Re: Jeffrey Nichols
ORB File No: 5279
Hearing held on: Wednesday, May 6, 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: Jeffrey Nichols Counsel: Ms. C. Francis (by Zoom)
Person in charge of Hospital: Representative: Ms. T. Murdock
Attorney-General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DISPOSITION
(Dated June 10, 2026)
Introduction
On February 23, 2009, Jeffrey Nichols was found not criminally responsible on account of mental disorder on charges of breach of recognizance of bail and utter a threat to cause death or bodily harm, all contrary to the Criminal Code of Canada (the "Criminal Code"). Jeffrey is currently subject to a Disposition of the Ontario Review Board (the "Board") dated May 1, 2025, detaining him at the Waypoint Centre for Mental Health Care - High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint”), with privileges up to and including to live in the community in 24-hour a day specialized supervised accommodation approved by the person in charge.
On May 6, 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. Jeffrey was in attendance and was represented by his counsel, Ms. Francis.
Without Prejudice Position of the Parties
- Ms. Murdock, on behalf of the hospital, indicated that Jeffrey Nichols remains a significant threat as described at page 214 of the Hospital Report and that no changes were sought to the existing disposition. Ms. Armenise joined in the Hospital’s recommendation on behalf of the Attorney General. Ms. Francis stated that Jeffrey Nichols wants to be sent to Israel or Vancouver, although a Rule 13 request in that regard had not been submitted. She added that Jeffrey Nichols would like to go to a group home. Finally, that Jeffrey Nichols does not grasp the meaning of significant threat such that this would need to be addressed in questioning Dr. Mishra as her client no longer hits anyone.
Background and Index Offences
Jeffrey Allen Nichols, a 69-year-old individual of Ashkenazi Jewish descent, identifies as gender-fluid, sometimes requesting to be referred to as female and at other times as male. Currently preferred pronouns are they/them. Jeffrey Nichols prefers and agrees to be called by their first name during the hearing, which is reflected as such in these Reasons going forward.
The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“Charge 1: Utter Threat to Cause Death
Jeffrey Nichols on Thursday, June 5, 2008, at the Town of Whitby did by directly speaking knowingly utter a threat to [female victim’s name] to cause death to [the victim] contrary to the Criminal Code and amendments thereto.
At 1215 hours, the victim was monitoring the accused as he lay in bed in the quiet room at Whitby Mental Health Centre. The accused lifted his head off the bed and while looking at the victim stated, “Fucking bitch, you’re going to hell when you die. I’m going to kill you, you white Anglo bitch.” The victim did believe the accused has the means to follow through with his threat and as a result she feared for her safety.
Charge 2: Failure to Comply with Recognizance / Peace Bond
Jeffrey Nichols on Thursday, June 5, 2008, at the Town of Whitby did, while bound by a recognizance to keep the peace entered into on June 5, 2008, in front of Justice MacLean, fail without reasonable excuse to comply with the condition to keep the peace and be of good behaviour contrary to the Criminal Code and the amendments thereto.
Based on investigation conducted by the police with regards to the accused assaulting and threatening to kill the victim, [female victim’s name], the accused’s behaviour and actions were deemed to be breaching the condition of keep the peace and be of good behaviour.”
Current Diagnoses
Unspecified Bipolar and related disorder,
Unspecified Intellectual Developmental Disorder,
Unspecified Personality Disorder.
Evidence at Hearing
Dr. Mishra testified on behalf of the hospital. He agreed with both the contents of the Hospital Report as well as the risk assessment found at pages 212 to 214.
There have been no episodes of seclusion since September of 2025. Jeffrey resides on the Awenda Program, which is geared to patients with similar levels of need. Jeffrey’s room is closer to the nursing station, an area that is somewhat quieter. Jeffrey has been active in programming and recreational activities since the introduction of lurasidone in September of 2025. Jeffrey now has a C-2 security level which allows Jeffrey to be taken off the ward accompanied by staff. Following the introduction of lurasidone, Jeffrey’s behaviour has notably improved although irritability and sexually inappropriate comments continue. Overall, Jeffrey remains mentally fragile. Dr. Mishra added that staff on the Awenda Program know Jeffrey well which helps to mitigate Jeffrey’s level of risk. Absent ORB oversight the risk Jeffrey presents to the public would be elevated. Jeffrey remains treatment capable although staff have to cajole Jeffrey at times to take prescribed medications.
The search to find suitable community accommodation for Jeffrey is ongoing. Dr. Mishra advised that it is essential to identify the correct group home that can support Jeffrey and place Jeffrey with individuals of a similar age. DSO funding is already in place which will facilitate placement. Approved accommodation is essential. Jeffrey will require their own room as is the case at Waypoint and because there would be an immediate risk to the individual with whom Jeffrey shares a room.
Asked if Jeffrey has insight to continued verbal aggression, Dr. Mishra responded that it depends on Jeffrey’s state of mind at that moment. While there have been periods of seclusion during the past clinical year, there have been none in the last few months. Dr. Mishra attributes this to the introduction of lurasidone. Jeffrey’s level of personal care has also improved.
Responding to a panelist question Dr. Mishra agreed that because Jeffrey’s predatory sexual behaviours have diminished subsequent to the introduction of lurasidone it would be appropriate for a behavioural analyst to develop a plan to address Jeffrey’s pattern of sexual aggression, acting out behaviours and verbal threats. Dr. Mishra further agreed that this plan should emphasize the need to target the aforementioned areas given that they would be a greater problem if Jeffrey were to reside in the community. Dr. Mishra further agreed that he would support the addition of a weapons prohibition given that community placement is now being pursued.
Jeffrey briefly gave evidence. Jeffrey stated that Jeffrey wants to go to Israel or to Vancouver. In Vancouver he lived happily for many years and has a brother-in-law there, although there has been no contact with that individual for some time. Jeffrey then sang Edelweiss, a well-known song from the 1965 film The Sound of Music.
Closing Observations
- Ms. Murdock stated that the Hospital recommendation remained the same and that the Hospital did not oppose inclusion of a weapons prohibition. Ms. Armenise continued to join in the hospital’s recommendation. Ms. Francis stated that the parties were ad idem although she was unsure if a weapons prohibition was necessary.
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 Jeffrey 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 Jeffrey 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. Mishra that Jeffrey continues to pose a significant threat. The Board also relies on the Hospital Report and Dr. Mishra’s March 23, 2026, Risk Assessment contained therein. An extract from page 214 is reproduced below for ease of reference:
The ongoing displays of violence and aggression, combined with their psychiatric and behavioral challenges, poor insight, and repeated sexually inappropriate behaviors despite redirections, warrant continued detention and supervision in a high-security setting to mitigate the risk of harm to the public and those around them. If external support of the level of a high secure forensic facility and unit dedicated to manage individuals with presentation similar to Jeffrey, there is a risk that they may cease taking their medications, potentially have increased propensity of acting out violently, extreme use of verbal profanities, and acting sexually inappropriate toward others.
- Given the joint position of the parties and subsequent to its own independent review, this panel of the Board accepts that absent an ORB Disposition, Jeffrey would likely become non-compliant with prescribed medications which would lead to decompensation, 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 Jeffrey 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 Jeffrey 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 Jeffrey’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Jeffrey provides Jeffrey as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Jeffrey needs, the Board was attentive to the fragility of their mental state and the observed improvement to Jeffrey’s presentation, behaviour, and level of personal care subsequent to the introduction of lurasidone in September of 2025.
Early on in the reporting year Jeffrey was secluded from May 6 to 7, 2025 as a result of yelling and screaming and this threat:
Fuck you, you fucking cunt, I hope you die! I'm going to take a knife, stab you in the tits and heart and watch you die.
Of particular note is that Jeffrey has not had to be secluded during the months preceding this hearing, notwithstanding that irritability and sexually inappropriate comments continue.
Dr. Mishra evidence is that the search for appropriate community housing for Jeffrey is ongoing. He emphasized and the panel accepts that selecting the right group home for Jeffrey is critical if Jeffrey is to successfully transition to community living. Therefore, appropriate housing must be equipped to meet Jeffrey's needs and enable Jeffrey to live alongside residents of a similar age.
Funding through the Developmental Services Ontario (“DSO”) program has already been secured. This will help facilitate the placement process. However, it is also essential that Jeffrey be provided his own private room, consistent with his current living arrangement at Waypoint. This is not simply a matter of preference. Housing Jeffrey in a shared room would pose an immediate safety risk to the other occupant. The panel is hopeful that a suitable placement can be identified and encourages the Hospital to augment this likelihood by tasking a behavioural analyst to develop a plan which identifies mechanisms to address and control Jeffrey’s sexual aggression, verbal threats and acting out behaviours.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Jeffrey poses to the safety of the public while still meeting his needs remains a Detention Disposition with the addition of a weapons prohibition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Mishra 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, Jeffrey’s mental condition, Jeffrey’s 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
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Office of the Registrar Ontario Review Board