PUBLICATION BAN
Pursuant to section 672.51 of the Criminal Code of Canada no person shall publish by any means certain disposition information as set out in the Order of the Ontario Review Board dated April 30, 2025
Ontario Review Board
Re: Alexander G. Paribello
ORB File No: 7860
Hearing held on: Monday, March 31, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal Members: Dr. K. Hand Dr. G. Kerry (via Zoom) Ms. M. Chamberlain (via Zoom) Mr. J. Cyr
Parties Appearing:
Accused: Alexander G. Paribello Counsel: Ms. C. Francis (via Zoom)
The person in charge of hospital: Representative: Ms. T. Murdock
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated April 30, 2025)
Introduction
[1]. Alexander G. Paribello was on March 9, 2021, found unfit to stand trial on charges of utter threat to cause death and bodily harm (x2), assault a peace officer, and assault with intent to resist arrest, all contrary to the Criminal Code.
[2]. On March 31, 2025, Mr. Paribello appeared before the Ontario Review Board (the “Board”) from the Waypoint Centre for Mental Health Care (the “hospital”) for his annual review, including a review of his fitness to stand trial.
[3]. The Board had before it as Exhibit 1, a Hospital Report dated February 27, 2025. There was an Order issued by the panel to permit the hearing to proceed in his absence and there is a ban on publication under s. 672.51(3) of the Criminal Code.
[4]. In preliminary positions, the hospital advanced that Mr. Paribello was unfit to stand trial and that the current Disposition and its terms continue to be appropriate. Crown counsel agreed. Counsel for the patient did not take a position on fitness. The Disposition was not contested. By the conclusion of the hearing, the panel found that the patient remained unfit, was likely permanently unfit, and that the current Disposition and its terms remained the most appropriate Disposition.
Index Offences
[5]. The circumstances giving rise to the index offences are taken from last year’s Reasons, as follows:
“Background:
The accused, Alexander Paribello, entered into a Recognizance on March 29, 2020, with Peel Regional Police Service for the charge of Utter Threat to Cause Death times five.
Paribello was also released on a second Undertaking on September 4, 2020, for the charges of Utter Threat to Cause Death times two and Assault with Intent to Resist [Arrest].
Incident:
On October 15, 2020, at 11:20 a.m., Paribello called 9-1-1, stating he was being harassed by the victim of a matter that he was before the Courts on. While on the phone with the call-taker, Paribello was rude and belligerent, and not answering any of the questions asked by the call-taker. The call-taker was unable to take a report from Paribello due to the language and name calling used on the phone, and the call-taker hung up.
At 11:26 a.m., Constable McCourt was dispatched to Paribello’s address to do a wellbeing check and determine if a report is needed. As Constable McCourt drove into the laneway of the apartment complex, prior to reaching the parking lot, Constable McCourt observed Paribello walking down the laneway away from the complex at a fast pace, being chased by the victim, [male victim’s name]. As Constable McCourt exited his police cruiser, [the male victim] yelled to Constable McCourt that Paribello just threatened to kill him with a gun. Constable McCourt yelled at Paribello to stop and Paribello turned around, looked at Constable McCourt and told him that he is going to kill him.
Constable McCourt yelled at Paribello to stop and stated that he is under arrest, and Paribello replied by saying, “No,” and continued walking away. Constable McCourt ran up to Paribello and grabbed his left wrist and again told him he is under arrest.
Paribello turned and punched Constable McCourt, striking him in the upper left shoulder. Constable McCourt attempted to bring Paribello to the ground by pulling his arm towards the ground and tripping him with no success. Paribello continued to actively resist and yelled that he is going to kill Constable McCourt.
Constable McCourt then pushed Paribello away and pointed his Conductive Energy Weapon at Paribello and instructed him to get on the ground or he would be tased.
Paribello complied by getting on his knees and was continuing to yell death threats. Constable McCourt was able to put Paribello on the ground on his stomach and handcuff him without using the Conductive Energy Weapon.
At 11:29 a.m., Paribello was arrested for Uttering Threats times two and Assault with Intent to Resist [Arrest].
Constable Etheridge arrived on scene and took brief custody of Paribello while Constable McCourt ensured that he was unharmed. While Constable Etheridge was standing Paribello up and trying to walk him to a cruiser, Paribello kicked Constable Etheridge in the upper right thigh.
Constable Etheridge then placed Paribello in the back of Constable McCourt’s police cruiser.
At 11:38 a.m., Constable McCourt sat in the front seat of his police cruiser and Paribello again stated that he is going to assault Constable McCourt, and that he is going to shoot him and will take his gun and shoot him with it.
At 11:41 a.m., Constable McCourt read Paribello his Rights to Counsel and Caution, to which he responded by saying, “Karma and faith doesn’t believe what is right and what is wrong. I wish to shoot you so you can appreciate your job a bit more.” Paribello refused to answer if he wants a lawyer [when asked] numerous times.
At 11:45 a.m., Constable McCourt began transporting Paribello to Central Division, where he arrived at 11:55 a.m.
At 12:02 p.m., Paribello was lodged in Cell #13 to be held for [a] Show Cause [Hearing].
Constable McCourt and Constable Etheridge are uninjured and Paribello complained of a small scrape to his right knee, which was observed and documented.”
Diagnoses
[6]. Schizophrenia Autism Spectrum Disorder
Background
[7]. This is extensively canvassed in the Hospital Report and need not be repeated here.
Evidence at Hearing
[8]. Dr. P. Ismail, the patient’s psychiatrist, testified. The patient was assessed for fitness just prior to the hearing. The patient tolerates a fitness discussion very poorly. While conversations begin with pleasantries, as soon as fitness is touched upon, the patient becomes irritable and refuses to respond and disengages.
[9]. In Dr. Ismail’s view, the patient would not be able to meaningfully instruct counsel. Mr. Paribello has a very hard time articulating his position. He can communicate his personal needs. Any discussions with the patient are superficial. Mr. Paribello cannot meaningfully participate in court proceedings. He requires a significant amount of support often involving 1:1 assistance. He is paranoid regarding others.
[10]. Dr. Ismail’s experience with fitness discussions is mirrored when staff try to engage on fitness. The patient has a rapport with a few staff but limited to social matters.
[11]. Mr. Paribello’s autism disorder makes it difficult for him to follow conversations or even make eye contact.
[12]. Mr. Paribello’s substitute decision maker is his father, a practicing physician, who regularly speaks with the patient’s psychiatrist.
[13]. Very recently, Mr. Paribello has been responding to changes somewhat better so that he can tolerate people a little more. An effort is being made to have Mr. Paribello leave his room more.
[14]. Mr. Paribello is very sensitive to sounds. He likes to be by himself. He spends a lot of time pacing in front of his room.
[15]. Mr. Paribello continues to tend to call staff names and threaten them to which staff have become accustomed
[16]. The risk of harm to others is present and unpredictable.
[17]. Moving the patient to a less secure institution would be destabilizing and would impact any prospect of fitness.
[18]. Mr. Paribello has no reality-based understanding of the Court or Board proceedings. While coaching continues regarding fitness, Mr. Paribello lacks the ability to process the information or to recall it.
[19]. Likely, he is permanently unfit.
[20]. Mr. Paribello represents a significant risk to public safety. That is the product of his residual psychosis and autism. Community living is not practical currently.
Analysis
[21]. There is no real dispute that Mr. Paribello lacks fitness to stand trial. Mr. Paribello is unable to engage in substantive discussions about fitness. Unfortunately, fitness coaching has so far proven fruitless. The patient has great difficulty engaging or retaining teachings. His ability to communicate is quite compromised. He cannot meaningfully communicate or provide sustained attention. Significant risk is still prevalent for the reasons found in the oral and written evidence. The conditions that are in place appear to be appropriate.
DATED this 30th 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