Ontario Review Board
Re: Ricardo Cardona
ORB File No: 7996/8014
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: Ricardo Cardona Counsel: Mr. E. Brown
The person in charge of hospital: Representative: Dr. P.L. Darby
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction
[1]. Ricardo A. Cardona, age 47, was found not criminally responsible on account of mental disorder on charges of dangerous operation of a motor vehicle and obstructing or resisting a peace officer on December 13, 2021. He was also found not criminally responsible on account of mental disorder on January 20, 2022, on charges of assault, fail to comply with a release order, and utter threats to cause death, contrary to the Criminal Code.
[2]. Mr. Cardona appeared before the Ontario Review Board (the “Board”) from the Centre for Addiction and Mental Health (the “hospital”) on February 18, 2025, for his annual hearing. Mr. Cardona was on a Detention Order, currently residing in the community at a supervised residence at 11 Anderson Avenue, Brampton. The Board had before it a Hospital Report as Exhibit 1 dated February 7, 2025.
[3]. The Board was presented with a joint submission that while significant threat remained, a Conditional Discharge with a residence clause was the least onerous and least restrictive disposition. By the end of the hearing, the Board agreed with the joint submission.
Index Offences
[4]. On November 1, 2020, Mr. Cardona had an interaction with a stranger and followed them by car from Guelph to Elora. When he was stopped, he was unco-operative with police. They attempted to arrest him on an arrest warrant, and he tried to drive away. The police were able to get into the car and turn the engine off. Mr. Cardona then resisted arrest. Crystal methamphetamine was found in plain view during a search of the vehicle. He was released on an undertaking. Mr. Cardona’s sister reported that on January 9, 2021, Mr. Cardona assaulted his father. He went into his father’s room when his father was in bed and punched him in the eye, causing a three-inch cut below his father’s eye. He was in fentanyl withdrawal at the time. On May 18, 2021, while on a recognizance of bail with his father as surety, Mr. Cardona threatened to kill his father. He then was resistant with police upon arrest. The Hospital Report notes that crack cocaine use was a factor.
Current Diagnoses
[5]. According to the Hospital Report, Mr. Cardona’s current diagnoses include unspecified schizophrenia spectrum and other psychotic disorder, and stimulant use disorders (cocaine and crystal methamphetamine) – in enforced remission.
Evidence at Hearing
[6]. In addition to a helpful Hospital Report, the Board heard from Dr. P. Darby.
[7]. Mr. Cardona has been discharged to the community in April of 2024. There have been no incidents of concern. There have been no issues regarding substances. All urine tests have been negative. Mr. Cardona has taken relapse prevention training from his social worker attached to the Forensic Outpatient Team. Mr. Cardona gets along well with others. There was a minor issue from an unruly guest at the residence with no blame ascribed to the patient.
[8]. Mr. Cardona is very motivated to work. He has been employed as a mechanic in a shop where he had worked previously. It is in Kitchener. He just got his driver’s license back and has plans to acquire a vehicle. For now, his parents will continue to drive him to and from work.
[9]. He has a positive relationship with his parents. Mr. Cardona’s insights are improving. He gets along well with co-residents and the SHIP housing staff.
[10]. He is capable of consenting to treatment and has been medication compliant. He has, however, expressed the view, that if released from the Board’s jurisdiction, he would cease taking medication.
[11]. Because of drowsiness arising possibly from the medication, his doses will be moderately reduced starting the day of the hearing.
[12]. Dr. Darby is of the opinion that if Mr. Cardona was feeling unwell, he would agree to come back to hospital and that the Mental Health Act is sufficient to protect the public.
[13]. In Dr. Darby’s view, a Conditional Discharge should mirror the terms of the Detention Order.
[14]. Mr. Cardona has a young lady friend in his country of origin, El Salvador. He would like to go there for a visit. All parties were supportive, provided he sought the approval of the person in charge in advance and provided an itinerary. Mr. Cardona’s plan is to travel with his mother who is an approved person.
Analysis
[15]. The Board was presented with a joint submission. The Board accepts the joint submission. Mr. Cardona has had a very good year and is industrious as evidenced by his work and obtaining his driver’s licence. He is medication compliant and there has been no evidence of consumption of prohibited substances. An ongoing issue for Mr. Cardona will be psychoeducation regarding the benefits of his medication.
[16]. Mr. Cardona’s desire to visit his homeland is understandable. The hospital will work that out with him. Mr. Cardona has indicated he wishes to travel with his mother who is an approved person. Any approved travel would of course have to consider his medication cycle. We wish Mr. Cardona continued success.
DATED this 10^th^ 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