Re: Ronnie Acuna-Aguirre
ORB File No: 7954
Hearing held on: Tuesday, February 10, 2026
Place of hearing: Waypoint Centre for Mental Health Care (Via Zoom Video Conference)
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. T. Verny Dr. G. Nexhipi Ms. A. Israel Ms. C. Plyley
Parties Appearing:
Accused: Ronnie Acuna-Aguirre Counsel: Ms. B. Benincasa
Person in charge of hospital: Counsel: Mr. J. Thomson
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DECISION
(Dated February 20, 2026)
On September 23, 2021, Mr. Acuna-Aguirre was found not criminally responsible by reason of mental disorder on a charge of murder.
The Board understands that on September 29, 2021, Mr. Acuna-Aguirre started his detention at the Waypoint Centre for Mental Health Care. We understand Mr. Acuna-Aguirre is subject to a Disposition of the Ontario Review Board dated December 12, 2025, by which he was ordered to be detained at the High Secure Provincial Forensic Programs at the Waypoint Centre for Mental Health Care.
By letter dated December 16, 2025, Waypoint Centre for Mental Health Care advised the Ontario Review Board as follows:
“Please accept this letter as notice of a significant restriction of Mr. Acuna-Aguirre’s liberty, pursuant to s. 672.56(2) of the Criminal Code. Mr. Acuna-Aguirre has been secluded for a period greater than seven days. He entered seclusion on December 8, 2025”.
As a result of the Waypoint letter, the Ontario Review Board convened a hearing on Tuesday, February 10, 2026, and conducted a Restriction of Liberty hearing.
We note at the outset of the hearing that Mr. Acuna-Aguirre was not present. This hearing was being done virtually.
Ms. Benincasa is counsel for Mr. Acuna-Aguirre. Ms. Benincasa advised the panel that her client’s restriction of liberties terminated yesterday, Monday, February 9 and that her client did not wish to attend the hearing. Ms. Benincasa advised that she had complete instructions from her client including to proceed in his absence. Under those circumstances, the panel exercised its discretion and permitted Mr. Acuna-Aguirre to be absent from this hearing pursuant to s. 672.5(10)(a).
Position of the Parties:
At this point in the hearing, the Board asked the parties for their positions with respect to this hearing. Mr. Thomson advised of the hospital position that the decision to place Mr. Acuna-Aguirre in seclusion was warranted and Mr. Acuna-Aguirre’s period in seclusion, which ended on February 9, 2026, represented the least onerous and least restrictive option available to the hospital.
Ms. Curry appeared for the Attorney General. She agrees with the hospital’s position.
As indicated, Ms. Benincasa appeared for Mr. Acuna-Aguirre. Ms. Benincasa advised that she and her client agree with the hospital’s position.
Evidence at Hearing:
The Board admitted into evidence a Hospital Report dated January 26, 2026. The Board also admitted into evidence the letter from Waypoint and the ORB response to that letter.
In addition to the documentary evidence, the Board heard from Dr. Mishra. According to the Hospital Report, on December 8, 2025, Mr. Acuna-Aguirre attempted to assault a staff member. It appears from the Hospital Report that Mr. Acuna-Aguirre attempted to strike other staff members. Mr. Acuna-Aguirre claimed that he no longer believed in medication and did not wish to take any more medication. The decision was made to place Mr. Acuna-Aguirre into seclusion. The doctor noted an historic pattern with this patient. The patient has been treated with clozapine. This patient also frequently discontinues his taking of medication and most often, after he decreases or stops the clozapine medication, he would rapidly decompensate. Dr. Mishra noted that this seclusion was again triggered by Mr. Acuna-Aguirre discontinuing his medication.
Mr. Acuna-Aguirre is incapable of making treatment decisions. His sister remains his Substitute Decision Maker. Currently Mr. Acuna-Aguirre is being treated with a long-acting injectable medication and one oral medication but is no longer being treated with clozapine.
Dr. Mishra also noted that the hospital is contemplating a course of ECT treatments for this patient. The SDM has agreed, and it appears that Mr. Acuna-Aguirre is also agreeable. The doctor is hoping to treat Mr. Acuna-Aguirre with 12 ECT treatments spread over a three-week period.
In response to questions from a panel member, Dr. Mishra noted that Mr. Acuna-Aguirre was offered seclusion relief and Mr. Acuna-Aguirre frequently accepted that offer and had periods of relief.
In response to a question from another panel member, Dr. Mishra noted that when well, Mr. Acuna-Aguirre has achieved a number of privileges within the hospital.
No other evidence was heard at this hearing.
Findings of the Board:
At the conclusion of the evidence, the parties were again canvassed. All parties maintained their original positions, namely that there was a period of seclusion, that the decision to place Mr. Acuna-Aguirre in seclusion was warranted and his ongoing stay represented the least onerous and least restrictive decision available to the hospital. Under those circumstances, the panel advised counsel that we did not need submissions, but any counsel was free to make submissions. Ms. Benincasa chose to stress that when well, Mr. Acuna-Aguirre has acted appropriately within the hospital.
The Board accepts without reservation the evidence of Dr. Mishra and the evidence contained in the Hospital Report. We accept that Mr. Acuna-Aguirre’s condition deteriorated significantly. We accept that this deterioration was most likely due to Mr. Acuna-Aguirre’s decision to discontinue clozapine which occurred a few days before the start of the period of seclusion. We accept that Mr. Acuna-Aguirre was offered seclusion relief and that he availed himself of seclusion relief on a number of occasions. We also accept the joint recommendation. We accept that the ongoing stay in seclusion was the least onerous, least restrictive decision available to the hospital.
DATED this 20th day of February 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board