Re: Giancarlo A. Di Rosa, 2025 CanLII 81167

Re: Giancarlo A. Di Rosa

ORB File No: 8489

Hearing held on: Tuesday, June 10, 2025

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. K. Hand Dr. G. Nexhipi Ms. M. Chamberlain Ms. B. Little

Parties Appearing:

Accused: Giancarlo A. Di Rosa Counsel: Mr. D. Northcott

The person in charge of hospital: Counsel: Mr. J. Thomson

Attorney General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated August 14, 2025)

Introduction

1. On January 31, 2024, Mr. Giancarlo A. Di Rosa was found not criminally responsible (“NCR”) on account of mental disorder on charges of disobey court order, assault by choking and forcible confinement, all contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Di Rosa is currently subject to a Disposition of the Ontario Review Board (the "Board") dated June 18, 2024, detaining him at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint”), with hospital and grounds privileges, escorted by staff.

2. On June 10, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Di Rosa was in attendance and was represented by his counsel, Mr. Northcott.

Without Prejudice Position of the Parties

3. Mr. Thomson, on behalf of the hospital, indicated that no changes are sought to the disposition in effect since Mr. Di Rosa’s transfer from St. Joseph's on June 20, 2024.

4. Ms. Armenise, on behalf of the Attorney General, joined in the hospital’s recommendation.

5. Mr. Northcott, for Mr. Di Rosa, conceded the ongoing presence of significant threat and advised that his client requested to be transferred to medium security.

Index Offences

6. The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:

“Giancarlo DI ROSA is currently bound by a Common Law Peace Bond stemming from an Assault conviction. The Peace Bond was signed by Justice K. WHITTARD on May 26th, 2023 and is valid for a period of 1 year.

The following is a relevant condition: keep the peace and be of good behaviour generally for a period of 12 months, from the date of making of this order.

Incident

On Sunday August 20th, 2023 police were dispatched to St. Joseph's West 5th Hospital located at 100 West 5th Street in the City of Hamilton for an Assault Report.

At 1:06 pm police met the nurse in charge on Orchard 2, Dean VILLAFUERTE, as well as the attending physician, Doctor Peter COOK. The incident happened on August 19th, 2023 at approximately 4:00 pm.

The accused, patient Giancarlo DI ROSA had entered the floor’s TV lounge where fellow patient Leanora BAILEY, was sitting. Giancarlo then proceeded to put his arm around Leanora’s neck choking her. In doing so, Giancarlo barricaded the door shut so to avoid nursing staff being able to gain entry. Staff were ultimately able to get into the room, and separate both parties. Leanora fell unconscious to the floor, but moments later, regained consciousness. Giancarlo was quickly removed at which time he uttered “God told me to do it.” This was all corroborated by witness Bradley BABINEAU who was in the room during the incident and it was also captured on video.

Staff noted that Leanora had soiled herself, likely as a result of the fear of stress from the incident. No injuries were observed around her neck, however, she did initially mention soreness. Giancarlo was escorted back to his room where he was placed in restraints.

Due to Leanora’s diminished mental capacity and not having a Power of Attorney, the Notice to Victims of Crime, Medical Release Form and Victim Impact Statement were not completed.

At 4:52 pm police arrested Giancarlo for Assault, Forcible Confinement and Disobey Court Order. Giancarlo was of sound mind and stated he understood the charges. He declined speaking with a lawyer, noting he had previously consulted with them earlier this morning. Giancarlo was then released by way of Undertaking with no contact conditions.”

Background

7. The Hospital Report contains considerable detail about Mr. Di Rosa’s personal and psychiatric background and need not be repeated in these Reasons. Some relevant information will be highlighted.

8. Mr. Di Rosa is a 35 years old unmarried male with no children. He is diagnosed with Treatment Resistant Schizophrenia. He also exhibits antisocial traits, meaning he tends to ignore social rules and sometimes acts aggressively. Because he is treatment incapable, his mother has been acting as his Substitute Decision-Maker since 2021. She advises that he no longer uses drugs or alcohol and that there is a familial history of addiction and schizophrenia. He has no criminal record prior to the subject NCR finding.

9. Mr. Di Rosa was born in Toronto and has one brother and one sister. He describes a difficult relationship with his siblings, especially as he got older. His mother said they used to play together when they were young, but as Mr. Di Rosa became angrier, his siblings kept their distance and saw him as a bully. He finished high school in Oakville and was accepted to McMaster University at age 19 to study English. There, he struggled academically, socially, and emotionally, which led him to abandon his studies in 2010. Prior to university, during his teenage years, he supported himself by running a painting business and worked part-time in grocery stores. Since 2022, he has received disability benefits from the Ontario Disability Support Program.

10. Between 2018 and 2021, Mr. Di Rosa had seven documented emergency visits with the Crisis Outreach and Support Team at St. Joseph's Hospital. These often happened during family conflicts, as he was easily upset and emotional. Since January 2021, he has remained a hospital inpatient. Prior to the NCR finding he was under the care of Dr. Peter Cook.

11. The Hospital Report reflects that he tried cannabis for the first time in 2012 when he was 24. Although Mr. Di Rosa reported smoking cannabis for only a short time, he sometimes experienced psychosis or anxiety while using it.

12. His mental health history, detailed in the hospital report, reveals he began having mood problems as early as elementary school. By ninth grade, he was on medication to control his anger. He received mental health counseling while at university. During early adulthood, he described feeling sad, tearful, and angry, and he often argued over small things. He also started hearing messages from God telling him to hurt people. His first documented incident of physical aggression occurred in in 2019 when he assaulted his uncle. Over time, these messages made him believe he needed to attack others to heal from his own trauma.

Current Diagnosis

• Schizophrenia

Evidence at Hearing

13. Dr. Mishra was called to testify on behalf of the hospital. He confirmed having read and agreed with the contents of the Hospital Report. Mr. Di Rosa was transferred to Waypoint from seclusion at St. Joseph's Hospital in Hamilton on June 20, 2024. His seclusion continued at Waypoint through to March 26, 2025. Since then, Mr. Di Rosa has only been allowed accompanied off-unit privileges. He continues to report command hallucinations telling him to assault people. Dr. Mishra related that the command hallucinations Mr. Di Rosa hears are aggravating to him in the moment. Further, his patient believes, that unless the voices are obeyed, he will eventually face torture.

14. To Mr. Di Rosa’s credit, when these command hallucinations now occur he will return to his room and take PRN medications. The individual incorporated within his current command hallucinations is a staff member on the Waypoint unit where he resides. Again, to Mr. Di Rosa’s credit, he has confided to staff the identity of that individual.

15. Mr. Di Rosa’s insight regarding his ongoing need for antipsychotic medication remains sub-optimal. When Dr. Mishra last met with him on June 5th, Mr. Di Rosa stated that he wanted to reduce his prescribed dosage of olanzapine. Dr. Mishra testified that this had previously been tried with a resulting worsening of command hallucinations. Dr. Mishra added that Mr. Di Rosa requested that the dosage of olanzapine be reduced without the knowledge of unit staff. This is impossible as staff administer medications and to do so would also place them at risk.

16. Due to Mr. Di Rosa’s cardiac condition the antipsychotic medications he can be prescribed are limited. Importantly, he cannot be given clozapine. Environmental measures are therefore of significant importance as Mr. Di Rosa remains symptomatic and sub-optimally treated. The intention is to begin with CBT for psychosis and thereafter consider DBT to help with emotional regulation and to learn skills in dealing with emotional distress. The hope is to help him manage the symptoms without feeling compelled to act on them.

17. Mr. Di Rosa is not an antisocial individual. Because his thoughts are organized the risk of him acting on the aforementioned command hallucinations remains present. Dr. Mishra opined that given the circumstances of the index offence and Mr. Di Rosa’s sub-optimal response to pharmacological treatment he needs to remain closely monitored within the high secure envelope of Waypoint. Responding to questions from Ms. Armenise, Dr. Mishra stated that if transferred to a medium secure forensic hospital, such as St. Joseph's, Mr. Di Rosa would likely spend more time in his room or in seclusion.

18. Before a transfer to a medium secure facility could be considered, Dr. Mishra would want to see better symptom control from his patient as well as a demonstrated ability to exercise a higher level of privileges within Waypoint’s secure perimeter. Dr. Mishra would also want to see a fulsome response to antipsychotic medications in tandem with CBT plus exposure to new environments to determine how this patient is likely to react when coming in contact with someone incorporated within his command hallucinations. Mr. Di Rosa’s imminent risk of violence has been reduced within Waypoint’s high secure forensic environment although his symptoms have not changed. If theoretically he were housed in a less secure environment and he incorporated someone else in his delusional beliefs it would be difficult to ascertain how he would react in the circumstances.

19. Since coming out of seclusion there have been no reported acts of aggression or violence. This represents a significant improvement. However, Mr. Di Rosa’s insight vis-à-vis his illness and need for treatment is not fully developed. His current privilege level is C2, which allows off-ward privileges accompanied by two staff.

20. Responding to questions from the panel, Dr. Mishra stated that a cardiac consult for Mr. Di Rosa is imminent but for security reasons the exact date cannot be disclosed. Dr. Mishra added that Mr. Di Rosa had had significant cardiac follow-up while in Hamilton. The purpose of the upcoming consultation is to determine if another psychotropic medication can be tried and if continued cardiac monitoring is necessary.

21. Initially questioned by Mr. Northcott, Mr. Di Rosa stated that his motivation to get out of bed and get off the unit has increased. Since coming out of seclusion he has played floor hockey twice and been staff accompanied to the off-unit coffee social, which involves 45 to 60 minutes of interaction with some twenty other patients. He has also done music therapy and as he was once a musician, finds this uplifting.

22. Mr. Di Rosa advised that he had completed the intake for CBT and will be engaging in this programming going forward on a weekly basis.

23. Mr. Di Rosa advised that while at St. Joseph's in Hamilton he was seen by a cardiologist every two to three months whereas at Waypoint where he has been for the past year he has not yet seen a cardiologist.

24. Mr. Di Rosa testified that he has not been aggressive towards anyone for the past year and the best he can do is to continue to exercise restraint for the year ahead. His goal is to be transferred to a medium secure facility. He was assessed yesterday by staff from a Beckwith unit for a possible transfer to that Program. This would be a stepping stone towards an eventual transfer to the Beausoleil Program which is where he has been told he should be.

25. Mr. Di Rosa explained that his attacks are brought on by God and the Devil who push him to leave his room and attack someone. This obligation began in hospital while being treated and occur about once a week. They are manageable in that the attacks only last for a few hours and can be dealt with by going to his room and taking a PRN.

26. A panel member noted that it seems Mr. Di Rosa has acted on his associations with high school friends. Mr. Di Rosa responded that if there is a staff member that resembles someone from my past who tormented me in high school they may be targeted. However, Mr. Di Rosa has told staff who that individual is and also has not acted upon his impulses. Mr. Di Rosa added that were he in the community and saw someone who he felt he had to attack he could simply go in the other direction whereas in hospital he has to see that same person every day.

27. Mr. Di Rosa is hopeful that if transferred to the Beckwith Program there is no one there who he feels he would have to attack.

28. Mr. Di Rosa does not believe that he will be transferred to a medium secure hospital at this time. In the coming year he hopes to progress within Waypoint, by moving onto the Beckwith Program(for which he was interviewed on June 9th) and thereafter to the Beausoleil Program with a longer term objective of a medium secure placement.

Analysis and Decision

(a) Significant Threat

29. Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.

30. In determining whether Mr. Di Rosa continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

31. The Board unanimously finds that Mr. Di Rosa continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Mishra that Mr. Di Rosa continues to pose a significant threat. The Board also relies on the Hospital Report and the Composite Risk Assessment contained therein at page 29, reproduced below for ease of reference:

Mr. Di Rosa suffers from schizophrenia which is partially treated. He continues to experience ongoing command auditory hallucinations which he believes is the voice of God telling him to attack certain people. When he does not follow through with these instructions, he feels tormented. This leads to extreme distress on his part consequently overriding his self-control. He had in the past assaulted numerous people prior to his arrival at Waypoint. One of these assaults in particular involved him taking a female co-patient hostage in a room and barricading himself. He strangled the patient until she lost consciousness and became incontinent. Given the limited impact of medication on his symptoms, and the restriction regarding therapeutic options due to his cardiac condition, the risk of violence remains present. He lacks insight into the nature of his symptoms and does not believe that they are the derivative of his mental illness. If he was not under the supervision of the Ontario Review Board and provided with the necessary structure and monitoring, he is likely to discontinue his medication with resultant increase in his symptoms and the threat of significant harm to any individual who might be the subject of his delusions. Due to the ongoing symptoms, he required a significant period of seclusion at Hamilton and upon his transfer to Waypoint. At present, with significant diligence and effort on part of the inpatient team, the seclusion has been discontinued, and he is able to enjoy a considerable degree of freedom. At present it is the unanimous opinion of the team that he requires the structure and support provided by the high secure forensic program to manage this risk.

32. The Board therefore accepts that absent an ORB Disposition, Mr. Di Rosa would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Di Rosa will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

(b) Disposition

33. Flowing from the Board’s finding that Mr. Di Rosa continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Di Rosa’s needs pursuant to s. 672.54 of the Criminal Code.

34. The necessary and appropriate disposition for Mr. Di Rosa provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.

35. In considering Mr. Di Rosa needs, the Board was attentive to his desire to be transferred to a medium secure forensic psychiatric hospital within the province of Ontario However, the evidence before this Panel does not support a transfer from Waypoint at this time. Mr. Di Rosa recognized this reality in the course of his evidence. To his credit, Mr. Di Rosa conceded that he should focus on the necessary measures that will enable him to progress within Waypoint. These include participation in programming and an absence of aggression. He identified a rational trajectory involving a move to the Beckwith Program, then to the Beausoleil Program with a longer term goal of transfer to a medium secure forensic hospital. This Panel is hopeful that the year ahead will see Mr. Di Rosa achieving his rehabilitative objectives while working collaboratively with his treatment team(s). He should be commended for identifying and thereby insulating from harm, the staff member on the unit where he resides as of the date of this hearing. Finally, the Board anticipates that by the time of Mr. Di Rosa’s 2025/2026 Annual Hearing additional psychotropic treatment options will have been identified and pursued subsequent to the guidance flowing from an imminent cardiac consultation.

Conclusion

36. Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Di Rosa poses to the safety of the public while still meeting his needs, remains a Detention Disposition absent any changes.

37. In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Mishra and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Di Rosa’s mental condition, his reintegration into society and other needs.

DATED this 14th day of August 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Capelle Alternate Chairperson

__________________ Office of the Registrar Ontario Review Board