Re Mark Navarro, 2025 CanLII 94979

Re: Mark Navarro

ORB File No: 7696 Hearing held on: Monday, August 11, 2025 Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Ms. C. Finley Members: Dr. P.E. Cook Dr. A. Park Ms. J. Ferguson Ms. B. Little

Parties Appearing: Accused: Mark Navarro Counsel: Mr. F. Bernhardt The person in charge of hospital: Counsel: Ms. M. Warner Attorney General of Ontario: Counsel: Ms. V. Culp

REASONS FOR DISPOSITION

(Dated September 18, 2025)

Introduction

1On February 6, 2020, Mark J. Navarro was found not criminally responsible on account of mental disorder (NCR) on a charge of sexual assault, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (the ORB/the Board), dated July 24, 2024, detaining him at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (CAMH/the hospital) with discretionary privileges including the ability to reside in the community in supervised accommodation approved by the person in charge.

2On August 11, 2025, the Board convened to conduct the annual hearing of Mr. Navarro’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Navarro was present and represented by Mr. Bernhardt.

3At the outset of the proceedings, all parties were canvassed as to their positions on the two issues to be determined by the Board: whether Mr. Navarro continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.

4Dr. Darby, on behalf of the hospital, submitted that Mr. Navarro continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a discharge with conditions, including the requirement that he abstain from consuming alcohol or non-prescribed substances and submit samples of his urine and/or breath for testing purposes.

5Ms. Culp, on behalf of the Ministry of the Attorney General, concurred in the hospital’s positions. Mr. Bernhardt conceded that Mr. Navarro remains a significant threat to the safety of the public and concurred with the hospital’s position that the current order continues unchanged.

Findings

6For the reasons that follow, the Board finds that Mr. Navarro continues to represent a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order with conditions.

The Evidence

7The evidence at the hearing consisted of the Hospital Report, dated July 28, 2025 (ex. 1), and the viva voce evidence of Dr. Darby, Mr. Navarro’s treating psychiatrist.

The Index Offence

8The circumstances of the index offences are excerpted from last year’s Reasons for Disposition dated August 21, 2024, as follows:

On June 1, 2018 at 7:20 a.m. Mr. Navarro followed the female victim into the 5th floor elevator in her apartment building. She pressed the lobby floor button and he pressed the 10th floor button. While the elevator descended to the lobby Mr. Navarro took hold of the victim with his hand and pinned her against the elevator wall. He began to wrap his arms around her and pressed his lips against her face. She immediately began to push him away and yelled at him to stop. When the elevator doors opened at the lobby level the victim was unable to exit, as the accused had his arms wrapped around her and was forcefully pulling her back into the elevator. A resident of the building observed the victim struggling with the accused and held the elevator door open while she exited the elevator with the accused still holding on to her. The resident called police and Mr. Navarro was arrested at the scene.

Background Information

9The Hospital Report contains detailed information about Mr. Navarro’s background and psychiatric history and need not be reviewed here but for the following material points:

10Mr. Navarro reported that he was born in the Philippines. He came to Canada in 2011, at age 16, with his sister and father. His mother was already residing in Canada. Mr. Navarro left the family home in 2016. He has never married and does not have children. Mr. Navarro reported having completed high school and one semester of college. He has minimal employment experience, has not worked since 2015 and has been financially supported by the Ontario Disability Support Program (ODSP) since 2018. After leaving the family home, Mr. Navarro entered the youth shelter system where he was connected with social and psychiatric support but having often moved from one shelter to another, was inconsistent in his follow up with treatment being offered and needed significant assistance to facilitate continuity of his care.

11Mr. Navarro is 30 years of age. He is currently residing in supervised accommodation in the community. He is financially supported by the ODSP. Mr. Navarro was admitted to CAMH’s Forensic Admissions Unit / SOTU on July 9, 2020. On July 17, 2020, he was transferred to the Forensic Assessment and Treatment Unit (FATU), where he remained for approximately six months. On January 19, 2021, after having been stable and actively engaged in his treatment plan, Mr. Navarro was transferred to the Forensic Secure Unit B (FSUB). He was then transferred to the General Forensic Unit B (LGUB) on November 10, 2021, He was discharged to the community on October 13, 2022.

Substance Use:

12Mr. Navarro reported that he began using cannabis in his teens, using about two joints daily. He also reported prior use of crack cocaine and crystal methamphetamine, which he used from 2016 until 2019. Mr. Navarro reported using a 26-ounce bottle of rum per week, as well as a number of beers when residing in the community and that he smoked cigarettes up until his admission to hospital.

Legal History:

13Mr. Navarro denied any previous legal convictions or charges, indicating his first arrest was related to the charges for which he was found NCR and collateral information confirmed same.

Psychiatric History:

14Mr. Navarro reportedly suffered a significant decline in his mental health over a one-year period in 2017. He indicated this was in conjunction with ongoing use of crystal methamphetamine. He was brought to the emergency department by police on a Form-2, after his parents contacted them due to his “bizarre behaviour” and their increasing concern about their own safety after he hit his younger sister. He was subsequently admitted from December 6th to 12th, 2017. He was noted to have been very confused and disoriented at the time of his admission. He was diagnosed with a methamphetamine use disorder and was queried for underlying "methamphetamine related psychosis". He was referred for further drug and alcohol counselling but was not prescribed an antipsychotic medication at that time. Mr. Navarro was noted to have attended the emergency departments at North York General and Humber River Hospital between February and September 2018 on three separate occasions. It is noted that several of these presentations were due to behavioral dysregulation.

15While residing in the youth shelter system, Mr. Navarro was connected with Central Toronto Youth Services (CTYS) for case management and psychiatric follow up with their consulting psychiatrist, Dr. Vegda, which occurred both before and after the index offence. He also met with Dr. M. Patel at a different youth shelter and who was also his attending physician while inpatient at CAMH under a Treatment Order. Mr. Navarro has previously reported that he was taking risperidone in 2018 and was given a monthly depot of Invega while in the community, which he received from Covenant House. The file information confirmed that Mr. Navarro was prescribed Invega Sustenna 100mg IM every four weeks as of December 2019. In 2019, a psychological assessment determined that Mr. Navarro appeared to have a considerable decline in functioning likely exacerbated by his use of methamphetamine as well as the severity of his psychotic symptoms. His psychotic disorder appeared not only to involve a traditional decline in functioning and responding to internal stimuli, but there was also a very regressed and childlike impairment in his judgement, particularly in the domains of interpersonal sexual behaviour and expectations. The summary states:

Mr. Navarro’s decline in functioning and impaired perception and judgement in the domain of sexuality were much more severe than would be expected based on his intellectual functioning…. When this situation is combined with stimulant abuse, it is very unlikely that he was able to engage in rational perception in particular, as well as rational choice. (2019 Psychological Assessment)

16A subsequent assessment in 2021 indicated no clear determination of further cognitive decline and while his scores regarding knowledge of inappropriate sexual behaviour had improved, further health teaching regarding healthy sexuality and sexual boundaries appeared necessary to further improve his understanding and help him retain information he had already learned. Mr. Navarro underwent phallometric testing in February 2022 and the results were not indicative of a preference for coercive activity. Mr. Navarro has made relatively rapid and steady progress since his finding of NCR, having been transferred from a secure forensic unit to a general forensic unit in November of 2021, followed by discharge into the community in October 2022. He was generally cooperative with the treatment team, maintained abstinence from substances, and engaged in therapeutic programming including the Modified Structured Relapse Prevention (SRP) program and the Sexual Behaviour Clinic (SBC) Mental Health Recovery Program, among other programs. Mr. Navarro appeared to experience a smooth and successful discharge into the community until he relapsed on crystal methamphetamine in April 2023 which resulted in a significant decompensation from his baseline and a 10-day hospital admission, deemed warranted at the subsequent restriction of liberty hearing. Mr. Navarro expressed remorse and a renewed commitment to future abstinence and was discharged back to his residence once he returned back to his baseline.

17The Hospital Report indicates that Mr. Navarro is diagnosed with: Schizophrenia; Substance Use Disorders (stimulants, cannabis); Borderline Intellectual Disorder; Rule Out Paraphilic Disorder

Physical Health

18There have been no medical problems of note over the past reporting year.

Mental Health

19Mr. Navarro has been diagnosed with schizophrenia, borderline intellectual disability, substance use disorder (methamphetamine and cannabis) and query paraphilic disorder. He has some insight into these conditions. Nevertheless, he is motivated to engage in recommended treatment, such as attending group modalities for coping, social skills and substance relapse prevention, and engaging in 1:1 counseling with the SBC clinic. He is responsive to positive reinforcement and has been co-operative with his treatment plan. Overall, he has been stable throughout the past reporting year, given the highly structured treatment available to him. Mr Navarro has maintained compliance with anti-psychotic depot medication (Invega 100 mg./4 weeks) over the last year although his insight into his mental illness has fluctuated over time. He recently questioned the need for psychotropic medications. All UDS samples over past year have been negative.

Concerning Behaviours

20There have been no episodes of concerning behaviour over the past year.

Evidence at Hearing:

21Dr. Darby provided oral testimony at the hearing, endorsing the contents of the Hospital Report. He advised the panel that he has been Mr. Navarro’s most responsible physician since his discharge to the community on October 13, 2022.

22Dr. Darby testified that Mr. Navarro has had another good year in community, is well settled in community, gets along well with others, and there are no concerns about substance use or compliance with medications. Mr. Navarro’s current housing provides 12 hours of supervision daily and provides all of his meals and that the current high degree of supervision mitigates the risk Mr. Navarro would otherwise pose.

23Dr. Darby testified that the treatment team is looking for more independent housing for Mr. Navarro. He testified that Mr. Navarro has some intellectual disabilities which will pose some challenges with respect to more independent housing and that he may need some support around such a change in residence, especially in the early stages of any such transition, including help with providing his own meals, which are currently provided at his residence.

24Dr. Darby testified that Mr. Navarro is well engaged in programs at the hospital and is frequently in attendance there but that he would like to see Mr. Navarro make progress with respect to his structured activities and show that he can manage without a high level of support. The team is currently working to transition Mr. Navarro to a less supportive, more independent residence. Once that move has occurred, the team will identify an appropriate non-forensic community team to support Mr. Navarro, which team would include a caseworker and a psychiatrist. Once in more independent housing, Mr. Navarro would need to attend at the hospital less frequently, have fewer meetings, more freedom and less oversight but that such change must be managed carefully and cautiously. He testified that Mr. Navarro was initially keen to sign up for schooling this coming fall but is now thinking about part time employment instead. These activities are areas of stress for Mr. Navarro which will need to be managed and he will need to be supported in any such challenge he undertakes.

25With respect to the paraphilic disorder query, Dr. Darby testified that Mr. Navarro has an unusual presentation which may be based on a naive understanding of sexuality and that this issue has not been resolved. However, Dr. Darby indicated that Mr. Navarro is on a positive trajectory yet currently remains a still a significant threat to the safety of the community.

26All parties maintained their initial positions.

Analysis and Conclusion

27The Board carefully considered the Hospital Report and the evidence of Dr. Darby and unanimously concluded that Mr. Navarro continues to represent a significant threat to the safety of the public. The definition of “significant threat” is guided by the principles set out in Winko v British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 624, which defines it as a risk of serious physical or psychological harm that is criminal in nature. Mr. Navarro suffers from schizophrenia and when experiencing psychotic symptoms has engaged in sexual offending and violent behaviour. Further, his symptoms have been exacerbated by substance use and stress.

28Should Mr. Navarro no longer be under the auspices of the Board, he would experience increased stress in the community. As in the past, he would experience psychotic symptoms, either in the context of substance use, noncompliance with medication or psycho/social stressors, similar to the time of the index offence. As such he remains a significant threat to the safety of the public.

29Having found that Mr. Navarro continues to represent a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.

30The panel unanimously finds that the necessary and appropriate disposition is a continuation of the current disposition which is a discharge with conditions. Mr. Navarro has had a good year. He has been engaged in his programs, been compliant with his medications, is getting along well with other residents in his housing and manages his money and self-care appropriately. He will face challenges in moving to a less structured and less supportive residence. He will require the support and supervision of the treatment team to manage the stress associated with that transition. It is anticipated that once Mr. Navarro has successfully settled in his new residence, a transition to a community non-forensic treatment team will be initiated.

31The panel accepts the joint recommendation of the hospital, the crown and counsel for Mr. Navarro that a continuation of the current disposition, namely a conditional discharge with the same terms and conditions and with Mr. Navarro continuing to reside in his current housing should be continued.

32In conclusion, the panel wishes to congratulate Mr. Navarro on a successful year in the community. We are hopeful that he will continue to make progress in the coming year.