Santiago G. Gonzalez Y Ramirez, 2025 CanLII 122728

Ontario Review Board

Re: Santiago G. Gonzalez Y Ramirez

ORB File No: 8613

Hearing held on: Wednesday, November 12, 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: Ms. L. Silver Members: Dr. S. Lessard Dr. T. Stirpe Ms. C. Murray Ms. B. Naegele

Parties Appearing:

Accused: Santiago G. Gonzalez Y Ramirez 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 24, 2025)

Introduction

1. On August 29, 2024, Mr. Santiago Gonzalez Y Ramirez was found not criminally responsible on charges of arson causing property damage, mischief under $500, assault police officer (x2) and criminal harassment (x2), all contrary to the Criminal Code of Canada.

2. On November 12, 2025, a panel of the Board convened at Ontario Shores Centre for Mental Health Sciences (“the hospital”) for Mr. Gonzalez Y Ramirez’s annual hearing. Mr. Gonzalez Y Ramirez was present and represented by counsel, Ms. J. Boissonneault. His mother also attended the hearing.

3. The purpose of the hearing was to determine if Mr. Gonzalez Y Ramirez represented a significant threat to the safety of the public, and if so, to create the disposition that is necessary and appropriate in the circumstances and also that which is the least onerous and least restrictive. The materials at the hearing included the documents entered as a record of the proceedings and the Hospital Report dated October 10, 2025.

4. The evidence at the hearing also included the testimony of Dr. Alioglu.

Initial Positions

5. At the outset of the hearing, the parties were canvassed regarding their initial positions. Mr. Dow, counsel for the hospital, submitted that Mr. Gonzalez Y Ramirez continues to present a significant threat to public safety and that the necessary and appropriate disposition is a continuation of the Detention Order, largely on the same terms and conditions as last year. He noted that Mr. Gonzalez Y Ramirez is requesting an expansion of his unsupervised passes from 24 hours to 72 hours and indicated that the hospital is agreeable to that change. He further noted that Mr. Gonzalez Y Ramirez is seeking a deletion of the clause in the disposition prohibiting his possession of any incendiary device. Mr. Dow indicated the hospital takes no position on that request.

6. Ms. MacDonald, on behalf of the Crown, expressed her support for the hospital’s position. She maintained that Mr. Gonzalez Y Ramirez continues to pose a significant threat to public safety and that a Detention Order remains the most appropriate disposition. She supported the amendment to increase his passes from 24 hours to 72 hours but maintained that they should be provided only in the company of an approved person or with staff. Ms. MacDonald did not support the deletion of the prohibition against possessing incendiary devices, but suggested that it could be amended, if the Board saw fit, to permit Mr. Gonzalez Y Ramirez to smoke a cigar.

7. Ms. Boissonneault, on behalf of Mr. Gonzalez Y Ramirez, indicated that she joins in the position of the hospital with respect to a finding of significant threat and the implementation of the Detention Order. However, she requested that clause 2(e) and (f) be amended to expand Mr. Gonzalez Y Ramirez’s passes from 24 to 72 hours, unsupervised. She also advocated for deleting the clause prohibiting his possession of an incendiary device. Alternatively, if the Board considers such a prohibition necessary, she submitted that the clause be amended to permit Mr. Gonzalez Y Ramirez to possess a lighter for the purpose of smoking cigars off hospital grounds.

Index Offence

8. Details of the index offence as set out in the Agreed Statement of Facts submitted at trial can be summarized as follows:

On July 20, 2023, at approximately 9:46 pm, police officers at Southlake Regional Health Centre were alerted by staff members to a possible explosion in the hospital’s parking garage and an active fire. Officers were dispatched to the scene along with the fire department. Upon arrival, the fire department advised that a vehicle located on the fourth floor of the parking structure was on fire and began efforts to extinguish it.

While the fire department was addressing the blaze, officers were informed by Southlake security personnel of suspicious activity observed on the CCTV footage leading up to the incident.

Upon a review of the footage, officers observed that prior to the fire, a male, later identified as Mr. Gonzalez Y Ramirez, was seen walking through the parking garage. At approximately 9:45 pm, Mr. Gonzalez Y Ramirez approached a black Porsche SUV, walked around to the driver’s side, and a flash of light was seen through the window immediately before the vehicle ignited. Mr. Gonzalez Y Ramirez was then seen leaving the area via the parking garage ramp and exited southbound onto Prospect Street.

Security staff further advised that Mr. Gonzalez Y Ramirez had been observed walking up and down the garage ramps for approximately one hour prior to the incident and had circled the fourth-floor level multiple times. It appeared that he was searching for the black Porsche. It was unknown when Mr. Gonzalez Y Ramirez had entered the garage, but it was believed he may have accessed it from inside the hospital on the second floor.

Video surveillance also captured Mr. Gonzalez Y Ramirez approaching an Acura RDX, which was later found to have the letter “E” carved into the left front door.

As a result of the fire, multiple floods occurred within the hospital, which the fire department had assisted in mitigating. There was minimal disruption to hospital operations. Once the fire was extinguished, officials determined that the roof of the parking structure had sustained extensive damage, though it was unclear whether the structural integrity had been compromised. Vehicles parked from the ground level to the third floor were permitted to exit, while levels four and five were designated as crime scenes, and vehicles on those levels were not allowed to leave.

On July 21, 2023, Southlake Hospital security located additional video footage of Mr. Gonzalez Y Ramirez in which he was not wearing a surgical mask. A media release containing his image was disseminated to the public. Later that day, police received a call from Dr. Mehta, a psychiatrist at Southlake Hospital, who believed the suspect shown in the media release was a former patient, identified as Mr. Gonzalez Y Ramirez. Dr. Mehta advised that Mr. Gonzalez Y Ramirez had been diagnosed with paranoid schizophrenia. When officers inquired whether Dr. Mehta recognized the names found engraved on the side of one of the damaged vehicles, Dr. Mehta confirmed that the names belonged to the nurses employed at the hospital.

Officers subsequently contacted Mr. Gonzalez Y Ramirez’s mother, who confirmed his residential address. A Feeney Warrant was obtained to permit entry into his residence.

At approximately 1:25 am on July 22, 2023, officers executed the Warrant and entered the residence. During the entry, Mr. Gonzalez Y Ramirez attempted to set himself on fire by pouring gasoline over his body. While officers were attempting to arrest him, he doused two officers with gasoline and tried to ignite his lighter.

During his arrest, Mr. Gonzalez Y Ramirez made incoherent statements about aliens and was uncooperative in responding to police questions. He was taken into custody and transported to Vaughan Cortellucci Hospital under the authority of a Form 1 and held for bail.

9. In the months leading up to the offences, Mr. Gonzalez Y Ramirez reported that he was experiencing delusional beliefs involving aliens, whom he believed communicated with him by implanting thoughts in his mind using his own voice. The aliens convinced him that there were “past universes” and “key events” that needed to occur for the next universe to continue. He was told that one such key event involved the death of nurses who had been kind to him at Southlake Regional Health Centre, and that he could prevent their deaths by burning something else in substitution.

10. He stated that the aliens eventually persuaded him to purchase a small can of gasoline, which he kept in his apartment for several weeks. On July 20, 2023, he asked his mother to drive him to Southlake Hospital, believing he needed to complete the task the aliens had set for him. Once in the hospital parking garage, he walked around waiting for further instructions from the aliens. After observing a flickering light above the vehicle, he interpreted it as a sign and decided to act. He poured gasoline on the hood of the black Porsche SUV and ignited it with a lighter, then left the area. He also reported using a razor to scratch the names of the two nurses, “Erica” and “Sam,” onto another vehicle at the alien’s direction. He stated he held no hostility toward anyone involved and believed the aliens would ensure he faced no consequences, despite knowing he was being recorded by security cameras.

11. Two days later, when police arrived at his residence, he mistook them for alien figures. In panic, he attempted to open a gasoline canister to “ward them off”, spilling fuel before being subdued and arrested. He stated that he had not expected police involvement, as the aliens had told him he would not be caught.

Background

12. Mr. Gonzalez Y Ramirez is currently 30 years old. He was raised by his biological parents in Puebla, Mexico, until the age of five, when the family relocated to Canada. He is the second of three siblings. After moving to Canada, both parents began working as real estate agents. They separated when Mr. Gonzalez Y Ramirez was in grade 8, after which his father returned to Mexico and has remained there since.

13. There is a family history of mental illness. Mr. Gonzalez Y Ramirez’s paternal grandmother and younger brother were both diagnosed with schizophrenia. Mr. Gonzalez Y Ramirez reported that he began experiencing symptoms of obsessive compulsive disorder (OCD), anxiety, and unusual beliefs involving aliens influencing him, which may have started in grades 3 or 4. He noted that his OCD and social anxiety worsened upon entering high school, accompanied by symptoms of depression.

14. He graduated from high school and briefly attended Seneca College. He was subsequently employed at a restaurant and later worked as an intern at an architectural firm in Mexico for nine months before returning to Canada. Upon his return, he worked at Metro, took additional night courses, and later obtained employment at Costco, which he left after contracting COVID-19.

15. He has not been employed since. At the time of the index offences, Mr. Gonzalez Y Ramirez had been living alone in a rental apartment for approximately one month.

16. Following his arrest in July 2023, Mr. Gonzalez Y Ramirez was detained at the Central East Correctional Centre until June 14, 2024, when he was admitted to the Forensic Assessment Unit at Ontario Shores Centre for Mental Health Sciences, under a Form 48 for assessment of criminal responsibility. On August 29, 2024, he was found not criminally responsible (NCR) by the court.

17. Mr. Gonzalez Y Ramirez has no prior convictions. He was previously charged in 2021 with attempting to obstruct justice and being an accessory after the fact to commit an indictable offence; however, these charges were later withdrawn. The withdrawn charges were related to his younger brother's arrest.

18. Mr. Gonzalez Y Ramirez is primarily supported by his mother, with whom he maintains regular telephone contact and visits in person every two or three weeks. Before his arrest, he had been living independently in a condominium financed by his mother. He reported finding independent living challenging, particularly with activities of daily living. He had previously resided in a group home but experienced difficulties there as well.

Psychiatric History

19. Mr. Gonzalez Y Ramirez first saw a psychiatrist in grade 10 for OCD, social anxiety, and depression after missing school for extended periods. He received CBT and antidepressants with limited benefit. He continued to experience compulsive behaviours, such as excessive hand washing, believing harm would come to his family if these were not performed correctly. His symptoms worsened with stress. He experienced daily panic attacks in grade 12, which later resolved. He reported depression, alcohol use to cope with suicidal thoughts, and a superficial suicide attempt at age 18 by cutting his wrists.

20. Mr. Gonzalez Y Ramirez later developed delusional beliefs involving aliens influencing his thoughts, which intensified by 2022.

21. His first psychiatric admission occurred at Southlake Regional Health Centre from December 22, 2022, to January 6, 2023, after barricading himself in his room with a weapon and sustaining minor self-inflicted neck lacerations. Police intervention was required, involving the use of a Taser and pepper spray to subdue him. He was discharged on Vyvanse and quetiapine. His mother declined his return home. He voluntarily returned to the hospital a week later and was readmitted on January 23, 2023, for one week following the panic attack.

22. On March 29, 2023, he was admitted to Markham Stouffville Hospital under a Form 2 obtained by LOFT housing staff after he accused them of poisoning him and barricaded himself in his room. Staff reported prior stability and suspected medication noncompliance. He was discharged on April 1, 2023. In May 2023, his mother expressed concern to Dr. Mehta about worsening paranoia and again in June 2023 requested psychiatric intervention, which did not occur. The index offences took place on July 20 and 22, 2023.

23. Dr. Wang found Mr. Gonzalez Y Ramirez fit to stand trial on August 4, 2023. He was admitted to the Forensic Assessment Unit (FAU) at Ontario Shores on June 14, 2024, for a criminal responsibility assessment, discharged on August 13, 2024, and readmitted on September 4, 2024, following an NCR finding on August 29, 2024.

24. During his FAU stay, he has been cooperative, medication compliant, and free of behavioural issues.

Current Diagnoses

25. Schizophrenia Obsessive Compulsive Disorder Social Anxiety Disorder

Course Since the Last Hearing from the Hospital Report

26. Following his initial hearing in October 2024, Mr. Gonzalez Y Ramirez remained an inpatient on the Secure Forensic Assessment Unit (FAU) before being transferred to the Forensic Transitional Unit (FTU) on November 30, 2024, where he currently resides. Apart from one isolated incident of absconding, he presented no management difficulties. There were no incidents of violence, seclusion, or substance use during this period.

27. Mr. Gonzalez Y Ramirez has been adherent to his prescribed medications, though he continues to disagree with the diagnosis of schizophrenia and has stated that he would discontinue his medication if it were solely his decision. The titration of his medication has been gradual due to his sensitivity to various side effects.

28. He continues to experience psychotic symptoms, including auditory and visual hallucinations described as “aliens” and “UFOs”. Although he reports that these experiences are not distressing, he maintains the belief that the “aliens” can hear his thoughts.

29. During December 2024 and January 2025, Mr. Gonzalez Y Ramirez frequently requested lorazepam for anxiety and distress related to hallucinations. He became agitated when the staff offered psychoeducation or coping strategies and was initially resistant to adjustments, often requesting changes to his antidepressant medication.

30. Mr. Gonzalez Y Ramirez has a history of substance and alcohol use, though not to the extent of a disorder. He has maintained abstinence from alcohol and illicit substances. All urine drug screens during the reporting period have returned negative results.

31. With respect to social functioning, Mr. Gonzalez Y Ramirez spends most of his leisure time alone in his room watching videos on his tablet. He occasionally participates in community outings organized by his recreational therapists, but is rarely observed interacting with his peers.

Risk Assessment

32. A comprehensive psychological risk assessment was completed by Dr. Vanessa Epp (psychologist) on October 17, 2025, based on file review, treatment team input and clinical interviews conducted with Mr. Gonzalez Y Ramirez on October 2 and October 7, 2025. This is set out on pages 17 through 21:

“It is evident that Mr. Gonzalez y Ramirez has made progress since being at Ontario Shores. This is exemplified in the absence of violent incidents, ongoing medication compliance, and regular use of privileges available to him under his current disposition. That said, Mr. Gonzalez y Ramirez’s insight into the relationship among mental health symptoms, substance use, and his risk for future violence remain limited. During the clinical interview, he demonstrated limited understanding of the life-long impacts of schizophrenia, and his responses to questions about the need for medication bring into question the likelihood he would continue taking medication if not required under ORB purview. Consequently, absent the support and supervision of the Review Board and the hospital, there is a significant risk that Mr. Gonzalez y Ramirez will stop his medication which would likely exacerbate his symptoms, further impair his ability to cope with stress, and ultimately increase his likelihood for violence. To his credit, records indicate he has remained treatment compliant while residing at Ontario Shores; however, strategies targeting insight into his mental illness and need for treatment remain of utmost importance. Absent improved insight into the need for treatment and the link between psychiatric destabilization, substance use, and violence risk, it appears that unstructured autonomy is contraindicated at the present time. Overall, in the context of a Conditional Discharge, Mr. Gonzalez y Ramirez’s risk for violence is opined to be High.

In offering recommendations to manage risk, the presence of external supports will be of continued benefit. Given the above, he may benefit from a referral for individual CBT for Psychosis. That said, Mr. Gonzalez y Ramirez’s negative symptoms and social anxiety may interfere with his ability to provide elaborate responses, and he may require several sessions of rapport building before beginning skill development. Furthermore, records indicate that Mr. Gonzalez y Ramirez has been referred to the psychology department for a diagnostic assessment to understand his personality constructs, as well as to assess for possible neurodivergence and to curate treatment recommendations that better suit his needs. Should he participate, the results of this assessment will help facilitate a successful community reintegration when appropriate.”

Testimony of Dr. Alioglou

33. Dr. Alioglou testified that she is a Clinical Fellow working with Dr. Pytyck, Mr. Gonzalez Y Ramirez’s most responsible physician. She is a co-author of the Hospital Report and adopted its contents.

34. She confirmed that Mr. Gonzalez Y Ramirez has generally had a good reporting year, with no substance abuse or violent behaviour, and has used his privileges appropriately, with the exception of one elopement attempt.

35. Mr. Gonzalez Y Ramirez indicated that the elopement attempt was not an effort to escape from the hospital, but rather a desire to return to the medium secure unit.

36. Dr. Alioglou testified that Mr. Gonzalez Y Ramirez’s insight into his mental illness remains underdeveloped; he does not recognize the connection between his symptoms and the index offence. He continues to endorse that he received messages from aliens directing him to commit the index offence.

37. Dr. Alioglou noted that Mr. Gonzalez Y Ramirez’s medications have not been fully optimized. He remains resistant to increasing his dosage as he does not believe he suffers from schizophrenia. He is currently taking medication only because he is required to do so while under the supervision of the Ontario Review Board.

38. Dr. Alioglou further explained that the titration of his medication has been unusually slow due to his resistance and perceived side effects. Dr. Alioglou testified that it was unclear whether he was in fact experiencing negative side effects or whether his resistance stemmed from a lack of insight into his illness and treatment needs.

39. Over the next year, the main goal is to optimize Mr. Gonzalez Y Ramirez’s medication regimen. The hope is that, with the benefit of cognitive behavioural therapy (CBT), which he only began last week, his insight will improve and he will agree to an increase in his dosage.

40. Despite continuing to experience psychotic symptoms, his behaviour has not been negatively impacted, and he has not engaged in any violent or concerning behaviour related to his symptoms.

41. Dr. Alioglou confirmed that she did not object to Mr. Gonzalez Y Ramirez’s request to increase the time for passes from 24 hours to 72 hours. She agreed that this expansion of privileges could be useful in testing how he copes and in preparing him for reintegration into the community.

42. However, she has not yet spoken to his mother, who is not currently an approved person. Dr. Alioglou stated that Mr. Gonzalez Y Ramirez’s mother is considered a protective factor, as she understands his illness and the importance of treatment.

43. In response to questions from Ms. MacDonald and the panel, Dr. Alioglou did not disagree that the expansion of community access should occur gradually. To date, Mr. Gonzalez Y Ramirez has only exercised unsupervised community passes for about six hours. She did not dispute that granting 72-hour passes would be appropriate, provided they occur in the company of an approved person or under his mother’s supervision.

44. Regarding the inclusion of a community living clause, Dr. Alioglou indicated that the hospital is awaiting an occupational therapy assessment that was ordered back in June. When asked why this had taken so long, given that last year Dr. Wang testified that a referral to a psychologist would be beneficial in helping Mr. Gonzalez Y Ramirez address his social anxiety and other concerns. Dr. Alioglou explained that there is, unfortunately, a long waiting list. However, she noted that the assessment is expected to take place within the next few weeks.

45. A psychological assessment will help clarify his diagnosis, particularly regarding possible ADHD or a personality disorder. Mr. Gonzalez Y Ramirez has declined an assessment for autism spectrum disorder (ASD), as he does not believe he has that condition.

46. When asked about the inclusion of the prohibition against incendiary devices or materials, Dr. Alioglou confirmed that the hospital is not taking a position with respect to this request. She also confirmed that, apart from the index offence, there is no history of fire-setting behaviour before or after the incident, and no diagnosis of pyromania.

47. Dr. Alioglou further noted that the index offence occurred at a time when Mr. Gonzalez Y Ramirez was unmedicated and profoundly unwell. While hospitalized, he would not have access to incendiary materials, as such items are considered contraband. Dr. Alioglou testified that she understood Mr. Gonzalez Y Ramirez’s request to remove the prohibition against possession of incendiary devices to apply only to a community living context, not to hospital passes.

Submissions

48. The Board was presented with a joint submission regarding significant threat and the necessity for a Detention Order. Mr. Dow, on behalf of the hospital, maintained his initial position regarding the existence of a significant threat and the necessity and appropriateness of a Detention Order with the recommended clauses. He reiterated his understanding that Mr. Gonzalez Y Ramirez was requesting the deletion of the prohibition against incendiary devices for when he is discharged to community living. Mr. Dow also agreed with Mr. Gonzalez Y Ramirez’s request that his indirectly supervised passes be increased from 24 to 72 hours.

49. Ms. MacDonald, on behalf of the Crown, also agreed that Mr. Gonzalez Y Ramirez was a significant threat and that a Detention Order was the appropriate disposition. She submitted that she had no objection to increasing the duration of the passes from 24 to 72 hours but did not agree that they should be indirectly supervised. She submitted that such passes should only be permitted under the supervision of hospital staff or an approved person. Given that Mr. Gonzalez Y Ramirez has, to date, only exercised indirectly supervised hospital and ground privileges up to three hours, unlimited, and indirectly supervised community passes up to 6 hours with his family, Ms. MacDonald argued that it would be too great an increase to allow 72-hours of indirectly supervised access to the community at this time without first testing his performance on longer passes.

50. With respect to the request to delete the prohibition against the possession of incendiary devices, Ms. MacDonald was opposed. Alternatively, she suggested, if the Board were inclined to amend the clause, it should be modified to permit Mr. Gonzalez Y Ramirez to smoke a cigar but not be in possession of a lighter. She argued that a cigar itself constitutes an incendiary device. If the Board determined that Mr. Gonzalez Y Ramirez should be permitted to smoke once living in the community, Ms. MacDonald submitted that the clause could be tailored to allow smoking only if another person lights his cigar for him.

51. Ms. Boissonneault, on behalf of Mr. Gonzalez Y Ramirez, submitted that every disposition must include the least onerous and least restrictive conditions consistent with public safety. She noted that her client had made progress over the last year and there have been no behavioural issues. Mr. Gonzalez Y Ramirez has recently begun CBT, and it is hoped that his insight will continue to improve as his medication is optimized.

52. Ms. Boissonneault submitted that expanding Mr. Gonzalez Y Ramirez’s passes to 72 hours would be helpful and would not result in any increase in his level of risk. She argued that this would support discharge planning and facilitate his gradual reintegration into the community. She further submitted that it would be reasonable to remove the prohibition against possession of incendiary devices. There is no history of fire-setting behaviour other than the index offence, which occurred when Mr. Gonzalez Y Ramirez was acutely unwell and unmedicated. Although he continues to experience delusional beliefs, they are not of a commanding nature. Since the index offence, Mr. Gonzalez Y Ramirez has made considerable progress, is medicated, and his ongoing symptoms do not negatively impact his risk. Alternatively, if the Board determines that the prohibition should remain, Ms. Boissonneault proposed that the clause be modified to include an exception permitting possession of incendiary devices, such as a lighter, off hospital grounds. This, she submitted, would represent the least restrictive condition, balancing public safety with Mr. Gonzalez Y Ramirez’s rehabilitation and reintegration needs.

Analysis and Conclusion Unanimous Decision

53. The Board finds unanimously that Mr. Gonzalez Y Ramirez continues to meet the threshold of significant threat to the safety of the public. This was not disputed. His risk for violence and reoffence arises primarily from his major mental illness. The index offence was serious and relatively recent. Mr. Gonzalez Y Ramirez not only set a fire in a hospital parking lot, an act with clear potential for significant harm, but later attempted to ignite responding police officers. This offence occurred in the context of active psychosis.

54. Since his admission to Ontario Shores, Mr. Gonzalez Y Ramirez has demonstrated commendable progress, including the absence of violent incidents, adherence to medication, and appropriate use of privileges. Nevertheless, he continues to exhibit poor insight, emotional and behavioural instability, and limited responsiveness to treatment interventions.

55. He continues to experience psychotic symptoms similar to those present at the time of the offence, including auditory and visual hallucinations and delusional beliefs centred on aliens and UFOs. Although he is compliant with medication, this adherence appears externally motivated, rather than insight driven. He minimizes the impact of schizophrenia and expresses doubt about the necessity of long-term pharmacological treatment.

56. Medication titration has progressed slowly due to both reported side effects and resistance to increases, resulting in only modest therapeutic improvement. While his condition remains stable under supervision, this stability is clearly contingent upon structured monitoring, consistent reporting and oversight from the treatment team. Further stabilization, improved treatment engagement, and ongoing monitoring are required before any transition to community living can be safely contemplated.

57. Although it was not formally raised as an issue, the Board finds that, in the context of a Conditional Discharge, Mr. Gonzalez Y Ramirez’s risk for violence would remain high. There is a substantial likelihood that he would discontinue medication, leading to symptom exacerbation, impaired coping and heightened violence risk. The hospital must retain authority to approve housing, ensure adequate supervision and psychiatric support and readmit him promptly in the event of decompensation or noncompliance.

Condition and Terms

Passes - Unanimous Decision

58. The Board unanimously agreed to expand Mr. Gonzalez Y Ramirez’s supervised passes privileges from 24 to 72 hours. Clause 2(f) of last year’s disposition shall remain unchanged, continuing to permit indirectly supervised passes for up to 24 hours. However, in the Board’s unanimous view, it would be premature to permit passes of 72 hours without supervision. To date, Mr. Gonzalez Y Ramirez has exercised indirectly supervised community privileges for up to six hours. A sudden increase to 72 hours without supervision would not be prudent. Ongoing monitoring is required as his level of privilege increases. Accordingly, although passes may be extended to 72 hours, they must be supervised by hospital staff or an approved person.

Incendiary Devices – Split Decision

Majority Decision

59. The Board was divided on the appropriate disposition clause relating to incendiary devices.

60. The majority concluded that the clause could be amended to allow Mr. Gonzalez Y Ramirez to smoke cigars when off hospital grounds in designated smoking areas where permitted. However, he must not be permitted to possess any other incendiary device, including lighters or matches.

61. An analogy may be drawn to disposition conditions that prohibit possession of weapons but permit a narrow exception, allowing possession of a kitchen knife for eating or meal preparation only. While a lit cigar may technically be capable of ignition, the risk associated with permitting smoking under controlled circumstances, and without access to ignition sources, is low in the totality of the circumstances.

62. In the majority’s view, the seriousness and recency of the index offence, Mr. Gonzalez Y Ramirez’s poor insight, ongoing psychotic symptoms, and resistance to medication increases all militate strongly against allowing him to possess any ignition source. However, in fashioning the least restrictive and least onerous condition consistent with public safety, it is reasonable to allow him to smoke cigars off hospital grounds where permitted.

63. In practical terms, this means Mr. Gonzalez Y Ramirez may smoke in approved off-site areas, but he may not carry or have access to lighters, matches or any other incendiary device other than a cigar.

64. The majority determined that this amendment appropriately balances public safety with Mr. Gonzalez Y Ramirez’s rehabilitation and reintegration needs, while complying with the requirement to impose the lease restrictive disposition with public safety.

Minority Decision (Dr. Serge Lessard and Christine Murray)

65. These panel members dissent from the majority decision regarding clause 4(c). Specifically, the dissenting members prefer term 4(c) to allow cigar smoking, where permitted, with supervision of an Approved Person, Hospital Staff, or member of Mr. Gonzales Y Ramirez’s treatment team.

66. Mr. Gonzales Y Ramirez’s index offences were extremely serious and could have resulted in serious physical harm to many persons. The arson of July 20, 2023, at Southlake Regional Health Centre (“Southlake”) was directed at a vehicle. Flowing from the fire, multiple floods were reported inside the hospital. There was extensive damage to the roof of the parking structure. On the heels of that incident, on July 22, 2023, Mr. Gonzales Y Ramirez began dousing two police officers with gasoline and attempting to ignite his lighter as the police were trying to arrest him. Of particular concern is Mr. Gonzales Y Ramirez’s use of an accelerant. The flame from his lighter in the presence of gasoline could have resulted in devastating consequences to the police officers and himself. Ms. MacDonald raised the possibility of a cigar being an incendiary device. The dissenting members agree.

67. The dissenting members put significant weight on the following factors. Mr. Gonzales Y Ramirez does not yet have a comprehensive diagnosis given the lack of assessments and refusal to participate in an ASD assessment. Mr. Gonzales Y Ramirez has declined optimization of his medication. He is taking oral medication only and is therefore at risk of quick decompensation in the event of missed doses. Mr. Gonzales Y Ramirez is described by Dr. Alioglu as having limited insight into his major mental illness. He does not agree with his diagnosis. Mr. Gonzales Y Ramirez has not yet been tested under close supervision with a cigar or other devices that could ignite a fire. Further, Mr. Gonzales Y Ramirez continues to experience the same delusions regarding aliens that he experienced at the time of the index offences, albeit being less command in nature than at the time of the index offences.

68. Considering that the paramount concern is the safety of the public, the dissenting members find that Mr. Gonzales Y Ramirez should not yet be in possession of any incendiary device at any time except cigars, where permitted and under the supervision of an Approved Person, hospital staff, or member of his treatment team. For clarity, it is agreed that Mr. Gonzales may smoke cigars, but due to his ongoing risk to the public, he may only smoke cigars when supervised by an Approved Person, hospital staff, or member of his treatment team. Under Mr. Gonzales Y Ramirez’s Disposition he may not possess a lighter or matches or other incendiary device used to light cigars. Therefore, an Approved Person, hospital staff, or member of Mr. Gonzales Y Ramirez’s treatment team would be required to light Mr. Gonzales Y Ramirez’s cigars and supervise him for the duration of smoking. It would not be sufficient for a member of the general public to light a cigar for him, nor would the presence of a member of the general public be considered supervision, because members of the general public will not have sufficient knowledge of Mr. Gonzales Y Ramirez’s risks, which may vary from time to time depending on his mental status.

69. The dissenting members find that the least onerous and least restrictive Disposition regarding clause 4(c) allows Mr. Gonzales Y Ramirez to smoke cigars, where permitted, only under the supervision of an Approved Person, hospital staff, or member of Mr. Gonzales Y Ramirez’s treatment team.

Disposition

70. Having regard to the paramount need to protect public safety, balanced against the accused’s mental condition, reintegration and other needs, the Board unanimously concludes that a Detention Order within the Forensic Service at Ontario Shores remains necessary and appropriate.

71. The unanimous Board also agrees that his supervised passes may be increased from 24 hours to 72 hours.

72. The majority of the Board found that it is appropriate to include a clause prohibiting his possession of any incendiary device other than a cigar for the sole purpose of smoking in permitted areas.

DATED this 24th day of November 2025, at the City of Toronto, in the Region of Toronto.

Ms. L. Silver Alternate Chairperson

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Office of the Registrar Ontario Review Board