Ontario Review Board
Re: Gianni J. Rizzo
ORB File No: 5960
Hearing held on: Wednesday, January 8, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Hageraats Members: Dr. S. Lessard Dr. G. Glancy Mr. P. Capelle Mr. M. Hajek
Parties Appearing: Accused: Gianni J. Rizzo Counsel: Ms. K. Reid Person in charge of hospital: Representative: Dr. F. Wood Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated: March 17, 2025)
Introduction
On September 19th, 2011, the accused, Gianni J. Rizzo,, was found not criminally responsible (NCR) on two charges of uttering death threats and one count of breach of probation, all contrary to the Criminal Code of Canada (the Criminal Code).
On January 8th, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Royal Ottawa Mental Health Centre (“ROMHC”) to conduct Mr. Rizzo’s annual review hearing. Mr. Rizzo attended his hearing and was represented by his counsel, Ms. Karen Reid. A hospital report dated January 6th, 2025 was entered as Exhibit No. 1.
Without Prejudice Position of the Parties:
- Dr. Wood recommended no changes to the current detention disposition. Ms. Dufort, on behalf of the Attorney-General, indicated that she was generally ad idem but would inquire if the region of Calabria rather than Italy in its entirety should be specified in sub-paragraph 2(h). Ms. Reid, on behalf of Mr. Rizzo, indicated she was in agreement with the hospital’s position. The hearing therefore essentially proceeded by way of a joint position.
Current Diagnoses
Schizophrenia – in partial remission
Cannabis Use Disorder – in sustained remission
Index Offences:
- The circumstances of the index offences are as follows:
“On June 9, 2010 the accused assaulted the CEO of the Royal Ottawa Hospital. From that charge, he was given a suspended sentence and a probation order with conditions including (but not limited to) keep the peace and be of good behaviour.
On the 4th of July 2011, the accused called the Ottawa Police Mental Health Unit and spoke with Det. Stephane Quesnel. The accused sounded very angry and unstable. With no pauses to catch his breath, he told Det. Quesnel that at his next appointment with Dr. Labelle (Wednesday July 5th), he would shoot his doctor. He stated that if Det. Quesnel was there (or any police officer), he would disarm the officer, shoot the officer, shoot his doctor and shoot anyone else around. The accused believes that Dr. Labelle is and has been poisoning him for 15 years.”
Evidence at the Hearing:
The Board admitted into evidence the Hospital Report dated January 6th, 2025 as Exhibit 1. The document provides a great deal of information concerning Mr. Rizzo’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequence to the index offences. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.
Dr. Wood gave evidence on behalf of the hospital. He indicated that there had been no major events over the past reporting year. Mr. Rizzo continues to reside at home and there have been no further hospitalizations. Administration of his medications is supervised each night by a member of the ACT Team. Due to Mr. Rizzo’s consistent Clozapine levels he has only been asked to come to hospital once per month for blood testing which is a reduction from the previous once weekly.
There was no trip to Italy in this past year although Mr. Rizzo still desires to travel there accompanied by a family member. Therefore, a travel pass provision is still considered necessary. While in Italy there may be day trips outside the region of Calabria. Nonetheless he would be with a cousin (the same cousin referenced in last year’s Reasons for Disposition) and the hospital intends to update emergency resources and ensure Mr. Rizzo can continue to access the treatment team by Zoom to oversee medication administration on a daily basis.
A panel member inquired if there was an increased risk that Mr. Rizzo would fall away from his prescribed medications while in Italy. Dr. Wood responded that this was discussed with the aforementioned cousin, that Mr. Rizzo travel with an emergency prescription and could attend at a hospital in Calabria if required. Dr. Wood opined that if Mr. Rizzo fell away from his prescribed medications, decompensation could occur within the week.
Another panel inquired if there was a risk of elopement from Italy. The Doctor responded that that was unlikely as all of Mr. Rizzo’s resources and support systems as well as his family are in the Ottawa area. Further, there is no prior history of elopement.
As Mr. Rizzo has been largely stable over the past year, a renewal of the current detention disposition is deemed appropriate. To Mr. Rizzo’s credit, further distancing from the hospital, which includes nightly observation of medication from his ACT Team, a reduced need to meet with Dr. Wood and less frequent Clozapine level testing have occurred. Additionally, Mr. Rizzo has further engaged with the ACT Team which includes meetings with the ACT Team psychiatrist. Dr. Wood added that due to Mr. Rizzo’s increased involvement with the ACT Team, most of his outpatient forensic team contact has been with their social worker.
In response to a question from Ms. Reid, Dr. Wood indicated that there have been no current issues with the upstairs’ neighbours of his residence.
Dr. Wood was asked if there was a need to restrict subparagraph 2(g) to Ontario given the current 250-kilometre radius which would allow Mr. Rizzo to, both travel to and enter the province of Québec as well as the United States. Dr. Wood replied that he had no concerns in this regard as his patient has not attempted to do so in the past 15 years.
Closing Observations
Ms. Dufort submitted that in the event 2(g) was changed to restrict Mr. Rizzo’s travel within Ontario, then subparagraph 2(e) should reference and include Ottawa/Gatineau.
With regard to her initial position regarding the restriction to Calabria as set out in paragraph 2(h), Ms. Dufort conceded that 2(h) could be expressed as simply travel to Italy.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Rizzo continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Rizzo continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Wood that Mr. Rizzo continues to pose a significant threat. The Board also relies on the Hospital Report and the Risk Assessment contained therein in determining that Mr. Rizzo suffers from Schizophrenia; a major mental illness, that in the past has been complicated by Cannabis Use Disorder.
The Board specifically relies on Dr. Wood’s Risk Management finding at page 93 of the Hospital Report which mirrors his opinion from the previous reporting year:
The main factors that raise his risk of violence is the ongoing presence of a major mental illness, repeated history of noncompliance with medications, previous history with supervision response, and his history of substance abuse.
The Board therefore accepts that absent an ORB Disposition, Mr. Rizzo would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Rizzo will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Rizzo continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Rizzo’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Rizzo provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Rizzo needs the Board had some concerns as to compliance with oral psychotropic medications if he were to travel to Italy for up to two weeks. This was triggered by Dr. Wood’s evidence that in the event of non-compliance, decompensation could occur within a week. However, whenever tested this reporting year, Mr. Rizzo’s clozapine blood levels have remained consistent which is indicative of ongoing compliance. Further, Mr. Rizzo will be accompanied by his cousin and the hospital intends to update emergency resources prior to any approved travel and will take measures to ensure the treatment team can oversee daily treatment compliance via Zoom. Additionally, Mr. Rizzo will travel with an emergency prescription and if required, could attend at an Italian hospital as required.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Rizzo poses to the safety of the public while still meeting his needs, is a Detention Disposition with privileges as set out in the Without Prejudice Position of the Parties section of these Reasons for Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Wood and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Rizzo’s mental condition, his reintegration into society and other needs.
DATED this 17th day of March 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Legal Member
Office of the Registrar Ontario Review Board