Ontario Review Board
Re: Jonathan Rubio
ORB File No: 8656
Hearing held on: Friday, April 11, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Fromstein
Members: Dr. L.E. Cappe Ms. C. Young Hon. C. Nelson Mr. S. Duffy
Parties Appearing:
Accused: Jonathan Rubio Counsel: Mr. F. Bernhardt
The Person in charge of Hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
AMENDED REASONS FOR DISPOSITION
(Dated June 4, 2025)
Please see the underlined change to original reasons made May 19, 2026.
Introduction
On October 28, 2024, Jonathan Rubio was found not criminally responsible by reason of mental disorder of the following offences: possession of a loaded restricted firearm, possession of a firearm while prohibited, and breach of probation, all contrary to the Criminal Code of Canada.
Mr. Rubio remained on a house arrest bail since December 2023.
On April 11, 2025, Mr. Rubio appeared for his initial hearing before the Ontario Review Board (ORB). He was represented by counsel, Mr. Bernhardt. Mr. Rubio’s mother and his partner were both in attendance at the hearing.
Initial Positions
At the outset of the hearing, the parties were canvassed as to their initial positions. Ms. Warner, on behalf of the hospital, indicated the hospital position that Mr. Rubio meets the threshold test of significant threat to the safety of the public. The hospital recommends a detention order with privileges up to and including ‘to live in the community in approved accommodation.’ Further, conditions would include that he report not less than once per month, that he abstain from the use of substances and submit o turanalysis for testing, and that he not possess any weapon.
Ms. Culp, on behalf of the Crown, supported the hospital position.
Mr. Bernhardt, on behalf of Mr. Rubio, indicated that he concedes the issue of significant threat and that his client’s prime concern is that he be permitted to live in the community.
The issue to be determined at this initial hearing is whether Mr. Rubio represents a significant threat to the safety of the public, and if so, what is the necessary and appropriate disposition to manage his risk that is also that which is the least onerous and least restrictive. For the reasons set out below the Board unanimously adopted the joint position of the parties.
Index Offence
- The details of the index offence are set out in the Hospital Report, in the Agreed Statement of Facts and the Police Synopsis, as follows:
“Agreed Statement of Facts
Jon Rubio
On September 27, 2023, the accused's mother attended 23 Division with a Mental Health Act - Form 2 - Order for Examination, ordering police officers to take the accused into custody and have him assessed by a physician.
Officers attended his last known address and found the scene full of broken glass and smeared blood throughout. A search for the accused began as officers were concern for his well-being. With the help of the accused's family, officers were able to locate the male outside 42 Rexdale Boulevard, in the City of Etobicoke.
The accused was acting erratically and not making sense when speaking with officers. He claimed to be an FBI agent and began resisting as officers were apprehending him under the strength of the Mental Health Act - Form 2.
The accused was placed in handcuffs and officers performed a pat down search. As officers patted him down, the accused stated that he had a gun on him. Officers continued searching the male and found that the male had a shoulder holster inside of his blazer jacket. Officers located 2 fully loaded magazines, in magazine pouches on the left side of the holster, underneath his left arm.
A loaded black 9 mm Walther Creed handgun, was located on the right side of the holster.
The accused was also carrying a pair of handcuffs, 3 knives, and a small walkie talkie radio.
The accused was subsequently placed under arrest, read his rights to counsel, and transported to 23 Division to be held pending a Show Cause hearing.
At the time, Mr. Rubio was bound by a probation order made on November 7, 2022, by the Honourable Justice Colvin that prohibited him from possessing weapons. He was also bound by a weapons prohibition order made on February 22, 2018, by the Honourable Justice Ready.
Evidence at Hearing
- The evidence at the hearing was comprised of the Record, being the Notice of Hearing and the Pre-Hearing Conference Reports of December 11, 2024, and March 5, 2025, and the following Exhibits:
a) Board ordered Assessment, March 25, 2025
b) Agreed Statement of Facts
c) Criminal Record
d) Release Orders
e) Warrant of Committal
f) Warrant Remanding Prisoner dated December 2023
g) Information
h) Report of Dr. Wang regarding criminal responsibility dated July 9, 2024
Dr. Chan, who is a Resident Psychiatrist working with Dr. Choptiany (Mr. Rubio’s most responsible psychiatrist) since 2025, provided expert testimony.
Mr. Rubio’s background is set out in detail in the Assessment Report, Exhibit 1, so it need not be repeated in full. Briefly summarized, Mr. Rubio is currently 31 years of age, born May 18, 1993. His current diagnoses are schizophrenia, cannabis use disorder and alcohol use disorder.
He was raised by his mother, Sandra Rubio, alongside his four younger siblings. His father was in his life until about grade 8 and thereafter only periodically. Mr. Rubio was impacted by his father’s arrest for trafficking in narcotics, but he described his father as “good” when he was around. He has had a good relationship with his mother throughout his life. His mother and his sister have been his sureties on his very strict bail, with which he has fully complied.
After completing high school, he attended a college program in web enterprise and mobile programming. Thereafter he worked in digital marketing for a period of time. He subsequently held employment for approximately eight years in shipping and receiving but was laid off during the COVID pandemic.
Mr. Rubio has been in a relationship with his partner, Ms. Sonia Kelly, since 2020. They have three children together, ages 3, 2 and 10 months and she had three children with her ex-partner who stay with her on weekends. She has described him as having a really good relationship with his young children and also having a good relationship with her older children. Before his arrest for the index offence, he was struggling with alcohol abuse and would disappear on binges and end up in jail. She reported that he also had a history of cocaine abuse since being released from jail in December 2023. He has recently done much better, and the children would welcome him to live at home. Due to Mr. Rubio’s past history of police involvement, psychiatric illness and substance use, her other three children are not currently permitted to be at the home when Mr. Rubio is present. She has indicated that she would like to have Mr. Rubio living with her full time and that the parenting issues will be further addressed in family court.
Psychiatric History
Mr. Rubio was first admitted to hospital for psychiatric issues in October 2020 due to bizarre behaviour and agitation. He ultimately signed himself out of hospital against medical advice. At that time, it was thought that his symptoms could have been related to substance use. He was returned to the hospital later that month on a Form 1 with delusional beliefs of his father trying to harm him. He had been using cannabis daily and cocaine once or twice a month at the time. His mental state improved quickly with antipsychotic medication. It was again opined that he was likely experiencing substance-induced psychosis.
Mr. Rubio was assessed at the Forensic Outpatient Program on December 22, 2023, immediately following his release from jail the day before. Dr. Ray, the attending psychiatrist, diagnosed him as suffering from an unspecified schizophrenia spectrum or other psychotic disorder and increased his dose of antipsychotic medication. It is reported that he stabilized but continued to harbour paranoid persecutory delusional beliefs. Mr. Rubio’s course of care since that time is set out at page 8 of the Hospital Report as well as in collateral information provided by his mother and partner.
Substance Use and Criminal History
Mr. Rubio first began cannabis use when he was in grade 8 and continued smoking up to 7 grams a week as an adult. He reported the last time he has used cannabis was the day of his arrest for the index offence. He is of the view that it contributed to his psychosis and schizophrenia, intensifying them. Mr. Rubio started to drink alcohol in grade 7 and continued on a regular basis. He indicated he stopped a few months before his arrest. There is a history of cocaine use as well.
Mr. Rubio has a criminal record spanning 2012 to 2022 that includes offences of assault as well as fail to provide a sample of breath, impaired driving and drive while prohibited. Mr. Rubio has advised he was first criminally charged as an adult with an assault on his then partner in 2018 after a night of drinking. It has been reported that Mr. Rubio used to binge drink, which worsened during the COVID-19 pandemic. This caused him to act more erratically and with more anger and he would drink to the point of blacking out and he would get into fights with random people.
Recent Course of Treatment
Mr. Rubio was, initially, meeting as an outpatient with Dr. Ray at CAMH every two weeks following his release. His care was since transitioned to Dr. Kantor at Services and Housing in the Province (SHIP) housing in June 2024. He was noted to have multiple ongoing psychotic symptoms, including auditory hallucinations and paranoid delusions. He continued to endorse these symptoms despite compliance with his olanzapine. He had kept up with the majority of his appointments, with the exception of a few during the December holidays. He visits his partner and children in the apartment approximately three times a week.
The hospital sets out Mr. Rubio’s risk factors to include his clinical factors of his mental illness, his historical substance use, limited insight into his illness, history of relationship difficulty although his current relationship is supportive, problems with stress and coping and the fact that his future residence is not yet determined. The hospital summarizes that his significant threat is based on the nature of the index offence, his primary psychotic disorder, substance use history and ongoing limited insight into his illness. It is the view of the hospital that a detention order is that which is the least onerous and least restrictive disposition. The Mental Health Act is insufficient to manage his risk at this time, so a conditional discharge is viewed as not being appropriate.
Mr. Rubio is capable with respect to medication. His current diagnoses are schizophrenia, cannabis and alcohol use disorders.
Evidence of Dr. Chan
Dr. Chan testified. He is in his fifth year of training at the University of Toronto and has worked with Dr. Choptiany since January 2025 and he conducted the assessment to prepare for this hearing. He has otherwise had no role in Mr. Rubio’s care.
Prior to Mr. Rubio being under the treatment of the SHIP team, his care was provided by the FEIS Community Team (Forensic Early Intervention Service). Mr. Rubio is compliant with treatment. His history of substance use has had negative effects on his illness and remains a risk. He has had past relationship issues that have led to charges of domestic violence. The team must be cognizant of those facts as Mr. Rubio hopes to resume residing with his domestic partner.
The prime focus for ongoing support of Mr. Rubio will be the management of his illness through meetings, optimization of his medication and the use of psychiatric treatment strategies to help him to develop his insight. His insight is presently weak with respect to the link between substance use and risk of decompensation and future violence. They will look to ensure that his housing it is appropriate to mitigate his risk. A detention order gives the treatment team the opportunity to do so, and that is necessary because the Mental Health Act is insufficient to mitigate his risk.
Mr. Rubio is currently on oral antipsychotic medication. There is the potential that there will be future changes in the medication as he continues to have residual symptoms despite his full compliance. He experiences ongoing paranoia and related delusions that his family is being tracked by people, but there is no concern that his family members are at any risk. It was noted that Mr. Rubio was on a probation order following a conviction for mischief and fail to comply with an undertaking involving his current partner for which he received an intermittent jail sentence. He had charges with respect to a former partner, but those offences were withdrawn by the Crown.
Mr. Rubio has denied that substance use was a factor in the index offence. Both his partner and his mother indicate that there is at this time no ongoing substance use. Mr. Rubio has been compliant with medication since after his first month of release to the community in 2023 and he has expressed his intention to maintain that compliance. His partner has indicated that he feels some stigma admitting to having schizophrenia, but he has expressed his willingness to continue to accept treatment medication. In the past 15 months he has been involved in no incidents of violence.
Mr. Rubio has been residing with his mother and adult sister for the past three years. Given that the index offence involved family and that his family initially reached out for mental health care for Mr. Rubio, Dr. Chan testified that it would be expected that his mother or sister would advise the treatment team of any future concerns. Dr. Kantor has indicated that he is comfortable with the ongoing management of Mr. Rubio’s care and medication. A Forensic Outpatient Team has not yet been assigned nor a case manager, but they will work closely with Dr. Kantor and the SHIP team. Mr. Rubio is currently being visited at home once a week and has been meeting with Dr. Kantor once a month. The SHIP team also conducts uranalysis.
The frequency of reporting will be determined by Mr. Rubio’s treatment team, but it would be expected that initially he would be reporting weekly despite the provision in the disposition. The frequency requested in the disposition of ‘not less than once per month’ allows flexibility as Mr. Rubio progresses in the upcoming year.
Mr. Rubio previously has engaged in programming with the FEIS team. Further programming will be important based on his history including substance use. Family education also is always important.
The doctor was asked if there might be any medication changes expected in the future. He noted that there is the possibility for medication optimization in the future, in that Mr. Rubio might benefit from long-acting injectable medications to reduce risk of quick deterioration but the present focus is on optimizing his oral medication.
Submissions
Ms. Warner, on behalf of the hospital, submitted that the factors supporting significant threat are set out in the Hospital Report, page 25. It is further informed by his history of physical violence that has arisen in the context of substance use and his psychotic symptoms. Future treatment will address and support his progress. It is recommended that he be allowed to continue to live in the community with the oversight of a Forensic Outpatient Team. He has done quite well following the terms of his strict bail and she commended him for the follow up that he has maintained. He has been compliant with medication and appointments. All of this bodes well for Mr. Rubio’s future progress. She noted that the structure and supervision is being suggested is to augment his continued rehabilitation and reintegration. It is important that he is on the right path.
Ms. Culp, on behalf of the Crown, agreed with the hospital. It is still very early in the Review Board process. She supported the finding of significant risk based on the seriousness of the index offence, his history of violence, particularly to domestic partners and especially as moving back in with his partner is being considered. He has a long-standing use of substances and continuing residual symptoms even while treated. She submitted that a detention order is necessary and appropriate. The hospital needs to approve his housing, and the Mental Health Act is not sufficient in this case.
Mr. Bernhardt reiterated that his client’s key concern is that he wants to continue to live in the community, which is the present plan of the hospital. He noted that the allegations of earlier domestic violence stem from 7 and 13 years previous and that there is not a history of continuing violence. He commended his client for the last 16 months of good behaviour without Ontario Review Board supervision and submitted that he does not need additional supervision to that which has been ongoing.
Analysis and Conclusion
The Board is unanimous in finding that Mr. Rubio represents a significant threat to the safety of the public. We recognize that this is the position of all parties, and we make these findings independently. We do so on reliance of the evidence before us of Mr. Rubio’s history including the index offence and his antecedents that involve violence particularly with respect to domestic partners as well as his history of substance use. He has diagnoses of substance use disorders with respect to alcohol and cannabis. The risk from his mental disorder remains in that he is still suffering symptoms of his disorder.
We further are unanimous in accepting the joint position of the parties that a detention order is the disposition that is necessary and appropriate at this time with the privileges and restrictions that are included. We commend Mr. Rubio for successfully adhering to the strict terms of his bail as well as his engagement with his treatment providers since his release in 2023. He has been in full compliance and has not used substances or alcohol. He is capable with respect to medication and has been fully compliant with same.
The evidence before us is that he continues to have ongoing delusional symptoms despite his medication compliance. He is under the care of Dr. Kantor and the SHIP team and will have the additional supervision of the Forensic Outpatient Team. The goal will be to strengthen his insight while supervising his reintegration in a safe manner. As the hospital counsel pointed out, Mr. Rubio’s compliance to date bodes well for his future success. Mr. Rubio also has the strong support of his family, including his partner, evidenced by both his mother and his partner being present at the hearing. Their engagement and understanding of his illness and challenges is important and supports Mr. Rubio’s successful progress and reintegration.
For all of these reasons we make the order for a detention order with the privileges as set out in the Hospital Report. We make this order in consideration of the primary need to protect the safety of the public, as well as Mr. Rubio’s mental condition, his reintegration into the community and his other needs.
DATED this 4th day of June, 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Fromstein Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board