Ontario Review Board
Re: Adam Charney
ORB File No: 8666
Hearing held on: Tuesday, June 10, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg Members: Dr. R. Wood Hill Dr. L.O. Lightfoot Ms. L. Banks Mr. J. Cyr
Parties Appearing:
Accused: Adam Charney Counsel: Ms. S. Feldman
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated July 23, 2025)
On October 16, 2024, Adam Charney was found not criminally responsible by reason of mental disorder, on charges of assault (x2), assault causing bodily harm, assault resist arrest (x2) and assault peace officer (x2). The Board understands that Mr. Charney was detained in custody for a considerable period of time but subsequently was released from custody with a recognizance setting out a number of conditions.
On Tuesday, June 10, 2025, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health (“CAMH”) and conducted the initial Disposition hearing. We note for the Record that Mr. Charney’s father and a family friend were present at this hearing as was Mrs. Hatab, a victim who had filed a Victim Impact Statement.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Warner appeared for CAMH. She advised of the hospital’s position that Mr. Charney remains a significant threat to public safety, and if the Board finds, the necessary and appropriate Disposition is a Detention Order “within the Forensic Service” with the ability to live in the community in approved accommodation and with certain other privileges and prohibitions.
The Alternate Chair then asked Ms. Warner the hospital’s position should the panel choose to specify a level of security. After a brief exchange with Dr. Jaiswal, Ms. Warner advised that under that circumstance, the hospital would be recommending a detention order on a General Forensic Unit with all of the privileges and prohibitions referred to previously.
Ms. Culp appeared for the Attorney General. She supported the hospital’s recommendation including that if the Board made a Detention Order, it should be to a General Forensic Unit.
Ms. Feldman appeared for Mr. Charney. Ms. Feldman advised that at this time, Mr. Charney accepts that he represents a significant threat to public safety and further agrees that the necessary and appropriate Disposition is a Detention Order with the ability to live in the community and with the proposed other prohibitions and privileges as recommended by the hospital, with two exceptions. Ms. Feldman noted the request for a reporting requirement of not less than once every two weeks. Ms. Feldman will be asking, on behalf of her client, that the reporting requirement be not less than once every four weeks.
Ms. Feldman was also requesting that there be no prohibition against the use of alcohol. Ms. Feldman simply noted that her client has on two occasions had a glass of wine at two separate family festive occasions. Ms. Feldman and her client do not oppose the other prohibitions and privileges as recommended by the hospital. Ms. Feldman agrees that the Detention Order should be directed to a General Forensic Unit.
Index Offences:
- "On Tuesday December 22, 2020 at approximately 3:25 pm, the accused, Adam Charney was a registered guest at the Novotel Toronto Centre Hotel, located at 45 The Esplanade in the city of Toronto. Mr. Charney was observed on video surveillance outside the main entrance, wearing grey sweatpants, a green sweater, and white shoes. He was pacing back and forth, with his hands in his pockets.
It is alleged that at approximately 3:31 pm, the victim, George Schindel was walking eastbound on the sidewalk in front of the Novotel Toronto Centre. As they crossed paths, Mr. Charney knocked Mr. Schindel to the ground and began stomping on him.
Mr. Schindel’s glasses were knocked off his face and it is believed he was rendered unconscious. The attacked was unprovoked, and Mr. Charney is not known to Mr. Schindel.
A few minutes later, Andrew Rodgers with walking eastbound, passing a male, wearing grey sweatpants and a green hoodie, believed to be Mr. Charney. Mr. Rogers attempted to step away from the male as they passed. At this time, the male punched Mr. Rodgers on the left side of the face. This attack was unprovoked, and the male did not say anything before punching him. ...
After assaulting Mr. Rogers, it is believed that the male, believed to be Mr. Charney, continued walking westbound on Front Street E toward the Oliver and Bonicinni (sic) restaurant, located at 33 Yonge Street East.
At the time, Ms. Rana Abou Hatab was walking eastbound on Front Street near the Oliver and Boniccini (sic) restaurant, when without provocation, she was attacked by a male. The male was unknown to her. She recalls that he said “shut up bitch!” before he wrapped his arm around her head, grabbed her by the neck and smashed her head into a metal newspaper box. She testified that she had not been saying anything at the time the male told her to shut up.
The male smashed her head into the newspaper box twice, she then fell to the ground. The male preceded to kick the victim in the face while she was on the ground. The victim does not know the accused and had not had any previous interactions with him.
Frank Campo was working at the Novotel Toronto Centre as the Manager and observed the accused, Mr. Charney re-enter the hotel at approximately 3:50 pm. When police officers arrived at the Novotel Toronto Centre at approximately 3:44 pm, Campo advised them that the hotel had video cameras in the area of the assault and that the accused had returned to the hotel and was registered to room 714.
Officers believed there were exigent circumstances, fearing more victims and concern for the mental state of Mr. Charney, they attended room 714 and were provided access to the room. Officers entered room 714, where they located Mr. Charney and informed him that he was under arrest. Mr. Charney responded “Fuck You” and punched Officer Alex Brown, in the right cheek. Officers attempted to gain physical control of Mr. Charney and affect the arrest however Mr. Charney continued throwing punches at Officers. Mr. Charney broke free from Officer Alan Wong, who fell and injured his elbow. Mr. Charney also elbowed Officer Johnatan Cohen in the eye. Officers were able to bring Mr. Charney under control and affect the arrest.”
Evidence at Hearing:
The Board admitted into evidence a number of documents, most of which had been filed in the court proceeding. In addition, the Board admitted into evidence a report of Dr. Jaiswal from July 2024 mainly dealing with a s. 16 defence. The Board also admitted into evidence the Hospital Report dated May 19, 2025. The Hospital Report provides a great deal of information concerning Mr. Charney, his personal history, his mental health history, details of the index offences and Mr. Charney’s course subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to repeat that information.
We do note, however, the diagnoses of:
Schizophrenia
Substance Use Disorder (alcohol and cannabis), in sustained remission and in a controlled environment
As well, the Board admitted into evidence a Victim Impact Statement prepared by Mrs. Rana Abou Hatab.
In addition to the documentary evidence, the Board also heard from Dr. Jaiswal. Dr. Jaiswal noted that to date, his connection with this matter is limited to the two reports that he filed for the court. The doctor’s last contact with Mr. Charney was in March of this year and again was in connection with the preparation of the Hospital Report.
Dr. Jaiswal noted his opinion that the appropriate diagnosis is schizophrenia. Mr. Charney has experienced psychotic symptoms consistent with people suffering from schizophrenia. Dr. Jaiswal also noted that Mr. Charney frequently displays negative symptoms of his illness.
Dr. Jaiswal noted that a different CAMH team (FEIS) became involved with Mr. Charney at a time when Mr. Charney was being detained at the Toronto South Detention Centre relative to these charges.
Dr. Jaiswal noted that Dr. Sandy Simpson, who practises at CAMH, was part of the FEIS clinical team.
Dr. Jaiswal directed the panel to a portion of the Hospital Report in which Dr. Simpson was interviewed concerning Mr. Charney. We do not propose to reproduce that interview.
We note “concerns pertaining to limitations [in] insight”. There is another comment that Mr. Charney has not been “the most forthcoming”. The FEIS team was concerned about Mr. Charney’s request to switch from long-acting injectable paliperidone to oral aripiprazole. The report notes that Mr. Charney is capable of making treatment decisions and accordingly, the switch of medication took place.
Mr. Charney is currently residing in a residence known as Pilot Place. He has been living there for approximately one year following his release from custody. We were told that there are staff on the premises 24 hours per day. We were told that Mr. Charney manages his own medication and that the staff at Pilot Place are not involved in supervising medication.
In response to questions from Ms. Warner, Dr. Jaiswal noted the importance of Mr. Charney not using any stimulants and that in Dr. Jaiswal’s opinion, alcohol, including wine, could indeed be a stimulant. Dr. Jaiswal was not concerned that Mr. Charney had a glass of wine on two isolated family occasions. On the other hand, Dr. Jaiswal did note that Mr. Charney has a history of substance use.
Dr. Jaiswal anticipated that Mr. Charney would appropriately seek to move out of Pilot Place to another residence. In the doctor’s opinion, it is absolutely essential that CAMH retain the right to approve any future residence. Dr. Jaiswal stated his opinion that Mr. Charney’s insight is “building”.
In response to questions from Ms. Culp, Dr. Jaiswal stated his understanding that Mr. Charney has a brother living in British Columbia and a sister living in New York. Dr. Jaiswal repeated his preference that Mr. Charney be treated with long-acting injectable medication. Dr. Jaiswal understands that in the weeks leading up to the index offences, Mr. Charney consumed a significant amount of alcohol.
In response to questions from Ms. Feldman, Dr. Jaiswal accepted that Mr. Charney had been in custody from January 2023 until his release on June 27, 2024. Dr. Jaiswal repeated his understanding that Mr. Charney administers his own medication and that staff at Pilot Place are not involved.
In response to questions from a panel member, Dr. Jaiswal noted his opinion that Mr. Charney is a private individual and often is “not forthcoming”. Dr. Jaiswal also agreed that Mr. Charney had formed an appropriate alliance with Dr. Simpson.
In response to questions from another panel member, Dr. Jaiswal stated his opinion that Mr. Charney has not had any programming with respect to use and/or abuse of substances. Dr. Jaiswal commented that Mr. Charney’s insight with respect to alcohol is “not robust”
The panel was aware that Mrs. Hatab had filed a Victim Impact Statement and that she wished to have the opportunity of reading her Victim Impact Statement. The Board agreed that it would be appropriate that she do so. It is a fair comment to note that everyone in the hearing room was moved by Ms. Hatab’s comments. Following her reading of the Victim Impact Statement, the Alternate Chair advised Ms. Hatab that she was free to stay at the hearing or leave if she wished and Ms. Hatab took the opportunity to thank the panel for allowing her to read her statement and chose to leave the hearing at that point in time.
No other evidence was heard at this hearing. The Alternate Chair then canvassed the parties again. The parties remained in agreement on all issues save and except the request by Ms. Feldman concerning a reduction of the reporting requirement and the request to remove the prohibition against the use of alcohol. The Alternate Chair asked for submissions on those two issues and also submissions on whether our Disposition should specify the level of security, and if so, which level.
All parties were in agreement that it would be both necessary and appropriate for the Board to specify detention in a General Forensic Unit. We note for the Record a question that had been asked of the doctor by another panel member and that Dr. Jaiswal has no intention at this point in time to ask Mr. Charney to be admitted to CAMH. The parties then made submissions on the two issues raised by Ms. Feldman.
That concluded the hearing. Subsequently, the panel considered the issues. The panel has no hesitation in accepting that at the present time, Mr. Charney remains a significant threat to public safety as that term is used in the jurisprudence. The panel has no hesitation in finding that a Detention Order at the General Forensic Unit is both necessary and appropriate.
The panel notes that these are early times for Mr. Charney to be under a Board’s Disposition. We agree that at this point in time, Mr. Charney should be seen by members of the Forensic Outpatient Service (FOS), including a psychiatrist member of the FOS, not less than once every two weeks. We appreciate that even if we were to agree to a reporting requirement of not less than once every four weeks, the hospital would have the right to meet with Mr. Charney even on a daily basis. We think it important, however, that our Disposition requires Mr. Charney to be seen at a minimum of once every two weeks. Our Disposition shall read to report not less than once every two weeks.
The panel considered the request for the removal of the alcohol prohibition. We are obliged not only to look at Mr. Charney having a glass of wine on two separate family occasions. We are obliged to consider his entire history and with his history of substance use and with his history of excessive alcohol use, we agree that our Disposition shall include the absolute prohibition against the use of substances, including alcohol.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Charney’s mental condition and his other needs, and Mr. Charney’s reintegration into society.
DATED this 23rd day of July, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board