Re James M. McFarlane, 2026 CanLII 56732

Re: James M. McFarlane

ORB File No: 7703

Hearing held on: Monday, May 4, 2026

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Sections 672.81(1) and 672.81(2.1) 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: James M. McFarlane

Counsel: Ms. C. Francis (via Zoom)

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

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

REASONS FOR DECISION AND DISPOSITION

(Dated June 9, 2026)

Introduction

1. On March 11, 2020, James M. McFarlane was found not criminally responsible on account of mental disorder on charges of forcible entry, mischief - not exceeding five thousand dollars, assaulting a peace officer, false reporting an offence has been committed and failure to comply with probation order, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. McFarlane is currently subject to a Disposition of the Ontario Review Board (the "Board") dated May 6, 2025, detaining him at Brébeuf Program for Regional Forensics of the Waypoint Centre for Mental Health Care, Penetanguishene (“Waypoint”), with privileges up to attending a residential addiction treatment program located in the Province of Ontario, with indirectly supervised privileges for the purpose of attendance at such a program.

2. On May 4, 2026, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to ss. 672.81(1) and 672.81(2.1) of the Criminal Code of Canada. Mr. McFarlane was in attendance and was represented by his counsel, Ms. Francis.

Without Prejudice Position of the Parties

3. Ms. Murdock advised that with regard to Mr. McFarlane’s annual review a change to subparagraph 2(d) of the Disposition as set out at page 91 of the Hospital Report was recommended, so as to read:

2(d) to enter the community, within the catchment area of Waypoint Centre for Mental Health Care, indirectly supervised, and with an approved itinerary;

4. Secondly, Ms. Murdock stated that the subject Restriction of Liberties was warranted from its beginning and continues to be.

5. Both of the above noted positions were supported by Ms. Curry, on behalf of the Attorney General.

6. Ms. Francis advised that Mr. McFarlane agrees with the proposed amendment to the Disposition and is not contesting the ongoing presence of significant threat. Further, Mr. McFarlane is not contesting the restriction of liberty as he feels he needs to remain in hospital until a community placement is found. However, he denies allegations that he tested positive for the use of substances.

Background and Index Offences

7. Mr. McFarlane's full personal, legal, and psychiatric history is documented within Exhibit 1, the Hospital Report. The following is a brief summary of the key points.

8. Mr. McFarlane is 39 years old. He and his two younger siblings were raised by both parents in a stable household in North Bay. His mother worked as a teacher and his father was a manager with the Ministry of Corrections. Mr. McFarlane was diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”) at age six and was prescribed Ritalin as part of his treatment. His father had also been diagnosed with Bipolar Disorder.

9. His father was his primary source of personal support and previously served as his Substitute Decision Maker (“SDM”). His father died by suicide in 2022. This represented a significant loss of both personal and legal support for Mr. McFarlane.

10. Mr. McFarlane enrolled in a psychology program at Nipissing University but left after his first year without completing the degree. He also began music studies while living in Kingston, Ontario, but did not finish that program either. He successfully completed a welding program in Sudbury.

11. Mr. McFarlane has never been married and has no dependants.

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

“On January 3, 2017, Mr. McFarlane was on a court ordered probationary period when he forcibly entered a female’s apartment. He left the apartment after she threatened to call police. He was apprehended and taken into custody. Later that day, he struck a police officer and spat in his face. Mr. McFarlane knew that he was Hepatis C positive at that time.

Further, on July 22, 2019, Mr. McFarlane called 911, gave a false name and reported that apparently a child and three others were being held hostage by a man with a gun. Police attended and began preparing for a hostage situation. After further investigation, it was revealed that Mr. McFarlane had called 911 multiple times in a similar nature, all of which indicated that Mr. McFarlane had made false calls to police.”

Current Diagnoses

• Schizoaffective Disorder, bipolar type,

• Amphetamine Type Substance Use Disorder, moderate, in early remission,

• Cannabis Use Disorder, moderate, in early remission.

Evidence at Hearing

13. Dr. Jones accepted and agreed with the contents and recommendations contained in the Hospital Report. She advised that Mr. McFarlane suffered serious gallbladder inflammation this past reporting year which required hospitalization and that he will require surgery for this condition in the fall.

14. Mr. McFarlane’s February 11, 2026, readmission followed repeated positive tests for substances. He consistently denied having used substances but later admitted drinking entire bottles of cough syrup to get high. There were also positive test results for alcohol, Benadryl and Trazadone, as well as concerns regarding the use of ethanol and hand sanitizer. When staff visited his residence empty cans of Twisted Tea were noted. The concerns surrounding substances relate to escalation of use associated with the re-emergence of psychosis.

15. After residing in a transitional apartment for almost two years it became evident that Mr. McFarlane lacked the necessary skills for independent living due to his inability to manage medication, ongoing substance use and poor levels of cleanliness. Mr. McFarlane is now on a waitlist for a staffed group home within the Waypoint catchment area. Dr. Jones added that it is unlikely, but not impossible that Mr. McFarlane will develop independent life skills. However, at this juncture he requires approved accommodation. His readmission was tied to accommodation ill-suited to his level of functioning, repeated substance use and poor cleanliness.

16. Mr. McFarlane recently stated that he wants to live independently in Barrie. There he would not have the support of the TRHP staff and would unlikely be able to manage successfully. Further, his concept of a suitable apartment would not correspond to the Hospital’s.

17. The plan for the upcoming clinical year is to support Mr. McFarlane subsequent to his gallbladder surgery as he awaits a group home placement anticipated in the next six to 12 months.

18. A Montreal Cognitive Assessment test was arranged for Mr. McFarlane because he continues to voice that clozapine should be stopped due to its negative impact on his memory. He declined to participate. Dr. Jones added that Mr. McFarlane has a history of ADHD.

19. Ms. Francis enquired if the removal of thirteen of Mr. McFarlane’s teeth over the reporting period may have played into his escalation of substance use. In response, Dr. Jones referenced Mr. McFarlane’s use of dextromethorphan, a cough suppressant not taken for pain. Further, Mr. McFarlane acknowledged using dextromethorphan to get high. Dr. Jones opined that Mr. McFarlane continues to have cravings which he minimizes in order to give a positive impression.

20. Mr. McFarlane enjoys music and keeps a guitar on the unit. He records and performs his own songs. Responding to questions from the panel, Dr. Jones opined that a polysubstance abuse diagnosis, which is no longer in the DSM-5, is appropriate. This is because in addition to dextromethorphan, there is a long list of other substances that Mr. McFarlane has abused over the years. Dr. Jones noted that since the fall of 2025, Mr. McFarlane is receiving naltrexone, 15 mg per day. Some of the positive urine drug screens were recorded subsequent to the start of the prescribed naltrexone in the fall of 2025. Reference was made to page 82 of the Hospital Report and a positive finding for ethanol.

21. Mr. McFarlane gave evidence. He advised that naltrexone, meant to combat cravings for alcohol and cocaine, was working well. He added that throughout this past fall and winter he has not consumed drugs and disputes that empty sanitizer bottles were found in his apartment. As a result of the naltrexone, Mr. McFarlane no longer thinks about using alcohol or cocaine. He added that coffee is no longer appealing to him as is the case with certain foods.

22. Another panelist noted that Mr. McFarlane was started on Ozempic which is also noted to reduce cravings. Dr. Jones responded that Ozempic was started in September of 2025 but discontinued due to Mr. McFarlane’s gallbladder condition.

Closing Observations

23. Neither Ms. Murdock nor Ms. Curry had anything to add. Ms. Francis submitted that her client agrees that he needs to remain in hospital until supportive housing can be found. However, he takes issue that he tested positive for substances as referenced within the Hospital Report and which forms part of the rationale of the restriction of liberties.

Analysis and Decision

(a) Significant Threat

24. 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.

25. In determining whether Mr. McFarlane 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.

26. The Board unanimously finds that Mr. McFarlane 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. Jones that Mr. McFarlane continues to pose a significant threat. The Board also relies on the Hospital Report and more specifically the contents of the Dr. Jones’ March 17, 2026 Clinical and Composite Assessment of Risk contained therein at pages 89-91.

27. Dr. Jones’ uncontroverted expert evidence is that her patient has a history of rapid relapse of illness followed by criminal recidivism tied to mental disorder. The following excerpt, taken from pages 90-91 indicates why he remains a significant threat to public safety.

His actuarial scores also support this conclusion. Absent ongoing treatment, mental health supports, and legally mandated abstinence from substances, it is anticipated that Mr. McFarlane would quickly show worsening of his psychosis and the consequent return of previous behaviours.

28. Given the joint position of the parties and following an independent analysis, this panel of the Board accepts that absent an ORB Disposition, Mr. McFarlane would likely become non-compliant with prescribed medications which would lead to decompensation, followed by 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. McFarlane will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

(b) Disposition

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

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

31. In considering Mr. McFarlane needs, the Board was attentive to his resolute denial through his counsel that he previously tested positive for the use of substances However, laboratory evidence to the contrary confirms repeated substance use. This includes, as set out at page 82 of the Hospital Report:

• Dextromethorphan (x17),

• cannabinoids (x1),

• Benadryl (x1),

• ethanol (x2),

• non-prescribed Trazadone (x1)

32. Over, the last two years Mr. McFarlane has shown he currently lacks the skills to live independently. Repeated substance use, inconsistent medication management and poor levels of cleanliness were identified as the rationale for his February 11, 2026, readmission/Restriction of Liberties. As a result, he remains in Hospital and has been placed on a waitlist for an approved group home capable of providing the requisite levels of supervision.

33. Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. McFarlane poses to the safety of the public while still meeting his needs remains a Detention Disposition. The Hospital continues to require the ability to approve Mr. McFarlane’s accommodation and readmit him expeditiously due to his history of rapid relapse and ongoing risk of substance use. This panel of the Board is nevertheless encouraged by Mr. McFarlane’s statement that naltrexone has helped reduce his cravings for substances.

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

(c) Restriction of Liberties

35. The Board understands that it remains necessary at this juncture to detain Mr. McFarlane for the reasons described within the preceding Disposition heading but is confident that the Hospital will only continue Mr. McFarlane’s hospitalization until such time as, at the discretion of the person in charge, he can be safely discharged into the community.

36. The Board has therefore concluded that the decision of the Hospital to significantly increase the restriction of Mr. McFarlane liberties on February 11, 2026, was warranted and remains the least onerous and least restrictive decision to the date of this hearing in order to fully re-stabilize his mental stability and safely manage his risk of harm to others.

DATED this 9th 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