Convicted: Waypoint Centre for Mental Health Care, 500 Church St., Penetanguishene, Ontario
Location of Workplace: Beckwith Unit A, Waypoint Centre for Mental Health Care, Penetanguishene, Ontario
Description of Offence: Three workers were injured in an incident involving a patient in a high-security forensic mental health unit. The employer failed to provide a worker with proper information, instruction and supervision to protect the worker’s health and safety, contrary to section 25(2)(a) of the Occupational Health and Safety Act.
Date of Offence: December 31, 2023
Date of Conviction: October 16, 2025
Penalty Imposed:
- Following a guilty plea in the Provincial Offences Court in Barrie, the institution was fined $130,000 by Justice of the Peace Derek Friend. The Crown Counsel was Katie Krafchick.
- The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Background:
- On the day of the incident, a patient got into an argument with a patient care assistant (PCA). After the disagreement, the PCA believed the matter had been resolved and returned to their other duties.
- Later, while patients were gathering for lunch, the PCA—who was seated—asked the same patient to keep their feet off the couch. The patient responded violently towards the PCA.
- A Code White, the hospital’s emergency response for violent or aggressive behaviour, was called and five other workers intervened. They eventually brought the patient under control. The incident resulted in a critical injury to the PCA. Two other workers were also injured.
- An investigation by the Ministry of Labour, Immigration, Training and Skills Development found that the employer patient’s crisis prevention plan was not up to date, and staff were not given proper direction on how to use the crisis prevention plan. Additionally, staff had not received appropriate training on how to respond to violence from a seated position.
- As a result, the Waypoint Centre for Mental Health Care failed to provide the worker with proper information, instruction and supervision to protect the worker from workplace violence, contrary to section 25(2)(a) of the Occupational Health and Safety Act.
