belongings in his garage. He contacted the police on eight occasions and made attempts to secure the garage by boarding up the doors. On October 12, 2020, the complainant found Ms. Applewaithe laying on a couch that she had brought inside the garage. He called police. Ms. Applewaithe was charged and released on bail with a condition that she not be within 100m of the complainant’s address. The next day she returned and tried to gain entry into the garage by using a two foot long piece of wood to pry open the boarded up doors. When confronted by the complainant, she waived the piece of wood and, on one occasion, struck him on the hand.
- During her criminal responsibility assessment in early 2021, Ms. Applewaithe was interviewed and provided her self-report of the index offences. Dr. Moulden, who conducted the psychological portion of the assessment, provided the following summary:
When asked more directly about the index offences Ms. Applewaithe indicated that she doesn’t understand why the “landlord wants me out”, and stated that she pays $500 in rent. She then referred to police attending her residence when she is in the shower, and leaving boots on the steps, which she interpreted to be “bad”, but would not explain why. She indicated that the landlord “took the keys…so I left a note”. She expressed confusion, stating “I don’t have a problem with anyone…I don’t need the police to protect me…what do they want with me?”. She added that she wore her white scrubs on the peace bridge to show that she is a peaceful person. Ms. Applewaithe was queried about returning to the location of the offences despite being directed not to. She denied that this was the case, and stated that she would have left if she had been asked. She stated “they (referring to the landlord) have to let me live my life…they don’t want me to have a place to live…they have to finish with me by telling me what they are doing, not just jail”. She went on to say “I’m not supposed to know what I know”, but declined to explain what she meant by this statement. Ms. Applewaithe commented “his mouth is in everything” and “he’s a spokesman for me”, which she explained meant that the “landlord speaks and makes decisions for me…being the one in authority…they’re not caring for me”. She went on to express fear for her safety, and stated that he has taken her belongings, had her arrested, doesn’t want her to live anywhere, and will try to kill her. Ms. Applewaithe maintained her innocence, and expressed her entitlement to live at the location. She explained that her actions (which she would not describe or acknowledge) were in self-defence because the “landlord wants to fight”. She again described feeling fearful, and stated “I’d defend myself again…they’re trying to fight me.”(p. 11-12, Hospital Report)
Background Information
The Hospital Report contains information concerning Ms. Applewaithe’s personal background, brief criminal history, psychiatric history prior to the index offences, and her course in the Hospital following the NCR verdict. As the Hospital Report is in evidence at the hearing, as exhibit 1, the information need not be summarized for the purpose of these Reasons. A summary of the most relevant information is included below.
Ms. Applewaithe, now 61 years, was born in Guyana and moved to Canada with her family in 1967. She is single, has no children, was never married, and has had no significant partners in her life. She lived with her parents (now both deceased) until 2000. After completing high school, she attended college for a computer course for one year before attending “nursing school”. She reportedly graduated from the nursing assistant program and worked for a temporary employment agency as a personal support worker until the summer of 2004. She has not worked since then and has been supported by ODSP.
Ms. Applewaithe’s mother was still living at the time of the NCR assessment (she passed away in 2023) and provided collateral information. She reported that at one point, the family had made plans to move to the Niagara Region but ultimately did not do so. However, Ms. Applewaithe chose to live there herself.
Ms. Applewaithe has no history of substance use.
Her mother reported that Ms. Applewaithe began to “act funny”, say odd things, and had paranoid beliefs starting around the age of 30. Ms. Applewaithe isolated from her friends and siblings and became very secretive about her life, including where she was living. According to her mother, she was diagnosed with Schizophrenia but would not take medication for it. Over the 10 years leading up to the index offences, Ms. Applewaithe stayed in the Niagara Region for the summers but returned to her parents’ home in Toronto during the winter months. While living with them, she would go missing for days at a time and would not say where she was going or where she had been. Her father passed away in May 2020, and according to her mother, she last saw her at his funeral.
Ms. Applewaithe has two convictions on her criminal record, assault with a weapon (2009), and fail to appear (2010).
With respect to Ms. Applewaithe’s formal psychiatric history, past medical records document a diagnosis of Delusional Disorder in 1997; however, additional details pertaining to this diagnosis are no longer available. She was first declared incapable of managing her finances during an admission in December 2004, and again during another admission in January 2005.
Following brief hospital admissions in the summer of 2000 and early January of 2001, Ms. Applewaithe was followed by an outpatient psychiatrist, Dr. Morton Rapp, at Scarborough General Hospital between the years 2001 and 2004. According to a note from Sunnybrook Health Sciences Centre, she was also a client of Scarborough General Hospital’s Assertive Community Treatment Team around this time. The available information does not disclose the frequency of Ms. Applewaithe’s appointments with Dr. Rapp or the medication, if any, that she was receiving. There were two hospital admissions during this period, in October of 2001, and a lengthier, two-week admission in April of 2004, when it appeared that she was very symptomatic and unhoused.
Hospital notes from 2001 record that Ms. Applewaithe had made homicidal threats against her father and against two residents at a shelter where she was staying at the time. She reportedly stabilized rapidly on two medications, with decreased agitation, improvement in her mood, and no further homicidal threats.
Ms. Applewaithe had further psychiatric admissions in Toronto during the period between December of 2004 and early February 2005, and then a two-week admission at SJHH in November of 2005 before being discharged and taken to a “lodging home” in Toronto. Years later, in 2014 and 2015, she had several brief visits to general hospital emergency departments. The Hospital Report stated that Ms. Applewaithe’s longstanding history of untreated schizophrenia had resulted in her engaging in threats and physical violence in the past and deterioration of her mental and physical function.
Since residing within the Hospital’s Forensic Program, Ms. Applewaithe’s demeanor has been consistently calm. She is described as soft-spoken. She maintains eye contact and will engage in conversation when initiated by others. She has enjoyed participating in recreational activities and utilizing the courtyard although prefers to remain seclusive to herself in these settings. Initially, she did not use her off ward privileges independently as she felt unsafe doing so by herself, however she enjoyed going out accompanied by staff. During her first reporting year from 2021-2022, she was consistently observed to be quite apprehensive and guarded around others, although she denied experiencing paranoia. She also expressed a continuing belief that she was entitled to live in the victim’s garage. Ms. Applewaithe often refused to engage in assessments or accept supportive services. Her Clinical Risk Assessment for the 2022 hearing stated that even with full medication compliance, she still suffered from residual disorganization and likely some degree of paranoia. By the time of her 2024 hearing, it was noted that with the continued administration of her antipsychotic medication, her paranoia became attenuated over time. Her antipsychotic medication was stopped, however, due to observed significant side-effects. It was restarted after August 2025.
Evidence at the Hearing
Ms. Applewaithe’s current diagnosis is schizophrenia. She is incapable of consenting to treatment and of managing her finances/property.
Her finances are managed by the Public Guardian and Trustee. Her brother, who lives in Toronto, is her substitute decision maker (SDM), although she has infrequent contact with him. She has family living in the U.S. and had one visit this reporting year.
“During this reporting period, Ms. Applewaithe has remained an inpatient, initially on Harbour North 3 under the care of Dr. Sutton and since August 26, 2025, on Orchard 3 under the care of Dr. Alatishe. Ms. Applewaithe had remained without any scheduled antipsychotic medication from November 2024 to August 2025; it had been discontinued in November 2024 due to ongoing extrapyramidal symptoms (EPS) of tardive dyskinesia, dystonia, and Parkinsonism. Quetiapine XR was restarted and then increased to its current dose (400 mg nightly) due to a re-emergence of psychotic symptoms, namely paranoia, somatic preoccupation, sleep disturbance, and behavioural and thought disorganization. Most notably, Ms. Applewaithe believed that staff with the Adult Day Program at St. Joseph’s Villa were trying to kill her, possibly by making her physically ill. Her mental state stabilized in the following weeks with no significant changes to her movements or worsening of EPS.” (p.44, Hospital Report)
Ms. Applewaithe’s involvement with the Adult Day Program was discontinued due to her mental status and belief regarding the program. She has begun attending a monthly community outing to a local cat shelter and a weekly cooking class, both of which are going well. A Community Living Skills assessment found her to be within the low range of functioning and recommended she have maximum support with medication and relapse prevention and found her to be dependent in tasks related to meals, transportation, shopping and safety responses. Overall, she is assessed as requiring a fully supported living environment in the community.
Ms. Applewaithe is on a waiting list for 24-hour supervised housing but it is unknown when a room will become available. She has been on the waiting list for the Indwell, Wentworth Program since February 17, 2022. The clinical team is also looking into the possibility of a Long-Term Care (LTC) application. Ms. Applewaithe has clinical frailty that often requires nursing specific intervention, and LTC may be a more suitable setting for her. Preliminary conversations with her brother, who will likely be SDM for LTC admissions have occurred. The clinical team will likely pursue this avenue in the upcoming reporting year.
The treatment team is of the unanimous opinion that Ms. Applewaithe continues to represent a significant threat to the safety of the public. She demonstrates limited functional skills and in the absence of support, her mental health is likely to decline. Based on her history, it is likely her risk of violence would significantly increase and the Mental Health Act would be insufficient to respond in a timely manner.
The Hospital Report at p. 50 outlines the following risks and protective factors
Summary of Risk and Protective Factors:
Risk Factors (static and dynamic)
- Major mental illness (schizophrenia)
- Current active symptoms of schizophrenia
- Lack of insight into illness, potential for decompensation, and risk to the public
- History of medication non-adherence and supervision failure
- Limited ability to form feasible plans
- Limited social support
- Housing instability (past and current)
- Financial and employment instability (past and current)
- History of violence (past assaultive behaviour in addition to the index offence)
Protective Factors
Absence of substance use
Acceptance of oral antipsychotic medication
Absence of antisociality or other personality disorder
Positive attitude towards treatment team
External control provided by the ORB through the hospital
The Hospital Report sets out Ms. Applewaithe’s risk as low under a Detention Order but low-moderate absent Board oversight. To Ms. Applewaithe’s credit, there have been no concerns of violent or aggressive behaviour over this reporting period. However, her background includes a 2009 conviction for assault with a weapon and a history of agitation and making homicidal threats. In 2014 she was brought to hospital by police after causing a disturbance at a bus stop, yelling in an agitated state. The index offence, assault with a weapon, occurred when she delusionally believed she resided in the victim’s garage and when confronted, struck his hand with a piece of wood, claiming self-defence from someone of whom she was fearful.
In his testimony, Dr. Tan stated that Ms. Applewaithe had a positive year but that there had been some challenges. After she transferred to Orchard 3 (which is for patients moving toward a transition to the community), she became increasingly paranoid about some of the staff in the St. Joeseph’s Villa Day Program and ultimately stopped attending. She has since restarted her anti-psychotic medication and has been less paranoid. In terms of optimization, her medication is close to ideal. It is a balancing act because she has experienced significant medication side-effects. She has a number of medical issues. She has asthma and should be on inhalers but requires ongoing education to consistently use them. Dr. Tan indicated that Ms. Applewaithe may have paranoia in relation to the inhalers.
Dr. Tan testified that Ms. Applewaithe meets the test for significant threat to the safety of the public. Her psychotic symptoms re-emerged when she had been removed from her anti-psychotic medication due to side-effects. She is not capable to consent to treatment, and she has no professional community supports in place at this time. Although Ms. Applewaithe is of the view that she could live in independent housing, the Hospital has assessed her as needing maximal support including meals prepared and encouragement to accept medication. Dr. Tan noted that the index offences arose when Ms. Applewaithe was unhoused.
Dr. Tan described the risk scenario for Ms. Applewaithe in the event an absolute discharge was granted. She would likely become unhoused and unmedicated. She would not have and/or engage with community supports and she would return to the state she was in at the time of the index offences which involved violence. Despite her diminutive size, she could engage in violence. She does not have family housing available to her. Dr. Tan noted that a Conditional Discharge and the provisions of the Mental Health Act would be insufficient to manage her risk. The Hospital needs to approve her accommodation as it is likely that she would choose inappropriate accommodation on her own.
The Hospital seeks to change the conditions of the Detention Order (i.e. 2(e), (f),(g), (h), (i)) to the broaden the search area for housing, including long-term care options.
In cross-examination, Dr. Tan stated that Ms. Applewaithe had physical issues including changes to her gait and slow ambulation due to medication side-effects, as well as a persistent cough with some difficulty breathing. She has been sent to ER and has been referred to a respirologist. In the past, she had to decline an offer of supervised housing at St. Clair Lodge due to her mobility issues, as the room was on the second floor. When asked, Dr. Tan was of the view that even in her current physical condition, Ms. Applewaithe could wield a weapon. He stated that in the absence of the oversight of the Board, she would not take her medication because she does not believe she needs it. Ms. Applewaithe is incapable to consent to treatment because she lacks insight. When asked, Dr. Tan stated that as in the past, when agitated, she could engage in physical and psychological harm.
Dr. Tan did not believe that Ms. Applewaithe exercises her privilege to go into the community on her own. He also stated that if housing became available, she would not be ready to move immediately but could be ready to start transitioning.
Analysis and Conclusions
Having reviewed the evidence and carefully considered the submissions of counsel, the panel found that Ms. Applewaithe represents a significant threat to the safety of the public in the meaning of s. 672.5401 of the Criminal Code in that she represents “a risk of serious physical or psychological harm to members of the public ..resulting from conduct that is criminal in nature, but not necessarily violent.”
Ms. Applewaithe has, for over 20 years, suffered from schizophrenia. While she believes she can live independently, the evidence supports a conclusion that she is unable to do so. She does not have the functionality to deal with the tasks of independent living such as meal preparation, transportation or shopping. She requires encouragement to accept medication (both psychiatric and medical). There are currently no community supports or transition plan in place for her. The panel found that absent the professional supports provided through the Hospital under the terms of a Detention Order, Ms. Applewaithe would be unable to care for herself, or find housing. As has happened in the past, she would become unhoused, not engage with mental health supports, stop taking medication and decompensate. If that were to occur, there is a foreseeable and substantial risk that, as has occurred in the past, she would engage in threats, violence or/and acts of psychological harm such as living in a stranger’s garage. We note that the index offences involved violence and breaking into a stranger’s garage. Ms. Applewaithe has a criminal record for assault with a weapon. She also has a history, when unwell, of making threats,
With an Absolute Discharge at this stage, she will undoubtedly become unhoused, stop taking her medication and decompensate. She will be in the same mental state and circumstances as she was at the time of the index offences.
The panel is mindful of Ms. Applewaithe’s physical limitations. As was pointed out in submissions, she is physically diminutive and slight and currently has respiratory issues. She has also experienced a decline in her mobility. However, we do not agree that this minimizes her ability to represent a significant risk to the safety of the public. When unwell, she can and very likely would engage in serious verbal altercations including threatening and potentially acts such as the index offences. Furthermore, her stature would not prevent her use of a weapon especially when in a delusional, agitated state. The panel noted that the index offences occurred only six years ago.
Ms. Applewaithe requires 24-hour supervised housing for the safety of the public, the maintenance of her mental health, and for her eventual successful community reintegration. Accordingly, the Hospital must have the ability to approve her housing and return her to the Hospital promptly in the event of any significant deterioration of her mental condition. The Mental Health Act would be insufficient to manage Ms. Applewaithe’s risk to the public as it is likely that she would not come to the attention of medical professionals or the authorities until after a criminal event had occurred, as happened in the past. Therefore, a Conditional Discharge is not appropriate at this time.
The panel was satisfied that the necessary and appropriate, and the least onerous and least restrictive, Disposition is a Detention Order containing the terms as sought by the Hospital.
DATED this 8th day of June, 2026, at the City of Toronto, in the Toronto Region.
Norine Nathanson
Legal Member
____________________________
Office of the Registrar
Ontario Review Board