Ontario Review Board
Re: Edward G. Buksar
ORB File No. 3531
Hearing Date: September 10, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. C. MacIntyre
Members: Dr. P. Prendergast
Dr. G. Nexhipi
Mr. A. Mete
Mr. K. McKenna
Parties Appearing:
Accused: Edward G. Buksar (not attend) Counsel: Mr. D. Brodsky
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. A. Lepchuk
REASONS FOR DISPOSITION
(Dated October 29, 2025
Introduction
Mr. Buksar was found not criminally responsible (NCR) on April 2, 2002, for the criminal code offences of first-degree murder and criminal negligence in the operation of a motor vehicle.
He is currently subject to a Decision dated November 22, 2024, as amended by Order dated November 22, 2024, which orders that Mr. Buksar be subject to a detention order and be transferred from St. Joseph’s Healthcare to Brockville Mental Health Centre. The Decision includes the privilege of living in the community within the catchment area of St. Joseph’s Healthcare, and on his transfer to Brockville, living in the community within the catchment area of Brockville Mental Health Centre.
A panel of the Ontario Review Board (the panel) convened this annual hearing on September 10, 2025, to review the current Decision and previous Disposition dated June 17, 2024, pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Buksar did not attend the hearing, and counsel for Mr. Buksar advised the panel that Mr. Buksar found the Review Board hearings stressful and that Mr. Buksar preferred to not attend. Counsel indicated that he had instructions to proceed and requested an order under s. 672.5(10). Without objection from the other parties this order was granted.
At the commencement of the hearing the Hospital submitted that Mr. Buksar continued to represent a significant threat to the safety of the public, and that a continuation of the detention order with the same terms and conditions was necessary and appropriate. Crown Counsel concurred with the Hospital’s position. Mr. Brodsky indicated that Mr. Buksar would prefer an absolute discharge, but otherwise, supported the Hospital’s recommendation.
After considering the evidence, the panel concluded that a continuation of the current Decision with the same terms and conditions, including the transfer to Brockville, was appropriate.
Index Offences
- The following is a synopsis of the facts related to the index offences.
“According to the official record, Mr. Buksar was driving on the 401 Highway in Southwestern Ontario, alone in a car on December 31, 1999 in the late afternoon before dark. The weather condition was clear and visibility was considered excellent. Mr. Buksar drove intentionally into the back of an O.P.P unmarked vehicle parked on the roadside after changing lanes to pass a vehicle so that he could accelerate while driving towards the parked car. Mr. Buksar was not wearing his seat belt at the time. The collision with the parked car resulted in the death of an O.P.P. officer and injury to two occupants of the parked car on the roadside directly in front to the police car. Mr. Buksar lost consciousness temporarily, but overall, his injuries were relatively minor. He was escorted to Chatham Hospital for attention and psychiatric assessment. There was no evidence of alcohol or other psychoactive substances use at the time of the index offence. He denied any conscious awareness of the potential for harm to other people or whether or not causing an accident was unlawful or in any other way wrong. He described being focused only on hitting his target in order to escape the terrible fate that was catching up to him imminently. He did not apply the brakes before impact and did not attempt to avoid collision, even in the last few seconds. Mr. Buksar recalled waking up in hospital while receiving stitches for a facial laceration. At that time he was aware of his surroundings and that he had been in an automobile collision. He was initially unaware that other people had been directly affected by the collision. He only learned some time later that the constable had been killed. Mr. Buksar denied the use of alcohol or any other psychoactive street substances at the time of the accident."
Hospital Report dated September 10, 2025
The Hospital Report dated September 10, 2025, was prepared for this hearing, and contains a detailed review of Mr. Buksar’s personal and mental health history.
He is diagnosed with Schizophrenia, Cannabis Use Disorder in sustained remission in a controlled environment, and Stimulant Use Disorder in sustained remission in a controlled environment.
Following the NCR finding, Mr. Buksar was detained at Brockville Mental Health Centre until June 2013, when he was transferred to the Regional Mental Health Care in St. Thomas under a detention order. On September 28, 2020, Mr. Buksar was returned to Brockville under a detention order, and then on March 30, 2023, he was transferred to St. Joseph’s Healthcare. On November 13, 2024, the Board found that restrictions to his liberty were warranted, and ordered that Mr. Buksar be transferred to Brockville Mental Health Centre.
Mr. Buksar was granted a conditional discharge in 2009 which was changed to a detention order the following year. He has remained on a detention order since 2010.
He has often over the years resided in the community in supervised accommodations, always having to be readmitted to the hospital. Most recently, he was discharged to live in the community in June 2024 and readmitted on September 16, 2024. This readmission resulted from his refusal to meet with his forensic outpatient team, and a noticeable change to his baseline and mental health status. He tested positive for opioid use, and expressed a desire to discontinue his antipsychotic medication. Mr. Buksar also advised his treatment team that he did not want to return to the group home.
Mr. Buksar has a history of substance use, including amphetamines and cannabis, which has also been the cause of readmissions to the hospital.
When in the community, in particular, Mr. Buksar has great difficulty complying with the rules of the residence and abstaining from substances. A rapid reappearance of psychotic symptoms occurs with substance use. He also becomes uncooperative with his outpatient treatment team, and there have been occasions when he was not home for a scheduled visit with his outpatient team.
Mr. Buksar does not engage in any therapeutic programming, and it is the opinion of the treatment team that Mr. Buksar would discontinue his treatment, including medication, without the oversight of the Review Board and consume illicit substances. The evidence indicates that his behaviour deteriorates with increased freedom.
It is the Hospital’s evidence that Mr. Buksar decompensates very quickly, and has very little insight into his illness, his need for medication, signs of psychotic symptoms emerging, and the harm to his mental health from his use of substances. The evidence further indicates that Mr. Buksar has a negative attitude towards the treatment team because of the multiple readmissions to St. Joseph’s, and he has informed the treatment team that he would not likely comply with their rules and recommendations in the future.
Mr. Buksar is 59 years of age. His mental illness started in his early 20s with a deterioration of his personality and interpersonal relationships. He experienced a decline in his overall functioning. He began talking to himself and demonstrated erratic and impulsive behaviour. He was admitted to hospital and was described as floridly psychotic lacking insight into his illness. He subsequently was admitted to hospital experiencing severe mood changes, auditory hallucinations, and delusional beliefs.
In 1996, in response to delusional beliefs, Mr. Buksar flew to Los Angeles. In 1997, he believed that a figure skater, Ms. Oksana Baiul, was in love with him and was in danger. He drove to Connecticut to protect her and was hospitalized in Connecticut for a period of time.
The Hospital Report indicates that Mr. Buksar is prone to irritability and angry outbursts, and has a history of engaging in verbal arguments. It refers to Mr. Buksar becoming angry very quickly.
The Hospital Report indicates that Mr. Buksar’s mental status and behaviour have remained relatively stable this past year. It is noted that he frequently responds to internal stimuli and exercises poor judgment. It also refers to incidents of rude behaviour towards staff, and occasional breaking of rules.
The Hospital has been requiring Mr. Buksar to provide daily urine for screening given his history of substance use.
In December 2023, Mr. Buksar was discharged to the Main East Rest Home, a residential care facility which provides 24/7 care and supervision. This includes the administration of medication. When he was readmitted to hospital in September 2024, this facility terminated his residency as a result of too many days away from the facility, his lack of cooperation with staff, and his breaking of the house rules. Mr. Buksar has remained in the hospital since this readmission, and there is currently no suitable housing available for him.
Mr. Buksar has expressed no interest in meeting new people, and has declined to participate in any therapeutic programming. He exercises community passes into the community indirectly supervised for 4 hours each day.
In assessing risk to the community, the Hospital Report indicates that Mr. Buksar’s mental status, his behaviour and presentation has not appreciably changed over this past year.
There have been various occasions of verbal aggression noted, though no physical aggression. He blames staff for tampering with his drug screen sample and for sabotaging his discharge into the community. Mr. Buksar experiences chronic delusions, which he denies, and occasionally is observed to engage in bizarre behaviour which is not regarded as dangerous. He is currently taking an oral antipsychotic, but the Hospital indicates that it will likely change the medication to a long-acting injectable if Mr. Buksar was discharged to live in the community.
The factors pertaining to his risk to public safety are identified by the Hospital as, his mental illness, his lack of insight into the risk he poses when experiencing psychotic symptoms, his use of illicit substances, and an antisocial attitude.
Mr. Buksar does not have an Approved Person or any family living in the Hamilton area. His only protective factor is the forensic psychiatric program.
Testimony of Dr. Prat
Dr. Prat has been Mr. Buksar’s treating psychiatrist since November 2023, and he testified at these proceedings.
He reiterated the salient facts provided in the Hospital Report. Dr. Prat referred to the Main East Rest Home having difficulty managing Mr. Buksar’s behaviour and attitude. This includes observing Mr. Buksar trying to sell illicit substances.
Although Mr. Buksar often changes his mind regarding a transfer to Brockville, Dr. Prat believes that this term should remain in the Disposition given his attitude towards the staff at St. Joseph’s. A change in staff may prove beneficial to Mr. Buksar. Dr. Prat also advised that the wait for the transfer to occur is a source of anxiety for Mr. Buksar.
The Hospital advised that it has been informed by Brockville that Mr. Buksar is next in line for a room, and that St. Joseph’s expects the transfer to occur within a couple of months. Dr. Prat further advised that it is highly unlikely accommodation in appropriate housing would become available in Hamilton before the transfer to Brockville.
Dr. Prat testified that Mr. Buksar is unable to reflect on and consider his behaviour, and is reluctant to share his thoughts. With more freedom there is less compliance with treatment and cooperation with staff, and when Mr. Buksar is unwell, he is not able to make appropriate decisions.
Dr. Prat agreed with a suggestion from Crown Counsel that some of Mr. Buksar’s issues relate to personality rather than psychosis.
Dr. Prat acknowledged to counsel for Mr. Buksar that Mr. Buksar does not have a criminal record. Dr. Prat advised that there is a strong relationship between substance use and public safety; when Mr. Buksar decompensates, he becomes more disorganized. Dr. Prat indicated that it is much more difficult to manage Mr. Buksar in the community.
In answering questions from the panel, Dr. Prat advised that Mr. Buksar blames the outpatient manager for his readmission in September 2024.
Dr. Prat stated that Mr. Buksar is still likely symptomatic, and that Mr. Buksar’s irritability and anger can be triggered by very trivial events.
Dr. Prat also acknowledged that he has not seen any change in Mr. Buksar’s mental status or behaviour after substance use.
Submissions
- In their submissions, the Hospital and Crown Counsel simply reiterated the need for a detention order with a transfer to Brockville. On behalf of Mr. Buksar, counsel simply expressed his desire for the transfer to Brockville to occur soon.
Analysis
After considering the evidence, the panel accepts that Mr. Buksar remains a significant threat to the safety of the public, and that a continuation of the current Decision and Disposition is necessary and appropriate.
The panel accepts that the risk factors are his mental illness, his use of substances, his lack of insight into his illness and the need for treatment, his lack of awareness of emerging psychotic symptoms, and his antisocial attitudes.
Mr. Buksar has remained relatively stable this past year, but there has not been a substantial improvement in his condition or his behaviour. He continues to experience psychotic symptoms such as paranoia and delusions, and remains quick to anger for trivial reasons. He also continues to use substances.
The panel accepts the comment made by Dr. Prat that with more freedom comes less compliance. Without the control of a Disposition, and treatment and supervision by the Hospital or an outpatient team, Mr. Buksar would most likely withdraw from treatment, discontinue his medication and consume substances. His mental state would deteriorate, and the psychotic symptoms would intensify and become more frequent. This situation, along with his antisocial attitudes, would result in behaviour that puts public safety in jeopardy. His anger and paranoia would become substantial, and he would lack the ability to control his behaviour with appropriate judgment.
It is also necessary for the Hospital to approve housing for Mr. Buksar. He requires accommodation that is highly structured and supervised.
The panel also accepts that a transfer to Brockville may be in Mr. Buksar’s best interest, and that a term permitting the transfer should be included in this Disposition. He has developed a distrust of St. Joseph’s staff, and perhaps, he would become more amenable to engage in treatment at a different hospital.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
Dated this 29th day of October 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board