Ontario Review Board
Re: Jason A Pimental
ORB File No: 8825
Hearing held on: Friday, October 24, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. J. Mills Members: Dr. W. Johnston Dr. L.O. Lightfoot Ms. M. Chamberlain Ms. R. Chopra
Parties Appearing:
Accused: Jason A Pimental Counsel: Ms. R. Levin
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated November 26, 2025)
Introduction
On July 18, 2025, Jason Pimental was found not criminally responsible on account of mental disorder (“NCR”) on one count of arson and three counts of assault peace officer, contrary to the Criminal Code of Canada (the “Criminal Code”). The Court declined to make a disposition and referred the matter to the Ontario Review Board (the “Board”).
On October 24, 2025, a panel of the Board convened at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or the “hospital”) to hold a hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Pimental was present for his hearing and was represented by counsel throughout the proceedings. Mr. Pimental’s parents were also present for his hearing.
The issues to be determined are whether Mr. Pimental poses a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
At the commencement of the hearing, counsel for the hospital submitted that Mr. Pimental represents a significant threat to the safety of the public and that he should be detained on either the Forensic Service or the General Forensic Unit at Ontario Shores with privileges up to and including the ability to live in the community and with conditions inter alia that he not have in his possession any incendiary devices. Counsel for the Attorney General and counsel for Mr. Pimental agreed with the hospital’s submission.
At the conclusion of the hearing, counsel for the hospital maintained their initial position and left the issue of whether Mr. Pimental should be permitted to have a device that allowed him to smoke to the Board. Counsel for the Attorney General maintained her initial position. Counsel for Mr. Pimental asked the Board to make an exception to the prohibition against incendiary devices to permit Mr. Pimental to smoke.
For the reasons set out below, the Board finds that Mr. Pimental poses a significant threat to the safety of the public and that he should be detained on the General Forensic Unit at Ontario Shores with privileges up to and including the ability to live in the community in accommodation approved by the person in charge. The Board further found that Mr. Pimental should be prohibited, inter alia, from having any incendiary device in his possession.
Evidence at the Hearing
- The Board received documentary evidence in the form of the Information, Transcript of the NCR Proceedings, an Agreed Statement of Fact, an NCR Report dated, April 18, 2025, and a Risk Assessment Report dated, September 12, 2025, marked as Exhibits 1 through 5 respectively. The Board also heard viva voce testimony from Dr. A. Wang, author of the Risk Assessment Report.
Index Offences
- The circumstances of the index offenses are excerpted from the Agreed Statement of Facts, as follows:
On Monday, October 7, 2024, at 09:36 hours, Police attended a Person in Crisis call at 17 Ocean Avenue in the city of Vaughan, Region of York. The complainant, Maria Fatima PIMENTEL 1960-05-20, reported that her son, Jason PIMENTEL 1988-08-18, was suffering from his Bipolar episode and was breaking things in the house.
Maria informed that Jason was supposed to go with her at RAM clinic (Rapid Access to Addiction Medicine) at 09:00 hours; however, Jason refused and demanded $33 from Maria. She told Jason that she will give him money once he goes to RAM clinic, but Jason changed his mind and wanted $40 instead. Maria denied his request because he does not want him to get used to it.
In addition, Jason recently started taking anti-psychotic shot 2 weeks ago and was supposed to get his second one tomorrow, Tuesday, October 8, 2024 and will be getting it on a monthly basis after that. Jason started to get irate and pushed Maria and started breaking stuff in the house. Maria left Jason in the house, went to her sister's house and contacted Police.
Maria further informed that Jason locked the door and he might be somewhere in the house. Maria, the owner of the house, authorized police access her house to have a conversation with Jason. Police were able to get access to the house and cleared the main floor and 2nd floor. Police called out to Jason numerous times but did not receive a response. Police smelled smoke coming from the basement of the house. Upon inspection, police observed the smoke to be coming out of the basement door/floor and it was progressively getting thicker. Police rushed downstairs as they were concerned for Jason's safety and saw a room in the basement engulfed in fire. Jason immediately put his hand behind his back and surrendered; however, he started to become passively resistant by going limp on the basement stairs while the smoke was filling the basement. He was also holding a grey BIC lighter and a lit cigarette in his hand. Police carried Jason out the house to a safer place. He then uttered that he wanted to commit suicide.
Jason was apprehended under the Mental Health Act and placed in custody for Arson. Jason started to become irritable and started screaming. In addition, after Jason was placed in the back of the cruiser, he began banging his head again the cage actively hurting himself. Police opened the door in attempted to stop him from injuring himself and this is where started spitting at PC MAHDI #2514, PC ISRAILOV #2842 and PC BURTT #2968. He was subsequently arrested for Assault Peace Officer and a spit hood was put on him. He was then read his rights, upon asking if he understood, he told officers he wanted to commit suicide.
Fire arrived on scene and successfully extinguished the fire. EMS also arrived on scene to check on Jason; however, he was uncooperative.
Jason was transported to Cortellucci Vaughan Hospital in cruiser #451. He started to calm down, cooperative and apologetic to Police. He was then assessed by Dr. Lavigueur who placed him on a Form 1 under the Mental Health Act.
Mr. Pimental was born in Toronto. He was raised by his biological parents together with an older brother. Mr. Pimental completed high school and attended college where he was enrolled in a social services work program. He completed 23 of 25 course but was unable to finish the program due to mental health issues. As a teenager, Mr. Pimentel obtained seasonal work and later was employed in the construction industry as a plumber and as a carpenter. Unfortunately, his various employment endeavours were interrupted due to mental health issues. Mr. Pimental has been receiving Ontario Disability Support (ODSP) since he was 23 years old. His mother is his financial trustee.
Mr. Pimental reports having had significant relationship and being engaged on two occasions. Mr. Pimental is currently single. He has no dependants. His primary personal supports are his immediate and extended family members.
Mr. Pimental began using cannabis when he was 16 years old. Several years later his cannabis intake increased to daily use. Mr. Pimental began using cocaine when he was 31 years old. He was using cocaine daily around the time of the index offences.
Prior to the index offences, Mr. Pimentel did not have a criminal record. There are references in the NCR and Risk Assessment Reports to outstanding charges of theft and assault that occurred on September 6, 2024.
Mr. Pimental was diagnosed with bipolar 1 disorder when he was 17 years old. Mr. Pimental was hospitalized on multiple occasions from 2005 up to the time of the index offences (the NCR Report documents 55 admissions). Typically, his hospitalisations were because he stopped taking his medication and used cannabis which led to manic and psychotic symptoms. Mr. Pimental had previously been subject to a Community Treatment Order (CTO) and followed by an Assertive Community Treatment (ACT) team.
Mr. Pimental is currently diagnosed as suffering from bipolar 1 disorder, cannabis use disorder and stimulant use disorder.
Course subsequent to the index offences
Mr. Pimental was released on bail shortly after his arrest for the index offences. He resided with his aunt until October 10, 2024, when he was admitted to Trillium Hospital on a Form 1 under the Mental Health Act (MHA) due to auditory and visual hallucinations and panic attacks. He was transferred to Ontario Shores on November 8, 2024, under a Form 3. The Form 3 lapsed on November 19, 2024, and Mr. Pimental remained at Ontario Shores as a voluntary patient. Mr. Pimental endorsed significant anxiety due to his legal situation and lapsed to cannabis use on May 25, 2025. On May 28, 2025, Mr. Pimental was discharged from the hospital on a CTO, with follow up with a Canadian Mental Health Association (CMHA) ACT team.
Pursuant to his release order, at the time of his hearing, Mr. Pimental was subject to house arrest at his brother’s residence with the ability to spend time at his grandparent’s home during the day.
Analysis
Mr. Pimental has a longstanding history of bipolar 1 disorder with many episodes of mania that have required multiple hospitalisations. The Risk Assessment Report indicates that, “when unwell he has exhibited expansive mood, irritability, disorganized behaviour and psychosis in the form of paranoid and grandiose delusions. This has also been exacerbated by concurrent cannabis use and more recently cocaine use.” The Risk Assessment Report goes on to describe a history of aggressive behaviour when unwell and Mr. Pimental is noted to have been aggressive and violent toward family members as well as other members of the public. His major mental illness has resulted in a high degree of instability and dysfunction which has also contributed to periods of homelessness. Mr. Pimental has a history of medication nonadherence and substance use both of which remain salient risk factors for him. When Mr. Pimental’s risk factors are considered in the context of the index offences and Mr. Pimental’s history of aggressive behaviour when unwell, the Board finds that Mr. Pimental represents a significant threat to the safety of the public.
The Board is in agreement that the necessary and appropriate disposition is a detention order. In coming to this conclusion, the Board has considered Mr. Pimental’s history of instability and the relative speed with which he decompensates when becoming unwell. The Board has also considered his history of multiple hospitalisations under the MHA and the likelihood that the MHA will be inadequate to address Mr. Pimental’s risk to the safety of the public before he decompensates significantly. The Board has considered a conditional discharge but finds that the MHA would not be sufficient to admit Mr. Pimental to hospital expeditiously. Furthermore, as is evident from his history of multiple hospitalisations, even were Mr. Pimental to attend at a hospital voluntarily, the MHA would not be an effective tool to keep Mr. Pimental in hospital long enough for him to return to his baseline.
The Board also finds that the hospital should have the ability to approve Mr. Pimental’s accommodation. Mr. Pimental has a very supportive family; however, some family members have been subject to his aggressive behaviour when unwell and the index offences occurred while he was living in his parents’ home. Mr. Pimental wishes to return to the family home, and it will be important for the hospital to determine at this early stage of his recovery whether that is the best environment for him. The Board considers the ability of the hospital to approve Mr. Pimental’s accommodation an essential risk management tool which will also aid in a successful reintegration into the community.
The Board also agrees with the recommended privileges and prohibitions. Should the need arise to admit Mr. Pimental to the hospital, the privileges in his disposition allow for a gradual reintegration back to the community and adequate reporting when in the community. The Board acknowledges that Mr. Pimental is a smoker. However, given the circumstances of the index offences and that Mr. Pimental had in his possession a lighter and lit cigarette when arrested at the scene of the index offences, the Board finds it to be a necessary and appropriate prohibition. Given Mr. Pimental’s history of substance use and the correlation between it and his mental health deterioration, Mr. Pimental will also be required to refrain from the use of substances and to provide urine sample for analysis when asked to do so.
The Board has considered how Mr. Pimental’s disposition should be styled and finds that there is no therapeutic reason why the Board should not name a unit. Having regard to Mr. Pimental’s history and recent stay at Ontario Shores it is necessary and appropriate for Mr. Pimental to be detained on a General Forensic Unit.
Mr. Pimental is attached to a CMHA ACT team that Dr. Wang advises is likely to continue to provide him with support and oversight. Notwithstanding the benefits of that relationship, it will be the hospital’s responsibility to ensure that Mr. Pimental receives the appropriate support and monitoring required to assist him in a successful recovery and we urge Mr. Pimental to work together with his treatment team going forward. The Board wishes him well in the year ahead.
Disposition
In making a disposition, the Board must take into consideration s. 672.54 of the Criminal Code, including the safety of the public which is the paramount consideration and the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused.
For the above reasons, the Board finds that Mr. Pimental represents a significant threat to the safety of the public and shall be detained on the General Forensic Unit at Ontario Shores Centre for Mental Health Sciences with privileges up to and including the ability to live in the community in accommodation approved by the person in charge and with prohibitions as outlined in the formal disposition.
DATED this 26th day of November 2025, at the City of Toronto, in the Region of Toronto.
Ms. J. Mills Alternate Chairperson
Office of the Registrar Ontario Review Board