Re Patrick Duguay, 2026 CanLII 56721

Re: Patrick Duguay

ORB File No: 6194/6203

Hearing held on: Friday, May 8, 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. Darby

Dr. L.O. Lightfoot

Ms. C. Murray

Ms. M. McKinnon

Parties Appearing:

Accused: Patrick Duguay

Counsel: Mr. M.J. Davies

Person in charge of hospital: Counsel: Ms. J. Lefebvre

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

REASONS FOR DISPOSITION

(Dated May 20, 2026)

Introduction

1. On September 4, 2012, Mr. Patrick Duguay was found not criminally responsible on account of mental disorder (“NCR”) on charges of murder and arson – damage to property, all contrary to the Criminal Code of Canada (the “Criminal Code”). Further, on September 19, 2012, Mr. Duguay was found NCR on charges of aggravated assault, mischief not exceeding $5000, and assaulting a peace officer all contrary to the Criminal Code.

2. On May 8, 2026, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Duguay’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Duguay was ordered detained at the High Secure Provincial Forensic Programs, Waypoint Centre for Mental Health Care (“Waypoint” or “the hospital”), with privileges up to and including hospital and grounds privileges, beyond the secure perimeter, escorted by staff.

3. Mr. Duguay was present at the hearing. He was represented by counsel, Mr. Michael J. Davies, throughout the proceedings. A French interpreter attended to provide interpretation, as required. Mr. Duguay did not require interpretation during the hearing.

4. Exhibits were entered as follows:

5. Hospital Report dated March 31, 2026;

6. Rule 13 Response from Dr. DeFreitas on behalf of the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) – undated;

7. Rule 13 Response from Dr. Melanie Strike on behalf of The Royal Ottawa Mental Health Centre (“The Royal”) dated April 27, 2026;

8. Rule 13 Response from Alicia Quinn on behalf of The Royal, Brockville Forensic Treatment Unit (“Brockville”) dated April 27, 2026.

9. The issues to be determined are whether Mr. Duguay continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

10. For the reasons set out below and based on the evidence before us, the Board found that Mr. Duguay continues to represent a significant threat to the safety of the public. The Board finds that the continuation of the Detention Disposition at Waypoint is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Duguay’s mental health, reintegration into society, and his other needs.

Current Psychiatric Diagnoses

7. Cannabis Use Disorder, moderate; and

Other Specified Personality Disorder

Initial Position of the Parties

8. At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, represented by Ms. Lefebvre, supported by counsel for the Attorney General, Ms. Armenise, took the position that Mr. Duguay continues to represent a significant threat to the public and the necessary and appropriate Disposition is a Detention Order with a transfer to Brockville or The Royal with the following terms and conditions:

a) to attend within or outside of the hospital for necessary medical, dental,

legal or compassionate purposes;

b) hospital and grounds privileges, escorted by staff;

c) hospital and grounds privileges, accompanied by staff;

d) abstain absolutely from the use of alcohol or drugs or any other

intoxicant including cannabis products, unless prescribed by the

person in charge;

e) submit samples of his urine and/or breath to the person in charge of

Brockville Mental Health Centre/the Royal Ottawa Mental Health

Centre, or his or her designate, for the purpose of analyzing whether

the accused has ingested alcohol, drugs, or any other intoxicant;

f) Refrain from having in his possession any firearm, ammunition, or

other offensive weapons, or being in the company of any person

possessing a firearm other than a peace officer; and

g) Refrain from having in his possession any incendiary device or

materials.

Should the Board order Mr. Duguay’s transfer to either Brockville Mental

Health Centre or the Royal Ottawa Mental Health Centre, the hospital

recommends, in anticipation of the waiting period before such transfer could

occur, terms that vest authority in the Person in Charge at the High Secure

Provincial Forensic Programs Division at Waypoint Centre to detain Mr.

Duguay pending transfer with the following privileges and conditions:

a) to attend within or outside of the hospital for necessary medical, dental,

legal or compassionate purposes;

b) hospital and grounds privileges, beyond the secure perimeter, escorted

by staff;

c) abstain absolutely from the use of alcohol or drugs or any other

intoxicant including cannabis products, unless prescribed by the

person in charge;

d) submit samples of his urine and/or breath to the person in charge of

the Waypoint Centre for Mental Health Care, or his or her designate,

for the purpose of analyzing whether the accused has ingested

alcohol, drugs, or any other intoxicant;

e) refrain from having in his possession any firearm, ammunition, or other

offensive weapons, or being in the company of any person possessing

a firearm other than a peace officer; and

f) refrain from having in his possession any incendiary device or

materials.

9. Counsel for Mr. Duguay conceded significant threat. He advised that Mr. Duguay would like to be transferred to Brockville and agrees with the conditions and privileges proposed by the hospital.

Index Offences

10. The circumstances giving rise to the Index Offences are extracted from last year’s Board Reasons for Disposition, with redaction of victim information, as follows:

“Murder and Arson (damage to property): Offence Date - March 6, 2008:

The accused assaulted the elderly male victim who was in bed resting. He beat the victim using his hands, elbows and knees causing severe injury to the victim’s head and chest area including multiple fractures of the skull and rib cage. At one point, the accused jumped on the victim using his knees while the victim was on the floor. [The victim] died from the severe beating.

The accused confirmed the victim was deceased by checking for a pulse. He removed a blanket from the bed and wrapped the victim in it. The accused then dragged the victim by his feet from the bedroom into the hallway down to another bedroom at the rear of the trailer. A pattern of blood transfer was left as a result of this movement. The accused placed the victim on the bed with his head near the middle of the bed and his legs hanging over the end of the bed in an angular manner. The accused then bundled a

quantity of tissue paper on the bed where the victim had been placed and, using a match found within the premises, he lit the tissue on fire igniting the bedding material. The fire spread to the rest of the bedroom engulfing the victim in the fire. The accused closed the door to the bedroom then went to the initial bedroom of the victim where the death had occurred. Using another bundle of tissue, he placed it on the bed and ignited the tissue

which spread to the bedding material and ceiling of the bedroom.

Aggravated Assault: Offence Date - September 20, 2008:

The victim and the accused Patrick Duguay were secured in their joint

cell at the Monteith Correction Complex for the evening. There had been no altercations or hostilities between the two subjects during the past year. Sometime during the early morning hours, the victim was struck on the left shoulder with an unknown object while he slept. He sat up on his lower bunk and was immediately kicked in the face by Duguay who began to strike him repeatedly on the face. He was injured as a result of this initial attack, bleeding from the ears and had a large footwear impression on his face.

The second attack involved Duguay using two hands to choke the victim, periodically releasing one hand to strike the victim about the face. This attack lasted close to ten minutes.

Mischief and Assault Peace Officer: Offence Date - October 27, 2008:

At approximately 2200 hours at the Monteith Correctional Complex, a fire alarm went off in the segregation area. Staff responded and discovered that the problem was in Cell 1, Block 1, occupied by Duguay, Patrick. It was evident that he had tampered with the fire alarm in his cell, which was located on the ceiling and protected by a ‘mesh cage.’ The offender had removed both the ‘cage’ and a good portion of the alarm assembly, which

now was a weapon that could potentially be used against staff. The on-call person was contacted to seek permission to activate ICIT (Institution Crisis Intervention Team). The on-call person agreed to have the ICIT on standby as staff were not in immediate danger. The ICIT entered the cellblock approximately 0030 hours. They used Mark IV, MK 46 munitions, as well as batons and leg irons and handcuffs. Duguay was removed from the cellblock at approximately 0100 hours and brought to Admitting and Discharge for decontamination. Four ICIT members were injured in the incident.”

Background, History and Course Since Last Disposition

11. The Hospital Report contains extensive information regarding Mr. Duguay’s background and history, which need not be repeated here in detail. However, the following particulars are noteworthy.

12. Mr. Duguay is a 41-year-old single Franco-Canadian man born in Hearst, Ontario. He has a high school education. He last worked in 2004/2005 for three months at a hotel in Hearst.

13. Prior to late September 2022, Mr. Duguay had been living in an apartment in Ottawa. He was readmitted to The Royal on September 27, 2022, due to a decline in his mental status. During that admission, on October 10, 2022, Mr. Duguay assaulted staff at The Royal, behaviour that ultimately led to him being transferred to Waypoint’s high secure facility on May 16, 2023. On August 23, 2023, Mr. Duguay pled guilty to the charge of assault on the staff at The Royal. A ten-year weapons prohibition was put in place at that time.

14. Mr. Duguay has a long history of aggression and violent behaviour in addition to the index offences. He has a criminal record that includes violence and multiple convictions for failing to comply with court orders.

15. Mr. Duguay resided on the Forensic Assessment Program (“FAP”) at Waypoint throughout the reporting year. On occasion, he has made veiled threats to harm staff. He has not, however, physically aggressed this reporting year. He has exhibited inappropriate behaviour with female staff. His security level was dropped to C2 for a short time when he was observed “chasing after the housekeeper” on the ramps. Mr. Duguay has maintained the highest security level, C5, since the end of November 2025. C5 allows Mr. Duguay independent off-unit access for up to four hours at a time within the high secure perimeter.

16. A Crisis Prevention Plan (“CPP”) is used to manage Mr. Duguay. The CPP details behaviours known to be early warning signs of potential escalation and provides strategies to minimize the intensity of his upset. The CPP ensures that there is consistency amongst staff relating to the setting of boundaries and initiating of consequences, should they be necessary.

17. A psychotherapist met with Mr. Duguay in September 2025 at Mr. Duguay’s request. Mr. Duguay reported to her that Dialectical Behaviour Therapy (DBT) had been ordered at his last Ontario Review Board hearing, and he said that he would like to complete DBT treatment “as a means to work towards transfer” (September 17, 2026). However, as documented, he then “indicated that he does not have anything to learn with respect to DBT or CBT as he has learned these skills in the past”. Throughout their discussion, Mr. Duguay made statements suggestive of his being “detained for no reason and as a result is subject to abuse and torture”. The psychotherapist noted that Mr. Duguay does not seem to have any insight or ability to take responsibility for his actions. On September 30, 2026, the psychotherapist noted that Mr. Duguay appears to be in the pre-contemplative stage of change and is invested in unhealthy behaviours.

18. Multiple psychological assessments and measures were administered this year including the following:

19. Brief Cognitive Status Exam (BCSE) subtest of the Weschler Memory

Scale-IV (WMS-IV)

2. Wide Range Achievement Test-5 (WRAT-5) Word Reading and

Sentence Comprehension subtests

3. Shipley Institute of Living Scales-2 (SILS-2) screening measure of

intellectual ability

4. Adult ADHD Self-Report Scale (ASRS)

5. Baratt Impulsivity Scale-11 (BIS-11)

6. Alcohol, Smoking and Substance Involvement Screening Test

(ASSIST v 3.1)

7. Miller Forensic Assessment of Symptoms Test (M-FAST)

8. Structured Inventory of Malingered Symptomatology (SIMS)

9. Personality Assessment Inventory (PAI)

10. Minnesota Multiphasic Personality Inventory-2 (MMPI-2)

11. On February 1, 2026, Mr. Duguay became the FAP ward worker, which is an employment opportunity that allows him to contribute to the overall cleanliness of the unit. He has been successful in this position.

12. Mr. Duguay has virtual visits and phone calls with his mother who is a good support for him. She lives a nine-hour drive from Waypoint.

Oral Evidence at the Hearing

21. Dr. C. Hudson, Mr. Duguay’s psychiatrist and co-author of the Hospital Report, testified at the hearing as set out below.

22. Dr. Hudson highlighted a change of Mr. Duguay’s diagnosis. He no longer carries the diagnosis of schizophrenia. Mr. Duguay has not been treated with antipsychotic medications since his arrival at Waypoint three years ago. There has been no evidence of psychosis. Psychometric testing conducted this past reporting year provided no evidence of schizophrenia. Mr. Duguay does not have cognitive dysfunction which would be unusual if he had untreated schizophrenia for three years. He experiences psychosis with substance use.

23. Mr. Duguay does not take ownership for any of his actions that landed him under the jurisdiction of the ORB. His personality traits make it difficult to treat him.

24. Even though Mr. Duguay was not violent over the reporting period, there was an incident that required his brief seclusion in October 2025. Mr. Duguay remains a significant threat to the safety of the public. Dr. Hudson testified that Mr. Duguay has a significant history of violence and requires treatment. However, it is his opinion that Mr. Duguay does not need to remain in the maximum secure environment of Waypoint. He stated, “I think he would do better in a less secure environment if he has treatment with dialectical behaviour therapy (“DBT”), cognitive behaviour therapy (“CBT”), and addictions counselling.”

25. Dr. Hudson stated several times that Mr. Duguay needs to actively engage in the therapies. He testified that Mr. Duguay shouldn’t have exposure to substances until he meaningfully engages in DBT, CBT, and addictions counselling. If Mr. Duguay has access to substances, it will be difficult for him since he still has urges to use substances. Dr. Hudson stated that he is not in support of Mr. Duguay having indirectly supervised privileges because he has a high risk of using substances, especially cannabis. He stated, “there would be ample opportunity to use cannabis again if unsupervised.”

26. Dr. Hudson testified that Mr. Duguay’s challenging behaviours can be managed in a less secure hospital. He only had a brief period of seclusion for environmental aggression this year.

27. In response to questions of the Crown, Dr. Hudson testified that, although there has been a change of diagnosis this year from schizophrenia and antisocial personality disorder to “maladaptive personality disorder with a history of psychosis when abusing drugs or alcohol”, Mr. Duguay’s diagnosis of cannabis use disorder remains. Dr. Hudson agrees that “maladaptive personality disorder” is not a DSM5 diagnosis but the consequences of his personality traits are antisocial activities, paranoia, and he does not take responsibility for his behaviours. Mr. Duguay has exhibited some positive changes but only time will tell if the changes are genuine and consistent.

28. Dr. Hudson stated that in the absence of significant aggression, it would be “worth trying Mr. Duguay in a medium secure setting.” Dr. Hudson testified that Mr. Duguay is saying all the right things, such as stating he will agree to CBT, DBT, and addictions counselling, but he would like to see Mr. Duguay be actively involved in these therapies. Mr. Duguay will need to be actively involved in addictions treatment before he will be able to enter the community.

29. Dr. Hudson stated that it might be helpful for Mr. Duguay to accept treatment with an antipsychotic medication to dampen the impulsivity and paranoia that arises from the personality disorder. However, Mr. Duguay is adamantly opposed to taking any antipsychotics.

30. In response to questions of Mr. Davies, Dr. Hudson testified that he is told that Mr. Duguay enjoys playing and creating music and he would like to see Mr. Duguay have an opportunity to continue to explore his music. Dr. Hudson agreed with Mr. Davies that Mr. Duguay benefits from being around patients who are doing well and that being in a less secure hospital would encourage Mr. Duguay. Dr. Hudson again pointed out that Mr. Duguay needs therapy to get him to the point that he will take responsibility for the actions that landed him in the forensic system.

31. Dr. Hudson does not have concerns with Mr. Duguay having indirect privileges within the hospital building. He also does not have concerns with Mr. Duguay having privileges to enter the community escorted by staff, though that privilege would need to provide a lot of structure. Given the seriousness of the murder and the assault on staff, the granting of privileges must be structured and slow.

32. In response to questions of the panel, Dr. Hudson stated that The Royal had a lower staff to patient ratio when he assaulted the staff. At Waypoint, in the case of this type of behaviour there would be a big Code White response to manage an assault of that nature.

33. Medications would assist to mitigate paranoia that arises from Mr. Duguay’s personality disorder, and behaviour therapies would also be useful. If Mr. Duguay is experiencing micro psychotic episodes, then antipsychotic medication would help him.

34. It was very helpful for Mr. Duguay to participate in the psychological assessments so that treatment can target the psychiatric issues more appropriately.

35. Dr. Hudson agreed that the diagnoses should be Cannabis Use Disorder and, as per the DSM5, Other Specified Personality Disorder (with antisocial, paranoid, narcissistic and borderline personality traits).

36. Dr. Hudson believes that substances in addition to alcohol were used by Mr. Duguay at the time of the index offences, causing him to be in a psychotic state. The use of substances by Mr. Duguay again may result in a psychotic state accompanied by violence. Mr. Duguay has limited insight into the risk of using substances. He has now indicated a willingness to participate in substance use treatment but has yet to begin such treatment. Dr. Hudson indicated that even a small amount of cannabis use is not safe for Mr. Duguay.

37. A member of the panel asked Dr. Hudson if it would be important to first see how Mr. Duguay functions on the less structured Beausoleil unit at Waypoint rather than moving him to a less secure hospital. Dr. Hudson agreed that it would be useful to do so.

38. Dr. Hudson was surprised that the PCL-R score was only 10 given Mr. Duguay’s level of aggressiveness.

39. Mr. Duguay has been more engaged than usual over the course of the past four months. Dr. Hudson stated that Mr. Duguay engages in impression management. However, Dr. Hudson does not believe that Mr. Duguay would be able to maintain impression management for four months. Dr. Hudson clarified that addictions treatment, DBT and CBT are a lifelong need for Mr. Duguay. Dr. Hudson agreed that it would be important for Mr. Duguay to meaningfully engage in CBT before transfer.

40. A member of the panel asked Dr. Hudson if knowledge of the updated diagnoses, tweaked during this hearing, would change the Rule 13 response opinions of Royal Ottawa or Brockville. Dr. Hudson stated that it may or may not change their opinions.

Submissions

41. Prior to the commencement of submissions, Mr. Davies requested that, in the event of a transfer, a term be added to the Disposition to allow indirectly supervised privileges within the hospital building and, also, a term for Mr. Duguay to have access to the community escorted by staff. Ms. Lefebvre and Ms. Armenise agreed that the addition of these privileges would be appropriate in the event of a transfer.

42. Ms. Lefebvre submitted that she maintains her initial position with the addition of the clauses recommended by Mr. Davies. She noted that The Royal’s Rule 13 response incorrectly stated that Mr. Duguay has been refusing treatment for three years. In fact, medication has not been proposed for Mr. Duguay in three years. She added that it was Dr. Hudson’s evidence that medication to treat Mr. Duguay’s paranoia arising from his personality traits would be helpful. Mr. Duguay had a positive year and did not commit violence to others, though he has engaged in posturing and was secluded once for environmental aggression. Ms. Lefebvre submitted that these behaviours can be managed in a less secure setting. Dr. Hudson would prefer that Mr. Duguay be transferred to Brockville and recommends slow and cautious progress.

43. Ms. Armenise adopted the submissions of the hospital.

44. Mr. Davies agreed with the hospital submissions. He conceded the issue of significant threat to the public and stated that a Detention Order is necessary and appropriate. He submitted that Mr. Duguay would prefer to be transferred to Brockville. A transfer to Brockville would allow Mr. Duguay to see other individuals progressing through the forensic system which would encourage him to continue on the positive trajectory he has been on for the past year. Mr. Davies pointed out that Mr. Duguay is very keen to continue playing and creating music and it is important to continue with his musical pursuits.

Analysis and Conclusions

45. Having heard and considered the entirety of the evidence as well as the joint submissions from the parties, the Board finds that Mr. Duguay remains a significant threat to the safety of the public.

46. Mr. Duguay has a long history of violence. He suffers from Other Specified Personality Disorder and Cannabis Use Disorder. The Board agrees with and relies on Dr. Hudson’s Clinical Assessment of Risk found at page 117 of the Hospital Report, and extracted as follows:

“Notably, he does not suffer from Schizophrenia but does suffer from a

mixed personality disorder which is characterized by the Clinical

Psychologist as follows:

Personality testing indicated presence of maladaptive personality

traits that likely have been longstanding barriers to psychosocial

adjustment which is consistent with notes on file. Findings suggest

extraversion, engaging communicative style accompanied by self

confidence and grandiosity. Findings also note a personality pattern

of cognitive rigidity, externalizing attributional style, low frustration

tolerance and difficulties in interpersonal relationships.

This personality profile and style is consistent with my efforts to assess

and treat Mr. Duguay. He was very suspicious of me for many months

stating at times that he would only agree to speak to me if his lawyer was

present. This guarded stance shifted over time but he still struggles to

accept the reasons for his detention and the need for addictions treatment

which is paramount in my opinion, given the role alcohol and illicit drugs

likely played in his current risks and indeed his murder of his step-father

which occurred in the context of acute intoxication.

In light of all this evidence, I am inclined to view that his diagnosis is not

that of schizophrenia but rather a maladaptive personality disorder with a

Mr. Dugay been more agreeable to meeting with me in the past few

months and I have a better sense of his overall presentation. I have

emphasized repeatedly the importance of addiction therapy, and he

appears to be accepting of that form of therapy, but this will need to be

constantly emphasized. He is receptive but this issue will require

significant emphasis in the future.

47. Mr. Duguay has used cannabis and alcohol while under an ORB Disposition. Mr. Duguay experiences a decompensation of his mental status including symptoms of paranoia, disorganized speech and increased irritability after using substances. He has a history of using manipulative tactics to have his needs met. He has a history of uttering threats. He demonstrates a pattern of treatment non-compliance both in and out of hospital. Mr. Duguay diminishes his past violence, at times stating that he has never been violent, even following past violent attacks on staff.

48. Mr. Duguay’s behaviours are currently managed by a CPP. This has led to some success for Mr. Duguay and has led to him achieving a C5 security level. Without the CPP and close supervision of the treatment team, including their detailed and specific knowledge and understanding of his behaviours, Mr. Duguay would likely engage in violence or threaten violence, as was common in the past both in and out of hospital.

49. While there have been improvements in Mr. Duguay’s behaviours this year, he has bullied and pressured co-patients at times. It is very concerning to this panel that Mr. Duguay exhibited inappropriate behaviour with a female cleaning staff this year causing her to take refuge in the Spiritual Care Centre, while he lingered outside the room for a few minutes. Also, in 2024 Mr. Duguay was reported to have been following a housekeeper.

50. In concluding that Mr. Duguay continues to represent a significant threat to the public, the Board agrees with and relies on the risk assessments outlined in the hospital report.

51. In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.

52. The March 5, 2026, HCR20 notes that there is an ongoing presence of violent ideation, verbal aggression, and hostile affect towards staff. Mr. Duguay frequently pushes the boundaries and rules of the hospital. He has yet to meaningfully engage in DBT, CBT, and addictions counselling. The psychotherapist noted that he was in the “precontemplative stage of change”. The need for addictions treatment is paramount given the role that substances played in the index offences. The panel takes notice of Dr. Hudson’s evidence that Mr. Duguay is now saying all the right things, but only time will tell if he actually meaningfully engages in the treatments with consistency.

53. Mr. Duguay committed an extremely violent index offence and violence continued even in the context of a secure hospital setting. He minimizes his assaultive behavior and was, this year, noted by the psychometrist to be unable to take responsibility for his behaviour. Mr. Duguay’s management on the CPP is indicative that he continues to require detention in a secure forensic hospital environment to manage his risk to the safety of others.

54. The panel finds that a Detention Disposition continues to be necessary and appropriate. This was not challenged by any of the parties.

55. The Board went on to consider the issue of a transfer to a less secure hospital, specifically Brockville (though our comments apply to Ottawa and Ontario Shores as well). The Board unanimously agreed that Mr. Duguay needs to continue to be detained at Waypoint for a longer period of stabilization.

56. The Board is cognizant of Mr. Duguay’s improved behaviours in the past four months, and we congratulate him for the great efforts he has made during that time. The Board encourages him to continue on this positive trajectory. However, this is a very short period of improvement, especially in light of the fact that he has not yet meaningfully participated in CBT, DBT, or addictions treatment. These treatments are critical to his progress, especially given that he refuses medications that have the potential to improve his impulsivity and paranoia. Despite stating he wants to change, Mr. Duguay has not engaged in treatment sufficiently to address his significant risk factors. There are clear maladaptive personality traits for which he requires consistent treatment with genuine engagement.

57. Notably, Mr. Duguay has not yet accepted addictions treatment, though he says he would like to start a group in hospital. He denies any problem with substances and states that he has not used substances in a long time; Collateral records indicate he used cannabis and alcohol as recently as 2022. In 2024, Mr. Duguay received a package to the hospital containing an electronic device and a white substance that tested positive for an illicit substance. Following substance use, Mr. Duguay’s mental state decompensates with symptoms of paranoia, disorganized speech, and increased irritability. If transferred to a less secure facility, it is likely that Mr. Duguay will have increased access to substances. With greater access to substances, it is likely that he will use again given the lack of therapeutic interventions to address this risk factor.

58. The Rule 13 response letters from Brockville, The Royal, and Ontario Shores do not support Mr. Duguay’s transfer to any of their facilities.

59. In his oral evidence, Dr. Hudson agreed that it would be important to see how Mr. Duguay functions on the Beausoleil unit prior to a transfer to a medium secure forensic hospital. The panel suggests that Mr. Duguay may appropriately be tested on the Beausoleil unit this coming year to determine if his behaviours are manageable on a less structured unit.

60. The Board appreciates that the parties put forward a joint submission that Mr. Duguay be transferred to a less secure facility. The panel does not reject this joint submission lightly. As the Court of Appeal stated in Hassan (Re), 2011 ONCA 561, [2011] O.J. No. 3800 at para. 24, the Board “ought to tread cautiously” before making an order that restricts the accused’s liberty beyond that which the hospital and Crown believe is necessary. However, the panel relies on the court’s comments at para. 25, as follows:

“However, the Board does not necessarily err because it declines to follow a hospital’s or Crown’s recommendation. Automatically adhering to the position of a hospital or Crown would mean abdicating its own role. A review board is composed of medical and legal experts with specialized knowledge and experience in mental health and in risk assessment and management. Parliament has vested these boards with authority to make their own independent and often difficult determinations after weighing the package of factors in s. 672.54 of the Code.”

61. Dr. Hudson indicated that he would consider re-scoring Mr. Duguay’s PCL-R given its unusual result. The Board recommends that the hospital arrange for the PCL-R to be re-scored prior to Mr. Duguay’s next annual hearing.

62. Mr. Duguay has expressed an interest in music and hopefully he will continue his positive musical pursuits while at Waypoint and beyond.

63. The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is a continuation of the Detention Order at Waypoint on the same terms as last year, as set out in our formal Disposition.

DATED this 20th day of May 2026, at the City of Toronto, in the Toronto Region.

Ms. C. Murray

Legal Member

___________________

Office of the Registrar

Ontario Review Board