Re: Varinder Singh
ORB File No: 8170
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: Varinder Singh
Counsel: Mr. P. Hiebert
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
On October 13, 2022, Varinder Singh was found not criminally responsible on account of mental disorder on a charge of sexual assault, contrary to the Criminal Code.
Mr. Singh is currently subject to an Ontario Review Board disposition of January 18, 2024, which ordered him to be discharged subject to conditions including that he refrains from contact with the victim of the index offence.
On January 14, 2025, the Ontario Review Board convened at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) to conduct Mr. Singh’s annual review and to make a disposition further to s. 672.81(1) of the Criminal Code.
At the outset of the hearing the parties presented their preliminary positions. All agreed that Mr. Singh remained a significant threat to the safety of the public and that there be a repeat of his existing conditional discharge disposition with no change in the terms. Additionally, all parties agreed that in the circumstances of Mr. Singh’s immigration status, a six-month review of his disposition would be in order.
Index Offence
A Hospital Report of December 24, 2024, was entered as an exhibit to this hearing. It contains a description of the index offence, summarized as follows: On July 2, 2021, the accused, Varinder Singh resided in a rented home in Kitchener, Ontario with male roommates including the victim, Muhammad Saleem. At about 5:35 p.m., the accused entered Mr. Saleem’s room without invitation and placed his hand on top of Mr. Saleem’s underwear, grabbed his penis and then using his other hand to spread Mr. Saleem’s buttocks and to feel around his anus. Mr. Saleem screamed and tried to free himself from the accused’s grasp. Mr. Saleem eventually freed himself and ran downstairs to seek help from another roommate. They ran to another unit in the building and called police. When the officers arrived they approached the accused’s bedroom and saw him lying on his bed naked from the waist down with his eyes closed. He was not responsive to their commands. He was placed under arrest and charged with sexual assault and failure to comply with undertaking.
The latter failing to comply charge related to a previous charge against the accused when on May 15, 2019, he was charged with obtaining sex services from someone under 18 and luring a person under 18. He was released from his arrest with a condition that if he changed his address he would register this with the Durham Regional Police station within 24 hours of the change.
At the time of the above-noted index offence the accused had moved to the Balsam Avenue address in the City of Waterloo without notifying the Waterloo Regional Police.
Background
The hospital report of December 24, 2024, should be referred to for detail regarding Mr. Singh’s personal, criminal, and psychiatric background. Up to the time of the index offence Mr. Singh’s criminal record consisted only of a conviction for the lesser and included offence of communication for the purpose of prostitution, as per the May 15, 2019, charges referred to above. At last year’s annual review, the Board panel was advised that Mr. Singh was appealing that conviction.
Mr. Singh’s mental health issues seemed to begin in 2016. His family noted him to become more religious and religiously demanding of his mother. Mr. Singh advised his family that he was seeing an image of a man in the backseat of his car. He was an Uber driver at the time. Mr. Singh has related that he began having visual hallucinations in June of 2018 about being stalked by vampires, all of this occurring in the months leading up to the index offence. Other bizarre behaviours were noted by friends.
There is no history of Mr. Singh using substances and there is no record of any psychiatric contact prior to the index offence. Mr. Singh is now 34 years old. He immigrated to Canada on a student visa in 2015. He obtained a Bachelor of Arts degree in engineering in 2013 in India and obtained an electronics and communication diploma from Durham College in 2018 and an engineering technology diploma from Durham College in 2020. Shortly after obtaining his degree, he began working full-time in the Kitchener/Waterloo Region.
Mr. Singh acknowledges that until he began working full time he was financially stressed, bearing the obligation to pay back his family members who had loaned him money to immigrate to Canada and to obtain his education.
After his arrest, Mr. Singh was released to live in the community subject to conditions and a requirement that he report to St. Joseph's Hospital. Mr. Singh’s first disposition by the Ontario Review Board ordered him detained at Ontario Shores with community living privileges. He continued to live in the community and in general complied with the conditions of his disposition throughout.
Mr. Singh is subject to a deportation order of the Canadian Border Services Agency as a result of his criminal conviction on the aforementioned May 2019 charges. He wishes to remain in Canada and is taking whatever legal steps he can to obtain approval to remain in Canada including an appeal of that conviction.
Evidence at Hearing
The Board was brought up to date on Mr. Singh’s immigration status. He is still subject to the deportation order. The Board was advised that a jury trial took place which resulted in Mr. Singh being found guilty of “communicate for the purpose of sexual services.” Mr. Singh is appealing that conviction and if he is successful, presumably the deportation order will be vacated.
In the meantime, as he is subject to a deportation order, he could be taken into custody and deported either under a conditional discharge or an absolute discharge.
It appears that notwithstanding his current immigration issues and the lapsing of his work permit, he has been allowed to work until a decision is made on his work visa, expected some time in 2025. He is required to check in with Canadian Border Services Agency and update the local police of any change in his address. Mr. Singh has been cooperative in this regard and has managed to work on a full-time basis in Port Perry, Ontario and supports himself financially.
Dr. Pallandi explains that Mr. Singh has not been provided with Ontario Hospital Insurance Plan coverage. As a result, he has to pay for his medical expenses including his antipsychotic medication which is and will be a strain on him financially.
Indeed, the uncertainties of his immigration status and being able to maintain a work permit and obtain health care coverage (which includes access to community psychiatric care) has had an effect on Mr. Singh who has been subject to a great deal of stress. This stress will likely not end until his deportation issues are resolved.
This is a significant risk concern. The hospital report states:
“The factors that continue to be of concern with respect to Mr. Singh, and his risk and risk management include his uncertain immigration status, his uncertain work permit status, he is not having provincial coverage for healthcare and therefore not having access to psychiatric follow-up in the event of an Absolute Discharge.
He has continued to have minor fluctuation in his mental state; however, these have not been particularly significant and he has responded appropriately by seeking additional assistance and/or adjusting his dose of antipsychotic medication.
It is the relative uncertainty concerning these factors and their contribution to his potential instability, on a backdrop of two occurrences of sexual offending, that leads the clinical team to opine that Mr. Singh’s risk is in the low-moderate range.
At this juncture, while he has done very well subject to our current supervision and continues to make gains, we are of the opinion that his risk continues to be above the threshold of significance.”
The hospital’s position is that in the context of an absolute discharge Mr. Singh’s risk for sexual violence is low and risk of general violence is low. However, maintaining this is contingent on continued risk management strategies, including having community-based support, and particularly a community psychiatrist along with other therapeutic support.
Based on the above, it is the joint submission that a continuation of Mr. Singh’s conditional discharge is appropriate.
Decision
Dr. Pallandi testified that the hospital is trying to resolve Mr. Singh’s OHIP coverage. It is not clear why he is unable to get this. He has a community psychiatrist at the Lakeridge Health Clinic, a Dr. Ojiegbe, who, as a private clinician, would normally be paid through Ontario hospital insurance. As this doctor is not being paid now, therefore Mr. Singh does not have ready access to her.
Mr. Singh is quite vulnerable as a person living in the community. The fact that he is appealing his earlier conviction likely influences the immigration authorities in giving him latitude by allowing him to work and remain out of custody until his Appeal is decided.
The hospital sees his situation as a significant stressor and one that requires oversight which can only be provided by the hospital at this time as there is no community-based support available.
The Board agrees with the joint submission of the parties that Mr. Singh represents a significant threat to the safety of the public and that the necessary and appropriate disposition should be a conditional discharge with the same terms and conditions as his current discharge.
In all the circumstances the Board finds support for the joint submission but for the proposal that there be a six-month review.
There is no certain date provided for when Mr. Singh’s Appeal will be heard nor any idea how long it will take for Canada’s immigration services to lift the deportation order should Mr. Singh be successful. The Board concludes that it is more sensible for the hospital or Mr. Singh to apply for an early hearing to discuss his status before the Ontario Review Board once there is a conclusion to his Appeal to the Ontario Court of Appeal and to his application before the Immigration Appeals Board.
DATED this 25th day of February, 2025, at the City of Toronto, in the Toronto Region.
Mr. C. MacIntyre, K.C.
Alternate Chairperson