Ontario Review Board
Re: Kiril Goushleff
ORB File No: 6912
Hearing held on: Friday, June 6, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Fromstein
Members: Dr. G.A. Chaimowitz Dr. H. Moulden Mr. M.D. Segal Mr. J. Cyr
Parties Appearing:
Accused: Kiril Goushleff Counsel: Mr. H. Morton
The Person in charge of Hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated July 17, 2025)
Introduction
On February 10, 2016, Mr. Kiril Goushleff was found not criminally responsible on account of mental disorder on four charges of aggravated assault, all contrary to the Criminal Code of Canada. He is currently subject to a disposition dated April 9, 2024, discharging him with conditions that include that he report to the person in charge of Centre for Addiction and Mental Health (the hospital or CAMH) not less than once every six weeks.
On June 6, 2025, a panel of the Ontario Review Board (ORB or the Board) convened at the hospital to review that disposition. Mr. Goushleff was present and represented by counsel, Mr. Howard Morton. Ms. Marshall was counsel for the hospital and Ms. Culp, counsel for the Crown.
At the outset of the hearing the parties were canvassed as to their initial positions. Ms. Marshall indicated the hospital position is that Mr. Goushleff no longer meets the threshold of significant threat and should be granted an absolute discharge. Ms. Culp took no initial position pending hearing the evidence. Mr. Morton, on behalf of Mr. Goushleff, joined the hospital position.
Index Offence
- The details of the index offence as set out in last year’s Reasons for Disposition are as follows:
“During the early morning of Sunday November 16, 2014, the four victims of the index offence had just exited the Dora Keogh Pub on Danforth Avenue in Toronto. Mr. Goushleff was unknown to the victims. He approached one man in the group from behind and stabbed him with a knife in the side of his neck. A second man in the group attempted to intervene, and the right side of his face was slashed with the knife. A female in the group also tried to intervene, and her hand was slashed with the knife. The fourth victim received a cut to his forehead. Mr. Goushleff began walking away from the victims, who proceeded to follow him. The victims flagged down a passing police car. The police officer instructed Mr. Goushleff to drop the knife. He sat down on the sidewalk and dropped the knife from his right hand. He was arrested and charged with Attempt Murder, Aggravated Assault x3, Weapons Dangerous, and Carry Concealed Weapon.”
Evidence at the Hearing
The evidence at the hearing was comprised of the hospital report dated May 14, 2025, exhibit 1 and the testimony of Dr. McMaster. The hospital report provides extensive details of Mr. Goushleff’s personal, criminal and psychiatric history and can be referred to. The following factors are notable. Mr. Goushleff is presently 46 years of age. He was born in Toronto and raised in a stable family. as the middle of three children. He has an older brother, Niko, and a younger sister. Mr. Goushleff’s father died of cancer in 2008, and his mother resides in Toronto but is experiencing some failing health.
He denied behavioural problems in his youth. He was bullied at school and at one point brought a BB gun to school because of this, to protect himself. He presented with some difficulty with authority figures which resulted in a school suspension. He began to experience paranoid thoughts, that strangers knew what he was thinking, when he was in high school, Following his first admission to Sunnybrook Hospital he quit school but completed courses later, and graduated. He attended Trent University but, in the circumstances of experiencing paranoia and becoming aggressive, he caused some damage to his dorm room and was expelled from school in the second year.
Mr. Goushleff used marijuana in high school and reported a binge pattern of drinking before the index offence. He last consumed alcohol approximately one month before the index offence. Mr. Goushleff has never been married and has no children.
Mr. Goushleff’s first hospitalization took place in 1997 at Sunnybrook Hospital at which time he was started on antipsychotic and antidepressant medications. He was discharged and followed in the Youth Mood Disorder Clinic but was readmitted to Sunnybrook for several days in July 1997 when presenting with active symptoms of his mental illness. Medication was increased and he was discharged to be followed by Dr. Dubo. He was admitted on two occasions to Toronto General Hospital after damaging a car with a baseball bat and assaulting a stranger with a shovel. He was reported to have been intermittently compliant with his antipsychotic and mood stabilizing medications. He was readmitted to hospital after became involved in an altercation with a woman while walking on the street and again, in May 2005, after kicking a stranger on the subway.
Mr. Goushleff’s mental health remained relatively stable between 2009 to 2011, however, he became more paranoid and verbally aggressive towards his mother which caused her concern in October 2011. His insight into his illness apparently had decreased and he may not have been medication compliant. He was admitted to CAMH on a Form 1 at which time his medication was restarted. He stabilized and was discharged to reside with his mother in November 2011. Mr. Goushleff remained under the care of psychiatrists following discharge and was last seen as an outpatient by his then psychiatrist, Dr. Soni, one month before the index offences. He was described at that time as clinically stable and there were no noted concerns regarding medication compliance.
Mr. Goushleff’s diagnoses are:
i) Schizoaffective Disorder
ii) Substance Use Disorder, in sustained remission
iii) Cluster B Personality Traits.
At last year’s Review Board hearing, it was noted that Mr. Goushleff was doing well. At that time there was consideration of his medication being changed to a three-monthly injectable medication. It was noted that there were some family stressors due to his mother suffering from early dementia and concerns by his siblings that he was asking her for money. It was felt that his significant threat was well managed by the treatment team and family support and a reduction in his reporting to the Review Board was reduced as a result.
The hospital report, exhibit 1, indicates that Mr. Goushleff has had an excellent treatment year. He shows full insight into his mental illness and his need for medication. He was started in November of 2024 on a three-monthly injection of Intrinsa and also takes valproic acid twice daily. The hospital report risk assessment concludes that Mr. Goushleff is a low risk of future violence if granted an absolute discharge.
Dr. McMaster testified that he has worked with Mr. Goushleff since Mr. Goushleff’s discharge to TRHP-2 and knew Mr. Goushleff when he was in custody at Toronto South Detention Centre. He has now known Mr. Goushleff for almost a decade. Dr. McMaster indicated that Mr. Goushleff has been referred to Michael Garron Outpatient Program and the hospital is awaiting confirmation of his acceptance. Dr. McMaster and the team will continue to follow Mr. Goushleff until he is transferred to a civil mental health team. Mr. Goushleff’s medications are administered to him by his family doctor, Dr. Hirsch, who has been Mr. Goushleff’s doctor for decades. His practice is at Taddle Creek Family Care Centre, where Dr. Hirsch works with a team. Mr. Goushleff will have the benefit of that team if Dr. Hirsch was to retire from his practice., Mr. Goushleff will have the support in the community of a family health care team plus the additional anticipated support from Michael Garron Hospital.
Dr. McMaster described Mr. Goushleff’s insight as good to excellent. Mr. Goushleff is fully aware of his history of having a persistent major mental illness. He is aware that he requires medication to maintain his stability and that without that medication he would be a risk to others and to himself. Mr. Goushleff is committed to continuing to take medication.
Dr. McMaster indicated that there was great benefit this year in Mr. Goushleff readily accepting medication dosing of a three-month injection of Trinza as it maintains his stability for months. Oral medication adherence, he noted, is challenging for anyone so injectable medications provide stability as well as months of ongoing protection. Dr. McMaster has looked into the future availability of a five-month injection but that is not currently available in Canada. Were Mr. Goushleff’s mental health to decompensate in the future it would likely take, because of the three-month injectable medications, a long period of time. Mr. Goushleff has been aware in the past of potential relapse factors such as irritability. He also has family who are very supportive and have reached out to the team when they have had any concerns in the past. His brother, Nico, resides close to Mr. Goushleff and are in regular weekly contact as well as engaging in a peer group playing board games. Mr. Goushleff’s sister lives north of the city is also quite supportive of her brother.
The last time that Mr. Goushleff required an inpatient admission was in 2022. This took place after his family had raised concerns. Mr. Goushleff, himself, has shown insight into an exacerbation of symptoms by having, in the past, indicated when his sleep has been disturbed or he felt irritable. His insight has improved greatly, and Dr. McMaster was confident that Mr. Goushleff would himself reach out to his treatment providers.
Dr. McMaster noted that Mr. Goushleff’s brother, Nico, has reached out to the team in the past in circumstances where his brother has been isolating more or not being in contact with peers as much. Dr. McMaster is confident that Nico would inquire about any such changes. Dr. Hirsch, his treating doctor, has known Mr. Goushleff for decades and meets with him every two to three months. These have been more frequent recently when Mr. Goushleff wanted to ensure his physical health and there were some cardiovascular investigations undertaken and those concerns resolved.
Mr. Goushleff continues to reside in a condominium that he rents from his family which is very pleasant and stable housing. He is expected to remain at that residence.
Dr. McMaster indicated that even though Michael Garron Hospital has not yet confirmed the availability of the care, this may be due to hospitals being at times unwilling to confirm care until a person has been absolutely discharged. He reiterated that the CAMH team will continue to supply forensic care if transitional care from Michael Garron could not be put in place. He noted, however, that the Taddle Creek family unit also makes counselling services available. Dr. McMaster testified that it is his opinion that Mr. Goushleff is very well covered from a mental health perspective in the event of an absolute discharge.
Dr. McMaster was asked about past references to family stressors. He noted that there have been periods in the past when Mr. Goushleff had alienated himself. Dr. McMaster indicated that Mr. Goushleff has a very supportive family. There have been stressors based on Mr. Goushleff’s concern about his mother’s cognitive impairment. Circumstances of past decompensations that were linked to challenges with adherence, such as missing a few doses of his oral medications are different now that Mr. Goushleff is receiving injections every three months. Mr. Goushleff engaged in significantly work with Dr. Pauls, a psychologist at CAMH, to manage stressors and work through them. Dr. Pauls has left but Mr. Goushleff continues to utilize the skills that he developed in that therapy. Mr. Goushleff has also matured during his tenure with the Ontario Review Board. Dr. McMaster indicated there have been a lot of changes in Mr. Goushleff during the time that he has been working with him.
In response to a question, Dr. McMaster noted the fact that Mr. Goushleff is on the higher end of dosing of the Trinza medication, which also provides confidence. In the past Mr. Goushleff had complained of intramuscular problems from his injectable medication and was, as a result, switched to the oral medication. At that time Mr. Goushleff was receiving his injections into his arm. He is a painter and that intramuscular discomfort was significant for him. He now receives his injections into his hip and has no further complaints in this regard.
Mr. Goushleff has become even more engaged with his artwork in the past several months and has been able to sell some of his paintings. This is also, definitely, a stabilizing factor for him. He attends on occasion at the zoo to paint animals and has become more engaged in painting natural subjects, such as flowers and trees.
In response to a question, Dr. McMaster indicated that in 2022 when Mr. Goushleff had his last hospital readmission the treatment team asked him to come into hospital, and he did so agreeably upon their request.
With respect to the issues of his family concerns noted in last year’s Reasons for Disposition, Dr. McMaster indicated there have been no ongoing concerns. Mr. Goushleff has worked on and is managing his finances and budgeting. He does not anticipate that Mr. Goushleff will have any financial stressors. He also has ODSP support.
It was put to Dr. McMaster in questions that Mr. Goushleff’s history included only the one episode of significant violence that took place in the index offence. Dr. McMaster responded to the question, agreeing that Mr. Goushleff has not exhibited a pattern of serious violence in his past so that even if he did decompensate there is much less of a risk that his behaviour would include serious violent behaviour. Dr. McMaster noted also what has changed since the time of the index offence is that Mr. Goushleff’s family is very aware of the seriousness of that incident. They are more attuned to any risk and would react if they felt that Mr. Goushleff decompensated. Mr. Goushleff’s receptiveness to feedback has improved over time. His relationship with his family has improved. Mr. Goushleff is aware that his family supports his receiving an absolute discharge but want him to continue to have professional supports and Mr. Goushleff, himself, recognizes that that benefits him as does his relationship with his family.
Mr. Goushleff has cluster B personality traits and has been noted to have suffered childhood trauma by being substantially bullied as a child, which impacted him. When he has decompensated, he regresses to that period in his life. Dr. McMaster indicated that Mr. Goushleff worked really hard with Dr. Pauls, a psychologist, on this as on relationships with others. Although Dr. Pauls has relocated, Mr. Goushleff will have access to therapists at his family doctor’s treating facility in addition to those that will be available to him through either Michael Garron Hospital or if that did not come to fruition then to be continued support by his CAMH team. Mr. Goushleff will have the opportunity to meet on an ongoing basis with counsellors or therapists. He is currently in a smoking cessation program.
Dr. McMaster has discussed the lifelong nature of his illness and need for medication with Mr. Goushleff and Mr. Goushleff agrees. He accepts that he was found not criminally responsible for a reason. He accepts his responsibility to take medication both to protect himself and to protect others.
Submissions
Ms. Marshall, on behalf of the hospital, submitted that Mr. Goushleff no longer meet the threshold of significant threat. He has had a very good year. Since the time of his 2022 admission Mr. Goushleff has progressed and shows excellent insight into his mental disorder and ongoing mental health. His medications do not interfere with his work. He has great family support as well as treatment support moving forward. It is anticipated that he will have community support through the Michael Garron Hospital in addition to the Taddle Creek Family Health team. CAMH will continue providing support for Mr. Goushleff during the transition period to civil mental health supports.
Having heard the evidence, Ms. Culp, on behalf of the Crown, joined the hospital position for an absolute discharge and adopted the submissions.
Mr. Morton noted that Dr. McMaster has been treating Mr. Goushleff since the time of the index offence and knows him well. Mr. Goushleff has the realization that he will have to deal with his mental health and treatment for his entire life.
Analysis and Conclusion
The Board, after deliberation, is unanimous in finding that Mr. Goushleff no longer poses a significant threat to the safety of public. We took the opportunity, following deliberation, to advise Mr. Goushleff of this result. He then commented to us further about the insight that he has developed over his course of treatment for the need and desire for medication to maintain his wellness.
The evidence before us supports that Mr. Goushleff has developed and internalized insight into his mental illness and his need for medication as well the risk he posed to others and himself at a time when he was unwell. He has developed a desire to continue that medication on a life-long basis. Mr. Goushleff has supports in the community that will be ongoing, including from mental health professionals. He has the support of a family who are aware of and have a full understanding of the risks of decompensation. They support Mr. Goushleff’s absolute discharge and also his need for ongoing care. Mr. Goushleff has close contact, particularly with his brother, who lives close to him and whom he sees in person regularly and also from his entire family. He has stable housing and continuing to develop his art career.
We recognize that there were, in Mr. Goushleff’s past, incidents of minor aggression but only one incident of serious violence by him, in the course of the index offence. As a result, we accept the evidence of Dr. McMaster that, should Mr. Goushleff decompensate in the future, which is not expected, it would not necessarily result in his engaging in serious violence to others. His risk of decompensation is at this time highly moderated by his internal insight into his mental health disorders, his need for medication, his desire for medication and all of the supports that will be ongoing for him.
On all these bases we find that Mr. Goushleff no longer meets the threshold of significant threat and he is absolutely discharged.
DATED this 17th day of July, 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Fromstein
Alternate Chairperson
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Ontario Review Board