Ontario Review Board
Re: Faruk Burak
ORB File No: 8795
Hearing held on: Wednesday, September 24, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse Members: Dr. B. Sheppard Dr. G. Eayrs Mr. M.D. Segal Mr. W. Apted
Parties Appearing:
Accused: Faruk Burak Counsel: Ms. S. Dubb
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated November 5, 2025)
Introduction
On May 9, 2025, Mr. Faruk Burak was found not criminally responsible (“NCR”) on a charge of possession weapons dangerous, contrary to the Criminal Code of Canada. At the time of the NCR finding, the Honourable Court did not make a disposition and referred the matter to the Ontario Review Board.
On September 24, 2025, a panel of the Ontario Review Board (“ORB”) convened at the Centre for Addiction and Mental Health, Toronto, (“CAMH” or “the hospital”), to conduct the initial hearing for Mr. Burak, pursuant to s. 672.47(1) of the Criminal Code. Mr. Burak attended the hearing, represented by his counsel, Ms. S. Dubb.
The following documents were entered as exhibits for the hearing:
(i) Warrant of Committal dated May 9, 2025
(ii) Information
(iii) Criminal Record
(iv) Synopsis
(v) Psychiatric Report dated November 25, 2024
(vi) NCR Report dated April 25, 2025
(vii) Transcript dated October 2, 2024 (in relation to conviction on assault (x3), which charges were stayed by the Attorney General on September 4, 2025)
(viii) Initial hearing Hospital Report dated September 8, 2025
The issues for this hearing are whether Mr. Burak meets the threshold for significant threat to the safety of the public, and if so, to determine the necessary and appropriate disposition having regard to the factors set out at s. 672.54 of the Criminal Code.
At the outset of the hearing, the parties jointly submitted that Mr. Burak meets the threshold for significant threat to the safety of the public and that a detention order with privileges up to and including indirectly supervised community privileges, is the necessary and appropriate disposition to manage the risk at this time. This joint submission was maintained at the conclusion of the hearing.
For the reasons set out below, the Board accepts the joint submission of the parties and finds that Mr. Burak poses a significant threat to the safety of the public and that a detention order with privileges up to and including indirectly supervised community passes, is the necessary and appropriate and least onerous and least restrictive disposition to manage the risk.
Index Offence
- The circumstances of the index offence have been extracted from the Synopsis for Plea as follows:
“On Saturday March 2nd, 2024, at approximately 14:40hrs the accused was in the area of Queen Quay West and Rees Street. The accused was observed by multiple concerned citizens who saw them waving around a large knife and lunging towards people with it. One of the concerned citizens ran towards the Toronto Police Service Marine Unit station around the corner and notified Officers there.
Marine Unit Officers attended the area of Rees Street and Queens Quay West. Officers located the accused on the South side of the intersection. The accused was still waving around the knife in the direction of citizens and lunging towards people with the knife (CHARGE 1, CHARGE 2). Officers arrested the accused, read them their rights to counsel and cautioned them. The accused provided verbal ID to which Officers confirmed their ID via on file Police Mugshot. Through the investigation, Officers discovered the accused signed and agreed to a release Order which included the condition to not possess any weapons as defined by the criminal code.
The accused was transported to 52 Division pending a Show Cause hearing.”
Background History
Mr. Burak’s personal, legal and psychiatric history are set out in detail in the Hospital Report. Briefly summarized, Mr. Burak is currently 45 years of age and is from Turkey, having come to Canada on a visa in approximately 2019. He reported being a citizen of Israel, that he is Jewish and that he is a refugee from Israel. Upon his arrival in Canada, Mr. Burak settled firstly in Toronto but then relocated to Montreal. He then moved to Halifax where he remained for almost two years and in October of 2021, returned to Toronto where he stayed in a shelter as he was experiencing homelessness.
Mr. Burak reported that he believes that his father suffered from schizophrenia or schizoaffective disorder, however, he was not aware of any formal family history of mental illness.
Much of the collateral information obtained by the hospital in the preparation of the Hospital Reports for the NCR finding and for the initial hearing, were provided either by Mr. Burak himself or by his brother, Mr. Ahmet Burak. Those two versions of Mr. Burak’s history did not always concord.
Mr. Burak reported that he completed his high school education in Turkey and that he then successfully obtained a master’s degree in Russia, followed by a PhD in Israel specializing in psychology.
Mr. Burak reported that he was diagnosed with epilepsy at the age of 12 and this was corroborated by his brother, however, upon neurological assessment, the diagnosis could not be confirmed nor was there any evidence of history of treatment for epilepsy.
With respect to substance use, Mr. Burak reported that he began using marijuana in his twenties to manage his epilepsy. He stated that while in Russia he was unable to obtain marijuana and instead consumed 200 mg of vodka daily. Mr. Burak reports that his marijuana use increased to the point where he was smoking seven grams per day on a regular basis. While at the South Toronto Detention Centre, Mr. Burak requested a prescription for cannabis, and this request was declined.
Criminal History
- Mr. Burak’s criminal history is extracted from the hospital report as follows:
“Mr. Burak reported that he had no legal history prior to coming to Canada. In 2021, while residing in Halifax, he was with a friend when they were attacked and fought back defensively. During the fight his friend killed someone. They were arrested. He provided a statement and was released without being charged.
Mr. Burak reported that he incurred his first legal charge in Toronto for trespassing in 2022/2023. He further reported having incurred quite a few trespassing charges since then. He mentioned that being homeless sometimes required him to find a place to sleep. Security officers kick him out and he gets in trouble.
CPIC/ Criminal Record
According to Mr. Burak’s Criminal Record, he does not have a history of convictions. The following occurrences are noted: 4 x Assault with a Weapon, 2 x Possession of a Weapon, 5 x Assault, 1 x Mischief, 1 x Mischief/Damage Property Not Exceeding $5000, 1 x Threatening, 5 x Uttering Threats, 2 x Fail to Comply with Release Order and 3 x Fail to Subsequently Attend Court.”
Psychiatric History
Mr. Burak reported that he first experienced symptoms of schizophrenia at approximately the age of 12-13, while he was living in Turkey. He heard voices that tried to trick him, told him to do things, and told him that they would kill him. He also experienced paranoia. It was not until his twenties, while serving in the Israeli military, that he was formally diagnosed with the illness. He was initially treated with oral Risperdal which was later switched to a long-acting injectable version of the medication. He has also been prescribed antidepressant medications (Paxil, Effexor, Prozac, and Wellbutrin) and antipsychotic/mood stabilizing medication (Seroquel). In Toronto, his medications were prescribed by a family doctor, starting sometime after 2023.
In terms of symptoms, Mr. Burak reported hearing voices, but that do not control him currently. He also reported having experienced thought blocking, feeling as if his thinking was stuck, in the past. He has experienced paranoia in the past. The voices have also told him that they would kill him because he was living on the street. They even tried to kill him. They directed him somewhere where someone robbed him. He reported that when he smoked poor quality marijuana, he would hear the voices, and it would trigger epileptic seizures. When smoking marijuana, he felt that it helped with his epilepsy but that he would be so high that he would lose control, and the voices would take full control over him. Mr. Burak also believed that he had special powers. For instance, he could draw a picture and something bad would happen. If someone hurt him, he would draw a picture and it would happen, the person would lose his job or divorce his wife. As a result of this special power, he had worked for NASA since coming to Canada. He reported that he continues to work for them on climate change.
Mr. Burak’s suicide attempts have occurred in the context of command auditory hallucinations. He reported a history of depressive episodes and that he has a tendency towards being depressed including currently because of difficulties associated with incarceration.
Mr. Burak reported that he had had as many as 30 admissions or Mental Health Act apprehensions and that he had been taken to hospital for trespassing. The Hospital Report contains a detailed account of Mr. Burak’s various admissions to hospital between April 20, 2022, and December 12, 2024.
Mr. Burak’s current diagnoses include schizophrenia and cannabis use disorder.
Evidence at the Hearing
The hospital’s evidence was presented through its report and through the oral testimony of Dr. K. Crosse, a Psychiatric Resident PGY-5, under the supervision of Dr. Jaiswal and Dr. Ali. This evidence is summarized below.
Dr. Crosse adopted the contents of the Hospital Report, which he co-authored with Dr. Ali, and advised that there were no major developments since the completion of that report.
The treatment team has continued to have discussions with Mr. Burak about treatment options. The treatment team believes that Mr. Burak is not optimally treated at this time as he continues to endorse auditory hallucinations and delusional beliefs that he can control the weather and that he works for NASA. The team have observed that Mr. Burak is internally preoccupied, and this is affecting his ability to participate in programming on the unit. Dr. Crosse explained that these symptoms were not as prominent when Mr. Burak was treated on both olanzapine and paliperidone but that he discontinued taking the paliperidone because he was experiencing sexual side effects. He is currently refusing to add a second antipsychotic medication but is engaging in discussions with the treatment team about considering options to treat those side effects or to trial a medication that might have a lesser side effect profile.
Dr. Crosse confirmed that Mr. Burak’s current diagnoses includes schizophrenia and cannabis use disorder. Mr. Burak has limited insight into the symptoms of his illness, but he does accept that antipsychotic medications have helped him with psychotic symptoms. He does not recognize his residual symptoms.
Mr. Burak remains on the Forensic Assessment and Treatment Unit (FATU) and has not presented with any management difficulties in hospital. He has been amenable to direction and has not been involved in any major incidents on the unit. Dr. Crosse confirmed that once a disposition has been made by the Ontario Review Board, Mr. Burak will be transferred to another secure unit.
In the opinion of Dr. Crosse, Mr. Burak poses a significant threat to the safety of the public given his history of violence and his poor insight into his illness, his symptoms and the need to accept adequate treatment. Absent oversight by the ORB, Dr. Crosse believes that Mr. Burak would fall away from care and follow-up, that he would return to cannabis use, that his illness would decompensate, and that he would likely re-offend in the manner that he did at the time of the index offences.
The hospital is not recommending that community living be included in the Disposition at this time. In addition to the fact that Mr. Burak has ongoing symptoms, that he is not optimally treated and has only been in hospital since July 8, 2025. He has not yet had an opportunity to meaningfully participate in psychoeducational programming. The hospital believes it is unlikely that Mr. Burak would be ready for community living over the course of the next 12 months. Dr. Crosse also explained that at this time Mr. Burak does not have any identification and he will not be able to apply for ODSP until he obtains proper identification documents. This will make it difficult to place Mr. Burak in the community until he has proper documentation and the financial support of social assistance programming.
Dr. Crosse believes that it is possible that Mr. Burak will be able to exercise his indirectly supervised community passes over the course of the next 12 months and that he may possibly be transferred to a general unit should he achieve an adequate level of psychiatric stability.
The hospital is also recommending the inclusion of a weapons prohibition as the index offence involved Mr. Burak waving a knife around in proximity of other people. In addition, clauses requiring Mr. Burak to abstain from substances and to submit to random urine drug screens are recommended. There is evidence that points to the fact that Mr. Burak has previously decompensated with the use of cannabis.
Regarding the plan for the upcoming year, Dr. Crosse advised that once a disposition has been issued, Mr. Burak will be transferred to a secure unit and that discussions regarding treatment optimization will continue. He will have access to additional programming with a view to helping increase his insight with respect to his illness and the need to abstain from substances.
In response to questions posed to him by counsel for the Attorney General, Mr. Coughlin, Dr. Crosse confirmed that the hospital was unable to find any medical records or information supporting the claims of Mr. Burak and his brother that he has a diagnosis of epilepsy. Dr. Crosse also acknowledged that the hospital is aware that Mr. Burak is still facing outstanding criminal charges and that the hospital will facilitate attendance at any upcoming court appearances.
In response to questions posed to him by counsel for Mr. Burak, Ms. Dubb, Dr. Crosse acknowledged that at page 17 of the Hospital Report, it confirms that Mr. Burak was tested as needing brief intervention on his cannabis use. Dr. Crosse confirmed that the programming that would be offered to Mr. Burak to address his history of heavy chronic cannabis use would involve group programming on the unit with the availability of 1:1 therapy, if necessary. Dr. Crosse confirmed that this will happen once Mr. Burak is transferred to a secure unit.
In response to questions posed to him by members of the panel, Dr. Crosse testified as follows:
a) Olanzapine is currently the only antipsychotic medication being taken by Mr. Burak. He is on a dose of 10 milligrams in the morning and 20 milligrams at night. Mr. Burak is currently refusing augmentation because of sexual side effects that he experienced previously but is willing to continue taking olanzapine as he appreciates that he receives some benefit from that medication.
b) Mr. Burak has told the treatment team that he is experiencing command hallucinations to harm others but says that he can disregard them and maintain control over himself. Mr. Burak acknowledges that these command hallucinations are symptoms of his illness.
c) Dr. Crosse stated that the information provided by Mr. Burak and his brother about his epilepsy diagnosis has not altered the course of treatment as there is no evidence of Mr. Burak having epilepsy and he appears to be tolerating his medication.
d) With respect to Mr. Burak refusing to take a second antipsychotic medication, he has recently been more open to discussing this and the possibility of adding the Aripiprazole to his treatment. There is always a risk of side effects.
e) Dr. Crosse confirmed that the hospital is not recommending the addition of community living to the disposition given that Mr. Burak has not demonstrated that he is able to function in an independent setting. Furthermore, as there are currently no housing options for Mr. Burak, he could return to homelessness. Mr. Burak has not yet met with an occupational therapist to assess his abilities to live in the community. Dr. Crosse added that the hospital is not recommending the inclusion of community living as it is unlikely to happen and there is concern that this might interfere with Mr. Burak’s rehabilitation and impact his engagement with the team if he were to become unduly focused on community living at this time. Even if the hospital were to have the authority to approve accommodation, Mr. Burak remains highly symptomatic and not likely to be discharged in the next 12 months.
f) Dr. Crosse is not aware of any familial or social supports that Mr. Burak might have in the Toronto area. He had mentioned having a wife, but the hospital has not met her and is not aware of who she is. Mr. Burak’s brother reportedly lives out of Canada though there was no specific information about where he is.
g) Dr. Crosse was not aware as to what Mr. Burak’s current immigration status might be. Mr. Burak reportedly entered Canada in September of 2019 under a visa; however, little is known about his current situation.
h) The treatment team is recommending that Mr. Burak be detained at the Forensic Service of CAMH without specifying a security level given the early stages and the possibility that Mr. Burak could be transferred to a general unit over the course of the next year.
i) Dr. Crosse confirmed that Mr. Burak is currently capable of consenting to treatment.
- No other evidence was presented.
Analysis and Conclusion
Having considered all of the evidence presented at the hearing, and the joint submission of the parties, the Board finds that Mr. Burak meets the threshold of significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code of Canada and as further defined in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
According to R. v. Winko, a “significant threat to the safety of the public” means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature.
Our finding that Mr. Burak represents a significant threat to the safety of the public is based on the uncontroverted evidence of the hospital which established that Mr. Burak has a long history of major mental illness for which he has not received adequate and consistent treatment. He has a history of offending violently when unwell and his chronic and heavy cannabis use has worsened the symptoms of his illness. Without the oversight of a Board disposition, it is very likely that Mr. Burak would completely disengage from treatment and follow-up, and that he would return to homelessness and eventual criminal offending in the context of mental decompensation.
Mr. Burak was admitted to the hospital on July 8, 2025, and remains on the FATU having had limited opportunities for participation in programming. Mr. Burak continues to have auditory hallucinations including command hallucinations to harm others and though he says that he is able not to act on them the hospital's evidence is that he remains highly symptomatic at this point. Due to side effects experienced with previous medication, Mr. Burak is reluctant to augment his medication which would target these residual symptoms though this remains an ongoing discussion between he and his treatment team.
Mr. Burak has a history of heavy cannabis use and though he is currently abstaining due to being in hospital, he has not yet had any substance use counseling since the commission of the index offences.
Mr. Burak is behaviourally stable but has no supports in the community. He currently has no identification documents and needs to apply for social assistance to be eligible for housing. The hospital should obtain further information about Mr. Burak’s immigration situation as it is currently unknown on what status he remains in Canada.
We agree that community living is likely unachievable in the next 12 months. There is concern that including community living in the disposition could be an obstacle to therapeutic engagement; however, if Mr. Burak progresses more rapidly than expected, the hospital could request an early hearing to add community living to the disposition.
Having considered the four factors set out at s. 672.54 of the Criminal Code, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs, the Board finds that a detention order is the necessary and appropriate and least onerous and least restrictive disposition. The disposition shall include the following terms and conditions:
- Privileges up to and including indirectly supervised community passes;
- a weapons prohibition;
- a condition to abstain from all non-prescribed substances; and
- a condition to submit to random urine drug testing.
DATED this 5th day of November, 2025, at the City of Toronto, in the Region of Toronto.
Ms. M. Labrosse Alternate Chairperson
Office of the Registrar Ontario Review Board