Ontario Review Board
Re: Kevin DeSousa
ORB File No: 8575
Hearing held on: Thursday, September 25, 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. S. Doherty
Parties Appearing:
Accused: Kevin DeSousa Counsel: Ms. M. Addie
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated October 28, 2025)
Introduction
On May 31, 2024, Mr. Kevin DeSouza, age 33, was found not criminally responsible on account of mental disorder on charges of mischief under $5000 and cause disturbance, contrary to the Criminal Code.
Mr. DeSousa, who was on a Detention Order with privileges up to and including living in the community of the Greater Toronto Area indirectly supervised, appeared before the Ontario Review Board (the "Board") on September 25, 2025, at the Centre for Addiction and Mental Health (the "hospital") for his annual hearing. Exhibit 1 was a Hospital Report dated September 8, 2025.
In preliminary positions the Board was presented with a joint submission that significant threat to the safety of the public continued to exist, that the current Disposition should remain in place; however, there should be the addition of a condition of community living in supervised accommodation in the Greater Toronto Area coupled with at least weekly reporting when in the community. In all other respects, the conditions of the Detention Order were sound. By the end of the hearing, after hearing the evidence and receiving submissions, the Board agreed with the joint submission.
Diagnoses
- Schizophrenia
Stimulant and Cannabis Use Disorders, in sustained remission in a controlled environment
Antisocial Personality Traits
Index Offences
- The circumstances of the index offences are taken from last year's Reasons for Disposition, as follows:
"On Saturday January 13th, 2024, at approximately 11:00am the accused entered the plaza at 1920 Eglinton Ave E on foot. He proceeded to enter the Dollarama store and began to sprint up and down the aisles scaring staff and customers. Police were called to the location; however, the accused left before officers arrived. Later in the afternoon, at approximately 2:30pm the accused entered the Sport Chek location in the same plaza. The accused began to sprint up and down the aisles. When the accused was approached by employees, he began to yell obscenities at them and spat in their direction (Charge1). At one point, the accused began to throw benches around the store as well. This caused one of the bench handles to break off (Charge2). The staff called police; however, the accused left the store and went inside the Designer Shoe Warehouse (DSW), also located in the same plaza. The accused continued the same behaviour inside of the shoe store. Officers arrived on scene and located the accused in DSW. When the officers went to place the accused under arrest, he struggled with the officers causing them to have to take him to the ground in order to affect the arrest. The accused was walked out of the store and placed in a police vehicle. The accused began to smash his head off of the vehicle's safety barrier. As a result, the officers brought the accused to the hospital for treatment. The accused was medically cleared and was transported to 41 division for a show cause hearing."
Mr. DeSousa is 33 years old, single, with no dependents. He was born in Toronto and later moved to Victoria Harbour with members of his family. He has three half-siblings. His employment history consists of various short-term jobs. He has been unemployed since the age of 25. He is supported by the Ontario Disability Support Program (ODSP). He was estranged from his family and had no fixed address at the time of the index offences.
In terms of formal education, Mr. DeSousa reported that he was several "electives" short of completing Grade 12 in high school. He said that he was in a special education class, as he could not keep up with the general courses.
Evidence at Hearing
Dr. F. Moloney, a Psychiatric Resident working under Dr. M. Choptiany, who was also present, testified. She has been involved with the patient's care since this past July. On August 7, Mr. DeSousa was transferred to a general unit. Dr. Moloney had consulted with Dr. Woodside, who oversees that program, in formulating her thoughts.
Mr. DeSousa's clinical status remains stable. The hospital has applied for Level 6 privileges that provide for indirect access to grounds for recreational purposes, programming and fresh air.
Mr. DeSousa is on antipsychotic medication. He participates in substance relapse groups and is on a waiting list that may take some months for 1:1 substance relapse therapy.
Mr. DeSousa has progressed well. This past year he smoothly went from the Assessment Unit to a Secure Unit to a General Unit. Mr. DeSousa is also proceeding up the privilege ladder at a good pace. He handled the change of medication, both the titration up and the implementation of a long-acting injection, well. Some benefits have been observed relating to his symptoms Mr. DeSousa has participated in several programs and therapy groups.
Mr. DeSousa has developed some insight into his mental disorder, and the impact of substances use on his mental stability.
Last year Mr. DeSousa's position was that he wanted to continue to use substances. He now indicates that he no longer wants to consume them. His insight into his illness and the impact of medications remains superficial.
The focus on the upcoming year will be on:
Increasing the level of privileges to pave the way toward community living. That will necessitate reaching Level 9 privileges.
Bolstering Mr. DeSousa's understanding of substances and their impact on his mental disorder by the continuation of programming
Working on insight and motivation to avoid substance use.
Mr. DeSousa has been medication adherent.
Contrary to what is found in the Hospital Report, the application for Level 6 was made only this past Monday and an answer is expected early next week.
All urine screens have been negative.
The hospital will be looking in the upcoming year to place Mr. DeSousa on housing waitlists.
There is no evidence of a cognitive deficits. But h it has been noted that Mr. DeSousa has had some difficulties sustaining attention, a situation that his team will continue to monitor
All parties agree that it has been a good year and that Mr. DeSousa has made positive progress.
Analysis
- This past year has been a good and positive one for Mr. DeSousa. He went through several transitions smoothly. He is ready for next steps. To that end, the Board agrees with the addition of a term permitting supervised community living and weekly reporting when in the community. The Detention Order as amended represents the least onerous and least restrictive disposition in the circumstances. We wish Mr. DeSousa well in the upcoming year.
DATED this 28th day of October 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board