Ontario Review Board
Re: Toomas Palo
ORB File No: 3993
Hearing held on: Wednesday, April 9, 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. Fromstein Members: Dr. L.E. Cappe Ms. C. Young Hon. C. Nelson Ms. B. Naegele
Parties Appearing: Accused: Toomas Palo Counsel: Ms. F. Glaizghi
The Person in charge of Hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated June 2, 2025)
Introduction
On May 25, 2004, Thomas Palo was found not criminally responsible (“NCR”) on a Criminal Code (“Code”) charge of uttering a death threat. Mr. Palo is currently subject to a disposition of the Ontario Review Board (the “Board”) dated May 15, 2024, which detains him at the General Forensic Unit at the Centre for Addiction and Mental Health, Toronto with eligible privileges up to including living in the Greater Toronto Area or Keswick, in approved accommodation.
On April 9, 2025, this panel of the Board convened a hearing for Mr. Palo’s annual review pursuant to s. 672.81(1) of the Code. Ms. Warner appeared for the hospital, Ms. Culp for the Crown and Ms. Glaizghi for Mr. Palo. Mr. Palo was not present as it was reported that he was suffering from irritable bowel syndrome and was now living a far distance from the hospital. As there were no objections, Mr. Palo was excused from the hearing pursuant to s. 672.5(10)(a) of the Code.
The issues to be decided at the hearing were, whether Mr. Palo is a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition for the coming year based on a consideration of the factors in s. 672.54 of the Code.
At the outset of the hearing, the parties were asked for their initial positions. Hospital counsel recommended no change to the current detention order disposition. This position was supported by Crown counsel. Counsel for Mr. Palo advised that she agreed with the detention order recommended by the hospital. The matter proceeded as a joint submission.
For the reasons which follow, the Board finds Mr. Palo is a significant threat to the safety of the public, and the necessary and appropriate disposition for the coming year is the one jointly recommended by the parties: a Detention Order and included privileges. The only change is that Mr. Palo is to report to the person in charge of CAMH or his/her designate not less than once a month.
Index Offence
- The circumstances of the index offence are excerpted from last year’s Board Reasons dated June 10, 2024, at paragraph 10 as follows:
“On December 21, 2003, police were called to a hotel by the manager, who was concerned that a guest, Mr. Palo, was refusing to answer his door at one and a half hours past checkout time. The police officers spoke to Mr. Palo, who after some conversation decided to leave. He was in an agitated and drunken state. While riding in the elevator, he turned to one of the police officers and said “You’re dead, you’re dead” and “I’m going to kill you