Ontario Review Board
Re: Sukhbir B. Mann
ORB File No: 6420
Hearing held on: Wednesday, May 7, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M. Segal Members: Dr. K. Hand Dr. L.O. Lightfoot Ms. M. Chamberlain Mr. J. Cyr
Parties Appearing:
Accused: Sukhbir B. Mann Counsel: Mr. T. Luscombe
The person in charge of hospital: Counsel: Mr. J. Thomson
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated August 22, 2025)
Introduction
[1]. Sukhbir B. Mann, age 39, was on October 18, 2013, found not guilty by reason of mental disorder on charges of assault with a weapon (x3), aggravated assault, failure to comply with probation order (x6) and assault, contrary to the Criminal Code. On May 7, 2025, Mr. Mann appeared before the Ontario Review Board (the “Board”) from the Waypoint Centre for Mental Health Care (the “hospital”) for his annual hearing.
[2]. The Board had before it as Exhibit 1 a Hospital Report dated March 20, 2025.
[3]. The hospital, supported by Crown counsel, recommended maintenance of the current Disposition. The patient’s counsel anticipated joining that position.
Diagnoses
[4]. Schizophrenia Cannabis Use Disorder, in remission in a controlled environment Alcohol Use Disorder, in remission in a controlled environment Antisocial Personality Disorder and Dependent Personality Disorder
[5]. Mr. Mann is currently not capable of making decisions about his medical treatment. He is also not capable of managing his finances independently. His sister is his substitute decision maker.
Background
[6]. Mr. Mann grew up in Toronto. He lived in a violent neighborhood and associated with individuals involved in gangs. He entered university but could not complete it indicating that paranoia caused him to leave prematurely.
Index Offences
[7]. The circumstances of the index offences are taken from last year’s Reasons for Disposition, as follows:
On January 1, 2013, Sukhbir Mann, entered the Esso Gas Station at 1641 Markham Road, City of Toronto. He went to the Tim Horton’s counter to order a coffee and then started pacing back and forth. As the male and female victims were dealing with the Esso cashier, the accused approached from behind with a knife in his right hand and lunged from behind slicing the male victim’s entire right cheek. When another male victim came to the aid of the first victim, Sukhbir brandished his knife and said, “Do you want some too?” He then walked back over to the Tim Horton’s counter, picked up his coffee and threw his full hot coffee at the female victim. He then left the Esso Station and walked eastbound on Sheppard Avenue. Police arrived on scene and placed him under arrest.
On June 27, 2013, the victim officer assigned to inmates from the 2A unit retrieved Sukhbir Mann and another inmate. The victim officer conducted a pat down search of Mr. Mann and then moved on to do the same with the second inmate. Mr. Mann said to the victim officer, “How are you doing?” to which he replied “Fine.” As he turned away, he felt a hard blow to the left side of his head and face. The victim officer turned and saw Mr. Mann backing away from him with both fists up and clenched. A supervisor attended and handcuffed the accused. As they led him away, he called the victim officer a “nigger”.
Evidence at Hearing
[8]. Dr. Ismail, the patient’s psychiatrist, testified. Dr. Ismail indicated that seclusion ended December 22, 2023. There was a positive Board hearing. Mr. Mann was on a good trajectory but in February 2024 there was another assault on a staff member. It was unprovoked, unpredictable, and opportunistic. The staff member was injured requiring three days off.
[9]. There is a pattern according to the doctor. Mr. Mann is secluded, works his way out of seclusion but inevitably attacks someone. An external consultation was made. It recommended optimizing his medications, the administration of valproic acid, and anger management therapy. Valproic acid is now at therapeutic levels.
[10]. Dr. Ismail indicated that the schizophrenia is quite stable but there are manifestations of antisocial personality disorder. Mr. Mann has attended several anger management sessions. Mr. Mann knows what to do but fails in using the tools that he has.
[11]. The current plan allows Mr. Mann to attend the canteen in restraints which is a rare practice. The plan is to have Mr. Mann work on holding fluids given his history of throwing them at others.
[12]. Mr. Mann enjoys poetry and music. He has access to television, a computer, and books in his room.
[13]. There is a contrast between his poetic nature and his affinity toward game culture. Mr. Mann read one of his poems to the Board. One of his poems had been published in the hospital calendar.
[14]. Mr. Mann has had some good relations with staff but then attacks them.
[15]. Ultimately, the outstanding charge arising from his last assault was stayed at the request of the complainant staff member. The consultation had recommended that the criminal process should be allowed to play through if there is further assaultive behaviour. This could result in Mr. Mann becoming a dual offender.
[16]. While Mr. Mann is slightly less irritable following the intake of valproic acid there are continuing incidents pushing boundaries and involving derogatory comments to staff.
[17]. Ankle restraints have been removed, and he has been allowed freer movement in his wrist restraints.
[18]. Mr. Mann persists in trying to get staff near him, but staff are wary.
[19]. Mr. Mann continues to glorify assaultive behaviour. He viewed the withdrawal of the outstanding charges a victory.
[20]. He believes staff are out to get him. On occasion, he shows remorse for his actions, but it is not viewed as genuine.
[21]. The attacks come out of the blue.
[22]. It is against hospital policy to withhold the things Mr. Mann enjoys such as privileges that permit him to enjoy poetry and music.
Analysis
[23]. Mr. Mann continues to be a significant threat to public safety. There is a history of lashing out unpredictably at staff. The hospital is following the medical and therapeutic recommendations of an external consultation. As is to be expected, attempts are being made to gradually increase liberty, but it is fraught with apprehension. The current Disposition is appropriate, and the tribunal is of the view that the current Disposition is the least restrictive and least onerous in all the circumstances.
DATED this 22nd day of August 2025, at the City of Toronto, in the Toronto Region.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board