Re Evgueni Londonenko, 2025 CanLII 69693

Ontario Review Board

Re: Evgueni Londonenko

ORB File No: 7528

Hearing held on: Monday, June 16, 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: Ms. S. Kert Members: Dr. T. Verny Dr. J.C. Rose Ms. K. Tomaszewski Ms. C. Plyley

Parties Appearing:

Accused: Evgueni Londonenko Counsel: Mr. A. Prevost

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

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

REASONS FOR DISPOSITION

(Dated July 18, 2025)

Overview

1On April 16, 2019, Evgueni Londonenko was found not criminally responsible on account of mental disorder (NCR) on Criminal Code charges of aggravated assault and assault with a weapon. Mr. Londonenko is currently subject to a disposition of the Ontario Review Board dated June 27, 2024, detaining him at the Southwest Centre for Forensic Mental Health Care (Southwest Centre), and permitting him privileges extending to living in the community of Elgin/Middlesex in accommodation approved by the person in charge.

2On June 16, 2025, this panel of the Review Board convened in-person at the Southwest Centre to hold a hearing and review that disposition. Mr. Londonenko was present and represented by his lawyer, Mr. A. Prevost.

3The issues to be decided at this hearing are whether Mr. Londonenko meets the test of posing a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition to manage that risk, considering the four factors in s. 672.54 of the Criminal Code.

4At the conclusion of the hearing, we were presented with a joint position. None of the parties contested a finding of significant threat, and the parties submitted that Mr. Londonenko should be discharged subject to conditions including (but not limited to): i) that on his consent he take such treatment as recommended by the person in charge of the Southwest Centre or their designate; and ii) that he report to the person in charge or their designate not less than four times per month.

5We agree with the joint position of the parties both on the issue of significant threat and disposition. These are our reasons.

Background and Index Offences

6Mr. Londonenko was 46 years old at the time of the hearing. He immigrated to Canada from Moldova in 1995, together with his grandmother and younger brother. His parents joined them several years later. He has a grade 11 education, worked in construction for a time and did some cleaning work. He began receiving ODSP after a motor vehicle accident in 2003, when he sustained serious injuries, including a head injury. He was 24 years old at the time of the accident. In 2009, he was awarded income replacement benefits as a result of the motor vehicle accident.

7Prior to the accident, Mr. Londonenko did not have a problem with substance use. After the accident however, he was treated for chronic pain, depression, anxiety, and PTSD. He began to self-medicate with substances, engaging in significant alcohol and drug use, including marijuana and crystal methamphetamine. In 2009 and 2010, he was treated at Bellwood Health Services and Westover Treatment Centre for alcohol dependence and substance abuse, but was unable to maintain abstinence from drugs and alcohol when discharged to the community. It is notable that he appears to have been using crystal methamphetamine, alcohol and prescription drugs just before the index offences.

8After sustaining the head injury, Mr. Londonenko became involved with the criminal justice system. He has a criminal record commencing in 2007, including convictions for mischief, impaired driving, criminal harassment, assault, and aggravated assault, as well as multiple failures to comply with probation and other court orders.

9His history of psychiatric/psychological contacts also post-dates the motor vehicle accident. In July 2003, shortly after the accident (and head injury), he was first assessed by a psychologist who subsequently provided him with extensive psychological treatment and services. At times he was also involved with the CMHA and presented over the years to various emergency rooms. His current diagnoses are schizophrenia; generalized anxiety disorder; substance use disorder, in remission; and a provisional diagnosis of neurocognitive disorder secondary to traumatic bran injury.

10The index offences occurred on March 4, 2018. Briefly, the index offence of aggravated assault arose after Mr. Londonenko and an accomplice burst into the first victim’s residence. They argued with him and Mr. Londonenko stabbed the victim. Mr. Londonenko and his accomplice then fled the residence. A short time later (on the same evening), Mr. Londonenko followed a second victim with whom he was vaguely acquainted into a controlled access area of a building, called the victim a goof, then stabbed him too.

11Following the finding of NCR in April 2019, Mr. Londonenko was detained at the Southwest Centre. He remained an inpatient until October 2020, when he was discharged to an independent apartment supported by the Forensic Supportive Housing Program. In December 2020, and again in January and February 2021, Mr. Londonenko relapsed to alcohol and drug use, including cannabis and crystal methamphetamine use. After presenting with hypomania (involving multiple text messages to his outreach worker; fighting in the community; concerning comments that were paranoid in nature), Mr. Londonenko was readmitted to hospital. He stabilized relatively quickly and was discharged home within a week.

12In late April and May 2021, Mr. Londonenko again relapsed into substance use (alcohol, crystal methamphetamine, cannabis), experienced a behavioural deterioration and struggled with independent living, requiring hospitalization. Once in hospital he was stabilized and made steady progress. Between September and December 2021, he attended and actively engaged in a 90-day substance use treatment program at Brentwood Recovery Home.

13In January 2022, Mr. Londonenko was discharged to the Steele Street Residential Program (Steele Street) with the hope of assisting him in structuring his community time. He continued to meet virtually with Brentwood addictions staff and began working part-time. His presentation remained at baseline until December 2022, when he began to demonstrate significant instability and low mood due to his gambling. This resulted in his brief admission to the Southwest Centre in early March 2023, after a gambling spree left him with no rent money for that month. He was found incapable with respect to finances and returned to live at Steele Street.

14In July 2023, when Steele Street closed, Mr. Londonenko moved to an apartment in a building run by Indwell. This is a semi-supported independent living arrangement that includes nursing, housing support and addictions support services on-site. One meal is provided daily. Residents can live at Indwell for up to four years.

Course Since Last Hearing

15At the time of his Review Board hearing in June 2024, Mr. Londonenko continued to live at the same Indwell building. He had been abstinent from substance use for approximately three years, was on a self-medication program and was adherent with treatment. However, his insight into his mental illness was reported to be limited and at times he voiced a desire to reduce or discontinue his medications. He also had limited insight into his risk to become violent in future.

16At the current hearing we received evidence in the form of an updated hospital report, as well as the oral testimony of Dr. Arun Prakash, Mr. Londonenko’s attending psychiatrist. That evidence revealed as follows: Over the past year, Mr. Londonenko continued to live in the same Indwell residence. He is well supported there, including addiction and rehabilitation services and programs run through the facility.

17However, while Mr. Londonenko has done well at Indwell, it is a tough place to live. Some of the co-tenants are very challenging and there is a significant amount of drug use around the building. Though Mr. Londonenko has managed these challenges by using good coping strategies that he has learned along the way (walking his dog, speaking to staff), he would very much like to move to more independent living and the team is supportive of him beginning to look for his own apartment. At present, Mr. Londonenko receives professional support from the forensic outreach team, Indwell staff, LEADS employment services and CMHA Thames Valley Addiction Services. Apart from the Indwell staff, all of the other community supports will remain in place should he no longer be living at Indwell.

18During the reporting period, Mr. Londonenko denied experiencing any positive symptoms of schizophrenia. While identifying that he struggled occasionally with low mood and anxiety, he reported an overall improvement in these areas compared to previous years, an observation that his treatment team also made. This included a reduction in the level of activation and intensity of his anxiety and depression when they occur, which Mr. Londonenko attributes to the dog that he adopted this year. He continues to work with his clinical team on strategies to address anxiety and low mood and in identifying and coping with the psychosomatic connection between his mental and physical health. Mr. Londonenko has also been more social. Walking his dog has helped him to get out more which, together with increased physical exercise, has resulted in him losing about 30 pounds.

19In September 2024, Mr. Londonenko inquired about his eligibility with Developmental Services Ontario (DSO). It was identified that a previous cognitive assessment done by the psychology department fell within the appropriate range, but further assessment is needed to determine whether there are also adaptive deficits and whether these were present prior to the age of 18. His application is pending and he is awaiting the DSO response.

20As described by Dr. Prakash, one advantage of Mr. Londonenko being connected with DSO would be to further alleviate a significant previous source of stress for Mr. Londonenko, namely his financial responsibilities. When he was still gambling a couple of years ago, Mr. Londonenko incurred debt which he is still working on repaying. He is currently receiving money from the Canada Ontario Housing Benefit program, which will be of assistance to him financially as he (hopefully) transitions to independent housing this year.

21In addressing the recommendation for a new disposition, Dr. Prakash advised that the treatment team is confident that a conditional discharge is appropriate. Dr. Prakash noted that Mr. Londonenko has been abstinent from substances of abuse for about four years. He has done well at Indwell, his insight into his illness and the need for medication has significantly improved this year (Dr. Prakash described this as “excellent improvement”), and despite being found financially capable, Mr. Londonenko has been fiscally responsible. The HCR-20 V3 recently completed by Dr. Prakash and the treatment team indicates that overall, if Mr. Londonenko were to be managed under a conditional discharge, his risk for violence would be low. As a result, the view of the team is that the next step in moving Mr. Londonenko forward through the forensic system is to consider a conditional discharge.

Analysis and Conclusion

22Having heard and considered all of the evidence and the joint position of the parties, we agree that the threshold test for significant threat continues to be met, and that the necessary and appropriate disposition, which is also the least onerous and least restrictive in the circumstances, is a conditional discharge with the conditions recommended by the parties.

23The past year has been another positive one for Mr. Londonenko. Apart from the index offence, his insight improved over all domains. He remained adherent with medication and abstinent from substance use. He continued to work part-time and is pursuing more employment opportunities through LEADS. His family remains supportive and he speaks with them frequently. Although Indwell can be a difficult place to live, he managed the challenges associated with living there by using learned adaptive coping strategies. He also worked well with the treatment team in managing his anxiety and/or low mood, including during a difficult period in October 2024 when he perceived that a peer at Indwell was targeting and harassing him.

24It is anticipated that over the next year, Mr. Londonenko will move out of his Indwell residence. While much of his support system will remain intact, he will lose the benefit of the current semi-supported living environment. The stress of the move to more independent living, including increased financial stress, can be destabilizing for Mr. Londonenko. When more anxious and less stable in the past, he has acted out violently. Historically he has also used poor coping strategies, such as a return to substance use.

25The plan of the treatment team is to continue to provide Mr. Londonenko with the level of monitoring and supervision necessary to support his successful transition to independent living. The team will also continue to work with him on stress and anxiety management strategies. Given his good relationship with the team, he is likely to follow their recommendations around appropriate housing and accept their support once he moves. He is willing to agree to a consent to treatment condition and, should he decompensate, the Mental Health Act is likely to be sufficient to restabilize him and manage his risk to the community.

26Accordingly, considering public safety, which is paramount, as well as Mr. Londonenko’s mental condition, his reintegration into society and his other needs, we agree that the necessary and appropriate disposition to manage his risk is a conditional discharge, with the conditions recommended by all parties.