Ontario Review Board
Re: Kevaughn Gill
ORB File No: 8608
Hearing held on: Wednesday, August 27, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.82(1) and 672.81(2.1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. P. Prendergast Dr. M. Mamak Mr. R. Bigelow Mr. S. Duffy
Parties Appearing:
Accused: Kevaughn Gill Counsel: Mr. A. Rai
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. K. Kirec
REASONS FOR DECISION AND DISPOSITION
(Dated October 8, 2025)
Introduction
1Kevaughn Gill, age 39, on April 14, 2024, was found not criminally responsible on account of mental disorder on a charge of aggravated assault, contrary to the Criminal Code. Mr. Gill is currently subject to a Detention Order with privileges up to and including entering the community on specified conditions.
2On August 27, 2025, Mr. Gill appeared before the Ontario Review Board (the “Board”) at the Centre for Addiction and Mental Health (the “hospital”) for both an annual review and a restriction of liberty. A restriction of liberty had occurred between June 30, 2025, and July 11, 2025. An earlier attempt to hold a Restriction of Liberty hearing had been adjourned because of the unavailability of the psychiatrist. All parties agreed that the two hearings could be heard together. Exhibit 1 before the Board was the Hospital Report dated August 6, 2025. Exhibit 2 was Restriction of Liberty correspondence.
3In preliminary positions, the hospital advanced that the restriction of liberty, now over, was justified at the time. A Detention Order was being sought on the same terms with two changes: the Order should specify Forensic Services; indirectly supervised privileges should be added to grounds and the community. Crown counsel and the patient’s counsel agreed. Significant threat was not placed in issue. By the conclusion of the hearing, the Board agreed with the joint position.
Diagnosis
4Schizophrenia
Index Offence
5The circumstances of the index offence are excerpted from last year’s Reasons for Disposition, as follows:
“On October 2, 2021, at approximately 2:10 pm the complainant Tristan Hernandez Rodriguez was riding TTC bus# 3590 westbound on Wilson Avenue. The accused was riding the same bus and was sitting across from the complainant near the back of the bus. The complainant and the accused are not known to each other.
Suddenly and without provocation the accused stood up from his seat, approached the complainant and proceeded to stab him 2-3 times in the center of his chest with a knife. This occurred as the bus was stopped at the northeast corner of Keele Street and Wilson Avenue. The complainant stood up from his seat and exited the bus walking north on Keele Street where he eventually collapsed. Witnesses began assisting the complainant. The accused exited the bus, walked east on Wilson Avenue, placed the knife in a garbage receptacle and stood at the bus shelter nearby. Multiple witnesses called 911. Ambulance attended to the complainant who was rushed, via emergency run, to Sunnybrook hospital where he underwent surgery for his injuries.
A witness showed officers where the knife was located, and it was seized. The bus was secured and forensic identification services attended to process the scene. The accused was transported to 31 Division where he was held pending a show cause hearing. Forensic identification services attended 31 Division and collected samples of blood from the accused's hands and collected his clothing for further examination.”
Restriction of Liberty
6The restriction arose out of an unprovoked assault on a co-patient when Mr. Gill was subject to auditory hallucinations.
Background
7Mr. Gill was born in Trinidad and Tobago. He spent his childhood in Grenada. His parents separated. Mr. Gill’s mother came to Canada. Mr. Gill stayed with his father and was supported by his father's parents. Mr. Gill moved to Canada in 2007.
8After migrating to Canada, Mr. Gill resided within the Greater Toronto region. He moved to his mother’s apartment in Etobicoke in 2014, where he resided until his arrest. Mr. Gill identifies as Christian and as attending church regularly. Mr. Gill completed secondary school in Grenada. There were no known concerns pertaining to any learning disorders. In Toronto, for the purpose of enrolling in college, Mr. Gill enrolled in George Brown College’s Redirection Through Education program. However, he stopped going to the program when he “perceived voodoo by classmates that prevented him from being able to study effectively”. Mr. Gill is noted to have experienced bullying and having few friends at school.
9Mr. Gill began working in his late adolescence/early adulthood in Grenada as a telemarketer. He stayed in this position for approximately two years before stopping spontaneously after he perceived that there were voodoo attacks on him. Thereafter, Mr. Gill is reported to have worked for up to six months with his uncle at an electrical company. In 2007, while in Canada, Mr. Gill started working at Goodwill as a sales associate. According to Dr. Naidoo’s NCR Report, he worked at Goodwill until 2016, when the agency became bankrupt. Mr. Gill began receiving financial support from ODSP sometime between 2016 and 2018, because of his schizophrenia diagnosis. His mother is his sole support in the community. Mr. Gill denies a history of significant substance use, including cannabis use and it is opined that he does not meet diagnostic criteria for a substance use disorder. Prior to the index offence, Mr. Gill had no criminal convictions. In 2023, two counts of assault were withdrawn.
10Mr. Gill’s psychiatric history commenced in 2005, with an admission to CAMH. In 2010, Mr. Gill absconded from CAMH and did not return. Police subsequently transported him back to the hospital. In 2013, Mr. Gill was apprehended on a bridge by police. At the time he advised that he was depressed, having thoughts of suicide, and was planning on jumping off the bridge. He also reported that he was hearing voices and that the voices were telling him to kill family members. In 2014, Mr. Gill told police that he was hearing voices, and he was being told to kill his mother, brother, and others. At that time, he was apprehended under the Mental Health Act and transported to William Osler Hospital. Various Toronto Police Occurrence Reports indicate several contacts with Mr. Gill and several of the interactions occurred in TTC stations or public transportation. Notably, Mr. Gill informed police that he has increased auditory hallucinations when in crowded spaces, particularly such as the TTC.
11His last admission to CAMH prior to the index offence was from March 6 to April 5, 2014. During that admission he was declared treatment incapable and assaulted a co- patient resulting in seclusion. Thereafter he was admitted to William Osler Hospital from July 8 to July 11, 2014. Mr. Gill was brought to hospital following threatening to kill himself and his mother. His auditory hallucinations were noted to diminish with consistency in medication.
12Mr. Gill was again admitted to William Osler Hospital from August 13 to 21, 2015. He was noted to have decompensated after not taking his medication. Mr. Gill reported that his clozapine was giving him side effects, and he no longer wanted to take it. Mr. Gill also reported having issues with his ACT team worker, stating his command hallucinations encouraged him to kill his workers. From September 12 to December 29, 2015, Mr. Gill was admitted to Humber River Hospital. He was admitted to hospital when he attempted to assault a passenger on a TTC bus. While in hospital he is noted to have assaulted a co- patient without provocation.
13Mr. Gill was further admitted to William Osler Hospital from January 6 to January 15, 2016. Mr. Gill’s mother reported that he was not doing well and that he had been pretending to take his medications. He was followed by the Reconnect ACT team. His medication was reinstated, and he was discharged home. From January 31 to February 26, 2016, he was again admitted to William Osler Hospital due to noncompliance with medication, agitation and self-reported increased intensity of auditory hallucinations and “brain shaking.” Records also indicate that Mr. Gill was engaged in a mental health outpatient program at St. Michael’s Hospital in December 2016.
14From December 12, 2016, to March 3, 2017, he was admitted to CAMH where he was noted to have engaged in two physical attacks against co-patients. At that time Mr. Gill’s mother indicated she was worried about his unpredictable behaviour in the community. From September 12 to 27, 2017, Mr. Gill was admitted to St. Joseph's Healthcare, following an incident where he hit a random patron at Kipling Station. Notably in the days leading up to his discharge, his community team saw him and reported he was at his baseline. Collateral information indicates that Mr. Gill had been connected to the Reconnect ACT team since 2014 and that they would visit Mr. Gill at his residence every two weeks to provide him with his injection of clopixol. He was also taking clozapine 550 milligrams at that time.
15Mr. Gill was seen by the Reconnect ACT team on September 29, 2021 (three days before the index offence), and no issues were noted, and his medication remained unchanged. The doctor noted that there were no changes to Mr. Gill’s symptoms. He was compliant with medications and appointments. He had residual symptoms of his illness, which included chronic auditory hallucinations.
16Mr. Gill is currently diagnosed as suffering from schizophrenia.
Evidence at Hearing
17Dr. Liu, the psychiatrist who had overseen Mr. Gill from April to July 2, 2025, testified. Dr. Ali is now the patient’s most responsible psychiatrist.
18Dr. Liu confirmed that during the last six weeks following the conclusion of the ROL, Mr. Gill has been stable. There have been no behavioural matters. Irritability scores are zero. Mr. Gill is medication compliant. After return from seclusion, he was transferred to a secure unit where his dosage of clozapine was increased to 710. Dr. Liu notes that there is a decrease in voices being heard and less intense paranoid delusions. Mr. Gill is medication adherent. He has been enjoying accompanied passes without incident. Last week he had three escorted passes for medical appointments that all went well.
19The reason the Order should specify Forensic Services is because it is reasonably foreseeable that he could be transferred to a general forensic bed within the upcoming year. To be considered for transfer to a general unit the doctor testified that level 4 passes or successful access to the community must be achieved. It is also envisioned that Mr. Gill may graduate to indirect privileges on grounds within the upcoming year. The hospital is committed to taking a thoughtful and cautious approach regarding access to community bearing in mind the history that Mr. Gill has on the TTC.
20Dr. Liu could not say that Mr. Gill was optimally treated, as we are in early days and work has just begun in his new unit. Dr. Liu also indicated that a medication review with the current four to six weeks verify recent titration from 650 to 700 mg of clozapine. There had been a thought that if the voices did not abate, ECT might be appropriate, however there was no consent. The recent increase in medication dosage has seen a reduction when voices are heard.
21One of Mr. Gill’s positive attributes is that he has always been open with his forensic team. For example, he openly shares with them when voices are present. The circumstances that led to the ROL were concerning because the attack was unprovoked, and the hospital was only informed of the presence of voices after the fact.
Analysis
22The restriction of liberty was justified and appropriate following an unprovoked physical attack on a co-patient. Seclusion was warranted. The seclusion was not for long and terminated as soon as it could be safely done. Since then, there have been no other noteworthy incidents.
23No one contested significant threat, and the Board finds it well made out on the evidence before it.
24The change to Forensic Services is well justified as Mr. Gill will be considered for a general unit within the next reporting period. The Board also supports indirect privileges on grounds and in the community. The hospital has assured the Board that all passes will be extended gradually and cautiously especially in relation to the unfortunate incidents on the TTC. We wish Mr. Gill well in the upcoming year.
DATED this 8th day of October 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
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Office of the Registrar Ontario Review Board