Ontario Review Board
Re: Geno Antonio Fisher
ORB File No: 4404
Hearing held on: Wednesday, March 5, 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. J. Goldenberg
Members: Dr. W. Johnston Dr. S. Wiseman Ms. C. Murray Mr. S. Duffy
Parties Appearing:
Accused: Geno A. Fisher Counsel: Ms. J. Boissonneault
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated March 18, 2025)
1. On February 17, 2006, Geno Fisher was found not criminally responsible on account of mental disorder, on a charge of sexual assault.
2. Mr. Fisher is currently subject to a Disposition of the Ontario Review Board dated January 22, 2024, by which he was ordered to be detained within the General Forensic Service at the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) with certain privileges and prohibitions including the privilege of living in the community in approved accommodation.
3. On Wednesday, March 5, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the annual review of Mr. Fisher’s Disposition.
Position of the Parties
4. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
5. Ms. Szabo noted that the Hospital Report indicated recommending a Detention Order. In fact, Ms. Szabo advised that the hospital is recommending that Mr. Fisher be granted a Conditional Discharge including all of the prohibitions that were contained in last year’s Detention Order.
6. Ms. Szabo also advised that either today or yesterday she advised Ms. Boissonneault and Ms. MacDonald of the hospital’s new recommendation.
7. Ms. MacDonald appeared for the Attorney General. She concurred with the recommendation for a Conditional Discharge as did Ms. Boissonneault. In response to a question from the Alternate Chair, Ms. Boissonneault accepts that at the present time there is abundant evidence that her client represents a significant threat to public safety as that term is used in the jurisprudence.
Index Offence:
8. “On November 25, 2005, Mr. Fisher approached a young girl as she was walking in an area behind a store. He grabbed her in the crotch area. He then ran through the alley and across the street to a residence where he was apprehended by the police.”
Evidence at Hearing:
9. The Board admitted into evidence the Hospital Report dated February 25, 2025. The Hospital Report provides a great deal of information concerning Mr. Fisher, his personal history, his mental health history, details of the index offence and Mr. Fisher’s course in hospital and in the community subsequent to the date of the original NCR finding. As the Hospital Report was made an exhibit in this hearing it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
10. We do note, however, the stated diagnoses of:
Schizophrenia
Substance Abuse Disorder (synthetic) cannabis; moderate severity; in sustained remission in a controlled environment)
Other Specified Paraphilic Disorder (hebephilia and coercive preference without current associated behaviours)
11. In addition to the documentary evidence the Board heard from Dr. Pallandi. Dr. Pallandi noted that his patient has had a very good and successful year. His patient moved into a residence known as the Halsey Lodge, which is located on Lake Drive in Jackson’s Point, Ontario. Mr. Fisher moved to that residence in February 2024 and he has done very well. He remains compliant with his medication. He has abstained from the use of substances and in Dr. Pallandi’s opinion Mr. Fisher is internally motivated to continue with his medication. The doctor does not see the necessity of the Board including a 672.55 clause.
12. The doctor explained the rationale for a Conditional Discharge at this time. The clinical team had been concerned with Mr. Fisher’s stated opinion of wanting to move somewhere in the Whitby/Oshawa location. Once Mr. Fisher agreed to move to Halsey Lodge and given how successful that transition has been the doctor and the clinical team are satisfied that a Detention Order is no longer necessary. The doctor stated his opinion that Mr. Fisher would return to hospital voluntarily and accordingly, there is no need for a take treatment requirement. In the doctor’s opinion, there clearly is a need to specify to continue living at Halsey Lodge.
13. In response to questions from Ms. Boissonneault, Dr. Pallandi repeated that his patient is fully compliant with medication. He is being treated with a long-acting injectable medication and the doctor agreed further that Mr. Fisher’s illness is clearly in remission.
14. The doctor puts it that this particular housing “meets all of Mr. Fisher’s needs”.
15. Ms. Boissonneault drew the doctor’s attention to paragraph 37 of last year’s Reasons which “encouraged” the clinical team to make efforts to secure additional DSO funding. Dr. Pallandi was not certain whether efforts were in fact made but does recall that there was some impediment to making such an application. It is an issue that Dr. Pallandi and the clinical team can review and attempt to resolve.
16. Ms. Boissonneault also, in response to a question from a panel member, noted a reference in the Hospital Report on page 11 with a conclusion that “his overall cognitive functioning was assessed to be in the borderline range” and in Ms. Boissonneault’s opinion that finding would justify seeking additional funding from DSO.
17. No other evidence was heard at this hearing.
Findings of the Board:
18. At the conclusion of the evidence the parties were again canvassed. All parties confirmed the joint recommendation, namely, that Mr. Fisher remains a significant threat to public safety and that the necessary and appropriate Disposition is for Mr. Fisher to be discharged subject to a number of conditions.
19. The Board has no hesitation in accepting the parties’ joint recommendation.
20. The Board also accepts the evidence of Dr. Pallandi and the evidence contained in the Hospital Report. We accept that Mr. Fisher remains a significant threat to public safety and we further accept that his threat to public safety can now be managed with a Conditional Discharge. We did learn during the hearing that there are a number of Ontario Shores patients living at Halsey Lodge and that results in members of the hospital clinical team being at Halsey Lodge approximately three times per week. We also heard in evidence that Mr. Fisher provided random samples of his urine approximately weekly and all samples were negative for the use of substances. We also accept the doctor’s evidence that were Mr. Fisher asked to come to hospital. Mr. Fisher would readily agree to do so.
21. In the result, we will issue a Conditional Discharge as suggested by the hospital and agreed to by the Crown and Ms. Boissonneault.
22. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Fisher’s mental condition and his other needs, and Mr. Fisher’s reintegration into society.
DATED this 18th day of March, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board