Ontario Review Board
Re: Juan F. Sanchez
ORB File No: 8121
Hearing held on: Tuesday, September 9, 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: Mr. C. MacIntyre, KC Members: Dr. P. Prendergast Dr. G. Nexhipi Ms. L. Maunder Mr. A. Mete
Parties Appearing:
Accused: Juan F. Sanchez Counsel: Mr. M. Schloss
The person in charge of hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated November 3, 2025)
Introduction
[1]. On July 8, 2022, Juan F. Sanchez was found not criminally responsible on account of mental disorder on a charge of robbery, contrary to the Criminal Code. Mr. Sanchez is currently subject to an Ontario Review Board Disposition of September 16, 2024, which orders him detained at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton (“St. Joseph's”) with privileges up to and including to live in the community within the catchment area of St. Joseph's Healthcare Hamilton, in accommodation approved by the person in charge.
[2]. On September 9, 2025, the Ontario Review Board convened at St. Joseph's to conduct Mr. Sanchez’s annual review and to make a Disposition further to s. 672.81(1) of the Criminal Code.
[3]. At the outset of the hearing the parties were asked to present their preliminary positions. The hospital submitted that Mr. Sanchez’s Disposition continue without change. This was supported by the Attorney General. On behalf of his client, Mr. Schloss agreed to the hospital’s proposal except for a request to modify the travel pass outlined in the Disposition.
[4]. Clause 2(g) of the Disposition provides for “passes for up to seven days to travel to Nova Scotia, accompanied by a person approved by the person in charge of St. Joseph’s Healthcare Hamilton, West 5th Campus, upon first obtaining approval of his itinerary by the person in charge of St. Joseph’s Healthcare Hamilton, West 5th Campus, or his or her designate”.
[5]. Mr. Schloss proposes rather that his client be permitted passes to and from Nova Scotia indirectly supervised, i.e., that he be permitted to make the travel back and forth alone.
[6]. At the conclusion of the evidence, the Review Board found that Mr. Sanchez continued to be a significant threat to the safety of the public (as conceded by the parties) and ordered a continuation of Mr. Sanchez’s Disposition with the same terms and conditions as his 2024 Disposition, including that he be accompanied by an approved person on his travels to and from Nova Scotia, should he exercise this pass.
Index Offences
[7]. Last year’s Disposition accurately outlined the circumstances of the index offence as follows:
“On February 23, 2022, Mr. Sanchez attended a car dealership in Fort Erie. While test driving a new vehicle, with the salesperson as his passenger, he exited the dealership driving in an aggressive manner. Several minutes later he stopped in front of the dealership and instructed the salesperson to exit the vehicle. He had his left hand positioned in his left side jacket pocket and the victim became concerned he may have been in possession of a weapon. The salesperson refused to exit the vehicle, and the accused aggressively responded, “get the fuck out”, and then pushed the victim in the chest. Fearing for his safety, the salesperson decided to exit the vehicle. He returned to the dealership and notified police.”
Background
[8]. A Hospital Report of August 14, 2025, authored by Mr. Sanchez’s attending psychiatrist of four years, Dr. Naidoo, was filed as an exhibit at today’s hearing. It should be referred to for detail regarding Mr. Sanchez’s personal, psychiatric and criminal offence background. Mr. Sanchez is now 45 years of age. He was raised primarily in Dartmouth, Nova Scotia by his mother who was divorced from his father when Mr. Sanchez was about seven years of age. Mr. Sanchez’s mother reports that he met his developmental milestones on time, and although he and his sister had to change schools a number of times, he was proficient in his studies. He began hanging out with the wrong crowd when he was in his teenage years at which point his academics declined and he became involved with the youth justice system.
[9]. When Mr. Sanchez was about 23 years old, he was incarcerated for involuntary manslaughter. His sister, reports that her brother was significantly impacted by the manslaughter incident. She advises that he was assaulted and was defending himself. She advises that her brother has never been able to forgive himself for this nor has he ever engaged in trauma counselling to address that traumatic experience or that of being bullied as a person of colour in a small community and being subject to threats and negative comments by members of his community.
[10]. Mr. Sanchez reports that his truancy and involvement in the youth justice system interrupted his education. He had been suspended on several occasions from school and once expelled for fighting. During his incarceration on the manslaughter conviction, he apparently obtained his general education diploma (GED). Mr. Sanchez has two daughters and two sons flowing from three different relationships, all of which over the years have failed for one reason or another.
[11]. Mr. Sanchez’s connection with alcohol began when he was about 10 years old, and he has intermittently used this in recent years. He also experimented with cannabis when 12 years of age and used it daily until his early 20s and again with some frequency in his later 20s.
[12]. Mr. Sanchez has reported experimenting with MDMA on several occasions prior to his index offences. He has never engaged with addictions counselling or other substance use treatment. Apart from a number of youth court offences, some involving custody, (and the manslaughter conviction as an adult) he has convictions for assault causing bodily harm, assault, uttering threats and failure to comply with recognizance, all between 1996 and 2008.
[13]. The Hospital Report records his psychiatric history beginning in 2010 through to 2022. Most of this involved bizarre behaviour, paranoid thoughts, auditory hallucinations and disorganization. Throughout, there is a history of non-adherence to prescribed medication for schizophrenia.
[14]. At last year’s Review Board hearing, the Board panel heard evidence from Dr. Naidoo that Mr. Sanchez had been discharged to the community in June of 2024 but was readmitted two or three months later due to his use of cannabis. The plan was to then discharge him to live in his apartment with his mother and to gradually increase his passes into the community. The Board heard that while living with his mother, both Mr. Sanchez and his mother experienced stress from this.
[15]. The hospital recognized the importance of Mr. Sanchez’s relationship with his mother and sister and his pass privileges were expanded to broaden his ability to travel for leisure purposes and stay over when visiting.
[16]. Although Mr. Sanchez had not demonstrated any verbal or physical aggression or threatening behaviour, the hospital still considered that it needed to approve his housing and have the ability to readmit him quickly to hospital under a Detention Order. Greater monitoring was planned for the possibility of illicit drug use when he returned to the community.
Evidence at Hearing
[17]. Dr. Naidoo testified on behalf of the hospital and adopted the contents of the August 14, 2025 Hospital Report. Mr. Sanchez was discharged to Mainstreet East Home in the community on May 12, 2025, where he shares a room with another tenant. This is a 24-hour supervised Residential Care Facility and staff provide all his meals and administer his medication.
[18]. Dr. Naidoo describes Mr. Sanchez’s past year as “eventful”. For the most part he is a generally cooperative, pleasant and well-liked individual with a strong work ethic (he works at Colours Café in the hospital) and he is motivated to apply for jobs in the community.
[19]. Mr. Sanchez wishes to re-establish the relationship with his four children. He has kept a relationship with some of his family, particularly his sister and for the most part his mother too.
[20]. Mr. Sanchez has had a good response to his medications. The oral medications have all but extinguished his obsessive compulsive disorder symptoms. He is aware that the medications help him deal with his auditory hallucinations, some of which are command in nature, and he has developed coping strategies to address them.
[21]. The Hospital Report outlines some notable incidents in the past year. Of significance, he failed to return to his home on June 16, 2025. It was learned the following day that he had travelled to Quebec with an intention to see his sons who live in Nova Scotia. Mr. Sanchez had contacted his sister, and she provided sufficient information to the outpatient team who spoke to Mr. Sanchez. Eventually the Montreal police were asked to pick him up and Mr. Sanchez followed instructions and waited for them. He was confused about his whereabouts. He was readmitted to the hospital on June 18.
[22]. Upon Mr. Sanchez’s return, Dr. Naidoo testified that his mental state was more unstable. The team noticed some paranoia, caused perhaps by the use of cannabis and the stress of his situation during this period.
[23]. This elopement demonstrated some poor impulse control and problem solving and poor insight. Dr. Naidoo testified that if his state of mind worsened with time, Mr. Sanchez would likely engage in aggressive acts. He continues to need structure and support to deal with his diagnosis.
[24]. With respect to Mr. Schloss’s request to modify the Nova Scotia travel pass to allow for indirect travel there and back, the hospital is firmly against this at this time. Dr. Naidoo testified that Mr. Sanchez lacks organization and planning to travel alone as was demonstrated by his losing his way in Montreal, Quebec. At this point Mr. Sanchez does not even have a level 4 pass and has not achieved the goal of managing himself in the community.
[25]. In the context of Mr. Sanchez’s wish to contact his sons, Dr. Naidoo testified that the hospital has not contacted the mother of his two sons. Mr. Sanchez’s contact with her has been inconsistent and that is a source of some stress to him. There has been no clear consistent line of communication between the two of them and therefore it is unclear what his relationship with his sons would be should he visit them. The hospital would first like to explore his relationship with his ex-partner and her feelings about any visit to their sons.
[26]. Mr. Sanchez has had extensive education about his cannabis use. He understands the issues, but at a time of emotional distress and disinhibition, he turns to his old coping mechanism and resorts to cannabis. Continuing education in this area is necessary.
[27]. Mr. Sanchez regrets going AWOL. It is noted that he waited for police in Montreal to fetch him. Mr. Sanchez acknowledges he did not fully consider the ramifications of this elopement. He somehow believed that he needed to take his sons to movies.
[28]. Dr. Naidoo testified that Mr. Sanchez’s OCD symptoms are currently absent, and his schizophrenia is under control. A goal is to help him navigate his wish to communicate with his children, which would necessarily require the hospital to communicate with his ex-partner.
Submissions
[29]. Mr. O’Brien acknowledges that Mr. Sanchez has had an up-and-down year but there seems to be optimism for improvement in his return to the community. He asserts that the treatment team really has no option on the evidence but to support Mr. Sanchez’s current Disposition. Mr. Sanchez is not yet at the ceiling of his privileges and the evidence supports that he cannot manage indirectly supervised travel as demonstrated by his difficulties in Montreal.
[30]. The Crown supports the hospital’s position and refers to the Hospital Report where Mr. Sanchez has had a history of difficulty with travel. Ms. Gzik also points out that he continues to have some impairment in judgment and chooses to continue to use cannabis.
[31]. Mr. Schloss stresses that it is especially important for his family that Mr. Sanchez can travel without a family member accompanying him. It is financially and practically difficult for them to accompany him as they must make a trip from Nova Scotia to the hospital and back again twice, to accomplish that pass. If the Board does not agree with this, he suggests that that clause be added as an option to 2(g).
Decision
[32]. Apart from Mr. Schloss’ suggestion to amend the travel pass to Nova Scotia, all parties agree that there should be a repeat of last year’s Disposition. Significant threat is also conceded by the parties. The Board independently finds that Mr. Sanchez remains a significant threat to the safety of the public and accepts the evidence provided by Dr. Naidoo and as contained in the Hospital Report, particularly, the clinical risk summary.
[33]. The clinical summary notes that Mr. Sanchez’s response to supervision has been poor while in the community. In August of 2024, he had to be readmitted due to cannabis use and interpersonal conflict with his mother. After his discharge back to the community in May, he breached his Disposition on June 18, 2025, by eloping and using cannabis.
[34]. The hospital has also noted that when he returned to hospital after his elopement, there were signs of paranoia. Dr. Naidoo has testified that even with an accompanied person, Mr. Sanchez is not ready for travel to Nova Scotia, let alone indirectly supervised. An amendment to the pass privileges might be an appropriate term for his next reporting year, but not now.
[35]. In all the circumstances, the Board finds that the necessary and appropriate Disposition is a continuation of Mr. Sanchez’s Disposition with no change in the terms and conditions.
DATED this 3rd day of November 2025, at the City of Toronto, in the Region of Toronto.
Mr. C. MacIntyre, KC Alternate Chairperson
Office of the Registrar Ontario Review Board