Re: Joe Van Lo
ORB File No: 8263
Hearing held on: Tuesday, August 12, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.48(1) and 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: Joe Van Lo Counsel: Mr. T. Whillier
The person in charge of hospital: Representative: Dr. S. Chatterjee
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated September 18, 2025)
Introduction
[1]. On March 14, 2023, Joe Van Lo was found unfit to stand trial on account of mental disorder (unfit) on a charge of assault causing bodily harm, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board) dated August 28, 2024, detaining him at the General Forensic Unit of the Centre for Addiction and Mental Health (CAMH/the hospital), with discretionary privileges up to and including the ability to reside in the community in 24-hour supervised accommodation.
[2]. On August 12, 2025, the Board convened a hearing to determine whether Mr. Lo remains unfit, and if so whether he continues to represent a significant threat to the safety of the public and, if so, the necessary and appropriate disposition.
[3]. Mr. Lo was not present at the hearing and his counsel, Mr. Whillier, asked that Mr. Lo be permitted to be absent. Mr. Whillier indicated that when he tried to speak with Mr. Lo, he was nonresponsive. Further Mr. Whillier was advised that any attempts to disturb Mr. Lo, result in him becoming aggressive. Dr. Chatterjee, Mr. Lo’s treating psychiatrist and representative for the hospital, agreed with Mr. Whillier’s position. With consent of all parties, an order was made pursuant to s. 672.5(10)(1) of the Criminal Code, excusing Mr. Lo.
[4]. At the outset of the proceedings, all parties were canvassed as to their initial positions on the issues to be determined by the Board. Dr. Chatterjee submitted that Mr. Lo remains unfit, remains a significant threat to the safety of the public, and the necessary and appropriate disposition is a continuation of the current detention order. Mr. Feindel, on behalf of the Ministry of the Attorney General, concurred in the hospital’s positions. Mr. Whillier agreed that Mr. Lo remains unfit and took no issue with the hospital’s positions. Thus, a joint recommendation was put before the Board.
Findings
[5]. For the reasons that follow, the Board finds that Mr. Lo continues to be unfit to stand trial. Further, the Board finds that Mr. Lo remains a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order.
The Evidence
[6]. The evidence at the hearing consisted of the Hospital Report, dated July 21, 2025 (ex. 1), and the viva voce evidence of Dr. Chatterjee.
The Alleged Index Offence
[7]. The circumstances of the alleged index offence have been taken from the Hospital Report, at p.9:
“The accused, Joe LO and the victim, Mac LEPHAN both reside at the Fountain View Care Community in separate rooms. They are not married, not dating and are in no way in any type of relationship. They are both residents in the facility. The accused believes the victim is his wife and constantly says this to her.
SYNOPSIS: On Tuesday, February 28th, 2023, the accused and the victim were on the third floor at the Fountain View Care Community building where they both reside. Due to illness, LO believes that LEPHAN is his wife. Today, LO called LEPHAN his wife and she corrected him, saying that they were not married. All of a sudden, LO started punching LEPHAN multiple times in the face, knocking her to the ground. Staff eventually separated LO and called 9-1-1. LEPHAN required transport to hospital and experienced swelling under both eyes, blood and lacerations to her face, sore shoulders, and she felt dizzy. Paramedics placed a neck brace on LEPHAN, placed her on a stretcher and transported her to hospital. LEPHAN expressed she is extremely scared of LO and believes he will be violent in the future, because LO is so adamant that LEPHAN is his wife.
VICTIM INJURIES: - experienced swelling under both eyes, blood and lacerations to her face, sore shoulders, and she felt dizzy.”
Background Information
[8]. The Hospital Report contains information as to Mr. Lo’s background and psychiatric history and need not be reviewed in these reasons beyond the following material facts. Most of the information was provided by Mr. Lo’s brother. Mr. Lo is a 59-year-old man who was born and raised in Laos. He and his family immigrated to a refugee camp in Thailand from Laos due to the civil war. They were sponsored by a church group in Chatham to emigrate to Canada in 1979, when Mr. Lo would have been fourteen. He and his brother reportedly dropped out of high school and moved to Brampton to obtain employment to support the family.
[9]. Mr. Lo’s brother advised that Mr. Lo was incarcerated for four years in Manhattan Correctional Centre in New York from 2013 to 2017. He apparently had been found trying to smuggle cocaine into the United States. Upon his return to Canada, his brother noted a significant decline in Mr. Lo’s behaviour. He appeared more confused and had difficulty retaining information.
[10]. In 2019, Mr. Lo was admitted to Etobicoke General Hospital after reporting auditory hallucinations and bizarre behaviours. Cognitive testing provided results indicative of dementia.
[11]. Over the course of that year, Mr. Lo’s behaviour became increasingly problematic. After he threatened to kill his brother, his family did not want him residing at their residence. When admitted to CAMH in August 2019, he was identified as having dementia. After a brief admission, he was transferred to CAMH Geriatric Inpatient Unit on a voluntary basis. He was ultimately discharged back to his family home with home care support. He also was placed on a waitlist for supportive housing.
[12]. Mr. Lo’s unpredictable and threatening behaviour towards his brother continued to the point where he was no longer able to reside with him. After a brief admission at CAMH and LOFT housing, on April 28, 2021, he was discharged to Fountain View Community Care home. In February 2023, he was brought to hospital after engaging unprovoked violent behaviour toward both staff and co-residents. It was thought that his violent behaviour was due to his cognitive impairment.
[13]. Following his arrest on the alleged index offence, Mr. Lo was found unfit to stand trial and admitted to CAMH on April 3, 2023, pursuant to a Warrant of Committal. He continues to be a patient there.
Course Since the Last Disposition
[14]. Mr. Lo’s current diagnosis is Major Neurocognitive Disorder. There is expected to be a continued gradual decline in his ability to function. Currently, he is entirely dependent on staff for his Activities of Daily Living (ADL’s). Four staff persons are required for all hands-on nursing tasks. In particular, undergarment changes pose the highest risk of Mr. Lo lashing out physically, often in the form of kicking, swatting and punching staff. On one occasion, a nurse sustained a broken finger. There also have been occasions when he has punched out at co-patients who came too close to him. His treatment with medication involves an ongoing balance between behavioural control against the risk of over-sedation.
[15]. Efforts to find a long-term residence that will accept Mr. Lo have proven unsuccessful. Before he would be able to transition to such a residence, he would have to demonstrate less aggressive behaviour and not require such labour-intensive care. To date, all nine residences that the hospital has contacted have declined to accept Mr. Lo.
[16]. Dr. Chatterjee testified before the Board. She indicated that there is no change in Mr. Lo’s mental status from a clinical perspective. He remains unfit to stand trial. He is unable to communicate or make reality-based decisions. In her opinion, he remains a significant threat to the safety of the public on the basis of his behavioural acting out that is aggressive in nature. Mr. Lo continues to require 4 persons to assist him in basic activities of daily living.
[17]. Further, in Dr. Chatterjee’s opinion, a detention order is the necessary and appropriate and least restrictive form of disposition commensurate with public safety. Mr. Lo requires 24-hour supportive housing The nursing home specialist indicated that there is no hope for acceptance by a community residence given Mr. Lo’s current care needs.
[18]. Dr. Chatterjee testified that it is likely that Mr. Lo will become less aggressive, but that will be in parallel with an overall worsening of his dementia. There is no treatment for dementia. His current status is indicative of the trajectory of frontal temporal dementia. His behaviour cannot be addressed through conventional behaviour therapies.
[19]. All parties maintained the joint submission.
Analysis and Conclusion
[20]. The Board carefully considered the Hospital Report and the evidence of Dr. Chatterjee and unanimously concludes that Mr. Lo remains unfit to stand trial. The panel has the benefit of the recent Supreme Court of Canada decision in R v Bharwani, 2025 SCC 26, at para 6:
“[A]n accused is fit to stand trial when they are able to make and communicate reality-based decisions in the conduct of their defence or instruct counsel to do so. Conducting a defence includes making decisions that an accused must always make personally and those which relate to the exercise of their right to full answer and defence, such as decisions about pleas, the mode of trial, selection of counsel, whether to testify, whether to call or cross-examine witnesses, and closing submissions, among others. The capacity required to make those decisions is a reality-based understanding of the nature or object of the proceedings and their possible consequences, an ability to understand the available options and their consequences, and an ability to select between those options when making decisions. Fitness to stand trial does not require an accused to make decisions in their best interests. Rather, it requires making decisions based on an understanding of reality that is not overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder. Transient mental health symptoms do not necessarily compromise an accused’s ability to conduct a defence. The focus is always on assessing the extent to which an accused’s mental disorder impairs their understanding of reality when making and communicating decisions in their defence.”
[21]. It is clear from the evidence that Mr. Lo suffers from Major Neurocognitive Disorder and his cognitive abilities continue to deteriorate, as anticipated. He is unable to communicate with counsel and is unable to demonstrate an understanding or appreciation of the nature or object of any court proceedings relating to the alleged index offence. The Board accepts that Mr. Whillier is unable to receive instructions. As such, Mr. Lo remains unfit to stand trial.
[22]. The Board unanimously finds that Mr. Lo remains a significant threat to the safety of the public. He frequently strikes out at staff and co-patients. Regular daily care requires four staff due to his unpredictable, and at times aggressive, behaviour.
[23]. The Board further unanimously finds that the necessary and appropriate disposition is the continuation of the current detention order. Mr. Lo requires 24-hour support and supervision. His sole risk factor is his worsening dementia. In order to manage that risk, the hospital has implemented a plan of care that includes intensive support from staff. No residence in the community is prepared to provide the level of care that is required at this time.
[24]. Finally, the Board must acknowledge the exceptional care that the team at CAMH is providing to Mr. Lo. They are managing a very unique case in a very compassionate way. It would appear that even the co-patients on the unit are sensitive and understanding of Mr. Lo’s condition. Mr. Lo is receiving excellent care.
DATED this 18^th^ day of September, 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Finley Alternate Chairperson
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Office of the Registrar Ontario Review Board