Ontario Review Board
Re: Charles Casola
ORB File No: 8535
Hearing held on: Tuesday, September 16, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Sections 672.48(1) and 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: Charles Casola Counsel: Mr. A. Paas Amicus Curiae: Ms. M. Addie
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated November 20, 2025)
Introduction
On April 8, 2024, Charles Casola was found unfit to stand trial on three charges of assault, contrary to the Criminal Code. The Court declined to make a disposition and referred Mr. Casola to the jurisdiction of the Ontario Review Board (the "Board"). Mr. Casola was admitted to the Ontario Shores Centre for Mental Health Sciences (the "hospital"). Mr. Casola's initial hearing was on June 6, 2024.
On September 16, 2025, Mr. Casola, who was on a Detention Order, appeared before the Board for his annual hearing. The central issue was fitness to stand trial. The Board had before it as Exhibit 1 a Hospital Report dated June 10, 2025, an Addendum dated June 10, 2025, and an Addendum dated September 5, 2025.
As a preliminary matter, the Board heard an application brought by the hospital. The hospital requested an order pursuant to s.672.51(3) of the Criminal Code to withhold disposition information to be entered into evidence (the Addendum to the Hospital Report dated June 10, 2025) at the hearing from Mr. Casola as disclosure of the information would likely endanger the life or safety of another person and seriously impair the treatment or recovery of the accused. At the conclusion of the hearing of the application, the Board ordered that the disposition information in question be withheld from Mr. Casola pursuant to s. 672.51(3) of the Criminal Code.1
At the outset of the disposition review hearing, all parties took the position that Mr. Casola is now fit to stand trial and should be returned to court with his current privilege package remaining in place. Ms. M. Addie appeared as Amicus Curiae. By the conclusion of the hearing, the Board agreed that Mr. Casola was now fit and should be returned to court.
Current Diagnoses
- Unspecified Schizophrenia Spectrum and Other Psychotic Disorder Unspecified Catatonia Generalized Anxiety Disorder Obsessive Compulsive Disorder
Evidence at Hearing
Dr. C. Harrigan, the patient's psychiatrist, assessed fitness on the day of hearing. Dr. Harrigan found that Mr. Casola had a clear understanding of the nature and object of court proceedings. The patient understands the options available to him and the possible outcomes. He would have no difficulty communicating with counsel. He is aware of the charges. He has a good understanding of the role of Crown counsel, defence and the judge. He understands the meaning of the oath and what perjury is. He also appreciates the role of the Board.
In final submissions, all parties agreed that Mr. Casola was now fit to stand trial.
Analysis
- Mr. Casola, while earlier unfit, is now clearly fit in the eyes of the Board. The evidence was clear and unequivocal. The Addendum relating to fitness is further confirmation. The current Disposition properly addresses Mr. Casola's needs pending his return to court. As the patient progresses through court, the Board notes that the Court has at its disposal s. 672.29 of the Criminal Code which permits it to make a Keep Fit Order. In the special circumstances of Mr. Casola's case, the Board observes that the hospital is well situated to maintain Mr. Casola's fitness if the Court were disposed to make such an order. The Board's jurisdiction to make a Keep Fit Order is restricted under the Criminal Code to its initial hearing. As this is not the initial hearing before the Board that responsibility falls to the Court. We wish Mr. Casola well.
DATED this 20th 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
Footnotes
- The Board issued separate Reasons for Ruling setting out its reasons for ordering the disposition information be withheld from the accused. The Reasons for Ruling are subject to a prohibition on publication pursuant to section 672.51(11)(a) of the Criminal Code and shall not be disclosed to the accused.