Re Gaetano Parisi, 2025 CanLII 78527

Ontario Review Board

Re: Gaetano Parisi

ORB File No: 7884

Hearing held on: Tuesday, June 24, 2025

Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto

Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein

Members: Dr. L.E. Cappe Dr. L.O. Lightfoot Ms. M. den Haan Mr. A. Mete

Parties Appearing:

Accused: Gaetano Parisi Counsel: Mr. J. Berman

The person in charge of hospital: Counsel: Ms. S. Zelaya

Attorney General of Ontario: Counsel: Mr. J. Canton

REASONS FOR DISPOSITION

(Dated August 6, 2025)

Introduction:

1. On April 28, 2021, Mr. Gaetano Parisi was found unfit to stand trial on charges of mischief under (x3), fail to comply with condition of judicial release (x2), and assault, all contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. Parisi is subject to a Disposition of the Ontario Review Board (the “Board”), dated July 29, 2024, which found him unfit to stand trial and ordered that he be detained at the Forensic Service, or on a unit within the Geriatric Inpatient Services, of the Centre for Addiction and Mental Health, Toronto (“CAMH”).

3. Mr. Parisi’s current Disposition allows him to live in the community, in 24 hour-a-day supervised accommodation approved by the person in charge. While living in the community, he is to report to the person in charge of CAMH, or his or her designate, not less than once per week.

4. His current Disposition further recommended that the court hold an inquiry, pursuant to the provisions of s. 672.851(1) of the Criminal Code, to determine whether a stay of proceedings should be ordered. On July 29, 2024, the Board issued a “Recommendation,” to do so.

5. On June 24, 2025, the Board convened a hearing at CAMH to conduct the annual review of the current Disposition.

6. Mr. Parisi was represented by his counsel, Mr. Berman, who advised that his client would not be attending this hearing. On the consent of all the parties, an order pursuant to s. 672.5(10)(a) was made, allowing Mr. Parisi to be absent from this hearing.

7. A Hospital Report, dated June 6, 2025 (the "Hospital Report"), was entered as Exhibit 1.

8. In accordance with s. 672.48(1) of the Criminal Code, the Board must decide whether Mr. Parisi is fit to stand trial on the day of the hearing, within the meaning of s. 2 of the Criminal Code. Specifically, is Mr. Parisi able, on account of mental disorder, to understand the nature of a trial and the possible consequences of the proceedings and to communicate with counsel? The other issues before the Board are whether Mr. Parisi is permanently unfit, and if so, whether he remains a significant threat to the safety of the public.

9. If Mr. Parisi is found fit, he must be sent back to court. If he is found unfit, but not permanently so, the Board must make a Disposition that is necessary and appropriate, considering the criteria set forth in s. 672.54 of the Criminal Code. Similarly, if he is found to be both permanently unfit and a significant threat, the Board must determine the appropriate Disposition. If he is not found to pose a significant threat to public safety, he must be returned to the court.

10. For the reasons set out below, and based on the evidence before us, this Board has concluded that Mr. Parisi is permanently unfit to stand trial and is no longer a significant threat to the safety of the public. Therefore, the appropriate Disposition is that he should be returned to the court for the purposes of a hearing, pursuant to s. 672.851(1) of the Criminal Code. Pending his return to court, Mr. Parisi will be subject to continuation of the existing Detention Order Disposition, with one amendment: a reduction of his reporting requirement, from once a week to once every four months.

Outstanding Charges:

11. The circumstances of the allegation against Mr. Parisi are excerpted from last year’s Board Reasons, as follows:

"Mr. Parisi’s charges included Assault, Mischief x3, Failure to Appear at Court, and Failure to Attend for Fingerprints.

According to the Synopsis for a Guilty Plea, on Friday 19 December 2020, at approximately 03:30, Mr. Parisi was observed with a knife in his hands at the parking lot of 3328 Weston Road where he resided. He was seen slashing the tires of three parked vehicles in the parking lot. One of the victims was the superintendent of the building and the other two were family members of the superintendent. He was arrested and released on a Form 10 with a promise to attend Court and attend 23 Division to provide his photos and fingerprints. He failed to comply with both instructions, and a Bench Warrant was issued for his arrest on 16 February 2021.

On 26 February 2021, Mr. Parisi passed by another victim, who was known to him in the hallway and yelled at her to “get out of here or you will be sorry.” This victim was a family member whose vehicles were allegedly slashed by Mr. Parisi. Later on that day, he yelled at her to “get out of my building” and allegedly pushed the victim against the wall. The victim managed to get away from him into her apartment. Police were called and Mr. Parisi refused to come out stating that he barricaded the door. A warrant was obtained and Mr. Parisi was then arrested.”

Criminal Record and Personal History:

12. Mr. Parisi’s criminal record and personal history are outlined in the Hospital Report, and they are accurately summarized in last year’s Reasons:

“Mr. Parisi did not have a criminal record prior to the current charges.

The only available information with respect to Mr. Parisi’s background is that provided by him to the treatment team. Due to his abnormal mental state and lack of cooperation,

the reliability of the information he provided is limited. Mr. Parisi reports that he moved to Canada from Italy sometime during the 1960s. He has family living in Toronto but has had limited contact with them. Mr. Parisi reports that he has two adult children from a prior marriage but has no contact with them. He did not believe the children were biologically his. He had worked in the past as an assembly worker but was retired and supported by CPP and OAS. Mr. Parisi denies that he suffers from a mental illness and has refused to engage in any assessment of his psychiatric history. Medically, Mr. Parisi suffers from uncontrolled hypertension and has refused medications to treat this condition. He has also been prescribed oral medications for diabetes. In May 2021, Mr. Parisi was found incapable of consenting to treatment with antipsychotic medications. With the consent of his Substitute Decision Maker (SDM) the Public Guardian and Trustee of Ontario (PGT), Mr. Parisi has been receiving treatment with antipsychotic medication.

On August 21, 2023, Mr. Parisi was transferred to a 24-hour supervised Long-Term Care (LTC) residence at Baycrest. This is a locked transitional behaviour support unit that provides care to individuals with major neurocognitive disorders who experience behavioural and psychological symptoms of dementia. Baycrest utilizes a clinical team including personal support workers, nurses, a social worker, a family physician with a focus to practice on care of the elderly and a geriatric psychiatrist.”

Course Since Last Disposition:

13. Mr. Parisi’s course since his last Disposition is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing:

“Mr. Parisi continued to reside in the secure transitional behaviour support unit (TBSU) at Baycrest. He remained on the waiting list for a permanent placement in a Cognitive Behaviour Unit (it offers 24h supervision in a secured setting with one less personal support worker than the TBSU) at Baycrest. His substitute decision maker continued to support the current placement and did not revoke consent to the same.”

Position of the Parties:

14. Counsel for the hospital, for the Attorney General and for Mr. Parisi advised that this was a joint submission: all were adopting the hospital’s recommendation for the court to inquire whether a stay of proceedings should be ordered. All parties agreed to reducing Mr. Parisi’s reporting to not less than once every four months. All agreed that Mr. Parisi was permanently unfit but that he no longer represented a significant threat to the safety of the public.

15. Counsel for the Attorney General advised that he was currently investigating this matter, to see whether a stay has been issued. If not, he will be bringing this matter back to the court, within the next 10 days.

Evidence at the Hearing:

16. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Jaiswal. Dr. Jaiswal testified as follows:

a) He is Mr. Parisi’s attending psychiatrist and he has read and adopted the contents of the Hospital Report.

b) He agreed the following paragraphs from last year’s Disposition are still true today:

“The evidence on behalf of the hospital was presented by Dr. Jaiswal. He is the author of the Hospital Report which was filed as an exhibit. He testified that he had last assessed Mr. Parisi at Baycrest the week before the hearing. He stated that there had been no changes in Mr. Parisi’s fitness or in his mental state. In his opinion, Mr. Parisi was permanently unfit to stand trial. Dr. Jaiswal submitted that in his opinion Mr. Parisi no longer represents a significant threat to the safety of the public. Mr. Parisi was found to be incapable with respect to making a decision about placement and is at Baycrest with the consent of his SDM, that being his brother. Dr. Jaiswal said it is unlikely that the SDM would withdraw his consent for the placement. Given the success that has been demonstrated by the move to Baycrest, Mr. Parisi has been placed on a list for transfer within the residence to a permanent unit. There will be no change in the treatment and care which he receives once that transfer is made. Dr. Jaiswal stated that with the treatment and support in place at Baycrest there is sufficient risk mitigation independent of CAMH and the ORB to consider Mr. Parisi’s risks to the safety of the public to be low. In the past 11 months there have been no reports of aggression or agitation. Mr. Parisi is receiving a long-acting injectable antipsychotic medication and is residing in a secure supervised facility. The staff at Baycrest have indicated that they are comfortable with utilizing the provisions of the Mental Health Act to manage Mr. Parisi. For all those reasons, Dr. Jaiswal stated that in the opinion of the treatment team Mr. Parisi no longer represents a significant threat to the safety of the public.

In response to questions from Ms. Culp, Dr. Jaiswal stated that Mr. Parisi suffers from a major neurocognitive disorder. He has no understanding of the charges against him or the court process. He has no capacity to meaningfully participate in a trial and his condition is permanent. With respect to the placement, Dr. Jaiswal stated it was unlikely that the SDM would consider withdrawing his consent for Mr. Parisi to reside at Baycrest.”

c) He agreed that Mr. Parisi is permanently unfit and is no longer a significant threat to the safety of the public.

d) He agreed that Mr. Parisi cannot meaningfully communicate with his counsel.

e) Mr. Parisi is currently on a long-acting injectable medication, and his current long-term care placement is the best place for him to be.

f) The reason they are requesting a change in Mr. Parisi’s reporting requirement is that, at Baycrest, Mr. Parisi has access to a physician, who usually visits weekly. He also has access to a geriatric psychiatrist. Reporting weekly would be an overlap of the services that are already provided to Mr. Parisi. The treatment team is in regular contact with his treatment team at Baycrest.

g) Mr. Parisi is currently in a secure, supervised, long-term care setting. He is currently on a transitional unit and is on a waitlist for a permanent, secure, long-term care unit. The long-term care unit will provide the same structure and support that he is currently receiving.

17. No other evidence was called.

Analysis and Conclusions:

18. The panel is unanimous in accepting the joint submission of the parties as supported by the contents of the Hospital Report and the viva voce evidence of Dr. Jaiswal. With respect to the issue of fitness, Mr. Parisi suffers from a major neurocognitive disorder which will not improve and will quite likely get worse. Even at this stage, he has no understanding of the charges against him or the court process. In no way could he meaningfully instruct counsel or participate in a trial. The Board accepts Dr. Jaiswal’s uncontroverted opinion that Mr. Parisi is permanently unfit.

19. In particular, the Board relies on the Scenario Planning and Composite Assessment of Risk, Fitness to Stand Trial, Risk Management and Team Recommendation, set out in the Hospital Report:

“Scenario Planning and Composite Assessment of Risk

With ongoing placement on a secure long-term care unit such as the TBSU or CBU at Baycrest, Mr. Parisi’s risk for violent re-offending is low. Thus, on balance, the threshold for significant threat is no longer met.

Fitness to Stand Trial

Mr. Parisi is unable to understand the nature, objects, or consequences of the proceedings. On balance, Mr. Parisi is unfit to stand trial from a psychiatric perspective, and this is likely permanent.

Risk Management

Major Neurocognitive Disorder

Ongoing placement in a 24hr supervised setting, such as the TBSU or CBU at Baycrest is appropriate with respect to mitigating risk stemming from this factor. Consent from his SDM for placement in such a setting has not been revoked.

Unspecified Schizophrenia Spectrum Disorder

Ongoing treatment with antipsychotic medications is warranted to mitigate the risk arising from an experience of psychotic symptoms. This is currently being prescribed and administered by Mr. Parisi’s clinical team at Baycrest.

Team Recommendation

Mr. Parisi’s FOPS team supports the ORB’s recommendation for the Court to inquire whether a stay of proceedings should be ordered. Further, the team recommends reducing reporting to not less than once every four months.”

20. As set out above, with the placement at Baycrest and the ongoing use of LAI antipsychotic medications, Mr. Parisi’s risk to the safety of the public has been reduced to a level where he no longer represents a significant threat and does not meet the threshold as set out in Winko.

21. For the reasons set out above, the Board is unanimous in finding that Mr. Parisi is permanently unfit to stand trial and is no longer a significant threat to the safety of the public. Therefore, the appropriate disposition is that he should be returned to the court for the purposes of a hearing pursuant to s. 672.851(1) of the Criminal Code.

DATED this 6th day of August, 2025, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein Alternate Chairperson

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Office of the Registrar Ontario Review Board