Re George Baran, 2025 CanLII 108900

Ontario Review Board

Re: George Baran

ORB File No: 7285

Hearing held on: Monday, September 22, 2025

Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. B. Sheppard Dr. G. Eayrs Ms. M. Labrosse Mr. W. Apted

Parties Appearing:

Accused: George Baran Counsel: Mr. B. Kolman

The person in charge of hospital: Representative: Dr. A. Ali

Attorney General of Ontario: Counsel: Mr. C. Coughlan

REASONS FOR DISPOSITION

(Dated October 24, 2025)

Introduction

1On November 29, 2017, George Baran, age 67, was found not criminally responsible on account of mental disorder on charges of assault causing bodily harm and fail to comply with a condition of judicial release, contrary to the Criminal Code.

2Mr. Baran is subject to a conditional discharge on minimal conditions. On September 22, 2025, Mr. Baran came before the Ontario Review Board (the “Board”) at the Centre for Addiction and Mental Health (the “hospital”), for his annual hearing. Mr. Baran, as happened last year, did not appear. He was represented by counsel, Mr. B. Kolman, who spoke of his client’s reticence to leave home. Mr. Kolman had instructions. The Board granted an Order permitting the hearing to proceed in the patient's absence. Exhibit 1 was the Hospital Report dated September 5, 2025.

3In preliminary positions, all parties submitted that significant threat to the public continues to be present and that the current Disposition represents the least onerous and least restrictive Disposition to balance the safety of the public and the needs of the patient. After hearing the evidence, the Board agreed to the joint position.

Diagnosis

4Schizophrenia

Index Offences

5The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:

“The index offences took place in 2017. In January and February of that year, Mr. Baran assaulted his father. These incidents do not appear to have been reported. In March of that year, he again assaulted the older man. A social worker who attended the father noticed the injuries suffered and notified police. This led to a charge being laid. After Mr. Baran was released on bail, on two separate occasions he attended at his father’s residence, resulting in the additional charges.”

Background

6For many years, until the index offence, Mr. Baran resided at the family residence. Mr. Baran first came to the attention of mental health services in his 20s. Mr. Baran recalls being told he had schizophrenia 20 years ago. There is no significant history of hospitalization.

Evidence at Hearing

7Dr. A. Ali, the patient’s psychiatrist, testified. There were no noteworthy changes to Mr. Baran's presentation or course of treatment this past year. Mr. Baran declines to come to the hospital. His case manager and psychiatrist see him at his residence in person and sometimes virtually.

8Mr. Baran has remained stable this past year. There are no positive symptoms, but negative symptoms continue to present. He was last seen on September 11, 2025. He was at baseline. The doctor opined that she did not anticipate changes to presentation in future given the current supports. Age is a factor that may inform the current presentation. Mr. Baran's positive symptoms are treated by medication - oral olanzapine.

9Mr. Baran keeps to himself. He gets along well with his roommate who keeps an eye out for him. Mr. Baran has a lady friend that he sees weekly.

10The hospital hopes that Mr. Baran would show an interest in higher support housing but like most things, Mr. Baran indicated he was content where he was and declined. As that plan could not be acted upon, the hospital pivoted to asking the hospital’s geriatric ACT team, a civil team, to become involved. As is his norm, Mr. Baran did not engage with that team. Dr. Ali is lobbying that the ACT team take on Mr. Baran as a client notwithstanding his reticence. Mr. Baran's present residence, Spencer Place, only has cleaning and cooking staff. However, that staff have agreed to ensure that Mr. Baran takes his medication. Mr. Baran could benefit from more support. Mr. Baran is a very pleasant man. He likes to keep to himself. He is a man of few words. The hope is that transfer to the geriatric ACT team may pave the way to an eventual absolute discharge. In the doctor’s view, a conditional discharge continues to be appropriate to manage the risk.

11Mr. Baran is compliant with medication and there have been no violent acts since the index offence.

12If Mr. Baran stopped taking his medication, he would become psychotic and return to violence as happened at the time of the index offence.

13Mr. Baran's capacity to consent to treatment is marginal. As he is deemed capable to consent to treatment, he could decline to comply with the proposed ACT team involvement. The doctor thought that a Community Treatment Order would not have a positive impact on him.

14Mr. Baran refuses to see his own family doctor. Over the years Mr. Baran has refused to engage with other ACT teams.

15The hospital has many patients with similar challenges.

16Mr. Baran understands what an absolute discharge means but says he wants to stay under the Board and continue to reside at Spencer House.

17A long-acting injection is not contemplated at present because Mr. Baran is compliant with his oral medication. The doctor was firm that if Mr. Baran was not under the Board, he would decline to see mental health staff, stop his medication, become psychotic and become a real danger to the public.

18Final submissions echoed preliminary positions.

Analysis

19The Board was presented with a joint submission. That submission made sense to the Board. It seems beyond doubt that at present, absent Board involvement, Mr. Baran would stop seeing medical personnel and would stop taking his medications. This would result in a return of positive symptoms and a real danger to the public. The hospital’s current plan is to engage a geriatric ACT team. If that happens it could help propel Mr. Baran toward an absolute discharge. For the time being the current disposition protects the public and supports Mr. Baran well.