Ontario Review Board
Re: K. (H. J.)
ORB File No: 5708/7648
Hearing held on: Wednesday, January 29, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen St. West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. G.A. Chaimowitz Dr. K. Hand Ms. C. Finley Mr. S. Duffy
Parties Appearing: Accused: K. (H. J.) Counsel: Mr. A. Rai
The person in charge of hospital: Counsel: Ms. L. Senko
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated April 3, 2025)
On September 29, 2010, Mr. K. (H. J.) was found not criminally responsible by reason of mental disorder on four charges of sexual assault; one charge each of sexual interference, invitation to sexual touching under fourteen years and fail to comply with conditions of undertaking.
In addition, on April 24, 2019, K. (H. J.) found not criminally responsible on account of mental disorder on one count of sexual assault.
K. (H. J.) is currently subject to a Disposition of the Ontario Review Board dated February 2, 2024, by which he was ordered to be discharged subject to a number of conditions.
On Wednesday, January 29, 2025, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health (“CAMH”) and conducted the annual review of K. (H. J.)’s Disposition.
A Korean interpreter was present. Mr. Rai advised that his client requires translation of all of the evidence. The hearing proceeded on that basis.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Senko appeared for CAMH. She advised of the hospital position that K. (H. J.) remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is continuation of a Conditional Discharge with the exact terms set out in last year’s Disposition.
Ms. Culp appeared for the Attorney General. Ms. Culp also agreed that K. (H. J.) is a significant threat to public safety and that the necessary and appropriate Disposition is a continuation of a Conditional Discharge.
Finally, Mr. Rai appeared for K. (H. J.). Mr. Rai advised that the parties were making a joint recommendation. In response to the Board questions, Mr. Rai acknowledged that at the present time his client remains a significant threat to public safety and that the necessary and appropriate Disposition is a continuation of a Conditional Discharge with the exact terms set out in last year’s Disposition.
Index Offence
- “K. (H. J.) approached several different women and grabbed or attempted to grab their breasts. All this occurred in a two day period of time and he was arrested the second day. He was originally detained at CAMH but in 2011 admitted to the Forensic Outpatient Service. His brothers were active in his care and assisted in ensuring that he received medication. K. (H. J.) had limited insight into his condition, but was compliant and able to reside in supervised accommodation. Any problems in this residence were handled with comparative ease. He did not abuse illicit substances. He was not employed and did not partake of recreational programming.
In 2017, K. (H. J.) was again charged with sexual assault. He had improperly touched a female co-resident in his boarding home. He was admitted to CAMH the next day, voluntarily, but after that became an involuntary patient for a short time. After this, he remained there voluntarily. K. (H. J.) exhibited active symptoms of schizophrenia.”
Evidence at Hearing
The Board admitted into evidence the Hospital Report dated December 26, 2024. The Hospital Report provides a great deal of information concerning K. (H. J.), his personal history, his mental health history, details of the index offences and K. (H. J.)’s course in hospital and in the community subsequent to the date of the index offences. As the Hospital Report was made an exhibit in this hearing it is not necessary to reproduce the information contained in the Hospital Report in these Reasons. We do note, however, the stated diagnoses of schizophrenia and intellectual disability.
In addition to the documentary evidence, the Board heard from Dr. Ugwunze. Dr. Ugwunze advised that there are no recent updates. Dr. Ugwunze advised that the hospital had concerns whether another resident was taking advantage of K. (H. J.) inappropriately. Dr. Ugwunze advised that the clinical team were able to put safety measures in place and his understanding that K. (H. J.) is no longer being targeted.
Dr. Ugwunze noted the possibility of a new residence and the fact that K. (H. J.) remains on the waitlist for Developmental Services Ontario (DSO) housing. Dr. Ugwunze noted, however, that K. (H. J.)’s current placement is not at risk.
In response to questions from a Board member, Dr. Ugwunze stated his opinion that K. (H. J.) is very happy living at My Brother’s Place, an all male residence with 24 hours of daily supervision Dr. Ugwunze repeated his understanding that K. (H. J.) is no longer at at risk of any psychological harm from a co-resident.
In response to a question from another panel member, Dr. Ugwunze stated his understanding that K. (H. J.) is entitled to receive Passport funding but this is not in place as the parties have been unable to find an appropriate Korean-speaking individual to meet with K. (H. J.). The doctor is hopeful and optimistic that such an individual may be found at some point during the next year.
No other evidence was heard at this hearing.
Findings of the Board
- At the conclusion of the evidence, the parties were again canvassed as to their positions. Each party accepted that at the present time K. (H. J.) remains a significant threat to public safety and that the