Re Udo K. Haan, 2025 CanLII 61241

Ontario Review Board

Re: Udo K. Haan

ORB File No: 8227

Hearing held on: Tuesday, June 10, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

Pursuant to: Section 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein Members: Dr. T. Verny Dr. M. Green Ms. K. Tomaszewski Ms. C. Plyley

Parties Appearing:

Accused: Udo K. Haan Counsel: Mr. S.F. Gehl

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Ms. K. Dalrymple

REASONS FOR DECISION AND DISPOSITION

(Dated June 23, 2025)

Introduction:

1. On February 2, 2023, Mr. Udo K. Haan was found not criminally responsible on account of mental disorder, on charges of first-degree murder, arson – reckless disregard for human life and arson – damage to property (x2), both contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. Haan is subject to the terms and conditions of a Disposition of the Ontario Review Board (the “Board”), dated April 17, 2025. Pursuant to this Disposition, he is detained at Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London (“Southwest”).

3. Pursuant to this Disposition, Mr. Haan was permitted to live in the community of Elgin County and Middlesex County, in accommodation approved by the person in charge. This Disposition further provided that Mr. Haan was to “report to the person in charge or their delegate any romantic relationship the accused enters into.”

4. Pursuant to s. 672.56(2) of the Criminal Code, Southwest notified the Board, by letter dated May 21, 2025, that Mr. Haan’s liberty had been restricted: Mr. Haan was re-admitted to hospital, after having been living in the community of St. Thomas, in an independent apartment, supported by the Forensic Outpatient Team.

5. On June 10, 2025, a panel of the Board convened a hearing at Southwest to review the restriction of Mr. Haan’s liberty, pursuant to s. 672.81(2.1) of the Criminal Code.

6. Mr. Haan was present at the hearing and was represented by counsel, Mr. Gehl.

7. A Hospital Report, dated April 29, 2025 (the "Hospital Report"), was entered as Exhibit 1.

8. A ROL Hospital Report ("ROL Report"), dated May 21, 2025, was entered as Exhibit 2.

9. The issues to be decided at this hearing are:

a) to determine whether the hospital’s decision to restrict Mr. Haan’s liberty was warranted, necessary and appropriate at the time of its onset, on April 18, 2025

b) to decide whether Mr. Haan’s ongoing restriction was warranted, necessary and appropriate

c) to consider the proposed amendments to Mr. Haan’s current Disposition, regarding an appropriate no-contact clause with the person known to him as Ms. Anna John and

d) to agree to delete paragraph 4(h) of his current Disposition, which requires him to report to the person in charge, or their delegate, any romantic relationship the accused enters into, and to replace it with a more appropriate clause, as set out in these Reasons and as agreed to by all the parties.

10. For the reasons set out below and based on the expert evidence and opinions before it, the Board concluded that the April 18, 2025, initial restriction of liberty was warranted, necessary and appropriate, as is the ongoing restriction of liberty. In this case, the restriction represented the least onerous, and least restrictive, intervention available.

11. The Board further agreed with the joint submission, to add an appropriate no-contact clause with a person known to Mr. Haan as Anna John, to delete paragraph 4(h) and to replace it with more appropriate wording, as set out in our formal Disposition and as agreed to by all the parties.

Position of the Parties

12. At the outset of the hearing, the parties were canvassed as to their positions. Counsel for all parties agreed that both the initial, and the ongoing, restrictions of liberty were necessary and appropriate; the restriction represented the least onerous, and least restrictive, measure at the time it was imposed, and it continues to do so.

13. All parties jointly agreed to the following changes to his current Disposition:

a) refrain from associating in any way, either directly or indirectly, with the person known to you as Anna John

b) refrain from attending within 5 meters of the person known to you as Anna John;

c) refrain from attending the Common Gym or the Common Pool at 294 Talbot Street, St. Thomas, Ontario;

d) refrain from attending the Common Laundry Room of the residence at 294 Talbot Street, St. Thomas, Ontario on Fridays;

e) refrain from attending the Fourth Floor of 294 Talbot Street, St. Thomas, Ontario

f) refrain from surveilling the person known to you as Anna John, either directly or indirectly, by any electronic, or other, means

14. The parties further agree to delete paragraph 4(h) and to substitute it with the following two clauses:

a) Immediately report all sexual, and non-sexual, relationships with females and any changes to the status of the relationship/friendship to the person in charge or their delegate; and

b) Refrain from surveilling any female either directly or indirectly, by any electronic or other means.

Index Offences:

15. The circumstances giving rise to the Index Offences are extracted from last year’s Board Reasons, as follows:

“On August 22, 2018, at approximately 8:10 a.m. an explosion and subsequent house fire occurred in a residence in the City of Kitchener. While fire fighters were dealing with the blaze they observed the body of a female, later identified as Edresilda Haan, the wife of the accused, in the backyard of the residence. Neighbours located Mr. Haan in the rubble of the rear yard of the residence and removed him to a place of safety where he was treated by paramedics and then transported to hospital for treatment.

The accused and deceased had been together for approximately forty years and had lived in the residence for approximately twenty-five years. They had two adult children, had been experiencing marital issues, and were in the process of separating. Both were employed at Sun Life Financial in Waterloo, Ontario, where the deceased had worked for thirty-eight years.

The explosion at the residence damaged neighbouring properties. When neighbours observed the deceased, she was lying naked on her back on the ground. Her face was blue. Fire department personnel observed a ligature around her neck. Forensic examination was conducted by a pathologist on Edresilda Haan and the cause of her death was determined to be strangulation, with evidence of both manual and ligature strangulation observed. Examination of the trachea showed no smoke inhalation prior to death. The examining physician also noted a broken ankle and other injuries to her legs, which the physician believed occurred post-mortem due to lack of blood flow to the injuries. The pathologist concluded Edresilda Haan was deceased prior to the explosion.

The cause of the damage to the residence was found to be a gas explosion with an extensive fire. The source of the gas was a “drip line” on the furnace in the basement of the residence. The cap for the drip line had been removed to allow the residence to fill with gas. The investigator for the Ontario Fire Marshall’s office concluded the cap could only have been removed by intentional human intervention.

Both Mr. Haan’s children described him to investigators as becoming increasingly paranoid after November 2017. He constantly accused Edresilda of infidelity, claimed his cell phones were being hacked, and twice tried to suicide in May of 2018 by ingesting pills.

The Haan residence was equipped with home surveillance cameras, but police investigation revealed that on the morning of August 22, 2018, the security system was disarmed at 4:41 a.m."

Substance Use History and Psychiatric History:

16. Mr. Haan’s substance use history and psychiatric history are accurately summarized in last year’s Board Reasons, as follows:

“Mr. Haan has an extensive substance use history. He began consuming alcohol at the age of 16 and escalated to daily use drinking up to six beers per day on weekdays and up to 12 beers were day on weekends from his 40s up to the date of the index offences. He began using cannabis when he was 16 and consumed up to five or six “joints” per day.

Mr. Haan had no history of engagement with mental health services before January 2018 although he reported feelings of depression and anxiety since he was a child, and self-medicated his symptoms by using alcohol and cannabis from the age of 16. In January 2018 his family physician referred him to a mental health program for counselling related to “couple/relationship issues”. However, after an initial consultation he cancelled several appointments and did not pursue any further services until May 3 of 2018 when he requested testing for sexually transmitted diseases due to a belief that his wife was unfaithful to him. On May 7, 2018, he made a phone call to the mental health clinic and indicated that he needed an urgent call back to review a criminal matter. He then advised the clinic that the criminal matter related to his wife being part of a prostitution ring connected to organized crime and concerns that he was being monitored and followed by individuals connected to organized crime who met him harm.

On May 15, 2018, Mr. Haan was brought to an emergency department by paramedics after overdosing on a significant amount of Tylenol. The paramedics reportedly advised that he had left a suicide note. Mr. Haan reported that he was feeling paranoid and that someone was watching him and tracking his movements. He was diagnosed with a “psychotic disorder not specified elsewhere, rule out delusional disorder (paranoid)” and reluctantly agreed to a trial of antipsychotic medications. Several days later Mr. Haan reported that his paranoia was “gone” and denied any thoughts of harming himself. He was discharged from hospital after several weeks with a diagnosis of “psychosis and other related disorder, likely worsened by marijuana use” and prescribed antipsychotic medications. However, he was not fully compliant with prescribed medications as he did not believe that he was ill and was doubtful that the medication would bring any benefit to him.”

Course Prior to his Restriction of Liberty:

17. The ROL Report sets out Mr. Haan’s course prior to his readmission to Southwest in detail. The following extracted paragraphs are relevant:

“Mr. Haan had been residing in the community of St. Thomas in an independent apartment located at 614-294 Talbot Street since September 1, 2024. Shortly after being discharged to the Outreach team, Mr. Haan began requesting reductions to his medication (lithium) as he believed his dose of 1150mg was too high. He was hoping to reduce the negative impact lithium has on his thyroid condition and wished to be prescribed the lowest effective dose of the medication. On December 4, 2024, his lithium was reduced to 900mg and then further reduced to 750mg on February 18, 2025, at his request. He was considered treatment capable at that time. As noted in his annual hospital report dated March 10, 2025, the team was questioning whether he might be experiencing breakthrough symptoms after the medication reductions, but it was still in the early days of adjustment and remained uncertain at the time of that report.

Mr. Haan’s annual Ontario Review Board (ORB) hearing occurred on April 10, 2025. The following day, Outreach attempted to contact him to check in after his hearing and to direct him to attend the lab for his lithium level bloodwork. Two calls were made that day, but Mr. Haan did not answer either call. On April 16, 2025, Mr. Haan was not at his apartment for his scheduled appointment with Outreach.”

Reason for Restriction of Liberty:

18. The ROL Report sets out the reason for Mr. Haan’s readmission to Southwest as follows:

“On April 18, 2025, Mr. Haan was apprehended by the St. Thomas Police Department after the female friend, noted above, alleged that he was harassing her. When police arrived at his apartment, they found him drinking beer and smoking joints of cannabis. The Police were aware that Mr. Haan was subject to a detention disposition which included a requirement to abstain from consuming alcohol or drugs and to refrain from having in his possession any incendiary device or material, and therefore he was in violation of this order. As such, he was arrested without incident and the Police brought him to the St. Thomas Elgin General Hospital (STEGH) where he was assessed by Dr. Terry Evans.

After being medically cleared at STEGH, Mr. Haan was transported by Police to the Southwest Centre and admitted to the Rehabilitation Unit B1. He was assessed by the duty doctor, Dr. Dua. During this assessment, Mr. Haan denied the presence of any psychotic symptoms or symptoms of mania. However, his speech was loud, rapid and pressured with a marked flight of ideas. He interrupted Dr. Dua multiple times and became irate a few times when asked to clarify what he had said.”

Course in Hospital Since Mr. Haan’s Readmission:

19. The ROL Report sets out in detail Mr. Haan’s course in hospital since his readmission. The following extracted paragraphs are relevant to this hearing:

“On April 22, 2025, it was noted that Mr. Haan was experiencing an acute decompensation of his unspecified bipolar and related disorder, which was likely primarily triggered by suboptimal treatment and driven by cannabis and alcohol use, along with stressors he was experiencing around the alleged death threat he received.

On April 24, 2025, Dr. Prakash and the B1 treatment team met with Mr. Haan and noted that he continued to be experiencing a substantial mental deterioration characterized by his manic symptoms of pressured speech, circumstantial thinking, flight of ideas, intrusiveness, grandiosity etc.

On April 24, 2025, Dr. Prakash found Mr. Haan incapable of making treatment decisions with respect to his bipolar condition.

Mr. Haan independently contacted psychology services and left a voicemail asking if he could resume psychological treatment after he was readmitted to the hospital. On May 7, 2025, he was escorted to the psychology assessment room for his treatment session. Treatment goals were discussed and Mr. Haan agreed that the following would be useful and appropriate treatment goals: substance use relapse prevention; enhancing coping skills; and supporting him in moving towards community re-integration. Mr. Haan agreed to meet once a week for psychological treatment.

On May 16, 2025, Dr. Ardani met with Mr. Haan to further discuss the fact that he hired a private investigator to follow the female who called the Police to report harassment. When asked if this situation was similar to his historical behaviour when he hired a private investigator to follow people about whom he developed delusional thinking, including his spouse (the victim of his index offence).

On April 24, 2025, Dr. Prakash found Mr. Haan incapable of making treatment decisions with antipsychotic and mood stabilizing medication to treat his mental condition. Mr. Haan contested the finding and a CCB hearing was held on May 5, 2025. The CCB upheld Dr. Prakash’s finding of incapacity. After the CCB hearing, Mr. Haan initially informed the team that he would not be appealing the decision but, when Dr. Ardani explained the plan regarding medications, Mr. Haan changed his mind and decided to appeal the finding. No further medication changes have been made due to the appeal.”

Evidence at the Hearing:

20. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Ajay Prakash. Dr. Prakash testified as follows:

a) He has read, and adopted, the ROL Report.

b) He was Mr. Haan’s attending psychiatrist while Mr. Haan was residing as an outpatient in the community. Mr. Haan was initially readmitted to Unit B1 and has since been transferred to Unit B2. His current psychiatrist is Dr. Mokhber.

c) The reasons for Mr. Haan’s readmission on April 18 are set out in detail in the ROL Report and need not be repeated here.

d) Mr. Haan currently has Level 1 privileges, allowing him 30 minutes off the unit, three times each day. Mr. Haan is engaging in unit programming.

e) Mr. Haan is seeing his psychologist for trauma work.

f) As set out in the ROL Report, Mr. Haan is currently appealing his Consent and Capacity Board ruling that he is incapable to consent to treatment. Therefore, he does not believe that Mr. Haan is currently optimally treated.

g) He confirmed that the Clinical Opinion of Risk and the Risk Re-Offence Scenario as set out in the Hospital Report are still true today.

21. In response to questions from counsel for Mr. Haan, Dr. Prakash testified:

a) Mr. Haan is taking his medications as was previously recommended. He does not believe that Mr. Haan is optimally treated, nor does Dr. Mokhber. It is her opinion that Mr. Haan suffers from a bipolar-type disorder. Mr. Haan believes his issue is more related to depression. The treatment team would like to see Mr. Haan be treated with a more robust mood-stabilizing medication than he is currently receiving.

b) The treatment team is still seeing the effects of his instability. Mr. Haan tends to become more unstable during stressful periods, such as his recent court appearance on June 3.

c) The fluctuations in Mr. Haan’s mental state make it difficult to return him to the community until he is optimally treated.

22. In response to questions from the panel, Dr. Prakash testified as follows:

a) As set out on page 9 of the ROL Report, Mr. Haan has been seeing a psychologist not only for trauma issues, but also for substance relapse prevention, enhancing coping skills, and support towards community reintegration.

b) He agreed that paragraph 26 of last year’s Reasons is still true today: "In response to further questions from panel members Dr Prakash agreed that Mr. Haan was seeking long-term companionship and had engaged in activities such as speed dating, social events and holiday themed meet ups since his discharge. He also agreed that Mr. Haan’s delusions with respect to his wife was one of the significant factors driving the index offences, but that consumption of alcohol and cannabis worsened those delusions."

c) He agreed that alcohol consumption and cannabis use increases Mr. Haan’s risk to the safety of the public.

d) The hospital did not have any other alternatives to readmitting Mr. Haan to Southwest in order to protect the safety of the public.

e) He agreed that the proposed amendments to paragraph 4(h), as agreed to by all the parties, better accomplish the vision of the Board in last year’s Disposition to protect the safety of the public; they are necessary and appropriate.

Analysis and Conclusions:

23. Pursuant to the decision of the Ontario Court of Appeal in R v MLC (2010 ONCR 843), as well as Regina v Campbell (2018 ONCA 141), the Board agrees that a restriction of liberty has taken place. The Board found that the initial restriction of liberty, on April 18, 2025, and the ongoing restriction of liberty, represent the least onerous, and least restrictive, interventions in the circumstances. They were both warranted and necessary for public safety.

24. Mr. Haan was found drinking beer and smoking joints of cannabis in his apartment, contrary to his current Disposition. As set out in the ROL Report, Mr. Haan was experiencing acute decompensation of his unspecified bipolar-related disorder, This decompensation was caused by his sub-optimal treatment and exacerbated by his cannabis and alcohol use and the stressors he was experiencing while living in the community.

25. Mr. Haan continues to remain sub-optimally treated. Therefore, it is necessary for him to remain in hospital until his medication regimen is optimized and he completes the work with his psychotherapist.

26. The Board also agrees with the joint submission that the amendments to the current Disposition, regarding his no-contact with the person known to him as Anna Jones, as well as the replacement of 4(h), are necessary and appropriate.

DATED this 23rd day of June 2025, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein Alternate Chairperson Office of the Registrar Ontario Review Board