Ontario Review Board
Re: Massimo Rizza
ORB File No: 5354
Hearing held on: Thursday, March 27, 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. L. Banks Members: Dr. P. Prendergast Dr. L.O. Lightfoot Ms. M. Labrosse Mr. A. Bouvier
Parties Appearing: Accused: Massimo Rizza Counsel: Mr. A. Paas
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Ms. N. Engineer
REASONS FOR DISPOSITION
(Dated May 6, 2025)
Introduction:
On May 26th, 2009, Massimo Rizza was found not criminally responsible (“NCR”) on account of mental disorder on a charge of aggravated assault contrary to the Criminal Code of Canada. Since the finding of NCR, Mr. Rizza has remained subject to dispositions of the Ontario Review Board (“ORB”), most recently a Disposition dated May 1, 2024, pursuant to which he was discharged subject to a variety of terms and conditions, including that he report to the person in charge of the Centre for Addiction and Mental Health (“CAMH” or the “hospital”), or his/her designate, not less than once per week and that he refrain from contact or communication, direct or indirect, with the victim of the Index Offence and the witness thereto.
On March 27, 2025, a panel of the ORB convened at CAMH to hold a hearing to review Mr. Rizza’s Disposition. Mr. Rizza was present and was represented by counsel, Mr. A. Paas.
The issues to be decided at this hearing were whether Mr. Rizza continues to meet the test for significant risk to the safety of the public and, if so, a decision as to the least onerous and least restrictive disposition to be made in the circumstances of this accused, including any conditions to be attached to that disposition, bearing in mind the four factors set out in s. 672.54 of the Criminal Code.
For the reasons set out below, the Board was in unanimous agreement that the test for significant threat continued to be met and that the least onerous and least restrictive disposition necessary to manage the risk posed to the public by Mr. Rizza, is that he remains subject to his existing Conditional Discharge.
Index Offence:
- The allegations giving rise to the index offences are set out in last year’s ORB Reasons dated June 6, 2024, as follows:
“On January 27, 2007, Mr. Rizza stabbed the female victim in the back using a knife with a six-inch blade. The victim was a stranger to him and was walking and pushing her young child in a stroller at the time. The knife pierced one of her lungs and lacerated her heart. She required hospitalization for treatment. A witness to the incident called the police and followed Mr. Rizza after the incident.”
Positions of the Parties:
At the commencement of the hearing, all parties were canvassed as to their position. There was no issue among the parties that the test for significant threat continued to be met.
The hospital’s representative recommended that Mr. Rizza continue to be discharged subject to the terms and conditions of his existing Disposition.
Counsel for the Attorney General supported the hospital’s recommendation.
Counsel for Mr. Rizza indicated that his client was seeking an Absolute Discharge.
All parties maintained their respective positions in closing submissions.
Personal History:
- Mr. Rizza’s personal background and history are set out in detail in the Hospital Report to the ORB dated March 17, 2025 and