Ontario Review Board
Re: Hans Kasma
ORB File No: 8212
Hearing held on: Wednesday, February 19, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. H. Bloom
Dr. P.N. Wright
Mr. D. Sandor
Mr. S. Duffy
Parties Appearing:
Accused: Hans Kasma
Counsel: Mr. D.W. Shannon
Co-Counsel: Mr. B. Sacevich
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Mr. T. Jukes
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction:
On January 11, 2023, Mr. Kasma was found not criminally responsible on account of mental disorder on a charge of failure to stop for police and taking motor vehicle without consent.
Mr. Kasma is currently subject to a Disposition of the Ontario Review Board dated February 8, 2024, which directed that he be discharged subject to a number of conditions.
On Wednesday, February 19, 2025, the Ontario Review Board convened a hearing virtually and conducted the annual review of Mr. Kasma’s Disposition.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Davidson appeared as the hospital's representative. She advised of the hospital position that Mr. Kasma remains a significant threat to public safety, the if the Board so finds, the necessary and appropriate Disposition is a continuation of the Conditional Discharge without any change.
Mr. Jukes appeared for the Attorney General. Mr. Jukes’ position is that subject to the evidence in this hearing, he anticipated supporting the hospital's position.
Mr. Shannon appeared as counsel for Mr. Kasma. Mr. Shannon stated his position that Mr. Kasma no longer represents a significant threat to public safety and accordingly he is entitled to an Absolute Discharge. In response to a question from the Alternate Chair, Mr. Shannon stated that in the event the Board found his client to represent a significant threat to public safety, it is his position that the necessary and appropriate Disposition is a continuation of a Conditional Discharge with all the terms set out in last year's Disposition.
Index Offence:
- The index offence involved Mr. Kasma driving erratically on a highway and fleeing from the police.
Evidence at Hearing:
The Board admitted into evidence the Hospital Report dated February 3, 2025. The Hospital Report provides a great deal of information concerning Mr. Kasma, his personal history, his mental health history, details of the index offence, details of other charges that were subsequently withdrawn at the time of the NCR court appearance and Mr. Kasma’s course in hospital and in the community subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report. We do note, however, the stated diagnosis of schizophrenia, paranoid type.
In addition to the documentary evidence, the Board heard from Dr. Sheppard. Dr. Sheppard has been following Mr. Kasma since his admission to hospital following the NCR finding. Dr. Sheppard noted that he has no updates to the Hospital Report. Dr. Sheppard reported that Mr. Kasma has “done well” following his admission to hospital. That admission was approximately three years ago. Dr. Sheppard noted that when first admitted Mr. Kasma was “very sick”. Mr. Kasma, over the course of a few months, improved considerably to the point where Mr. Kasma was discharged to living in the community on May 18, 2023. He moved into his mother’s home which is located just outside of Thunder Bay. Dr. Sheppard noted that Mr. Kasma helps his mother with various chores around the house.
Dr. Sheppard testified Mr. Kasma is medication compliant. He is on a relatively low dose of medication. The doctor noted that historically Mr. Kasma has also been treated for chronic pain. At some point he was involved with a clinic for pain management.
Dr. Sheppard noted that his patient is “functioning well” and is compliant with medication. The doctor repeated that Mr. Kasma is somewhat isolated having regard to his residence.
As noted in the Hospital Report, the hospital suggests that Mr. Kasma remains a significant threat to public safety and that there should be a continuation of the current Conditional Discharge.
Dr. Sheppard put it that there were three reasons why he supports a finding of significant threat. He first noted that Mr. Kasma had been “very unwell” for significant period of time prior to the events of the index offence. When Dr. Sheppard first met Mr. Kasma, he was extremely psychotic and experiencing significant persecutory delusions.
Dr. Sheppard also noted that Mr. Kasma had many visits to non-forensic hospitals to deal with his acute pain injuries. It is concerning to Dr. Sheppard that notwithstanding the many visits to non-forensic hospitals, not one at those hospitals recognized that Mr. Kasma was experiencing delusions and was simply mentally not well. Dr. Sheppard pointedly stated that the civil system “failed” Mr. Kasma and the doctor was concerned that if he received an Absolute Discharge and any difficulties arose, the civil system could again fail to recognize his illness.
The second reason that the doctor puts forward in support of a finding of significant threat is that Mr. Kasma, for a considerable period of time before the NCR finding, frequently behaved in a dangerous manner. He had a collection of weapons including guns and large knives. The doctor accepts that Mr. Kasma did not use those weapons but nevertheless that was. and is, a concern to the doctor. Dr. Sheppard is concerned that if not under the Board there is “a possibility” of Mr. Kasma arming himself with weapons again to protect himself from non-existent assailants.
Dr. Sheppard, however, with his usual fairness commented that this concern may be “speculative”.
The third concern raised by the doctor is that Mr. Kasma’s level of insight is still “partial”. Apparently, Mr. Kasma continues to believe that his conduct at the time of the index offence was in fact caused by his extreme pain. On the other hand, Dr. Sheppard notes that Mr. Kasma will concede that he suffers from schizophrenia and will also say that he needs medication. Dr. Sheppard expressed concern about the possibility that should pain no longer be an issue for Mr. Kasma, perhaps he will forfeit taking his antipsychotic medications as he associates them with pain reduction. Were Mr. Kasma to go off medications, there is concern about substance use and a possible return to assaultive conduct. Once again Dr. Sheppard acknowledged that there is a degree of speculation on this issue.
In response to a question from Mr. Jukes, Dr. Sheppard repeated Mr. Kasma has a good relationship with his mother. He continues to help out with chores around the house. Mr. Kasma takes his medication on his own and his mother has no role in supervising his taking of medication.
Mr. Jukes then asked the doctor what the doctor would like to see before supporting his patient receiving an Absolute Discharge. Dr. Sheppard advised that he would like to see Mr. Kasma engage with a non-forensic team. Dr. Sheppard noted that in fact Mr. Kasma has met with the Comprehensive Community Support Team (CCST) in Thunder Bay. Dr. Sheppard also noted that Mr. Kasma had a meeting with representatives of CCST and he has been accepted by them should Mr. Kasma receive an Absolute Discharge.
In response to questions from Mr. Shannon, Dr. Sheppard acknowledged that he has seen Mr. Kasma monthly and that Mr. Kasma is diligent and has not missed any of his monthly meetings with the doctor.
Dr. Sheppard confirmed that Mr. Kasma is being treated on his own consent. Dr. Sheppard agreed that Mr. Kasma is a great help to his mother and his mother finds him extremely helpful.
Finally, Mr. Shannon drew the doctor’s attention to the following paragraph in the Hospital Report:
“Mr. Kasma has maintained relative stability since that time (the reference is to May 18, 2023). He has not required readmission to hospital. He has complied with the terms of his ORB disposition. He has attended outpatient appointments regularly and punctually, and has followed up with his case manager as required. He has been fully adherent to his regimen of medications. He has not used substances of abuse. No reports have been received, from any source, of concerning behaviour in the community. His mother has indicated her view that he continues to do well.”
In response to questions from members of the Board, Dr. Sheppard acknowledged he has discussed CCST with Mr. Kasma and Mr. Kasma is agreeable to be followed by that team. Mr. Kasma states he wants to continue receiving services moving forward.
Dr. Sheppard also stated that Mr. Kasma is committed to taking medication. Dr. Sheppard described Mr. Kasma’s commitment to take medications as “pretty good”. In response to further Board member questions, Dr. Sheppard stated that Mr. Kasma’s mother accepts that he is ill and that he needs medication. Finally, in response to a further Board member question, Dr. Sheppard acknowledged that were the Board to grant an Absolute Discharge this hospital would follow Mr. Kasma until the actual transfer to CCST occurred.
Submissions:
Ms. Davidson maintained her original position, namely that the Board should find Mr. Kasma to be a significant threat to public safety and to continue with a Conditional Discharge.
Mr. Jukes reminded the panel that his opening position was subject to what he hears in the evidence. Mr. Jukes stated that having heard the evidence he is satisfied that the test for significant threat is no longer made out. Mr. Jukes believes that this was “very close” but submits that Mr. Kasma is entitled to receive an Absolute Discharge.
Mr. Shannon maintained his position that his client is entitled to an Absolute Discharge and he stressed how well his client has done since coming under the Board. He expressed how consistent his client has been with attending to see Dr. Sheppard and members of the outpatient team. Finally, Mr. Shannon noted that his client has agreed to be followed by a team at CCST.
Findings of the Board:
- The decision of the Supreme Court of Canada in Winko v. British Columbia, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625 remains the leading case on the issue of significant threat.
“Paragraph 62 – Item 2
A “significant threat to the safety of the public” means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature.”
- We also note paragraph 57 in Winko:
“To assist with this difficult task, and to protect the constitutional rights of the NCR accused, Parliament in Part XX.1 has given “dangerousness” a specific, restricted meaning. Section 672.54 provides that an NCR accused shall be discharged absolutely if he or she is not a “significant threat to the safety of the public”. To engage these provisions of the Criminal Code, the threat posed must be more than speculative in nature; it must be supported by evidence.”
- This panel is also aware of section 61 of Winko:
“It follows that the inquiries conducted by the court or Review Board are necessarily broad. They will closely examine a range of evidence, including but not limited to the circumstances of the original offence, the past and expected course of the NCR accused’s treatment if any, the present state of the NCR accused’s medical condition, the NCR accused’s own plans for the future, the support services existing for the NCR accused in the community and, perhaps most importantly, the recommendations provided by experts who have examined the NCR accused.”
- With great respect to Dr. Sheppard and the clinical team, we find that Mr. Kasma no longer remains a significant threat to public safety. Dr. Sheppard in his evidence stated that he would be “more confident” if Mr. Kasma had one more year under the Review Board. We note the evidence that Mr. Kasma has been accepted to receive the services of CCST. We accept Dr. Sheppard’s evidence that his team will remain in place until the actual handover to the non-forensic team. Put simply, having regard to the totality of the evidence we are unable to conclude that Mr. Kasma remains a significant threat to public safety and accordingly he is entitled to receive an Absolute Discharge.
DATED this 10th day of April 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg
Alternate Chairperson
Office of the Registrar
Ontario Review Board