Ontario Review Board
Re: Minho Lee
ORB File No: 4815
Hearing held on: Monday, March 24, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(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: Minho Lee Counsel: Mr. A. Confente
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated April 28, 2025)
Introduction
[1]. Minho Lee, age 43, was found not criminally responsible on account of mental disorder on a charge of robbery contrary to the Criminal Code, on June 18, 2007.
[2]. On March 24, 2025, Mr. Lee, who is subject to a Detention Order with privileges up to and including community living in 24-hour supervised accommodation, appeared before the Ontario Review Board (the “Board”) from St. Joseph's Healthcare Hamilton (the “hospital’) for his annual hearing.
[3]. The Board had before it as Exhibit 1, a Hospital Report dated March 10, 2025, and the most recent Disposition and Reasons for Disposition. In preliminary positions, all parties advanced that the current Disposition was necessary and appropriate and the least onerous and restrictive disposition. Mr. Confente, for Mr. Lee, noted that his client had some interest in a transfer to the Centre for Addiction and Mental Health, however, no Rule 13 application had been filed, and that his instructions were not to seek an adjournment, but to proceed with the hearing. By the conclusion of the matter, the panel agreed that the joint submission was sensible and appropriate.
Diagnoses
[4]. The current diagnoses are:
- Schizophrenia
- Stimulant Use Disorder
- Cannabis Use Disorder
- Pedophilia
- Antisocial Personality Traits
- Obsessive Compulsive Disorder
[5]. Mr. Lee is incapable. The Public Guardian and Trustee is the substitute decision maker. Mr. Lee was born in Korea and came to Canada when five. He has no supports here. His parents left for Korea years ago. He was told to leave the family home at 17. In his mid-teens he began with alcohol and cannabis. He started to consume cocaine and other drugs in his twenties. In the years prior to the index offence, he accumulated a lengthy criminal record without attracting lengthy sentences. He had several hospital admissions for mentll disorder prior to the index offences.
Index Offence
[6]. The circumstances giving rise to the index offence are extracted from last year’s Board Reasons, as follows:
“On April 3, 2007, the victim was waiting to use an ATM machine when he was approached by Mr. Lee. Mr. Lee asked the victim to buy him a ticket. The victim refused. The victim made a transaction at the ATM machine and withdrew $300. Mr. Lee stood next to him and approached him when the money was being dispensed. Mr. Lee stepped in and grabbed the money from the machine. The victim forcibly struggled with Mr. Lee in an attempt to prevent him from getting the money. However, he realized that Mr. Lee was overpowering him and feared that he would become injured if he continued to resist. The victim let go of the money. Mr. Lee was about to make an escape when bystanders intervened and restrained Mr. Lee for security and police.”
Evidence at Hearing
[7]. Dr. A. Courtright, the patient’s psychiatrist, testified. She has been Mr. Lee's psychiatrist since July of 2020.
[8]. Dr. Courtright indicated that Mr. Lee's course this past year was much like previous years. Mr. Lee has treatment refractory schizophrenia. His symptoms continue to include hallucinations, sometimes positive, sometimes disturbing. When the hallucinations are present, Mr. Lee often retreats to his room for up to a day.
[9]. Generally, Mr. Lee's behaviour has not been problematic. He avoids conflicts with staff or peers and is medication compliant. Mr. Lee does not participate much in group programs. He has level 2 privileges on the secure ward. He continues to receive 1:1 behavioural therapy.
[10]. There have been no issues regarding sexually inappropriate conduct or with accessing inappropriate erotic material. There si a continuing concern regarding possible elopement. This past September Mr. Lee tried to elope by tailgating another person through the door. There is an extensive history of elopement efforts at the hospital. There also was an incident in January when he was in seclusion, wanted access to his belongings, and became quite agitated.
[11]. Mr. Lee is always willing to meet with his doctor and staff. Typically, he gets along with others.
[12]. The behavioural therapy is focusing on increasing engagement and hygiene. The therapy is attempting to address his impulsivity as that interferes with progress.
[13]. A major goal is to increase Mr. Lee's privilege level. Some years ago, he enjoyed a higher privilege level.
[14]. In the doctor’s view, the current Detention Order is necessary and appropriate. The patient has been on housing waitlists for some time. It is unlikely that Mr. Leeis ready for community living this year. He needs to work up the privilege ladder. Mr. Lee is optimally medicated. He is on a high dose of antipsychotic medication but continues to be treatment refractory. He had previously been on clozapine, but it had to be stopped for medical reasons.
[15]. Mr. Lee continues to be preoccupied with taking substances although he has been substance free this year. Urine tests have all been negative. Recently, he underwent a change in his outlook. He has traditionally seen the Toronto subway system as his home base. Now he seems to think that St. Joseph's Healthcare could be his home base.
[16]. Questions were directed as to whether Mr. Lee was in the most appropriate unit within the hospital. According to Dr. Courtright, he is.
[17]. Mr. Lee does not feel his medications make a difference. While he comprehends schizophrenia is a genuine disease, he insists that the events in his hallucinations are real. His insight into his mental illness was described by Dr. Courtright as “less than superficial.”
[18]. In the upcoming year Mr. Lee's ADHD will continue to be looked at. Any medication change need take into account his appetite for amphetamines.
[19]. There have been no attempts this year to contact family in Korea.
[20]. It appears that the likelihood of community living has weakened over the past few years. Mr. Lee has been impacted by COVID, and his elopement risk continues to be a going concern.
[21]. While pedophilic tendencies are in his history, the doctor believes that that issue should be returned to only as he is becoming closer to release.
[22]. Mr. Lee’s OCD has led to hoarding.
[23]. Mr. Lee’s risk assessment places him at high risk.
Analysis
[24]. Mr. Lee's year has not been unlike past years. Unfortunately, his mental health condition is treatment resistant. The hospital continues to be attempting to address his issues as best as possible. There have been two concerning issues this year: one involving elopement which is a recurrent theme, the other being the continuing interest in substance use and appetite for substances. To Mr. Lee's credit, he has not partaken in substances despite availability. Given this continued risk profile and events during the year, and bearing in mind the joint submission, the panel is of the view that no changes should be made to the current Disposition.
DATED this 28th 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