Re: Nathan Chin
ORB File No: 7357
Hearing held on: Friday, May 9, 2025
Place of hearing: Centre for Addiction and Mental Health, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. T. Verny Dr. G. Nexhipi Mr. K. McKenna Mr. W. Apted
Parties Appearing:
Accused: Nathan Chin Counsel: Mr. A. Schieck
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated June 18, 2025)
Introduction:
On May 23, 2018, Mr. Nathan Chin was found not criminally responsible (“NCR”) on account of mental disorder on a charge of Assault Causing Bodily Harm, contrary to the Criminal Code of Canada (the “Criminal Code”). The following day, on May 24, 2018, Mr. Chin was found NCR on account of mental disorder on a charge of Assault Causing Bodily Harm, contrary to the Criminal Code. Finally, on June 5, 2018, Mr. Chin was again found NCR on account of mental disorder on charges of Assault Peace Officer, Aggravated Assault and Fail to Comply with Probation, all contrary to the Criminal Code.
Mr. Chin is currently subject to a Disposition of the Ontario Review Board (the “ORB” or the “Board”) dated July 12, 2024, pursuant to which he is detained at the General Forensic Unit at the Centre for Addiction & Mental Health (“CAMH” or the “hospital”) subject to privileges up to living in the community in supervised accommodation as approved by the person in charge of the hospital.
On May 9, 2025, a panel of the Board convened a hearing at CAMH to conduct an annual review of Mr. Chin’s Disposition as required by s. 672.81(1) of the Criminal Code. Mr. Chin was present at the hearing with his counsel, Mr. Schieck. Mr. Chin’s father was also in attendance at the hearing.
The issues to be decided at this hearing are whether Mr. Chin meets the test of posing a significant risk to the safety of the public and, if so, a decision as to the necessary and appropriate Disposition to be made in the circumstances, including conditions to be attached to that Disposition, bearing in mind the four factors set out in s. 672.54 of the Criminal Code.
For the reasons set out below, the Board finds that Mr. Chin represents a significant threat to the safety of the public and that the necessary and appropriate Disposition is that he remains subject to his existing Disposition.
Index Offences:
- The circumstances of the index offences are extracted from the Hospital Report to the ORB dated April 21, 2025 (the “Hospital Report”), as follows:
“Assault Causing Bodily Harm
On May 23, 2017, the accused Nathan Chin while located at 700 Gordon Street did assault Dr. Chekkera Shammi during the exit interview located at Ontario Shore.
On this date, Mr. Chin was taking part in an exit interview as