Ontario Review Board
Re: Mr. Syna Lorn
ORB File No. 7254
Hearing Date: January 29, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton
Pursuant to: ss. 672.81(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. J. Weinstein
Members: Dr. R. Buckingham
Dr. L. O. Lightfoot
Ms. B. Little
Mr. K. McKenna
Parties Appearing:
Accused: Mr. Syna Lorn Counsel: Mr. M. Schloss
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. A. Lepchuk
REASONS FOR DISPOSITION
(Dated March 25, 2025)
Introduction
Mr. Lorn was found not criminally responsible (NCR) on October 20, 2017, for the criminal code offences of assault with a weapon and failure to comply with probation (x2).
He is currently subject to a detention order under a Disposition dated February 12, 2024, with privileges that extend to passes for up to 7 days to enter the community of Hamilton, indirectly supervised, and living in the community in accommodation approved by the person in charge.
A panel of the Ontario Review Board (the panel) convened this annual hearing on January 29, 2025, at St. Joseph’s Healthcare, Hamilton, West 5th Campus, to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Lorn was present.
At the commencement of the hearing, the Hospital advised the panel that it was recommending a continuation of the current detention order. It was further recommending that paragraphs 2(e), (f), and (g) in the current Disposition be amended to read Southern Ontario rather than community of Hamilton.
Counsel for the Attorney-General and counsel for Mr. Lorn supported the recommendations of the Hospital.
After considering the evidence, the panel concluded that Mr. Lorn is a significant threat to the safety of the public, and that a detention order is necessary and appropriate. The panel also agreed with the changes to the terms as suggested by the Hospital.
Index Offence
- The following facts relate to the index offence.
"Syna Lorn is currently on Probation, entered into on August 17th, 2016 with Justice Culver, and is required to abide by the following conditions: "abstain from owning, possessing or carrying any weapon as defined in CC. Not to possess any knives, save and except for prep and consumption of food and keep the peace and be of good behaviour."
[JK] and Syna Lorn are roommates at 115 Victoria Avenue South, City of Hamilton, a rooming house.
On February 27th 2017 at 12:15 am, Police were called for an assault on [JK] by Lorn. At approximately 12:20 am, [JK] returned to the room after having a cigarette to find Lorn playing loud music. When [JK] told him to turn it down, Lorn began to speak of voodoo and called [JK] the devil. [JK] sat in his bed and when he went to leave for another cigarette, Lorn picked up [JK]'s samurai sword and struck him multiple times about the back of his head. [JK] went downstairs. Staff contacted EMS and Police. Police located Lorn standing nosed up against a corner in the residence. Police observed the silver and black handle and sheath of a sword secured in his jacket. At 12:51 am, Police conducted a gunpoint arrest of Lorn for Assault with a Weapon. Lorn complied with Officers instructions and was arrested without incident. After being advised of his RTC and Caution, Lorn made numerous utterances that the victim was "the middle devil" and that he assaulted him "for Jesus Christ."
Lorn was escorted to a cruiser where he told police his name as 'Cena' Lorn born 1985/11/21. Police were able to confirm his identity as Syna Lorn.
Lorn was advised he was also being charged with failure to comply probation x2.
While in the cruiser, Lorn made utterances. About the victim, he stated, "he was trying to kill me. He had all the weapons. I work for the police". He said, "I've got the bad guy. The government sends me here to these places. I'm Canadian intelligence. Survival of the fittest. That's what I do.” He stated he had stolen the sword from the victim, as the victim had it to harm him. [JK] was treated by Dr. Greenwald for four large lacerations on the back of his head which required stitches. [JK] was advised to attend Station 10 forensics to have his injuries photographed.
SOCO attended and photographed and processed the scene."
Evidence
The evidence at this hearing consisted of the Hospital Report (the Report) dated January 6, 2025, and the testimony of Dr. Kolawole
The Report was prepared for this hearing and contains a detailed review of Mr. Lorn’s personal and mental health history.
Mr. Lorn was born in Thailand and came to Canada with his family in 1987. He has 3 siblings.
He did not complete High School, and has a limited employment history. He attended Glendale High School for grades 9 and 10, and then quit because of substance use and a desire to make money. He is single with no dependents, and has been financially supported by ODSP since 2011.
Mr. Lorn has a history of substance use since the age of 12.
He has a criminal record commencing in 2004, with convictions for, drive over 80, aggravated assault and assault with a weapon, for which he received a concurrent penitentiary sentence, possession of a weapon for dangerous purpose, possession of a schedule 1 substance (cocaine), fail to comply with both a probation order and a recognizance.
The Report indicates that Mr. Lorn was first hospitalized for psychiatric care in 2007. He has since been hospitalized on several occasions, frequently after being charged with a criminal offence. The following examples illustrate his mental condition at the time of admission; he was brought to St. Joseph’s by police after grabbing a knife to defend himself against demons in May 2014. He was described as psychotic and his behaviour as bizarre. In May 2015, he was brought by police to an emergency department after bizarre, threatening behaviour. He was paranoid and expressing grandiose delusions. At that time, he was discharged to a lodging home with outpatient follow-up care in the community. It is also noted in the Report that Mr. Lorn has been the subject of 7 community treatment orders over the years.
In or around 2002, Mr. Lorn sought treatment from his family physician for auditory hallucinations and paranoia.
He is diagnosed with schizophrenia, polysubstance use disorder (cannabis, stimulants) and antisocial personality traits.
He is capable to consent to treatment and to manage his finances.
Mr. Lorn was transferred from Waterfall 3 to Orchard 3 on September 19, 2024.
Clinically, Mr. Lorn has remained generally stable. He has not been a management problem, but can become defensive and irritable when rules are enforced or limits are set regarding problematic behaviour. There have been no episodes of acute psychosis, although he continues to endorse some grandiose ideas stating that he is a criminologist, and that he could trap good energy in his right hand.
There has been no aggressive behaviour this past year.
He has been adherent with his prescribed medication, and will often request PRN medication to assist him managing when he is feeling “on edge,” or becoming irritable. He reports feeling down at times, and the need to block emotions. He expresses frustration with his length of stay in the hospital.
Mr. Lorn continues to abuse substances, and he states an ambivalence to substance use. He will acknowledge that substance use has held him back from progressing, but then minimize the consequences of using substances. His insight into the harmful effect of substances on his mental health is limited. He often reports to the staff that he has smoked cannabis on recent passes.
Mr. Lorn predominantly uses indirect hospital passes throughout the day. He was working at the patient run café in the hospital, but in early January of this year the business laid off Mr. Lorn and a number of patients for restructuring of the business. Mr. Lorn is now looking for employment in the community. His current level of privileges includes level 4, indirectly supervised into the community for up to 4 hours, 2 times weekly, and level 4 accompanied by staff or approved person for up to 8 hours, 2 times weekly.
In May 2024, Mr. Lorn was accepted into the Transitional Employment and Mentoring Program at Goodwill Amity. He participated for 1 week. He expressed a dissatisfaction with the experience and the other participants. The program lead confirmed that the participants had varying levels of functioning, and the program was not suitable for Mr. Lorn. His skills exceeded the skill level of the other participants.
Mr. Lorn has been highly engaged in Occupational Therapy services, and has participated in all the groups that have been offered to him.
A community living assessment was conducted, and Mr. Lorn scored low in several areas such as, financial management, health and safety, transportation and social adjustment. It was recommended that Mr. Lorn be discharged to highly supervised housing.
Mr. Lorn’s parents and his sister are approved persons. The passes with them have all gone well, but the family was not comfortable with the suggestion of overnight visits. They would like to see a longer period of stability and abstinence from substances before approving extended passes.
Dr. Kolawole testified at this hearing in his capacity as the treating psychiatrist for Mr. Lorn. He began treating Mr. Lorn in September 2024, when Mr. Lorn was transferred to Orchard 3.
Dr. Kolawole advised the hearing that soon after Mr. Lorn was transferred to Orchard 3 the medication was changed from risperidone, an injection every 2 weeks, to paliperidone, an injection every month. The change in medication has gone well.
Dr. Kolawole also indicated that Mr. Lorn has done very well since his transfer to Orchard 3. Dr. Kolawole has seen an improvement in Mr. Lorn’s mental health, and particularly, an improvement in his insight into the nature and quality of his mental disorder, and the benefits of medication. Importantly, Mr. Lorn’s insight into the use of substances and the potential impact of substance use on his mental health has also been improving. Since his transfer to Orchard 3, his privileges have been increasing. He now has extended indirectly supervised passes into the community. There were 2 relapses into substance use in November but nothing since. In Dr. Kolawole’s opinion, Mr. Lorn is now more focused and motivated to abstain from substances.
Dr. Kolawole indicated that Mr. Lorn’s mood has not fluctuated since his transfer to Orchard 3, which may be partly attributable to the introduction of a mood stabilizer. Typically, Mr. Lorn would report feeling on edge and a bit irritable and labile prior to his next injection. He has advised staff that with the mood stabilizer these symptoms have lessened in their severity.
Dr. Kolawole testified that in this upcoming year the staff would like to see Mr. Lorn secure part-time employment in the community. The staff would also continue to provide support with his motivation to abstain from substance use. Dr. Kolawole believes that Mr. Lorn will benefit from more time in the community and more time with his family, with a view to Mr. Lorn living in the community when a residence becomes available.
The Hospital is recommending that the geographical limits set out in paragraphs 2 (e), (f) and (g) be expanded to Southern Ontario as a reflection of the progress Mr. Lorn has made. This change would allow Mr. Lorn to travel to various cities, either by himself or with family.
Counsel for the Attorney-General asked Dr. Kolawole if the diagnosis of antisocial personality traits is still valid. Dr. Kolawole indicated that this diagnosis is under review, but that it should not be removed at this time.
Dr. Kolawole further advised the hearing that Mr. Lorn has become more appreciative of the impact substance use can have on his mental health. He has been involved in a number of relapse prevention programs in the past, and it is anticipated he will take further programs in the future.
Mr. Lorn is on several waitlists for housing, and the hospital is hoping a residence becomes available for him in the upcoming year.
Dr. Kolawole responded to a question from the panel by indicating the he believes Mr. Lorn requires housing that is supervised. The supervision ranges from 12 hours on site to 24 hours, and the Hospital believes it is important to have the flexibility to determine the appropriate level of supervision necessary when the housing becomes available.
Submissions
- At the conclusion of the hearing, the parties maintained their recommendation for a continuation of the detention order with the changes suggested by the Hospital.
Analysis
After considering the evidence, the panel accepts that Mr. Lorn remains a significant threat to the safety of the public, and that a detention order is necessary and appropriate.
He has demonstrated significant improvement with his insight into the harmful effects of substances. Since his move to the Orchard 3 unit in September, there have only been 2 relapses which he self-reported. He is described as pleasant with staff and adherent to his medication. There have been no recent behavioural issues, and Mr. Lorn is exercising extensive community passes indirectly supervised without difficulty.
He suffers from schizophrenia, and has had a substance use problem since the age of 12. Although he has made improvements in his understanding of the detrimental effects substance use has on his mental health, he still periodically consumes substances.
Mr. Lorn has a violent history, which includes criminal convictions for aggravated assault and assault with a weapon, for which he received a penitentiary sentence.
He also has a history of numerous admissions to hospital for psychiatric treatment beginning in 2007. The evidence is that at the time of many of these admissions Mr. Lorn was psychotic, experiencing paranoia, delusions, and bizarre threatening behaviour.
The panel accepts the evidence that Mr. Lorn will require some level of supervision when he is discharged to live in the community. It is, therefore, necessary for the Hospital to approve his accommodation, and have the ability to return him to the hospital rapidly if necessary.
Mr. Lorn has improved to such an extent that the recommended changes to Paragraphs 2 (e), (f), and (g), permitting passes to Southern Ontario, rather than Hamilton, is appropriate.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
Dated this 25th day of March 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
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Office of the Registrar
Ontario Review Board