Ontario Review Board
Re: Anthony Nigro
ORB File No: 4185
Hearing held on: Tuesday, March 25, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse Members: Dr. P. Prendergast Dr. L.O. Lightfoot Ms. L. Banks Mr. A. Bouvier
Parties Appearing:
Accused: Anthony Nigro Counsel: Ms. S. Feldman
The person in charge of hospital: Counsel: Ms. A. Feldstein
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated May 6, 2025)
Introduction
On April 26, 2005, Anthony Nigro was found not criminally responsible on account of mental disorder on two counts of criminal harassment, two counts of fail to comply with a recognizance and two counts of fail to comply with a probation order, all contrary to the Criminal Code of Canada.
Mr. Nigro is currently subject to an Ontario Review Board Disposition dated April 22, 2024, which discharges him subject to conditions, including a condition that he reside at 25 Harding Avenue in Toronto, Ontario, that he report to the person in charge of CAMH not less than once every four weeks, a weapons prohibition, that he refrain from contacting the victims of the index offences, and that on his consent, he take treatment pursuant to s. 672.55(1) of the Criminal Code.
On March 25, 2025, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health, Toronto (“CAMH”), hereinafter referred to as the hospital. Mr. Nigro was present for his hearing and represented by counsel, Ms. S. Feldman. A Hospital Report dated March 5, 2025 was entered as Exhibit 1 for the hearing.
The issues for this hearing are whether Mr. Nigro continues to pose a significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition in all of the circumstances.
For the reasons set out below the Board finds that Mr. Nigro no longer poses a significant threat to the safety of the public, and accordingly, we grant him an absolute discharge.
Index Offences
- The details of the index offences are extracted from last year’s Reasons for Disposition, as follows:
“Anthony Nigro and Lauren Marshall were former students of Mother Mary Ward Catholic School. In July 2004, unbeknownst to Ms. Marshall, Mr. Nigro observed her walking in the community. He began telephoning the Marshall residence for the next three months. The calls consisted of either hang-ups or heavy breathing. In September 2004 Mr. Nigro dropped a letter off at the Marshall residence. This caused Ms. Marshall to be concerned for her safety and her father contacted the police. On October 14, 2004, Mr. Nigro was found guilty of criminal harassment and given a conditional discharge and a period of twelve months’ probation.
In January 2005, Mr. Nigro began telephoning the residence of Amy Copping, who had also attended the same school with Mr. Nigro some eight years previously. While in school the two had minimal contact and she had not seen him since. As he had done with Ms. Marshall, Mr. Nigro made telephone calls to Ms. Copping, which consisted of hangups and minimal conversation. Ms. Copping made it perfectly clear to him that she did not want him to call anymore.
On January 30, 2005, Mr. Nigro delivered a letter to the Copping residence that caused Ms. Copping to fear for her safety. He continued telephoning, notwithstanding firm and clear directions to discontinue. When he persisted, the police were contacted and Mr. Nigro was arrested. He ultimately was released on a recognizance with conditions that he not contact anyone in the Copping residence or the Marshall residence.
On March 1, 2005, a letter from Mr. Nigro was received at the Marshall residence. Police were contacted and Mr. Nigro was arrested.”
Background History
Mr. Nigro’s personal, legal and psychiatric history is set out in detail in the Hospital Report. Briefly summarized, Mr. Nigro is 39 years of age and grew up in the Greater Toronto Area in a family home described as chaotic. His family history includes three close relatives diagnosed with major mental disorders.
At an early age, he was diagnosed with a learning disability. In elementary and high school, he had special education support as he experienced academic difficulties, bullying, exclusion, and other social difficulties. He left school having partially completed grade 10. He did not pursue employment and had no outside social contacts.
In the fall of 2004, Mr. Nigro began weekly outpatient psychiatric treatment, apparently as a condition of probation. In December 2004, he was hospitalized for three days after overdosing on his antipsychotic medication; he reported feeling lonely and depressed, and having auditory hallucinations about girls and sex. He was next admitted to CAMH, initially for a court-ordered assessment of criminal responsibility on the index charges, with symptoms of psychosis, suicidal ideation, and what appeared to be cognitive impairment. He was described as shy, very dependent, and having delayed gross motor skills.
Mr. Nigro had numerous medical attendances, relating to physical health complaints and he continues to be followed in the community by cardiologist Dr. Choi. Mr. Nigro has no history, prior to the index offences, of any criminal law involvement.
Under his initial disposition in 2005, Mr. Nigro was detained at CAMH. He was ultimately transitioned, in 2015, after a number of behavioural concerns over the earlier years, to live in the community in a 24-hour supervised transitional residence operated by Christian Horizons. He was initially quickly readmitted to CAMH, while concerns about his personal safety at the residence were addressed and then returned within two months. In February 2021, he moved to a permanent 24-hour supervised and highly supported residence on Harding Avenue in Toronto, also operated by Christian Horizons.
Mr. Nigro has continued residing at the Harding Avenue residence, participating in programs delivered by both the housing agency and CAMH.
Mr. Nigro’s mother died unexpectedly in October 2021. She had been her son’s main support. Mr. Nigro recovered quite quickly after a transient increase in distressing auditory hallucinations, demonstrating his improved distress coping strategies.
Mr. Nigro’s current diagnoses are:
Schizophrenia
Intellectual Disability, mild
Personality Disorder, unspecified
Evidence at the Hearing
The hospital's evidence was presented through the Hospital Report dated March 5, 2025, and through the oral testimony of Dr. H. Meng, who is Mr. Nigro’s attending psychiatrist. This evidence is summarized below.
Dr. Meng adopted the contents of the Hospital Report and advised that Mr. Nigro recently met with his new community psychiatrist, Dr. Diaz, at Humber River Hospital on March 21, 2025. The meeting reportedly went well. Mr. Nigro has started doing his blood work at that clinic which is specialized for clozapine-taking clients. Dr. Meng confirmed that the Humber River Outpatient Psychiatry Clinic is ready for him and that his psychiatric care will be assumed by them once he is no longer under the purview of the ORB.
Overall, Dr. Meng testified that Mr. Nigro has been doing very well since 2021, when he moved into his DSO funded residence operated by Christian Horizons. It is a small residence with only two residents and two 24-hour staff. Dr. Meng describes the residence as being quite lovely and there appears to be less turnover of staff than is usual in supportive residences. They know Mr. Nigro very well, they understand his needs and are very responsive to them. Dr. Meng stated that stable housing is a key risk management factor.
Since moving into that residence, there has been a marked improvement in Mr. Nigro’s behaviour. His ongoing symptoms and intellectual disability typically cause problematic behaviours in situations of stress, including impulsivity and mood lability. Mr. Nigro’s risk flows from those behaviours, including boundary issues like those at the time of the index offences, which led to criminal harassment charges against several female victims.
In the past year Mr. Nigro made only one call to 911 which is a marked improvement from previous years. This is due to the responsiveness of the housing staff during situations that can be destabilizing for Mr. Nigro.
During the past year, the Forensic Outpatient Service support has been decreased, and it has become evident that Mr. Nigro no longer needs a case manager. Mr. Nigro continues to attend his appointments at the hospital but no longer needs the same level of service.
The hospital is of the view that Mr. Nigro’s behaviour and ongoing risk to others are now manageable in the civil system such that he no longer needs the support of the Forensic Outpatient Treatment Team.
Mr. Nigro continues to work at the Salvation Army where they know him well and where he receives additional support. He also continues to attend his DSO programs at Mensana and Corebrook and it is expected that those will continue. Though Mr. Nigro enjoys his work at the Salvation Army, Dr. Meng does not necessarily see that as a long-term endeavour and once that is discontinued it would be replaced with other DSO programming.
Mr. Nigro continues to have a relationship with his sister which can be problematic and stressful for him given that she has her own challenges and often asks him for money. The housing staff ensures that Mr. Nigro has almost weekly contact with her, and occasionally, will get them a take-out meal from Swiss Chalet when they get together. Mr. Nigro’s sister is now residing in a long-term care facility or retirement residence and has relieved Mr. Nigro from the burden of feeling like he should be living with her and/or providing financial support.
Dr. Meng states that it has been a very long tenure for Mr. Nigro under the ORB but that he is now ready to be discharged to the civil system. He has taken some time to progress since being under the ORB; however, he appears to now be in a good position.
In response to questions posted to her by counsel for the Attorney General, Mr. Feindel, Dr. Meng responded as follows:
a) Though Dr. Meng does not believe that Mr. Nigro’s internal coping abilities will change, he has demonstrated a better ability to deal with stressors primarily as a result of the appropriate and quick response of the services that support him. This makes a considerable difference in Mr. Nigro’s ability to cope with stressful situations. The responsiveness of the residence staff also mitigates the need for other interventions as they respond with speed and appropriateness.
b) With respect to Mr. Nigro’s ongoing auditory hallucinations, the residence staff proactively prompt him twice per day about his symptoms to ensure that he is not destabilized by them. This has been a major change as Mr. Nigro is no longer reacting problematically to symptoms as he used to.
c) Dr. Meng confirmed that Mr. Nigro’s sister, who also now lives in a high-supportive housing situation, does live some distance away from her brother but that transportation is provided for them to see each other. Mr. Nigro continues to bear some sense of responsibility towards her.
d) Dr. Meng confirmed that the Harding residence is a viable long-term residence as long as the funding continues. She indicated that this should be Mr. Nigro’s “forever home”.
e) With respect to the index offences, Dr. Meng indicated that Mr. Nigro knows that it is not allowed for him to call people and that will get into trouble if he does. It remains difficult for him to identify why he was making those calls. Mr. Nigro’s ability to reflect on the index offences is very limited. He does not express the same pre-occupations with women even though he is working with more women as part of his community supports. When he does express interest in a woman, Mr. Nigro continues to look for more as he is what is termed as an “intimacy seeker”.
f) If Mr. Nigro is away from his residence longer than planned, the housing staff will contact him by telephone. If Mr. Nigro was to abscond from the residence the housing staff would likely be able to apply for a Form 2 under the Mental Health Act, in addition to the fact that Mr. Nigro is considered a vulnerable person.
g) With respect to the need for medication, Mr. Nigro can articulate that he needs to take medication as he is a suggestable individual. Whether he is internalizing the need for medication is questionable. He is also able to say that if he was to stop taking medication, the voices will come back, he will get in trouble and the police will come.
In response to questions posed to her by counsel for Mr. Nigro, Ms. Feldman, Dr. Meng confirmed that Mr. Nigro has had a cellphone since about 2022. Though he hands his phone in to staff when he is in the house, it is given back to him when he leaves the house. Staff are therefore able to monitor what he does within the residence, and though they likely do not have the legal authority to take away Mr. Nigro’s phone, they are able to do so because he is suggestable.
Dr. Meng confirmed that the last time that Mr. Nigro was inappropriate with a woman was during the COVID-19 outbreak, prior to moving to his new residence. He was contemplating calling this person but was persuaded not to.
Dr. Meng confirmed that despite some heavy losses over the years, including both of his parents and his case worker who passed away in 2023, Mr. Nigro was able to navigate these situations, primarily as a result of the fact that he is well supported by people who know his needs very well. Dr. Meng confirmed that Mr. Nigro no longer talks about wanting to leave his residence.
In response to questions posed to her by members of the panel, Dr. Meng confirmed that outpatient psychiatric services with Humber River are intended to be for the long term.
In the event that he is faced with a stressful situation, Mr. Nigro understands that he must first contact residence staff, followed by the residence manager or the Salvation Army staff that he works with. Next in line would be his psychiatrist and then ultimately 911, in the event of an emergency.
Dr. Meng confirmed that though Mr. Nigro is happy about the prospect of receiving an absolute discharge she is not sure that he really understands the implications of not being under a Board Disposition nor will that it will make much of a change in his life as he will still be complying with the same rules. The more significant change will be that he will no longer be attending CAMH. Given that his contacts with the FOPS have lessened in the last year, this should not be a major adjustment for Mr. Nigro.
No other evidence was presented.
Submissions of Parties
- The Board was presented with a joint submission of all parties that Mr. Nigro no longer poses a significant threat to the safety of the public and can now be fully managed in the civil system such that he should be granted an absolute discharge.
Analysis and Conclusion
Having considered all of the evidence presented at the hearing, and the joint submission of the parties, the Board agrees that Mr. Nigro no longer meets the threshold of significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code of Canada and as further defined by the Supreme Court of Canada in Winko v British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
Mr. Nigro has been stable in the community for several years, since his move to Harding Avenue in 2021. He has demonstrated over the past year that he can manage in the community with minimal support from Forensic Program, as these have been reduced to facilitate the transition to civil mental health supports. Mr. Nigro’s care is being transferred to the Humber River Hospital Outpatient Psychiatric Services, which specializes in providing care to clozapine-taking clients.
Mr. Nigro is doing extremely well in his supportive housing which has only two residents and two full-time 24-hour staff. The staff who work at Harding Avenue know Mr. Nigro well and are able to respond quickly to situations that might otherwise lead to problematic behaviours. This housing seems to be particularly well suited to dual diagnosis patients such a Mr. Nigro, and is available to him in the long term, as long as the requisite funding is ongoing.
The issues arising from Mr. Nigro’s sense of responsibility towards his sister have been resolved as she is now herself in high-supporting housing, which further contributes to his current stability.
Mr. Nigro has been under the Board for a very long time and has had a difficult pathway with many struggles; however, he has integrated well in the community and is maintaining his stability. He benefits from very supportive housing, tailored to his particular needs, and his days are filled with programming and meaningful activities.
We commend the work of the treatment team, Mr. Nigro’s housing support and other DSO programming. On the basis of the evidence before us, we are persuaded that any remaining risk can now be adequately managed by the civil mental health system. Finally, we commend Mr. Nigro for fully availing himself of these resources and wish him all the best.
DATED this 6^th^ day of May, 2025, at the City of Toronto, in the Region of Toronto.
Ms. M. Labrosse Alternate Chairperson Office of the Registrar Ontario Review Board