Ontario Review Board
Re: Michael Patola
ORB File No: 7634
Hearing held on: Tuesday, March 4, 2025
Place of Hearing: Providence Care Hospital, Kingston
Pursuant to: Section 672.81 (1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Hanbidge
Members: Dr. J. Watts
Dr. J. Cheston
Mr. E. Siebenmorgen
Mr. R. Rainboth
Parties Appearing:
Accused: Michael Patola
Counsel: Mr. M. Rode
The Person in Charge Counsel: Ms. T. Tom
Attorney-General of Ontario: Counsel: Ms. J. Ferguson
REASONS FOR DISPOSITION (Dated May 5, 2025)
Introduction
On November 6, 2019, Michael Patola was found not criminally responsible on account of mental disorder (NCR) on charges of assault and failure to comply with a probation order (x3), contrary to the Criminal Code. Mr. Patola was most recently subject to a Disposition of the Ontario Review Board (“ORB” or “the Board”) dated January 29, 2024 pursuant to which he was ordered discharged on conditions, including that he reside in Kingston, Ontario and report at least weekly to the person in charge (or designate) of the Providence Care Hospital (“PCH” or “the Hospital”).
On Tuesday, March 4, 2025, a panel of the Board convened in person at Providence Care Hospital to conduct a review of Mr. Patola’s Disposition and to make a new Disposition pursuant to section 672.81 (1) of the Criminal Code. Mr. Patola was present and represented by his counsel, Mr. Rode. The issues to be determined at the hearing were whether Mr. Urquhart continues to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate Disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.
Positions of the Parties
- At the commencement of the hearing the parties were requested to provide their initial and “without prejudice” positions with respect to the issues before the Board. The parties jointly submitted that Mr. Patola represented a significant threat to the safety of the public and that the necessary and appropriate Disposition was a Conditional Discharge on the same terms as contained in the existing Disposition. The parties maintained their positions at the conclusion of the evidence.
Evidence at the Hearing
- The evidence at the hearing consisted of the Hospital Report dated February 3, 2025, and the oral evidence of Dr. M. Chan, Mr. Patola’s treating psychiatrist.
Findings
- For the Reasons that follow, the Board accepted the parties’ joint recommendation and found, independently on the evidence, that Mr. Urquhart continues to represent a significant threat to the safety of the public and that the necessary and appropriate Disposition is a Conditional Discharge with the same terms as contained in the Disposition dated January 29, 2024.
Index Offences
- The circumstances surrounding the index offences are contained within the Hospital Report and were conveniently summarized in last year’s Reasons for Disposition. That summary, with slight typographical modifications, is as follows:
“On Friday, August 16, 2019, as a result of three earlier separate criminal court appearances, Mr. Patola was under various periods of probation supervision, all of which required him to keep the peace and be of good behaviour. That morning, at about 6:45 a.m., the adult female victim was walking to her workplace on Princess Street. She observed Mr. Patola in the parking lot of 59 Bath Road, Kington. As she approached the Garden Centre alley way, Mr. Patola began to walk toward her. He proceeded to walk toward her, even after she made a change of direction; he was yelling hysterically and showing a clenched fist. He approached her, to which she immediately put her hands up in a defensive manner and began pleading “I didn’t do anything to you.” Mr. Patola kept approaching the victim until he grabbed both of her hands. She was able to get free and flagged down a passing taxi.
At that time, Mr. Patola left the scene, the victim attended her workplace, but she was too upset to work and her manager sent her home. Police officers were dispatched to the area. They met with the victim at her residence, and she gave them a description of the accused, including his clothing. She was not visibly injured but was visibly distraught, crying and shaking while giving her statement to the officers. Police then patrolled the area and at about 7:55 a.m., saw Mr. Patola, who matched the description just provided, including clothing. He was sitting in front of Circle ‘K’ at the corner of Princess Street and University. He was identified by name and arrested. Subsequently, Mr. Patola was held in custody and ultimately, on September 4, 2019, was admitted to the Providence Care Hospital at Kingston, where he remains on inpatient status.”
Background Information
Mr. Patola’s personal history and psychiatric background are detailed in the Hospital Report. As the Report was entered as an Exhibit and forms part of the evidence, its contents need not be summarized in detail in these Reasons. In brief, Mr. Patola is 46 years of age and was born in Kingston, Ontario. His family struggled with mental health and alcohol dependence issues, and his parents separated when he was quite young. He dropped out of high school in grade 9 and lived with his father in Thunder Bay between the years of 1992 and 1997, and 2000 and 2012. He secured an apprenticeship in bricklaying for approximately 4-5 years and was employed as a warehouse worker and dishwasher for a short period of time. He was previously married and had no children. At the time of the index offences, he had been unemployed and receiving ODSP for approximately ten years
Mr. Patola has a longstanding history of alcohol use, dating to the age of 12. He reported that he was raised by "alcoholic parents" and underwent alcohol rehabilitation in Windsor, Ontario in 2003. Mr. Patola reported that he gave up alcohol and switched to using drugs, including crystal meth, which he had been doing intermittently for 10 years prior to the index offences. Mr. Patola also used tobacco, smoking approximately one pack of cigarettes per day for many years.
According to the Hospital Report (p. 15), Mr. Patola has 15 criminal convictions, beginning in 1997 (when he would have been approximately 19 years old). There is unfortunately no information as to the nature of these convictions or when the underlying offences occurred in relation to the time of the index offences. There is some indication (at p. 6 of the Hospital Report) of assaultive incidents in 2018 and 2019 leading to arrests, charges, and psychiatric admissions, including twice to the PCH Forensic Unit. However, there is no indication whether these incidents led to judicial findings.
Mr. Patola had extensive contact with mental health services, starting in May 2000, when he was 21 years of age. His frequent admissions to hospital largely consisted of worsening psychosis (auditory hallucinations), paranoid delusions, substance use (crystal meth) and nonadherence with medication. At times, prior to his admissions, Mr. Patola’s behaviour was aggressive, assaultive, and threatening towards unsuspecting members of the public.
At the time of the index offences, Mr. Patola was reportedly experiencing persecutory delusions which precipitated the assault. He had also been using crystal methamphetamine a few days prior to the incident.
Brief Summary of Course Under the Board’s Jurisdiction
Following his NCR verdict in November 2019, Mr. Patola was detained at PCH in Kingston. His psychosis reportedly settled slowly with medication treatment but he remained actively symptomatic. Despite restrictions imposed as a result of the pandemic, Mr. Patola was very involved with therapeutic groups, including anger management, CBT for psychosis, substance use support, virtual Alcoholics Anonymous meetings, and DBT. He was also motivated to achieve his high school diploma1 and worked on a senior-level English course prior to being transitioned in June 2021 to supportive housing.
Mr. Patola progressed to full self-administration of his medications by December of 2022, and moved into his own independent apartment on January 1, 2023. Notably, a psychological assessment in November of 2021 indicated that Mr. Patola achieved success in psychosocial therapeutic programming aimed at his management of symptoms and cravings for substances.
Mr. Patola has been cooperative and transparent with his treatment team, including in reporting ongoing or “breakthrough” auditory hallucinations (with persecutory and critical content condemning all aspects of his personality, intelligence, and physical appearance) as well as frequent temptations to engage in alcohol or crystal methamphetamine use. Nevertheless, he was able to maintain his abstinence from substance use and his drug screen results have been consistently negative. He has expressed gratitude for the involvement and support of the forensic system.
Mr. Patola has continued to do generally well over the past reporting year. After 18 months of supported living in the community, he has maintained his own apartment for over two years. Over the past reporting year, however, he has permitted several unhoused individuals to stay in his apartment, one of whom stayed for some time. Unfortunately, some of the individuals were active users of substances. This has been a source of temptation for Mr. Patola and had placed his housing at risk. In addition, one individual brought a female friend along, who stole Mr. Patola’s cell phone. Mr. Patola was not completely transparent with his treatment team about the situation until other patients notified them. The treatment team has strongly advised Mr. Patola to set boundaries and limits in relation to his assistance of others.
Despite having placed himself in situations where he would be tempted to use substances, such as his contact with friends who use stimulant drugs, Mr. Patola has not used drugs, and celebrated another year of abstinence, with negative dug screens. He has continued to attend Narcotics Anonymous (NA). He received a medallion for maintaining his abstinence for five years.
Although Mr. Patola’s schizophrenia is considered well-controlled with his antipsychotic medications, he continues to experience breakthrough symptoms in the form of critical voices or thoughts, and also anxiety. He has managed these symptoms through the use of coping strategies from his therapeutic engagement with Dr. Douglas, a psychologist. Their sessions have been reduced in frequency to monthly.
Mr. Patola struggles with his sleep hygiene/routine, as he tends to go to bed early and wakes up in the middle of the night. Unable to go back to sleep, he goes out of his building to smoke.
Mr. Patola engaged in some short-term employment during the summer of 2024. In addition to supplementing his income, the employment improved his self-esteem and mood, and he is interested in resuming employment when this is available to him.
Mr. Patola structures his time by going to the gym and socializing with his friends. He also visits with his mother, who lives in Kingston, for most holidays. He attends a Jehovah’s Witness Bible study that he has found rewarding, but has found meetings to be stressful, as people are critical of his lifestyle, including his smoking, and he has been discouraged from celebrating Christmas with his family through the giving of gifts.
During the past reporting year, Dr. Christine Rose conducted a review of her psychological risk assessment from 2023. In her review, she quoted the following risk scenarios from that earlier assessment:
Dr. Rose also suggested that Mr. Patola’s treatment team may wish to consider a “timeline” for transitioning his care to a civil mental health team in advance of any recommendation for an Absolute Discharge in his case, noting that from file documentation he benefits from the opportunity to develop rapport with staff over time.
Current Diagnoses
- Mr. Patola’s current diagnoses are listed in the Hospital Report as follows:
chronic schizophrenia;
substance use disorder;
acquired brain injuries;
social anxiety combined with dependent and avoidant personality traits; and
tobacco addiction.
Evidence of Dr. Chan
Dr. Chan gave evidence to supplement the evidence in the Hospital Report, which he adopted. He had been Mr. Patola’s treating psychiatrist for approximately 18 months by the time of the hearing.
Dr. Chan stated that at present, Mr. Patola’s greatest risk factor involves substance use. In his opinion, if granted an Absolute Discharge, Mr. Patola would “drift off” from community support. Although Mr. Patola knows from his prior experience before the index offence that this would be “disastrous” for him, his engagement with friends who use substances over the past reporting year exemplifies the risk about which Dr. Chan is concerned. He adopted, in this regard, Dr. Rose’s formulation, as follows, from p. 26 of the Hospital Report:
Dr. Chan was also asked to comment on Dr. Rose’s suggestion about a timeline for transitioning Mr. Patola to a civil mental health team. Dr. Chan stated that any discussion of this increases Mr. Patola’s anxiety, as he was “down that road before” (involving an ACT team) and did not do well. Whole Dr. Chan thought it was still too early to broach this subject, he envisioned a lengthy period of overlap in Mr. Patola’s care between the forensic team and a civil team.
In response to a panel member’s question, Dr. Chan said that in his opinion, Mr. Patola’s pharmacological treatment has been optimized. His psychotherapeutic work with Dr. Douglas continues, though it has been “pulled back somewhat”.
In response to questions from another panel member, Dr. Chan corrected a statement that he had made early in his evidence, and clarified that it was not he, but rather Dr. Hassan, who had conducted Mr. Patola’s NCR assessment.2 Dr. Chan was, however, involved with earlier forensic unit admissions for Mr. Patola, as mentioned at p. 6 of the Hospital Report.
Dr. Chan testified, in response to further questioning from a panel member, that he was not familiar with Mr. Patola’s criminal record, as alluded to in the Hospital Report (see para. 9, above, in these Reasons). The panel member suggested to counsel for the Attorney General and counsel for the Hospital that it would be important for the panel at the next review of Mr. Patola’s Disposition to have this information.
No further evidence was led following Dr. Chan’s testimony.
Analysis and Conclusions, Significant Threat
Although the issue of significant threat was undisputed at the hearing, the panel nevertheless makes an independent finding that Mr. Patola continues to represent a significant threat to the safety of the public. Mr. Patola has suffered from chronic schizophrenia, complicated by substance abuse, for approximately 25 years. During that time, prior to the index offences, he received treatment for his alcohol abuse but then turned to the consumption of illicit stimulants. He has received treatment, including antipsychotic medication and community mental health follow-up by an ACT team in the past, but was inconsistent in both medication adherence and attending appointments with his care team. The Hospital Report discloses a pattern of assaultive and physically threatening behaviour, of which the index offences form a part. While the available evidence does not indicate that Mr. Patola’s past conduct has occasioned serious physical harm to others, the index offence of assault themselves vividly illustrates the likelihood that any future assaultive behaviour would cause serious psychological harm.
Although Mr. Patola is consistently adherent to his medication, which is considered to have been optimized, he continues to experience breakthrough psychotic symptoms, which thus far, while remaining abstinent from substances, he has been able to manage with the coping skills he has learned through psychotherapeutic intervention. With the support of his forensic team, Mr. Patola has been able to live successfully in his own apartment for over two years. However, absent the ongoing support from this team, Mr. Patola would likely relapse into using illicit substances and suffer psychosis resulting in aggressive and assaultive behaviour towards members of the public. Despite his team’s engagement over the past reporting year, Mr. Patola experienced a significant lapse in judgment that exposed him to a real risk of returning to substance use, and potentially the loss of his home.
Furthermore, the panel accepts and relies upon Dr. Rose’s risk scenarios as quoted above at para. 21. We find that these scenarios are, on the evidence, real risks and not at all speculative.
In concluding that Mr. Patola represents a significant threat to the safety of the public, the panel hastens to reassure him that this finding is not an adverse comment upon Mr. Patola’s character. We note that in the past, he has interpreted this finding in a self-critical fashion. In fact, far from being critical, we note that during his time under the Board’s jurisdiction, Mr. Patola has demonstrated a commendably positive attitude towards his forensic treatment team and a commitment to becoming, and remaining, well. The panel’s finding on the threshold issue for the Board’s continuing jurisdiction is a finding that is grounded in Mr. Patola’s illnesses and the level of risk occasioned by them.
Analysis and Conclusion, Necessary and Appropriate Disposition:
Having satisfied ourselves that Mr. Patola represents a significant threat to the safety of the public, the panel finds, in accord with the parties’ joint position, that the necessary and appropriate Disposition is a Conditional Discharge on the same terms as found in the previous Disposition. Mr. Patola has been subject to the terms of a Conditional Discharge for the previous reporting year. While there has been a significant lapse in judgment, as discussed previously in the evidence, the panel is not satisfied that Mr. Patola’s level of risk has been affected to the point that a change of the Disposition, or the addition of more restrictive conditions, are justified. Overall, we are satisfied that his risk can continue to be managed under the terms of a Conditional Discharge.
The panel wishes Mr. Patola the best of success as he continues on his positive trajectory in the coming year. He has worked very well with his treatment team since being found NCR in 2019 and is to be commended for his openness in seeking team members’ support. He is further to be congratulated on maintaining his abstinence from substances for over five years. This is indeed a significant accomplishment and demonstrates his resolve to maintain his mental health and wellbeing. In reaching our decisions, the panel has examined the evidence from the standpoint of a consideration of the need to protect the public, Mr. Patola’s mental condition and other needs, and his reintegration into the community.
The panel would emphasize, in closing, its request, made during its questions of Dr. Chan, that counsel for the Hospital and counsel for the Attorney General communicate with a view to obtaining a complete account of Mr. Patola’s criminal convictions prior to the commission of the index offences, as well as more detailed information concerning Mr. Patola’s admissions to the Hospital in 2018 and 2019 prior to the index offences. This information should be provided to the Board for its next review of Mr. Patola’s Disposition.
DATED this 5^th^ day of May 2025, at the City of Toronto, in the Toronto Region.
Eric Siebenmorgen
Legal Member
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Office of the Registrar
Ontario Review Board