Re Xiuhao Xu, 2026 CanLII 12784

Ontario Review Board

Re: Xiuhao Xu

ORB File No: 8696

Hearing held on: Monday, January 26, 2026

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Sections 672.81 (1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg Members: Dr. M. Attia Dr. M. Kalia Ms. J. Ferguson Mr. J. Cyr

Parties Appearing:

Accused: Xiuhao Xu Counsel: Mr. T. Whillier

The person in charge of hospital: Representative: Dr. K. De Freitas

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated February 19, 2026)

Introduction

1. Ms. Xu was found unfit to stand trial on December 16, 2024, on charges of breaking and entering (intent), and utter a threat to cause death or bodily harm.

2. Ms. Xu is currently subject to a Disposition of the Ontario Review Board dated February 25, 2025, by which she was ordered to be detained at “the Forensic Program of the Ontario Shores Centre for Mental Health Sciences”.

3. On Monday, January 26, 2026, the Ontario Review Board convened a hearing at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) and conducted Ms. Xu’s annual hearing.

Position of the Parties

4. At the outset of the hearing, the parties were canvassed as to their recommendation to the Board. Dr. De Freitas appeared as the hospital representative as well as Ms. Xu’s most responsible physician. The Board understands that Dr. De Freitas has been following Ms. Xu for approximately the last 12 months. It is the hospital position that Ms. Xu remains unfit to stand trial. It is the hospital position that Ms. Xu simply cannot meaningfully participate in any trial.

5. Dr. De Freitas stated that if the Board were to make a Disposition, the hospital would be content should our Disposition direct detention on a Secure Forensic Unit, with discretion to transfer Ms. Xu to a General Forensic Unit should her condition sufficiently improve to justify such a transfer. Dr. De Freitas was “hopeful” that a transfer to a general forensic unit might be available sometime over the next 12 months.

6. Ms. MacDonald appeared for the Attorney General. Ms. MacDonald anticipated supporting the hospital’s recommendation.

7. Mr. Whillier was in attendance. When asked about his position, Mr. Whillier noted that he was “unable to receive any meaningful instructions” from his client.

Outstanding Charges

8. “On September 14, 2024, police received a call of an unwanted visitor at 61 Jaffray Road, Markham. The victim, Mr. Lianfa Ye, who lives there, said that Ms. Xu, who had owned the home 15 years ago, was banging on the front door and refusing to leave. Ms. Xu had forced her way through the mesh door and was in the vestibule area and refused to leave. Police arrived and located Ms. Xu nearby. Police requested Ms. Xu to stop multiple times but Ms. Xu did not listen. Eventually, Ms. Xu was arrested. When officers spoke to the victim he indicated that Ms. Xu had said “I know that there are adults and you in this house. If they come outside, I'm going to kill them.” Mr. Ye indicated Ms. Xu used to own the residence and keeps coming back thinking she still owns it. Mr. Ye wanted to press charges. Ms. Xu was taken to the Markham Stouffville Hospital and placed on a Form 1 under the Mental Health Act. Officers wanted to release Ms. Xu but she refused to attend the court date so she was held for a bail hearing. On September 26, 2024, Ms. Xu refused to attend a telehealth fitness interview. On September 30, Ms. Xu was brought to Ontario Shores from jail for a fitness assessment. On October 15, Ms. Xu received a 60-day assessment order. On December 16, Ms. Xu was found unfit to stand trial and put over for her initial Board hearing.”

Evidence at Hearing

9. The Board admitted into evidence the hospital report dated December 24, 2025. The hospital report provides a great deal of information concerning Ms. Xu, her personal history, details of the events of the outstanding charges, her mental health history, and Ms. Xu’s course in hospital subsequent to the date of the outstanding charges.

10. In addition to the documentary evidence, the Board heard from Dr. De Freitas. Dr. De Freitas last assessed her patient for fitness on January 21^st. She used an interpreter at that time. At the commencement of the hearing, in response to questions from the Alternate Chair, Ms. Xu asked for the interpreter to provide verbatim translation, and that was done.

11. Returning to Dr. De Freitas’ recent assessment, Ms. Xu stated that she did not know what charges were outstanding, and she did not know what allegations were being made. Frequently, however, in those discussions, Ms. Xu would state, “I did not do it”. In response to other questions, Ms. Xu said, “I can only say that I did not do it”. Ms. Xu does not have any understanding of available pleas. Dr. De Freitas asked her further questions about potential pleas. Ms. Xu would simply state, “These charges do not apply to me”. Ms. Xu went on to say, “I did not do anything, so why do I have to be asked all of these questions?” It was a consistent theme that Ms. Xu would state, “Just let me go back to Scarborough”.

12. Ms. Xu did state that the Judge was the “head leader” but did not know what he actually did.

13. Dr. De Freitas stated that her patient is currently being well managed on a Secure Forensic Unit. She has not displayed any aggressive or violent conduct. On the other hand, she has no insight into her illness or the risk she poses to other people. The doctor noted that Ms. Xu is not capable of making treatment decisions. She does take the medication by injection, but only because the hospital asks her to do so.

14. Dr. De Freitas noted that the clinical team has attempted to give indirectly supervised passes on hospital grounds, but Ms. Xu has only used “a handful” of such passes. Ms. Xu basically states that she does not want to leave the unit. The doctor noted that Ms. Xu does work from time to time at the gift shop at the hospital, but frequently declines to go there when she was scheduled to do so.

15. The doctor would like to be able to consider treatment with Clozapine, but Ms. Xu will not take any oral medication.

16. The doctor has wondered about the possibility of cognitive issues. Unfortunately, a psychological assessment will not be available for a number of months. When asked whether cultural or language factors may be relevant, given that Ms. Xu did not use an interpreter and presented as generally guarded, Dr. DeFreitas indicated that she did not believe cultural factors were driving Ms. Xu's presentation. Rather, Ms. Xu's guardedness is due to her ongoing difficulty accepting the legal charges. Dr. DeFreitas acknowledged that a comprehensive cognitive assessment may be of limited reliability in this case due to language and cultural considerations. However, non-verbal measures of intellectual functioning could still provide useful information regarding broader cognitive functioning.

17. In response to questions from Ms. MacDonald, Dr. De Freitas noted that there has not been any real improvement in Ms. Xu’s fitness.

18. The doctor did note that Ms. Xu attempted to elope on March 4, 2025.

19. The doctor believes that if Ms. Xu were able to do so, she would run away from the hospital.

20. The doctor noted that if the panel were to specify the level of security, the hospital would ask for a detention order on a Secure Forensic Unit, but with discretion to be able to transfer to a General Forensic Unit.

21. A question was asked about the involvement of Ms. Xu’s husband and daughter. The doctor noted that such contact takes place less than on a monthly basis.

22. In response to a panel member’s question, Dr. De Freitas noted that Ms. Xu’s delusional belief relates to Ms. Xu’s belief that she is still the owner of the home in Markham.

23. In response to a question from another panel member, Dr. De Freitas stated that at the present time, she is not prepared to find that Ms. Xu is permanently unfit.

Submissions

24. Dr. De Freitas asked the Board to find that Ms. Xu remains unfit and that the necessary and appropriate Disposition is for a Detention Order on a Secure Forensic Unit, but with the ability to transfer to a General Forensic Unit.

25. Ms. MacDonald agreed with the hospital position.

26. Mr. Whillier indicted that he has no instructions to make submissions.

Findings of the Board

27. The Board accepts the evidence of Dr. De Freitas and the evidence contained in the hospital report. In particular, we accept that at the present time, Ms. Xu is unfit to stand trial. We note the doctor’s evidence that she does not say at this time Ms. Xu is permanently unfit. Accordingly, the Board has no jurisdiction to make a recommendation to the court for any potential stay of these charges.

28. We will direct detention on a Secure Forensic Unit and with discretion given to the person in charge to transfer Ms. Xu to a General Forensic Unit.

29. In reaching our decision, the Board has taken into consideration public safety, Ms. Xu’s mental condition and her other needs, and Ms. Xu’s reintegration into society.

DATED this 19^th day of February 2026, at the City of Toronto, in the Region of Toronto.

Mr. J. Goldenberg Alternate Chairperson

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Office of the Registrar Ontario Review Board