Ontario Review Board
Re: Raan Wicheng
ORB File No: 6895
Hearing held on: Tuesday, September 23, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. G. Beasley
Members: Dr. T. Verny Dr. R. D. Chandrasena Ms. K. Tomaszewski Mr. A. Mete
Parties Appearing:
Accused: Mr. Raan Wicheng Counsel: Mr. C. Carter
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated November 14, 2025)
Introduction
On January 26, 2016, Mr. Raan Wicheng was found unfit to stand trial on Criminal Code charges of assault (x3) and uttering a threat (of death or bodily harm). At present, Mr. Wicheng is detained at the Southwest Centre for Forensic Mental Health Care (the “hospital”) under a Disposition dated October 7, 2024, with privileges up to living in the community in supervised accommodation approved by the person in charge.
On September 23, 2025, a panel of the Ontario Review Board met for Mr. Wicheng’s annual hearing under s. 672.48(1) and 672.81(1) of the Code. The issues before the Board are whether Mr. Wicheng remains unfit, and if so, what disposition is necessary and appropriate keeping in mind the provisions of ss. 672.54 of the Code.
Mr. Wicheng attended the hearing with his counsel, Mr. Carter. Ms. Zamprogna represented the hospital and Mr. Rows appeared for the Attorney-General.
Ms. Zamprogna submitted that Mr. Wicheng was permanently unfit; continued to be a significant threat to the safety of the public; and ought to be detained in a hospital setting with no changes to the current disposition. Both Mr. Carter and Mr. Rows joined the hospital, making this a joint submission.
For the reasons discussed below we concur with counsel’s joint submission that he continues to be a significant threat to the safety of the public; and that the necessary and appropriate disposition is a continuation of the current detention disposition.
At the outset of the hearing, Dr. Mokhber suggested that the next annual hearing be held in 24 months rather than 12 months, due to the stress experienced by Mr. Wicheng in connection with the Board hearing. Mr. Carter advised the Board that Mr. Wicheng consented to this extension of time. Mr. Rows consented on behalf of the Attorney General.
The Board extended the time for the holding of the next hearing to review the disposition to 24 months, pursuant to s. 672.81(1.1) of the Code.
Index Offences
- Mr. Wicheng was admitted to Providence Care Hospital on July 8, 2014, and was an inpatient at the time of the index offences, which are described in the Hospital Report at pages 2-3 as follows:
“The victim, Tamara Jones, is a Developmental Service Worker at Primary, Community and Continuing Care (PCCC) located at 752 King St. West. The accused is an involuntary patient at PCCC, under Form 4 of the Mental Health Act.
The accused was admitted to PCCC approximately 1 year and a half ago, to the same unit/floor that the victim works on. In July of 2015, the accused became violent towards a PCCC staff member and had to be restrained physically, which the victim assisted with. The victim then assisted with transporting the accused to the seclusion room. Along the way the accused stated “I’m going to kick you Tammy” and proceeded to kick his leg behind him and struck the victim’s right thigh, causing eventual bruising. The accused was later placed in seclusion.
Approximately the first week of September, 2015 the victim was monitoring the accused, one-on-one, as per hospital order due to the accused’s previous behaviour. She had a clip board in her hand. The victim became curious as to why she had the clipboard, approached her and asked her what she was doing. She stood-up, told the accused to return to his chair and told him she was not doing anything that pertained to him. He then lunged at her and grabbed her by the neck. She was able to defect him, then called for help. Once staff members were present, they were able to verbally direct him to the seclusion room without further incident.
A few days after, the victim and accused were situated in the dining room of PCCC. The victim was sitting at a table, along with witness, Donna HEWITT. The accused said “Tammy, I like your pony tail”. The victim thanked him for the compliment, which the accused replied “You know what I’m going to do to you when no one is looking? I’m going to pull your pony tail out by your scalp so you bleed and I can watch you cry”. Security was called and removed the accused.
On September 24, 2015 the victim was monitoring another patient, nearby where the accused was situated; in a room with a psychiatrist, Dr. MILLSON. The victim heard some yells, and then saw the accused being transported to the seclusion room. She along with witness, Connie PATTIMORE, went ahead and opened the doors to the room. When the accused was approaching the victim, he lunged at her and said “I’m going to choke you Tammy: staff was able to restrain him and place him into seclusion.
On September 30, 2015 the victim and accused were situated at PCCC. The accused began singing her name and talking about her pony tail again. The victim felt his behaviour was a precursor to becoming violent, so asked security to attend and escort him to seclusion. While he was being escorted he attempted to break free and said “I’m going to kick your stomach” towards the victim. Shortly after this incident, the victim took a leave of absence from work due to stress.”
Background
Mr. Wicheng was 33 years old at the time of the hearing. The following background was taken in part from last year’s reasons.
His parents are from South Sudan and Mr. Wicheng came to Canada as an infant, with his parents, who would later separate. After Mr. Wicheng spent time in foster care, his father was awarded custody of him. Mr. Wicheng’s mother returned to South Sudan in 2006. His primary supports in Canada are his father and brother.
Mr. Wicheng has no history of drug or alcohol use, and no prior criminal record. He was diagnosed at a young age with autism spectrum disorder (ASD) and attention deficit disorder (ADD). There were issues with aggression and challenging behaviour in childhood and at school. Mr. Wicheng graduated from high school through a special education school in Kingston, Ontario. Prior to his admission to hospital in 2014, Mr. Wicheng remained in the home and was cared for by his father.
Mr. Wicheng was admitted to Providence Care Hospital on July 8, 2014, and was an inpatient at the time of the index offences. He was found unfit on January 26, 2016, and transferred to Waypoint on March 29, 2016. He spent considerable time in seclusion or in mechanical restraints due to his persistent and uncontrolled aggressive behaviour and threats toward staff. Over the years, Mr. Wicheng’s father and brother continued to visit him at the hospital. His father now lives in Kitchener. Mr. Wicheng was transferred to the hospital on February 1, 2021.
Mr. Wicheng’s diagnoses are schizophrenia, intellectual disability – moderate to severe; autism spectrum disorder; and query post-traumatic stress disorder (PTSD). He is incapable of consenting to his own treatment, and his father serves as his substitute decision maker (SDM). On May 21, 2020, he was found incapable of managing his property and finances and the Public Guardian and Trustee is his SDM for those issues.
Evidence at the Hearing
The Board received in evidence a Hospital Report dated July 30, 2025 (Exhibit #1); an Update dated September 11, 025 (Exhibit #2); and the verbal evidence of Dr. N. Mokhber, who has been Mr. Wicheng’s attending psychiatrist since September of 2022. She adopted the contents of the Hospital Report and Update and gave the Board a further update on Mr. Wicheng’s status.
Dr. Mokhber confirmed the diagnoses of schizophrenia, intellectual disabilities, and autism spectrum disorder. The impact of his intellectual disabilities is the basis on which the doctor finds Mr. Wicheng to be permanently unfit. Mr. Wicheng is assessed for fitness on a weekly basis. He is unable to answer even one ‘fitness question’ or discuss his legal issues.
As set out in the Hospital Report on page 107:
Mr. Wicheng remains Unfit to Stand trial and continues to express minimal understanding of the fitness criteria during this reporting period. Many attempts were made to assess his fitness, but he typically replied with “I don’t know” to all questions related to the fitness assessment. Despite ongoing attempts to educate and discuss this subject, Mr. Wicheng demonstrates no retention of the information and no understanding of the topics related to fitness to stand trial (role of courtroom personnel, plea, guilty/not guilty, charges related to the index offence, or potential outcome of a court proceeding).
Mr. Wicheng has limited to no insight into the index offence. When discussing his index offence, he reported, "when I was in Kingston, I hurt someone a little bit." He is unable to expand on this idea or explain what he means. He remains unaware of the victim's identity and how his actions may have affected her.
The doctor indicated that the team is also querying an additional diagnosis of PTSD, but because of Mr. Wicheng’s intellectual disabilities and the way he expresses his feelings and thoughts, it has been difficult to confirm this diagnosis. There are some observations to support this diagnosis.
The treatment team uses one-to-one conversation to try to address Mr. Wicheng’s trauma issues, but he terminates every conversation that touches on the trauma he experienced as a child. He frequently needs assurance that he is in a safe place. Fortunately, he and the staff know each other well.
Mr. Wicheng becomes unsettled with changes in the unit, including when new patients are admitted to the unit and have not yet adapted to the routine of the unit. Dr. Mokhber told the Board that Mr. Wicheng is very sensitive to environmental changes.
Mr. Wicheng is very likeable, and the staff enjoy working with him. He continues to be supported with 24/7 one-to-one staff observation.
From time to time, Mr. Wicheng becomes agitated without the team knowing the trigger. It is possible that something may remind him of past trauma. It is very difficult to treat this issue, and the hospital is exploring options for external services that can work with his level of cognition, including something like play therapy.
The treatment team has been advised that traditional play therapy resources are not suitable for Mr. Wicheng because of the ASD. The hospital has found a different program and has sent in a referral for Mr. Wicheng. The treatment team is hopeful that this will be available to Mr. Wicheng in the upcoming year.
In the past year, Mr. Wicheng
…demonstrated a tendency to speak and act impulsively without considering the social context or potential consequences. For example, on December 17, 2024, when Mr. Wicheng was escorted to the St. Thomas Public Library for his regularly scheduled weekly library outing. While at the library, he approached a staff member, as he typically does, to inquire about a specific movie located in the children’s section on the bottom shelf. As the library staff member was looking for the item, she bent over to examine the bottom shelf, when Mr. Wicheng stood behind her and made physical contact by thrusting his pelvic area into her buttocks. As a result of this behaviour, he was banned from the St. Thomas Public Library for the month of January, in accordance with the library’s policy, and was restricted from participating in other community outings during that time.
Despite repeated redirection and clear boundaries set by staff, Mr. Wicheng was overheard again referring to the librarian as a “dumb woman,” and expressed the belief that it is acceptable to engage in inappropriate physical contact with females he perceives as “dumb” or “stupid,” particularly if they wear glasses. (Hospital Report pages 127-138)
Dr. Mokhber confirmed that Mr. Wicheng is very sensitive to medications and medication changes. In her professional opinion, the current combination of medications (set out in the Hospital Report) is the best combination of medications the team has found, given Mr. Wicheng’s sensitivities. Mr. Wicheng requires close supervision to ensure that his medication is adjusted in response to fluctuating testosterone levels.
Without 24/7 supervision, Mr. Wicheng would not be able to take his medications. Without his medications Mr. Wicheng would become violent, as occurred in February 2024 when his medications were changed.
In Dr. Mokhber’s opinion, without 24/7 supervision, Mr. Wicheng’s risk of violent reoffending is very high. Even with medication and close supervision, Mr. Wicheng will occasionally become verbally aggressive, with no obvious triggers. Mr. Wicheng’s risk is not predictable.
However, with one-on-one staffing and a predictable routine, Mr. Wicheng has had a very good year.
Mr. Wicheng remains on the waitlist for a DSO placement, which would provide 24/7 supervision of Mr. Wicheng to protect the safety of the public. Mr. Wicheng is ready for such a placement, but this placement is up to DSO and is beyond the hospital’s control.
Dr. Mokhber told the Board that it appears that DSO gives priority to applicants who are not in hospital. In the hospital’s experience, a forensic history is a stigma which delays acceptance for DSO placement.
The Update provides the following information with respect to the treatment team’s interaction with Mr. Wicheng’s SDM:
The unit social worker (SW) attempted to contact Mr. Wicheng's substitute decision maker (SDM)… on July 30, 2025, to inquire about adding vitamin D and calcium to his medication regimen due to a deficiency. He was unable to make contact, and a voicemail was left, but he never returned the call. The Public Guardian and Trustee (PGT) had previously instructed SW not to attempt to contact the SDM multiple times going forward due to a history of difficulty making contact with him. As such, the PGT was called on August 25, 2025, as a decision maker of last resort, regarding vitamin D and calcium. The PGT returned the call to Dr. Mokhber to verify the request and provide consent.
On September 2, 2025, SW contacted [the SDM] regarding placement decisions and was able to make contact with him. [The SDM] was asked if he would be willing to expand the geographic area for potential Group Living discharge destinations, to which he stated he was open to including Kitchener, Guelph, Cambridge, and Elmira. SW then contacted Developmental Services Ontario (DSO) via email to inform them of this change. However, they responded on September 5, 2025, indicating that Mr. Wicheng was already on the Group Living registry for the Waterloo Region (which included Elmira and Cambridge), Fergus, Guelph, Elgin County, and Perth County. The treatment team was unaware that Mr. Wicheng was on the registry for those additional areas.
Dr. Mokhber told the Board that Mr. Wicheng’s father (the SDM) cares deeply about his son. He wants Mr. Wicheng to receive appropriate care and wants to remain involved with his son’s care. He is very concerned about the impact of side effects on Mr. Wicheng. He does not wish to delegate the responsibility for making treatment decisions to someone else. However, he is very busy, and as a result it can be difficult for the treatment team to contact him.
Efforts by the team to arrange predictable (scheduled) calls from the family members continue to be unsuccessful.
Analysis and Conclusion
All parties maintained their initial positions.
The Board unanimously accepts the joint submission of all parties in this matter that Mr. Wicheng is permanently unfit to stand trial, continues to be a significant risk to the safety of the public, and that the necessary and appropriate disposition is that he continues to remain subject to a detention order with no change to the current terms.
Mr. Wicheng has a diagnosis of intellectual disability and autism spectrum disorder in addition to schizophrenia. As confirmed by Dr. Mokhber, Mr. Wicheng is permanently unfit because of his intellectual disability. The evidence supports the conclusion that Mr. Wicheng does not understand the court processes and has no insight into the index offences. Because of his intellectual disability, extensive efforts at education on these topics have not made any change to Mr. Wicheng’s understanding.
As a result, the Board agrees with Dr. Mokhber’s assessment that Mr. Wicheng is permanently unfit to stand trial. Because of his intellectual disabilities, Mr. Wicheng does not have “a reality-based understanding of the nature or object of the proceedings and their possible consequences, an ability to understand the available options and their consequences, and an ability to select between those options when making decisions.” as required by the Supreme Court of Canada in R. v. Bharwani, 2025 SCC 26.
With respect to significant threat to the safety of the public, Dr. Mokhber confirmed that the following paragraph from last year’s Reasons also continues to be applicable:
Mr. Wicheng has a long history of impulsive and unpredictable assaultive behaviour. Since the finding of [unfit to stand trial], Mr. Wicheng spent time in seclusion with restraints as a result of his ongoing violent behaviour toward staff, particularly during his years at Waypoint. In the last year there has been a continued decrease of his sexualized behaviour as a result of the prescribing of antiandrogen medication; and an improvement of his behaviours in general because of the 1:1 staffing and his involvement in behavioural analysis. However, Mr. Wicheng has no insight across any sphere and this is unlikely to improve in the near future.
The Board notes that in 2024 a decrease in medication resulted in an increase in agitated and violent behaviour by Mr. Wicheng. Mr. Wicheng’s behaviour is unpredictable, and agitation can result from unidentified triggers. During the reporting period, Mr. Wicheng engaged in inappropriate touching of a member of the public, as described above in these Reasons.
The Board has no hesitation in finding that Mr. Wicheng remains a significant threat to the safety of the public. As a result, a stay of proceedings cannot be considered for Mr. Wicheng.
Mr. Wicheng cannot manage his medications without 24/7 supervision. It is clear that Mr. Wicheng’s behaviour can be managed only in a structured setting with 24/7 supervision and one-on-one staffing.
To manage the risk to the public, the hospital must be able to approve of Mr. Wicheng’s accommodation. There is no air of reality for a conditional discharge.
For the reasons noted above, the Board is of the view that it is necessary and appropriate that Mr. Wicheng remains subject to a detention disposition. In reaching these conclusions, the Board considered the paramount concern of the safety of the public, as well as Mr. Wicheng’s needs, mental condition, and rehabilitation, as required by s. 672.54 of the Code.
With the predictable and structured environment of the hospital, medications and one-on-one staffing, Mr. Wicheng has had a good year, and by all accounts has been generally pleasant, polite, and cooperative.
The Board is hopeful that in the upcoming year programing will be available to help Mr. Wicheng overcome his trauma issues. The Board wishes Mr. Wicheng success in obtaining a DSO placement in the upcoming year.
The Board is pleased to note that Mr. Wicheng’s father wishes to ensure that Mr. Wicheng receives proper care, and that the treatment team’s difficulties in discussing this care with Mr. Wicheng’s father results from his busy schedule rather than from a lack of concern. Nonetheless, the Board strongly encourages Mr. Wicheng’s father to prioritize communication with the treatment team. This will contribute to the treatment team’s ability to provide prompt changes to Mr. Wicheng’s medications, as needed, and in a timely manner, thus enhancing the treatment team’s ability to provide appropriate care for Mr. Wicheng.
As noted above, the Board extended the time for the holding of the next hearing to review the disposition to 24 months, pursuant to s. 672.81(1.1) of the Code.
The Board asks counsel for the Attorney General to ensure that a prima facie hearing is held in compliance with s. 672.33 of the Code.
DATED this 14th day of November 2025, at the City of Toronto, in the Region of Toronto.
Ms. K. Tomaszewski Legal Member
Office of the Registrar Ontario Review Board