Ontario Review Board
Re: Derrick Fonseca
ORB File No: 7846
Hearing held on: Tuesday, May 13, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. R. Chandrasena Dr. S. Wiseman Mr. E. Siebenmorgan Ms. R. Chopra
Parties Appearing: Accused: Derrick Fonseca Counsel: Ms. C. Whillier
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated June 4, 2025)
Introduction
[1]. Derrick Fonseca, age 69, was on February 9, 2021, found not criminally responsible on account of mental disorder on a charge assault, contrary to the Criminal Code. He is currently on a Detention Order with privileges up to and including living in the community accommodation approved by the person in charge.
[2]. On May 13, 2025, Mr. Fonseca appeared before the Ontario Review Board (the “Board”) at the Southwest Centre for Forensic Mental Health Care (the “hospital”) for his annual hearing. Exhibit 1 was the Hospital Report dated March 21, 2025.
[3]. In preliminary positions, the hospital, supported by Crown counsel, recommended the continuation of a detention order on the current conditions. Ms. C. Whillier, for the patient, was requesting an absolute discharge.
Index Offences
[4]. The circumstances of the index offence are taken from last year's Reasons for Disposition and reproduced as follows:
“Mr. Fonseca engaged in an argument with his wife on August 5, 2019, over her consumption of his left-over soup. He became enraged and slapped her with an open hand on the left side of her face, causing swelling to her eye. She contacted the police. Two previous domestic incidents had been reported to the Toronto Police but were seen as noncriminal in nature. Mr. Fonseca had no criminal record prior to the commission of the index offence."
Following the index offence, Mr. Fonseca was charged with failing to attend court and failing to comply with release conditions (x3) for attending at the home on several occasions while prohibited from doing so.”
[5]. The history and background are well described in the Hospital Report. Mr. Fonseca was raised in India arriving in Canada with his wife and daughter in 1994. He is the sixth of 10 children. He has a university degree from the University of Sheffield, and some technical certifications achieved in Canada. He had a stable employment history until placed on disability benefits. He receives ODSP and CPP.
[6]. Mr. Fonseca and his wife are now divorced. Their daughter resides in Texas. There was domestic violence on the part of both parents.
[7]. Mr. Fonseca’s mental health history dates to 1986. He had several hospital admissions for psychosis. He has a long history of noncompliance with medication.
[8]. Mr. Fonseca has been in a hospital since 2020. When first admitted, he was very unwell, including striking out at a nurse.
Diagnoses
[9]. Schizoaffective Disorder, and
Major Neurocognitive Disorder.
Evidence at Hearing
[10]. Dr. A. Malka, the patient’s psychiatrist, testified. There has been no change in the patient’s illness this year. Mr. Fonseca continues to have delusions and auditory hallucinations. He has a cognitive disorder - vascular dementia. There is a risk of stroke. Although there has been no progression of that disease this year, deterioration is expected. He also has chronic hypertension which is mitigated by medication. Mr. Fonseca presents as quite apathetic which could be related to dementia. Mr. Fonseca's physical health does not impact him now, but it is expected to in future.
[11]. Mr. Fonseca’s daughter is the substitute decision maker.
[12]. Mr. Fonseca's medications are now optimized. His Abilify dose was increased in November. He is medication adherent with staff support. Historically, he has not been adherent.
[13]. Dr. Malka was of the view that the risk of re-offending is low in hospital on a detention order. Mr. Fonseca has no insight into risk. The risk analysis set out at pages 85 to 86 of the Hospital Report was adopted.
[14]. Mr. Fonseca is in a treatment unit with the highest level of privileges. He is not ready for a rehabilitation unit because he is not interested in participating in programming. Recently, there has been a little interest in unit programming. The patient has also interest in attending at the YMCA in future.
[15]. There is no approved person nor readily apparent person who could fulfil that role. There are no community supports in place.
[16]. The hospital was hopeful of Mr. Fonseca being admitted into long term care, but he does not qualify. The hospital is now looking at the possibility of group homes. Mr. Fonseca's personal plan is to return to his family home to live with his ex-wife and his reincarnated mother. The house was put up for sale in the fall to help care for Mr. Fonseca’