Re: Shashank Gupta
ORB File No: 7582
Hearing held on: Tuesday, September 23, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. C. Finley Members: Dr. R. Kunjukrishnan (by Zoom) Dr. G. Stones Ms. C. Murray Mr. J. Cyr
Parties Appearing: Accused: Shashank Gupta Counsel: Ms. S. Pennypacker
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. A. Lepchuk
REASONS FOR DISPOSITION
(Dated November 3, 2025)
Introduction
1On July 4, 2019, Shashank Gupta was found not criminally responsible on account of mental disorder on charges of assault and assault with a weapon, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board) dated September 16, 2024, detaining him at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton, West 5th Campus, Hamilton (St. Joseph’s/the hospital) with discretionary privileges up to and including the ability to reside in the community in approved accommodation.
2On September 23, 2025, the Board convened a hearing to conduct the annual review of Mr. Gupta’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Gupta was present and represented by Ms. Pennypacker.
3At the outset of the proceedings, all parties were canvassed as to their positions on the issues to be determined by the panel: whether Mr. Gupta continues to represent a significant threat to the safety of the public; and if so, the necessary and appropriated disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
4Ms. Barney, on behalf of the hospital, submitted that Mr. Gupta remains a significant threat to the safety of the public, and the necessary and appropriate disposition is a continuation of his current disposition with no change. Ms. Lepchuk, on behalf of the Ministry of the Attorney General, and Ms. Pennypacker concurred in the hospital’s positions. Ms. Pennypacker specifically conceded that significant threat was not in issue at this time. Thus, a joint recommendation was presented to the panel.
Findings
5For the reasons that follow, the panel found that Mr. Gupta remains a significant threat to the safety of the public and the necessary and appropriate disposition to manage that risk is a continuation of the current detention order with the same terms and conditions.
The Evidence
6The evidence at the hearing consisted of the Hospital Report, dated August 7, 2025 (ex. 1), and the viva voce evidence of Dr. Sutton, Mr. Gupta’s treating psychiatrist.
The Index Offences
7A summary of the index offences has been taken from the last Reasons for Disposition, dated October 9, 2025:
The facts of the index offences are set out in the August 22, 2024, hospital report, filed as Exhibit 1 at the hearing. On December 13, 2018, police responded to a complaint by a mother than an unknown male had approached her 10-year-old son as he was playing at the end of their driveway with her three-year-old daughter, grabbed him by the arm, and pulled him toward the sidewalk. The boy’s mother intervened, separated the two, and ushered her children into the garage. The male – later identified as Mr. Gupta - approached the garage door, picked up a piece of wall trim, and struck the children’s mother in the leg before she was able to close the garage door. He remained on the driveway, acting aggressively. Police arrived and arrested him on the sidewalk near the residence. He approached police with his hands outstretched, demonstrating an intention to be handcuffed, and stated, “if you don’t arrest me, I’m going to keep attacking kids”. He was transported to a police division, where he advised that he was possibly going to rape the young boy he had assaulted. Neither victim sustained any injuries nor required medical attention.
Background Information
8The Hospital Report provides considerable information concerning Mr. Gupta, his personal history, his mental health history, and his course in hospital and in the community subsequent to the date of the NCR hearing. It is unnecessary to summarize this information in these Reasons beyond the following material facts.
9Mr. Gupta is a 32-year-old man who immigrated from India at the age of eighteen. He completed one year of engineering at McMaster University. He has no history of substance abuse and no criminal record.
10Mr. Gupta was first admitted to hospital for two weeks in May 2018 after he threatened to commit suicide. He was noncompliant with his medication and, a week after his discharge, he was readmitted to hospital after being found by police walking on the street in his underwear.
11In February 2022, Mr. Gupta was discharged from hospital to a Canadian Mental Health Association facility, Baldwin House. He was readmitted three weeks later after contacting his case manager in a distressed state. He reported auditory hallucinations, and that “Buddy” was bothering him. He admitted to lying to the forensic outpatient team “in order to keep Buddy happy”. He stated that Buddy controls him. Staff at the residence reported that Mr. Gupta had been noncompliant with his medication, Sertraline, for two days.
12Upon admission to hospital, Mr. Gupta reported thoughts of self-harm and harm to others. He indicated that “Buddy” was commanding him to strangle staff and he requested that he be placed in seclusion. Mr. Gupta also was verbally aggressive toward co-patients.
13Once settled on the unit, Mr. Gupta and his treatment team worked towards transitioning him back to Baldwin House. Unfortunately, his mental status deteriorated. The team concluded that Baldwin House was no longer considered an appropriate residence as it did not provide the amount of structure and supervision that Mr. Gupta required. Mr. Gupta was placed on the waitlist for more supportive housing.
14Mr. Gupta’s current diagnoses are Autism Spectrum Disorder, Obsessive Compulsive Disorder (OCD), with absent insight/delusional beliefs, tic-related and Obsessive-Compulsive Personality Traits. He is prescribed daily doses of Sertraline and Lorazepam on an as needed basis. He is considered capable of making treatment decisions.
15Throughout the last year, Mr. Gupta has remained in hospital. He has not displayed any aggression or inappropriate behaviour while on the unit. He continues to report times when he feels that he loses control over his body to “Buddy”. These incidents are unpredictable and raise safety concerns for Mr. Gupta and those in his vicinity.
16Mr. Gupta has remained compliant with medication. Over the course of the year, Mr. Gupta has made gains in managing his auditory hallucinations. He has been less preoccupied with them and able to engage in activities in the community. He has achieved level 4 passes, which enable him to exercise indirectly supervised passes in the community for four hours, four times a week. Once a week, he volunteers at the Good Shepherd’s Venture Centre, a clothing and food bank.
17The treatment team has been working with Mr. Gupta to develop skills in meal planning and preparation. The plan is to support Mr. Gupta in a gradual transition to community living by first going through a trial in an apartment that is located on hospital grounds. This will give Mr. Gupta an opportunity to exercise skills necessary while continuing to receive intensive support from the clinical team.
18Dr. Sutton testified before the panel. He has been Mr. Gupta’s most responsible physician since 2019. According to Dr. Sutton, Mr. Gupta has had “a good year overall”. Dr. Sutton advised that Mr. Gupta is currently at the top of the wait list for TRHP1 housing, which is a residence that provides 24/7 support and supervision. Dr. Sutton expects that a bed will become available in the next month or two. In the interim, Mr. Gupta will start using the apartment within the hospital on a daily basis, starting with 4–5-hour periods. During that time, he will be encouraged to do his own cooking, housekeeping and other activities of daily living. An occupational therapist will work with him in areas that may require more skill development.
19Dr. Sutton testified that the treatment team wants to make sure that this transition to the community goes smoothly for Mr. Gupta. Dr. Sutton emphasized that the transition must be gradual. In Dr. Sutton’s view, the discharge in 2022 was too rapid and did not include the necessary amount of structure and support that Mr. Gupta required. That experience has informed the current plan of care. The team is expecting that Mr. Gupta’s transition to the residence in the community will be over a period up to 8 weeks.
20Dr. Sutton testified that Mr. Gupta continues to experience auditory hallucinations that “are in the back of his head”. When Mr. Gupta experiences stress, he feels that he is not in control. Dr. Sutton indicated that some aspects of Mr. Gupta’s diagnosis remain “a bit murky”. The OCD and Autism diagnoses are accurate. The lack of bodily control could be delusional or within the realm of OCD. Historically, antipsychotic medication has worsened Mr. Gupta’s symptoms.
21When asked about possible support from Developmental Services Ontario, Dr. Sutton indicated that the consensus among the team members is that Mr. Gupta would not qualify. He is too high functioning, particularly in his intellectual functioning as demonstrated by his year at McMaster University.
22In response to questions from the panel, Dr. Sutton indicated that Mr. Gupta has been working with Dr. Moulden, a psychologist at St. Joseph’s. Mr. Gupta has developed further insight and a better ability to manage his sense of control over his body. He sees it as problematic but has not presented as distressed by it. Dr. Moulden has tried to reinforce relations skills and an ability to absorb and work through stress.
23All parties maintained the joint submission.
Analysis and Conclusion
24Having considered the Hospital Report and the evidence from Dr. Sutton, the panel finds that Mr. Gupta remains a significant threat to the safety of the public. The actions of Mr. Gupta were serious in nature and no doubt caused serious psychological harm to the victims. But for the intervention of police, Mr. Gupta was at high risk to continue to perpetrate significant violence towards vulnerable members of the public, children in particular. It is quite clear that, without the structure and support currently provided, Mr. Gupta would experience stress and very quickly become overwhelmed. As occurred in 2022, his mental status would deteriorate and he would be at risk of acting out violently.
25Having found that Mr. Gupta represents a significant threat to the safety of the public, the Board must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
26The Board unanimously finds that the necessary and appropriate disposition is a continuation of the current detention order with the same terms and conditions. The team currently is working closely with Mr. Gupta to provide the necessary support for a smooth transition into the community. In order to manage his risk to the safety of the public, Mr. Gupta requires a slow transition that serves to minimize the stress that he will inevitably experience living in the community.
27For the hospital to be able to manage Mr. Gupta’s risk in the community, it is critical that the hospital have the ability to approve Mr. Gupta’s residence. Without the appropriate support and supervision, Mr. Gupta would be at high risk for experiencing a deterioration in his mental status such as occurred during the index offences and again in 2022.
28The plan going forward is for Mr. Gupta to begin to use the apartment located on the hospital grounds in order to develop and retain skills he will require for community living. Learning from the experience in 2022, the team is working to ensure that Mr. Gupta is more prepared before he is formally discharged. Thus, the team is taking the time to make the transition slow and smooth.
29The residence where Mr. Gupta is currently expected to transition to will provide more structure and supervision than was the case at Baldwin House. This enhanced support is necessary to manage Mr. Gupta’s risk to the public while residing in the community, especially given he has been residing in a forensic unit in the hospital for the last three years. He will face inevitable stressors. The support from the staff at the residence and the forensic outpatient team will be available to assist him in managing that stress and permit any appropriate and necessary response.
30Accordingly, the panel finds that necessary and appropriate disposition is a detention order with the same terms and conditions.
DATED this 3rd day of November 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Finley Alternate Chairperson
____________________________ Office of the Registrar Ontario Review Board