Re: Sosriwin Sritharan
ORB File No: 8868/8684
Hearing held on: Thursday, January 23, 2025
Place of hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Hageraats
Members: Dr. R. Kunjukrishnan
Dr. R. Cormier
Mr. D. D’Intino
Mr. A. Bouvier
Parties Appearing:
Accused: Sosriwin Sritharan
Counsel: Ms. K. Dossetor
The person in charge of hospital: Representative: Dr. F. Wood
Attorney General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated March 24, 2025)
Introduction
On November 22, 2024, Mr. Sosriwin Sritharan was found not criminally responsible on account of mental disorder on a charge of criminal harassment, contrary to s. 264(3) of the Criminal Code of Canada.
On December 11, 2024, the accused was further found not criminally responsible on account of mental disorder on two charges of assault simpliciter, contrary to s. 266 of the Code, two counts of assault with a weapon, contrary to s. 267(a) of the Code and break and enter (dwelling) contrary to s. 348(1)(a) of the Code.
In both cases, the Court declined to make a Disposition order pursuant to 672.43 and deferred that Disposition to the Ontario Review Board pursuant to s. 672.47, with a hearing before the Board to commence within 45 days.
On January 23, 2025, the Board convened an initial hearing at the Royal Ottawa Mental Health Center, pursuant to s. 672.81(1) of the Code to determine whether Mr. Sritharan poses a significant threat to the safety of the public and if so, to determine necessary and appropriate Disposition in the circumstances.
Current Psychiatric Diagnoses:
- Schizophrenia; Unspecified Trauma- and Stressor-Related Disorder Cannabis, Alcohol, and Hallucinogen Use Disorder – in forced remission
Index Offences:
- The details of the index offences are extracted from the Ottawa Police Service Charge Sheet synopses, which state as follows:
Criminal Harassment
“The accused, Sosriwin SRITHARAN met the victim in August of 2022 through a mutual friend within the Sri Lankan community, in which they played on a volleyball team together. SRITHARAN and the victim hung out twice during that summer, one time playing chess at Hog's back and the other with a group of friends as the victim felt uneasy from their time alone playing chess.
The victim distanced herself from the accused and states that in October of 2022 the accused escalated his behaviour by calling and texting her numerous times. During one of the phone calls the victim explained that the accused was yelling at her and using profane language such as "fuck you, I hate you" and would then quickly switch to remorse saying, "You are such a different girl".
The victim continued to try and distance herself but continued to receive text messages and phone calls from the accused until she told the accused in August of 2023 that she no longer wanted him to contact her.
On January 14th, 2024, the accused contacted the victim by text message and apologized for his behaviour and the victim explained that she no longer wanted any communication going forward.
On February 5th, 2024, the accused attended the victim's residence, blasting music from his vehicle, and knocked on the door asking to speak with the victim. He was advised by the grandfather that she was not home, and he left.
On February 6th, 2024, the accused contacted the victim again by text message asking to see her. He stated that he was not going to leave Ottawa until he saw her. Later in the day she received another text message from the accused stating he will come see her in a bit. That evening at approximately 18:30 hours the accused attended the victim's residence and
rang the doorbell. The victim's father was home and answered the door, requesting the accused leave. The accused left without any further incident.
On February 18th, 2024, the accused attended the victim's residence at approximately 23:30 hours and knocked on the door where the victim's father answered the door. He requested the accused leave and not return again.
On February 28th, 2024, Det. M. CUDRASOV attended the accused's residence and spoke with him advising him to cease all further communication in which the accused agreed and advised he would stop.
On March 14th, 2024, the accused attended the victim's residence and a call for service was placed with OPS at 20:41 hours. The father of the victim recognized the accused through the front door window and told him to leave. The accused remained on the front step for 40-60 minutes before leaving. Police arrived at 22:50 hours and obtained a report along with statements.
On March 18th, 2024, the father of the victim installed a camera facing toward the front door as they fear for their safety.
On March 20th, 2024, the accused attended the victim's residence and rang the doorbell numerous times. A call to OPS was placed at 22:57 hours to have Officers attend. Once on scene the accused had departed on foot. Cst. SZTOMPKA attended the accused's residence and located him walking home, where he was subsequently arrested at 23:52 hours.”
Assault x2, Assault with a Weapon x2, Break and Enter Dwelling:
On Monday, April 15, 2024, at 21:00 HRS, police responded to a disturbance call at 404 Temiskaming Cres. in city of Ottawa. Caller, Prasanya Muralithas, reports someone in the house hurting her family. Police arrive on scene and the accused is pointed out to them. The accused had a knife in his hand when arrested. He was transported to Central cells.
Officer's then spoke with involved parties. The accused is a family member who has been kicked out of house due to his behavior and mental health issues. Tonight, he attended the residence and attempted to gain access. He used a knife to break the glass window in
the door. Tharsika Markandu attended to the door and attempted to keep the door locked. The accused had dropped the knife and proceeded to throw glass at Tharsika.
At same time another family member living across the street, at 409, returned home. Sivalingarasa Muralithas saw the accused and heard glass break and went to assist as his child was in the house. He observed the door window broken and occupants inside to be scared. The accused was outside wielding a knife and approached him saying that the family would die tonight. He ran to another neighbor for help.
Prasanya Muralithas was at home across the street when her husband, Sivalingarasa, returned home. He said he had seen accused across the street and heard glass breaking. They went to assist. She observed husband try to restrain accused. She went to go by into house when the accused kick her in stomach. She ran back to house and called 911. She observed the accused kicking at her husband.
The neighbor from 406, Sean McCoy, answered door and received request for assistance from Sivalingarsa. He observed accused standing on porch of 404 with a bloody hand. Accused asked if he wanted to die. The accused was still trying to enter 404. The accused reaches for a knife in his bet asking if MCCoy wants any on this. McCoy retrieves skateboard for protection.
Accused again tries to access 404 and then police arrive to arrest accused.
Without Prejudice Position of the Parties:
At the commencement of the hearing, the parties presented a joint submission: that the accused presents a significant threat to the safety of the public and that he be detained at the Integrated Forensics Program at the Royal Ottawa Mental Health Centre, with privileges up to community living in accommodations approved by the Person in Charge.
The accused further did not contest the positions of the Hospital and the Attorney General that a non-communication condition be included in the disposition, to prohibit direct or indirect contact by the accused with the victim of the criminal harassment charge, Suveatha Karunakaran.
Evidence at the Hearing:
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Wood.
Dr. Wood testified that Mr. Sritharan’s medications have been adjusted over the past few months, and his current medications appear to have addressed his psychotic symptoms, which included delusional beliefs and his belief that he could telepathically communicate with animals. Mr. Sritharan has received both the loading and boosting doses of Invega Sustenna, and the switch to a long acting injectable (LAI) helps to address Dr. Wood’s concerns of previous medication non-compliance in Mr. Sritharan’s history.
Dr. Wood testified that the Hospital is waiting for one of its step-down beds, either at Wymmering or Kimberlane Residences, to become available for Mr. Sritharan to occupy. He is currently housed at the Ottawa-Carleton Detention Centre (OCDC).
While occupying that step-down bed, Mr. Sritharan would be attending the Hospital for weekly urine drug screens and outpatient programming. After a certain amount of time, the Hospital would look to transitioning Mr. Sritharan to the Lebreton program, which would include community living in a smaller group home with about six residents in total.
The Hospital supports a no contact condition with the victim of the criminal harassment charge and would also discourage contact between Mr. Sritharan and his family members which were involved in the second set of charges, unless and until they provide consent for that contact with the treatment team.
In response to questions from the Attorney General about any substance seeking behaviour, Dr. Wood testified that there was only one incident where Mr. Sritharan was asking for medications and it was determined that he was doing so under duress caused by co-prisoners at the OCDC, and that this behaviour has not reoccurred since.
Further, Dr. Wood testified that while the Disposition will require no less than once every two weeks reporting to Hospital once he is in the community, that Mr. Sritharan is agreeable to a more frequent reporting requirement.
In response to Panel questions, Dr. Wood testified that a referral has already been made for social worker for Mr. Sritharan, and that a potential bed at Kimberlane or Wymmering is expected to be available in the coming weeks.
Mr. Sritharan’s insight into his mental illness was described by Dr. Wood as “emerging” and he would like to see further development in the connection between Mr. Sritharan’s illicit substance use and his increased vulnerability to psychotic symptoms, as well as insight into the impact his behaviour has had on his family over the years.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Panel accepts the joint submission: Mr. Sritharan remains a significant threat to the safety of the public and a Detention Order Disposition is necessary and appropriate and the least onerous and least restrictive option in all of the circumstances.
Furthermore, the Panel accepts the position of the parties that a non-communication order with respect to the victim of the criminal harassment charge is both necessary and appropriate.
Mr. Sritharan has been diagnosed Schizophrenia – a major mental illness – as well as with an unspecified trauma disorder and three concurrent substance abuse disorders. When unwell in the past, he has exhibited psychotic symptoms, including delusional beliefs, which contributed to the index offences.
Those offences including harassing behaviours which escalated to verbal and then physical violence involving a weapon and multiple victims.
Mr. Sritharan has not yet been admitted to the Forensic Assessment Unit at the Hospital due to a shortage of beds and has thus been “stuck” at the OCDC provincial facility.
While the Hospital Report and Dr. Wood’s oral evidence suggests a positive response to the initial doses of the Invega Sustenna LAI, the switch from oral medications to an injectable is still very recent. As Dr. Wood testified at the hearing, some persons experience mental status decompensation when transitioning to an LAI due to the increased time between injections and so it remains to be seen how Mr. Sritharan adjusts to that change in the near term
Mr. Sritharan is assessed to present a moderate risk of future violence, as per the HCR-20 v.3 structured clinical judgment instrument. One factor that influenced this rating is his past problems with insight, where he would request to discontinue his antipsychotic medication and justify the request with vague side effects that do not appear to be present. Furthermore, Mr. Sritharan in the past had not been forthcoming about his delusional beliefs regarding the victim of the criminal harassment charge.
Mr. Sritharan currently does not have a community housing placement and has limited family contact as some of his family members fear him as a result of the index offences. Housing instability was identified as one contributor to the HCR-20 v.3 risk assessment.
Were Mr. Sritharan to become medication non-compliant while in the community or alternatively, should he experience mental status decompensation despite the administration of the Invega Sustenna LAI, the Hospital would require the ability to quickly return him to Hospital to stabilize his mental health and attenuate the risk to the public, which the Panel finds could not be achieved with the provisions of the Mental Health Act alone.
In consideration of all of the evidence before it, the Panel concludes that a Detention Order with privileges up to community living in a residence approved of by the Person in Charge of the Hospital is the necessary and appropriate disposition, which is also the least onerous and least restrictive in the circumstances.
DATED this 24th day of March 2025, at the City of Toronto, in the Toronto Region.
Mr. D. D’Intino
Legal Member
___________________________
Office of the Registrar
Ontario Review Board