Ontario Review Board
Re: Wei Wang
ORB File No: 4675
Hearing held on: Wednesday, April 2, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg Members: Dr. P. Prendergast Dr. T. Stirpe Ms. N. Nathanson Mr. A. Mete
Parties Appearing:
Accused: Wei Wang Counsel: Ms. J. Boissonneault
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated April 23, 2025)
[1]. On January 11, 2007, Wei Wang was found not criminally responsible by reason of mental disorder on a charge of assault causing bodily harm.
[2]. Mr. Wang is currently subject to a Disposition of the Ontario Review Board dated May 17, 2024, by which he was ordered to be detained “within the Forensic Service of the Ontario Shores Centre for Mental Health Sciences” (“Ontario Shores”) with a number of prohibitions and privileges.
[3]. On Wednesday, April 2, 2025, the Ontario Review Board convened a hearing and conducted the annual review of Mr. Wang’s Disposition.
Position of the Parties
[4]. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
[5]. Mr. Dow appeared for Ontario Shores. He advised of the hospital position that Mr. Wang remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is for a continuation of a Detention Order to the Forensic Service of Ontario Shores, or if the Board chose to specify the level of security the hospital is recommending a Detention Order on a Secure Forensic Unit but with discretion given to the person in charge to transfer Mr. Wang to a General Forensic Unit should his condition justify such a transfer.
[6]. Ms. MacDonald appeared for the Attorney General. Ms. MacDonald accepts that it is the Board's responsibility to specify levels of security when making Detention Orders. Ms. MacDonald supports the Board directing a Detention Order on the Secure Forensic Unit. Ms. MacDonald went on to state that she would not be opposed should the Board also give discretion to the hospital to transfer Mr. Wang to a General Forensic Unit should his condition justify such a transfer.
[7]. Ms. Boissonneault appeared for Mr. Wang. Ms. Boissonneault indicated her support for the hospital’s recommendation.
[8]. In response to questions from the Alternate Chair, Ms. Boissonneault accepts that at the present time her client remains a significant threat to public safety as that term is used in the jurisprudence. Ms. Boissonneault also accepts that at the present time a Detention Order on a Secure Forensic Unit is both necessary and appropriate. Ms. Boissonneault submits that there are compelling circumstances that would justify the Board making a Hybrid Order, namely an order directing detention on a Secure Forensic Unit but with discretion given to the person in charge to transfer to a General Forensic Unit should his condition justify such a transfer.
[9]. We note that a Mandarin interpreter was present for this hearing. We do understand that Mr. Wang has some capability using the English language but that his preference today is to have verbatim translation. As a result, the Alternate Chair instructed the interpreter, who was present, to provide verbatim translation.
Index Offence:
[10]. "According to police records, Mr. Wang kicked the victim twice in the back in the kidney area causing the victim severe pain. This attack was quick and without warning. Injuries to the victim included bruising to lower back/kidney area, and blood in urine. The victim was a Registered Nurse at the Scarborough Grace Hospital. Mr. Wang had been arrested under the Mental Health Act and had been held on a Form 3, issued on October 27th, 2006. The accused has a long history of Mental Health issues and (has) been apprehended numerous times under the Mental Health Act. Mr. Wang was released from the hospital into police custody on November 17, 2006. At the time of the Index Offence, Mr. Wang was already the subject of a Probation Order, having been convicted of Assault with a Weapon in July 2006.”
Evidence at Hearing:
[11]. The Board admitted into evidence a number of documents including last year’s Disposition and Reasons and the Decision of the Board dated February 5, 2025 and Reasons. The Board also admitted into evidence the Hospital Report dated March 20, 2025. 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 diagnoses of:
Schizophrenia
Cannabis Use Disorder
[12]. In addition to the documentary evidence, the Board heard from Dr. Harrigan. Dr. Harrigan indicated that she has known Mr. Wang since June of 2022. She became his most responsible physician (MRP) in November of 2024.
[13]. In response to a question from the Alternate Chair, Dr. Harrigan acknowledged that Mr. Wang had been detained at Waypoint for a number of years. He was transferred from Waypoint to Ontario Shores in June of 2016. Subsequently, the hospital requested an early hearing which resulted in the Board returning Mr. Wang to Waypoint. The Board understands that subsequently Mr. Wang was transferred from Waypoint in March of 2022. He was detained in a Secure Forensic Unit known as FARU. Dr. Harrigan also acknowledged that on July 25, 2024, Mr. Wang was transferred from the Secure Forensic Unit (FARU) to a General Forensic Unit (FTU). On October 25, 2024, however, Mr. Wang eloped from the General Unit. He was returned to hospital one or two days later. Shortly thereafter Mr. Wang assaulted two people while on the General Forensic Unit.
[14]. The board is aware that on November 19, 2024 Mr. Wang was transferred from the General Forensic Unit to the Secure Forensic Unit. That transfer was subject to a restriction of liberty hearing referred to above.
[15]. It is Dr. Harrigan’s opinion that at the present time public safety requires Mr. Wang to be detained on a Secure Forensic Unit. The doctor noted that Mr. Wang had been on a waitlist to receive a cognitive assessment. Apparently, he did attend approximately a week ago but Mr. Wang was “ambivalent” about that process.
[16]. Dr. Harrigan noted that last week there was no interpreter present for the cognitive assessment. Dr. Harrigan noted that Mr. Wang is scheduled to meet with the psychologist again next week with respect to the cognitive assessment and that an interpreter will be present to assist with that assessment. Dr. Harrigan put it simply that there is some suspicion of a possible underlying cognitive deficit. The doctor is hopeful that the results of this cognitive assessment may assist the clinical team in tailoring the appropriate program moving forward. Dr. Harrigan noted that the team had not noticed any delusions currently but there is a level of disorganization which continues.
[17]. Dr. Harrigan indicated that there is “some room” to review, and if necessary, change the current medication. The doctor noted the obvious fact of considering any side effects resulting from medication changes.
[18]. The doctor noted that there is a personal behavioral plan in place at the hospital. Mr. Wang gets tokens for appropriate conduct which can subsequently be used by Mr. Wang to obtain things such as an additional hospital and grounds privilege with staff members.
[19]. Dr. Harrigan supports the Board granting a Hybrid Order. Dr. Harrigan accepts that at the present time detention on a Secure Forensic Unit is both necessary and appropriate. On the other hand, Dr. Harrigan recognizes that Mr. Wang was successfully detained on a General Forensic Unit for a number of months. She is also aware of Mr. Wang’s strong desire to return to a General Forensic Unit. The doctor is hopeful that a cognitive assessment will be completed and that it will assist the clinical team in being able to move Mr. Wang to a General Forensic Unit at some time in the future. Dr. Harrigan opined that “it is possible” that Mr. Wang will be ready for a move to the General Forensic Unit at the latter part of the next 12 months.
[20]. In response to questions from Ms. Boissonneault, Dr. Harrigan stated that Mr. Wang is compliant with his medication requirements.
[21]. Ms. Boissonneault referred the doctor to the following paragraph. The doctor accepts the accuracy of this paragraph:
“Mr. Wang continues to be an active participant in his program, engaging in prosocial behaviours such as tolerating denials which were previous triggers for interfering behaviours. Many of his reinforcers are related to spending time with his unit staff, which can easily be transitioned to other units when appropriate.”
[22]. Again, in response to questions from Ms. Boissonneault, Dr. Harrigan agreed that the cognitive assessment might provide evidence that would permit appropriate applications to be made to Developmental Services Ontario for potential funding for Mr. Wang.
[23]. Finally, Dr. Harrigan agreed that the inclusion of the ability to have a possible transfer to the General Forensic Unit would be a “motivator” for Mr. Wang.
[24]. No other evidence was heard at this hearing.
Final Submissions:
[25]. All parties accept that at the present time Mr. Wang remains a significant threat to public safety. All parties agree that at the present time the necessary and appropriate Disposition is a Detention Order on the Secure Forensic Unit. Finally, all parties agree that the necessary and appropriate Disposition would be a Disposition that directed detention on a Secure Forensic Unit but with the ability of the person in charge to transfer Mr. Wang to a General Forensic Unit should his condition justify such a transfer.
Findings of the Board:
[26]. As indicated, ultimately there was a joint position put forward by the parties.
[27]. The Board accepts without reservation that at the present time Mr. Wang remains a significant threat to public safety. This was a very serious index offence. We also note that as recently as last fall Mr. Wang apparently was involved in two separate assaults.
[28]. The Board accepts that at the present time Mr. Wang’s threat to public safety requires that he be detained on a Secure Forensic Unit. We are satisfied that our Disposition should include the ability to transfer Mr. Wang to a General Forensic Unit should his condition justify such a transfer. In this regard, we note firstly that Mr. Wang was appropriately detained in a General Forensic Unit for three months prior to his going AWOL. We also accept that including the ability to transfer will be a significant motivator for Mr. Wang. Under those circumstances, we have no hesitation but to make the Hybrid Order.
[29]. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Wang’s mental condition and his other needs, and Mr. Wang’s reintegration into society.
DATED this 23rd 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