Ontario Review Board
Re: Lucas Kopperson
ORB File No: 7933
Hearing held on: Monday, February 3, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley Members: Dr. S. Lessard Dr. L. Leong Mr. P. Capelle Mr. A. Bouvier
Parties Appearing:
Accused: Lucas Kopperson Counsel: Ms. A. Szigeti
The Person in charge of Hospital: Representative: Dr. S. Chatterjee
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated March 20, 2025)
Introduction
On August 26, 2021, Mr. Lucas Kopperson was found not criminally responsible on account of mental disorder on a charge of criminal harassment, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Kopperson is currently subject to a Disposition of the Ontario Review Board (the "Board") dated February 15, 2024, detaining him at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (“CAMH”), with privileges up to living in the community in accommodation approved by the person in charge.
On February 3, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Kopperson was in attendance and was represented by his counsel, Ms. Szigeti.
Without Prejudice Position of the Parties
Dr. Chatterjee, on behalf of the hospital, recommended no change to the patient’s disposition. This was joined by both the Crown and Mr. Kopperson’s counsel such that the hearing proceeded by way of a joint position that was maintained throughout the hearing.
Background and Index Offences
Mr. Kopperson was born in Toronto in 1990. When he was six, his parents separated. He lived mainly with his mother but saw his father on weekends. He had a history of running away.
His education ended partway through grade 12. His work experience includes cooking at restaurants and telemarketing. For many years, he relied on financial help from his parents. He was in a 10-year relationship with a woman, and they have two children who live with their mother.
The Hospital Report shows his mental health issues began around age 18. When his parents visited him in Vancouver, they saw concerning changes in his behavior. He was fixated on police and expressed paranoid thoughts about authorities conspiring against people.
He suddenly moved back to Ontario to live with his former partner. During this time, he drank heavily and couldn't maintain steady employment. His behaviour became erratic.
Starting in 2016, his mental health severely declined. He alternated between prison and homelessness. During visits with his parents, he showed paranoid and bizarre behavior, including speaking in different accents and acting as different personalities. His parents observed that he couldn't distinguish reality from fantasy. He was using alcohol and drugs. Conversations with him were difficult as he focused on conspiracy theories and lacked awareness of his mental health condition.
The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“Mr. Kopperson faces a number of offences including harassment, mischief, and failure to comply with probation orders. The facts surrounding these offences are outlined in the Hospital Report.
In summary, Mr. Kopperson would break into his neighbour’s residence at various hours of the day and night. On another occasion, he damaged the neighbour’s window and entered the unit. When the neighbours became aware of his presence in the unit, Mr. Kopperson fled the scene, but he was subsequently apprehended.”
Current Diagnoses
Schizophrenia,
Substance Use Disorder,
Query Alcohol Use Disorder,
Evidence at Hearing
Dr. Chatterjee is Mr. Kopperson’s treating psychiatrist. She testified that Mr. Kopperson was transferred to a CAMH general unit from a secure forensic unit on October 17, 2024. He had been in that secure unit from the time of his admission in September 2023.
In the past reporting year, Mr. Kopperson has actively participated in programming and volunteering. This includes working at the Trinity Church café and taking cooking classes offered by the George Brown College at CAMH.
Dr. Chatterjee noted that Mr. Kopperson was nervous about today’s hearing. He struggles with coming to terms with his illness but has nevertheless remained medication compliant. The doctor foresees next steps involving transition to the community. The treatment team is looking at mental health supported housing that monitors both medication compliance and a patient’s mental state.
The ongoing presence of significant threat continues on the basis of
the index offence that caused psychological harm,
ongoing psychosis and
a history of substance use.
These risks are currently managed with medication compliance and abstinence. Dr. Chatterjee added that a conditional discharge is premature as approved accommodation will be required and the provisions of the Mental Health Act are insufficient to proactively identify a future deterioration of Mr. Kopperson’s mental state.
Mr. Kopperson is on the cusp of being granted recreational passes indirectly supervised which constitutes level 8 of the 9 privilege levels at CAMH.
Responding to questions from Ms. Szigeti, Dr. Chatterjee confirmed that placement in transitional housing allows for continued day-to-day to monitoring of Mr. Kopperson’s mental state. Discharge planning has in fact begun. Mr. Kopperson is on a call-out for appropriate community housing. Dr. Chatterjee added that Mr. Kopperson will not require 24/7 supervised housing and may not even require onsite supervision. As a result, a wide range of housing options are available for him. It is anticipated that he will be discharged during the upcoming reporting year.
Responding to questions from the panel, Dr. Chatterjee advised that her patient’s 2023 ORB hearing was adjourned due to acute decompensation being experienced by Mr. Kopperson. At that juncture, he was found treatment incapable and remains so to this day.
Closing Observations
Dr. Chatterjee advised that as there is a joint position and no changes are recommended. She congratulated Mr. Kopperson on a good year. Mr. Coughlan echoed the doctor’s observations. Ms. Szigeti emphasized that discharge in the coming year is likely and noted that Mr. Kopperson’s involvement in the George Brown cooking program is an excellent step forward for him.
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. Kopperson 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. Kopperson 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. Chatterjee that Mr. Kopperson continues to pose a significant threat. The Board also relies on the Hospital Report and the Risk Assessment contained therein.
Dr. Chatterjee in the course of her testimony summarized her rationale as why she believes Mr. Kopperson remains a significant threat to public safety. Under the heading Composite Assessment of Risk, found at page 25 of the Hospital Report the doctor further indicates:
Absent a disposition of the ORB Mr. Kopperson would not be subject to assertive treatment and monitoring and thus it would be likely that he would re-offend, should he discontinue medication or return to substance use.
The Board therefore accepts that absent an ORB Disposition, Mr. Kopperson 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. Kopperson 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. Kopperson 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. Kopperson’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Kopperson provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
In considering Mr. Kopperson needs, the Board was attentive to Dr. Chatterjee’s uncontroverted expert evidence that a conditional discharge is premature. A Detention Disposition:
remains necessary to approve Mr. Kopperson’s accommodation; and
the provisions of the Mental Health Act are insufficient to proactively identify a future deterioration of Mr. Kopperson’s mental state, necessary to have him returned to a hospital for assessment and possible admission.
To his credit, Mr. Kopperson is on the verge of reaching the 8th of CAMH’s nine privilege levels. This will allow him to be accorded indirectly supervised. recreational passes.
Reflective of Mr. Kopperson’s progress during the past reporting year, his discharge planning has already begun. He has been placed on a call-out list for appropriate community housing with an expectation that he will be discharged to the community within the next 12 months. Dr. Chatterjee’s level of confidence vis-à-vis discharge is buttressed by the fact that Mr. Kopperson is unlikely to require a residence with on-site, let alone 24/7, supervision.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Kopperson poses to the safety of the public while still meeting his needs, is a renewal of his current Detention Disposition, absent any changes.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Chatterjee 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. Kopperson ’s mental condition, his reintegration into society and other needs.
DATED this 20th 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