Re: Nicholas Patrick Love, 2025 CanLII 42616

Ontario Review Board

Re: Nicholas Patrick Love (formerly Nikola Pavlovic)

ORB File No: 5130

Hearing held on: Monday, April 7, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care St. Thomas, Ontario

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

Before:

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

Parties Appearing:

Accused: Nicholas Patrick Love Counsel: Mr. W. Glover

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

Attorney General of Ontario: Counsel: Mr. D. Rows

REASONS FOR DISPOSITION

(Dated May 7, 2025)

Introduction:

1. On July 15, 2008, Nicholas Patrick Love (formerly Nikola Pavlovic) was found not criminally responsible on account of mental disorder (“NCR”) on charges of assaulting a peace officer (x3), escape from lawful custody, and utter a threat to cause death or bodily harm, all contrary to the Criminal Code. Since that time, he has been subject to both Detention and Conditional Discharge Dispositions of the Ontario Review Board (“ORB” or the “Board”). He is currently subject to a Disposition dated April 29, 2024, whereby he is discharged from the Southwest Centre for Forensic Mental Health Care (“Southwest” or the “hospital”) with minimal conditions.

2. On April 7, 2025, a panel of the Board convened at Southwest to conduct Mr. Love’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Love attended the hearing and was represented by counsel.

3. The Hospital Report dated March 11, 2025, was marked as Exhibit 1. In addition to the documentary evidence, Mr. Love’s attending psychiatrist, Dr. Ajay Prakash, gave evidence.

4. The issues to be decided at the hearing were whether Mr. Love continues to meet the test of posing a significant threat to the safety of the public as set out in section 672.5401 of the Criminal Code, and if so, what is the necessary and appropriate Disposition, taking into account the four factors set out in section 672.54 of the Criminal Code.

Position of the Parties:

5. At the outset of the hearing the parties were asked for their initial without prejudice positions. On behalf of the hospital, Ms. Zamprogna took the position that Mr. Love no longer represents a significant threat to the safety of the public and should therefore be absolutely discharged. Mr. Rows concurred on behalf of the Attorney General, as did Mr. Glover on behalf of Mr. Love.

Findings:

6. For the reasons that follow, the panel concluded that the evidence did not establish that Mr. Love continues to pose a significant threat to public safety. Accordingly, pursuant to section 672.54(a) of the Criminal Code, Mr. Love was granted an Absolute Discharge.

Index Offences:

7. The circumstances of the index offences are set out in the Hospital Report at pages 2-3 as follows:

“COUNTS OF UTTER DEATH THREATS OR CAUSE BODILY HARM - DECEMBER 26, 2007 and JANUARY 14^th 2008

On December 26, 2007 the accused telephoned the victim at her home wanting to speak to the victim’s daughter. He stated that his name was Patrick and that he had met the daughter at the mall. Over the next six days the accused continued to call the female victim who is the mother of the victim in question stating that his name was Nick on occasion or Patrick on other occasions. On the 28^th of December 2007, the victim’s mother said to the accused “I don’t know who you are and don’t call again”. Mr. Pavlovic replied “I’m going to kill you”. The victim believed that her daughter had also been involved in an incident at the Sears mall in Chatham, where the accused tried to kiss her while stating his intention to marry her.

On January the 14^th, 2008 the accused, Nikola Pavlovic has spoke to the victim who was the same mother of the same daughter as above described. When the accused was informed by the mother that the daughter was not at home the accused began to yell at the mother stating “I want revenge on your family. I’m going to get a pint of blood from all of your body.” The victim recipient of the threat later advised the police that both she and other family members including the daughter felt threatened and frightened of the accused regarding the above described threats, taking a pint of blood from each of them.

ASSAULT POLICE AND ESCAPE LAWFUL CUSTODY - JANUARY 15, 2008

January 15, 2008, police Constables Carter and Plaquet located the accused at a Windsor Salvation Army Centre. When asked, the accused provided his name as Nicholas Love, stating his date of birth as October 18, 1977. When the officers advised the accused that he was under arrest for uttering threats, the accused punched Constable Carter in the face and then pushed Constable Plaquet out of his way. Mr. Pavlovic then fled the mission centre, pursued on foot by the two police officers. When apprehended and advised that he was under arrest for assaulting police and escaping lawful custody, as well as the original charges of uttering death threats or bodily harm threats against the family members above described, Pavlovic was arrested and transported to Chatham Police Headquarters to await a court bail hearing.

ASSAULT PEACE OFFICER - JANUARY 19, 2008

While being held in custody in the Chatham jail, the accused, Nikola Pavlovic, while being held in a police jail cell, assaulted a peace officer who attended that cell. He was in the process of providing medication to Mr. Pavlovic when the accused became enraged that the corrections officer would not refer to the accused by the name of Pat Love. The accused then struck the officer in the mouth with a closed fist causing a laceration to the interior of the victim’s mouth. The accused was then physically secured by the corrections officer with the assistance of another officer.”

Background:

8. Mr. Love’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Love is a 47-year-old single man with no dependents. He grew up in Windsor and has a younger brother. His parents divorced when he was seven or eight years old, and he lived with his mother until he was 16. He then lived with his father until age 19. He has been periodically estranged from his family although the reasons for this are not well understood.

9. Mr. Love completed high school and part of a business course at college. Very little is known about his employment history, but Mr. Love reported that he worked at Canadian Tire, Sprint Canada, and in factories.

10. Mr. Love has a history of substance use, in particular cannabis, crack cocaine, and crystal methamphetamine.

11. Mr. Love lived in subsidized housing, hostels, and on the streets of Toronto until his arrest.

Criminal History:

12. The Hospital Report outlined Mr. Love’s criminal history. It includes charges of sexual assault, criminal harassment, and escape lawful custody from 2002 that related to the same victim as the index offences. These charges were dismissed. Mr. Love was convicted of sexual assault April 2010. He had followed a teenaged girl to school and asked her to perform oral sex on him, showed her several hypodermic needles related to drug use, tried to kiss her, and touched her buttocks. Mr. Love received a suspended sentence, 18 months’ probation, and a lifetime prohibition order regarding attendance at places where persons under 16 are likely to be present pursuant to section 161 of the Criminal Code. He was also placed on the Sex Offender Registry for 10 years and was prohibited from possessing any weapons.

Psychiatric History:

13. The Hospital Report outlined Mr. Love’s psychiatric history before the index offences as well as under the jurisdiction of the Board in detail, and will not be repeated here. The following paragraph from the Hospital Report provides a summary of Mr. Love’s psychiatric admissions before the index offences (at page 6):

“Mr. Love was reportedly diagnosed as suffering from mental illness difficulties since 1998; however, a formal diagnosis of schizophrenia was not made until the year 2000. He was first hospitalized in May 2000 at Windsor Regional Hospital. He would have been approximately 23 years old at the time. This was followed by an admission to Homewood (Guelph) in July 2000. He subsequently had several admissions/contacts with the Chatham Hospital in 2002 and 2003. His diagnoses included Schizophrenia and Schizoaffective Disorder. He has been followed in the community by the Canadian Mental Health Association. When ill, he has had some self-imposed cutting episodes that were quite severe, as well as other attempts of self-harm (strangulation and overdose). He becomes anxious, depressed and scared. He has no social supports and is often homeless. Compliance with medication and follow up has been poor. Despite the apparent chronicity of his illness, Mr. Love states there is no record of psychiatric hospitalization or criminal involvement in the five years leading up to the index offence(s).”

14. Mr. Love was admitted to Southwest on September 29, 2008 following the NCR finding and a short time at the Waypoint Centre for Mental Health Care. He was discharged to a supervised group home in November 2012, and then moved to an independent apartment in October 2013. Mr. Love did well in the community and was granted conditional discharges in 2014 and 2015. However, he tested positive for substances on multiple occasions in 2015 and was unable to sustain stability in the community. He was readmitted to hospital (at his request) and placed back on a Detention Order. Mr. Love was then discharged to the Clarke Centre, a transitional rehabilitation group home, in December 2015. He was admitted to hospital again in February 2017 as a result of a deteriorating mental state.

15. In February 2018, Mr. Love was discharged to a one bedroom apartment, however he requested a voluntary admission in September 2018 when he admitted to drug use following the death of his mother. It was determined at that time that Mr. Love required more support and was not suitable for an independent apartment. Mr. Love was then in the hospital from 2019 to 2021, and there were multiple incidents of drug use. Clozapine was started in August 2019. Mr. Love had a better year in 2021 following some medication changes and abstinence from substance use. He attended a 12-week concurrent disorder program and a relapse prevention program.

16. Mr. Love was discharged back to the Clarke Centre in June 2021, and then moved to a shared Canadian Mental Health Association (“CMHA”) supported accommodation in November 2022. He has been doing well at that residence with no hospital admissions. Mr. Love was granted a Conditional Discharge last year, and the condition requiring abstinence from substances was also removed.

17. The Hospital Report stated that Mr. Love’s diagnoses are: Schizophrenia; Substance Use Disorder, in remission; Paraphilia (Pedohebephilia); Obsessive Compulsive Traits; and History of Antisocial and Borderline Traits.

Evidence at the Hearing:

18. The Hospital Report stated that Mr. Love continues to reside in the CMHA supported housing with two roommates. CMHA workers check in once per month to make sure the house is in good condition. Over the past year, Mr. Love has not exhibited any positive or negative symptoms of his schizophrenia. His compulsive rituals and routines have been less intense and rigid than in the past. Mr. Love reported that he has not experienced any sexual thoughts or fantasies, and the Lupron injection has been effective as he does not experience any sexual urges. He is noted to have excellent grooming and hygiene, and to engage well with the outreach team. Mr. Love was also noted to be driven, motivated, and engaged in his recovery. He independently picks up his medications, grocery shops, maintains his room, and attends all appointments. He presents with a consistent flat affect and is soft spoken. His daily structure remains organized, well planned, and within his comfort zone.

19. The Hospital Report stated that Mr. Love has good insight into the index offences and reports being deeply sorry for his actions. He also has good insight into his mental illnesses and the need for medication. He accepts his diagnosis of schizophrenia and recognizes that it is a lifelong illness, appreciating that he needs to be on medication forever or he will become unwell. He also has good insight into his diagnosis of pedophilia and his need for Lupron, and states that he is happy to live a life of celibacy. Mr. Love has had no medication changes since entering the community in 2021, and his Clozapine and Lupron levels have remained consistent.

20. The Hospital Report also stated that Mr. Love is “acutely aware of his lifetime prohibition from attending areas in which children under the age of 16 are generally present. He avoids these areas, changing walking routes, routines, or activities to ensure that he follows these expectations” (at page 249).

21. Mr. Love has a general practitioner, endocrinologist, and dentist in the community for his physical needs.

22. The Hospital Report states the following about Mr. Love’s substance use issues (at page 251):

“Mr. Love has a significant substance abuse history, with multiple relapses during his involvement in the forensic mental health system. However, he has not used in over five years, with his last use being in 2020.

Over the last few years, Mr. Love has shown commitment to ongoing abstinence from substances with improved insight. He has remained abstinent with all random urine drug screen having negative results. Mr. Love denies any active cravings and future intention to not use any substances including alcohol (which he had previously identified preference to use if the abstain clause was removed). Mr. Love has managed well with the abstain clause removed, recognizing that he is making this choice of his own volition.

It should be noted that he has abstained despite having roommates who use cannabis regularly. His roommates respect his abstinence and use cannabis in their own room’s and not in the home’s common areas.”

23. Mr. Love also completed the community-based addiction support group through the CMHA- Thames Valley Addiction Services and is able to reach out to his past counsellor if needed.

24. The HCR-20 completed on February 3, 2025 concluded that Mr. Love is at low risk of reoffending in the context of an Absolute Discharge. Last year’s assessment found Mr. Love’s risk to be moderate to high if granted an Absolute Discharge. When asked about this change, Dr. Prakash explained that the risk decreased significantly because of Mr. Love’s continued abstinence following the removal of the abstain clause, and the fact that he now has non-forensic professional supports in place.

25. The Hospital Report stated the following with respect to the Risk Management and Recovery Plan for Mr. Love going forward (at page 256):

“…Mr. Love began a slow transfer into the care to the Ambulatory Care Flex 3 team in December 2024. He had an informal interview with his assigned nurse from the Flex 3 team on December 3, 2024, and the Flex 3 nurse has been present for his injections since that time. The Flex 3 nurse will begin assessing Mr. Love once a month and administering his injections in March 2025. Mr. Love is aware of this plan, is supportive of this, and excited for the opportunity to move forward in his recovery.”

26. Dr. Prakash testified that Mr. Love has been in the forensic system for 17 years. Since 2020, he has had a continued trajectory of wellness and stability. Dr. Prakash reiterated that Mr. Love has not had a hospital admission since his discharge from hospital in 2021, and he continued to do well after the move to his current housing in 2022. Mr. Love is happy in this home and has no plans to move. He can continue to stay there even after an Absolute Discharge.

27. Dr. Prakash testified that Mr. Love has not exhibited positive or negative symptoms of his illness for over two years, and he is compliant with medications and lab work. He has good insight into his diagnoses and the need for medications.

28. Dr. Prakash acknowledged that Mr. Love has had his struggles with addiction, but noted that he has been abstinent since 2020, has completed addictions programming, and has good insight into the risks of substance use. Dr. Prakash highlighted that the abstain clause was removed from Mr. Love’s Disposition last year, and he demonstrated that he is internally motivated to abstain from substance use, even in the context of roommates who use cannabis.

29. In terms of Mr. Love’s diagnosis of paraphilia, Dr. Prakash stated that there have been no issues in the community over the last five years. Mr. Love has good insight into the need for treatment and has continued with Lupron, which is an injectable medication and requires monitoring by an endocrinologist. Dr. Prakash testified that Mr. Love is no longer on the Sex Offender Registry (therefore the annual reporting requirement has expired), but he has internalized the fact that he has a lifetime prohibition on attending places where persons under the age of 16 will be.

30. Dr. Prakash emphasized that Mr. Love has been connected to the Parkwood Ambulatory Team (Ambulatory Care Flex 3) since December 2024, and a gradual transition is taking place. A non-forensic nurse now administers his long-acting injection, and Mr. Love met with his new psychiatrist, Dr. M. Scanavino, on March 25, 2025. The team has also met with Dr. Scanavino (who has access to all the Southwest records) and he is fully aware of Mr. Love’s history and has no concerns taking him on. Dr. Prakash believed that Dr. Scanavino had experience with schizophrenia, addictions, and sexual behaviours. Dr. Prakash also stated that the treatment team will stay in touch with Mr. Love and the Parkwood Ambulatory Team for a few months during the transition period to provide advice and support.

31. Dr. Prakash testified that although the fact that Mr. Love does not have many personal supports is a continuing risk factor, this does not cause Mr. Love distress. He has developed some connection with his roommates. Dr. Prakash also noted that Mr. Love has good financial management, as well as a positive attitude toward authority, including the treatment team. Dr. Prakash testified that in his opinion, Mr. Love no longer represents a significant threat to the safety of the public.

Analysis and Conclusions:

32. Based on the Hospital Report and the evidence of Dr. Prakash, the panel agreed with the joint submission of the parties and concluded that Mr. Love no longer represents a significant threat to the safety of the public. Mr. Love is granted an Absolute Discharge.

33. In coming to this conclusion, the panel carefully considered the decision of the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625 (“Winko”). In that case, the Court stated that a significant threat to the safety of the public must be: more than speculative in nature and supported by the evidence; significant, in the sense of there being a “real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying”; and the conduct giving rise to the harm must be criminal in nature. Further, the Court stated that there must be a positive finding of a significant threat to the safety of the public in order to support restrictions on an NCR accused’s liberty. Anything else, for example uncertainty, cannot suffice.

34. In the Winko case, the Supreme Court of Canada also stated that in coming to a conclusion on the issue of significant threat, a Review Board should closely examine a range of evidence including the circumstances of the original offence, the past and expected course of the accused’s treatment, the present state of the NCR accused’s mental condition, and the NCR accused’s own plans for the future, the support services existing for the NCR accused in the community, and the recommendations provided by experts who have examined the NCR accused.

35. The evidence was clear that Mr. Love has made consistent and sustained improvements in many areas since his discharge to the community in 2021. He has stable housing and is happy there. He has been compliant with medications for his schizophrenia and paraphilia, and the symptoms of his illnesses have remitted. Mr. Love is acutely aware of the lifelong prohibition regarding young people, and there have been no sexually inappropriate behaviours for at least 10 years. Mr. Love appreciates the benefit of medications and that he needs lifelong treatment. He has engaged in addictions programming and has abstained from substances for many years, even when the abstain clause was removed, and in an environment where his roommates use substances. A protective factor is that Mr. Love respects authority and the opinion of his treatment team, and has often sought help on his own.

36. Finally, Mr. Love has robust non-forensic supports in the community, including the CMHA, a general practitioner, an endocrinologist, and now a mental health ambulatory care team who have accepted him into their program. The panel was impressed with the efforts that the treatment team made to transition Mr. Love to a non-forensic psychiatric team, and to work with him to develop a therapeutic rapport. This very much influenced the panel’s decision with respect to the issue of significant threat.

37. It was clear to the panel that Mr. Love has worked very hard in these past few years, and that his recovery, wellness, and stability are very important to him. He is internally motivated to continue to live his life in the community, and the panel wishes him well in this regard.

DATED this 7^th day of May 2025, at the City of Toronto, in the Toronto Region.

Suzanne Clapp Alternate Chair

Office of the Registrar Ontario Review Board