Re: Riccardo Marsala
ORB File No: 3335
Hearing held on: Tuesday, April 29, 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. C. Finley Members: Dr. P.E. Cook Dr. H. Moulden Mr. B. Garrow Mr. S. Duffy
Parties Appearing: Accused: Riccardo Marsala Counsel: Mr. A. Rai
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Ms. D. Moskovitz
REASONS FOR DISPOSITION
(Dated June 6, 2025)
Introduction
On March 20, 2001, Riccardo Marsala was found not criminally responsible (“NCR”) on account of mental disorder on a charge of utter death threat, contrary to the Criminal Code, (the “Code”).
Mr. Marsala is detained at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH” and/or the “hospital”), under the terms of a Disposition dated May 21, 2024 with discretionary privileges up to and including living in the community in 24-hour supervised accommodation, in the Greater Toronto Area, approved by the person in charge.
On April 29, 2025, the Board convened a hearing, pursuant to s. 672.81(1) of the Code to conduct the annual review of the current Disposition. Mr. Marsala was represented by counsel but declined to attend the hearing. In the circumstances he was excused pursuant to s. 672.5(10)(a) of the Code.
The issues before the Board are whether Mr. Marsala continues to pose a significant risk to the safety of the public, and if so, what is the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Code.
The parties jointly submitted that there be no change to Mr. Marsala’s current Disposition. The issue of significant threat was not contested.
For the reasons that follow the Board finds that Mr. Marsala continues to pose a significant threat to the safety of the public and that his care should continue on the same terms as his current Disposition.
Evidentiary Record
- Dr. Darby co-authored the Hospital Report dated April 9, 2025, Exhibit 1, and testified on behalf of the hospital. No further evidence was adduced at the hearing.
Background
Mr. Marsala’s personal and psychiatric history, including the details of his mental disorder and treatment since being found NCR, are described in detail in the Hospital Report. Briefly, Mr. Marsala is 61 years of age, single with no dependents. Since 2015, he has been living in the community in an all-male 24-hour supervised residence at 903 O’Connor Avenue in Toronto, operated by LOFT Community Services. He has had many brief admissions to hospital since discharge due to persistent psychotic symptoms and disruptive behaviour. His most recent admission was from February 27, 2025 to March 3, 2025.
Mr. Marsala is unemployed and financially supported by Ontario Disability Support Program (ODSP). He is incapable of consenting to psychiatric treatment or managing his financial affairs. He is followed by the Expanded FOPS team under the care of Dr. Darby. Mr. Marsala’s mother is very involved in his care and maintains regular contact with him.
Mr. Marsala’s current diagnoses are Schizophrenia, Substance Use Disorder in remission in a controlled setting, Personality Disorder Unspecified, Rule Out Paraphilic Disorder.
The circumstances surrounding the index offence are described in Board’s reasons for decision dated June 13, 2024, as follows:
“On December 4, 2000 while at his mother’s house Mr. Marsala picked up a knife in the kitchen and then put the knife down. He then told his mother, “I want to kill you”. Mr. Marsala attempted to immediately apologize but his mother called the police and he was arrested.”
- Mr. Marsala had an extensive criminal history before he committed the index offence. His criminal record includes charges of theft and possession of property obtained by crime, possession of illegal substances, sexual assault, and committing an indecent act, as well as several charges for failing to appear in court, breaches of court orders and recognizances.
Course Since Last Annual Review
Mr. Marsala suffers from treatment resistant schizophrenia with negative symptoms. His mental illness also includes significant personality features.
Dr. Darby confirmed that Mr. Marsala continues to have poor insight into his mental illness. At baseline, he reports hearing voices. He is unable to state what the voices are saying, but denies any command hallucinations. He is chronically pre-occupied with religion and often walks around with a Bible. Mr. Marsala’s understanding of the relationship of his index offence to his mental illness and the reason he is under the Board’s jurisdiction is very poor.
Mr. Marsala had multiple ER visits throughout the reporting year - eight at CAMH, 12 to the ER at Michael Garron Hospital and one to Sunnybrook. As noted in the Hospital Report Mr. Marsala usually initiates these visits by calling 911 from his residence or a pay phone nearby, or by simply walking in to the ER. In most instances he reports suicidal ideation and/or requests more medication. He is usually assessed and sent home after a brief stay. However, on the occasions when he is admitted to hospital Mr. Marsala tends to regress, demonstrating sexually inappropriate and dependent behaviours. He appears able to contain his sexually inappropriate behaviour when not actively psychotic, and when he is involved in a structured and supportive environment.
As noted in the Hospital Report, treating Mr. Marsala’s major mental disorder has been complicated by his noncompliance with medication and refusal or inability to actively engage in treatment in the community. His mental disorder is also negatively affected by substance use as evidenced by his past episodes of decompensation and disruptive behaviour. Over the past reporting period he has been compliant with his medications. However, he tested positive for alcohol on three occasions. He is not willing to engage in any structured activity and has few connections with other residents at his house.
In Dr. Darby’s opinion Mr. Marsala continues to pose a significant threat to safety of the public. As noted in the Hospital Report and confirmed by Dr. Darby, the treatment team is unanimous in its opinion that Mr. Marsala’s risk of aggression flows from his active symptoms of psychosis and mania, underlying personality variables exacerbated by active psychosis, problems with insight and sexual disinhibition. His risk of violence would increase in the context of active symptoms of psychosis or mania, in the context of stress, noncompliance with medication, and lack of structure or supervision and proximity to females. Absent appropriate medication treatment, structure and supervision, he remains a significant risk to others, in particular having to regard to his sexually inappropriate behaviour towards females.
Analysis and Conclusions
Having considered all of the evidence and the joint submission presented by the parties the Board finds that Mr. Marsala continues to pose a significant threat to the safety of the public. We agree with the treatment team’s opinion that the risks Mr. Marsala presents to the safety of the public can be properly mitigated if he remains in his current residence under a detention order with EFOPS team support. Thus, we conclude that his care should continue on the same terms as his current Disposition.
In coming to these conclusions, the Board has considered its responsibility pursuant to s. 672.54 of the Code to make a disposition that is necessary and appropriate in the circumstances, taking in to account the safety of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society, and his other needs.
DATED this 6th day of June, 2025, at the City of Toronto, in the Region of Toronto.
Mr. B. Garrow Legal Member
Office of the Registrar Ontario Review Board