Re: Mohan J. Patel, 2025 CanLII 15865

Re: Mohan J. Patel

ORB File No: 7640

Hearing held on: Tuesday, January 14, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences

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

Before:

Alternate Chairperson: Mr. C. MacIntyre, K.C. Members: Dr. K. Patel Dr. W. Loza Ms. C. Murray Mr. S. Duffy

Parties Appearing:

Accused: Mohan J. Patel Counsel: Mr. A. Rastgou

The person in charge of hospital: Counsel: Ms. J. Szabo

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated February 25, 2025)

Introduction

1On November 15, 2019, Mohan Patel was found not criminally responsible on account of mental disorder on a charge of mischief - endangering life, contrary to the Criminal Code.

2Mr. Patel is subject to an Ontario Review Board disposition of January 17, 2024, which detains him on the General Forensic Service of the Ontario Shores Centre for Mental Health Sciences with privileges up to and including to live in the community in accommodation approved by the person in charge.

3On January 14, 2025, the Ontario Review Board convened at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) to conduct Mr. Patel’s annual review and to make a disposition further to s. 672.81(1) of the Criminal Code.

4The parties presented their preliminary positions. It was a joint submission that Mr. Patel remains a significant threat to the safety of the public and that there be no change in his current disposition and terms.

Index Offence

5The description of the index offence as taken from the hospital report was summarized in last year’s Reasons as follows:

"On April 20, 2019 Mr. Mohan Patel attended a Petro Canada gas station in the City of Peterborough. At this time, a woman was filling her truck with gasoline. Mr. Patel approached her from behind and lit a lighter near the opening of her fuel hole. The area was engulfed in flames causing the truck to catch fire. Mr. Patel then took the fuel hose out of the tank and began spraying gas on the truck and in the direction of Ms. Roth. Mr. Patel inserted the hose back inside the fuel hole before lying down under the flames setting himself on fire. Witnesses in the area put out the fire on the truck and on Patel.

Peterborough Police officers attended and investigated the incident. Subsequently, Mr. Patel was arrested for Mischief Endangering Life, two counts of Mischief over $5000 and arson – disregard for human life.”

Background

6Mr. Patel was born in India, 40 years ago, and came to Canada in 2013.

7Mr. Patel reports that he had difficulty knowing how to talk properly and paying attention in school as a child and was treated badly by his father as a result. When he was 13 or 14 years of age his uncle adopted him and when his two brothers and two sisters immigrated to the United States Mr. Patel joined them. He considers them his adopted family who continue to remain supportive.

8While living in the United States he met his wife who resided in Toronto. They married in 2009. He joined his wife in Canada but they divorced in 2014.

9Mr. Patel’s brother indicated that Mr. Patel was diagnosed with bipolar disorder while living in Delaware, United States. It is reported he was smoking marijuana at the time.

10When Mr. Patel was admitted to the Etobicoke General Hospital in September of 2014, he reported he used alcohol occasionally and had been using marijuana on a daily basis since he had separated from his wife two months before. He cited a past history of abusing cocaine and PCP but had not used them for some years.

11Intoxication by alcohol appears to have been a catalyst in the separation from his wife. She wanted to divorce him due to his alcoholism. On June 29, 2014, while Mr. Patel and his wife were living in her father’s home, an argument ensued over his intoxication and Mr. Patel became violent with his father-in-law and wife. On October 17, 2014, while intoxicated, he got in an altercation with a night manager at a Comfort Inn in Toronto. This included threatening and assaulting the night manager. He was convicted of assault causing bodily harm, assault and failing to comply with a recognizance and fail to attend court.

12The hospital report records three psychiatric admissions prior to the index offence, the last one being at the Peterborough Regional Health Centre one month prior to the index offence. He was diagnosed with “probable social anxiety disorder.”

13Following the index offence and prior to his NCR finding he was admitted to the Sunnybrook Health Sciences Centre after an attempt to set himself on fire. During this period of hospitalization there was difficulty in determining a diagnosis.

14Later at the Peterborough Regional Health Centre his discharge diagnoses were mood disorder, bipolar mood disorder with psychotic features, rule out cannabis induced psychosis and “history of cannabis abuse/dependence.”

15At last year’s Review Board hearing, the Review Board heard evidence that Mr. Patel had been free of active psychotic symptoms and was on a waitlist for housing in a 24/7 supervised residence. He continued to receive antipsychotic medication; however, these were at a low dose, unusually so for someone with his mental illness.

16The evidence provided by Dr. Wong emphasized that Mr. Patel required structure, supervision, and support. He cautioned that as any decompensation in Mr. Patel’s mental state would be a gradual one, it would be difficult to identify the early signs of psychosis.

17Mr. Patel’s current diagnoses are:

Substance-Induced Psychotic Disorder (Cannabis and possibly Dextromethorphan (i.e., cough syrup))

Schizophrenia Spectrum and Other Psychotic Disorder

Substance Use Disorders (Alcohol, Cannabis, Dextromethorphan, PCP, Rule Out Prescription Stimulants, in sustained remission, in a controlled environment)

Malingering

Rule Out Cluster B Personality Traits

Evidence

18Dr. Wong continues to be Mr. Patel’s treating psychiatrist. Mr. Patel continues to reside on the hospital’s general forensic unit pending a community placement in a 24-hour supervised group home operated by the Durham Mental Health Services.

19Dr. Wong testified that since Mr. Patel’s good engagement with staff, his regular use of passes and showing strong independent living skills, the hospital’s focus has now moved to TRHP housing. This is subsidized independent apartment living with housing staff visiting twice a day. He was put on their waitlist and he is number 2 on that list. Dr. Wong expects that he will soon move to number 1, with the likelihood that he could move to TRHP housing within the coming year, perhaps within six to nine months. The TRHP home is a transitional home and is not expected to be a permanent placement. Its occupants are expected to move to more independent living

20At the end of 2023, Mr. Patel requested a reduction in his medication. At the same time, he agreed with the hospital that the hospital could reduce this gradually. In the past when his medication had been reduced, his mental health deteriorated and the antipsychotic had to be increased again.

21Currently, the medication although reduced, was not reduced to as low a dose as on the prior occasion and for the past 12 months his mental state has remained stable. Unlike previous years, his privileges have been utilized without incident and his engagement and activities in programming have improved dramatically and his general demeanour has become more pleasant and cordial.

22Included in the risk factors associated with Mr. Patel, is a significant substance use history. Dr. Wong is confident that this risk can be managed while Mr. Patel lives in the community.

23Mr. Patel’s diagnoses include malingering. Dr. Wong explains that this is a more historical diagnosis and signs of this, such as feigning or exaggerating symptoms, have not been observed by the hospital team. Nonetheless, Dr. Wong wishes to retain that in the diagnoses as a “flag” to be available in future assessments.

Decision

24The Board agrees with the joint submission of the parties that Mr. Patel remains a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of his current disposition order. The Board relies on the risk factors outlined in the hospital report including Mr. Patel’s history of violence, his severe substance use history and vulnerability to becoming psychotic and/or aggressive when intoxicated and even today he has only partial insight into his illness and need for adherence to medication.

25Mr. Patel has made positive gains, particularly in the past reporting year. It is expected that he will move to TRHP housing in the coming year and he will be supervised mainly by an outpatient psychiatric team. Dr. Wong has testified that Mr. Patel has not been motivated to, for example, seek employment while he has been detained in hospital. He describes Mr. Patel as having an element of rigidity in this area. There is hope that his motivation will improve at the same time as he is living in the community.