Re Richard Mann, 2025 CanLII 122711

Re: Richard Mann

ORB File No: 6483

Hearing held on: Tuesday, October 7, 2025

Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th Campus Hamilton, Ontario

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

Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. H. Bloom Dr. A. Kerry Ms. S. Clapp Mr. W. Apted

Parties Appearing: Accused: Richard Mann Counsel: Mr. A. Rai

The person in charge of hospital: Counsel: Mr. S. O’Brien

Attorney General of Ontario: Counsel: Mr. S. Kim

REASONS FOR DISPOSITION

(Dated November 25, 2025)

Introduction:

1. On February 25, 2014, Richard Mann was found not criminally responsible on account of mental disorder (“NCR”) on a charge of sexual assault, contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated October 18, 2024, whereby he is detained at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton, West 5^th Campus (“SJHCH” or the “hospital”) with privileges up to and including community living in approved accommodation. He is also required to abstain from substance use, refrain from possessing weapons, and refrain from contacting the victim of the index offence.

2. On October 7, 2025, a panel of the Board convened at SJHCH to conduct Mr. Mann’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Mann attended the hearing and was represented by counsel, Mr. Rai.

3. The Hospital Report dated September 15, 2025, was marked as Exhibit 1. In addition to the documentary evidence, Mr. Mann’s most responsible physician, Dr. Olubukola Kolawole, gave evidence.

4. The issues to be decided at the hearing were whether Mr. Mann continues to meet the test of posing a significant threat to the safety of the public as set out in section 672.5401 of the Criminal Code, and if so, what is the necessary and appropriate Disposition, taking into account the four factors set out in section 672.54 of the Criminal Code.

Position of the Parties:

5. At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Mr. O’Brien took the position that Mr. Mann continues to represent a significant threat to the safety of the public, and that a continuation of the existing Detention Order remained necessary and appropriate.

6. Mr. Kim supported the position of the hospital on behalf of the Attorney General. Mr. Rai conceded the issue of significant threat and indicated that his client agreed with the position of the hospital. The parties maintained their positions in closing submissions. There was therefore a joint recommendation before the panel.

Findings:

7. For the reasons that follow, the panel found that Mr. Mann continues to pose a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the Detention Order with no changes.

Index Offence:

8. The circumstances of the index offence are stated at page 3 of the Hospital Report as follows:

“According to the Synopsis of Sexual Assault on April 17, 2012, the female victim was approached by Mr. Mann at a copy store. He followed her out and asked her where the 5^th line was. He told her his name was Ricky, and attempted to engage her in conversation. He followed her to her student residence. When she attempted to enter, he said “no”, gave her a hug, placed his hands on her buttocks, and asked for her number. She gave him a wrong number, which he added to his cell phone. She entered her residence, and told the front desk staff. He was identified from camera footage.”

9. Mr. Mann reported that he had been off his medications for a week and drank half a mickey of rum on the day of the index offence. He acknowledged “grabbing the butt” of a woman who was a stranger to him. He stated that he knew that it was wrong, but when he is “off meds” and using alcohol he doesn’t think straight and loses his senses.

Background:

10. Mr. Mann’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Mann is a 45 year old single man with no children. He experienced family disruption, domestic violence, and potentially physical and sexual abuse at a young age. He was placed in foster care for one year when was aged five or six. He was then raised by his mother. Mr. Mann’s father kidnapped his sister and brother and took them to India for six years.

11. It is unclear where Mr. Mann grew up, but he reported periods of time in Winnipeg, Ontario, Cleveland, and New York. Mr. Mann reportedly failed grade eight and left school during grade 11. There were some references to gang involvement. He attended an adult learning centre in 2001 and obtained two credits. Mr. Mann was employed in various places prior to 2003, and has been supported by the Ontario Disability Support Program for many years.

12. The Hospital Report included the following excerpt from a neuropsychological assessment report dated September 30, 2013 regarding Mr. Mann’s head injury (at page 12). Mr. Mann had limited follow-up for his head injury and his family reported that he was assaultive and unpredictable following the head injury.

“In December 2003, during the course of an argument, he was physically assaulted and reportedly struck on the head several times with a baseball bat resulting in a fractured skull and an acquired brain injury (ABI). Diagnostic brain imaging was positive for a subarachnoid hemorrhage and a contusion on the lateral left aspect of the brain parietal area with no evidence of mass effect”.

13. Mr. Mann reported that he had as many as 25 to 50 sexual partners.

14. The Hospital Report stated that Mr. Mann reported that he would occasionally drink beer, and he used cannabis up to a joint every second day prior to 2003. He reported that by 2006 he was drinking 26 ounces of rum daily. He was also using crack cocaine and heroin regularly.

Criminal History:

15. Mr. Mann has an extensive criminal record that is set out in the Hospital Report at pages 4-8. He has over 80 convictions since 2000. This included 11 assaults and four sex offences. The sex offences involved female strangers and involved circumstances similar to the index offence. Mr. Mann also has over 40 convictions for failure to comply with recognizance or probation. Mr. Mann reported that he pled guilty to all of his charges, and his longest period of incarceration was 10 months. He blamed alcohol and his head injury for his offending behaviours.

Psychiatric History:

16. The Hospital Report outlined Mr. Mann’s medical and psychiatric history in detail, and included the following summary (at page 11):

“As an adult, Mr. Mann has attended numerous hospitals over the years including Mount Sinai Hospital, St Joseph’s, St Michael’s, Humber River, Trillium, and CAMH. He variously attended emergencies for withdrawal, requesting detox or shelters, having lost his medication and requesting more medication, having suicidal ideation, and presenting with significant psychiatric symptoms with a rapid reduction in these symptoms. Most were brief emergency visits; some were overnight. Diagnoses (many via self-report) included schizophrenia, schizoaffective disorder, bipolar disorder, depression, substance abuse, substance induced psychosis, psychosis not otherwise specified, acquired brain injury, borderline personality disorder, and antisocial personality disorder. Manipulative behaviour and malingering were also noted. He was treated with numerous different psychotropic medications over the years. He was noted to make sexually inappropriate comments to female staff in hospital, as well as with correctional officers probation. He had also been aggressive at times.”

17. The Hospital Report stated that Mr. Mann had psychiatric follow-up “on numerous occasions for assorted reasons” and he was described as irritable, manipulative and demanding. He was also admitted to the Secure Treatment Unit at the St. Lawrence Valley Correctional and Treatment Centre in Brockville from July 2010 to January 2011. He was frequently transferred from one unit to another due to his inappropriate behaviour, and there were several misconducts. He was eventually discharged due to lack of progress and ongoing behavioural problems.

18. The Hospital Report outlined Mr. Mann’s lengthy course under the jurisdiction of Board, and will only be briefly summarized here. Subsequent to the NCR finding, Mr. Mann was detained at SJHCH until he was discharged to live in the community at Mathias Place in December 2019. On March 26, 2020, Mr. Mann eloped from his community residence and was not returned by police until April 10, 2020. He was noted to have relapsed following nonadherence with medications and was admitted to hospital at that time. Mr. Mann was discharged back to Mathias Place in May 2021, and did well. He was granted a Conditional Discharge in October 2022. However, in 2023, Mr. Mann was found to have been cheeking his evening antipsychotic medications, started drinking and using substances, and was tampering with his urine samples. He was also found to have committed fraud on an elderly tenant. Mr. Mann was readmitted to hospital on a Form 1 under the Mental Health Act in August 2023. His tenancy at Mathias Place was terminated and he has remained in the hospital since then.

19. The Hospital Report lists Mr. Mann’s current diagnoses as: Schizoaffective Disorder, Bipolar Type; Polysubstance and Alcohol Use Disorder, in remission, in a controlled environment; Antisocial Personality Disorder; and Acquired Brain Injury (“ABI”). He is considered capable with regard to treatment and the management of property.

Evidence at the Hearing:

20. The Hospital Report stated that Mr. Mann’s mental status remained at baseline throughout the reporting period. Mr. Mann was adherent with his medication and abstinent from substances, but often demonstrated irritability towards staff. There have been no incidents of violence or inappropriate behaviour. Mr. Mann continued to have difficulty maintaining his personal hygiene and sleep hygiene. There were some concerns raised about Mr. Mann’s use of privileges, such that he is required to abide by strict expectations such as the prohibition of large duffle bags and providing detailed and accurate itineraries when utilizing his passes.

21. Mr. Mann continued to work closely with the occupational therapist and charge nurse in decluttering his room, as this may be a barrier to community living. He has a large number of belongings and pays for a community storage locker.

22. Mr. Mann has been estranged from his sister since 2021, and does not have any Approved Persons.

23. The Hospital Report stated that if appropriate housing was offered for Mr. Mann, he would be ready for a transition to community living. However, housing is a challenge for Mr. Mann given his needs and housing history. He is currently on waitlists for Community Homes for Opportunity and St. Joseph’s Home Care – Supportive Housing at First Place.

24. The Psychological Risk Assessment Note in the Hospital Report stated that the results of the psychological risk assessment completed by Dr. Mini Mamak from April 2021 remained valid. That assessment concluded that Mr. Mann’s risk for general recidivism was considered medium/high, his risk for violent recidivism was considered low to low-moderate, and his risk for sexual recidivism was considered above average.

25. The “Opinion on Risk” in the Hospital Report stated the following about the issue of significant threat and the appropriate Disposition for Mr. Mann at this time (at pages 76-77):

“Given his historical and dynamic risk factors, the serious nature of the index offence, and his propensity for decompensation and offending behaviour in the absence of treatment and structure, it remains the unanimous opinion of the treatment team that Mr. Mann continues to meet the threshold for significant risk to the safety of the public, particularly if forensic oversight were absent.

A Detention Order provides the structure, supervision, and support essential for his treatment, rehabilitation, and risk management. In the absence of this disposition or in the event of an escape from custody, he is at high risk of discontinuing medication, using substances, disengaging from services, suffering significant mental health relapse, and reoffending to the same or similar degree as the index offence.” (Emphasis in original)

26. Dr. Kolawole testified that he has been Mr. Mann’s attending psychiatrist for 11 years. He reiterated that Mr. Mann had an uneventful year with some progress while subject to the structure, supervision and support of the forensic system. Dr. Kolawole noted that Mr. Mann has a very good rapport with the treatment team. He also commended Mr. Mann for his abstinence from substances and his voluntary attendance at CA and AA meetings. He stated that Mr. Mann has good insight into his mental illness and the need for treatment, as well as the need to abstain from substances.

27. In response to a question about the effect of Mr. Mann’s ABI, Dr. Kolawole stated that it likely contributes to his impulsivity and poor judgement, especially when he is sub optimally treated or using substances.

28. Dr. Kolawole confirmed that Mr. Mann would be ready to start the discharge process if an appropriate housing placement was found for him. In response to a question about the fact that all of Mr. Mann’s medications are taken orally, Dr. Kolawole stated that there had been no issues with compliance.

29. No further evidence was called by the parties.

Analysis and Conclusions:

30. Based on the Hospital Report and the evidence of Dr. Kolawole, the panel concluded that there was clear evidence that Mr. Mann remains a significant threat to public safety. The panel accepted the Opinion on Risk set out in the Hospital Report and reproduced above. Mr. Mann has a complex psychiatric presentation with a serious and extensive criminal history involving assaults and sexual assaults. Although Mr. Mann’s insight has developed, he remains at risk of discontinuing medication, resuming substance use, and relapsing in the absence of the structure, support and supervision of the forensic system. This occurred when Mr. Mann eloped from his community residence in 2020, and when he was readmitted to hospital in 2023 while on a Conditional Discharge. As was noted in the Psychological Risk Assessment Note, Mr. Mann’s risk for violent recidivism is considered low to low-moderate, and his risk for sexual recidivism is considered above average under a Detention Order.

31. The panel accepted and agreed with the joint recommendation that a continuation of the existing Detention Order was necessary and appropriate, and the least onerous and least restrictive Disposition for Mr. Mann at this time. Mr. Mann had a good year and is ready for discharge to the community. The issue is that it may be challenging to find housing that suits Mr. Mann’s specific needs. As a result, the hospital requires the ability to approve Mr. Mann’s housing, and bring him back to the hospital quickly in the event that there are problems during his transition to the community. Only a Detention Order allows for this.

32. The panel would like to join the treatment team and the parties in commending Mr. Mann for his engagement with the treatment team and abstinence from substance use this past year. It is hoped that a suitable housing opportunity will be offered to Mr. Mann in the coming year so that he can continue on his positive trajectory and reintegration into the community.

DATED this 25^th day of November 2025, at the City of Toronto, in the Toronto Region.

Suzanne Clapp

Legal Member

_________________________

Office of the Registrar

Ontario Review Board