Ontario Review Board
Re: Roberto Vintimilla
ORB File No: 4289
Hearing held on: Tuesday, August 26, 2025
Place of Hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. R. Bigelow Members: Mr. M. Segal Dr. K. Hand Dr. M. Mamak Mr. S. Duffy
Parties Appearing: Accused: Roberto Vintimilla Counsel: Ms. S. Fattal The Person in Charge Representative: Dr. P. Darby Attorney-General of Ontario: Counsel: Ms. D. Silver
REASONS FOR DISPOSITION (Dated October 8, 2025)
Introduction
On September 16, 2005, Mr. Roberto Vintimilla was found not criminally responsible on account of mental disorder (NCR) 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 September 10, 2024, discharging him subject to conditions.
On Tuesday, August 26, 2025, the Board convened a hearing at the Centre for Addiction and Mental Health (CAMH) to review Mr. Vintimilla’s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Vintimilla’s was present at the hearing and represented by counsel, Ms. Fattal. The issues to be determined at the hearing were whether Mr. Vintimilla continues to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, to determine 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
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. Dr. Darby, the Hospital representative, and Mr. Vintimilla’s most responsible physician, advised that it was the Hospital position that Mr. Vintimilla no longer represented a significant threat to the safety of the public and therefor was entitled to be discharged absolutely.
Counsel for the Attorney General advised that, although she would likely support the Hospital position, she wished to reserve her formal position until having heard the evidence.
Counsel for Mr. Vintimilla submitted that his client was not a significant threat to the safety of the public and accordingly was entitled to be discharged absolutely.
Evidence at the hearing
- The evidence at the hearing consisted of the Hospital Report and the oral evidence of Dr. Darby.
Findings:
- For the Reasons that follow, the Board finds that Mr. Vintimilla no longer represents a significant threat to the safety of the public and accordingly is entitled to be discharged absolutely.
Index Offence:
- The allegations surrounding the index offence as summarized in Last Years Reasons for Disposition are as follows :
In the fall of 2004, Mr. Vintimilla, his father, and his sister moved into a house on Shaw Street in Toronto. The victim, who was a friend of Mr. Vintimilla’s father, moved in a short time later and rented the top floor of the house.
Mr. Vintimilla was under the delusion that the victim was interfering with his mind and controlling his thoughts. He believed that the victim had put sexual thoughts in his head and had been sexually provocative toward him. Mr. Vintimilla continually thought about the victim, including while at school, when he slept and when he showered. He believed that he had told the victim to stop this behaviour and that he had no choice but to kill him to bring all of this to an end. On January 18, 2005, Mr. Vintimilla grabbed a knife, located the victim in the laundry room of the home and stabbed him numerous times, resulting in his death.
Background Information Regarding the Accused:
Mr. Vintimilla is currently 41 years of age was born in the Toronto area. His mother was from Korea and his father is from Ecuador. He has one sister. His parents separated when he was eight years of age, and the children lived with their father who moved to Ecuador with them where they remained for six years. Upon returning to Canada Mr. Vintimilla resided with his mother for approximately 4 ½ years while his sister remained with his father. In 2002 at the age of 18 Mr. Vintimilla moved in with his father and sister. He continues to be close to both his parents.
His mother reports that Mr. Vintimilla began to experience difficulties in the upper years of high school. He would procrastinate and often skipped classes. He did graduate from high school after having to repeat grade 12. He enrolled in a program at George Brown College in the fall of 2004 to study marketing and business administration but had been enrolled for only three weeks when the index offence occurred.
Substance Use History
- Mr. Vintimilla’s began to use marijuana on a regular basis when he was in grade 11 and his use increased after he moved in with his father. He continued to use heavily until he shortly before the index offences.
Legal History:
- Although Mr. Vintimilla had no criminal convictions prior to the index offence a few months prior to the index offence he was charged with mischief under, theft under and possession under based on allegations of his having broken into a motor vehicle and stolen car owner’s manual, $2.20 worth of Canadian Tire money, $1.50 worth of Pioneer gas money, a pen, and some music cassettes. Those charges were stayed by the Crown in June 2005.
Psychiatric History
- In July 1999, Mr. Vintimilla was diagnosed with attention deficit hyperactivity disorder (ADHD) and prescribed Ritalin from October 1999 until July 2002. Although he has no formal psychiatric history prior to the commission of the index offence. In January 2005, during his NCR assessment he:
..spoke of symptoms consistent with schizophrenia, developing about two years prior to the index offence. Mr. Vintimilla reported that in the two years prior to the offence, he occasionally heard from someone or a voice in the back of his head calling out his name or saying “hi” when no one in fact was there. He believed that his thoughts were being broadcast. He believed people were able to read his mind. He occasionally heard his own thoughts as though they were an echo. He had difficulty concentrating. He thought his friends were making gestures at him and disliked him. He reported that he suffered from depression for a few days at the most and denied that he ever had suicidal or homicidal thoughts. Mr. Vintimilla did not report his difficulties to anyone because he was afraid, he would be admitted to a hospital.
- Mr. Vintimilla’s family also noted that commencing in the summer of 2003 he began to behave differently. He isolated himself from his friends, became increasingly moody and argumentative with his family.
Current Diagnosis
- Mr. Vintimilla’s current diagnoses are Schizophrenia and Substance Use Disorder.
Evidence of Dr. Darby
Dr. Darby indicated that he had been Mr. Vintimilla’s treating physician for a number of years and that Mr. Vintimilla functions well at his current residence and continued to be abstinent from substances. Mr. Vintimilla had obtained employment at the Rogers Centre in April and continued with that employment.
Dr. Darby noted that one of the most significant concerns at last year’s annual review was the lack of ongoing community follow-up should Mr. Vintimilla be discharged from the forensic system. Unfortunately, despite significant efforts, the Hospital had still not been able to find appropriate non-forensic support for Mr. Vintimilla in the community. Because the hospital believed that it was unfair to continue to maintain individuals in the forensic system when the only thing holding them back was a lack of appropriate community support, the Hospital has changed its policy and undertaken to continue to provide supports to individuals after they have been granted an absolute discharge. Therefore, even if granted an absolute discharge, the Hospital would continue to provide case management services as well as the services of a nurse practitioner and psychiatrist to Mr. Vintimilla. The Hospital would continue to seek appropriate community-based support for him and hopefully at some point there would be a transition to that support.
In response to questions from counsel for the Attorney General, Dr. Darby indicated that when Mr. Vintimilla is transferred to a community-based support system, there would be overlap with the hospital team during the transition.
In response to questions from panel members, Dr. Darby indicated that although Mr. Vintimilla had previously struggled with employment, he was doing well at his current employment and enjoyed it.
Final Submissions of the Parties.
- Both counsel for the Hospital and counsel for Mr. Vintimilla maintained their initial positions at the conclusion of the hearing. Counsel for the Attorney General advised that having heard the evidence, she now was joining the other parties in recommending an absolute discharge.
Analysis and Conclusion, significant threat:
- The Board finds that the evidence supports the joint submission that Mr. Vintimilla no longer represents a significant threat to the safety of the public and accordingly is entitled to be discharged absolutely. Although he continues to suffer from a major mental illness, the Hospital Report notes that:
Mr. Vintimilla has shown a resolution of his delusions and hallucinations, with no psychotic symptoms over the last 6 years. He shows an excellent understanding of how psychotic symptoms may impact his life; he will benefit from ongoing efforts to further increase his self understanding of his illness. A predictable and structured environment is essential in mitigating the severity of any relapse in his symptoms.
- The Hospital Report also notes:
Mr. Vintimilla shows good insight into his illness, his need for medication, and the need to continue in treatment. He recognizes the consequences of his becoming ill and, perhaps most importantly, is able to recognize the great improvement in the quality of his life now compared to when he was ill. This appears to be a very positive motivator for Mr. Vintimilla to continue in treatment.
Mr. Vintimilla has shown better insight into the negative effects of marijuana and appears committed to abstinence. He has continued to be compliant with medication and has sought out additional psychological support to help him cope with issues that he continues to face. He is committed to ongoing treatment.
Mr. Vintimilla has been in the community for over three years without any significant incidents, has been adherent to medication, abstinent from substances for a lengthy period of time, and shows insight into his illness, the need for medication and the negative impact of substance use on his mental health. Since November 2024 he has been self administering his medication with no concerns. He has the continuing support of the Hospital until such time as a civil support system can be found and has permanent residence where he is content to remain indefinitely.
The “significant threat” standard is an onerous one and the Board must be satisfied both of a likelihood of a risk materializing and the likelihood that serious harm will occur. (Re: Carrick 2015 ONCA 866). The Board agrees with the joint submission that the evidence no longer supports a finding of significant threat and accordingly directs that Mr. Vintimilla be discharged absolutely.
DATED this 8^th^ day of October, 2025, at the City of Toronto, in the Toronto Region.
Mr. R. Bigelow Alternate Chairperson
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Office of the Registrar Ontario Review Board