Ontario Review Board
Re: Quentin Whan
ORB File No: 8085
Hearing held on: Monday, June 23, 2025
Place of Hearing: Providence Care Hospital
Pursuant to: Sections 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Hanbidge
Members: Ms. K. Weisbaum Dr. S. J. Hucker Dr. W. Loza Ms. K. Brisson
Parties Appearing:
Accused: Quentin Whan Counsel: Mr. M. Rodé
Person in charge of hospital: Representative: Ms. T. Tom
Attorney-General of Ontario: Counsel: Ms. J. Ferguson
REASONS FOR DISPOSITION
(Dated August 19, 2025)
Introduction
On April 27, 2022, Mr. Quentin Whan was found not criminally responsible on account of mental disorder on charges of aggravated assault, uttering threats/death or bodily harm, forcible confinement, failure to comply with release order (x2), and mischief - not exceeding five thousand dollars, all contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. Whan is currently subject to the terms of a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated May 30, 2024, and as amended on May 31, 2024, which requires Mr. Whan to be detained at the Secure Forensic Unit of Providence Care Hospital (the “hospital” or “PCH”), Kingston, Ontario, with privileges up to and including to live in the community in accommodation approved by the person in charge.
On June 23, 2025, a panel of the Board convened at PCH to conduct Mr. Whan’s annual review and to make a Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Whan attended his hearing and was represented by his counsel, Mr. Michael Rodé. Also appearing were Ms. Tina Tom, legal counsel representing the interests of the Hospital, as well as Ms. Jennifer Ferguson, Crown counsel, appearing on behalf of the Attorney-General of Ontario.
The issues to be determined at the hearing were whether Mr. Whan continues to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and if so, what is the necessary and appropriate Disposition which is also the least onerous and least restrictive taking into account the factors set out in section 672.54 Criminal Code.
Position of the Parties
- At the outset of the hearing, the parties were canvassed as to their recommendations to the Board. Ms. Tom, on behalf of the Hospital, submitted Mr. Whan was a significant threat to the safety of the public and supported the continuation of a Detention Order Disposition on the same terms and conditions as set out the Board’s previous year’s Disposition, dated May 30, 2024, and as amended on May 31, 2024, but with the recommendation that the Board consider adding a clause for Mr. Whan to attend a residential substance use program. The specific terms to include in the Disposition include:
-attend a residential substance use recovery program within the Province of Ontario;
-while at residential substance use recovery program within the Province of Ontario, to enter the community within the Province of Ontario indirectly supervised.
Ms. Ferguson, on behalf of the Attorney General, supported the Hospital’s recommendations.
Mr. Rodé, on behalf of Mr. Whan, similarly supported the Hospital’s recommendations.
For the reasons that follow, the Board found that Mr. Whan continues to represent a significant threat to the safety of the public and the necessary and appropriate Disposition is his continued detention at the Secure Forensic Unit, PCH, at Kingston, Ontario, with the conditions and privileges noted in the formal Disposition.
Index Offences
The victim of the index offences was Mr. Whan’s mother. At the time of the offences, Mr. Whan held a delusional belief that the victim was not his mother.
The following summary is taken from the Police Synopsis, Kingston City Police, dated November 02, 2021, that was referenced in last year’s Reasons for Disposition, dated May 31, 2024:
“On Monday, November 1st, 2021, at approximately 9:00 pm the Accused before the Court, Quentin WHAN, and the Victim, Bonnie WHAN, were in the Victim's home, located at 402- 670 Sir John A. MacDonald Boulevard in the City of Kingston. Believing that he had been using crystal methamphetamine and observing him to be increasingly agitated, the Victim went into her bedroom.
The Accused followed her into her bedroom and began berating her, accusing her of murdering his children and girlfriend; the Accused's children are in the custody of their aunt. The Accused came in and out of the bedroom several times, becoming more aggressive each time.
The Victim, seeking to create distance between herself and her son, moved to the far side of the bed away from the door. The Accused came around the bed and began punching her repeatedly with his fist on the left side of her face. The Victim lowered her head and raised her left hand to attempt to block the blows. The Accused continued to strike the Victim, hitting the back of her left hand and her forehead (CHARGE #1) At some point during the struggle the Victim also received a puncture wound in her left-upper back, but she is not sure when or how this occurred.
The Victim pulled a window fan out of the window and screamed for help. The Accused stopped hitting the Victim and told her to go sit on the chesterfield in the living room. The Accused cut the tubes of the Victims' oxygen machine, preventing her from using it to aid her breathing.
Once in the living room, the Accused continued to berate the Victim. He told her repeatedly that she had to throw herself off the balcony to kill herself, and that if she did not do this, he would "throw her off'. (CHARGE #2)
Shortly after this, the Victim attempted to leave the apartment by exiting the front door. She unlocked the door and had her hand on the door knob. The Accused, seeing this, ran up, pushed the door closed and locked it. The Accused then blocked the door with his body and told the Victim to sit down. (CHARGE #3 and #4)
At one point while the Accused was distracted, the Victim got a hold of her cordless phone and attempted to call 911. The Accused realized this and grabbed the phone away from her. He removed the battery from the phone and threw it onto the kitchen floor.
The Accused grabbed a steak knife with a black handle and five inch serrated silver blade and held it in his hand while blocking the door. (CHARGE #5).
Police arrived on scene at 10:49 pm. Officers could hear the Accused berating the Victim through the door, repeatedly accusing her of murdering his kids and calling her a "stupid bitch" and a "goof”.
Officers attempted to persuade the Accused to open the door. The Accused repeatedly yelled that he did not believe it was really the Police. He also stated that he did not care if officers shot him because he wanted to die.
Police on scene called out the Victim to ask her condition. Whenever the Victim would try and answer the officers the Accused would shout over her that she had murdered his kids. Officers were able to ascertain from what they could hear that the Victim had been punched by the Accused.
Eventually a key holder from the property management company was contacted and attended with a master key. Fearing for the Victim's safety, officers entered the unit. The Accused struggled briefly with Police before he was placed under arrest.
The Victim sustained laceration and bruising to her left cheek, her left eye was swollen shut, bruising to her forehead, a laceration to her left wrist and a puncture wound to her left-upper back.”
Personal Background/Psychiatric History
Mr. Whan’s personal background and psychiatric history are set out in detail in the Hospital Report, dated May 28, 2025, filed as Exhibit #1 at the hearing, and need not be repeated in detail in these Reasons.
Briefly, Mr. Whan is a 36-year-old single male. He had been living with his mother prior to his index offence and was supported by ODSP.
Mr. Whan’s childhood family life was characterized by abuse from his father and lack of affection from his siblings and half-siblings. His mother thinks he may have been abused, possibly sexually, by an uncle known in the family as grandpa.
He was bullied at school, became very shy and had few friends. Although he did not like school, he graduated from high school and attended some postsecondary computer courses.
Mr. Whan has experienced tragedy in his personal relationships. His first partner died of a drug overdose. His second partner whom he met in Alberta where he worked for a time as a tow-truck driver, is the mother of two of his children and has been missing for over two years. Because of his crystal methamphetamine use, the children were taken by Child and Family Services and live with their mother’s aunt in Alberta.
Mr. Whan has a history of substance use, and bipolar disorder. In recent years (2018-21), Mr. Whan has been admitted to hospital for mental health issues, including at least two serious suicide attempts. He did not remain certifiable during these admissions and was discharged home with follow-up by a family doctor.
Criminal History
- Mr. Whan’s criminal history set out in paragraph 16 of last year’s Reasons for Disposition stated as follows:
“It spans from 2008 to 2019, and includes two convictions for assault, two for mischief to property, and one each for threatening, being unlawfully at large, taking a motor vehicle without consent, theft, illegal drug possession and resisting arrest. As well, Mr. Whan has amassed nine convictions for breaches of various probation orders, and failures to attend court as required.”
Current Diagnosis
- Mr. Whan’s current diagnoses are:
Substance Use Disorder (cannabis, stimulants)
Cluster B personality traits
Substance associated psychotic disorder by history
Bipolar affective disorder -type 1, by history
ADHD (in remission) by history
Acquired brain injury by history
Evidence at the Hearing – Course from April 2024 to May 2025
As noted in previous Reasons for Disposition, Mr. Whan’s mother (victim in the index offences) passed away in November 2022.
The evidence at this hearing was presented through the oral testimony of Dr. Zoe Selhi, Mr. Whan’s current treating psychiatrist as of late March 2024, to supplement the evidence contained in the Hospital Report, dated May 28, 2025, filed at the hearing as Exhibit #1.
As noted in the Hospital Report, Mr. Whan was returned to the forensic unit at PCH on May 14, 2024, after his urine drug test detected both THC and fentanyl. He spent several months on the unit before his discharge back to his structured community residence placement at the Transitional Rehabilitation Housing Program (“TRHP”), in Kingston, Ontario, on September 11, 2024.
Subsequently, on October 16, 2024, Mr. Whan was readmitted to PCH after his urine drug screen was positive for crystal methamphetamine. Notably, Mr. Whan did not admit to the use of this substance until several weeks into the admission.
Pursuant to section 672.56(2)(b) of the Criminal Code, PCH notified the Board by letter dated October 24, 2024, of Mr. Whan’s restriction of liberty (“ROL”), given Mr. Whan’s continued hospitalization since October 16, 2024. On November 27, 2024, a panel of the Board convened to conduct a review of Mr. Whan’s ROL, pursuant to s. 672.81(2.1) of the Criminal Code. The Board concluded that the restriction of liberty imposed on Mr. Whan was necessary and appropriate, and the least onerous and least restrictive in the circumstances, both initially when imposed and throughout its duration to the hearing date.
The Hospital Report notes that, while Mr. Whan continues his hospitalization at PCH, Mr. Whan has been engaged in several groups throughout the reporting period, including nature therapy and dialectical behavioural therapy (“DBT”) for addictions.
Mr. Whan has enjoyed recreational groups such as pet therapy, lunch and coffee groups, and community outings with staff and peers.
Mr. Whan continued to stay connected to his children from the unit throughout the year by phone and other electronic devices.
Mr. Whan was referred to the Harbour Lights inpatient treatment program, which specializes in treatment for alcohol and substance use, in the City of Kingston, Ontario, and was admitted on May 7, 2024. Mr. Whan was expected to attend two weeks of day treatment then transition to an inpatient, but he tested positive for crystal methamphetamine on the day he started. As a result, his PCH treatment team decided to revoke his off-ward privileges and revised his treatment to remain as day treatment only at the Harbour Lights facility. There were no difficulties in the program otherwise.
Mr. Whan had no significant medication changes over the year with the exception of his antipsychotic medication dose. Given involuntary oro-facial movements, Mr. Whan’s long-acting antipsychotic Invega Sustenna was decreased from 100mg to 75mg every month. While Mr. Whan has reported a lowered frustration tolerance in the days prior to his next injection, he has not experienced an emergence of psychotic symptoms. There have been no issues regarding medication compliance over the reporting period.
Mr. Whan has typically done well upon his return to the structured setting of PCH in that he largely complies with unit rules and uses off ward privileges appropriately. There were two notable exceptions: firstly, Mr. Whan had several arguments with peers, with his most significant incident occurring on February 26, 2025, when he hit a window in the dining area and yelled profanities at a peer, and, secondly, as noted previously in these Reasons, Mr. Whan tested positive for stimulants on the day he was admitted to the Harbour Lights treatment facility.
Mr. Whan complied with all random drug screening and room searches.
Mr. Whan had no seclusions or restraints during the reporting period.
Mr. Whan’s most recent violence risk assessment was completed in July 2022. At that time, Mr. Whan’s risk for violent reoffending was considered moderate with his level of supervision and support in place by virtue of his ORB Disposition, and moderate-to-high if he were to be discharged with less intensive support and supervision. Mr. Whan’s risk formulation highlighted that Mr. Whan could experience mental health destabilization in response to interpersonal stressors (namely, conflictual intimate relationships), aside form or in addition to a relapse of substance use.
The Hospital Report further notes that Mr. Whan demonstrates a moderate to high level of historical risk factors, which are most relevant to considering longer-term risk. In contrast, Mr. Whan’s dynamic, or potentially changeable risk factors (i.e. stress and coping, and treatment and supervision responses), fall in the low-to-moderate range. Mr. Whan has actively engaged in various programs, including psychosocial intervention programs, to build relevant skills over the past year This reflects a decrease from the risk assessment results of 2022.
As for Mr. Whan’s current risk formulation, the Hospital Report notes at page 29:
“Based on a comprehensive assessment of risk and protective factors, as evaluated using a structured professional judgment approach, Mr. Whan’s risk for violent reoffending is considered low with his current level of supervision and support. This reflects an improvement from the 2022 risk assessment, stemming from both a decrease in dynamic risk and increase in protective factors. Absent the oversight of the ORB and support from forensic mental health services, this risk would likely fall in the moderate range, if not higher.”
- At page 29, the Hospital Report concludes with the following findings and recommendations:
“…While [Mr. Whan] has multiple prior psychiatric diagnoses, his main problems since entering the forensic system stem from his personality pathology and his substance use disorder. Specifically, Mr. Whan tested positive for crystal methamphetamine in October 2024, which was one month after his discharge from the unit. This was Mr. Whan’s second admission back to the PCH forensic unit in 2024. Furthermore, while he enrolled in a substance abuse treatment program in May 2024, he also tested positive for crystal methamphetamine on the day he started.
As noted in prior hospital reports, it is my opinion that substance abuse played a significant role in fueling Mr. Whan’s aggression during his index offense. Specifically, his crystal methamphetamine use is likely the main factor underlying his psychosis. Given that Mr. Whan’s personality traits impede his progress and contribute to his lack of insight, it is unclear whether substance abuse treatment will improve Mr. Whan’s ability to remain abstinent. Despite this, Mr. Whan has shown some improvement in his ability to accept responsibility for his actions during this time in the forensic system.
Mr. Whan continues to represent risk of violence to the public and no changes to his disposition are recommended. Upon completion of his day treatment at Harbour Lights Mr. Wham is expected to return to the forensic unit at PCH, where he will be assessed for his readiness to return to a structured community residence, TRHP.”
The treatment team and the person in charge of PCH are of the unanimous opinion in recommending to the Board no changes to Mr. Whan’s current Disposition, save and except to suggest the addition of a clause for Mr. Whan to attend a residential substance use program in the Province of Ontario.
In her oral testimony, Dr. Selhi noted that she became Mr. Whan’s treating psychiatrist at PCH during March 2024.
Dr. Selhi confirmed she had reviewed the Hospital Report and had made some contributions to same, including her opinion that Mr. Whan continues to represent a significant threat to the safety of the public. The factors at play include noting that Mr. Whan has significant and violent index offences and criminal offending history. His substance use history is also problematic, as are his insight and judgment issues. Dr. Selhi noted that Mr. Whan has had several admissions to hospital since his release into the community.
Dr. Selhi reported that Mr. Whan’s substance use was a major factor in experiencing thought disorder leading to psychosis, followed by the commission of Mr. Whan’s index offences. While Mr. Whan’s treatment team believes he is well immersed in treatment, he continues to consume illicit substances, leading to Dr. Selhi’s current opinion suggesting that Mr. Whan’s insight and judgment are only superficially engaged.
According to Dr. Selhi, as a way to improve Mr. Whan’s insight and judgment, he is currently an inpatient at PCH receiving substance use treatment. The treatment team are reporting seeing some improvements, but it remains hopeful that Mr. Whan will relapse less over time.
Mr. Whan is currently being tested as part of his inpatient rehabilitation program. Dr. Selhi testified that when tested on the first day of his attendance, Mr. Whan tested positive for crystal methamphetamine. However, Dr. Selhi added that Mr. Whan no longer tested positive for illicit substances since May 2025.
Dr. Selhi reported that Mr. Whan begins an in-house program for substance issues during weekdays in July 2025. This is being offered at the Harbour Lights program, at the Salvation Army facility situated in downtown Kingston. On weekends, Mr. Whan would be returning PCH as an inpatient. The off-site program is expected to operate for some weeks to a few months’ duration.
Once Mr. Whan hopefully completes the program successfully, he is expected to return to PCH to be reassessed for his return to the community with his placement once again at the Transitional Rehabilitation Housing Program (“TRHP”), a 24/7 supervised housing facility in the City of Kingston.
Dr. Selhi testified that in order for Mr. Whan to be considered for transition to TRHP, the treatment team expects Mr. Whan to have successfully completed the above-noted treatment program (with no issues being reported about Mr. Whan’s substance use during that process), to continue to remain abstinent from substance use, and to receive the acknowledged approval of the treatment team that Mr. Whan is suitable for such transition once again.
Dr. Selhi testified that a Detention Order Disposition continues to be recommended to the Board as the appropriate Disposition for the upcoming reporting period, given the evidence of Mr. Whan’s repeated need for rapid readmission to hospital in 2024 due to substance use and its impact on his mental health condition and the likelihood of Mr. Whan thereafter committing further serious criminal offences.
In response to questioning posed by Ms. Ferguson, on behalf of the Attorney General, when it was noted in the Hospital Report at page 21 that Mr. Whan had several arguments with peers while at PCH, with his most significant incident occurring on February 26, 2025, when he hit the window in the dining area and yelled profanities at a peer, Dr. Selhi testified that Mr. Whan had used his hand to strike the window but there was no damage sustained to the property.
As a summary of Mr. Whan’s risk factors, at page 26 of the Hospital Report it notes that Mr. Whan demonstrates a moderate to high level of historical risk factors, which are most relevant to considering longer-term risk. In contrast, Mr. Whan’s dynamic, or potentially changeable risk factors, fall in the low-to-moderate range. This reflects a decrease from the risk assessment results of 2022. When asked to explain why Mr. Whan’s most recent risk assessment shows this decrease, Dr. Selhi noted that when Mr. Whan was first admitted to hospital he presented as more troubled with mood issues, but over time Mr. Whan has adjusted better while in hospital and while in the community. Dr. Selhi opined that, at present, Mr. Whan’s risk is relatively moderate. He has a substantial history of repeatedly using substances which have impacted his mental illness condition and his behaviour, thereby making it difficult to treat him. He does, however, take his medication and is to be commended for this aspect of his treatment regimen.
Dr. Selhi briefly noted Mr. Whan’s recent history of substance use, starting with cannabis use in January 2024, and followed by fentanyl use thereafter while a resident at the TRHP facility. As previously noted in these Reasons, he also used crystal methamphetamine in May 2025. Dr. Selhi opined that Mr. Whan’s use of substances becomes a risk factor while he would be living in the community (when Mr. Whan struggles with relapse when in a less structured environment) but did not believe there were many significant stressors that Mr. Whan would face while living at the TRHP facility.
The recommended additional condition permitting Mr. Whan’s ability to attend a residential substance use recovery program within the Province of Ontario, was to ensure that he had the ability to attend such a program offered elsewhere in the province, but Dr. Selhi did not anticipate Mr. Whan’s placement to be outside the City of Kingston in the coming year.
In response to questions posed by some panel members, Dr. Selhi testified that since Mr. Whan last tested positive for substances (crystal meth) on May 7, 2025, he is now tested for substances three times a week while at the Harbour Lights program, and twice weekly while at the hospital.
Dr. Selhi indicated that Mr. Whan shared with her the reasons he relapsed taking crystal methamphetamine, indicating the substance was available in the environs of the hospital, so he chose to consume it.
As for the Hospital Report noting that Mr. Whan may have an acquired brain injury by history, Dr. Selhi was asked whether Mr. Whan had undergone any cognitive function testing. In response, Dr. Selhi advised that this had been an observation and diagnosis made many years earlier by another treating physician but was not a concern for Dr. Selhi who stated that no such neurological testing or assessment had been requested or conducted. It was Dr. Selhi’s more focused concern as to the impact of Mr. Whan’s mental illness and his personality traits that could be affecting Mr. Whan’s chronic substance use issues.
Dr. Selhi was unaware of the efficacy (i.e. data information) concerning the Harbour Lights program, noting such details were better addressed by the hospital’s social worker staff, and was more concerned about Mr. Whan’s attendance presentation rather than the program itself.
No further evidence was called by the parties at the hearing.
Final Submission of the Parties
- Counsel for all parties maintained their joint position as outlined at the commencement of the hearing, as noted previously in paragraphs 5 to 7 of these Reason. Mr. Whan’s counsel added that it would appear that Mr. Whan has some insight while working through the recommended treatment programs.
Analysis and Conclusion
Notwithstanding the joint submission of the parties, this Board has no difficulty finding on the oral evidence of Dr. Selhi and the contents of the Hospital Report that Mr. Whan continues to represent a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code.
Mr. Whan’s index offences were a serious and prolonged assault on his mother precipitated by his non-adherence to treatment and illicit use of substances. He remains a significant threat to the safety of the public. His multiple diagnoses including substance use disorder, bipolar affective disorder, substance associated psychotic disorder, and Cluster B personality traits have resulted in impulsive, drug seeking, and antisocial behaviour. This was exemplified over a previous year’s reporting period by his use of cannabis and fentanyl while living in the community at the TRHP facility, then subsequent crystal methamphetamine use at hospital, coupled with his repeated denials of having consumed drugs. Mr. Whan clearly continues to have limited insight and judgment into his substance use and the impact it would have on the safety of himself (especially as it relates to the consumption of both fentanyl and crystal methamphetamine, extremely lethal substances) and the public at large.
At present, as revealed by the evidence, given that Mr. Whan’s insight and judgment into abstinence is superficial and questionable, as is his appreciation for the impact of substances on his mental state and risk, plans to move Mr. Whan back to community living at TRHP needed to be placed on hold until he successfully completes further residential substance use recovery programming. This panel of the Board, like the one last year, is confident that the hospital clearly recognizes the need to move slowly and cautiously before Mr. Whan progresses back to community living. His drug use remains a major risk factor and he will need, once again, ongoing psychoeducation and substance programming. Mr. Whan’s successful engagement in these programs, once again, and his ability to utilize his community privileges properly will better inform the treatment team as he moves closer to returning to community living at the TRHP residence.
While not recommended by the parties, the Board nevertheless finds that a Conditional Discharge Disposition is unrealistic, and a Detention Disposition is necessary and appropriate to protect the public, as jointly recommended by all parties. The Hospital requires the ability to approve Mr. Whan’s housing, which must be appropriately supported and/or supervised to ensure his risk is properly managed in the community once it is determined it is safe for him to return to the TRHP facility. Furthermore, as was demonstrated in 2024, the hospital will need to return Mr. Whan quickly should he become unwell, and it is doubtful whether he will return voluntarily under such circumstances. Consequently, the MHA would not suffice to manage the risk under a Conditional Discharge Disposition.
The Board wishes Mr. Whan well on a continued positive trajectory towards returning to community living at the TRHP facility, when feasible.
Accordingly, this Board has directed that a Detention Disposition shall be issued with the same conditions as stated in last year’s Disposition, with the addition of the following conditions as recommended by the parties, namely:
-attend a residential substance use recovery program within the Province of Ontario;
-while at residential substance use recovery program within the Province of Ontario, to enter the community within the Province of Ontario indirectly supervised.
- In making this Disposition, the Board carefully considered the joint position of the parties, the evidence of Dr. Selhi and the contents of the Hospital Report entered as an exhibit at the hearing, and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of sections 672.54 and 672.5401 of the Criminal Code and carefully considered the need to protect the public from dangerous persons (with the public’s safety being the Board’s paramount consideration), Mr. Whan’s mental condition and his reintegration into society and other needs.
DATED this 19th day of August 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Hanbidge
Alternate Chair
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Office of the Registrar
Ontario Review Board