Re Lucas Kleingeld, 2026 CanLII 56708

Re: Lucas Kleingeld

ORB File No: 8672

Hearing held on: Wednesday, May 6, 2026

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Sections 672.48(1) and 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: Lucas Kleingeld Counsel: Ms. C. Francis (by Zoom)

Person in charge of Hospital: Representative: Ms. M. Kraftscik

Attorney-General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated June 10, 2026)

Introduction

1. On November 21, 2024, Lucas Kleingeld was found unfit to stand trial on account of mental disorder on charges of fail to comply with undertaking, assault with a weapon, and carry weapon for dangerous purpose, all contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Kleingeld is currently subject to a Disposition of the Ontario Review Board (the "Board") dated May 6, 2025, detaining him at the High Secure Provincial Forensic Programs of the Waypoint Centre for Mental Health Care (“Waypoint”), with privileges up to and including hospital and grounds privileges, beyond the secure perimeter, escorted by staff.

2. On May 6, 2026, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to ss. 672.48(1) and 672.81(1) of the Criminal Code. Mr. Kleingeld was in attendance and was represented by his counsel, Ms. Francis.

Without Prejudice Position of the Parties

3. Ms. Kraftscik, on behalf of the hospital, stated that Mr. Kleingeld remains unfit and a transfer to the Southwest Centre for Forensic Mental Health Care (“Southwest”) as set out at page 31 of the Hospital Report is recommended. Additionally, the following provision is to be added as suggested by Dr. Ajay Prakash, Interim Medical Director Southwest:

“Community passes accompanied by person or agency approved by the person in charge.”

4. Ms. Armenise joined with the Hospital recommendation on behalf of the Attorney General. Ms. Francis stated that she would not be taking a position on fitness. Mr. Kleingeld believes that significant threat is no longer an issue because charges against him have been resolved such that the ORB no longer has jurisdiction over him.

Background and Index Offences

5. The Hospital Report contains a full account of Mr. Kleingeld's background and has been reviewed by the Board. In summary: Mr. Kleingeld is 46 years old and diagnosed as suffering from Schizophrenia. He was born in Guelph and following his parents' separation when he was 8, was raised across two households. Mr. Kleingeld completed high school and began post-secondary studies in education and accounting but did not finish his degree or diploma.

6. Throughout his adult life, Mr. Kleingeld worked in restaurants, offices, and hotels. He has reportedly not been employed since 2012 and previously received financial support through the Ontario Disability Support Program.

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

“On the 3rd of December 2022, the accused, Lucas KLEINGELD attended the residence of Doris, the victim, and Alfred THIESSEN, KLEINGELD'S extended family members.

While present in the home, KLEINGELD armed himself with a nearby kitchen knife and without provocation, or reason, attacked the victim by while holding the knife in a reverse grip and attempting to stab her in a downward motion.

The victim was able to defend herself and with the assistance of her husband, Alfred. KLEINGELD was restrained until the arrival of police.

The victim suffered minor injuries; cut to hand, shoulder, bleeding mouth as a result of the attack.

KLEINGELD was placed under arrest by Provincial Constable BELL at 2242 hrs and read his rights to counsel and cautioned. KLEINGELD indicated he understood and indicated he would speak with a lawyer at the Fergus Detachment.

KLEINGELD is charged with Assault with a Weapon contrary to section 267(a) of the Criminal Code, and Possession of a Weapon for a Dangerous Purpose, contrary to section 88 of the Criminal Code.

KLEINGELD is known to suffer from mental health issues and has been clinically diagnosed as a paranoid schizophrenic.

KLEINGELD was apprehended under the mental health act and taken to the Groves Community Hospital in Fergus, for further assessment.

At approximately 1300 hrs, KLEINGELD was formed by Dr. PHILLIPS and accepted into the facility. KLEINGELD will be sent to the Homewood facility in Guelph for further treatment.

As KLEINGELD is under the supervision of the mental health system, a warrant in the first instance is requested for his arrest.”

Current Diagnosis

• Schizophrenia

Evidence at the Hearing

8. Dr. Van Impe testified that he had both read and agrees with the contents of the Hospital Report. He last assessed Mr. Kleingeld with regard to his fitness to stand trial in the hours prior to this hearing. According to Dr. Van Impe, Mr. Kleingeld did not present as an individual who is fit to stand trial. He added that his patient could answer the Taylor test questions but refuses to participate in any courtroom process because he believes he is wronged by being detained at Waypoint and his charges were already dealt with. Fitness coaching was previously attempted unsuccessfully by the Hospital psychometrist. Dr. Van Impe opined that a change of medication is likely required to possibly render Mr. Kleingeld fit. Mr. Kleingeld likes risperidone and is unlikely to want to switch from that medication. As a result, he would have to be found treatment incapable by the Consent and Capacity Board to enable a change of medication.

9. By way of update, Dr. Van Impe advised that Mr. Kleingeld’s security level has been reduced from level 5 to 4 due to the fluidity of his symptoms. Dr. Van Impe added there were no behavioural contributions to this reduction and day to day, this makes little difference in Mr. Kleingeld’s lived reality as he does not tend to spend lengthy periods of time off the ward.

10. Dr. Van Impe opined that Mr. Kleingeld is ready to be transferred to Southwest and agrees with the suggested additional provision, referenced above.

11. Ms. Armenise asked to Dr. Van Impe to elaborate as to why he considers Mr. Kleingeld marginally treatment capable. Dr. Van Impe explained that his patient’s understanding of experienced delusional beliefs is not fulsome.

12. Dr. Van Impe reiterated that Mr. Kleingeld is unlikely to comply with a recommendation to change medications as a capable individual. Therefore, he is unlikely to be restored to fitness in the upcoming clinical year. Nevertheless, Dr. Van Impe agreed that Mr. Kleingeld has made progress in his rehabilitation. He is more engaged and has been residing on the Beausoleil Unit since February 2026, which is considered the highest privileged unit at Waypoint.

13. Questioned by Ms. Francis, Dr. Van Impe again addressed his patient’s reluctance to engage when the issue of fitness is raised. Mr. Kleingeld continues to believe that his sentence has been served and there is therefore no authority for him to be held by the Ontario Review Board or treated by Dr. Van Impe. Further, he continues to state that will never return to court. Dr. Van Impe stated that fitness coaching will be available to Mr. Kleingeld at Southwest and opined that his patient no longer requires the high secure envelope of Waypoint.

14. Responding to a panel question, Dr. Van Impe opined that it may be possible to restore Mr. Kleingeld to fitness. He explained that there remains the ability to try and reason with Mr. Kleingeld regarding medication changes or adjustments. Failing that a finding of incapacity could be made. As a result, not all avenues have been explored.

Closing Observations

15. Ms. Kraftscik submitted that Mr. Kleingeld remains unfit and a significant threat as set out at pages 29 and 30. A transfer to Southwest with the addition of the recommended sub-paragraph is appropriate. Ms. Armenise adopted the hospital’s position. Ms. Francis indicated that there was now a joint submission adding that Mr. Kleingeld wishes to go to Southwest and that the suggested additional provision will provide him with greater freedom.

Analysis and Finding

16. In 2025 the Supreme Court of Canada released its decision in R. Bharwani, 2025 SCC 26, which provides the decisive interpretation of the definition of “unfit to stand trial” within the Criminal Code as well as the application of the “fitness test”.

17. Before the Supreme Court of Canada, Counsel for Mr. Bharwani argued that the fitness test required an accused:

to have analytical capacity, meaning that the accused must possess the ability to make rational decisions in the conduct of their defence

18. The Supreme Court of Canada dismissed the above noted argument, stating the following at paragraph 6, vis-à-vis “fitness to stand trial”:

… 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.

19. Dr. Van Impe last assessed Mr. Kleingeld’s fitness to stand trial in the hours preceding this May 6, 2026, hearing. At that time, Mr. Kleingeld was able to answer Taylor test questions to Dr. Van Impe’s satisfaction.

20. However, Mr. Kleingeld continues to believe he is being wrongfully held at Waypoint because his sentence has been served and as a result, there is no longer any need to return him to Court. This is not the case. As a result, Mr. Kleingeld continues to demonstrate a lack of 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. Therefore, notwithstanding that Mr. Kleingeld continues to make progress in his rehabilitation and no longer requires a high secure forensic envelope, he remains unfit at the date of this hearing. This panel of the Board therefore orders his transfer to Southwest with the added privilege of accompanied community passes once that transfer occurs.

21. In arriving at this Disposition, this panel of 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. Kleingeld’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