Ontario Review Board
Re: Mothy Chheng
ORB File No: 7882
Hearing held on: Wednesday, July 30, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. A. Park Dr. A. Kerry Mr. R. Bigelow Mr. J. Cyr
Parties Appearing:
Accused: Mothy Chheng Counsel: Mr. A. Rai
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated August 26, 2025)
On April 27, 2021, Mothy Chheng was found not criminally responsible by reason of mental disorder, on charges of attempt murder, aggravated assault, and assault with a weapon.
Mr. Chheng is currently subject to a Disposition of the Ontario Review Board by which he was ordered to be detained “within the Forensic Program at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”).
On Wednesday, July 30, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the annual review of Mr. Chheng’s Disposition.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Marshall appeared for Ontario Shores. She advised of the hospital position that Mr. Chheng remains a significant threat to public safety, and if the Board so finds, the hospital is now recommending that Mr. Chheng be discharged subject to a number of conditions.
Ms. MacDonald appeared for the Attorney General. She supported the hospital’s position.
Mr. Rai appeared for Mr. Chheng. Mr. Rai advised that his client supports the hospital’s recommendation. In response to a question from the Alternate Chair, Mr. Rai and his client accept that at the present time Mr. Chheng remains a significant threat to public safety as that term is used in the jurisprudence, and at the present time a Conditional Discharge is the necessary and appropriate Disposition.
Index Offence:
- “On July 4, 2018, Mr. Chheng and the victim were working in close proximity on an assembly line handling automotive brake assembly parts constructed out of steel. Without provocation Mr. Chheng took hold of the steel brake assembly in his hand and began to strike the victim multiple times across the head and face. These multiple strikes caused significant bleeding and physical injury threatening the victim's life.
According to witnesses on the factory assembly line, Mr. Chheng continued to strike the victim across the head and face area while the victim was lying on the ground. It was also reported that Mr. Chheng showed no emotions nor conveyed any expressions during the attack. He then stopped, stood near the victim and continued to show no emotion. He eventually walked away casually from the scene and left the building.
Officers attended at Mr. Chheng's house. When Mr. Chheng was later seen leaving the residence, he was stopped by police, arrested, charged and then transported to South Division for a bail hearing.
During a statement to police Mr. Chheng reported knowing the victim primarily from work at the factory. When asked about contact with the victim outside of the factory Mr. Chheng stated that one week before his attack the victim visited his cousin's wife. He came home to find the victim there and left almost immediately to get some food from a restaurant. He denied any other contact with the victim outside of the factory.”
Evidence at Hearing:
- The Board admitted into evidence a Hospital Report dated July 14, 2025. The Hospital Report provides a great deal of information concerning Mr. Chheng, his personal history, his mental health history, details of the index offence and Mr. Chheng’s course in hospital and in the community subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons. We do note, however, the stated diagnoses of:
Schizophrenia
Cannabis Use Disorder in sustained remission
The Board also notes from the Hospital Report that on September 10, 2024, Mr. Chheng was transferred from hospital to McKay House and further, that on March 31, 2025, Mr. Chheng was transferred from McKay House to Sim House. The Board is aware that this is a positive transition to Sim House which has less support than the level of support in McKay House.
In addition to the documentary evidence, the Board heard from Dr. Pallandi. Dr. Pallandi agreed with the contents of the Hospital Report. Dr. Pallandi noted that his patient has done “quite well” over the past year. He remains compliant with his medication. He is very cooperative with members of the clinical team. Dr. Pallandi confirmed that Mr. Chheng’s move from McKay House to Sim House was a positive step. Dr. Pallandi noted that his patient is being treated with injectable medication and receives injections once every three months.
At the present time the clinical team is of the opinion that Mr. Chheng remains a significant threat to public safety. The doctor noted the gravity and severity of the index offence. The doctor noted that Mr. Chheng suffers from a major mental illness and that historically the use of substances has been a problem. The doctor also noted some questions about Mr. Chheng’s insight into his illness and need for medication. The doctor and the clinical team are hopeful that Mr. Chheng will gain greater insight into his illness and his need for medication.
Dr. Pallandi noted that his patient has been looking for work in the community. The doctor also noted the expectation that Mr. Chheng will participate in CBT and hopefully this will result in improved insight about Mr. Chheng and his illness.
In response to a question from hospital counsel, Dr. Pallandi was of the opinion that provisions of the Mental Health Act would be sufficient to bring Mr. Chheng to hospital if it were necessary to do so.
In response to a question from Mr. Rai, Dr. Pallandi acknowledged that in the past year Mr. Chheng was able to visit his family for a period of four days.
No other evidence was heard at this hearing.
Final Submissions:
- All parties maintained their original positions; namely, that Mr. Chheng remains a significant threat to public safety and that the necessary and appropriate Disposition is that subject to a Conditional Discharge on the terms set out in the Hospital Report.
Findings of the Board:
The Board accepts the evidence of Dr. Pallandi and the evidence contained in the Hospital Report. The Board finds that the parties’ joint recommendation is well founded. We accept that at the present time Mr. Chheng remains a significant threat to public safety and we further accept that his threat to public safety can be appropriately managed with a Conditional Discharge on the terms set out in the Hospital Report and agreed to by the parties.
The Board commends Mr. Chheng on the very good year he has enjoyed and wish him well going forward.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Chheng’s mental condition and his other needs, and Mr. Chheng’s reintegration into society.
DATED this 26th day of August 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board