Re Mahesh Garg, 2025 CanLII 72914

Ontario Review Board

Re: Mahesh Garg

ORB File No: 8758

Hearing held on: Friday June 13, 2025

Place of Hearing: St. Joseph’s Healthcare Hamilton

Pursuant to: Sections 672.47(1) & 672.48)1) of the Criminal Code

Before:

Alternate Chairperson: Mr. R. Bigelow

Members: Dr. P. Darby

Dr. G. Stones

Parties Appearing:

Accused: Mahesh Garg

Counsel: Mr. P. de Jong

The Person in Charge of Hospital: Counsel: Mr. S. O’Brien

Attorney General of Ontario: Counsel: Ms. C. Gzik

REASONS FOR DISPOSITION (Dated July 23, 2025)

Introduction

1. On March 20, 2025, Mahesh Garg was found unfit to stand trial on charges assault (x 2) contrary to the Criminal Code. The court did not make a disposition and referred the matter to the Ontario Review Board (the Board) to do so.

2. On Friday, June 13, 2025, the Board convened a hearing at St. Joseph’s Healthcare Hamilton (the Hospital) pursuant to sections 672.47(1) & 672.48(1) of the Criminal Code. The issues to be determined at the hearing were whether Mr. Garg continued to be unfit to stand trial and, if so, to determine what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.

Initial Positions of the Parties

3. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that although at the time it was prepared the Hospital Report indicated that it was the Hospital’s position that Mr. Garg continued to be unfit to stand trial, there had been substantial improvement since that time and the position of the Hospital was now that Mr. Garg was fit to stand trial and should be returned to court.

4. Counsel for the Attorney General advised that she wished to reserve her position pending hearing the evidence and Counsel for Mr. Garg submitted that his client was now fit to stand trial.

Evidence at the hearing

5. The documentary evidence at the hearing consisted of the record before the court at the time of the fitness hearing, a transcript of the fitness hearing, a Hospital Report dated March 13, 2025, and a probation order, DNA order and weapons prohibition order issued after Mr. Garg’s conviction on the offences of assault with a weapon and assault causing bodily harm on June 6, 2024. In addition, the Board heard the oral evidence of Dr. Courtright, Mr. Garg’s treating psychiatrist.

Findings:

6. For the Reasons that follow, the Board finds that Mr. Garg is currently fit to stand trial and directs his return to court.

Index Offences:

7. The allegations surrounding the index charges as summarized in the Fitness Assessment Report dated March 19, 2025 (Exhibit 6) are as follows :

July 11, 2024 Assault

On July 11^th 2024 at approximately 8:43A,M, the accused Mahesh GARG was at the Schwaben Club Shelter located at 1668 King Street East, Kitchener utilizing the services provided. GARG was outside the shelter and yelling causing other residents to be disturbed At 8:43A.M., Security officers Ram SINGH and Jacob BACILA who were working security at the Schwaben Club Shelter approached GARG. SINGH spoke with GARG and asked him to stop yelling. GARG immediately got escalated and punched SINGH in the face twice. BACILA and SINGH separated from GARG and contacted the Waterloo Regional Police Service to report the incident.

At 9:28A.M., Csts. DAWSON and VANDERKOLK attended 1668 King Street East and spoke with BACILA and SINGH regarding the incident Police observed minor swelling to SINGH's face and his nose was slightly bleeding. SINGH and BACILA advised that they approached GARG in response to him yelling outside the shelter. They advised he got escalated and responded by punching SINGH twice in the face causing injuries to SINGH's nose and swelling to his face. SINGH advised he wanted to pursue with charges for the assault as he feared for his safety. SINGH described GARG as a brown male, 24 years of age, thin build, 5'8, with short hair and a blue vest. Based on SINGH's injuries, and his and BACILA's statement Cst. DAWSON formed reasonable grounds for 1 count of assault for GARG.

Csts. DAWSON and VANDERKOLK went into 1668 King Street East, Kitchener and located GARG inside the common area of the shelter matching the description provided by SINGH. At 9:33A.M., Cst. DAWSON arrested GARG for assault without incident At 9:41A.M., Cst. DAWSON read GARG his rights to counsel and caution which he advised he understood and declined to speak with legal counsel. Cst. DAWSON confirmed GARG 's identity through his physical appearance compared to his photo located on police databases which Cst. DAWSON was satisfied with.

Sgt COLE approved GARG's release on an undertaking with applicable terms. At 10:50A.M., Cst. DAWSON released GARG on an undertaking with applicable release terms at the Ray of Hope located at 659 King Street Kitchener without incident GARG agreed to his terms of release and was released from police custody.

Statements were obtained from SINGH and BACILA pertaining to the incident and SINGH declined photographs to be taken of his injuries which were deemed minor.

As a result of the investigation GARG is being charged with 1 count Assault contrary to section 266 of the Criminal Code of Canada.

August 7, 2024 Assault

On August 07, 2024 at approximately 11:50 p.m. Mahesh GARG was on board a Light Rail Transit (LRT) train that was travelling toward the LRT junction located at 450 Wilson Ave Kitchener, acting erratically by swinging his arms and yelling within the train. The LRT operator contacted security at the Wilson Ave platform and advised of GARG's concerning behavior and made a request to remove him from the train once it arrived.

A team of security officers met GARG at the Wilson Ave platform as the train arrived and asked GARG to leave the premises due to his disruptive behavior. GARG reacted by being verbally aggressive with security and refused to leave the property. Security spent the next 30-40 minutes trying to get GARG to leave the property and issued a caution that he would be arrested under the trespass to property act if he continued to refuse to leave.

At 1:27 am. On August 08, 2024, Security officers, Spencer RUPERT, Marcelo PAIWE and Abdirahman MOHAMED attempted to place GARG under arrest and GARG began resisting arrest and engaging in a physical altercation with the security officers. During the struggle, GARG swung his closed right fist at MOHAMED's face, causing MOHAMED to pull his head back to avoid being struck. GARG grazed the chin of MOHAMED in the attempted punch in the face. (Assault) MOHAMED was not injured and the team managed to control GARG to the ground and into handcuffs and contacted police to respond

Background Information Regarding the Accused:

8. Mr. Garg is currently 25 years of age and was born and raised in India. Due to Mr. Garg’s difficulty in providing an accurate social history, most of the information obtained with respect to his background came through his mother who came to Canada after his arrest. His mother advises that Mr. Garg is the oldest in a sibline of three and that his father passed away when he was eight years old. He did well in school and completed high school on time.

9. His mother reported that Mr. Garg was involved in a motor vehicle accident approximately three years previously and that his mental health had been impacted by that accident. He would meditate for long periods of time, was religiously preoccupied and believe that individuals were listening to their telephone conversations.

10. It appears that Mr. Garg arrived in Canada in 2022 on a student visa but did not enrol in any postsecondary education after arriving. Shortly after arriving in Canada, he began to access the shelter system in Kitchener.

Substance Use History

11. Mr. Garg reports that he began consuming alcohol when he was 18 and also used cannabis prior to his arrival in Canada. Subsequent to his arrival, medical records indicate that he has been using methamphetamines, and fentanyl and has been brought to hospital on a number of occasions due to acute intoxication and bizarre behaviour resulting from substance use.

Legal History:

12. Mr. Garg has one entry on his criminal record prior to his arrest with respect to the current outstanding charges. He was found guilty of assault causing bodily harm and assault with a weapon in June 2024 and was granted a conditional discharge with two years probation.

Psychiatric History

13. Mr. Garg does not have an inpatient psychiatric history. However, between August 2023 and the date of the first outstanding charge, he was brought to hospital emergency departments on four separate occasions due to acute intoxication and bizarre behaviour. However, after being medically cleared he was discharged on each occasion.

Current Diagnosis

14. Mr. Garg’s current diagnoses are schizophrenia, stimulant use disorder and cannabis use disorder.

Evidence of Dr. Courtright

15. Dr. Courtright indicated that she had been Mr. Garg’s attending psychiatrist since his arrival at the Hospital in January 2025. She had read and adopted the contents of the Hospital report but noted that since the date of the Hospital report there had been significant improvement in his mental health, and she was of the view that he currently was fit to stand trial. She noted that he was able to recount the charges he is facing, his plea options, the roles of the parties and understood the meaning of taking an oath.

16. However, despite treatment he continues to experience active symptoms of his mental illness including grandiose delusions and prominent negative syndrome. Despite those symptoms, Dr. Courtright believed that Mr. Garg was able to meaningfully instruct counsel as he was currently able to listen to and integrate information and ask appropriate questions with good attention and focus.

17. In response to questions from counsel for the Attorney General Dr. Courtright indicated that she was not aware until shortly before the hearing that Mr. Garg had previously been involved in the criminal justice system and had in fact been found guilty of offences. She also indicated that the information the Hospital had received with respect to when and under what circumstances Mr. Garg had arrived in Canada was limited and that privacy considerations prohibited the Hospital from making inquiries with the immigration authorities.

18. Dr. Courtright was asked about whether a return to a detention centre pending his return to court would likely result in Mr. Garg becoming unfit. She indicated that in her opinion, with appropriate medication, she was not concerned with respect to a return of unfitness. Although the Hospital could not direct medical staff at the detention centre with respect to treatment, in her experience recommendations from the Hospital were given great weight by correctional authorities and generally followed.

Final Submissions of the Parties.

19. Counsel for the Attorney General indicated that after hearing the evidence she was satisfied that the evidence supported a finding of fitness and that in her submission there was no basis for the panel to consider an order under section 672.49 of the Criminal Code directing that Mr. Garg remain in hospital pending his return to court.

20. Counsel for the Hospital advised that the Hospital position continued to be that Mr. Garg was fit and should be returned to court. With respect to the issue of a section 679.49 order, he noted that the hospital had limited bed space and that holding individuals in the Hospital for lengthy periods of time while dealing with outstanding charges was problematical and it prevented the use of that bed space for other patients. However, he indicated that a further short stay at the Hospital would not likely cause significant difficulties, and that the Hospital accordingly left the decision of whether such an order should be made to the panel.

21. Counsel for Mr. Garg maintained his position that his client was currently fit to stand trial and should be returned to court. He also submitted that a section 672.49 order would be appropriate. He noted the current conditions at the Maplehurst Detention Centre which he suggested could be considered by the panel and that those conditions may well have an impact on his client’s mental health and fitness to stand trial.

Analysis and Conclusion, Fitness:

22. The Board finds that the joint submission with respect to Mr. Garg’s fitness is well supported by the evidence. Dr. Courtright’s evidence with respect to fitness was clear and uncontradicted. In her view, although Mr. Garg continues to experience symptoms of his mental illness, he understands the nature of the proceedings, can recount his charges and plea options, and understands the roles of the various parties in a court proceeding and the meaning of an oath. She also indicated that he was able to listen to and integrate information and ask appropriate questions as well as instruct counsel in a meaningful way.

Analysis and Conclusion, Section 672.49 Order:

23. Section 672.49 of the Criminal Code provides:

In a disposition made pursuant to section 672.47 the Review Board or chairperson may require the accused to continue to be detained in a hospital until the court determines whether the accused is fit to stand trial, if the Review Board or chairperson has reasonable grounds to believe that the accused would become unfit to stand trial if released.

24. The Board finds that the evidence does not support a finding that there are reasonable grounds to believe that returning Mr. Garg to a correctional facility would result in his becoming unfit to stand trial which is a condition precedent to issuing an order under section 672.49. The Board accepts the evidence of Dr. Courtright that correctional facilities in her experience will follow recommendations from the Hospital with respect to psychiatric medications and that with a continuation of his current medications, it is likely that Mr. Garg will continue to be fit.

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

Robert Bigelow

Alternate Chairperson

Office of the Registrar

Ontario Review Board