Re: Patrick Fung
ORB File No: 8731
Hearing held on: Tuesday, July 8, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before: Alternate Chairperson: Mr. R. Bigelow Members: Dr. P.E. Cook Dr. J.C. Rose Ms. C. Murray Mr. A. Mete
Parties Appearing: Accused: Patrick Fung Counsel: Ms. M. Addie
The Person in charge of Hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated August 26, 2025)
Introduction:
On February 13, 2025, Mr. Patrick Fung was found not criminally responsible (“NCR”) on account of mental disorder on charges of assault with a weapon (x2), assault, mischief under $5000 and fail to comply with probation, all contrary to the Criminal Code of Canada (Criminal Code”). That finding was based on a psychiatric assessment of criminal responsibility report of Dr. Meng dated November 7, 2024.
The Court declined to make a Disposition and ordered, pursuant to s. 672.47(1) of the Criminal Code, that Mr. Fung be detained at the Centre for Addiction and Mental Health (“CAMH”) pending a Disposition of the Ontario Review Board (the “Board”).
On July 8, 2025, the Board convened a hearing at CAMH to make an initial Disposition.
Mr. Fung was present at the hearing and was represented by counsel, Ms. Maureen Addie.
Several documents were entered as exhibits to this hearing. The documents referred to in these reasons include: a) the Hospital Report dated June 5, 2025 (the "Hospital Report"), which was entered as Exhibit 14; and b) the Psychiatric Report (assessment for criminal responsibility) of Dr. Hanna Meng dated November 7, 2024, which was entered as Exhibit 15.
The issue at this hearing is whether Mr. Fung is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the expert evidence and opinions before it, the Board concluded that Mr. Fung represents a significant threat to the safety of the public. The Board further concluded that his risk can be properly managed with a Detention Order at CAMH on the terms and conditions set out in our formal Disposition. The Board concluded that this is the necessary and appropriate Disposition in the circumstances.
Current Psychiatric Diagnoses
- Schizophrenia; and Cannabis Use Disorder, in remission within a controlled environment
Position of the Parties
At the commencement of the hearing, the parties were asked for their initial positions. Counsel for the hospital, Mr. Kyle Dow, submitted that Mr. Fung represents a significant threat to the safety of the public. He recommended detention within the Forensic Service at CAMH with privileges and restrictions as outlined on pages 22 and 23 of the Hospital Report with the outer edge of privileges being accompanied privileges to the community of the Greater Toronto Region.
Counsel for the Attorney General, Mr. Feindel, adopted the hospital’s position.
Counsel for Mr. Fung, Ms. Addie, conceded the issue of significant threat. She advised that Mr. Fung agreed with the position of the hospital.
Therefore, there was joint submission on all issues.
Index Offence
- Pages 14 and 15 of the Hospital Report contains a summary of the circumstances surrounding the index offences taken from the Crown Guilty Plea Synopses (Exhibit 2), which are briefly summarized, herein, as follows:
Assault with Weapon and Failure to Comply with Probation On May 14, 2019, Mr. Fung, who was living in residence at the University of Toronto, encountered the victim (a co-resident) in the common room. Mr. Fung, without apparent provocation, was alleged to hit the victim with a door and then called the victim a “gang banger” while also asking the victim why he was staying at the residence.
Mischief Under $5000 On April 3, 2021, Mr. Fung was alleged to kick a man’s parked car on the street, causing damage to the vehicle. When the male victim exited the vehicle, Mr. Fung clenched his fists, at which time the victim backed away advising he did not want to fight. When Mr. Fung started walking away, the victim tried to stop him. Mr. Fung punched him in the face several times. Mr. Fung was charged with Mischief Under $5000 and assault. The charges were reduced to Mischief under $5000 as a part of a plea agreement.
Assault and Assault with a Weapon On May 6, 2024, Mr. Fung was alleged to have first walked towards, and than “without provocation” ran towards, a stranger (victim 1) leaving Women’s College Hospital. He threw a punch at the victim 1, which victim 1 avoided. Mr. Fung walked away. Shortly after, victim 1 observed Mr. Fung strike with both hands an elderly man (victim 2). Victim 1 then witnessed Mr. Fung chase victim 3 with a construction sign. When victim 3 followed Mr. Fung while calling police, Mr. Fung threw his backpack, hitting victim 3 in the face. Mr. Fung then picked up a construction sign and chased victim 3.
- The following opinion regarding the index offences was extracted from the Psychiatric Report by Dr. Meng, dated November 7, 2024.
“Although Mr. Fung has a history of engaging in some assaultive behaviour that may have been informed by interpersonal conflicts, his history of unprovoked aggression against strangers have only been known to occur during periods of untreated psychosis and have lacked any clear reality-based motivations. When considering the totality of available information and Mr. Fung’s well-established pattern of sudden, and seemingly unprovoked violence when acutely psychotic, it is more likely than not that his conduct on May 14, 2019, April 3, 2021, and May 6, 2024 all principally flowed from the same acute mental state disturbances that have characterized his presentation during his years of treatment non-compliance. His judgment when engaging in similar conduct historically has been quite impaired, and despite his persistent denials of the role of illness, his similar past assaults have principally been driven by psychotic misinterpretation of his environment and of his personal safety.”
Background Information
The Hospital Report and Exhibits contain extensive background information, which need not be repeated here in detail. In brief, Mr. Fung is a single 37-year-old Canadian man of Chinese ancestry with no dependents.
Mr. Fung graduated from the University of Toronto with a Bachelors’ Degree in Humanities in 2013. He struggled to find work after graduating. At the time of his first psychiatric admission in 2014 he was noted to be living with his parents in Markham. Between 2015 and 2016, Mr. Fung resided in Cambodia for approximately one and a half years reportedly working on a farm and in a school.
Mr. Fung had multiple psychiatric admissions to hospital commencing in 2014 when he was brought to the Emergency Department of Markham-Stouffville Hospital (“MSH”) by police after damaging a neighbour’s property, leaving a fish on a frying pan on their property, and throwing a religious-themed statue through the window. On admission he was confused, paranoid, and exhibiting aggressive behaviour. He reported nightmares, visual hallucinations, and insomnia. He was placed on a Form 1 of the Mental Health Act. The differential diagnosis on discharge was schizophreniform disorder, schizophrenia, and drug-induced psychosis. The hospital records from MSH noted a visit to hospital ten years earlier following an altercation with his parents when they confronted him after finding cannabis in the home. Mr. Fung was readmitted four days later after discontinuing olanzapine. He exhibited symptoms of acute psychosis in the context of schizophrenia. He remained in hospital for eight days. He agreed to a trial of Invega Sustenna intramuscularly every four weeks. He was agreeable to a community treatment order (“CTO”) and was followed by a psychiatrist in the outpatient program until August 2016. During this time, he moved to Cambodia for a year and a half and his mental state deteriorated.
Mr. Fung returned to Canada from Cambodia in mid-2016 when his parents became concerned about him and travelled there to bring him back to Canada. On June 25, 2016, he was brought to MSH by police after his parents reported threatening behaviour. He was re-admitted to hospital from June 26, 2016, to July 12, 2016. During this admission he was found incapable of consenting to treatment and his father assumed the role of substitute decision maker (“SDM”).
Mr. Fung was again admitted to MSH from October 25 to November 15, 2016. He was placed on a Form 1. Again, the diagnosis was schizophrenia and non-compliance with treatment and follow-up. He was noted to have a history of repeated violent episodes secondary to psychosis. He was restarted on Abilify Maintena. On November 15, 2016, Mr. Fung was transferred to Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) for ongoing inpatient stabilization and treatment. He was discharged from Ontario Shores on December 8, 2016, against medical advice. Mr. Fung’s psychiatrist attempted to arrange outpatient follow-up care but both he and his father declined.
On June 23, 2017, Mr. Fung was brought to MSH by police following an altercation with his father (that resulted in an assault conviction in 2018). His presentation was consistent with active symptoms of schizophrenia. He admitted to using four grams of cannabis per week. He declined voluntary admission and was discharged. Just 5 days later, Mr. Fung was again brought to MSH by police after he “badly assaulted” his father. He was placed on a Form 1 and prescribed olanzapine. He was discharged to police custody on June 29, 2017.
On July 7, 2017, Mr. Fung again presented to MSH after being released from police custody the previous day. He had stopped taking prescribed olanzapine on June 28, 2017. He was given a prescription for olanzapine and referred to CATCH Homeless for follow-up. He was discharged against medical advice with a discharge diagnosis of schizophrenia.
Mr. Fung had further psychiatric admissions to MSH on February 24 to 27, 2017, May 14, 2021, June 1, 2021, June 4, 2021, October 7, 2021, October 8 to 15, 2021, October 17, 2021, October 21, 2021, October 23, 2021. Further, Mr. Fung was admitted to North York General Hospital on a Form 1 from July 25 to 28, 2022 after assaulting strangers on the street. He was discharged against medical advice. Although the admission note stated he “clearly is incapable to consent to treatment”, it does not appear that any treatment was initiated. His diagnosis throughout all admissions was generally stated to be schizophrenia.
Mr. Fung has an extensive criminal legal history beginning at the age of 16. As an adult, based on the Hospital Report, his convictions include possession of Schedule 2 substance (x3), fail to comply with a recognizance (x2), possession of a Schedule 2 substance for the purpose of trafficking, fail to comply with a probation order. After a ten-year hiatus in charges, he was then charged with assault, and dangerous operation of a motor vehicle.
Historically, Mr. Fung has experienced homelessness.
Course Since NCR Finding
Mr. Fung was admitted to the Assessment and Triage Unit (ATU – Unit 3-5) at CAMH on March 27, 2025. Mr. Fung has been assessed as capable of consenting to treatment. His psychiatric medications include long-acting injectable paliperidone, and oral olanzapine.
Mr. Fung no longer has paranoia or perceptual disturbances. His thought form and behaviour are organized. However, he presents as guarded and is experiencing negative symptoms of schizophrenia including restricted affect and social withdrawal.
Mr. Fung has acknowledged he is diagnosed with schizophrenia and was having delusions at the time of the index offences. He acknowledges having been treated with Invega and olanzapine in the past.
During psychological testing in June 2025, Mr. Fung was reluctant to discuss any history of substance use and was emphatic that he has never had problems with substances. Testing indicates problems with anger regulation, which is consistent with file reports that note a history of aggression. Mr. Fung’s score on the Revised PCL-R places him in the moderate range for presence of psychopathic traits. Accounting for risk factors and protective factors, absent ongoing forensic service involvement, Mr. Fung’s risk for violence is high.
Evidence at the Hearing
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Deep Jaiswal who is Mr. Fung’s most responsible psychiatrist and author of the Hospital Report.
Dr. Jaiswal testified that Mr. Fung likely had symptoms of schizophrenia since 2014. Mr. Fung continues to have negative symptoms of schizophrenia including social withdrawal and motivation challenges. When suffering positive symptoms of schizophrenia, he experiences auditory hallucinations, paranoia, aggression, and irritability
Paliperidone has worked to ameliorate his active symptoms of schizophrenia. Dr. Jaiswal stated that the treatment team will be offering the “once every 12 weeks” version of paliperidone once Mr. Fung is eligible to receive it due to the effectiveness of this medication on Mr. Fung’s symptoms.
Dr. Jaiswal testified that Mr. Fung’s level of participation in treatment programs fluctuates between active and inactive.
Dr. Jaiswal testified that Mr. Fung’s insight into his illness and need for treatment is not robust. Mr. Fung remains guarded as to whether he knows he needs to take medications permanently to control his symptoms of schizophrenia.
Dr. Jaiswal testified that Mr. Fung remains a significant threat of harm to the safety of the public. Mr. Fung’s index offences likely occurred when he was having active symptoms of psychosis. He was non-compliant with his medications in the past and experienced insufficient housing, which are risk enhancing factors. Dr. Jaiswal believed that Mr. Fung would be non-compliant with his medication were he not under the jurisdiction of the ORB at this time.
Dr. Jaiswal is recommending a Detention Order due to the insufficiencies of the Mental Health Act (“MHA”) to manage Mr. Fung’s risk to the public. Community treatment orders have been unsuccessful in the past. When Mr. Fung has symptoms of schizophrenia, he would require admission for a longer period of time that permitted by the MHA. Mr. Fung has experienced housing insufficiency in the past, which is likely to contribute to medication non-compliance and expose him to stressors that will impact upon his mental health. A Detention Order is necessary so that the hospital is in the position to approve Mr. Fung’s housing in the future.
Mr. Fung has not used substances since he has been residing in the secure unit.
In the coming year, the treatment team will consider having his parents become approved persons. The team proposes to provide Mr. Fung with increased access to rehabilitation programming and will continue to encourage him to engage in programming and groups to provide structure. The team will be making a referral for Mr. Fung to attend cognitive adaptation training. Mr. Fung will likely be started on escorted passes and will move up the pass ladder this year.
Dr. Jaiswal testified that Mr. Fung has identified that anger is an issue for himself. This may not be part of his mental illness but may be characterological. Mr. Fung is in a group to address the anger issues and he will likely become a candidate for individual anger therapy.
Dr. Jaiswal noted that Mr. Fung’s parents were present at the hearing. They have shown a willingness to be part of Mr. Fung’s recovery process.
Analysis and Conclusions
Significant Threat
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds Mr. Fung poses a significant threat to the safety of the public.
Counsel for Mr. Fung concedes the issue of significant threat to the safety of the public. Despite this, the Board makes its own finding of significant threat based on the oral evidence, the Hospital Report, Winko and its related authorities.
Mr. Fung suffers from a major mental illness (schizophrenia) along with a cannabis use disorder. He has a long-standing history of recurrent episodes of psychosis involving paranoia, disorganized behaviours, hypervigilance / guardedness and aggression in the context of paranoia. Prior to the index offences he was hospitalized many times, requiring hospitalizations due to non-compliance. The Hospital Report is replete with evidence of historical aggressiveness while experiencing symptoms of schizophrenia.
The Board relies on and agrees with the Reoffence Scenario outlined in the Hospital Report, which states:
“Absent ORB involvement, the most likely re-offence scenario is one where Mr. Fung falls away from treatment, becomes insufficiently housed, is exposed to stressors, and/or returns to the consumption of substances. These factors, individually or in combination, are likely to lead to mental state decompensation. In this context, he is likely to incorporate individuals within his proximity into his psychotic experiences and engage in violent behaviours towards them. Thus, on balance, Mr. Fung is a significant threat to public safety.”
- Though Mr. Fung is absent positive symptoms of schizophrenia at present, it is clear that if he were not subject to a Detention Order, history shows he would be non-compliant with medication and his mental status would decompensate quickly.
Necessary and Appropriate Disposition
Given the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year. The Board agrees with the hospital recommendation and joint position, that the necessary and appropriate Disposition to manage Mr. Fung’s risk in the coming reporting year is a Detention Order within the Forensic Service at CAMH.
Though Mr. Fung is absent positive symptoms of schizophrenia at present, based on the extensive history of hospitalizations and discharges leading to non-compliance, it is clear that if he were not subject to a Detention Order, Mr. Fung would be non-compliant with medication, experience housing insufficiency, and his mental status would decompensate quickly.
Mr. Fung requires ongoing, consistent treatment with antipsychotic medications. Absent the Board’s oversight, based on Mr. Fung’s psychiatric history, he would likely quickly become non-compliant with his medication regimen, which has clearly exponentially increased his risk of aggression in the past. Additionally, he fails to acknowledge or understand the impact of substances on his mental health. It is likely that he would relapse to substances without adequate supervision and supports.
The Mental Health Act has proven insufficient to mitigate risk stemming from decompensation. The Board accepts Dr. Jaiswal’s evidence that hospital approval of future housing is warranted to mitigate the risk stemming from homelessness and substance use which both impact greatly on Mr. Fung’s mental health status. Consequently, a Detention Order is necessary and appropriate.
A no-contact order regarding the victims that were named in the bail order was considered. It is acknowledged that one victim did submit a victim impact statement. All the victims of the index offence were complete strangers to Mr. Fung and randomly assaulted. Based on the evidence, Mr. Fung would not be able to identify any of the victims as he was psychotic at the time of the index offences. The panel judged that adding a no-contact clause would provide no protection to the victims of the index offences since they were all strangers to Mr. Fung and would not be identifiable by him.
The Board finds that there is sufficient evidence to support the joint submission of the parties and their recommendations for the terms of the Disposition.
Upon consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Fung, his reintegration into society and his other needs, we conclude that the necessary and appropriate Disposition is that Mr. Fung be detained within the Forensic Service at CAMH, subject to the terms and conditions recommended by the hospital, as set out in our formal Disposition.
The Board would like to note their appreciation for the attendance of Mr. Fung’s parents at the hearing and their continuing support of Mr. Fung.
DATED this 26th day of August, 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Murray Legal Member
__________________ Office of the Registrar Ontario Review Board