Re Marco G. Falcone, 2025 CanLII 33834

Ontario Review Board

Re: Marco G. Falcone ORB File No: 8677 Hearing held on: Thursday, March 6, 2025 Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein Members: Dr. R.D. Chandrasena Dr. B. Sheppard Ms. K. Tomaszewski Ms. C. Plyley

Parties Appearing:

Accused: Marco G. Falcone Counsel: Mr. W. Glover The person in charge of hospital: Counsel: Ms. J. Zamprogna Attorney General of Ontario: Counsel: Ms. K. Dalrymple

REASONS FOR DISPOSITION

(Dated April 14, 2025)

Introduction:

1. On December 2, 2024, Mr. Falcone was found unfit to stand trial on charges of choking, uttering threats, indecent exposure, failure to comply with an undertaking, causing a disturbance, and obstructing a peace officer, all contrary to the Criminal Code of Canada (“Criminal Code”).

2. The Court did not make a Disposition and ordered Mr. Falcone be detained at the Southwest Centre for Forensic Mental Health Care (“Southwest” or the “Hospital”) for an initial Disposition of the Ontario Review Board (the “Board” or “ORB”), pursuant to s. 672.47(1) of the Criminal Code.

3. An assessment of fitness for Mr. Falcone was ordered by the Court on October 28, 2024. Dr. Komer, Forensic Psychiatrist, attempted to conduct the assessment. However, Mr. Falcone was uncooperative. On December 2, 2024, the Court ruled that Mr. Falcone was unfit to stand trial and his matters were referred to the Ontario Review Board. No in-hospital fitness assessment was requested, and no treatment order was made. Mr. Falcone was transferred to Southwest on February 6, 2025, pending his initial ORB hearing.

4. On March 6, 2025, the Board convened a hearing at Southwest to make an initial Disposition.

5. Mr. Falcone was present at the hearing and was represented by his counsel, Mr. W. Glover.

6. A Hospital Report, dated February 11, 2025 (the "Hospital Report"), was entered as Exhibit 1.

7. In accordance with s. 672.48(1) of the Criminal Code, the Board must decide whether Mr. Falcone is unfit to stand trial on the day of the hearing, within the meaning of s. 2 of the Criminal Code. Specifically, is Mr. Falcone unable, on account of mental disorder, to understand the nature of a trial and the possible consequences of the proceedings and to meaningfully communicate with counsel. If Mr. Falcone is found fit, he must be sent back to court. If he is found unfit, the Board must make a Disposition that is necessary and appropriate, considering the criteria set forth in s. 672.54 of the Criminal Code.

8. For the reasons set out below, and based on the expert evidence before it, the Board concluded that Mr. Falcone is fit to stand trial and that he should be returned to court. Furthermore, the Board ordered that a Keep Fit Order, pursuant to s. 672.49 of the Criminal Code, should be made, to ensure that Mr. Falcone’s fitness is maintained prior to his trial. Pending Mr. Falcone’s return to court, he is ordered to be detained at the Southwest Centre, with the highest privilege level being to enter Elgin County, accompanied by staff, or a person or delegate approved by the person in charge of the Southwest Centre.

Current Psychiatric Diagnoses:

9. Schizophrenia

Outstanding Charges:

10. The circumstances giving rise to the Outstanding Charges occurred on August 15, 2024, September 26, 2024, and October 28, 2024. The following extracts from the Hospital Report provide a summary of the Outstanding Charges:

1-2. Assault – choking s. 267(c) CCC; Utter Threats s. 264.1(1)(a) CCC

This information is from the Case file synopsis dated August 27, 2024:

On August 15, 2024, Marco Falcone and Jacob Armstrong were outside of their residences. While outside in the parking lot area, Armstrong was nagging Falcone who told him that he was getting on his last nerve. At that point Armstrong called Falcone a goof, which upset Falcone.

Marco Falcone grabbed Armstrong and began assaulting him by punching, kicking and choking him in the parking lot of the Flamingo hotel while telling Armstrong that he was going to kill him. Armstrong was finally able to get away and grab a piece of metal pipe to protect himself.

Officers arrived on scene and determined that Falcone was the aggressor in the matter. Falcone was spoken to and advised that he was under arrest. He was later released on an undertaking. Armstrong was seen by paramedics and determined to be ok. He did not attend the hospital for further evaluation.

3-4. Indecent Act s. 173(1)(a) CCC; Fail to comply with undertaking s. 145(4)(a) CCC

This information is from the Case file synopsis dated September 27, 2024:

On the 26th of September 2024 at approximately 10:18hrs, the accused Marco Falcone attended the inside of Tim Horton’s located at 33 Third St., Chatham. While in the establishment the accused was observed standing in the front lobby near the washrooms with his pants down exposing his genitals urinating on the floor. This act was observed by Tim Horton’s employees as well as patrons. Marco Falcone was arrested and released on a Form 10.

[On the same day, September 26, 2024] At approximately 5:14pm police arrived at the address of 33 Third Street, Chatham (Tim Horton’s) and spoke with store employees. Police learned that [Marco Falcone] entered the business through the front doors located on the north side. The accused then proceeded to tell employees that “he needs to treat people better” and that “he can wash his nuts wherever he wants.”

Upon hearing these utterances made from the accused, store employees asked him to leave. This accused then briefly became argumentative with store employees and refused to leave. Several minutes later, the accused exited the business through the front doors located on the north side. At 5:16pm, police located the accused in the parking lot located on the northeast side of the business and he was placed under arrest.

5-6. Cause disturbance s. 175(1)(a) CCC; Obstruct peace officer s. 129(a) CCC

This information was taken from the Case file synopsis dated October 28, 2024:

On the 28th day of October 2024, the accused [Marco Falcone] attended the front door of the courthouse located at 425 Grand Ave West Chatham, Ontario, on two separate occasions. On both occasions Falcone was belligerent with officers who attempted to speak to him. Sgt. McNear spoke to Falcone on both occasions and requested that he leave the area and return on the 29th of October for his scheduled court appearance. Falcone was very agitated during both exchanges. Falcone was yelling, swearing and moving his hands in an aggressive manner. Falcone repeated, on several occasions, that he was the head Crown Attorney and also fired Sgt. McNear on multiple occasions. Sgt. McNear requested again that Falcone leave the area and return on the 29th of October. Falcone then became even more agitated and stated that Sgt. McNear would regret his decision and that he would contact the military to get him.

Sgt. McNear advised Falcone that he was going to be arrested for causing a disturbance to which he replied verbally not to touch him. Sgt. McNear requested S/Cst. Henry arrest Falcone and bring him into the cells at the courthouse. S/Cst. Henry attempted to handcuff Falcone at which point Falcone began to pull away and briefly was able to free himself from police and began to fall to the ground on his own due to the force in which he pulled away. Sgt. McNear assisted in affecting the arrest of Falcone once he had fallen to the ground. Falcone continued to struggle with police and refused to put his hands behind his back. Officers were able to complete the arrest.

Course Prior to Being Found Unfit

11. Mr. Falcone’s course prior to being found unfit is set out in detail in the Hospital Report. The following extracted paragraphs describing Mr. Falcone’s background are relevant to this hearing:

Mr. Falcone had some employment history recorded documented but only in his early adult years. He reported working for a period in a factory and as a painter (under the auspice of his father) steadily for 15 months at age 18.

He reported that his “first address [in Chatham] was the Travellers Inn” and stayed there for up to four years. He noted that this temporary residence had poor living conditions (e.g., no heat during the winter). He then moved to Wallaceburg and "we had a fire in the building (unclear of which building he was referring to) and that screwed up my life all over again." He reported that he then returned to Chatham, went back to living in motels. He reported that he stayed in the "Chatham Hotel" for five and a half years and then went to the "Flamingo hotel” for approximately one year. He reported that he was evicted from the Flamingo hotel for “aggravated assault” and stated that he “did his time for that.” He reported that he then became homeless and remained homeless since September 1, 2024. For about one month of remaining homelessness, he was then incarcerated. Mr. Falcone’s history of severe housing deprivation and housing insecurity appears to be key contextual factors elevating his risk of destabilization and recidivism.

Mr. Falcone reported being financially supported by ODSP. He noted having an ODSP worker at one point and further shared "I spoke to her once in 5.5 years ... no one found me housing or nothing." He reported that he receives approximately $1413 monthly via a cheque from ODSP which he would cash at a local mini mart.

This information was taken from the Case file synopsis dated October 28, 2024: Marco Falcone is currently homeless within the Municipality of Chatham-Kent, over the past month Falcone has exhibited a deteriorating state of mental health and has been the subject of over 30 police calls involving police. The vast majority of these occurrences involve Falcone being the subject of unwanted person complaints, Disturbing the Peace and Trespass to Property Act investigation.

12. Mr. Falcone attended Video Remand Court on October 8, 2024.

During the remand hearing, Mr. Falcone self-represented himself in court. The Court stated to Mr. Falcone “So, sir, you understand that the Crown is recommending your release, but you’re not agreeable to the conditions?” He replied, “I can. Uh, what do you want?” It was then suggested that the terms of release be read to him to which interjected before they were read and commented, “I agree. What, uh, what – I don’t even know what the – what your terms are? What are the terms?” He was then read his terms of release to which he appeared to agree with. When he was told he as “getting out” [released from jail] he responded with “Holy [****].”

13. At the Show Cause Hearing October 28, 2024:

When Mr. Falcone was asked to state his name at the onset of the hearing he replied “Oh, for Christ – can you [****tell these people to **** quit the **** bullshit?” Following, the Crown was then asked to state their position on release to which Mr. Falcone interrupted and stated, “You’re pathetic, you know that?” As the Crown Representative proceeded to state their position, Mr. Falcone interrupted and stated “Will you[ **** get this case **** thrown out? Get the **** out of my **** life.” He then proceeded to call people in the court room “Pathetic **** losers” and other derogatory names like “stupid ass **** idiots.”] The Crown Representative asked that Mr. Falcone be subjected to a psychiatric assessment.

Mr. Falcone proceeded to interject the hearing with more comments such as “I had a court date. They denied me access.” When the Court attempted to reply “Okay, sir. I’m going to…” Mr. Falcone interrupted and stated, “That’s contempt of court.” To which the Court ordered a five-day fitness assessment. Mr. Falcone then proceeded to ask “Why am I in jail?” The Court replied, “Well you’re going to be getting a fitness assessment, sir. I have concerns about your mental health.” He replied to the Court with, “It’s contempt of court.” The Court repeatedly outlined that he was going to complete a five day assessment. Mr. Falcone stated, “I don’t need a psychiatric assessment … [expletives deleted] … you’re fired … Everyone in this courtroom is fired.” The Court asked if his lawyer was fired also to which Mr. Falcone replied, “you too you [****] clown.” He was then informed that he would be remanded into custody to which he replied, “I gotta eat my food out of a garbage.” He then continued to tell everyone in the courtroom, “You’re fired, you’re fired. And your licence is revoked … Im just going to warn you – you, you, you’re all fired.”

14. At Video Remand Court November 4, 2024:

Mr. Falcone again self-represented himself at court. When asked to state his name he replied, “you know my name.” He then stated, “you mother [****] again” when the Court addressed his name. He then interrupted the court proceedings by saying “court is in contempt” or “contempt of court.”

Dr. Komer’s [Forensic Psychiatrist] letter to the court was then read:

“Further to your assessment order dated October 28th, 2024, I met with Mr. Falcone at the Southwest Detention Centre in Maidstone, Windsor on site on October 30 and 31st, 2024. He refused to be interviewed on both of these occasions. As such, I’m unable to completed an assessment of Mr. Falcone’s fitness to stand trial.

It was then discussed in Court that Mr. Falcone did not appear to be able to engage in his own defense. He proceeded to tell the court that “you’re in contempt” after a new date for court was being set during the proceeding.

15. At Mr. Falcone’s Fitness Hearing December 2, 2024:

Mr. Falcone had been appointed counsel for the hearing; however, when this was detailed to him, he replied, “I never hired her.” It was relayed to him that the court had requested that she be…” to which he interrupted and stated, “No, I never asked, I never asked anybody hire nothin’.” As information was being provided about previous court appearances and outcomes, Mr. Falcone interrupted the discussions and stated, “I’m sick and ****’ tired of this all right.” It was then discussed that Dr. Komer would attempt to provide another assessment. Mr. Falcone interjected the discussion again and stated, “What – I don’t understand a word you’re saying. What are you goin’ on about? Who are you?” He then proceeded to stand up before the hearing was adjourned and was asked to sit down by an officer in the room. ….

Another fitness assessment for Mr. Falcone was to be ordered but was deemed unlikely that he would participate and that an application be made instead to determine his fitness. Mr. Falcone then replied, “Fitness assessment for what? I did not plead

NCR. I pled no contest. I got absolute discharge on the 23rd of September. I came on the 28th…” He was then asked to stop yelling to which Mr. Falcone replied, “Well you’re deaf.” He then asked “who the [****] is this bitch” directing his comments toward the female Crown Attorney. He continued to stand and was asked to sit down several times but the Court and officers.

The Court ruled that Mr. Falcone be found unfit and that his matters be referred to the Ontario Review Board. He then proceeded to interject and stated at one point “I’ll break your [****] skull man (unsure of who in the room he was referring to). He then proceeded to state that he completed an assessment with Dr. Komer but that Dr. Komer lied to the Crown Attorney. He proceeded to stated that he should receive an “absolute discharge, time served.”

Legal History:

16. Mr. Falcone’s legal history is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

This information was obtained from the CPIC Response Report (n.d.):

Date & Location Charge(s) Disposition

1988-09-02 Toronto ON Robbery 12 mos & probation 2 years

1989-09-07 Toronto ON Uttering Threats $200 I-D 20 days

2006-10-23 Toronto ON Uttering Threats Time Served (24 days)

2008-09-24 Peterborough ON

1. Uttering Threats
2. Obstruct Peace Officer
3. Assault A Peace Officer (1-2) Susp Sent & Probation 18 mos U (51 days pre-sentence custody) & Discretionary Probation Order Sec 110 CC For 5 yrs

2008-09-24 Peterborough, Ontario Obstruction Suspended sentence & Probation 1 yr & Discretionary Weapons Prohibition Sec 110 CC For 5 years

2008-09-25 Peterborough ON 1)Uttering Threats 2)Assault A Peace Officer

1. Suspended Sentence & Probation 1 yr 6 mos & Discretionary Weapons Prohibition Sec 110 CC For 5 years
2. Suspended Sentence & Probation 1 yr 6 mos & Discretionary Weapons Prohibition Sec 110 CC For 5 years

2008-09-29 Uttering Threats Suspended Sentence & Probation 1 yr 6 mos (51 Days Pre-Sentence Custody) & Discretionary Weapons Prohibition Sec 110 CC For 5 yrs

Psychiatric History:

17. Mr. Falcone’s psychiatric history is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

Mr. Falcone reported that he initially recognized signs of mental health symptoms when he was a child …He reported that his first admission to the hospital for mental health symptoms was when he was 21. He reported that he was admitted to Toronto General Hospital and his diagnoses given were "bipolar schizoaffective disorder, depression, anxiety, [and] stress.” He reported that the medication he was prescribed included "lithium, amitriptyline, Thorazine, Zyprexa, Effexor." He further recalled an admission to the "London Psychiatric" hospital at the age of 39. He shared that he “was losing it somehow" and noted that he was experiencing severe housing deprivation (homelessness) at that time. He reported that he was suffering from "symptoms of despair and grief and stress, and anxiety." He noted that the age of 40 he was living in Windsor and …taking “lorazepam and Seroquel” during this time. Following, he shared that he relocated to Chatham, and "the doctor gave [him] Risperdal instead, he didn't give [him] lorazepam, and … had a negative effect and … landed in hospital.” He further shared that "it was two antipsychotics, it was clashing, it was giving me anxiety, stress, nervousness” and further elaborated that he “was pacing back and forth on driveway, back and forth." He reported no history of suicidal attempts or self-harming behaviours.

18. The Hospital Report details several visits to the ED and short admissions to hospital for assessment during the fall of 2024.

19. On December 12, 2024, Mr. Falcone was assessed at Windsor Regional Hospital under a Form 1 issued by the corrections physician “due to concerns of aggression, violence, threatening behaviour, medication noncompliance, ongoing delusional beliefs that he is the Attorney General as well as a judge he is also made reference to having medical training. [Mr. Falcone] a history of a schizoaffective disorder, he has been medication noncompliant with his oral Seroquel and presented as disorganized delusional with thought disorder and ongoing perceptual abnormality. He does not wish to partake in suggested treatment, was deemed to be incapable of making treatment decisions. On the day of discharge, Falcone was interviewed, and he did not exhibit any florid psychotic symptoms and was not depressed or elated.”

20. Mr. Falcone was admitted to Windsor Regional Hospital on December 21, 2024, and discharged on December 30, 2024. He was readmitted on January 2, 2025, and discharged on January 10, 2025. During this time period, Mr. Falcone received treatment with antipsychotic medications.

Course in Hospital:

21. Mr. Falcone’s course in hospital is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

Mr. Falcone was compliant with the admission process and able to answer questions when prompted. He was initially placed in seclusion but released within a few hours after receiving his antipsychotic injection (Invega) which was due that day. It was noted that his memory was intact, but he was described as a poor historian.

Mr. Falcone presented as disheveled but made good eye contact and had clear speech. His affect was noted as constricted.

Mr. Falcone voiced hearing auditory hallucinations but demonstrated an inconsistent pattern of describing his mental status during the assessment. …He stated, “people come to him with their legal matters”, which make him feel like “he’s the attorney general.” He acknowledged that he knows he is not the attorney general.

When discussing delusional symptoms during the assessment, Mr. Falcone endorsed that "there are people always plotting against [him]” and stated, “wherever I go people tell me to go.”

When discussing symptoms of paranoia, Mr. Falcone noted that people have been “screwing his life over.” … There was evidence of thought broadcasting, believing that someone’s own thoughts are accessible to others, which he confirmed experiencing. For instance, he stated, "before I can say something, they already know what I am saying, this has been going on for a long time".

Mr. Falcone described his typical day living in the community as "I would clean parking lots for money, and nobody would pay me. Nobody would give me a financial hand. I was stuck between a rock and a hard place ... I couldn't even get a coffee. I would clean the whole Tim Horton's parking lot, and all they [staff] do is complain.” He noted having a very hard time living in the community without a stable residence of his own.

22. Upon initial assessment of Mr. Falcone’s current psychiatric presentation, Dr. Ajay Prakash reported that Mr. Falcone’s schizophrenia appears to be mostly contained. There are residual symptoms of auditory hallucinations, but Mr. Falcone accepts having a mental condition and is concordant with the recommendation of optimizing his medications.

23. Mr. Falcone accepts his mental condition and opines that his mental status is stable. Mr. Falcone can list his prescribed medications. When discussing his insight into the alleged index offences, Mr. Falcone reports that he did “time” for both charges (assault and indecent act). Mr. Falcone states that he arrived to go to court but was not allowed into the building and that one thing led to another and he ended up at the Southwest Centre. Upon the initial assessment, he was not able to identify all his charges. Mr. Falcone minimizes his risk of future violence and his legal history.

24. Mr. Falcone is currently capable of making treatment decisions.

25. The treatment team continues to note irritability and low-level paranoia.

Position of the Parties:

26. At the outset of the hearing, counsel for the Hospital, the Attorney General and Mr. Falcone advised that this was a joint submission; all parties were adopting the Hospital’s position that Mr. Falcone is now fit to stand trial and that a Keep Fit Order with the terms and conditions set out in the Hospital Report is necessary to maintain his fitness, pending his return to court.

27. The parties maintained their initial positions at the conclusion of the hearing.

Evidence at the Hearing:

28. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Ajay Prakash. Dr. Prakash co-authored the Hospital Report.

29. Dr. Prakash testified that during his admissions to hospital in Windsor, Mr. Falcone’s Invega dose was increased and converted to a long-acting injectable. He later also began taking Seroquel and lorazepam. As a result of these medications, Mr. Falcone’s symptoms of schizophrenia are largely contained, with residual symptoms of irritability and low-level paranoia.

30. The treatment team has seen a progressive improvement in Mr. Falcone’s mental status since admission to Southwest.

31. Mr. Falcone has displayed less irritability since the Hospital provided him with a hearing aid (which Mr. Falcone used during the hearing). The doctor queried whether some of the irritability displayed by Mr. Falcone to the Court can be attributed to his hearing difficulties.

32. On March 5, 2025, the treatment team conducted a fitness assessment. There were ten people in the room, to better simulate a courtroom environment. Mr. Falcone was able to correctly answer court-related questions. He understood the nature and object of the proceedings and the possible consequences. He had a reality-based understanding of the proceedings, and no longer believed that he was the attorney-general. He was meaningfully able to communicate with counsel.

33. On March 5, 2025, Mr. Falcone was confused about the relationship between the Court, the Hospital, and a finding of unfitness. With education he understands that unfitness does not equal an acquittal. He understands his legal situation.

34. Counsel for Mr. Falcone told the Board that he had met with Mr. Falcone on Sunday, March 2, 2025, and on the day of the hearing. It was his belief that Mr. Falcone passed all legal tests for fitness, and was able to meaningfully communicate with counsel.

35. Dr. Prakash testified that Mr. Falcone’s prognosis is guarded. If he does not remain in the Hospital pending a return to Court, he will be homeless and very unlikely to continue to adhere to medication. Without medication, Mr. Falcone will become unfit to stand trial.

36. No other evidence was called.

Analysis and Conclusions:

37. Having heard and considered all of the evidence and submissions from the parties, the Board agrees with the joint submission of the parties that Mr. Falcone is fit to stand trial. The Board finds the test for fitness, as outlined in s. 672 of the Criminal Code and in R v Taylor and R v Bharwani, has been met. Mr. Falcone does understand the nature and object of the proceedings; he understands their possible consequences, and he can communicate meaningfully with counsel. Mr. Falcone has a reality-based understanding of the nature and object and possible consequences of the proceedings and has the ability to make decisions regarding his case.

38. In particular, the Board relies on the following extract from the Hospital Report:

On February 6, 2025, Mr. Falcone was assessed by Dr. Ajay Prakash, attending psychiatrist, regarding his fitness to stand trial. A detailed summary of this assessment is outlined below:

Mr. Falcone was asked why he is currently situated in a Forensic facility (of note, education as to why he was in the current forensic setting was provided prior to the fitness assessment). He replied, “That the Crown Attorney said to the Judge that I am not fit to stand trial based on what Dr. Komer told her...", and added that he never had a psychiatric assessment. He further stated that "the Judge decreed I was not fit to stand trial." Mr. Falcone expressed awareness for next steps and stated "I have to [now] go to the review board."

Regarding questions around his alleged offences, Mr. Falcone voiced that he believes he had dealt with some of his charges by spending time in jail, which include charges of "Indecent act, I have done five days already, that is Tim Horton’s", and aggravated assault, "I have been acquitted already." In relation to his other charges he stated, "The court officer said I threatened him ... I did not threaten him. I gave him a legal warning. I said I have a mandatory court day on October 28 ..." He was also made aware of the details of his charges.

Mr. Falcone was then asked about his plea options to which he responded, “you can plead guilty, not guilty, and you can plead NCR." He further stated, when prompted about what pleading guilty means, “depends on what the charges are, let the guy go." He was then asked what happens when someone pleads not guilty, he responded, “then the defendant’s lawyer can object and take it to trial."

Mr. Falcone was asked what the role of his lawyer is, to which he stated, “to defend you, either way if you are guilty or not guilty." He stated that the role of the Crown Attorney is “to prosecute” and the role of the judge is "to discern whether or not what the two sides are saying is on the level."

Dr. Prakash reported that Mr. Falcone’s mental status was stable throughout the assessment. He also asserted that Mr. Falcone was cooperative and forthcoming with his statements. His thoughts were logical, and he was able to engage in over an hour-long assessment.

39. Dr. Prakash confirmed that Mr. Falcone remained fit as of March 5, 2025, and Mr. Falcone’s counsel confirmed that as of the date of the hearing, Mr. Falcone was able to meaningfully communicate with counsel.

40. Absent forensic supervision and detention in hospital, Mr. Falcone would attempt to live in the community, homeless. He requires both oral and long-acting medication. He would not be able to continue to take his medications, particularly his oral medications. This non-adherence would exacerbate his irritability, induce psychotic symptoms and render him unfit to stand trial. As a result of Mr. Falcone’s need for treatment, his history of falling away from treatment, his risk of violence, and the limited community resources available to him to support him in continuing to engage in treatment, the Board orders that he be subject to a Keep Fit Order and that he be returned to court. This is the necessary and appropriate finding in this matter.

41. Pending his return to court, pursuant to s. 672.49 of the Criminal Code, we find that the least onerous and least restrictive Disposition is as recommended in the Hospital Report. We order that he be detained at Southwest, with the terms set out in our formal order and Disposition.

DATED this 14th day of April 2025, at the City of Toronto, in the Region of Toronto.

Ms. K. Tomaszewski Legal Member Office of the Registrar Ontario Review Board