Ontario Review Board
Re: Worawut Choeipho
ORB File No. 8738
Hearing Date: Wednesday, May 7, 2025
Hearing Location: Centre for Addiction and Mental Health, Toronto
Pursuant to: Section 672.47(1) Criminal Code;
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. T. Verny
Dr. G. Nexhipi
Mr. W. Apted
Mr. K. McKenna
Parties Appearing:
Accused: Worawut Choeipho Counsel: Mr. J. Halberstadt
The Person in charge of Hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. M. Feindel
REASONS FOR DISPOSITION
(Dated June 19, 2025)
Introduction
Mr. Choeipho was found not criminally responsible (NCR) on February 25, 2025 for the criminal code offences of fail to comply with probation-2 counts, and possession of a weapon for a purpose dangerous to the public peace.
A panel of the Ontario Review Board (the panel) convened this initial hearing on May 7, 2025, at the Centre for Addiction and Mental Health (CAMH) to make a Disposition pursuant to s. 642.47(1) of the Criminal Code of Canada.
At the commencement of the hearing, the Hospital recommended a detention order with privileges that extend to staff accompanied passes into the community. The Hospital was also recommending terms that included abstinence from substances and testing for substance use, and a weapons prohibition. Crown Counsel and counsel for Mr. Choeipho supported the Hospital’s recommendation.
After considering the evidence, the panel concluded that Mr. Choeipho was a significant threat to the safety of the public, and that a detention order with the terms and conditions recommended by the Hospital was necessary and appropriate.
Index Offences
- The following is the agreed statement of facts presented in court to support the not criminally responsible finding as produced in the Hospital Report dated April 25, 2025.
On March 15th, 2022 the accused Worawut Choeipho entered into an Adult Probation Order in front of Justice M. BELLMORE with one of the conditions being “Do not possess any knives outside your place of residence except for the preparation and consumption of meals or for the purposes of employment.” The probation order had a length of 2 years.
On May 25th, 2023 the accused Worawut Choeipho entered into an Adult Probation Order with Justice W. HORKINS with one of the conditions being “Do not possess any knives outside your place of residence except for the preparation and consumption of meals or for the purposes of employment.” The probation order had a length of 12 months.
On July 8th 2023, at approximately 8:00 PM, the accused Worawut Choeipho was inside TTC Finch Station located at 5174 Yonge Street, Toronto. While near the collector booth, the accused began stabbing at the walls with a pocketknife. The accused was also seen swinging the knife around in the air. A TTC staff member witnessed the incident but was not directly threatened or confronted by the accused. The accused agrees he possessed and used this pocketknife for a purpose dangerous to the public peace.
On July 12th 2023 the accused was arrested on the strength of the Warrant in the 1st. The accused was brought to 32 Division of Toronto Police Service located at 30 Ellerslie Avenue, Toronto, for a show cause hearing. During the search incident to arrest 3 box cutters were found on the accused.
Evidence
The evidence at this hearing consisted of the NCR Assessment Report dated August 27, 2024, the Hospital Report dated April 25, 2025, and the court documentation. Dr. Dupre also testified at these proceedings.
Mr. Choeipho is diagnosed with Schizophrenia and Substance Use Disorder, in remission in a controlled setting.
Mr. Choeipho was admitted to CAMH on March 20, 2025, following the court finding of NCR. He currently resides on the Forensic Assessment and Treatment Unit (FATU), which is a secure forensic unit.
Mr. Choeipho declined to provide any information regarding his family other than to endorse psychotic symptoms that his brother controlled his mind, and paranoid symptoms that his brother wanted to harm him.
Mr. Choeipho was born in Thailand and moved to Canada in 2004. His parents separated when Mr. Choeipho was young, and his mother remarried and had “another family”. His maternal grandmother helped to raise Mr. Choeipho, who described him as a “different kid, who always carried knives around for protection”.
According to file information, Mr. Choeipho was not able to return home to live with his mother following an inpatient hospitalization in May 2020. His mother cares for her other son who was diagnosed with Autism Spectrum Disorder.
Mr. Choeipho declined to provide his personal history, so little is known about his education or employment history.
Mr. Choeipho is single and has no dependents.
According to medical records, Mr. Choeipho began using multiple substances in approximately 2012. The substances included alcohol, heroin, crystal methamphetamine, ecstasy, cocaine, psilocybin, and cannabis.
Approximately eight years ago, Mr. Choeipho’s grandmother, together with a family friend and their pastor, brought Mr. Choeipho to the emergency department at CAMH for psychiatric treatment. He was connected with a social worker and prescribed oral medication. Mr. Choeipho demonstrated poor adherence to treatment, and his mental health continued to deteriorate. Despite the best efforts of his mother and grandmother to accompany him to his medical appointments, he would often abscond.
During this period of time, Mr. Choeipho became transient. He engaged in heavy substance use and exhibited marked paranoia, including delusional beliefs that individuals were trying to kill him as reported by his grandmother. Mr. Choeipho described experiencing auditory hallucinations, and believed that entities in his head posed a threat to himself and others. Throughout this time period he consistently carried a knife on his person.
Approximately six years ago, he attended church and asked for money. Mr. Choeipho appeared dishevelled and was speaking incoherently.
In recent years, Mr. Choeipho’s contact with his mother was limited. He would occasionally visit her home, and she would wash his clothes and provide him with food.
Prior to the index offence, which occurred on July 8, 2023, Mr. Choeipho was admitted to hospital for psychiatric care on approximately 19 occasions. He was often brought to the hospital by the police and admitted under the Mental Health Act after demonstrating bizarre behaviour. Substance use was frequently prevalent. The medical records report Mr. Choeipho responding to internal stimuli, auditory hallucinations, and paranoid and delusional beliefs. On one occasion he ingested 300 edible cannabis tablets. There were also references to Mr. Choeipho being irritable and threatening to hospital staff, and occasionally chemical restraints were required.
Mr. Choeipho was assessed on several occasions while in detention at the Toronto South Detention Centre for criminal responsibility in regard to the index offence by the CAMH Forensic Early Intervention team. He most often spoke quietly and exhibited limited speech. Mr. Choeipho had limited insight or understanding as to the reasons for his detention. On occasion he exhibited marked negative symptoms of his schizophrenia.
During the psychiatric assessment on December 23, 2024, detention centre staff advised that the previous week Mr. Choeipho had attempted to assault a staff member with a toothbrush. When Mr. Choeipho was questioned about the circumstances involved in the attempted assault, he walked away.
Mr. Choeipho has approximately 14 convictions on his criminal record, which includes 4 weapons related convictions and numerous breaches of court orders. There are also 2 drug related convictions.
Drs. Khan and Wilkie, the authors of the NCR Assessment Report, indicate that Mr. Choeipho has exhibited symptoms of psychosis since at least 2015, and was first assessed in a psychiatric setting in 2016. When unwell, he experienced auditory and visual hallucinations, as well as paranoid delusions, believing that others intended to harm him and his loved ones. Even when treated with psychotropic medication, Mr. Choeipho continued to exhibit overt psychotic symptoms, including command hallucinations. As the effect of the long-acting antipsychotic medication diminished, he became increasingly prone to unprovoked violent behaviour.
Upon arrival at CAMH on March 20, 2025, Mr. Choeipho exhibited poverty of speech and significant thought blocking. He is prescribed zuclopenthixol long-acting injectable every 2 weeks, and has been compliant during his hospitalization.
Mr. Choeipho has been generally seclusive to his bedroom, and calm and cooperative with nursing staff. He required locked seclusion on one occasion between April 13 and 14, 2025, after being found angry, posturing, responding to internal stimuli, and not following staff instructions. He did not accept medication and was described as highly disorganized and selectively mute for the remainder of the day. The following day Mr. Choeipho reported that he was concerned about someone cutting his jugular vein.
There have also been concerns with sexually inappropriate comments and behaviour toward female staff. For example, on March 30, 2025, he was pacing around the unit, and when redirected to his room, he stated that he was waiting for a female staff so they could sleep together. On April 3, 2025, he asked a female staff if she would marry him and stated that he had a ring.
Mr. Choeipho displays ongoing disorganized behaviour, including, asking a co-patient repeatedly to show Mr. Choeipho his stomach. Mr. Choeipho believes that he had previously stabbed this patient and wants to see the scars. He asked to see the medical doctor to complain that his rectum was plugged with toilet paper causing constipation. Mr. Choeipho also periodically has periods of time of intense staring.
Mr. Choeipho was questioned about his insight into his illness and treatment. He responded by stating that he does not have a mental illness, and has not been diagnosed with a psychiatric condition. He did not know the illness schizophrenia and did not believe that he had it. Mr. Choeipho was unable to identify his prescribed medication, and did not believe that it was necessary. He did not accept that symptoms of his mental illness, such as hallucinations or delusions, contributed to the index offence.
Mr. Choeipho endorses strong and frequent cravings for crystal methamphetamine. He indicated that he would continue to use this substance if not in hospital, and that he did not believe the crystal methamphetamine contributed to a risk of violent behaviour.
His mother is now an approved visitor and plans to visit in the near future.
A mental status examination was conducted in April 2025. Mr. Choeipho demonstrated significant poverty of speech and apparent thought blocking. There were periods of intense staring. His thought content had some bizarre themes, including sexual and somatic content. He was very guarded about disclosing his internal experiences, and his insight and judgment were very limited and impaired.
A Psychological Assessment was conducted on April 22, 2025. Mr. Choeipho’s global cognitive functioning was rated in the borderline range. His reading skills were comparable to a grade 4 level, which will require future programming materials be tailored to his reading level. The assessor also indicates that Mr. Choeipho appeared wary, suspicious, and socially awkward, which may hamper his ability to engage with staff and programming.
Regarding risk of violent behaviour, the assessor refers to his behaviour as impulsive and aggressive that is unpredictable. His lack of insight, and only a partial response to medication, increase his risk for violent behaviour.
Testimony Dr. J. Dupre
Dr. Dupre testified at this hearing, and her evidence supplemented the information contained in the Hospital Report.
She referred to Mr. Choeipho experiencing numerous psychotic symptoms which have been exacerbated in the past by substance use.
Although he is currently taking his medication, Dr. Dupre testified that Mr. Choeipho does not understand the benefits of medication and the risks of discontinuing his medication.
Dr. Dupre referred to a long history of paranoia and carrying knives on his person for protection. She also confirmed that Mr. Choeipho’s insight into his illness is very limited.
Dr. Dupre stated in answer to a question from the Crown that a person can experience withdrawal from crystal methamphetamine for 12 -36 months.
Dr. Dupre confirmed with counsel for Mr. Choeipho that substance abuse counselling is available for Mr. Choeipho when he is capable of engaging in the programming.
Dr. Dupre advised a panel member that she believes Mr. Choeipho may be able to reside in a general unit before the end of the reporting year, and is therefore, not asking for the Disposition to stipulate that Mr. Choeipho reside in a secure unit.
Dr. Dupre further advised that clozapine will be considered if other medications do not have a salutary effect.
Dr. Dupre indicated, that if the psychotic symptoms stabilize, she would like to assess Mr. Choeipho for a possible neurodevelopmental disorder, such as autism spectrum disorder.
In addressing the issue of significant threat, Dr. Dupre identified that following salient risk factors:
-Mr. Choeipho suffers from a serious major mental illness, and he continues to experience significant active symptoms including paranoia, aggression and disorganization, despite aggressive pharmaceutical treatment;
-He has no insight into his major mental illness and need for treatment in perpetuity or the impact of drug use on his mental state;
-He has a significant history of poly-substance use which has exacerbated the symptoms of his illness;
-He continues to experience cravings for substances and a desire to consume substances;
-He has a history of using weapons aggressively.
Submissions
- At the conclusion of the evidence, the parties reiterated their support for the recommendations of the Hospital.
Analysis
After considering the evidence, the panel accepts that Mr. Choeipho is a significant threat to the safety of the public, and that a detention order is necessary and appropriate.
He has been experiencing numerous psychotic symptoms since he was 19. The effects on his behaviour have been exacerbated by a lengthy history of using various substances. The symptoms include auditory and visual hallucinations, paranoia, delusions, agitation, disorganization, and violent behaviour.
Mr. Choeipho has a very limited understanding of his illness and the need for medication. He has actually stated that he has no mental illness and does not need medication.
The treatment to date has made very little progress, and the Hospital Report refers to his schizophrenia as treatment resistant.
Mr. Choeipho has a criminal record with numerous convictions including 4 convictions for weapons related offences.
Without the oversight of the Hospital, Mr. Choeipho would discontinue taking his medication, his symptoms would become more frequent and intense, and he would behave violently in the community.
It is appropriate to include terms in the Disposition that permit Mr. Choeipho to access the community accompanied by staff, prohibit him from using substances and providing urine samples for testing for substance use, and prohibit him from possessing any weapons.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
DATED this 19^th^ day of June, 2025, at the City of Toronto, in the Toronto Region.
Mr. K. McKenna
Legal Member
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Office of the Registrar
Ontario Review Board