Ontario Review Board
Re: Mylvaganam Vaasuhan
ORB File No: 3504
Hearing held on: Wednesday, September 17, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal Members: Dr. S. Nagari by Zoom Dr. M. Choptiany Ms. J. Greenwood Ms. C. Plyley
Parties Appearing:
Accused: Mylvaganam Vaasuhan Counsel: Ms. J. Boissonneault
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated November 13, 2025)
Introduction
On January 2, 2002, Mylvaganam Vaasuhan, age 48, was found not criminally responsible on account of mental disorder on a charge of sexual assault, contrary to the Criminal Code.
Mr. Vaasuhan is subject to a conditional discharge. On September 17, 2025, Mr. Vaasuhan appeared before the Ontario Review Board (the “Board”) at the Ontario Shores Centre for Mental Health Sciences (the “hospital”) for his annual hearing. A Tamil interpreter was present, but the patient did not have to rely on her services, given his understanding of English. The Board had before it as Exhibit 1, the Hospital Report dated August 21, 2025.
In preliminary positions the hospital indicated that there should be no change to the Disposition. Crown counsel agreed. The patient's counsel conceded significant threat and indicated support for the hospital’s submission. By the conclusion of the hearing, the Board agreed that significant threat to the safety of the public had been made out and that the continued Disposition was appropriate in the circumstances.
Index Offence
- The circumstances of the index offence are taken from last year’s Reasons for Disposition, as follows:
“In May 2002, Mr. Vaasuhan attended a small community playground. He took the hands of two girls (five and eight years old) and walked them to a park bench and had them sit on either side of him. He put his arms around them and told them he wanted to play with them at his house and wanted them to come to his dungeon. He tried to kiss the older girl and when she pulled away, he kissed the younger girl. The girls then ran away.”
Diagnoses
- Schizophrenia Pedophilic Disorder
Background
- This is well summarized in last year's Reasons, which read:
“Mr. Vaasuhan is 47 (now 48) years old and was born and raised in Sri Lanka. He grew up in a home with six siblings. His father was violent and an alcoholic. He may have been abused sexually by adults when he was a child. Most of his family still reside in Sri Lanka, but he does have some relatives in Ontario as well as in the United States. He completed a grade 12 education in Sri Lanka.
Mr. Vaasuhan immigrated to Canada in 2000, shortly before the index offence. He has no status in Canada and is subject to a deportation order. He is seeking refugee status. Initially, due to his status, he was ineligible for government assistance, such as the Ontario Disability Support Program (ODSP) – funding typically essential for forensic patients living in the community. With considerable effort by the treatment team, ODSP funding was secured for Mr. Vaasuhan, and he has been in receipt of it for several years.
Mr. Vaasuhan denied having ever being treated for or hospitalized due to mental illness in Sri Lanka. He has no history of psychiatric admissions prior to his involvement with the Board in Canada. Mr. Vaasuhan also has no known criminal record.
Under the jurisdiction of the Board, Mr. Vaasuhan remained in hospital until 2014 and then was discharged to live in a 24-hour supervised group home. After a year, he transitioned to a semi-independent group home with minimal support and supervision, but he struggled there. The team found an appropriate middle ground: a home with medication supervision and meals provided. Mr. Vaasuhan did well there for some time but after 23 months he was evicted for being intrusive with co-residents and allegations of theft. Mr. Vaasuhan returned to the hospital voluntarily.
Mr. Vaasuhan is treated with an oral antipsychotic medication on the consent of his sister, his substitute decision maker. He experiences residual symptoms, but they are manageable. His insight into his illness and need for medications is limited – he denies he has a mental illness, denies that he experiences symptoms, and denies he benefits from medications.
Mr. Vaasuhan had not engaged in any aggression or sexually inappropriate behaviour. There have been no known or suspected instances of substance use.
From February 2018 until this year, Mr. Vaasuhan stayed in hospital as a voluntary patient. A few months after he returned to hospital in 2018, Mr. Vaasuhan was ready to be discharged to appropriate housing, but no bed could be found. Although finding community housing for the Board’s clientele is often difficult, several factors compounded the problem in Mr. Vaasuhan’s case. He required meal preparation from his housing provider. This limited the options, but also increased the cost, often beyond what he can afford. Additional funding could be found due to his status in Canada. His diagnosis of pedophilia and the condition in his disposition that requires he not be in the company of anyone under 16 without an adult present was a barrier for many housing providers. His challenging behaviours (as manifested in his last placement) were also a barrier.”
Evidence at Hearing
Dr. D. Pallandi, Mr. Vaasuhan’s outpatient psychiatrist, testified. Dr. Pallandi noted that overall, Mr. Vaasuhan did quite well this past year. On May 28, 2025, Mr. Vaasuhan was moved to Halsey Lodge, a private highly supportive home in Jackson's Point, Ontario, operated by the Community and Health Services of York Region. This home is considered to be permanent housing The move has gone quite well. Mr. Vaasuhan gets along well with staff and peers. The residence is co-educational. Mr. Vaasuhan acknowledges he likes his new home very much. He would like to stay there.
The significant threat threshold arises out of his mental disorder, diagnoses and his limited insight into his mental disorder and diagnoses, and the risk he poses. If Mr. Vaasuhan fell away from treatment, the public would be at great risk of violence or severe psychological harm. Mr. Vaasuhan does not understand his illness nor the risk.
No changes are contemplated to medications or treatment. Mr. Vaasuhan is doing well. if Mr. Vaasuhan expresses an interest in a particular outing, the residence will accommodate him. Mr. Vaasuhan is very compliant with taking medications as required. He says it is helpful but cannot describe how.
Mr. Vaasuhan understands that he is not to associate with children. The new residence, in a more rural setting, is better suited to the safety of children than his previous inner-city residence.
The risk assessment summarized in the Hospital Report continues to be valid. In essence, the significant risk is well managed in the current residence under a conditional discharge.
Mr. Vaasuhan’s sexual deviancy was assessed, however, treatment of it is not a current imperative. The administration of an anti-androgen would not be recommended in view of the possible side effects in this patient's case.
Analysis
- The Board finds that significant threat is well made out, relying on the Hospital Report and the evidence heard. Mr. Vaasuhan likes his new residence much better than his prior residence. The public is better protected at the new residence. In all the circumstances, the risk is best managed under the current Disposition. We wish Mr. Vaasuhan well in the upcoming year.
DATED this 13th day of November 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board