Re Frank Pennacchio, 2025 CanLII 111843 (ON RB)

Ontario Review Board

Re: Frank Pennacchio

ORB File No. 4079

Hearing Date: September 11, 2025

Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5^th 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: Frank Pennacchio Counsel: Mr. A. Confente

The Person in charge of Hospital: Counsel: Ms. S. O’Brien

Attorney General of Ontario: Counsel: Ms. J. McKenzie

REASONS FOR DISPOSITION

(Dated October 29, 2025

Introduction

1. Mr. Pennacchio was found not criminally responsible (NCR) on November 18, 2004, for the criminal code offence of assault.

2. He is currently subject to a discharge with conditions under a Disposition dated September 19, 2024. This Disposition requires him to reside at 1 Montebello Place, St. Catharines, and to report to the person in charge of St. Joseph’s Healthcare (St. Joseph’s) at least once per month. With his consent, he is also required to take medication and treatment.

3. A panel of the Ontario Review Board (the panel) convened this annual hearing on September 11, 2025, to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada.

4. At the commencement of the hearing the Hospital submitted that Mr. Pennacchio was a significant threat to the safety of the public, and that a continuation of the current conditional discharge was necessary and appropriate. Crown Counsel concurred with the Hospital’s submissions. Counsel for Mr. Pennacchio submitted that Mr. Pennacchio was no longer a significant threat to the safety of the public, and he was, therefore, entitled to an absolute discharge. He further submitted, however, that if the panel found that Mr. Pennacchio continued to be a significant threat he had no objection to the current Disposition continuing as suggested by the Hospital.

5. After considering the evidence, the panel concluded that Mr. Pennacchio was a significant threat to the safety of the public, and that a continuation of the current Disposition was necessary and appropriate.

Index Offence

6. The following is a synopsis of the index offence which occurred on July 7, 2004:

“On July 7, 2004, at approximately 10:15 hours, police responded to 211 Queenchester Terrace for an assault call. Upon arrival, police were advised that the male, Frank Pennacchio, was currently being restrained by his worker and police were taken to their location in the basement smoking area. On arrival in the smoking area, the worker identified himself as Ed Klassen, CTO caseworker for Mr. Pennacchio and advised Mr. Pennacchio was being belligerent and had assaulted him. At this time, Mr. Pennacchio was arrested for assault and taken into custody. Visible to the author was a red mark on the upper right cheek below the eye of Mr. Klassen. Rights to counsel and caution were administered. Upon further investigation, it was determined that Frank Pennacchio was also involved in an assault with a fellow tenant by the name of Chris Kemp earlier today, the original assault police were contacted for. Count #1, Assault, victim Mr. Chris Kemp.

When speaking with Mr. Kemp, it was explained that upon his return to Queenchester Terrace that evening, he approached the nurse's door and knocked to ask about his medication. While standing waiting for an answer, a male described as white, with curly hair and wearing blue jeans, approached him from the common area and hit him with a closed fist, landing it on his right cheek. Other residents were spoken with, reported to this occurrence and concurred with the occurrence of events. Note of the effects were made in the author's duty book and signed off. Mr. Kemp spoke of the hit to the right cheek area. No redness was visible and time may be a factor. Mr. Kemp explained that after Mr. Pennacchio hit him, he threatened "he was going to kill him" and spoke of further violence stating, ‘You’re lucky I do not put your head through a wall.’ Mr. Kemp left the area to return approximately ten minutes later. At this time, the male, Mr. Pennacchio, hit Mr. Kemp again, with an open hand in the same location, the right cheek, grabbed him by the throat, then letting go stating, ‘I hate you.’”

Hospital Report dated August 18, 2025

7. The Hospital Report dated August 18, 2025, was prepared for this hearing, and contains a detailed review of Mr. Pennacchio’s personal and mental health history.

8. Mr. Pennacchio is diagnosed with Schizophrenia and Intellectual Disability (mild).

9. He has been living in the community under the supervision of the Forensic Outpatient Program of St. Joseph’s for most of his tenure under the Ontario Review Board.

10. Mr. Pennacchio has been subject to a conditional discharge since 2011, and has been residing at Montebello Place since 2011. This residence is a Home for Special Care and highly structured with 24/7 supervision.

11. This past year he was seen weekly by the forensic outpatient team as well as Niagara ACTT. The Niagara Act Team provided weekly follow-up and monitored his clozapine which was dispensed by residence staff. There were no issues with Mr. Pennacchio’s medication compliance.

12. His first admission to hospital for psychiatric treatment was in 1982, and by the year 2000 he had been admitted to hospital on 10-12 occasions. His diagnosis was initially schizophrenia, paranoia, antisocial and narcissistic traits. Following the NCR finding he was readmitted to hospital after assaulting co-residents on various occasions.

13. His parents reside in St. Catharines. Mr. Pennacchio is the oldest of 3 children.

14. He has been readmitted to hospital for brief periods of time annually since 2017, and in 2025, he was readmitted from March 13-24, and June 1-9.

15. Mr. Pennacchio has never been gainfully employed, and has been in receipt of a disability pension since the age of 18.

16. Mr. Pennacchio has reported consuming alcohol when he visits his family, and expressed a desire to drink alcohol at his residence. He has limited insight into the negative impact alcohol has on his mental stability.

17. Mr. Pennacchio consistently endorses auditory hallucination and religiously themed delusions, that include communicating with God, Jesus Christ, and the devil. He reports that these perceptual disturbances sometimes cause him distress. He also reports experiencing visual hallucinations, such as seeing Jesus Christ in the park or horror images on his television when it is off. During periods of heightened perceptual disturbances, he may present as irritable, with pressured speech and tangential thought processes.

18. Mr. Pennacchio’s condition has not improved to any appreciable extent over the years. The psychotic symptoms and antisocial behaviour have become deeply entrenched. He experiences auditory and visual hallucinations usually related to God and the devil. He also experiences paranoid and persecutory delusions. He has very poor insight into his condition, not believing that he has Schizophrenia, or has any need for medication. He believes he can live on his own and does not require the supervision and support of the Hospital and his residence.

19. These psychotic symptoms fluctuate, and when they intensify, a hospital readmission has been necessary. In November 2020, he was readmitted after demonstrating a decline in his condition and an increase in the symptoms. He had made threats to co-residents, was observed to be responding to internal stimuli, and was experiencing visual, tactile and perceptual disturbances. He indicated in 2021, that “killing and rape done out of love is not bad.” He reported that the devil is taunting him to hurt other people with a knife.

20. In 2023, Mr. Pennacchio was readmitted after a co-resident complained that Mr. Pennacchio had touched his knee. Mr. Pennacchio told a staff member that “she had big boobs” and asked to touch them. He also asked staff to take him to a store to purchase porn.

21. In 2024, he was readmitted after touching a female resident’s knee without her consent. He indicated that he does not have Schizophrenia or any need for meds, and that “God told him the staff were evil and he should move.” He regularly expresses frustration with the house rules.

22. This past year, Mr. Pennacchio told his psychiatrist that the devil was communicating with him through the television. He was watching a show and Dracula told him to eat the young girl that was in the movie.

23. This past May, Mr. Pennacchio’s brother contacted the hospital advising of a decline in his brother’s mental state. The brother indicated that Mr. Pennacchio appeared possessed, and he was told by his brother that the devil told him to harm his brother.

24. Mr. Pennacchio was readmitted to hospital in June after a serious verbal altercation with a co-resident, and advising staff that the co-resident was “giving off bad vibes.”

25. In addition to the psychotic symptoms being entrenched, Mr. Pennacchio’s behaviour continues to be antisocial and dangerous. He has been involved in numerous verbally and physically aggressive incidents with co-residents. He has continuously entered the rooms of co-residents and stolen their property. Mr. Pennacchio has on occasion stolen money from staff, and in 2018, was close to being evicted from this residence on account of these thefts.

26. He becomes easily frustrated and disinhibited. He is urinary incontinent, and is often observed urinating off the front porch of the residence in public view notwithstanding being told repeatedly that this behaviour is unacceptable.

27. There have also been occasions where Mr. Pennacchio crossed a street with heavy traffic without looking and forced the drivers to slam on their breaks.

28. Mr. Pennacchio has acknowledged to staff that he consumes alcohol and occasionally marijuana.

Testimony of Dr. Shariati

29. Dr. Shariati has been treating Mr. Pennacchio since October 2022. He testified that, overall, this has been a positive year for Mr. Pennacchio. There were fewer conflicts with co-residents, and only isolated use of beer and cannabis.

30. Dr. Shariati describes the Schizophrenia as treatment resistant.

31. Regarding risk to public safety, Dr. Shariati indicated that there has not been a material change to Mr. Pennacchio’s risk to public safety this past year. The Mental Health Act is sufficient to manage this risk while Mr. Pennacchio remains in supervised housing. Dr. Shariati advised that this housing could be in jeopardy if Mr. Pennacchio does not take his medication and his condition and behaviour deteriorate.

32. Dr. Shariati testified that Mr. Pennacchio is capable of misidentifying his social environment and then reacting in a dangerous manner to those around him. He further indicated that Mr. Pennacchio is served very well at Montebello and that you would not find better housing in Hamilton.

33. In answer to questions from Crown Counsel, Dr. Shariati acknowledged the command hallucination to harm his brother. He also indicated that Mr. Pennacchio’s insight into the harmful effects of cannabis in combination with his medication is limited. Mr. Pennacchio’s mental state and behaviour would decline within days of stopping his medication.

34. In answer to questions from Mr. Confente, Dr. Shariati stated that Mr. Pennacchio is a heavy smoker of cigarettes, and cigarette smoking is not good with clozapine. Dr. Shariati was asked if he contemplated a move for Mr. Pennacchio to another residence. Dr. Shariati repeated that you couldn’t find a better facility than Montebello Place who provide excellent service.

35. Dr. Shariati was asked if the Niagara Act Team would continue to see Mr. Pennacchio in the event of an absolute discharge. He responded that the Niagara Act Team is not capable of providing the level of service provided by the forensic team.

36. In answer to questions from the panel, Dr. Shariati advised that Montebello administers the medication. He further advised that the risk to public safety could not be properly managed without the services of the forensic outpatient team, the Niagara Act Team and the staff at Montebello.

Testimony of Mr. Pennacchio

37. Mr. Pennacchio testified that he would like to leave Montebello and move to Hamilton to be closer to his family. He stated that he is very capable, he does not need the services of Montebello, but that he would still take his clozapine. He further stated that he would stay engaged with the Niagara Act Team. He would continue to use cannabis occasionally. If he was not feeling well, he would call his worker. Mr. Pennacchio stated that he is very religious.

Submissions

38. The Hospital simply submitted that Mr. Pennacchio is at his best at Montebello, and that this residence is the best suited to prevent a risk to the public.

39. The Crown agreed with the Hospital’s submissions, and referred to Mr. Pennacchio’s history of violence, his treatment resistant Schizophrenia, his lack of insight, substance use, and the very likely decline in his mental state if not under the authority of the Review Board.

40. Counsel for Mr. Pennacchio indicated that Mr. Pennacchio would like an absolute discharge. He submitted that Mr. Pennacchio was willing to take his medication, stop his use of cannabis, and engage with the Niagara Act Team.

Analysis

41. After considering the evidence, the panel accepts that Mr. Pennacchio remains a significant threat to the safety of the public, and that a continuation of the current Disposition is necessary and appropriate.

42. Mr. Pennacchio is diagnosed with treatment resistant Schizophrenia. The hallucinations and delusions have persisted since the index offence, and occasionally, including over the past year, he has been directed to harm someone by a voice that he hears.

43. His behaviour has been consistently aggressive, both verbally and at times physically, towards co-residents at his home.

44. Mr. Pennacchio does not follow advice or direction from staff, and has regularly complained about the house rules. He is often dismissive of staff direction.

45. Mr. Pennacchio has engaged in shoplifting in the community, and often theft of personal property belonging to other residents. He has also stolen money from staff at his residence.

46. It is clear from the evidence that Mr. Pennacchio has no insight into his condition and the benefits of medication. He denies having a psychotic disorder or any need for medication.

47. It is highly likely that Mr. Pennacchio, without a Disposition from the Review Board, would leave his current residence and no longer take medication. His symptoms would very quickly become intense and his behaviour would dramatically deteriorate. He has behaved violently while living in supervised accommodation and while being supervised by the outpatient team and the Niagara Act Team. There is no doubt that without such supervision and monitoring, and likely without stable housing and medication, Mr. Pennacchio’s violent behaviour would increase in intensity and frequency. It is also necessary for the Hospital to approve his residence to manage his risk to public safety.

48. In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.

DATED this 29^th day of October 2025, at the City of Toronto, in the Toronto Region.

Kevin McKenna

Legal Member

Office of the Registrar

Ontario Review Board