Re: Michael Cherrin

ORB File No: 8317

Hearing held on: Monday, October 20, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

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

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. S. Lessard Dr. G. Boulais Mr. P. Hageraats Mr. R. Rainboth

Parties Appearing:

Accused: Michael Cherrin Counsel: Ms. M. Munsterman

Person in charge of hospital: Representative: Dr. J. Hwang

Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated December 9, 2025)

Introduction:

1. Michael Cherrin was tried in Court on charges of assault, assault with a weapon and possession of a weapon for a dangerous purpose, offences contrary to the Criminal Code of Canada.

2. The Court was presented with psychiatric evidence establishing that Mr. Cherrin suffered from a severe mental disorder when he committed the offence. On June 2, 2023, the Court ruled he was not criminally responsible on account of mental disorder (“NCR”).

3. Mr. Cherrin is subject to a disposition of the Ontario Review Board (“ORB” or “the Board”) dated October 2, 2024. He was ordered detained at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (“ROMHC” or “the hospital”). Mr. Cherrin was awarded privileges, including to live in the community in accommodation approved by the hospital. The disposition further prohibited him to have any contact with the victim of the index offence, subject to certain exceptions.

4. On October 20, 2025, the Board convened at the hospital to conduct a second annual review. Mr. Cherrin was present, along with his father, Robert Cherrin. The hospital case manager, Mr. Richard Robbins, also attended. Mr. Cherrin was represented by counsel, Ms. Marni Munsterman.

5. Documents were filed in evidence, including a cumulative hospital report dated September 29, 2025.

6. The issues for this hearing are whether Mr. Cherrin still represents a significant threat to the safety of the public, and, if so, to determine the disposition that is necessary and appropriate in the circumstances.

Initial Positions of the Parties

7. At the outset of the hearing, all three parties did not dispute that a significant threat remains. Subject to hearing the evidence on one issue the prohibition against contact with the victim of the index offence, the parties agreed that the current detention order should continue to apply. For the reasons set out below, the Board accepted the joint recommendation. In addition, the Board concluded that the no-contact order is no longer necessary.

Current Psychiatric Diagnoses, Hospital Report, pages 1 and 45

• Schizophrenia
• Cannabis Use Disorder, mild
• Stimulant Use Disorder, mild
• Alcohol Use Disorder, in sustained remission
• Possible Borderline-to-Low Intellectual Disability

8. The updated hospital report includes the following passage at p. 31-32:

Diagnostic Impression (per DSM-5-TR)

Mr. Cherrin continues to have residual symptoms of schizophrenia where he has delusions of thought broadcasting, in which he describes as telepathy. The intensity of these delusions has remained generally stable over the last year. In addition, he has negative symptoms of schizophrenia, such as diminished emotional expression, reduced motivation, and reduced contents of speech.

Mr. Cherrin has used stimulants and cannabis regularly over the past year. Although Mr. Cherrin does not report any negative effects from stimulant and cannabis use, past medical records indicate mood lability stemming from stimulant use. There have been no reports from his community supports about Mr. Cherrin having other symptoms of substance intoxication or withdrawal. Based on his unsuccessful efforts to manage stimulant and cannabis use and recurrent use despite knowledge of persistent psychological problems, Mr. Cherrin continues to meet diagnostic criteria for stimulant use disorder and cannabis use disorder, mild. There have been no reports or objective evidence of alcohol use in the past year and therefore alcohol use disorder is deemed as in sustained remission.

Intellectual disability remains a provisional diagnosis.

9. Mr. Cherrin is being treated with psychiatric medication:

Paliperidone palmitate 150 mg by injection every 21 days (antipsychotic)

Index Offences

10. The circumstances are set out in the hospital report and in last year’s reasons dated October 24, 2024. In summary:

On March 30, 2023, Mr. Cherrin and his then partner, Ms. M., were home at their apartment in Deep River, Ontario. They had been living together for two years. Ms. M. described that when they awoke that morning, ‘everything was fine.’ Later, when they went out to the LCBO, she noted that Mr. Cherrin was acting odd, like a child. She recognized that he had a mental illness over the previous days. She felt he had not been taking his medication.

Returning to the apartment, she went to lay down. Mr. Cherrin came into the room. He said, ‘I hear everything,’ before leaving the room and returning with a knife in his hand and then saying, ‘What can I do with this?’

He came toward her and told her to get out. He followed her out of the apartment. She began to walk faster while he was following and still holding the knife. On leaving the building, Ms. M. began to scream. She ran to a nearby bar, ‘Longshots.’ He ran behind her. Again, he was still holding the knife.

Ms. M. ran toward the Dollar King store. Mr. Cherrin caught up. He shoved her against the wall, causing her to scream and cry. A store employee pulled her in. The employee yelled at Mr. Cherrin before spraying something in his face.

Two other men came outside from a nearby gym. They were telling Mr. Cherrin to drop the knife when the local police showed up. Mr. Cherrin eventually dropped the knife after the officer instructed him. He was arrested and handcuffed.

When Mr. Cherrin was brought to the nearby police station, he spoke in private with his legal counsel, Ms. Munsterman. After speaking with counsel, he told the police officer that all was fine this day - until they went into the LCBO, when Ms. M., he claimed, ‘turned into ‘It’… a witch.’

When asked if he believed Ms. M. had turned into a witch, he said, ‘No… ‘It’ was there.’ He said that ‘It’sucked the energy out of you, that he used the knife to get ‘It’ out, so he chased ‘It’ away. Mr. Cherrin went silent went asked if ‘It’ was caught.

Background History

11. Mr. Cherrin is 38. He never married and has no children. Since his discharge from hospital on December 4, 2023, Mr. Cherrin has been living in hospital approved accommodation, the home of his father, Robert Cherrin, in Deep River. His rent is paid in part by social assistance (ODSP) and in part by his father. Apart from infrequent work, doing odd jobs and painting, Mr. Cherrin is not active in the work force.

12. When Mr. Cherrin appeared at last year’s hearing, held on September 10, 2024, the Board learned he was involved in a more recent intimate relation with a new partner. At today’s hearing, the Board learned that the new relationship had ended soon after.

13. Mr. Cherrin has some friends in the Deep River community, but he tends to spend most of his time at home watching T.V. and videos. Although he is quite skilled at house painting, as seen by the case manager, Mr. Robins, he has had very little involvement this past year.

14. The Board also learned that Mr. Cherrin has maintained limited contact with the victim of the index offence, Ms. M. Ms. M. has advised the treatment team that she is comfortable with setting her own limits on contact with Mr. Cherrin and that Mr. Cherrin has been respecting those limits. Asked specifically if she felt the need to benefit from a further protection order, Ms. M. has said it is not required.

Criminal Court Involvement

15. Mr. Cherrin’s past convictions and Court findings include:

• 2009, threats, made against his mother. He was sentenced to probation for 18 months.
• 2013, break and enter, mischief: sentenced to probation.
• 2019, mischief: probation was ordered.
• 2010, Mr. Cherrin was found NCR on charges of assault (x2), utter threat to cause death or bodily harm, forcible confinement and breach of probation. Details of the underlying facts involved his mother. These are described in the hospital report at pages 3-4.
• January 2018, the ORB granted Mr. Cherrin an absolute discharge.

Substance Use History

16. Mr. Cherrin has reported that he started drinking alcohol at age seventeen. He acknowledged having had a couple of drunken episodes, including one occurring at the time of a previous offence. In more recent years, according to Mr. Cherrin, he would drink in binge fashion (six beers and some wine).

17. Mr. Cherrin began experimenting with cannabis in his early teens. This became a regular occurrence after he was expelled from school in Grade 10. He has disclosed experimenting with cocaine and ecstasy.

18. When Mr. Cherrin was first under the ORB, he had multiple admissions to hospital due to resurgence of symptoms in the context of cannabis use and medication non-compliance.

19. Following his arrest on the March 2023 index offence, Mr. Cherrin said he was trying to quit smoking cannabis at the time. He claimed he was smoking half a joint a day (a quarter gram), while focusing mainly on CBD drops to handle his anxiety.

Psychiatric History

20. Mr. Cherrin was diagnosed with Schizophrenia from 2010 to 2018 while subject to his first set of ORB dispositions. The index offence involved violence and threats to his mother and stepfather in their home. During the protracted incident, Mr. Cherrin was in the throe of delusions quite like those expressed with the current index offence: he was yelling out to his mother, “I could kill you right now” and “You are not getting out … until I get the devil out of you”.

21. Following his discharge from the ROMHC in late September 2010, Mr. Cherrin went to live with his father in Deep River. The hospital outpatient forensic team provided regular follow-up as did the Assertive Community Treatment (“ACT”) Team based in Pembroke. A Pembroke psychiatrist, Dr. Vijay, saw him on a regular basis.

22. Between 2010 and 2013, Mr. Cherrin had several forensic hospital admissions in Ottawa. These were due largely to his repeated abuse of substances (cannabis) and his medication non-compliance. During those times, his father observed Mr. Cherrin showing paranoid behaviour, insomnia, rapidly shifting emotions, and threats of suicide. Diagnoses at that time were consistent with Chronic Paranoid Schizophrenia and Substance Abuse.

23. In January 2014, Mr. Cherrin was the subject of a second Court ordered assessment into criminal responsibility following charges of break and enter, mischief and assault. The expert opinion set out in the report concluded that Mr. Cherrin’s psychotic symptoms were adequately controlled at the time with antipsychotic medication (oral Olanzapine). Alcohol was noted to have been a major contributor to the acts of violence involved.

24. In 2016, the hospital recorded regular concern about periodic medication non-compliance and cannabis use. Information received from the father was that Mr. Cherrin was agitated, threatening, and involved in physical fights. At one point, as reported by the father, he believed his son had not been taking prescribed medication for a month.

25. Following another hospital admission, Mr. Cherrin’s prescribed medication was changed to the long-acting injectable antipsychotic medication, Invega Sustenna. By mid-November 2016, he was able to return to the father’s home.

26. On January 11, 2018, the Board granted Mr. Cherrin an absolute discharge. There had not been any hospital admissions nor any further reports of psychotic symptoms or violence since the last hospital discharge in November 2016. All parties were given to understand that Mr. Cherrin would continue with psychiatric care, including with the Pembroke-based ACT Team.

27. On March 12, 2019, the police brought Mr. Cherrin to the hospital emergency room following an altercation with his father. Mr. Cherrin had not taken his psychiatric medications for about nine months.

28. Later, in November 2022, Mr. Cherrin completely stopped filling his oral prescription for Olanzapine.

29. In May 2023, following arrest in March for the index offence, Mr. Cherrin was restarted on long-acting injectable antipsychotic medication, Invega Sustenna. He started to show more insight into his previous delusional thoughts, recognizing that his belief in witches and telepathy was related to his decline. While in custody at the Ottawa-Carleton Detention Centre (“OCDC”), he held residual beliefs about his “special abilities” involving telepathy, telekinesis and teleportation, which beliefs were being somewhat subdued by medication.

30. Still in custody at OCDC in the summer of 2023, Mr. Cherrin reported to Dr. Wood that his psychotic episode was the direct result of his previous antipsychotic oral medication, Olanzapine. According to Mr. Cherrin, he had suffered a “chemical imbalance” which could only be corrected by being off the medication for a longer time. He claimed that if he were to stop all such medications, he would be fine in four months and that his brain chemicals would rebalance themselves.

31. Despite repeated education about relapse and decompensation following discontinuation of medication, Mr. Cherrin could not think of any benefits he had gained from injectable medication. Eventually, he was prepared to say that long-acting injectable antipsychotic medication was preferable to staying in jail. He told Dr. Wood that his Schizophrenia would go away on its own and that, over the long term, he would not need medications.

32. Following his inpatient stay at the ROMHC from August 24 to December 4, 2023, Mr. Cherrin has managed to remain at the home of his father, Robert Cherrin, in Deep River, Ontario.

33. When not in jail or in hospital, Mr. Cherrin has continued to use illicit substances, including methamphetamine. In the spring and early summer of 2024, urine drug screens tested positive for cannabis and cocaine. When offered more support from addictions services, Mr. Cherrin declined all offers. He has consistently minimized his use of substances.

Recent Course, October 2024 to October 2025

34. Mr. Cherrin has continued to use cannabis and cocaine regularly throughout the current reporting year. He would only report using cannabis when directly asked and generally denied using cocaine. Urine test samples were collected weekly. Despite frequent positive results for cocaine metabolites between March and August of 2025, Mr. Cherrin would adamantly deny using cocaine.

35. Mr. Cherrin has continued to have delusions of thought broadcasting. He was taking Olanzapine when feeling increased distress. However, by June 2025, he stopped taking prescribed Olanzapine and Quetiapine. The hospital report notes the following, at page 28:

This medication non-compliance was in direct connection to his limited insight into the symptoms of his Schizophrenia. There were times when he superficially acknowledged that telepathy might be a symptom of Schizophrenia, but most times, he believed that telepathy was a special ability for him that had been recognized by others. He said the treatment team should review his legal file, which he claimed was supporting his belief. He continued to take Invega Sustenna injection every three weeks.

36. Through the current reporting year, the Pembroke ACT Team has continued to provide one-on-one support for Mr. Cherrin. They see him every one to two weeks. The team assists Mr. Cherrin to access his long-acting injection in his own community through a local pharmacy. One of the volunteers helps ensure that Mr. Cherrin attends at the local lab for his routine urine drug screens.

37. The hospital treatment team and local ACT Team have made repeated efforts offering Mr. Cherrin further support, including with addictions counselling services and vocational services. He has declined on every occasion. Mr. Cherrin is content to do very little, apart from occasionally meeting some friends. Otherwise, he spends most of the time at home.

38. While Mr. Cherrin has consistently said his main goal is to achieve stable employment, when offered support, such as connection with the vocational therapist or to help with obtaining a driver’s license, he declines.

Current Violence Risk Assessment

39. Dr. Hwang made recent use of the HCR-20-v3, structured clinical judgment instrument. Having regard to the enumerated risk factors, including historical, clinical, and dynamic risks, Dr. Hwang is of the opinion that Mr. Cherrin continues to present a moderate risk of future violence, namely any aggressive behaviours that he has exhibited in the past, specifically assault.

Evidence at the Hearing

40. The Board also received direct expert testimony from Dr. J. Hwang, Forensic Psychiatrist associated with the ROMHC. She is the author of the hospital report and continues in her role as the patient’s attending psychiatrist. Dr. Hwang provided further explanations before responding to questions.

41. More recently, with hospital approval, Mr. Cherrin was able to enjoy a successful visit to Toronto in the company of his mother as an approved person. The visit went well and saw Mr. Cherrin participate at the 90th birthday party of his grandmother.

42. On October 7, 2025, in the days leading up to the present hearing, Dr. Hwang and Mr. Robins met with Mr. Cherrin. They learned that cannabis and cocaine use continue. During their meeting, Mr. Cherrin was observed to be irritable, for which he later apologized.

43. Mr. Robins has met with the victim of the index offence, Ms. M. Dr. Hwang confirmed that Ms. M. knows who to contact if anything is needed. She is already well informed about Mr. Cherrin’s major mental illness and his legal situation. Ms. M. does not feel that a formal non-contact order has to stay in place.

44. Dr. Hwang explained that the Pembroke ACT Team has a good rapport with the hospital. They work well together at problem solving and dealing with necessary logistics. The ACT Team is well acquainted with Mr. Cherrin from their many years of working with him. They remain willing to support him. That said, Mr. Cherrin has not been easy to engage with in discussions about additional forms of therapy or counselling.

45. Mr. Cherrin continues to turn down Dr. Hwang’s recommendations that he take oral medications to further stabilize his condition.

46. Mr. Cherrin’s parents are reported to have a very good understanding of Mr. Cherrin’s serious mental illness. They know how to reach out for help if any concerns or developments arise. Mr. Cherrin’s housing with father is stable: there is no expectation that he will be going to live anywhere else.

47. Dr. Hwang was asked how Mr. Cherrin explains his continued use of cannabis. Mr. Cherrin will say that cannabis helps him relax and that he does not need anything else to help him sleep. He claims, it helps to reduce his anxiety. Mr. Cherrin does not see any connection between his ongoing irritability and his substance use or mental illness.

48. Dr. Hwang explained that with Mr. Cherrin’s limited insight, he can describe the symptoms of Schizophrenia; he will say the doctors are looking for these symptoms when they speak with him. However, according to Dr. Hwang, Mr. Cherrin is not prepared to say that he has Schizophrenia, even while he is still complying with the prescribed long-acting injectable antipsychotic.

49. Asked about the current relationship with Ms. M., Dr. Hwang and Mr. Robins understand that the relationship is amicable, as friends. In the past, it was romantic. They do not know whether the relationship might resume. Dr. Hwang is not aware of any plans that the two may have to resume cohabitation. Dr. Hwang confirmed: the hospital is not prepared to approve Ms. M.’s home as an appropriate place for Mr. Cherrin to reside.

50. Dr. Hwang was asked about indications from last year, that Mr. Cherrin was starting to show some interest in being connected with the forensic program’s psychotherapist. Dr. Hwang explained, this did not go forward. Mr. Cherrin showed no interest. Dr. Hwang explained that Mr. Cherrin is not interested in other forms of support regarding vocational therapy or getting a driver’s license, which would make him more employable. Dr. Hwang attributes this lack of motivation on Mr. Cherrin’s part to the negative symptoms of his Schizophrenia.

51. Asked about Mr. Cherrin’s insight into his use of cannabis, Dr. Hwang advised, they continue to discuss the negative influence of cannabis and the possible risk it presents to his mental stability. Dr. Hwang finds that Mr. Cherrin is not motivated to stop. The team has no actual method to have him cease cannabis use, apart from continuing to speak with him.

52. Dr. Hwang expressed concern that Mr. Cherrin’s use is escalating; this is consistent with the increased irritability they are seeing. Dr. Hwang agreed, when asked, that continued use of cannabis negatively impacts Mr. Cherrin’s reintegration into society. Things are made no easier, Dr. Hwang explained, by the fact that Mr. Cherrin does not like it when his father chooses to speak to the treatment team about his son’s substance use.

53. The parties presented no further evidence.

Submissions of the Parties

54. All three parties re-affirmed their earlier stated agreement that the issue of significant threat was not in dispute and that the existing detention order, should remain in effect.

55. Dr. Hwang commented that Mr. Cherrin has had an uneventful year. His family visit to Toronto went well. Mr. Cherrin continues to attend appointments with her as required, as he does with the case manager and the local ACT Team. He shows limited insight into the effects of substance use and about the nature of his Schizophrenia. Cannabis use remains ongoing while Mr. Cherrin appears to engage in cocaine use on a monthly basis.

56. Speaking for the Attorney-General, Ms. Dufort advised that, like the other parties, she was prepared to recommend deletion of conditions 4(d) and 4(e), that is, the non-contact order relating to the victim, Ms. M.

Conclusions and Disposition

57. Based on the evidence, and supported by the appropriate joint submission, the Board came to the unanimous conclusion that Mr. Michael Cherrin continues to present a significant threat to the safety of the public. This is based on a recent history of serious physical violence, combined with the documented history of mental illness and related past violence.

58. A detention order continues to be necessary and appropriate. Mr. Cherrin suffers from a longstanding severe mental disorder complicated greatly by his ongoing and concerning use of substances, including cannabis and cocaine. Even while Mr. Cherrin remains compliant with long-acting injectable anti-psychotic medication, he continues to experience delusions in some form. Mr. Cherrin remains at risk of acting out with serious violence to members of the public, including family members and acquaintances, to the extent of causing them serious physical and psychological harm.

59. The evidence satisfies us that the hospital requires the ability to quickly readmit Mr. Cherrin to forensic hospital care should his mental condition show signs of decline. It is also critical that the hospital retain the legal power to closely monitor and to continue to approve his place of residence.

60. As was emphasized in last year’s reasons, Mr. Cherrin’s illness is greatly complicated by his substance use disorder. He needs to stay away from all substances, including alcohol, cannabis, cocaine, and the whole host of other dangerous street drugs that remain prevalent in so many local communities, including Deep River and Pembroke.

61. Based on Mr. Cherrin’s safe conduct following his discharge from hospital in late 2023 -and considering the needs of the victim of the index offence - the Board concludes it is no longer necessary to maintain conditions 4(d) and 4(e). That protective measure can be removed from the disposition. The Board relies on the hospital team and the local ACT Team to continue to monitor, while they remain available to Ms. M. should she need to reach out at any time.

62. It is disappointing to see that, contrary to the hope expressed a year ago, Mr. Cherrin is not interested in seeking additional assistance in terms of psychological and vocational counselling. We encourage him to rethink this and to collaborate fully with all members of the treatment team. For many years, Mr. Cherrin has been well-acquainted with the resources that are available to help him progress beyond his current state of self-imposed near-house arrest within his father’s abode.

63. For these reasons, having regard to the primary safety of the public, while considering Mr. Cherrin’s mental condition, his reintegration and other needs, a detention order will issue on terms and conditions which are set out in the disposition.

64. We thank Dr. Hwang, the team members and both counsel for their assistance.

DATED this 9th day of December 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Hageraats Legal Member

__________________

Office of the Registrar

Ontario Review Board