Ontario Review Board
Re: Tigran Mirzoyan
ORB File No: 5155
Hearing held on: Monday, January 20, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. J. Mills Members: Dr. P.L. Darby Dr. G. Stones Ms. M. Chamberlain Ms. B. Naegele
Parties Appearing: Accused: Tigran Mirzoyan Counsel: Ms. M. Perez (via Zoom) The Person in Charge of Hospital: Representative: Ms. T. Murdock Attorney General of Ontario: Counsel: Ms. K. Staats
REASONS FOR DISPOSITION
(Dated March 25, 2025)
Introduction
[1]. On August 29, 2008, Tigran Mirzoyan was found not criminally responsible on account of mental disorder (“NCR”) on charges of carry concealed weapon and possession of a dangerous weapon, contrary to the Criminal Code of Canada (the “Criminal Code”). Mr. Mirzoyan is currently subject to a disposition of the Ontario Review Board (the “Board”) dated January 18, 2024, detaining him on the Forensic Service at the Centre for Addiction and Mental Health (“CAMH”), with privileges up to and including hospital grounds privileges accompanied by staff or a person approved by the person in charge. Until such time as he is transferred, authority remains with Waypoint Centre for Mental Health Care (“Waypoint or the “Hospital”), with privileges up to and including the ability to exercise hospital grounds privileges beyond the secure perimeter, escorted by staff.
[2]. On January 20, 2025, a panel of the Board convened to review Mr. Mirzoyan’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Mirzoyan was present for his hearing and was represented by counsel throughout the proceedings. Counsel for Mr. Mirzoyan attended by video conference.
[3]. The issues to be determined are whether Mr. Mirzoyan poses a significant threat to the safety of the public and, if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
[4]. At the commencement of the hearing, the representative of the Hospital submitted that Mr. Mirzoyan continues to represent a significant threat to the safety of the public and there should be no change to his current disposition, except that he should be detained on the Secure Forensic Unit when transferred to CAMH. Counsel for the Attorney General anticipated agreeing with the Hospital’s submission. Counsel for Mr. Mirzoyan submitted there should be no change to Mr. Mirzoyan’s current disposition. Counsel for the Hospital and counsel for Mr. Mirzoyan maintained their initial positions in closing submissions. Counsel for the Attorney General joined the Hospital’s position.
[5]. For the reasons set out below, the Board finds that Mr. Mirzoyan continues to represent a significant threat to the safety of the public and there should be no change to his current disposition, except that he shall be detained on a Secure Forensic Unit at CAMH.
Evidence at the Hearing
[6]. The Board received documentary evidence in the form of a Hospital Report dated December 11, 2024, and marked as Exhibit 1. The Board also heard viva voce testimony from Dr. Ismail, Mr. Mirzoyan’s treating psychiatrist.
Index Offences
[7]. The circumstances of the index offences are excerpted from last year’s Reasons for Disposition as follows:
“On the 13th of March 2008, officers were called to the area of Yonge Street and Oxford Road in the Town of Richmond Hill in regards to unknown trouble. Communications received a call from a male who stated that he had observed a pedestrian step into the side of a car on Yonge Street, then punch the car, and pull a knife on the driver. The driver fled the area and the pedestrian continued walking down Yonge Street.
Officers spoke to the caller and he advised that he was travelling eastbound on Oxford Road, behind a dark Volkswagen. As the VW turned left onto Yonge street (on a green light), a pedestrian stepped out into the road and into the side of the VW. He feared the VW was going to run over the pedestrian’s foot. The pedestrian proceeded to punch the rear of the VW. The driver of the VW stopped and yelled out his window at the pedestrian who punched the vehicle again. The pedestrian came around the vehicle to the driver and reached into his right front pant pocket. The pedestrian pulled an object out of his pocket and held it up to the driver. The driver stated, “Are you pulling a knife on me”. The witness reports that the driver appeared scared and fled the area. At this time, the pedestrian continued to walk southbound on Yonge Street. The witness called 911 and provided a description of a male approx 17-18 years old, white, tan complexion, heavy build, 6 foot, brown spiky hair, black baggy pants, brownish earth tone button up shirt and no jacket.
During a search of the area, officers located a male matching the description of the pedestrian walking in a parking lot south of the incident location. Officers asked the male if he was in possession of any weapons and he stated, “No”. A search of the male was conducted for officer safety reasons and a blue handled folding knife was located in his right front pant pocket. The male was placed under arrest for Carry Concealed Weapon and Weapons Dangerous.
The accused kept laughing for no reason. When questioned by police, he advised he suffers from schizophrenia. He stated that he does take his medication, although it appears to officers that he does not take his medication or the medication he is on is not working.
The accused was transported to 2 District and lodged in cell 2D10. The accused spoke with duty counsel and, although the accused is an adult, due to his mental history, officers contacted the accused’s parents.
The accused’s parents attended 2 District and brought his medication. They advised that the accused does not take his medication willingly. They hide his medication in his food. Police attempted to give the accused his evening medication, but he refused to take it.
The accused is currently on a Conditional Discharge for Assault with a Weapon X2 (YRP incident #07-27575) for attempting to skin his parents alive. In November 2007, the accused was a patient at the Whitby Mental Health Centre. During his stay here, he lashed out punching another patient and assaulting a nurse (Durham incident #071152917).
The accused has been apprehended by York Region Police twice under the MHA. At this time the accused is being held for a Show Cause Hearing on the 14th of March, 2008.”
[8]. The Hospital Report outlines Mr. Mirzoyan’s history and background and need not be repeated here in detail. In brief, Mr. Mirzoyan is 36 years old. Mr. Mirzoyan and his family immigrated to Canada from Armenia in 2001, when he was 13 years old. Mr. Mirzoyan is single with no dependants. Mr. Mirzoyan completed grade 10. Collateral information indicates that he was suspended from school on two occasions. On one occasion, he was armed with a knife. Mr. Mirzoyan has no history of substance abuse.
[9]. Prior to the index offences, Mr. Mirzoyan’s criminal offence history includes a finding of guilt for assault with a weapon in 2007, for which he received a conditional discharge. Mr. Mirzoyan had used a Swiss army knife and attempted to skin his parents based on his delusional belief that his parents had been abducted by Russians who had killed his brother two years previously. He believed it was his mission to remove the skin from them (Russians) to retrieve his parents. In February 2008, Mr. Mirzoyan was found guilty of two counts of assault involving an unprovoked attack on a co-patient (at the then Whitby Mental Health Centre), for which he also received a conditional discharge.
[10]. Mr. Mirzoyan began to experience symptoms of mental illness when he was 14 years old (he began to self-isolate and later to self-harm). Mr. Mirzoyan’s first contact with psychiatric services was in July 2006, when he was admitted to hospital on a Form 1 under the Mental Health Act (MHA). The Hospital Report sets out further admissions up until the time of the index offences in 2008.
[11]. Mr. Mirzoyan is diagnosed as suffering from schizophrenia.
Testimony of Dr. Ismail
[12]. Dr. Ismail adopted the contents of the Hospital Report and testified that there have been no updates. Mr. Mirzoyan continues to be medication compliant, and he continues to use as needed medications for breakthrough symptoms. Mr. Mirzoyan was last in seclusion from August 2021 until January 25, 2023. Since then, medication changes were made, and he continues to improve. Mr. Mirzoyan has been off the unit multiple times and has had four non-secure walks, which is the highest level that can be achieved. Mr. Mirzoyan has a crisis prevention plan which assists in keeping him out of seclusion. He has been compliant with his blood work requirements and since May 2024, has reached the highest level of security available to him at Waypoint. There has been no aggressive behaviour over the year in review. His mother continues to visit with him every two weeks.
[13]. Despite Mr. Mirzoyan’s progress, the treatment team is concerned that when he transfers to a less secure setting his medication compliance may be impacted, and this will require frequent monitoring. A minimum secure unit would not provide Mr. Mirzoyan with the support and structure that he requires. Mr. Mirzoyan resides on Awenda B. This is a unit that largely houses people with intellectual disabilities as well as major mental illnesses, such as Mr. Mirzoyan. It remains unknown when Mr. Mirzoyan will transfer to CAMH. There are seven people from Waypoint who are still on that transfer list.
Analysis
[14]. The Board accepts the evidence of Dr. Ismail supported by the Hospital Report and finds that Mr. Mirzoyan continues to represent a significant threat to the safety of the public. The Board notes that all parties were in agreement on this issue.
[15]. Mr. Mirzoyan continues to exhibit residual psychotic symptoms such as delusions of persecution and auditory hallucinations (albeit less disruptive than previously). Mr. Mirzoyan continues to have limited insight into his major mental illness and the need for medication. Furthermore, Mr. Mirzoyan has a significant history of violence when non adherent to medication and medication adherence remains a salient risk factor for him. While Mr. Mirzoyan is making progress, he has yet to be tested in a less secure setting and continues to require support and monitoring to manage his risk to the safety of the public. For these reasons, the Board finds that Mr. Mirzoyan represents a significant threat to the safety of the public.
[16]. Mr. Mirzoyan’s symptoms are generally well-managed with his current medication regimen and Mr. Mirzoyan has shown an increased degree of compliance and stability over the period in review. Notably, the Hospital Report indicates that when Mr. Mirzoyan experiences residual psychotic symptoms, such as delusions of persecution, these are less disruptive and more guarded suggesting a reduced severity and impact on his overall functioning. Moreover, Mr. Mirzoyan’s symptoms, although present, have not resulted in significant behavioural safety concerns in the year in review. In addition, Mr. Mirzoyan has achieved the highest security level that he can at Waypoint. He has demonstrated the ability to follow directions and there has been no escalating violent behaviour. In addition, his compliance with medication has improved significantly.
[17]. The Hospital Report goes on to indicate that, “his ability to control impulse and respond calmly to stressful situations, including health teaching interventions, provides further evidence that he may now be ready for transition to a less secure setting where he can continue to receive treatment with less intensive supervision.”
[18]. For these reasons, the Board is in agreement that Mr. Mirzoyan’s current disposition remains necessary and appropriate in the circumstances. The Board has also considered Mr. Mirzoyan’s needs once he transfers to CAMH and the concern that, in a less structured environment than Waypoint, Mr. Mirzoyan may experience difficulties adjusting. Given the highly structured environment at Waypoint, any transfer to a medium secure setting should be done in a gradual fashion. For this reason, the Board finds that it is necessary and appropriate for Mr. Mirzoyan to be detained on Secure Forensic Unit at CAMH. This will ensure that once transferred Mr. Mirzoyan will be afforded the structure and support that he requires to ensure a successful transition.
Disposition:
[19]. In making a disposition, the Board must take into consideration the criteria set out in s. 672.54 of the Criminal Code, which is the safety of the public, which is the paramount consideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused.
[20]. For the foregoing reasons, the Board finds that Mr. Mirzoyan continues to represent a significant threat to the safety of the public and that there should be no change to his disposition, except as outlined in the formal disposition.
DATED this 25th day of March 2025, at the City of Toronto, in the Toronto Region.
Ms. J. Mills Alternate Chairperson
Office of the Registrar Ontario Review Board