Re Can Su, 2025 CanLII 114809

Ontario Review Board

Re: Can Su

ORB File No: 8326

Hearing held on: Thursday, October 9, 2025

Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. L. Banks

Members: Dr. L.E. Cappe Dr. C. Rose Hon. C. Nelson Mr. J. Cyr

Parties Appearing:

Accused: Can Su Counsel: Ms. M. Addie

The Person in Charge of Hospital: Counsel: Mr. D. Blumenkrans

Attorney General of Ontario: Counsel: Mr. M. Yousuf

REASONS FOR DISPOSITION

(Dated November 6, 2025)

Introduction

1. On June 22, 2023, Can Su was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault, assault peace officer, mischief under $5000, and arson, all contrary to the Criminal Code of Canada (the “Criminal Code”).

2. On October 9, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Su’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Su was ordered detained at the Forensic Service of the Centre for Addiction and Mental Health (the “hospital” or “CAMH”), with privileges up to and including entering the community of the Greater Toronto Area, indirectly supervised.

3. Mr. Su was present for his hearing and was represented by counsel, Ms. Maureen Addie, throughout the proceedings. A Cantonese interpreter was present and interpreted the proceedings contemporaneously.

4. The issues to be determined are whether Mr. Su continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

5. For the reasons set out below and based on the evidence before us, the Board found that Mr. Su continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition in the same terms as last year’s Disposition, is the necessary and appropriate Order on the terms set out in our formal disposition having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Su’s mental health, reintegration into society, and his other needs.

Current Psychiatric Diagnoses

6. Schizophrenia

Possible Cannabis and Alcohol Use Disorders

Position of the Parties

7. At the commencement of the hearing, the parties were canvassed for their positions. The hospital and counsel for the Attorney General took the position that the necessary and appropriate Disposition is a Detention Order within the Forensic Service with a provision for community living in the Greater Toronto Area, and a reporting period of not less than once per week. On behalf of her client, counsel for Mr. Su conceded that he remained a significant threat to the safety of the public and agreed with the hospital and the Crown. The matter, therefore, proceeded as a joint submission.

Index Offences

8. On December 17, 2022, Mr. Su was residing in a basement apartment of the victim’s residence. On that date, the victim could smell smoke and could hear a carbon monoxide detector beeping in Mr. Su’s apartment. She found Mr. Su standing over a bucket with an active fire, fully engulfed with smoke. The victim tried to put out the fire. This angered Mr. Su who demanded the victim stop and ordered her to get on her knees. When she obeyed, Mr. Su punched her, strangled her and then threw her phone into the fire, thereby preventing her from calling for help. The victim was able to escape to her neighbour’s house. Officers arrived and ultimately arrested Mr. Su. During the course of the arrest, he spat on one of the arresting officers. The victim sustained bruises to her neck and was taken to hospital for examination.

Background and History

9. Mr. Su is a 55-year-old divorced father of one adult daughter. He was born in China. He came to Canada in 2004 and is now a permanent resident.

10. Mr. Su’s primary languages are Cantonese and Mandarin.

11. Mr. Su was living in a rented basement apartment prior to his arrest for these index offences.

12. According to the Hospital Report (Exhibit 1), Mr. Su was under the care of a family physician, Dr. Wan, for over fifteen years for schizophrenia. He had been on risperidone 2mg daily, and he was compliant. Dr. Wan had no knowledge of any psychiatric hospitalizations in Canada. Dr. Wan reported that Mr. Su was largely stable and without symptoms of psychosis. However, he last prescribed antipsychotic medication in May 2021 for a duration of three months. Mr. Su did not return to see Dr. Wan until August 2022 and he had not refilled his medication during that time. Dr. Wan identified that Mr. Su’s mental status had drastically changed and he was so concerned about Mr. Su that he issued a Form under the Mental Health Act (MHA) to apprehend him for a psychiatric assessment. Unfortunately, the police were unable to locate Mr. Su, but he returned several days later to Dr. Wan’s clinic. Mr. Su advised he had been taking the antipsychotic medication infrequently and declined a further prescription or referral to a psychiatrist. At that visit, Dr. Wan did not feel Mr. Su was a risk of imminent harm to himself or others and did not pursue further MHA options.

13. The Hospital Report notes that Mr. Su confirmed he experienced auditory hallucinations in the past. He recalled hearing voices prior to the index offence but did not provide a timeline for his experience. He complained about joint pain that, in his view, tends to worsen around the time of his injection of Paliperidone Sustenna. Ultimately, his dosage was reduced from 100mg to 75mg monthly. As of August 2024, Mr. Su’s medication was increased back up to 100 mg when he reported feeling more irritable in the days leading up to his injection.

14. Mr. Su is treatment capable and presumed capable to manage property.

15. Mr. Su is currently residing in a General Forensic Unit.

16. Mr. Su continues to believe that, in the community, the Chinese Communist Party (CCP) had been targeting and persecuting him, despite psychoeducation. However, he did not feel he was being monitored by the CCP during his inpatient stay.

17. Mr. Su reported near-daily use of cannabis and alcohol prior to his arrest. A formal diagnosis of substance use disorder could not be made as he was unable to quantify his use or provide details regarding the impact of substance use on his mental state and functioning.

18. There were some notable incidents in this reporting year. On July 3, 2024, he inappropriately touched the tattoo on a female nurse’s elbow. On August 7, 2024, he lightly pushed a female nurse on the shoulder. He stated that this was a joke and he did not mean harm. The nurse was comfortable with continuing to work with Mr. Su.

19. Mr. Su has tested negative for all prohibited substances this reporting year.

20. Mr. Su began the review period with Level 1 passes (escorted passes on hospital grounds only). As of June 2024, he has achieved Level 8 passes (indirectly supervised privileges to the community for recreation and socialization purposes). He has not breached hospital pass privileges this year.

21. With respect to programming, Mr. Su has been limited in terms of the groups he was able to attend due to language barriers. Despite this, he has engaged in weekly individual sessions of Illness Management and Recovery from November 2023 to present, with a social worker and Cantonese interpreter. He also completed the Forensic Systems programming. He has attended Mindfulness group from November 2023 to present and Drumming from November 2023 to March 2024.

22. Mr. Su has had no contact with his family members.

Evidence at the Hearing

23. The Board had available to it the evidence and documents forming the Record, the Hospital Report dated September 24, 2025 (authored by Dr. Lily Van), the Exhibits, and oral evidence of Dr. Lily Van who is Mr. Su’s attending psychiatrist.

24. Overall, Mr. Su had a stable year. He has remained on a General Forensic Unit. There were no critical incidents, including absconding events, self-harm or violence. He tested negative for prohibited substances.

25. Dr. Van testified that there was a meeting today with a housing provider that was positive. There is cautious optimism for a discharge to the community in the upcoming year.

26. Dr. Van said that the pre-conditions for discharge would be as follows:

i) that Mr. Su’s mental health continues to be stable;

ii) that Mr. Su continues to do well on his medications;

iii) that Mr. Su remains adherent to treatment;

iv) that Mr. Su continues to exercise his pass privileges appropriately; and

v) that once accepted for community housing, he would be expected to follow-up with his Forensic Outpatient Team.

27. The Hospital Report indicates that Mr. Su has not experienced any auditory or visual hallucinations. While he continues to believe that he has been targeted and monitored by the Chinese Communist Party, he did not feel that way while in inpatient care.

28. Mr. Su has demonstrated good insight about his diagnosis, symptoms and treatment. There was only one incident with a patient this year (touching) but it was resolved by explaining to Mr. Su its inappropriateness.

29. As a result of language issues, Mr. Su was limited in the groups he was able to attend but he continues to take English as a second language. He gets along well with staff and other patients. He still has no contact with his family members.

30. As far as housing is concerned, Mr. Su has an application with Access Point and his team is working with him to effect a housing placement. His recent interview was for a vacancy with Communiticare Step-Up Housing which, as previously stated, was positive. At the time of the hearing, housing had not yet been established.

31. Mr. Su suffers from schizophrenia. On admission, he presented with persecutory delusions and disorganized speech. As of June 2024, he had achieved Level 8 passes (indirectly supervised privileges to the community for recreation and socialization purposes). He has not breached hospital pass privileges this year.

32. The recommendation of the hospital for a Detention Order with community privileges is still necessary and appropriate given the fact that Mr. Su has not yet been living in the community. The Hospital Report indicates that the goal is to find community housing for him. The team does not believe that a Conditional Discharge is appropriate as the hospital will require the ability to approve Mr. Su’s housing that meets his needs while ensuring risk to the public is mitigated.

33. In answer to questions from Mr. Yousuf, Dr. Van reiterated that while Mr. Su has done very well this year, there is still a question about whether his mental state will remain stable when he experiences liberties and a lower supportive environment which is likely to increase stress on him.

34. In answer to a question from Ms. Addie about his English proficiency, Dr. Van stated that there has been an overall improvement, but that Mr. Su lacks confidence. He, however, remains motivated. Also, Mr. Su has achieved Level 8 passes which is the highest level obtainable before housing is approved. Once that happens, he will be afforded Level 9 passes so that he can visit his potential accommodation on an overnight basis. He is ready for community living. Dr. Van also pointed out that Mr. Su has some particular views about the housing he wants, that is, a unit with his own kitchen and bathroom. He is content to remain in the hospital until suitable housing is found for him.

35. In answer to a question from a Board member, Dr. Van stated that an alcohol prohibition is still required, as Mr. Su has been in the hospital without exposure to stressors that may increase his risk. Also, housing is limited because of the fact that Mr. Su committed arson.

36. There was no further evidence presented.

Submissions

37. The parties maintained their initial positions.

Findings of the Board

38. Having heard and considered the entirety of the evidence, as well as the submissions from the parties, the Board finds that Mr. Su remains a significant threat to the safety of the public.

39. The parties did not contest a finding of significant threat to the safety of the public. Despite this, the Board makes its own finding of significant threat based on the oral evidence, the Hospital Report, Winko and its related authorities.

40. Although Mr. Su has again done well this reporting year, in a controlled environment in the hospital, he still continues to experience residual psychotic symptoms and believes he has been persecuted by the CCP. Mr. Su’s index offences consisted of violence in the context of psychotic symptoms; his current stability could change rapidly in the context of increased stress, substance use, or medication non-compliance.

41. Therefore, the Board accepts the joint submission on significant threat.

42. In light of the Board’s finding of significant risk, it is charged with shaping a Disposition for the coming year.

43. The Board agrees that it is imperative for the hospital to be able to approve Mr. Su’s housing to ensure that it suits his needs, thereby ensuring risk to the public is mitigated. This is especially so as the hospital is actively planning to discharge Mr. Su. Mr. Su continues to have ongoing residual symptoms, being the belief that he is being persecuted by the CCP. It will be essential for the treatment team to try to minimize stress and ensure that Mr. Su feels safe and remains stable in the community once he has appropriate housing. He likely requires ongoing psychoeducation and psychotherapeutic programming in order to improve his understanding of the impact of substance use on his mental state. Regular urine drug screens are also necessary. A Detention Disposition within the Forensic Service is necessary to manage these factors.

44. The Board finds that the necessary and appropriate Disposition is continuation of the Detention Order within the Forensic Service with a community living clause, and with terms as set out in our formal Disposition.

45. The Board wishes Mr. Su well in the upcoming year.

46. In arriving at our conclusion for the appropriate Disposition, the Board has considered the paramount factor of the safety of the public, Mr. Su’s community reintegration, his mental condition and his other needs, all as required by s. 672.54 of the Criminal Code.

DATED this 6th day of November, 2025, at the City of Toronto, in the Toronto Region.

Hon. C. Nelson Legal Member

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Office of the Registrar Ontario Review Board