Ontario Review Board
Re: Jonah Fluxgold
ORB File No: 5324
Hearing held on: Tuesday, June 24, 2025
Place of Hearing: Providence Care Hospital, Kingston, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Hanbidge
Members: Ms. K Brisson
Dr. S.J. Hucker
Dr. W. Loza
Ms. K. Weisbaum
Parties Appearing:
Accused: Jonah Fluxgold
Counsel: Mr. M. Rodé
Person in charge of hospital: Counsel: Ms. T. Tom
Attorney-General of Ontario: Counsel: Ms. J. Ferguson
REASONS FOR DISPOSITION
(Dated August 20, 2025)
Introduction
On October 13, 2020, Mr. Jonah Fluxgold was found not criminally responsible (NCR) on account of mental disorder on a charge of sexual assault, contrary to the Criminal Code of Canada (“Criminal Code.”)
Mr. Fluxgold is currently subject to a Disposition Order of the Ontario Review Board (“ORB”, or “the Board”) dated July 22, 2024, which discharges him with certain terms and conditions.
On June 24, 2025, a panel of the Board convened at Providence Care Hospital (“PCH”, or “the hospital”) in accordance with s. 672.81(1) of the Criminal Code. Mr. Michael Rodé, counsel for Mr. Fluxgold, attended the hearing, as did Mr. Fluxgold. The Hospital Report, dated May 29, 2025, was filed as Exhibit 1. In addition to the documentary evidence, Dr. Michael Chan, Mr. Fluxgold’s attending psychiatrist, gave evidence at the hearing. The hospital was represented by Ms. Tina Tom and the Attorney General of Ontario by Ms. Jennifer Ferguson.
The issue at the hearing was whether Mr. Fluxgold continues to represent a significant threat to the safety of the public, as defined in s. 672.5401 of the Criminal Code and, if so, the necessary and appropriate Disposition to manage that risk, having regard to the criteria set out in s. 672.54 of the Criminal Code.
The Board found that Mr. Fluxgold remains a significant threat to the safety of the public and that the most appropriate and necessary Disposition is the continuation of the existing Conditional Discharge Disposition on the same terms and conditions.
Position of the Parties
Ms. Tom stated that, as set out in the Hospital Report, Mr. Fluxgold continues to be a significant risk to the safety of the public and the appropriate Disposition is a continuation of the Conditional Discharge Disposition with the same terms and conditions, as set out in the Hospital Report of May 29, 2025, at pages 76 to 77.
On behalf of the Attorney General, Ms. Fergusson joined the hospital.
Mr. Rodé stated that he had instructions to join the hospital.
At the end of the evidence, all parties remained in agreement to continue the existing Conditional Discharge Disposition on the same terms and conditions.
Index Offence
- The circumstances of the index offences are taken from last year’s Reasons for Disposition, as follows:
“On March 6, 2008, a woman reported she had been sexually assaulted in the elevator of an office building on Bay Street in Toronto. Mr. Fluxgold had followed her into the main lobby of the building and entered the elevator as the only other occupant. When the elevator doors closed, he immediately cornered the victim and placed his left hand on her genital area. He attempted to move his face close to the victim’s face, but she blocked him with her forearm. She then grabbed him by his jacket and pulled him out of the elevator. She proceeded to pull him down the hallway toward her office and, with the assistance of two other employees, held him pending the attendance of police. However, building security attended the victim’s office prior to police arrival and escorted him out of the building. He then fled on foot and was no longer on scene when the police arrived.
He attended the building the next day but was stopped by security and again escorted off the premises. He told them he had returned to make amends with the victim. Subsequently, on March 11, he again returned to the building to contact the victim, who was working at her place of employment. She immediately contacted the police, and he was arrested. He advised the police that he had come to apologize.”
Personal Background and Psychiatric History
The following personal background and psychiatric history of Mr. Fluxgold is summarized from the Hospital Report, filed as Exhibit 1 at the hearing, and from last year’s Reasons for Disposition dated June 24, 2024.
Mr. Fluxgold is a 48-year old man born in Toronto, who financially supports himself through employment at a local grocery store. He has an older sister who resides in Ottawa. At the age of 11, his family moved to British Columbia and his parents subsequently divorced when he was 18. His mother now lives in Seattle, Washington, and his father in Vancouver, British Columbia.
It is reported that Mr. Fluxgold excelled from an early age and was placed in a gifted student program in elementary school. At the age of 21, he graduated with a Bachelor of Arts degree from the University of British Columbia. He was accepted into the Master of Arts program at Concordia University in Montreal but left the program within a few weeks. He has had various jobs, including working at a golf course, a library, and at Much Music in Toronto. Prior to the index offence he was employed at a Toronto fitness centre.
Mr. Fluxgold’s history of substance use is unclear due to varying reports, but he has disclosed to his father having used a wide variety of substances, including crystal methamphetamine and psilocybin.
Mr. Fluxgold has a criminal history. He was arrested for the first time in January 2004, when, during rush hour, he was found jumping on the hoods of cars on the Burrard Bridge in Vancouver. His charges of assault and mischief were stayed. In April 2007, Mr. Fluxgold got into a limousine in Saskatoon and attempted to enter the Juno Awards ceremony but was stopped by security guards. He was charged with three counts of assault and mischief. He received an absolute discharge on an assault and mischief charge and the other two assault charges were stayed. The Hospital Report also indicates he had an outstanding warrant in Alberta for the offences of criminal harassment, two counts of indecent act, two counts of assaulting a police officer, two counts of possession of a controlled substance (methamphetamine) for the purpose of trafficking, possession of cannabis under 30 grams, failing to attend court, and failing to comply with a release order. It is also reported that Mr. Fluxgold went AWOL from PCH in the past and was subsequently arrested in the United States.
Over the years, Mr. Fluxgold had several admissions to psychiatric facilities. His first admission was in 1999 when he was 22 years old. Many hospital admissions followed. His first involuntary admission was at age 25, to the University of British Columbia Hospital in Vancouver in 2002. He eloped three times and was eventually discharged from hospital in April 2003, with a diagnosis of schizophrenia. Other admissions led to involuntary committal orders and living in psychiatric group homes.
Mr. Fluxgold has a history of non-compliance with treatment but is now treatment compliant.
In the fall of 2006, his doctor was unable to renew Mr. Fluxgold’s involuntary committal order and Mr. Fluxgold refused all treatment. As of March 2008, he had no fixed address for approximately a year and was residing in various hotels and hostels in Toronto.
In March 2008, Mr. Fluxgold was charged with sexual assault and criminal harassment, which was his index offense. On April 24, 2008, he was admitted to Waypoint Mental Health Centre (“Waypoint”) for an assessment of his fitness to stand trial. On June 5, he returned to court with the recommendation of fit to stand trial. On June 24, 2008, he was admitted to the Centre for Addiction and Mental Health (“CAMH”) pursuant to a treatment order. During this assessment, he was transferred to Waypoint, following an assault on another patient. On August 26, 2008, he was discharged back to court and subsequently found fit to stand trial.
On April 23, 2009, Mr. Fluxgold was found NCR on the charge of sexual assault and returned to Waypoint under the jurisdiction of the Board. On January 11, 2010, he was ordered by the Board transferred to PCH. In 2018, Mr. Fluxgold was discharged to the community where he remained at the time of the hearing.
Current Diagnoses
- The Hospital Report lists Mr. Fluxgold’s diagnoses as schizoaffective disorder, autism spectrum disorder and substance use disorder - in remission. (At Mr. Fluxgold’s 2024 disposition hearing, Dr. Chan testified that Mr. Fluxgold’s diagnoses were schizoaffective disorder and substance use disorder - in remission.)
Evidence: Course in Hospital—Hospital Report dated May 29, 2025
- The “Summary of Risk & Conclusions” provided by Dr. Chan on page 75 of the Hospital Report dated May 29, 2025, is as follows:
“Mr. Fluxgold struggles with social judgment and has encountered stressors as a result. His recent distance relationship caused the team to worry he was getting in “over his head”. This has now ended by natural agreement. His search for romantic attachment continues and he requires guidance/support to navigate this. Otherwise risk scenarios may develop. His chronic psychosis could negatively impact such social behavior. Mr. Fluxgold remains a significant risk to the safety of the public.”
- Apart from Dr. Chan’s recommendation above, the Hospital Report of May 29, 2025, is largely comprised of the Psychological Risk Assessment completed by Dr. Rebecca Douglas, dated May 30, 2024. Dr Douglas’ Assessment includes a detailed evaluation of Mr. Fluxgold as of May 30, 2024, and will not be repeated here. Much of the content of the Assessment was reflected in Dr. Chan’s testimony, as set out below.
Evidence at the Hearing
Dr. Chan stated that he has been Mr. Fluxgold’s treating psychiatrist since September 2023. He is the author of the Hospital Report and adopted its contents.
Dr. Chan testified that Mr. Fluxgold remains a risk to the public. He is doing well due to a balance of supports from his outpatient treatment team. He is in close contact with his case manager, who supports him in a variety of ways, including planning around social relationships and navigating challenges. There are many stressors that the team helps him work through, e.g., his online relationships. The team’s job is to manage stressors that could lead to a risk of relapse. The team knows that if Mr. Fluxgold is in psychotic relapse of his schizophrenic illness, he becomes quite ill and can become quite disturbed. Mr. Fluxgold’s team supports him in managing challenges related to relationships and finances, which requires him to maintain “a delicate balance to maintain his mental wellness.” Dr. Chan stated that nevertheless, Mr. Fluxgold is doing very well.
Dr. Chan stated that Mr. Fluxgold is Dr. Chan’s only patient to experience two different forensic systems, i.e., one in Ontario and the other in California. Mr. Fluxgold’s illness was not treated while he was in the United States.
Dr. Chan stated that Mr. Fluxgold continues to work full time, so he is able to support himself and no longer needs support from the Ontario Disability Support Program (ODSP). He now has financial resources. His current living arrangement comes to an end at the end of August. He likes where he is living and has decided he will remain in his current location, but he is under some pressure to find a roommate. A former patient in the program who is not NCR might need accommodation over the summer and might share accommodation with Mr. Fluxgold. The team has some concerns and wants to ensure that a roommate will not create stress for and destabilize Mr. Fluxgold. If the other person is not stable, it might impact Mr. Fluxgold and anything that increases stress can increase his risk for destabilization. Mr. Fluxgold’s prospective roommate also has mental health issues, and the team is concerned that the roommate’s own illness may impact Mr. Fluxgold. However, his team is monitoring his situation closely and will continue to discuss their concerns with Mr. Fluxgold and work with him to help him identify when someone else is not well and how to manage his own stress accordingly.
Dr. Chan stated that over the past year, Mr. Fluxgold had an online “virtual relationship”, which came to an end by mutual agreement. His team was concerned for him, given he was promising to give full financial support to his girlfriend. They did not want anyone to take advantage of Mr. Fluxgold. Dr. Chan stated that “the romantic domain is where he had his original struggles with the index offence.” Mr. Fluxgold has been open with his team about his girlfriend coming to Canada. The team sought and could not get related information from Mr. Fluxgold’s sister, who was somehow sponsoring his girlfriend.
Mr. Fluxgold is medication compliant and continues to have good insight regarding the benefits of his medication.
Dr. Chan testified that there has been some discussion with Mr. Fluxgold about transitioning to more community-based support for mental health. However, Dr. Chan has some concerns that local community mental health supports are overburdened and would not be able to attend to Mr. Fluxgold’s complexities, especially the forensic component. In Mr. Fluxgold’s case, there are variables to consider beyond managing his mental illness. Mr. Fluxgold is resourceful and intelligent and, as such, he can sometimes “get ahead of himself.” Community-based teams “may or may not, be able to keep up with him.” Additionally, Mr. Fluxgold values his relationship with his team and Dr. Chan. Community-based support for Mr. Fluxgold would not be explored until the team has an “exit strategy” in place, at which point there would be an overlap to transition Mr. Fluxgold to community-based support.
There were no questions from either Ms. Ferguson or Mr. Rodé.
In response to questions from the panel, Dr. Chan stated that with regard to the previously mentioned “ongoing challenges” related to maintaining relationships and managing finances, the team is addressing these items in ongoing discussions with Mr. Fluxgold. In those discussions, Mr. Fluxgold has been very open. While “[it] gets tricky when the team digs too much”, Mr. Fluxgold knows and appreciates that the team has concerns for him in these areas and is there to support him. He sometimes feels that his team is overly protective, however, as Dr. Chan stated, “that’s our job.”
Dr. Chan testified that Mr. Fluxgold’s index offence was a sexual one related to a combination of his difficulty with relationships and his mental illness. Sexual pathology has not been a focus of his treatment since he came to PCH, rather, it is more about poor courtship behaviours in heterosocial relationships, and that is how his team has worked with him, e.g., through coaching and role-play. Dr. Chan stated that to the best of his knowledge, Mr. Fluxgold has no history of behaviours such as stalking and so the question of paraphilia has not come up in treatment.
Dr. Chan stated that unlike in the past, Mr. Fluxgold has not recently talked about going to Manitoba. He sometimes still talks about his aspiration to be involved in politics (and he has been involved in political issues in the past.) Most often, he talks about improving his employment and education prospects. He has also had thoughts of completing a master’s degree or taking college business courses.
No further evidence was called.
Final Submissions
In her final submissions, Ms. Tom restated the joint position of the parties that Mr. Fluxgold remains a significant threat to the safety of the public and requested an extension of the existing Conditional Discharge Disposition. Ms. Tom added that Mr. Fluxgold has had a good year. As Dr. Chan had explained (and as found in the Hospital Report), a factor related to ongoing significant risk for Mr. Fluxgold is the current stressor of finding a new roommate. The team has related concerns, although Mr. Fluxgold says he knows the person and can manage the situation. Of most importance to Mr. Fluxgold is his positive working relationship with his treatment team, which will provide him with the necessary support over the coming year to manage his situation with a new roommate and maintain his hard-won stability.
Ms. Ferguson, on behalf of the Attorney General, had nothing further to add.
Mr. Rodé endorsed Ms. Tom’s submission. He added that Mr. Fluxgold is certainly cognizant of the team’s concerns, however, he feels he has a plan. Under these circumstances, the work he has done with his team and the fact that Mr. Fluxgold continues to be open with the team should satisfy the Board that continuing his conditional discharge is still the least onerous and least restrictive option for Mr. Fluxgold.
Analysis and Conclusion
Notwithstanding the positions of the parties, the Board found that Mr. Fluxgold continues to pose a significant risk to the safety of the public and that the most appropriate and necessary Disposition is the continuation of the existing Conditional Discharge Disposition on the same terms and conditions as found in the Hospital Report of May 29, 2025.
The panel notes that the Hospital Report of May 29, 0225, is largely comprised of the Psychological Risk Assessment completed by Dr. Rebecca Douglas, dated May 30, 2024. The Assessment includes a detailed evaluation of Mr. Fluxgold as of May 30, 2024. In coming to its decision, the panel focussed on Dr. Chan’s oral testimony. Dr. Chan’s evidence at the hearing was up-to-date regarding Mr. Fluxgold’s progress since his 2024 annual hearing. As such, the panel was focused on Mr. Fluxgold’s condition as of his current hearing, which is what matters most for this decision.
The Board accepted the documentary evidence, and the oral testimony of Dr. Chan. Mr. Fluxgold has had a good year. There have been no incidents of violence. He continues to be compliant with his treatment and works well with his treatment team. He continues to work full time and supports himself financially. He continues to experience challenges in his personal relationships but is open and receptive to support and therapy from the team in this regard. The months ahead may pose further challenges with respect to having a new roommate, but Mr. Fluxgold has stated that he is confident he can meet any related challenges and, most importantly, he has and accepts the support of his team and Dr. Chan.
As included in the Board’s Reasons for Disposition of last year dated June 24, 2024, the panel notes again that Mr. Fluxgold has a very good rapport with his out-patient forensic treatment team. This provides him with support in the community conducive to maintaining his hard-won stability and continuing to move forward through the ORB system.
The Board’s Reasons for Disposition of last year dated June 24, 2024, included the following at paragraph 38:
“As an aside, Mr. Fluxgold's criminal history, incorporated throughout the Hospital Report, includes both convictions, stay of charges, and outstanding warrants from the province of Alberta. It would be helpful at next year's hearing for the Crown to provide the panel with an updated CPIC record to bring clarity to this area.”
Regarding the hearing this year on June 24, 2025, the panel restates that it would continue to be helpful for the Crown to provide an update on this item to the Board at Mr. Fluxgold’s next hearing to bring clarity to this area.
The Board extends its best wishes to Mr. Fluxgold as he continues to make positive progress while living in the community.
For the reasons set out above, the Board came to the unanimous conclusion that Mr. Fluxgold remains a significant threat to the safety of the public and that the most appropriate and necessary Disposition is the continuation of the existing Conditional Discharge Disposition on the same terms and conditions. In reaching its decision, the Board considered the safety of the public, Mr. Fluxgold’s mental condition, his reintegration into society and his other needs.
DATED this 20th day of August 2025, at the City of Toronto, in the Toronto Region.
Ms. K. Weisbaum
Legal Member
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Office of the Registrar
Ontario Review Board