Re Thomas Harpula, 2025 CanLII 114798

Re: Thomas Harpula

ORB File No: 7531 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(2.1) of the Criminal Code

Before: Alternate Chairperson: Ms. C. Finley Members: Dr. R. Kunjukrishnan (via Zoom) Dr. G. Stones Ms. C. Murray Mr. J. Cyr

Parties Appearing: Accused: Thomas Harpula Counsel: Mr. Michael Schloss (via Zoom) The person in charge of hospital: Counsel: Mr. S. O’Brien Attorney General of Ontario: Counsel: Ms. A. Lepchuk

REASONS FOR DECISION

(Dated November 3, 2025)

Introduction

1On April 17, 2019, Thomas Harpula was found not criminally responsible on account of mental disorder (“NCR”) on a charge of second-degree murder, contrary to the Criminal Code of Canada (the “Criminal Code”).

2Mr. Harpula is currently subject to a Detention Disposition of the Ontario Review Board (“the Board”), dated July 30, 2025, detaining him at the Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton, West 5th Campus (“hospital” or “St. Joseph’s”) with privileges up to and including living in the community within the catchment area of St. Joseph’s in accommodation approved by the person in charge.

3Pursuant to s. 672.56(2) of the Criminal Code, St. Joseph’s notified the Board, by letter dated August 25, 2025, that “Mr. Harpula was discharged to reside in the community of Hamilton on July 7, 2025. He was readmitted to St. Joseph’s Healthcare Hamilton, West 5th Campus on August 12, 2025. The duration of the increased restriction on Mr. Harpula’s liberties has exceeded 7 days.”

4On September 23, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review the restriction of Mr. Harpula’s liberty for the period from August 12, 2025, to present, pursuant to s. 672.81(2.1) of the Criminal Code. The issue at the hearing was whether the hospital’s decision to increase the restrictions on Mr. Harpula’s liberty was the least restrictive and least onerous intervention available in the circumstances both at the time of its onset on August 12, 2025, and throughout its duration to the date of this hearing.

5Mr. Harpula was absent from the hearing as he finds it difficult to hear the evidence. There were no objections to his absence. His counsel, Mr. Michael Schloss, appearing via Zoom, advised that he had instructions from Mr. Harpula to proceed with the hearing in his absence. Based on the foregoing, the Board made an order pursuant to s. 672.5(10) permitting Mr. Harpula to be absent during the hearing.

6A Hospital Report dated July 7, 2025, was entered as Exhibit 1. A Restriction of Liberty (“ROL”) Report dated September 16, 2025, was entered as Exhibit 2.

7For the reasons set out below, the Board finds that the restriction of Mr. Harpula’s liberty from August 12, 2025, and ongoing was necessary and appropriate, and represented the least onerous and least restrictive measure at the time it was imposed and continues to be so.

Current Psychiatric Diagnoses

[8] Schizophrenia Cannabis Use Disorder (in sustained remission in a controlled environment) Gambling Disorder

Position of the Parties

9At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital took the position that the initial restriction of liberty commencing August 12, 2025, to present was necessary and appropriate, and the restriction represented the least onerous and least restrictive. Counsel for the Attorney General, Ms. Lepchuk, supported the hospital’s position.

10Counsel for Mr. Harpula supported the hospital’s position. In submissions, Mr. Schloss maintained this position, though expressed concerns that Dr. Cortwright, Mr. Harpula’s current psychiatrist and most responsible physician, did not provide evidence.

Index Offences

11The circumstances of the index offences are set out in the Hospital Report are described in the September 2, 2025, Reasons for Disposition as follows:

“On December 20, 2017, while living with his parents in Hamilton, Mr. Harpula phoned Hamilton Police and stated he thought he had killed his father. He told dispatch he had returned home and "snapped" and stabbed and choked his father. When police arrived at the residence they observed Mr. Harpula covered in blood. His father was found deceased, lying on the entrance floor, also covered in blood. He Mr. Janusz Harpula sustained multiple stab wounds all over his body and had a dog leash around his neck and body. No previous reports of any violence within the home had been made to police.”

Background and History

12The Hospital Report contains extensive information regarding Mr. Harpula’s background and history, which need not be repeated here since the Hospital Report has been entered as an Exhibit.

Reasons for Restriction of Liberty and Ongoing Restriction

13The ROL Report provides the rationale and Dr. Shariati’s opinion for the original restriction of liberty and ongoing restriction, excerpted as follows:

“The change from community placement to hospital readmission on August 12, 2025 is a significant increase of the restrictions on Mr. Harpula’s liberties. Given the sustained pattern of non-adherence to required supervision (missed clinic appointment and unreachable by phone), housing rule breaches, alcohol and cannabis use, boundary problems on admission, and several prior failed community trials despite high structure, community management is not a safe or viable option at this time. Continued inpatient detention with close supervision is, in my opinion, the least onerous and least restrictive measure consistent with public safety and clinical stability.”

14The ROL Report outlines the high-structure community plan at First Place that was in place following Mr. Harpula’s discharge from hospital on July 7, 2025. This plan was implemented in an attempt to monitor any negative peer influence and to reduce risk of relapse to substance use.

15Briefly, over four to five weeks in the community, the treatment team noted progressive erosion of adherence to the plan including his removal from his substance use programming after three no-shows, itineraries submitted late and omitting contacts, misreporting of volunteering, and housing rule non-compliance such as locking/blocking the unit doors, not signing in and out, not being present for medication administration, smoking indoors, and rent non-payment.

16On August 12, 2025, Mr. Harpula failed to attend his clinic review and was unreachable by phone. An escape-from-custody protocol was activated with details forwarded to the police. On that day, information was received that Mr. Harpula had used cannabis and alcohol. In fact, Mr. Harpula phoned his mother from a bar and asked her to pay his bar bill. He was returned to hospital that evening by his family.

17On admission to hospital, Mr. Harpula endorsed having used cannabis.

Evidence at the Hearing

18The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence of Dr. K. Shariati, who was Mr. Harpula’s psychiatrist from January of 2022 to August 21, 2025.

19Dr. Shariati testified that Mr. Harpula was readmitted to hospital due to concerns across several areas. Mr. Harpula experienced significant deterioration in the community including not following house rules that jeopardized his ability to remain in housing at First Place, substance use (which is a risk factor for him), and missing appointments.

20Mr. Harpula’s discharge to the community was very resource intensive, requiring daily urine drug screens, frequent visits with the psychiatrist and the clinical team, and access by email to Dr. Shariati and two community clinical team members. Mr. Harpula was discharged with a high level of supports with the hope that he would be able to settle into his environment and that the clinical team would be able to decrease their monitoring of him. However, it became necessary to increase their monitoring of Mr. Harpula due to his inability to follow house rules and abstain from substances.

21Mr. Harpula was readmitted to hospital to Waterfall 4 unit. Mr. Harpula preferred this unit, which is one on which Dr. Shariati does not work. Therefore, his care was transferred to Dr. Cortwright on August 21, 2025.

22Dr. Shariati testified that Mr. Harpula has had other failed discharges to the community. Dr. Shariati was involved in Mr. Harpula's discharge to Emmaus Place in 2023 and subsequent return to hospital by police when he eloped with another patient in his vehicle, attempted to avoid detection by changing his license plate and colour of car, and used substances. There were also two other prior discharges to the community to his mother’s home which failed because he became symptomatic.

23When Mr. Harpula was readmitted on August 12, 2025, he did not present with positive symptoms of psychosis. However, abnormalities of his mental state included elevated affect and mild grandiosity.

24Dr. Shariati testified that he spoke to Dr. Cortwright about Mr. Harpula’s course while on Waterfall 4 in Dr. Cortwright’s care. Mr. Harpula continues to ask Dr. Cortwright if he can use cannabis. Dr. Shariati believes that Mr. Harpula has been adherent to medications since his return to hospital.

25In response to questions of the Board, Dr. Shariati confirmed that Mr. Harpula was at a bar with an unidentified woman on the day he was picked up by police after he eloped. He was ingesting substances that could destabilize his mental state, which would clearly materially increase his risk of harm to the public.

26Dr. Shariati testified that, if he were the most responsible physician, he would not feel comfortable discharging Mr. Harpula at this time due to the increased risk of harm to the public. On the last discharge, he had wanted to give Mr. Harpula every chance to be in the community as it looked like Mr. Harpula would do well, which is why the resource intensive discharge was arranged. If he were currently Mr. Harpula’s most responsible physician, he would not try discharging him again in the foreseeable future.

27Mr. Harpula minimized the seriousness of the elopement and the risk he poses to the public.

28Mr. Harpula has a history of exhibiting antisocial personality traits and behaviours.

Submissions

29At the conclusion of the hearing, the parties confirmed that there was a joint submission that the restriction of liberty was necessary and appropriate and represented the least onerous and least restrictive measure at the time the restriction was imposed and continued to be so.

30In submissions, Mr. O’Brien pointed out paragraph 43 of the Reasons for Disposition of September 2, 2025, which state:

“Mr. Harpula has only just last month been discharged to the community. He has had several failed discharges in recent years, with a relapse into substance abuse being a contributing factor. Time will tell if he is able to maintain his current stability and demonstrate an ability to remain abstinent from substances, and more importantly, fully engage in substance abuse and other rehabilitative programming as directed by the treatment team.”

Mr. O’Brien submitted that there is now an answer to this question raised by the panel in their Reasons.

Analysis and Conclusions

31The Board finds that a significant increase in the restriction on Mr. Harpula’s liberty has taken place, pursuant to the factors set out in the decision of the Ontario Court of Appeal in R v MLC (2010 ONCA 843), as well as Regina v Campbell (2018 ONCA 141). From July 7, 2025, to August 12, 2025, Mr. Harpula was living in the community. He was readmitted to hospital on August 12, 2025, where he has since remained. The hospital admission and detention are a significant departure from his liberty norm to which he had become accustomed.

32The restriction of liberty arose as a result of Mr. Harpula’s ongoing breaches of the community plan. In the short time that Mr. Harpula was living in the community, he was removed from substance use programming after three failures to attend, he submitted itineraries late and omitted contacts, he misreported volunteering, he was not compliant with housing rules, he failed to attend a clinic review on August 12, 2025, and he used substances. He also presented with boundary problems on admission along with an elevated affect and mild grandiosity.

33The hospital has been clear in its evidence that, at this time, Mr. Harpula requires ongoing detention in hospital to manage his risk of harm to others.

34Given his history of several failed community living plans including the most current highly structured plan, and his relapse to substance use, Mr. Harpula’s management in hospital is necessary until such time as he can demonstrate that his risk to the safety of the public can be adequately managed in the community.

35The Board accepts the joint submission of the parties. Specifically, the Board unanimously finds that the initial restriction of liberty was warranted, necessary and appropriate for the safety of the public and it represented the least onerous and least restrictive measure at the time it was imposed, and it continues to be so.