Re: Marcio Oliveira
ORB File No: 8337
Hearing held on: Monday, November 24, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Fromstein
Members: Dr. R. Wood Hill Dr. G. Stones Ms. J. Mills Ms. C. Plyley
Parties Appearing:
Accused: Marcio Oliveira Counsel: Ms. C. Whillier
The Person in charge of Hospital: Representative: Ms. T. Newman
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated December 15, 2025)
Introduction
[1]. On June 27, 2023, Mr. Marcio Oliveira was found not criminally responsible on a charge of arson disregard for human life, contrary to the Criminal Code of Canada. He is currently subject to a Disposition dated November 25, 2024, which was ordered at the same time as a Decision on a Restriction of Liberty hearing that determined a new Disposition was necessary Mr. Oliveira is detained on the Brébeuf Regional Forensic Unit at Waypoint Centre for Mental Health Care (“Waypoint” or the “hospital”). He has privileges that include, amongst others, to live in the community in the catchment area of Waypoint in approved accommodation. Mr. Oliveira is required to report not less than one time a week.
[2]. On November 24, 2025, a panel convened at Waypoint to review that Disposition. Mr. Oliveira was present and represented by counsel.
Initial Positions
[3]. At the outset of the hearing the parties were canvassed as to their initial positions. Ms. Newman, the hospital representative, indicated the hospital’s position is that Mr. Oliveira continues to represent a significant threat. They are recommending a continuation of his detention order as the necessary Disposition with changes expanding his passes to one week and reducing his reporting requirements to not less than once every two weeks.
[4]. Ms. Curry, on behalf of the Crown, joined the hospital position.
[5]. Ms. Whillier, on behalf of Mr. Oliveira, indicated that he is not contesting the issue of significant threat and joins in the recommended Disposition.
[6]. The Board accepts the joint position of the parties. We find Mr. Oliveira continues to represent a significant threat to the safety of the public and a detention order is the necessary and appropriate Disposition with the requested variations.
Index Offence
[7]. The details of the index offence are set out in last year's Reasons for Disposition as follows:
“On April 2, 2022, a couple in Innisfil was awakened, and discovered a vehicle on fire next door. The accused was found on their front lawn holding wrenches in a threatening manner. To avoid a physical altercation, the neighbour climbed over a fence and entered his truck. The accused followed, entered the vehicle, and began assaulting him. The neighbour defended himself until another neighbour intervened and broke up the fight.
Mr. Oliveira was arrested, handcuffed, and searched following that altercation. On his person, police located a single cigarette, and a plastic cap for a bottle. Mr. Oliveira told police that the bottle for the cap was in the car, that the liquid in the bottle was flammable, and he had thrown the lighter in the driveway. His behaviour was overtly sluggish and lethargic. He was transported to Southlake Regional Health Centre in Newmarket. He informed police that he had also tried to light the house on fire. Police located a burned door mat that had also been thrown into the driveway. There were also two distinct burn marks on the bottom of the front door of the residence.”
Evidence
[8]. The evidence at the hearing was comprised of the Hospital Report dated October 17, 2025, Exhibit 1, and the testimony of Dr. Jones.
[9]. Mr. Oliveira is presently 41 years of age. He has a high school education and lived with his parents prior to the index offence.
[10]. His diagnoses include schizophrenia and substance use disorders of cannabis, stimulants, and alcohol. Mr. Oliveira was first hospitalized as a result of his mental disorder at age 32. He had at that time been non-adherent to medications and was started on a long-acting injection.
[11]. Mr. Oliveira has long term substance use of alcohol, cannabis, and drugs. The hospital reports sets out that Mr. Oliveira committed his index offence while actively psychotic and in the context of using substances and not taking psychiatric medication. At the time of the index offence, he had become noncompliant with previously prescribed psychiatric medication and was using cocaine, cannabis, and alcohol.
[12]. Mr. Oliveira was readmitted to hospital on a number of occasions throughout 2023 and 2024 by reason of his cocaine use which impacted his mental status. He was reported to exhibit worsening of his mental condition with the increasing use of cocaine prior to his December 2023 hospital admission. It was determined that readmission was the only way at that time to interrupt his use. In December 2023 he began taking medication to reduce his cravings and has remained on Naltrexone. He used privileges without relapse of substance use and was successfully moved to a TRHP apartment in Midland in 2024. He unfortunately had to return to hospital a number of times in 2024 due to a relapse of cocaine use. He appeared at that time to have some relapse of psychosis also. He advised the team when readmitted in July 2024 that he had previously deceived them regarding his use by providing stored urine samples when using cocaine.
[13]. Mr. Oliveira has expressed that the Naltrexone medication has decreased the intensity of his cravings but that he would like to stop that medication in the future as he has no cravings at this time.
[14]. The Hospital Report sets out that Mr. Oliveira remains at high risk of relapse and future substance use. If he uses in the future this will increase the risk of his symptoms of schizophrenia worsening, thereby increasing his risk to the community. It also increases his risk of criminal recidivism independent of its effect on his mental disorder.
[15]. Dr. Jones testified that Mr. Oliveira's insight into his mental health is still developing. He recognizes that he was ill in the past and expresses a wish to abstain from substances. He continues to be ambivalent with respect to ongoing use of Naltrexone to assist in his abstinence, saying at times that he can remain abstinent without it. Dr. Jones testified that she advised him to continue on this medication and he has been compliant in doing so. Mr. Oliveira is also compliant with taking his antipsychotic medication but has indicated that he would continue until he was absolutely discharged and then work with his physician to eventually discontinue that medication. Dr. Jones has explained to him her recommendation that he remain on these medications because there is a high risk of his relapse if he stops. Currently Mr. Oliveira is cooperative. He reports as requested. He has maintained abstinence since September 2024, although his insight is still developing.
[16]. It is anticipated that there will be several transitions taking place in the upcoming year. Mr. Oliveira is expected to move from his TRHP housing to his own apartment. Potentially, he could also move to live with his parents if their plan to sell their home and locate in this area takes place. At such time, if Mr. Oliveira moves into his own residence, he will have less support. He will be transitioning from the Brébeuf team to the MTST (Mobile Transition and Support Team) transition team. As per hospital protocol, Dr. Jones testified that a person, after six months successfully in the community, is transitioned to the outpatient team. This will involve a change in staff and a change in psychiatrist, but Mr. Oliveira will have the same supports that are available to him otherwise from the Brébeuf team.
[17]. Brébeuf follows a patient for six months after a move to the community and if they are stable, they are then transitioned to the TPRS team. Mr. Oliveira meets with his substance use counsellor weekly. When Dr. Jones was asked if there were any community substance use programs available, Mr. Oliveira stated that he did not want to join those groups because they are often populated by people who are still using. He prefers to remain involved with the Waypoint group where no one is using non-prescribed drugs.
[18]. Mr. Oliveira is hopeful that he might get a subsidy for independent housing, although these are limited. One potential apartment that he is considering is located across the street from the TRHP apartment. Dr. Jones testified that if Mr. Oliveira remains medication compliant and not using any drugs then his risk is well managed. However, she is not confident that he is committed to that course on a long-term basis. The treatment team was unanimous in their position that there is a real risk of relapse and that a detention order is necessary. Dr Jones reiterated that Mr. Oliveira is pleasant and cooperative in answering questions honestly.
[19]. Dr. Jones indicated that it is important that the hospital be in a position to approve his accommodation. Mr. Oliveira does not yet have an address. The TRHP worker is assisting him in looking for accommodation.
[20]. Mr. Oliveira has had a number of successful passes to visit with his parents, with the last being a week prior to the hearing. He is hoping for longer passes over Christmas so it is hoped that the Disposition, if agreed to by the Board, will be in place by that time.
[21]. Dr. Jones indicated that in her view a conditional discharge is not the appropriate Disposition. This is based on Mr. Oliveira's ambivalence with respect to his medications. If he were to relapse and become unwell, he might not cooperate in returning to the hospital. Dr. Jones indicated that the coming year will bring a number of significant changes in Mr. Oliveira's life which are stressors. Thus, considering all these factors, Dr. Jones indicated that a detention order and not a conditional discharge is necessary to manage Mr. Oliveira's risk.
Submissions
[22]. All parties maintained their initial positions at the conclusion of the hearing. Ms. Newman, on behalf of the hospital, congratulated Mr. Oliveira on his ongoing success.
[23]. Ms. Curry joined in that submission.
[24]. Ms. Whillier indicated that it is clear from the Hospital Report and the evidence that Mr. Oliveira is doing well, cooperating with the team, and abstaining from substances, all of which are paying off. He looks forward to the increased passes over the holidays.
Analysis and Conclusion
[25]. Based on the testimony of Dr. Jones and the contents of the Hospital Report, we find that Mr. Oliveira remains a significant threat to the safety of the public. His psychiatric history includes a history of psychotic symptoms stemming from his primary diagnosis of schizophrenia and exacerbated by his use of illicit substances. He committed the index offence in the context of substance use and remains at high risk of relapse. His use of cocaine in 2023 necessitated his readmission to hospital because of its negative impact on his mental state. The evidence is that drug use increases his symptoms and risk to the community. We find that these risks meet the threshold of significant threat as set out in Winko. All parties join in this finding, and we make this determination independently on the evidence.
[26]. Mr. Oliveira has had a successful year. He has improved in his cooperation with the Brébeuf team. He has maintained medication compliance and abstinence from drugs since September 2024. His insight into the need for medication is still, however, developing. He has expressed that he feels because he does not presently feel cravings for drugs that he would like to stop taking Naltrexone. He has also indicated that once absolutely discharged he hopes to have his doctor assist him in stopping his antipsychotic medication. To his credit, Mr. Oliveira is honest in his discussions with his psychiatrist, follows her advice and remains fully compliant with both of his medications at this time.
[27]. The evidence before us is that if he were to resume his drug use or be noncompliant with medication that he would destabilize, and it would increase his symptoms and risk to the public. There continues to be, in Dr. Jones’ opinion, a high risk of relapse which mandates the need for a detention order. She provided evidence that a conditional discharge is not appropriate for Mr. Oliveira at this time. He will be moving in the upcoming year and his new address is not known. Additionally, the changes in the upcoming year, including a change of his treatment team, doctor, and residence, all bring with them stressors. As a result, it is the unanimous view of his treatment team that a detention order is the necessary disposition to support Mr. Oliveira during the upcoming year.
[28]. It is recommended by the parties that; the Board grants the variations to Mr. Oliveira's disposition to increase his passes to the community to seven days which will permit him longer visits to the family home. He has successfully enjoyed five 72-hours visits this year. We also grant the variation to decrease his reporting to not less than once every two weeks. These variations recognize the progress that he is making and support his reintegration.
[29]. We make this disposition in consideration of the primary factor of protection of community safety, Mr. Olivera’s mental condition, his reintegration into the community and his other needs.
DATED this 15th day of December 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Fromstein Alternate Chairperson
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