Ontario Review Board
Re: Murray Jerry Klein
ORB File No: 4295
Hearing held on: Wednesday January 21, 2026
Place of Hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. P. Darby
Dr. K. Patel
Ms. C. Murray
Ms. D. Smith
Parties Appearing:
Accused: Murray Jerry Klein
Counsel: Mr. T. McIver
The Person in Charge of Hospital Representative: Ms. T. Murdock
Attorney-General of Ontario: Counsel: Ms. S. Curry
AMENDED REASONS FOR DISPOSITION (Dated February 3, 2026)
Please see underlined change to original reasons made February 11, 2026
Introduction
[1]. On October 18, 2005, Mr. Murray Jerry Klein was found not criminally responsible on account of mental disorder on a charge of second-degree murder contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board ("the Board") dated February 12, 2025, ordering that he be detained at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs Division, Penetanguishene ("the Hospital"), with privileges up to and including hospital and grounds privileges beyond the secure perimeter of the Hospital escorted by staff.
[2]. On Wednesday, January 21, 2026, and the Board convened a hearing to review Mr. Klein's disposition pursuant to section 672.81(1) of the Criminal Code. The issues to be determined at the hearing were whether Mr. Klein continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, to decide what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Initial Positions of the Parties
[3]. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. All parties jointly recommended the continuation of the current Detention Order without change. Counsel for Mr. Klein conceded that significant threat was not an issue.
Evidence at the hearing
[4]. The evidence at the hearing consisted of the Hospital Report dated November 5, 2025, and the oral evidence of Dr. Ismail, Mr. Klein's most responsible physician.
Findings:
[5]. For the Reasons that follow, the Board finds that Mr. Klein continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order without change.
Index Offences:
[6]. The circumstances surrounding the index offence as summarized in the last year's reasons for disposition are as follows :
On January 17, 1999, Mr. Klein was residing with his mother. During the course of an argument over Mr. Klein's medications, he grabbed a knife and stabbed his mother in the back. When his brother arrived at the residence, Mr. Klein indicated that his mother was not feeling well. Subsequent investigation revealed that she died from one stab wound to the left lung.
Background Information Regarding the Accused:
[7]. As of the date of the hearing, Mr. Klein was 70 years of age and was born and raised in Toronto. His biological parents divorced when he was very young, and his father moved to Israel. There has been limited contact between Mr. Klein and his father since then. His mother remarried when Mr. Klein was five years of age, and he was adopted by his stepfather. Both parents were Holocaust survivors. After completing high school, he enrolled at York University but was unable to cope and discontinued his program. He continued to reside in the family home up until the commission of the index offence.
Substance Use History
[8]. Mr. Klein has no history of substance use.
Legal History:
[9]. Mr. Klein's involvement with the criminal justice system prior to the index offence is as follows:
Date & Location
Charge(s)
Disposition
June 16, 1977 Toronto, ON
Threatening Common Assault
Withdrawn
August 30, 1978, Toronto, ON
Assault Causing Bodily Harm
Withdrawn
May 10, 1979 Toronto, ON
Attempt Break and Enter with Intent Theft Under $200
Withdrawn
May 4, 1990 Toronto, ON
Assault Causing Bodily Harm
Suspended sentence & probation 12 months
May 31, 1993
Uttering Threats
Withdrawn
Psychiatric History
[10]. Mr. Klein's first admission to hospital with respect to mental health related issues was in 1979 when he was admitted to hospital due to threats towards his mother. There were numerous subsequent admissions to hospital1 and upon admission he would present as agitated, frustrated and aggressive. Various treatments were tried including neuroleptics, environmental and psychotherapies, and electroconvulsive therapy. Once Mr. Klein achieved some improvement in his mental status, he would sign himself out of hospital against medical advice and would often then become noncompliant with medication.
Current Diagnosis
[11]. Mr. Klein's current psychiatric diagnoses are schizophrenia and intellectual disability.
Evidence of Dr. Ismail
[12]. Dr. Ismail indicated that:
- He had reviewed and adopted the contents of the Hospital report. Mr. Klein experienced a number of issues with his physical health over the reporting year which had required multiple admissions to hospital. He suffers from aspiration pneumonia which is difficult to treat. He also requires one to one support with respect to his activities of daily living including being fed.
- It was determined that certain of his medications were contributing to his physical issues and accordingly antipsychotic and benzodiazepine medications were reduced resulting in an increase in aggressiveness, paranoia, disorganization and impulsivity.
- Mr. Klein's Substitute Decision Maker ("SDM"), his brother, had initially indicated that he wished to have all medication stopped. However, after the doctor's discussions with the SDM, he agreed to allow the treatment team to slowly increase some of the medications. There were currently no plans to introduce new medications.
- Despite his mobility issues and medical issues, there are still significant concerns with respect to both physical and sexual assault by Mr. Klein. In particular he noted that, despite Mr. Klein's use of a walker and wheelchair, there had been instances of Mr. Klein rushing at staff and chasing co-patients on the unit.
Analysis and Conclusion, Significant Threat:
[13]. Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that the evidence clearly establishes that Mr. Klein continues to constitute a significant threat to the safety of the public.
[14]. The Board finds that the clinical risk assessment contained in the Hospital Report is well supported by the evidence and indicates as follows:
It is also notable that Mr. Klein's psychiatric risk must be understood in the context of his significant and ongoing medical instability, particularly recurrent aspiration pneumonia and episodes of hypoxia. Due to concerns regarding respiratory depression, sedation, and aspiration risk, there have been necessary reductions in both antipsychotic and benzodiazepine medications over the course of the review period. While these changes were clinically indicated from a medical standpoint, they have limited the ability to fully optimize pharmacological containment of his psychotic symptoms, agitation, and behavioural dysregulation. As a result, Mr. Klein remains more vulnerable to affective lability, impulsivity, aggression, and sexually disinhibited behaviour. This medically driven constraint on psychopharmacological management further elevates his risk of violence, particularly in the absence of intensive supervision and a highly structured, secure environment.
In summary, Mr. Klein's persistent lack of insight, active violent ideation and behaviour, psychiatric instability, cognitive impairment, and limited responsiveness to treatment collectively indicate that he continues to pose a significant and unmitigated risk to the safety of others.
Analysis and Conclusion Necessary and Appropriate Disposition
[15]. The Board also finds that the evidence clearly supports a finding that the necessary and appropriate disposition is a continuation of the current detention order without change. Mr. Klein clearly needs the supervision and controls provided by the secure environment of the Hospital both in order to manage his risk as well as to manage his medical needs and only a detention order on the terms as jointly recommended by the parties meets those needs.
DATED this 3rd day of February 2026, at the City of Toronto, in the Toronto Region.
Mr. R. Bigelow
Alternate Chairperson
Office of the Registrar
Ontario Review Board