Ontario Review Board
Re: Van Truong
ORB File No: 8529
Hearing held on: Tuesday, June 3, 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: Mr. M.D. Segal Members: Dr. G.A. Chaimowitz Dr. H. Moulden Ms. C. Fromstein Mr. J. Cyr
Parties Appearing:
Accused: Van Truong Counsel: Ms. M. Addie
The Person in charge of Hospital: Counsel: Ms. S. Rosales-Zelaya
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated July 18, 2025)
Introduction
Van C. Truong, age 70, was found guilty by reason of mental disorder on October 25, 2023, on a charge of aggravated assault, contrary to the Criminal Code.
On June 3, 2025, Mr. Truong appeared before the Ontario Review Board (the “Board”) at the Centre for Addiction and Mental Health (the “hospital”) for his annual hearing. Mr. Truong utilized the assistance of a Vietnamese interpreter. Exhibit 1 was a Hospital Report dated May 26, 2025.
In preliminary positions, the hospital recommended that Mr. Truong remain on a Detention Order but suggested two changes. In preparation for transition planning leading to a possible community placement, the hospital recommended that the reporting be increased from the current not less than every two weeks to not less than once a week. Additionally, passes were recommended up to 48 hours, indirectly supervised. All parties agreed. By the end of the hearing, the Board agreed with the joint position.
Index Offence
- The circumstances of the index offence are as follows:
"Background:
The accused and the victim are roommates, and both reside with a third room mate at 103 West Lodge Avenue, Apartment #112 in the City of Toronto. They have resided there since 2007.
On Tuesday, March 28, 2023, at approximately 9:55 am, Mr. Truong and the victim were involved in a verbal argument over money inside their residence at 103 West Lodge Ave, Apartment #112. The 3rd room mate was asleep at the time in his bedroom.
The argument escalated and Mr. Truong grabbed a knife from an unknown location and advancing towards the victim. Mr. Truong began thrusting the knife towards the victim to stab him. The victim put up his arms to protect his body and was slashed multiple times in the forearm causing severe bleeding. As the victim dropped his left arm as he was in severe pain, Mr. Truong again thrust the knife in his direction, this time penetrating his chest. (Charge #1 and 2)
The victim then fled on foot and ran towards the neighbour's unit and knocked on the door frantically yelling “he's going to kill me; he's going to kill me”. The neighbour opened the door and allowed the victim to come in. The neighbour observed Mr. Truong walking down the hall towards the victim holding a knife in his hand. The neighbour locked the door and could hear noises that he thought were Mr. Truong hitting the door with the knife.
The neighbour called 911 and police and ambulance arrived on scene. The victim was transported to St Michael's hospital and officers attended Unit #112 to locate the assailant. Mr. Truong was observed in the kitchen, and he appeared to be talking to the kitchen stove. As officers approached Mr. Truong, he unexpectedly grabbed two knives from a drawer and swung them both at the two officers. The officers had to jump backwards to avoid being cut by the knives. (Charge 3 and 4)
Officers retreated and attempted to communicate with Mr. Truong to drop the knives. Mr.
Truong did not drop the knives and was yelling. As a result, members of the Emergency
Task Force were contacted and attended. Mr. Truong was extracted and arrested. Mr. Truong was transported to St Joseph's Health Centre for treatment and then to 11 Division where he was charged accordingly and held for a bail hearing.
Injuries:
1 inch puncture wound to upper chest area Two 4 inch in length slashes to his left arm requiring numerous stitches Unknown number of cuts to right forearm requiring stitches Deep cut to ring finger on left hand requiring stitches Deep cut to pointer finger on left hand requiring stitches. (Non-life-threatening)
No injuries to the officers
At 6:43 pm, the same day, members of 11 Division Major Crime Unit executed a Criminal Code search warrant at 103 Westlodge Ave #112. Two knives (one with blood residue) were located and seized from the sink in the kitchen. It is unknown if the knives were used in the stabbing or in the assault against the uniformed officers. The knives will be submitted to CFS for examination.”
Diagnosis
- The patient suffers from Schizophrenia.
Background
Mr. Truong’s personal history is set out in detail in the Hospital Report which was filed as an exhibit and will not be repeated in detail in these Reasons. In summary, Mr. Truong was a 69-year-old male originally from Vietnam. He had been living in an apartment in Toronto with two roommates for approximately 10 years. One of those roommates was the victim of the index offence.
Mr. Truong reported that he was the third of “four or five” siblings. He was the only child in Canada and Mr. Truong reported not having any memory of his brothers and sisters. It was reported that Mr. Truong attended school until grade 5. He had a learning disability and a stutter since childhood. His first employment was on his family’s farm when he was 18. Then, after moving to the south of Vietnam, he worked for six or seven years as a fisherman on his own boat. He used this boat in 1985 to flee Vietnam with 71 other refugees and made his way to Indonesia. He came to Canada as a refugee in 1989. Although he was initially able to find employment in Canada, he was ultimately terminated because of slow work. Since then, he has been supported by government financial assistance. Mr. Truong stated that he had a relationship in Vietnam and was married when he was about 20 years old. He has one son from that relationship who was four or five when Mr. Truong left Vietnam. His wife remained behind since she did not want to leave Vietnam. He has had very limited contact with his son since leaving Vietnam. He had a relationship with a woman in Canada for about 10 years which ended when he was 65.
Mr. Truong has no history of alcohol or drug use. Medically, he has chronic hepatitis B which is stable and treated. He has had urinary retention difficulties in the past.
Mr. Truong has a long-standing history of schizophrenia. According to medical records he was treated as an outpatient commencing in September 1991. He had previously been admitted to Queen Street Mental Health Centre (now known as CAMH) in 1991. In 1998 he was admitted to St. Michael’s Hospital following an acute decompensation in his mental status. This resulted in threats to his landlord and physical aggression to a coresident at his boarding home. He continued to receive treatment in the community and was prescribed antipsychotic medication. His last clinic appearance prior to the index offences was October 3, 2022.
Evidence at Hearing
Dr. P. Benassi, the patient’s psychiatrist, testified. There was one update to the Hospital Report. Recently contact details were received for Mr. Truong’s son who lives in Vietnam. Mr. Truong has given the hospital his consent to reach out to his son.
Dr. Benassi noted that Mr. Truong has not been a cause for concern, going on two years. The time has come to look at a possible community placement. Care must be taken because Mr. Truong has been in jail or hospital for a while. Previously, Mr. Truong had lived independently for a very long time.
The purpose of the passes would be to acclimatize Mr. Truong with any new residence and staff. Overnight passes may identify any issues that need to be addressed regarding the potential placement.
Increased reporting was consistent with Dr. Benassi’s own view of the need to closely monitor freshly discharged patients. Although the current Disposition speaks of reporting not less than twice a month, that was recommended before Dr. Benassi took over supervision, and he would not have necessarily supported that recommendation. Dr. Benassi prefers a check-in once a week as a better practice.
Dr. Benassi noted that reporting can be managed flexibly. It does not necessarily mean seeing the psychiatrist once a week. It can, depending on the circumstance, involve visits by a case manager, calls by the case manager or attendance at CAMH for programming.
Current goals are to move ahead on community integration. At the time of the hearing, Mr. Truong had level 8 privileges which was indirectly supervised absences for approved rehabilitative and recreational programs.
Mr. Truong had a good relationship with the Hong Fook society located within commuting distance of CAMH. Hong Fook offers services and supports including to persons of Vietnamese origin. The forensic team is looking to reconnect Mr. Truong with Hong Fook.
Discharge, on the present trajectory, is likely this year.
On his current trajectory Mr. Truong could achieve the next level of privileges in about four weeks that would permit him indirect access to the community for social and recreational purposes.
While no programming or therapy is available in his native language, the hospital has put in place an arrangement with a volunteer to provide 1:1 service to Mr. Truong.
Any future housing would need to have mental health supports. It should provide a high level of support, especially at the outset of the transition. Such housing would need to help with medication administration and appointments. An assessment would need to take place to determine Mr. Truong’s abilities for assistance in any need in keeping up his new residence.
While staff members at Hong Fook may be different from when he previously attended, Mr. Truong is familiar with that agency and its location.
The weekly reporting requirement would also assist with the fluctuation in Mr. Truong’s presentation.
In Dr. Benassi’s experience, Mr. Truong’s language will not be a barrier to finding housing. The hospital has developed various visual aids that simply spell out medication requirements and other common issues such as a need for food. The hospital has also made use of phone translation services.
In final submissions, the parties reiterated the joint position, it being observed that it has been a good year.
Analysis
Mr. Truong, who was very reliant on his interpreter, presented as an amiable and outgoing individual consistent with the profile described in his Hospital Report. The hospital is acting responsibly in moving ahead with transition. Mr. Truong’s symptoms fluctuate. He has a long history of schizophrenia. He has abused substances and been non-adherent to his medications. There was a relapse in 2020 that was caught by staff and resulted in rehospitalization. The index offence was serious. Significant threat to the public is apparent but relative stability has resulted in transitional planning to integrate Mr. Truong back into the community.
While it appears that the recommended reporting frequency is more onerous, in the Board’s view it must be viewed in a contextual manner. Because of the proposed reintroduction into community living there may very well be stress occurring and given Mr. Truong’s fluctuating presentation, reporting not less than weekly makes sense. As well, reporting can be adjusted in a flexible manner if the patient is on a positive track. The passes to test-drive a proposed residence is normal and sensible. Helping Mr. Truong reconnect with Hong Fook would be admirable given Mr. Truong’s previous helpful association with that organization. We wish Mr. Truong the best in the year ahead.
DATED this 18th day of July 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
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Office of the Registrar Ontario Review Board