Ontario Review Board
Re: Kenneth Colaco
ORB File No: 5593
Hearing held on: Tuesday, February 18, 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: Mr. M.D. Segal Members: Dr. B. Bordoff Dr. J. Kis Hon. B. Allen Mr. J. Cyr
Parties Appearing:
Accused: Kenneth Colaco Counsel: Mr. A. Rai
The person in charge of hospital: Counsel: Ms. S.R. Zelaya
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction
On April 1, 2010, Kenneth Colaco, age 43, was found not criminally responsible on account of mental disorder on one charge of sexual assault, contrary to the Criminal Code. On February 18, 2025, Mr. Colaco appeared before the Ontario Review Board (the “Board”) from the Centre for Addiction and Mental Health (the “hospital”) for his annual review.
The Board had before it as Exhibit 1 the Hospital Report dated January 22, 2025.
In preliminary positions, the hospital and Crown counsel were not supporting any change to the current Disposition of conditions up to and including residing in a 24-hour supervised accommodation. Mr. Rai, for the patient, agreed with the hospital’s position and conceded significant threat for the purpose of the hearing.
The circumstances of his index offence are set out in last year’s Reasons:
“On January 27, 2010, a nurse at the Whitby Mental Health Centre advised police that she was sexually assaulted by Kenneth Colaco, a current patient, on January 6, 2010. After a ride together in a hospital van, the accused approached her from behind and grabbed her about the buttocks several times. While waiting for an appointment, the accused grabbed and rubbed the victim about the arms and face and made several attempts to kiss her: once grabbing her about the back of the neck to force her to kiss him. He expressed his desire to have sex with her and his love for her. The victim advised the police that the accused had previously sexually assaulted lower functioning patients who did not report the incidents to police and the hospital’s attempts to rectify this was to move the accused to a new ward, only to have this behaviour continue.”
Evidence at Hearing
Dr. Chan, the patient’s psychiatrist, testified. There were no updates to the hospital report. Mr. Colaco continues to reside in an all-male secure forensic unit of the hospital.
Dr. Chan indicated that Mr. Colaco still shows residual symptoms of his mental illness. There is a long-standing concern regarding problematic sexualized behaviour. There has been some limited behavioral progress this past year. In the upcoming year, the hospital will focus on behavioural optimization.
Mr. Colaco continues to be on oral antipsychotic medications and receives injections of Lupron. The Lupron injections are now supported by the patient’s parents who had earlier expressed apprehension about that medication. The parents were concerned with side effects but, to date, there have been none.
Mr. Colaco, as was reported in last year’s Reasons, has been assessed for community housing by Vita. The housing requires 24-hour supervision. He is hoping to hear in the next few weeks. If that does not work, consideration will be given for a possible move into a general forensic unit.
Mr. Colaco was last psychologically assessed some years ago and has not been cooperative with current testing efforts.
The patient remains dismissive of group participation. He has done some CBT and DBT in past. There have been no seclusions this year. Mr. Colaco has been medication compliant. Mr. Colaco had some visits with his parents this past year and communicates with them on a regular basis. His parents remain quite involved with their son and the treatment team. His last home visit occurred this past Christmas.
If accepted by Vita housing, Mr. Colaco can go there directly. He need not be in a general unit.
Reasons
- The Board had before it a joint submission for a continued Detention Order. The position is supported by the oral evidence and the Hospital Report. There has been progress through the year and Mr. Colaco should be commended for that. There are plans underway to find 24-hour supervised accommodation. An answer from Vita housing is expected imminently. If that is unsuccessful, the hospital will consider possible movement to a general forensic unit. We wish Mr. Colaco a successful year.
DATED this 10th day of April, 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board