Ontario Review Board
Re: Maria Sevilla
ORB File No: 6901/7497
Hearing held on: Monday, April 28, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. G. Beasley
Members: Dr. B. Sheppard (via Zoom) Dr. W. Loza Ms. C. Murray Mr. A. Bouvier
Parties Appearing:
Accused: Maria Sevilla Counsel: Mr. A. Schieck
The person in charge of hospital: Representative: Dr. M. Pearce
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated June 4, 2025)
Introduction
On February 2, 2016, the accused Maria Sevilla, was found unfit to stand trial on two charges of assault, contrary to the Criminal Code of Canada. Following that finding, Ms. Sevilla was found fit to stand trial and was returned to court. On February 15, 2019, she was once again found unfit to stand trial on the same two charges of assault, contrary to the Criminal Code of Canada.
On April 28, 2025, the Ontario Review Board (“ORB”), convened a disposition hearing pursuant to ss. 672.48(1) and 672.81(1) of the Criminal Code. The purpose of the hearing was to review the Disposition dated March 13, 2024, wherein Ms. Sevilla had been found unfit to stand trial and had been ordered detained at the General Forensic Service of the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or the “hospital”). Ms. Sevilla’s Disposition included a full range of privileges up to residing in the community in accommodation approved by the person in charge. At the time of the hearing, Ms. Sevilla was residing in the community in the family home. Ms. Sevilla was present at the hearing and represented by counsel, Mr. Schieck. Counsel for the Attorney General of Ontario was Ms. MacDonald and Dr. Pearce appeared as the representative of the hospital.
Index Offence
- The circumstances of the index offences as taken from last year’s Reasons are as follows:
“On November 2, 2014 at 700 Gordon St. in the Town of Whitby, the accused before the courts, Maria Sevilla assaulted the victim, Vanessa Vella. While working the end of the night shift on the Assessment Stabilization Unit (ASU) of the facility known as Ontario Shores Centre for Mental Health Sciences, Vanessa Vella a nurse on that unit was attacked by the accused, Maria Sevilla. Vella had refused access to her cell phone as per orders and Sevilla took exception to this. Vella was inside the secure nursing station and Sevilla walked up feigning friendliness. Vella opened the door to Sevilla in order to converse with her properly and Sevilla attacked her, forcing Vella to the ground inside the nurse's station. Vella is much smaller in structure than Sevilla and sustained injuries to her neck and scalp as Sevilla climbed on top of her and entwined her fists around Vella's hair, refusing to let go. A Code White was called, and assistance of several employees was required to remove Sevilla from on top of Vella. Vella sought medical attention as a result of this incident, sustaining injuries to her neck, head, and overall bruising to her body.
On December 5, 2014 at 700 Gordon St. in the Town of Whitby, the accused before the courts, Maria Sevilla assaulted Thomas Daniels by using physical force. Thomas Daniels is a nurse at Ontario Shores Centre for Mental Health Sciences and was assigned to Maria Sevilla's care on December 5th, 2014. Maria Sevilla became assaultive and combative during routine care and kicked Daniels in the leg, punched him in the chest area twice with a closed fist. She then resorted to spitting in Daniel's mouth and all over his face and eyes three times. Daniels was unable to calm Sevilla, and she had to be placed in seclusion remaining uncooperative with the duty doctor.”
Current Diagnosis
- Ms. Sevilla’s current diagnosis is Schizoaffective Disorder, Bipolar type.
Criminal Record
- Ms. Sevilla had no prior criminal history before the alleged index offences.
Background and Personal History
- The Hospital Report which was filed as an exhibit at the hearing contains extensive information with respect to Ms. Sevilla’s background and the details will not be repeated in these Reasons. Beginning in 2006, Ms. Sevilla had a number of admissions to psychiatric hospitals due to significant emotional and behavioural problems. She has a history of being noncompliant with antipsychotic medication. She had been a long-time resident of Homes for Special Care and many of her aggressive incidents involved staff or patients at the home. In June of 2017, Ms. Sevilla was placed in the community to reside in her family home where she was supported by an ACT team and the hospital’s outpatient team. Ms. Sevilla has struggled with medication compliance. She is incapable of consenting to her treatment and has little insight into her diagnosis and treatment needs. There have been difficulties with Ms. Sevilla's residence in the family home which have occasionally resulted in discussions by the family about relocating Ms. Sevilla to another residence. Ms. Sevilla has been found unfit to stand trial for many years.
Position of the Parties
- On behalf of the hospital, Dr. Pearce stated that in the opinion of the treatment team Ms. Sevilla remains unfit to stand trial and that there should be no change to the current Disposition. Ms. MacDonald reserved her position until the conclusion of the evidence. Mr. Schieck stated that he could not take a position.
Evidence
The evidence on behalf of the hospital was presented by Dr. Pearce. He is Ms. Sevilla's attending psychiatrist and the author of the Hospital Report which was filed as an exhibit. Dr. Pearce displayed a painting which Ms. Sevilla had prepared for him. Mr. Schieck and Ms. MacDonald also indicated that they had received paintings from Ms. Sevilla. Dr. Pearce stated that Ms. Sevilla had had a good year and continued to receive her antipsychotic medications at the house. He said the most relevant update was that Ms. Sevilla would be moving within a month into Toronto Community Housing. She will be living there with her sister, with whom she has been living for some time in the family home. Although Ms. Sevilla has some anxiety about the move, she will continue to be visited daily by the treatment team. Dr. Pearce stated that it was hoped that this would resolve the intermittent conflict which has arisen about living with her family. Dr. Pearce stated that in his opinion Ms. Sevilla continues to remain unfit to stand trial. Ms. Sevilla does not agree that she has any outstanding criminal charges. Dr. Pearce said that it is possible that Ms. Sevilla may be permanently unfit, but he is not yet willing to offer that as a final opinion.
Ms. MacDonald asked Dr. Pearce about the decision not to consider Ms. Sevilla as permanently unfit. Dr. Pearce stated that there has been some slight progress since last year and there is slightly more room within the pharmacological range to improve fitness. He highlighted that there have been no hospitalizations in the past reporting year. Dr. Pearce stated that even when Ms. Sevilla is residing with her sister in the new residence, the treatment team will continue to monitor her on a daily basis. Dr. Pearce stated that the treatment team must be able to supervise the daily administration of the antipsychotic clozapine because neither of her sisters are in a position to monitor her compliance. The team will continue to work with her in the next reporting year.
In response to questions from Mr. Schieck, Dr. Pearce acknowledged that the recent tragic events involving the Filipino community of Vancouver had been stressful for Ms. Sevilla. The team are mindful of her stress responses to events. Dr. Pearce confirmed that although Ms. Sevilla does not want to take clozapine she is welcoming of the support she receives from the team. With respect to the possibility of medication changes, Dr. Pearce stated that although Ms. Sevilla could receive a higher dose of medication, the team are careful because it can cause sedation and there is also a risk of seizures. The team would want to be careful with the clozapine dosage because it is responsible for putting her into a position where she could reside in the community. Dr. Pearce stated that Ms. Sevilla does have some social network in the community through YMCA and the Pathways program.
In response to questions from the panel, Dr. Pearce stated that it was possible that Ms. Sevilla might be successfully transitioned to an ACT team in the community. When asked again about fitness, Dr. Pearce acknowledged that it was not likely that Ms. Sevilla would ever be fit to stand trial.
Submissions
- At the conclusion of the evidence Ms. MacDonald indicated that she was joining the hospital with respect to the recommendation that Ms. Sevilla continues to be unfit to stand trial, and that the necessary and appropriate Disposition is a continuation of the current Disposition without amendment. Mr. Schieck reiterated that he could not take a position but anticipated that the forthcoming move to a different residence should reduce stressors for his client. He acknowledged that the family have been supportive and that the move itself out of the family home will have its own stress level.
Analysis and Disposition
The Board is unanimous in accepting the recommendation of the hospital as supported by counsel for the Attorney General that Ms. Sevilla remains unfit to stand trial and that the necessary and appropriate Disposition is a continuation of the current Disposition without amendment. As set out in his evidence and the Hospital Report, Dr. Pearce is of the opinion that Ms. Sevilla has no insight into the outstanding charges. She does not believe that she is involved in the forensic mental health system and states that she does not suffer from a mental illness. When the treatment team attempt to discuss her outstanding charges with her in attempts to assess her fitness, she becomes upset and refuses to accept that she has any outstanding charges. Although occasionally able to provide answers to the Taylor test questions, in the opinion of Dr. Pearce her mental state remains brittle, and it is not likely that she could instruct counsel or participate meaningfully in any legal proceeding. The panel unanimously accepts Dr. Pierce’s uncontroverted opinion.
Ms. Sevilla has managed to reside in the community for the past number of years in the family home. At various times this has created stress between Ms. Sevilla and other members of her family. Dr. Pearce advised that shortly after the hearing Ms. Sevilla would be moving into new housing with one of her two sisters. It is hoped that this will significantly reduce the stress of the prior living arrangement while allowing Ms. Sevilla to continue to reside in the community. The panel wishes to express their optimism and best wishes to Ms. Sevilla for this forthcoming change and for the upcoming reporting year.
DATED this 4th day of June 2025, at the City of Toronto, in the Region of Toronto.
Mr. G. Beasley Alternate Chairperson
Office of the Registrar Ontario Review Board