Ontario Review Board
Re: Ari Da Costa
ORB File No: 7541
Hearing held on: Friday, November 28, 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: Mr. G. Beasley Members: Dr. S. Chatterjee Dr. M. Kalia Mr. R. Bigelow Ms. R. MacIntyre
Parties Appearing: Accused: Ari Da Costa Counsel: Ms. J. Hansell
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated December 30, 2025)
Introduction
On May 13, 2019, the accused, Ari Da Costa, was found not criminally responsible on account of mental disorder on a charge of first-degree murder, contrary to the Criminal Code of Canada. By reason of a Disposition of the Ontario Review Board (“ORB”) dated December 9, 2024, Mr. Da Costa was ordered to be detained within the General Forensic Unit at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) with privileges up to and including residing in the community in supervised accommodation approved by the person in charge.
On November 28, 2025, the ORB convened a hearing at Ontario Shores for the purpose of the annual review of Mr. Da Costa’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Da Costa was in attendance and represented by counsel, Ms. Hansell. Dr. Dow appeared as counsel for the hospital and Ms. MacDonald as counsel for the Attorney General of Ontario.
Index Offence
- The circumstances of the index offence as taken from the Hospital Report are as follows:
“On December 18, 2015, Mr. Da Costa called 911. He stated that he needed paramedics and police, that he had struck his father in the head with a hammer, and he believed that his father was dead. Mr. Da Costa was found covered in blood and he was arrested. His father, Richard Da Costa, was found dead in the basement, with a hammer beside him.
Mr. Da Costa stated that he had attempted suicide the night before and that he tried to electrocute himself using a cell phone and a laptop computer in the bathtub. Mr. Da Costa stated that he then decided to kill his father, after having thought about it for six months. He reported that he had hidden a hammer in couch cushions. He knew that striking his father on the head would kill him. He stated that he hit his father from behind, while his father was carrying a television.”
Criminal History
- Mr. Da Costa did not have any convictions for criminal offences prior to the index offence. Following the index offence he incurred two criminal charges, both of which ended with a stay of proceedings.
Current Diagnoses
- Mr. Da Costa’s current diagnoses as taken from the Hospital Report are as follows:
Schizophrenia
Cannabis Use Disorder, in remission
Alcohol Use Disorder, in remission
Background and Personal History
The Hospital Report contains detailed information concerning Mr. Da Costa, his personal history, his mental health history, further details of the index offence (including his self-report) and Mr. Da Costa’s course in hospital subsequent to the date of the NCR finding. As the Hospital Report was entered into evidence, this information need not be fully summarized for the purpose of these Reasons.
Briefly stated, Mr. Da Costa is 30 years old, single, with no children. At the time of the index offence, he was 20 years old and living with his grandmother. He was born in Toronto and has one brother, five years his senior. He described a happy childhood but admitted to suffering from mood problems, gender identity issues and having bad thoughts in his mid- teens, which impacted his interpersonal functioning. He admitted to using marijuana and drinking alcohol heavily at times throughout his adolescence.
Mr. Da Costa stated that he eventually discontinued marijuana use because of its impact on his schooling. He was not passing his grades at Humber College as he left class “to get high all the time.” He stated that cannabis also “…agitated the voices.” Mr. Da Costa reported also having experimented with MDMA, using it twice at age 18.
Mr. Da Costa reported that he did not feel he had a problem with his alcohol consumption. He said that while generally he felt both relaxed and confident under the influence of alcohol, he could also feel more angry or aggressive. Once, he punched a wall and hurt his hand while under the influence. He said that alcohol never interfered with his work or school trajectories, and it never caused any relationship problems. He reported that he never drove while impaired.
Mr. Da Costa finished high school and attended Humber College, studying fitness and health promotion. He stated that he enjoyed his classes, but he did not want to put in as much effort as was required. He also acknowledged missing many classes because, as he stated, “I was too preoccupied with getting high.” He left Humber College after failing half of his courses, in his first semester and he did not return to school afterwards. He has a limited employment history. He reported that he eventually lacked the motivation to work and lived off credit cards and his parents’ support. He reportedly ran up a $2,000.00 credit card debt from the purchase of alcohol.
Psychiatric History
Mr. Da Costa has had five documented contacts with mental health services prior to the index offence. Four of these occurred within the year prior to the offence. His first such contact occurred in 2012, when at the age of 16 he attended at Mackenzie Health, reporting anxiety and obsessive thoughts. He was concerned that people were judging and watching him, and he found it difficult to walk down the hallways at school. He recognized that these thoughts were likely not based in reality. He was prescribed sertraline.
Having reportedly discontinued his sertraline medication the year before, Mr. Da Costa attended Mackenzie Health in February of 2015 in relation to reported difficulties with depression, dissociation, and identity difficulties. He had two brief hospital admissions in August and September of 2015, respectively, after overdosing on sertraline. He was reportedly drinking alcohol daily during this period.
On December 1, 2015, Mr. Da Costa agreed to attend the Canadian Mental Health Association’s (CMHA) Early Psychosis Program. He reported paranoid symptoms, including messages from the television and people reading his mind. He consistently reported that he did not enjoy living with his parents but refused to elaborate. He met with an Occupational Therapist at the Program on December 14, 2015, apparently in an organized and cooperative fashion. The index offence occurred four days later.
Position of the Parties
At the outset of the hearing, Mr. Dow submitted that Mr. Da Costa continues to represent a significant threat to the safety of the public but that the risk to public safety can be managed under a Conditional Discharge with the terms as set out in the Hospital Report.
Ms. MacDonald supported the recommendations of the hospital.
Ms. Hansell also supported the recommendation of the hospital but sought an extension of the clause permitting international travel to allow Mr. Da Costa passes of up to 30 days.
Evidence
The evidence on behalf of the hospital was presented by Dr. Wang. He stated that he became Mr. Da Costa’s attending psychiatrist in August of 2025. He is the author of the Hospital Report which was filed as an exhibit. By way of update, Dr. Wang stated that since the preparation of the report, Mr. Da Costa has now moved to using the lockbox at his residence for medication distribution seven days a week. In other words, he is now 100 percent managing his own medication compliance. Dr. Wang also stated that he is in the process of reviewing Mr. Da Costa’s capacity to consent to treatment under the Health Care Consent Act and it is likely that he will be making a finding that Mr. Da Costa is capable to consent to treatment. In reviewing the past reporting year, Dr. Wang stated that although he has only known Mr. Da Costa for about three months, in his opinion it has been a good year for Mr. Da Costa. He has done well in the community and there have been no issues with his supported residence at Ballantyne House. He continues to work four days a week and is given LOA passes on weekends which he tends to spend with his mother. Dr. Wang said that Mr. Da Costa’s symptoms are nearly completely in remission.
Dr. Wang stated that in his opinion Mr. Da Costa continues to represent a significant threat to the safety of the public. He specifically adopted the risk analysis outlined on page 35 of the Hospital Report.
Mr. Dow asked Dr. Wang about the recommendation of the treatment team for a Conditional Discharge. Dr. Wang stated that this reflected the good progress which Mr. Da Costa had made throughout the past reporting year. He stated that in his opinion the risk factors are controlled and that the provisions of the Mental Health Act (MHA) would be adequate to manage the risk to the safety of the public in the community. Mr. Da Costa has advised the treatment team that, if necessary, he would return to the hospital voluntarily. Dr. Wang stated that housing is a key issue in managing Mr. Da Costa’s risk. He has now been at the high support home at Ballantyne House for approximately one year. In the treatment team’s opinion, Mr. Da Costa no longer requires the high level of support provided at Ballantyne House and will be able to be managed in a less supportive residence. Having said that, the treatment team do not believe that Mr. Da Costa is ready for a move to fully independent living as this would represent an unnecessary risk enhancing step. Dr. Wang said that the next move will be to housing operated by Durham Mental Health Services in a less supervised home.
Mr. Dow asked Dr. Wang about Mr. Da Costa’s request for 30-day passes to travel internationally. Dr. Wang stated that Mr. Da Costa has successfully completed some passes and has consistently stated that he wishes to be able to travel internationally, specifically to Thailand to compete in mixed martial arts training and competitions. Dr. Wang said that the treatment team would not have any objection to a 30-day limit on his travel. If a trip were requested but not approved, Dr. Wang did not believe that this would cause a conflict between Mr. Da Costa and the treatment team. He stated that although Mr. Da Costa would likely be disappointed, he would understand.
When asked about the treatment team’s plan for Mr. Da Costa, Dr. Wang stated that the goal is to support Mr. Da Costa as he moves towards more independent living. The team will encourage him to continue to take advantage of available passes from the hospital. He will also be encouraged to maintain his compliance with his medication and his employment. In summary, Dr. Wang stated that the goal will be to “maintain his trajectory.”
In response to questions from Ms. MacDonald, Dr. Wang agreed that if Mr. Da Costa were found to be capable to consent to his own treatment, he could discontinue taking his antipsychotic medications. Dr. Wang stated that he has explored this possibility with Mr. Da Costa who has stated that he has no desire to stop taking his medication. He is aware that clozapine has helped him. Dr. Wang stated that Mr. Da Costa has not complained to him about side effects or memory issues arising from his medication. When asked about the proposed passes to allow travel outside of Ontario for up to 30 days, Dr. Wang stated that Mr. Da Costa had demonstrated an ability to manage his medications on shorter trips, which have been up to seven days in the past reporting year. He said that the treatment team would like to see more intermediate-length trips on a stepwise basis before considering the full 30 days requested. Dr. Wang stated that Mr. Da Costa has a robust insight into the difficulties which substance use, including alcohol, have caused for him in the past. Dr. Wang testified that Mr. Da Costa is internally motivated to abstain from substance use.
In response to questions from Ms. Hansell, Dr. Wang agreed that Mr. Da Costa had used a pass to travel to British Columbia in the summer of 2025. He also makes use of indirectly supervised passes to travel to his mother’s home on weekends. There has been no indication of substance use while Mr. Da Costa has been on approved trips. Dr. Wang agreed that the team would like to see an incremental increase in the length of the trips. He further agreed that it was possible that Mr. Da Costa would be eligible for a 30-day trip within the next reporting year. With respect to his residence, Dr. Wang stated that Mr. Da Costa does not need the level of supervision at Ballantyne House. He remains there while he is waiting for a bed in a less supervised Durham Mental Health Services home. There have been no issues with violence or threats at his current residence. There have been no command hallucinations bothering Mr. Da Costa. He is aware of the symptoms of his major mental illness. Dr. Wang said that Mr. Da Costa’s insight has improved over the course of the past year. There have been no breaches of his abstinence condition.
Dr. Wang agreed that Mr. Da Costa has a good relationship with the treatment team and has been open to disclosing issues with them and seeking help. With respect to the necessity of the blood tests associated with his clozapine medication, Dr. Wang stated that this could be managed in the event of a lengthy pass.
A member of the Board asked Dr. Wang about the length of time it might take Mr. Da Costa to decompensate if he were to stop taking his daily dose of antipsychotic medication. Dr. Wang stated that he did not know but that it would be a concern. When asked if he were to guess, Dr. Wang stated he thought it would be a matter of weeks. Mr. Da Costa has not requested any change in his medication within the past year. When asked if the treatment team were recommending the international travel or not opposing it, Dr. Wang stated it was the latter, not opposing. Dr. Wang stated that Mr. Da Costa had not discussed with him the timeline of a proposed trip to Thailand. Dr. Wang also stated that he had not discussed with Mr. Da Costa the possibility that his mother, who is an approved person, would accompany him on any proposed travel to Asia. He stated that it was possible that a proposed trip of that length, which was entirely indirectly supervised, would not be approved. It would be preferrable to have an approved person, i.e., his mother, on the trip with him.
Dr. Wang stated that within the provisions of the proposed residence term at Durham Mental Health Services, it is implicit that there will be some level of supervision in whatever home Mr. Da Costa is ultimately transitioned to. He stated that Durham Mental Health Services and the CMHA will work with the treatment team in finding suitable accommodation for Mr. Da Costa in the upcoming reporting year. Dr. Wang agreed that Mr. Da Costa may be referred for focused memory testing to clarify the nature and extent of his difficulties in this area. The results may assist the treating clinician in tailoring interventions more effectively. With respect to the proposed travel clause, Dr. Wang agreed that it was quite a significant step from the current Disposition which allowed seven-day travel with an approved person in Canada to a 30-day international travel indirectly supervised.
In response to a question in re-examination by Ms. Hansell, Dr. Wang stated that it was not absolutely necessary that the international pass be with an approved person but certainly preferable. Dr. Wang stated that the original recommendation for a 14-day international travel pass was written as a “reasonable outer limit”.
Neither Ms. MacDonald nor Ms. Hansell called evidence at the hearing.
Submissions
Mr. Dow relied upon the submission made at the outset of the hearing that the necessary and appropriate Disposition was a Conditional Discharge with the terms as outlined in the Hospital Report. With respect to the requested amendment to the length of the travel passes, Mr. Dow stated that the hospital was not taking a position and he invited the Board to consider the evidence of Dr. Wang.
Ms. MacDonald also supported the initial recommendation of the hospital as submitted by Mr. Dow. However, Ms. MacDonald submitted that an international travel term of up to 30 days should include a requirement that it be on an itinerary approved by the person in charge and that Mr. Da Costa be accompanied by an approved person.
Ms. Hansell limited her submissions to the proposed clause allowing international travel. She submitted that the clause must allow the maximum liberty that is necessary and appropriate. Mr. Da Costa’s liberty should only be limited to that which is necessary to protect the public. Ms. Hansell submitted that at some point in time it is necessary to “take the training wheels off.”
Analysis and Disposition
Both at the outset of the hearing and in closing submissions, all parties submitted that Mr. Da Costa continues to represent a significant threat to the safety of the public. The Board is required to make a finding of significant threat as defined in s. 672.5401 before considering the necessary and appropriate Disposition. The Board is unanimous in accepting the joint submission of the parties on the issue of significant threat as well supported by the evidence of Dr. Wang and the evidence of the Hospital Report. Mr. Da Costa is considered to be in the low to moderate range when considering a Conditional Discharge. As set out in the clinical assessment of risk, Mr. Da Costa’s risk for violence flows primarily from his underlying major mental illness, which, when active and under treated, has led to very serious violence. He continues to have some residual symptoms of auditory hallucinations, but these do not cause significant distress or impairment at this time. Most relevant to Mr. Da Costa’s future risk for violence are potential problems related to place of residence, compliance with treatment and supervision and the impact of stress on his wellbeing. Mr. Da Costa has demonstrated success in moving to Ballantyne House in November of 2024 and there have been no difficulties with that transition. However, this has occurred in the context of a highly monitored and supported living environment. As Mr. Da Costa moves to more independent living, his risk of stressors caused by financial responsibilities, employment and substance use may exacerbate residual symptoms of psychosis leasing to violent behaviour. It is noted that Mr. Da Costa has historically coped with psychosocial stressors through substance use. The Board acknowledges the successes which Mr. Da Costa has demonstrated throughout the past reporting year but finds that he continues to represent a significant threat to the safety of the public.
The parties presented a joint submission that the necessary and appropriate Disposition is that of a Conditional Discharge. The Board accepts the evidence of Dr. Wang and the contents of the Hospital Report as justification for this joint submission. As set out above, Mr. Da Costa has enjoyed a successful year at the more highly supervised structure provided by Ballantyne House. There have been no difficulties from his time at that residence. He has been successful in remaining abstinent from substances and is essentially employed on a full-time basis. Mr. Da Costa has enjoyed passes to the community which he spends primarily with his mother, who is an approved person. As set out in the Hospital Report, Mr. Da Costa was able to travel to British Columbia for a seven-day trip in the summer.
The recommendation in the Hospital Report included the opportunity for travel outside of Ontario on an itinerary approved by the person in charge for a period up to 14 days. In her opening submission, Ms. Hansell requested that Mr. Da Costa be permitted to travel outside of Canada for a period not exceeding 30 days on an itinerary approved by the person in charge. In her closing submissions, Ms. Hansell submitted that it was open to the Board to craft a Disposition which might require Mr. Da Costa to travel initially with an approved person, but that he could be permitted further indirectly supervised absence at some point in time during an extended international trip. In his submissions, Mr. Dow took no position with respect to the requested amendment to the hospital recommendation and relied upon the evidence of Dr. Wang. Ms. MacDonald did not oppose the proposed 30-day international travel but submitted that it should be in the company of an approved person.
In the course of his evidence, Dr. Wang was asked if it was not a significant step from a seven-day pass within Canada with an approved person to a 30-day pass internationally indirectly supervised. He agreed that it was. Dr. Wang further testified that the treatment team would like to see some shorter “intermediate length” trips prior to considering such an extended absence. Dr. Wang also agreed that it would be “preferrable” if any contemplated international trip be in the company of an approved person. As set out above, the Board is unanimous in accepting that Mr. Da Costa represents a significant threat to the safety of the public. As submitted by Ms. MacDonald, this includes “the safety of the public everywhere.” The Board acknowledges Ms. Hansell’s submission that the terms of any Disposition must be not only necessary and appropriate but at the same time, the least onerous and least restrictive. The Board finds that the evidence at the hearing is not clear, cogent, and compelling that Mr. Da Costa should be provided the opportunity to travel internationally while indirectly supervised. The Board finds that the evidence of Dr. Wang, when considered in its totality, supports international travel on an itinerary approved by the person in charge while accompanied by an approved person for a period not exceeding 14 days.
DATED this 30^th^ day of December 2025, at the City of Toronto, in the Region of Toronto.
Mr. G. Beasley Alternate Chairperson
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Office of the Registrar Ontario Review Board