Re Bin Pan, 2025 CanLII 42615

Ontario Review Board

Re: Bin Pan

ORB File No: 8500

Hearing held on: Friday, April 11, 2025

Place of Hearing: Southwest Centre for Forensic Mental Health Care

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. R. Bigelow Members: Ms. S. Clapp Dr. S. Swaminath Dr. M. Green Ms. C. Plyley

Parties Appearing: Accused: Bin Pan Counsel: Mr. S. Gehl

The person in charge of hospital: Counsel: Ms. J. Zamprogna

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

REASONS FOR DISPOSITION

(Dated May 5, 2025)

Introduction

1. On February 26, 2024, Bin Pan was found not criminally responsible on account of mental disorder (NCR) on charges of attempted murder and assault with a weapon contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board (the Board) dated May 28, 2024, ordering his detention at the Southwest Centre for Forensic Mental Health Care (the Hospital) with privileges up to and including residence in the community of Elgin County in accommodation approved by the person in charge.

2. On Friday, April 11, 2025, the Board convened a hearing to review Mr. Pan’s disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Pan was present at the hearing and represented by counsel, Mr. Gehl. The issues to be determined at the hearing were whether Mr. Pan continued to constitute a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, to determine the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in section 672.54 of the Criminal Code.

Initial Positions of the Parties

3. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that it was the Hospital’s position that Mr. Pan continued to represent a significant threat to the public and that the necessary and appropriate disposition was a continuation of the current detention order with the only changes being to extend the geographic areas in conditions 2(f) and (g) to include Middlesex County, and amending the wording of condition 2(c) and (e) to read “accompanied by staff, or a person or delegate that is approved by the person in charge”.

4. Both Counsel for the Attorney General and counsel for Mr. Pan supported the Hospital recommendation. Counsel for Mr. Pan conceded the issue of significant threat and that a detention order was the necessary and appropriate disposition.

Evidence at the hearing

5. The evidence at the hearing consisted of the Hospital Report dated January 16, 2025, an Update to the Hospital Report dated March 28, 2025, and the oral evidence of Dr. A. Malka, Mr. Pan’s treating psychiatrist.

Findings:

6. For the Reasons that follow, the Board finds that Mr. Pan continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the changes jointly recommended by the parties, as well as removal of the clauses related to substances (clauses 3(b), 4(a) and 4(b)).

Index Offences

7. The circumstances surrounding the index offences as summarized in last year’s Reasons for Disposition are as follows:

The accused, Bin PAN, resides at 12 Hurlbut Place, in the city of Cambridge, with his wife, Yan MAO and 9-year-old son Quentin POON. PAN and Yan MAO also have an adult daughter, Shania POON, who does not reside with them. PAN and Yan MAO have been married for 20 years but have been living separate lives for the past nine years and have not been intimate in that time. Yan MAO and Quinten POON slept upstairs in a bedroom, PAN slept on the main floor of the residence. They have been discussing divorce. PAN works night shifts at the Bimeda factory in Cambridge. PAN does not have a past criminal record. PAN has a history of mental health incidents, which began in January of 2022, which the family believes was triggered by PAN being laid off from work and the Ukraine war. At that time, PAN thought the Chinese Government was targeting him, and he often reported hallucinations, which were focused on being infected with radiation. PAN's family reports that PAN purchased lead-lined items and bright lights to protect himself from radiation. On Thursday, March 23, 2023, PAN stopped going to work because he began to smell burning meat, felt his flesh was burning, and was a biohazard and thought he needed to be cremated.

On the night of Friday, March 24, 2023, Yan MAO was sleeping upstairs at 12 Hurlbut Place, Cambridge. At approximately 11:00p.m, she heard PAN downstairs. She went downstairs to see if PAN planned to go to work and reminded him to call his supervisor to tell them he was not going. As Yan MAO returned upstairs, PAN followed her and directed her into an upstairs bedroom and wanted to have sex. Yan MAO did not want to have sex. PAN insisted, told her not to be afraid and that he did not need to penetrate her. PAN touched Yan MAO with his hands. She allowed him to continue. She did not want PAN to touch her, but she was afraid to stop him because he was stronger than she was, and she was afraid of what he might do. PAN ejaculated. He then let Yan MAO go and left. Yan MAO was not injured, and she then went to sleep.

On the early morning of March 26, 2023, Yan MAO and Quentin POON were sleeping in the upstairs bedroom, and Bin PAN was on the main floor. At approximately 3:00a.m, Yan MAO and Quentin POON woke up to PAN yelling about being pushed down the stairs by his "imaginary friend." Yan MAO went downstairs, while Quentin POON stayed in the bedroom. While on the main floor, Yan MAO called out, telling Quentin POON to call 911 for help. Quentin POON called 911 at 3:18 am and then went downstairs, PAN striking Yan MAO with a bar stool. Quentin POON tried to get PAN to stop but was not able to.

Constable GARDNER and COTTINGHAM arrived on the scene at 3:28 am and were directed to the kitchen by Quentin POON. Inside the kitchen, the officers found Yan MAO lying on the kitchen floor. There was a large amount of blood around her head, and her face was swollen with her eyes swollen shut. Yan MAO was unresponsive and unable to speak but had a pulse and moved. Bin PAN was also located lying on the kitchen floor. He was covered in blood but had no injuries. Officers in the area observed a broken bar stool.

At 3:33a.m, Bin PAN was arrested by Constable GARDNER for assault with a weapon. He was read his Rights to Counsel and Caution, which he indicated he understood and declined to speak with a lawyer. Upon arrest, Bin PAN was saying unusual things, and he was transported to Cambridge Memorial Hospital for a mental health evaluation. Yan MAO was transported to Hamilton General Hospital, where she was treated for the following: fractures to her right facial bone damage behind her eye, brain hemorrhage, multiple head lacerations, air and blood around her lungs, right rib severe displacement, left rib fracture, right scapula fracture, hip fracture, right arm fracture. Constable CHAPMAN accompanied PAN to Cambridge Memorial Hospital. Due to the significant injuries to Yan MAO, Constable COTTINGHAM formed reasonable grounds for the additional charge of attempted murder. Constable COTTINGHAM advised Constable CHAPMAN, and at 5:20a.m, Constable CHAPMAN advised PAN he would also be charged with attempted murder. He was read his Rights to Counsel and Caution, which indicated he understood and declined to speak with a lawyer.

Background Information Regarding the Accused

8. Mr. Pan is currently 52 years of age and was born in China. He immigrated to Canada with his wife in 2003 and has two children, a son 11 years of age and a daughter 20 years of age. Mr. Pan completed five years of postsecondary education in “medical science” and was in the middle of his PhD year at the University of Wuhan when he immigrated to Canada. Since his arrival in Canada Mr. Pan has worked in factories to support his family.

Substance Use History

9. Mr. Pan has no known history of substance use.

Legal History:

10. Mr. Pan had no involvement in the criminal justice system prior to the date of the index offences although he entered a plea of guilty to sexually assaulting his wife several hours prior to the index offences.¹

Psychiatric History

11. Mr. Pan’s first involvement with the mental health system was in March 2022 when he went to hospital seeking support around “exposure to radioactive substances” and feeling threatened by some government agency. On examination it was noted that he was quite disorganized and tangential in his thought process and appeared to have several ideas of reference and persecutory delusions. He was admitted to hospital on a Form 1 and improved significantly upon commencing antipsychotic medications. He was discharged after approximately three weeks with a diagnosis was schizophreniform disorder.

12. Mr. Pan was again admitted to hospital in April 2022 after endorsing delusional thoughts about certain people working for the government who were trying to monitor him. He again improved in hospital and was discharged after approximately three weeks.

13. In July 2022 Mr. Pan was brought to hospital by police after someone called the police expressing concern about Mr. Pan’s erratic driving with a child in the car. Upon admission Mr. Pan was very vague about compliance with medications. He was discharged from hospital with a diagnosis of schizophrenia and referred to the FACT team for follow-up.

14. Mr. Pan’s next admission to hospital was after he was arrested with respect to the index offences.

Current Diagnosis

15. Mr. Pan’s current diagnosis is schizophrenia.

Evidence of Dr. Malka

16. Dr. Malka indicated that she had been Mr. Pan’s attending physician since December 2024 and had read and adopted the contents of the Hospital Report. She noted that it was unusual for an individual to be diagnosed with schizophrenia at 49 years of age and that it was very likely that he had been suffering from that illness for some time prior to his initial hospital admission. Mr. Pan continued to suffer from residual symptoms of his illness and had experienced a slight decompensation in November 2024 when his medications had been reduced in an attempt to deal with side effects.

17. Dr. Malka noted that Mr. Pan’s insight into his illness fluctuates. However, he continues to believe that he could cease to take medication without a return of the symptoms of his illness. He has a history of not adhering to medication. The treatment team is considering a transition from oral to intramuscular medications. A personality assessment has yet to be done.

18. Dr. Malka noted that the HCR – 20 V3 estimated Mr. Pan’s risk for violence as low if managed under a detention disposition either in hospital or while residing in approved accommodation in the community which is a change from last year’s result which provided an estimate of low to moderate risk under a detention order. This is because there have been no incidents of aggression or violence since Mr. Pan has been in the hospital. However, the estimate continues to be for a higher risk if granted an absolute discharge.

19. Dr. Malka indicated that although Mr. Pan has yet to use indirectly supervised passes into the community, in her opinion community living within the next reporting year was possible and that the treatment team would be working towards discharge. The recommendation for expanding the area for potential residence was to increase the options available for discharge into the community. Dr. Malka did not think that this would increase the risk of Mr. Pan contacting his family, noting that Mr. Pan’s family lives in the Kitchener area.

Analysis and Conclusion, Significant Threat:

20. Although the issue of significant threat was not contested at the hearing, the Board nevertheless makes an independent finding that Mr. Pan continues to represent a significant threat to the safety of the public. He suffers from a major mental illness, schizophrenia. Although he reports not experiencing any symptoms of his illness since starting medication a full assessment has been difficult due to his minimal interactions with staff and guardedness. He continues to experience anxiety requiring regular use of PRNs and may have an undiagnosed anxiety disorder. His insight into the index offence, his illness, the need for treatment and the risk of future violence is not fulsome. Although he has been adherent to medication while in hospital, he has a history of nonadherence and has stated that he does not believe symptoms would return if he stopped medication.

21. Mr. Pan has no personal supports in the community and no professional supports outside of his current inpatient treatment team. In the treatment team’s opinion, which the Board accepts, Mr. Pan will require close supervision and monitoring when discharged into the community and continues to require psychotherapeutic and educational programming to better develop his insight.

Analysis and Conclusion, Necessary and Appropriate Disposition:

22. The Board finds that the evidence also amply supports the joint submission that the necessary and appropriate disposition is a continuation of the current detention order with the minor changes to the terms and conditions as recommended by the Hospital. There is no air of reality to consideration of a discharge on conditions. As noted above Mr. Pan has no support either personal or professional in the community and no place to go should he be discharged. Given his lack of insight and history of nonadherence, the Hospital requires the ability to approve accommodation in order to ensure adherence to medication and observe any early signs of decompensation to manage risk which requires a detention order.

23. In light of the evidence that Mr. Pan does not have a history of substance use, the panel decided that it was not necessary or appropriate to continue to include the clauses related to abstinence from substance use and testing in Mr. Pan’s Disposition. None of the parties took issue with this.

DATED this 5th day of May 2025, at the City of Toronto, in the Toronto Region.

Robert Bigelow

Alternate Chairperson

Office of the Registrar

Ontario Review Board

¹ Although the Hospital report indicates Mr. Pan was charged with "reckless driving” resulting in his being brought to hospital by police in July 2022, there is no clear evidence as to whether the charge was under the Highway Traffic Act or Criminal Code or what may have been the final disposition.