Re: Christopher John Roloson, 2025 CanLII 33843

Ontario Review Board

Re: Christopher John Roloson

ORB File No: 8737

Hearing held on: Friday, March 28, 2025

Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street

Pursuant to: Sections 672.47(3) and 672.48(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal Members: Dr. B. Sheppard Dr. G. Stones Mr. K. McKenna Ms. M. McKinnon

Parties Appearing:

Accused: Christopher J. Roloson Counsel: Mr. A. Confente

The person in charge of hospital: Counsel: Ms. L. Barney

Attorney General of Ontario: Counsel: Ms. K. Malkovich

REASONS FOR DISPOSITION

(Dated April 16, 2025)

Introduction

1Christopher John Roloson, age 24, was found unfit to stand trial on February 6, 2025, on criminal charges of possession of a weapon for a dangerous purpose, uttering threats to cause death, assault bodily harm, robbery (x2), assault with a weapon, disguise with intent, committed on March 5, 2024, and disguise with intent, possession of a weapon for a dangerous purpose, robbery, failure to comply with release order and disguise with intent, contrary to the Criminal Code, committed on March 6, 2024. The Court referred the matter to the Ontario Review Board (the “Board”) for adjudication.

2On March 28, 2025, Mr. Roloson appeared before the Board from St. Joseph's Healthcare Hamilton (the “hospital”). Several members of Mr. Roloson's family were in attendance. The Board had before it as Exhibit 1 a Hospital Report dated March 24, 2025. The Board also had as Exhibit 2 the criminal court file.

3In preliminary positions all parties advanced that Mr. Roloson was now fit to stand trial. As such he should be returned to court with a Keep Fit Order. A Detention Order was warranted on the usual modest conditions applying to someone which are set out at page 40 of the Hospital Report.

Index Offences

4The facts of the index offences are set out in the hospital report. Mr. Roloson robbed a variety store with a knife while masked. He did the same thing at another store the following night.

Diagnoses

[5] • Fetal Alcohol Spectrum Disorder (FASD)

• Attention Deficit Hyperactivity Disorder (ADHD)
• Intellectual Disability

Evidence at Hearing

6Dr. Aaron Wu, the patient’s psychiatrist, testified. When Mr. Roloson first entered hospital there were several incidents arising out of behaviour and the patient’s challenges. There was destruction of property, name calling and contraband. As days went by, there was less property damage and more cooperation. Mr. Roloson has been adherent to treatment.

7His fitness was assessed as recently as the day before the hearing. Mr. Roloson now understands he faces several charges although, understandably, he could not list all of them. He is aware of his plea options including guilty and not guilty. He appreciates that if guilty he could face jail. He has a good appreciation of the nature of the oath. He knows it means he must tell the truth and not lie. He comprehends the roles of the key trial participants. Mr. Roloson’s thinking is linear, coherent and does not reveal symptoms of psychotic thinking. He could meaningfully instruct counsel and meaningfully participate in a trial. Mr. Roloson responded extremely well to fitness education.

8A Keep Fit Order in hospital is recommended.

9Because Mr. Roloson’s residence is in Brantford, supplementing the hospital’s recommended condition by adding the County of Brant makes sense.

10He does not have a criminal record. There has been no formal cognitive testing. An estimate of his intellectual disability is mild to moderate.

Analysis

11The evidence was very clear that Mr. Roloson has achieved fitness. He responded well to fitness education and now shows an understanding across all domains of fitness. Accordingly, the panel finds him fit, and he should be returned to court with a Keep Fit Order. The suggested terms of the Detention Order are sensible. Given his ordinary home is in Brantford, including the County of Brant is appropriate.