Re: Vitali Volhovski
ORB File No: 5090
Hearing held on: Friday, September 19, 2025
Place of hearing: Centre for Addiction and Mental Health Via Zoom Video Conference
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. D. Bourget Dr. M. Mamak Ms. C. Murray Mr. S. Doherty
Parties Appearing:
Accused: Vitali Volhovski Counsel: Ms. V. Strugurescu
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DECISION
(Dated October 9, 2025)
Introduction
On May 27, 2008, Vitali Volhovski was found not criminally responsible on account of mental disorder on charges of assault, failure to attend court, and fail to comply with condition of undertaking or recognizance, all contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board) dated January 15, 2025, detaining him at the General Forensic Unit of the Centre for Addiction and Mental Health (CAMH/the hospital) with discretionary privileges up to and including the ability to reside in the community in approved accommodations.
By letter dated August 20, 2025, 2025, the hospital advised the Board that Mr. Volhovski had been readmitted to hospital on August 12, 2025, and continued to be a patient as of the date of the notification. This resulted in an increase in the restriction of Mr. Volhovski’s liberty for a period greater than seven days, thereby triggering the notice provisions under s. 672.56(2) of the Criminal Code.
On September 19, 2025, the Board convened a hearing via Zoom technology to review the restriction of Mr. Volhovski’s liberty. At the outset, Ms. Strugurescu, counsel for Mr. Volhovski, indicated that her client did not wish to attend the hearing and had given her instructions to proceed in his absence. There being no objection from the other parties, an order was made excusing Mr. Volhovski from attending the hearing pursuant to s. 672.5(10)(a) of the Criminal Code.
All parties agreed that the only issue before the panel was the review of the decision to readmit Mr. Volhovski to hospital and the ensuing restrictions on his liberty. Dr. Darby, on behalf of the hospital, submitted that both the initial decision to admit Mr. Volhovski and the ongoing admission were necessary and warranted and represented the least onerous and least restrictive measure available to manage Mr. Volhovski’s risk to the safety of the public. Mr. Feindel, counsel for the Ministry of the Attorney General, and Ms. Strugurescu concurred in the hospital’s position. Thus, a joint submission was put before the Board.
Findings
- For the reasons that follow, the Board finds that the decision to readmit Mr. Volhovski to hospital on August 12, 2025, and his continued admission were necessary and warranted and represented the least onerous and least restrictive measure available to the hospital to manage his ongoing risk to the safety of the public.
Evidence
The evidence at the hearing consisted of the Hospital Report dated June 12, 2024 (ex. 1), an Addendum to the Hospital Report dated December 19, 2024 (ex. 2), the Restriction of Liberty (ROL) Report dated September 5, 2025 (ex. 3), and the viva voce evidence of Dr. Darby, Mr. Volhovski’s treating psychiatrist.
As the only issue before the Board was the restriction of liberty from August 12, 2025, to the date of the hearing, and as the Board’s last disposition is maintained until the next review, there is no need to summarize Mr. Volhovski’s personal, criminal or psychiatric history which are set out in detail in the Hospital Report.
The following background is provided for context for these Reasons. Briefly, in June 2014, Mr. Volhovski held a steak knife to a co-tenant’s stomach and threatened to kill him. When arrested, he kicked an officer in the crotch and threatened to kill the officer.
Mr. Volhovski is a 43-year-old man who has a current diagnosis of Schizoaffective Disorder and Substance Use Disorders. He has been found to be incapable of making treatment decisions and the Public Guardian and Trustee is his Substitute Decision Maker.
In his early years under the Board, Mr. Volhovski had two periods when he was AWOL (absent without leave) from the hospital1, and was consequently transferred to secure forensic units.
Mr. Volhovski was first discharged to reside in the community in June 2014. He was readmitted to hospital on five occasions, and most recently was discharged back to his supported SHIP2 housing in Brampton in March 2024. He is currently unemployed and supported by the Ontario Disability Support Program.
According to the ROL Report, over the last seven months most, if not all, of Mr. Volhovski’s urine drug screens have been positive for cocaine. When questioned, Mr. Volhovski has denied consuming cocaine. Fortunately, his mental status, which includes significant grandiose delusions, has been stable.
Recently, staff at Mr. Volhovski’s residence reported to the forensic outpatient team that they continued to have difficulty monitoring Mr. Volhovski. He would refuse to allow staff to enter his apartment, preventing them from ensuring he was keeping up with his activities of daily living. In addition, on a number of occasions, Mr. Volhovski called paramedics and attended Brampton Civic Hospital complaining of severe pain. Housing staff were unaware of these incidents.
Things changed on August 12, 2025. Mr. Volhovski met with his case manager and appeared to be significantly off his baseline. He was unsteady on his feet and slurring his words, and made sexually inappropriate comments to his case manager. Based on the cumulative factors of the positive urine drug screens, the inability to adequately and effectively monitor Mr. Volhovski, and the acute decompensation in his mental status, the forensic team determined that Mr. Volhovski needed to be readmitted to hospital for an assessment of his mental status and to determine how best to manage his risk in the community.
SHIP management advised the forensic team that they had considerable reservations about allowing Mr. Volhovski to return to his residence. When housing staff and the forensic outpatient team visited his apartment, they found it to be in a serious state of disarray. This was the second time that the SHIP staff had found his residence to be in an untenable state. SHIP is classified as high support housing, but staff are only present there 12 hours a day. There is an expectation that residents are able to function quite independently, including the ability to look after their apartments and prepare meals on their own. It was clear from the state of the apartment that Mr. Volhovski was not able to achieve that level of independence. In the circumstances, the team concluded that Mr. Volhovski required more support than was available at that residence. The residence was no longer considered an appropriate accommodation for Mr. Volhovski and the hospital withdrew its approval.
Dr. Darby testified before the Board. He advised that he has known Mr. Volhovski for a very long time and is aware of the extent of his grandiose delusions. For the most part, Mr. Volhovski has been marginally able to manage living in the SHIP residence. Staff at the residence have reported Mr. Volhovski’s repeated absences, smoking in his apartment (contrary to the house rules), and continuing refusal to allow staff to enter his apartment.
Dr. Darby indicated that in his opinion, the recent deterioration in Mr. Volhovski’s mental status was likely due to Mr. Volhovski accessing contaminated cocaine. Within a few days of his readmission to hospital, Mr. Volhovski returned to his baseline and his urine drug screens became negative for cocaine. In Dr. Darby’s opinion, these negative results confirmed that Mr. Volhovski had been using cocaine in the community, contrary to the terms and conditions of his disposition.
Mr. Volhovski is currently admitted to a non-forensic unit within the hospital, awaiting a transfer to a forensic unit. Once that transfer occurs, likely within a week or so, the treatment team will conduct further evaluations, including a medication review and an assessment to determine accommodations in the community that would be appropriate to manage Mr. Volhovski’s risk. Dr. Darby testified that Mr. Volhovski will likely require a residence that provides 24-hour support and enhanced support.
Dr. Darby testified that Mr. Volhovski is currently exercising Level 2 passes, which allow him access to hospital grounds accompanied by staff. If those passes are successful, Mr. Volhovski will be able to go through the privilege ladder, regardless of whether he is on his current unit or transferred to a forensic unit.
All parties maintained the joint submission.
Analysis and Conclusion
The panel has carefully considered the two hospital reports and the evidence of Dr. Darby and unanimously concludes that the hospital’s decision to significantly increase the restrictions on Mr. Volhovski’s liberty by admitting him to hospital on August 12, 2025, was warranted.
It was clear that the staff at the residence had been having difficulty managing Mr. Volhovski. He was apparently repeatedly consuming cocaine, absent from his residence, smoking in his apartment and resisting efforts by staff to view his apartment. The forensic outpatient team tried to continue to manage his risk and support him in the community notwithstanding these concerns.
The situation became more critical on August 12, 2025, when Mr. Volhovski appeared for a meeting with his case manager. He was exhibiting a deterioration in his mental status and making sexually inappropriate comments. The panel unanimously agrees that the hospital’s decision to admit Mr. Volhovski was necessary in order to protect the public.
After Mr. Volhovski’s admission, the forensic outpatient team visited his room and concluded, reasonably, that the current residence did not include the level of supports and oversight necessary to manage Mr. Volhovski’s risk in the community. Once the hospital withdrew its approval, Mr. Volhovski had no alternative appropriate residence. Thus, his continued detention within the hospital until the date of the hearing also was warranted. It constituted the least onerous and least restrictive measure available to the Hospital, given Mr. Volhovski’s mental condition, ensuring public safety and the lack of a viable community residential placement.
For these reasons, the panel finds that the significant increase in the restriction of Mr. Volhovski’s liberty was necessary and appropriate and the least onerous and least restrictive at the time it was imposed and continued to be so at the time of the hearing.
DATED this 9th day of October, 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Finley Alternate Chairperson
Office of the Registrar Ontario Review Board