Ontario Review Board
Re: Xiuhao Xu
ORB File No: 8696
Hearing held on: Wednesday, February 12, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal
Members: Dr. P.L. Darby Dr. T. Stirpe Mr. J. Weinstein Mr. J. Cyr
Parties Appearing:
Accused: Xiuhao Xu Counsel: Mr. T. Whillier
The person in charge of hospital: Representative: Dr. E. Coleman
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated March 27, 2025)
Introduction
Xiuhao Xu, age 50, was found unfit to stand trial on December 16, 2024, on charges of break and enter a dwelling house and utter threat to cause death, contrary to the Criminal Code. On February 12, 2025, Ms. Xu appeared before the Ontario Review Board (the “Board”) for her initial hearing and to inquire into fitness to stand trial, from the Ontario Shores Centre for Mental Health Sciences (the “hospital”).
Ms. Xu is diagnosed with Unspecified Schizophrenic Spectrum and Other Psychotic Disorder.
The Board had before it as Exhibit 1 the initial Hospital Report dated February 5, 2025. Exhibit 2 was the criminal record entered by Crown counsel at the hearing. The significance of the record was that it set out that several criminal charges in 2014 that related to virtually identical conduct repeated in 2024 was dealt with by way of a peace bond. The Board also had the benefit of the Criminal Court file that included a transcript, a Victim Impact Statement, and prior assessments.
In preliminary positions, the hospital indicated that Ms. Xu remained unfit to stand trial and that a Detention Order with limited conditions should result. Crown counsel agreed but wished the addition of a clause prohibiting contact with the victim or his family and non-attendance at the victim’s house. The hospital agreed to the inclusion of same. Mr. T. Whillier, on behalf of Ms. Xu, indicated that he was not able to secure meaningful instructions. A Cantonese interpreter was present and assisted somewhat at the outset of the hearing until Mr. Whillier informed the Board that his client did not require such services as she was comfortable in English.
Index Offence
On September 14, 2024, police received a call of an unwanted visitor at 61 Jaffray Road, Markham. The victim, Mr. Lianfa Ye, who lives there, said that Ms. Xu, who had owned the home 15 years ago, was banging on the front door and refusing to leave. Ms. Xu had forced her way through the mesh door and was in the vestibule area and refused to leave. Police arrived and located Ms. Xu nearby. Police requested Ms. Xu to stop multiple times but Ms. Xu did not listen. Eventually, Ms. Xu was arrested. When officers spoke to the victim, he indicated that Ms. Xu had said “I know that there are adults and you in this house. If they come outside, I'm going to kill them.” Mr. Ye indicated Ms. Xu used to own the residence and keeps coming back thinking she still owns it. Mr. Ye wanted to press charges. Ms. Xu was taken to the Markham Stouffville Hospital and placed on a Form 1 under the Mental Health Act. Officers wanted to release Ms. Xu but she refused to attend the court date, so she was held for a bail hearing. On September 26, 2024, Ms. Xu refused to attend a telehealth fitness interview. On September 30, Ms. Xu was brought to Ontario Shores from jail for a fitness assessment. On October 15, Ms. Xu received a 60-day assessment order. On December 16, Ms. Xu was found unfit to stand trial and put over for her initial Board hearing.
Ms. Xu was on a long-acting injection of antipsychotic medication following the 2014 incident but soon stopped her medication. There is no history of alcohol or substance consumption.
Ms. Xu was born in China. She immigrated to Canada with her infant daughter and husband. Her daughter is 25. Her son is 17. She is separated from her husband. The house that she believes she still owns was sold in 2010. Ms. Xu has a longstanding belief that the house was not fully paid for.
Ms. Xu lives with her daughter in a condominium in Markham.
Her husband reports that Ms. Xu has long had paranoid and persecutory thoughts believing others are trying to kill her or poison her. According to him, there are chronic auditory hallucinations. She often responds to internal stimuli.
Evidence at Hearing
Dr. E. Coleman, the patient’s psychiatrist, testified. Ms. Xu has been given zuclopenthixol, the medicine that she had responded well to in 2014.
Upon entering hospital Ms. Xu was initially hostile and displayed aggressive behaviour but things have settled down following administration of the medication.
Ms. Xu continues to have delusional ideas regarding home ownership. Ms. Xu’s husband had agreed to be a substitute decision maker but in recent weeks he has been impossible to reach. Accordingly, the Public Guardian and Trustee became the SDM. That permitted a change of medication to Invega Sustenna which began the day before the hearing.
During a recent fitness instruction session Ms. Xu tried to leave the unit by following some construction workers out of the unit. It has been incredibly difficult to assess the patient. Dr. Coleman wants a brain MRI to rule out physical concerns.
Ms. Xu has no personal supports. Her family has not wanted to see her. There is no approved person. Ms. Xu has no insight into her jeopardy or her treatment. Ms. Xu does go along with receiving medications.
If in the community, there is a continued risk to the victim. Ms. Xu still thinks she owns her former home.
Ms. Xu is a risk to go AWOL. She is extremely guarded.
Ms. Xu has no understanding of court or the role of the various court actors. She refuses to accept information regarding fitness education despite numerous and continued efforts in that regard. Ms. Xu has no insight into her legal status or to her Board status. On one occasion she offered the doctor money to allow her to leave hospital. She indicates she has done nothing wrong, and the police reports are lies.
There have not been any violent incidents once she settled down in hospital. Early on, she raised her fist at staff in anger.
There is no history of the use of weapons.
During the hearing, Ms. Xu appeared distracted, often changing seats or interrupting.
Final submissions mirrored opening submissions. The hospital was content that Ms. Xu be in the Forensic Service. Crown counsel requested a weapons prohibition.
Reasons
At this juncture, Ms. Xu is clearly unfit to stand trial. She has no appreciation of the jeopardy she faces or what the court process entails. Equally, she does not comprehend the function of the Board. For now, she is refusing to receive fitness instruction despite repeated efforts that will continue. She is preoccupied with getting out of the hospital. Her delusionary belief relating to owning a long-sold home is very strong. Ms. Xu would have difficulty following a proceeding, participating in it or giving her counsel instruction. She is unfit to stand trial.
She does represent a continuing risk to the community given the likelihood that she would stop her medication and treatment and persist in following up on her delusion.
To protect the public, the Board also finds it necessary to provide that she does not communicate directly or indirectly with Mr. Lianfa Ye, or any member of his family and that Ms. Xu does not attend within 200 meters of 61 Jaffray Road, Markham. As noted by the doctor, there is no history of resort to weapons. Accordingly, the Board did not impose a weapons prohibition.
DATED this 27th day of March 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board