Re: Ludwin Valladares
ORB File No: 7335
Hearing held on: July 22, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. T. Mann Members: Dr. A. Park Dr. G. Kerry Mr. D. D’Intino Ms. C. Plyley
Parties Appearing: Accused: Ludwin Valladares Amicus Curae: Mr. R. Cornale The person in charge of hospital: Counsel: Ms. L. Barney Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated September 2, 2025)
Introduction
On April 10, 2018, Mr. Valladares was found not criminally responsible on account of mental disorder, on charges of break and entering (intent), theft not exceeding $5,000, and mischief not exceeding $5,000, all contrary to the Criminal Code of Canada (“Criminal Code”).
He is currently subject to a Conditional Discharge Disposition of July 29, 2024, which sets out various terms and conditions, and has been residing in the community since his last annual hearing.
On July 22, 2025, a panel of the Ontario Review Board (ORB) convened in person and a hearing was held at St. Joseph Healthcare Hamilton. The purpose of the hearing was to determine if Mr. Valladares represents a significant threat to the safety of the public as defined in the Criminal Code of Canada, and if so, the necessary and appropriate disposition.
For the reasons set out below, the Board unanimously finds that Mr. Valladares no longer meets the threshold for significant threat to the safety of the public and therefore he is entitled to an Absolute Discharge pursuant to s. 672.54(a) of the Code.
Current Psychiatric Diagnoses:
- Schizoaffective Disorder
Index Offences:
- The facts giving rise to the index offences are described in last year’s Reasons for Disposition as follows:
“On “[L.M.] works at Williams Café located at 47 Discovery Dr in the City of Hamilton. On March 11th, 2017 [L.M.] was working. Around 8:25 pm [L.M.] was heading towards the 2nd floor washrooms when she heard the sound of glass breaking behind her. This area of the premises is controlled by locked doors and is only accessible to staff. When [L.M.] looked back towards the stairs she saw that the exterior doorway's glass had been shattered and a male, later identified as Ludwin VALLADARES, entered through the door and angrily rushed up the stairs at her. Fearing that VALLADARES was going to harm her [L.M.] ran into the washroom where another employee was already situated. The pair locked the door behind them and VALLADARES began attempting to force entry into the washroom while yelling at her to ''get the fuck out" and ''get off the phone" numerous times (Break and Enter, Intent to Commit Assault). While his aggression was aimed at [L.M.], he did not know that anyone else was in the washroom. VALLADARES did cause damage to the doors [but] was unable to gain entry into the washroom (Mischief Under). At this time [L.M.] called 911 and remained in the washroom until police arrived.
The manager, [L.N], attended the scene and stated to Police that they had an incident with VALLADARES earlier the same day where he was found sleeping inside the premise. Though they are unsure how he gained entry, he stole 2 bags containing miscellaneous items before fleeing the area when he was discovered (Theft Under $5,000).
The staff at Williams' Café are familiar with VALLADARES as he is constantly trespassing on their property and attempts to sleep in the public washrooms. Police located VALLADARES nearby. At 9:32 pm he was arrested for Break and Enter - Intent. Search incident to arrest found that he was still in possession of the 2 bags that were stolen earlier in the day (Possession Stolen Property Under $5,000).
While speaking to police under caution, VALLADARES stated that he entered the premise ''to get homeless trespassers''. He stated to police that he owns the building and that [L.M.] is not an employee but a trespasser, and he intended to remove her from the premise....
While this is his first criminal incident relating to this address, VALLADARES has been charged under the Trespass to Property Act numerous times in the past but has continued to return. Due to his attachment to the above address and his belief that it is how own property, there is a high probability that he will re-attend and cause harm to employees.”
Without Prejudice Position of the Parties:
At the commencement of the hearing, the parties were canvassed for their initial positions.
Counsel for the Hospital took the position that Mr. Valladares no longer meets the threshold for significant threat to the safety of the public and therefore he is entitled to an Absolute Discharge.
Counsel for the Attorney General supported the Hospital’s position.
Counsel for the accused joined the other parties in their positions, and thus the Panel had a joint recommendation submitted for its consideration which was maintained at the conclusion of the hearing.
Evidence at the Hearing:
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. C. Lee, who is a forensic psychiatry sub-speciality fellow working under the supervision of Dr. Kolawole. She has been involved in Mr. Valladares’ care since March of this year.
Dr. Lee testified that Mr. Valladares has had a successful reporting year and has continued to reside in the community without issues. Mr. Valladares has been followed in the community by his family doctor, has been engaging in programming through the Hospital’s StayWell program and has successfully undergone a recent medication change which did not result in any breakthrough psychotic symptoms or mental status instability. He is visited by his case worker once to twice weekly for intensive case management.
In the community, Mr. Valladares resides at First Place, which is a 24/7 supportive living accommodation in which he is seen thrice daily by personal support workers, who also administer his medication.
Dr. Lee explained that work is ongoing to ensure, should the Board discharge Mr. Valladares absolutely, that non-forensic mental health supports are in place for him. He has already been accepted as a patient by the Schizophrenia Outpatient Program (SOP) and will be assigned to a Psychiatrist in September. The SOP also offers bi-monthly case management and additionally, Mr. Valladares has agreed to finance a private nursing service to assist him with scheduling and attending his appointments once per month.
Dr. Lee testified that should Mr. Valladares need further supports, those are available for an additional fee from First Place. For the time being, the Forensic Outpatient Program will continue to provide care to Mr. Valladares until he is transferred to the new Psychiatrist.
In response to questions from the Panel, Dr. Lee confirmed that Mr. Valladares has been largely free of psychotic symptoms for the past four to five years, and that not only is Mr. Valladares able to correctly identify his illness and its chief symptoms, but moreover that he is able to identify signs of a deterioration in his mental status and would seek help if he experienced same. Mr. Valladares attributes his mental status stability to his medication and Dr. Lee expressed no concerns with Mr. Valladares’ future medication compliance, particularly in light of the supports in place at First Place.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Valladares no longer meets the threshold of significant threat to the safety of the public and therefore he is entitled to an Absolute Discharge pursuant to s. 672.54(a) of the Code.
A significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Ludwin Valladares continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
Mr. Valladares suffers from a psychotic disorder. His current medication regime is effective and he has been largely symptom-free for several years. Despite recent changes in his oral medications, he did not experience any breakthrough psychotic symptoms or instability in his mental state.
Since residing in the community at First Place, Mr. Valladares has been medication compliant and has been for several years. He has been engaging in programming as recommended by his treatment team and has developed good insight into his mental illness, the need for medication and signs of decompensation in his mental status.
Given his stability in the community, his compliance with rehabilitative programming and medication, his lack of physical and verbal aggression and his supports in the community, he was most recently assessed as a low risk of violent recidivism in the context of an Absolute Discharge.
The Panel is also mindful that the index offences were property offences and that apart from some incidents of verbal aggression in 2018, Mr. Valladares has not presented any verbally or physically aggressive behaviours or posed any similar management concerns since then.
The Hospital Report expresses confidence that with the non-forensic supports in place at First Place and through the Schizophrenia Outpatient Program, the low risk of future violent recidivism that Mr. Valladares poses can be attenuated below the level of significant threat to the safety of the public.
In 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. Valladares, his reintegration into society and his other needs, the Panel agrees with the joint submission presented and finds that Mr. Valladares is entitled to an Absolute Discharge.
The Panel congratulates Mr. Valladares on his tremendous progress through the forensic mental health system and wishes he and his family the best in the future.
DATED this 2nd day of September 2025, at the City of Toronto, in the Toronto Region.
Mr. D. D’Intino Legal Member
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Office of the Registrar Ontario Review Board