Re: Jonathan Pom
ORB File No: 5301
Hearing held on: Monday, February 9, 2026
Place of Hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. R. Kunjukrishnan (via Zoom)
Dr. M. Green
Hon. C. Nelson
Mr. J. Cyr
Parties Appearing:
Accused: Jonathan Pom
Counsel: Mr. D. Garrick
The person in charge of hospital: Counsel: Mr. J. McIntyre (via Zoom)
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated February 26, 2026)
Introduction
[1]. On March 19, 2009, Mr. Jonathan Pom was found not criminally responsible on account of mental disorder (“NCR”) on a charge of sexual assault, contrary to the Criminal Code of Canada (“Criminal Code”). Since that time, Mr. Pom has been subject to Dispositions of the Ontario Review Board (“ORB” or the “Board”), most recently a Disposition dated February 13, 2025. Pursuant to his existing Disposition, Mr. Pom is ordered detained at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH” or the “hospital”). His most liberal privilege allows him to live in the community in accommodation approved by the person in charge of the hospital.
[2]. On February 9, 2026, a panel of the ORB convened Mr. Pom’s annual hearing pursuant to s. 672.81(1) of the Criminal Code, to determine if Mr. Pom remained a significant threat to the safety of the public, and if so, to determine the necessary and appropriate Disposition taking into account the factors set out in s. 672.54 of the Criminal Code. Dr. Kunjukrishnan attended the hearing by video conference. Mr. Pom was present at the hearing with his counsel, Mr. D. Garrick. A Mandarin interpreter attended the hearing to assist Mr. Pom with as-needed interpretation.
[3]. For the reasons set out below, this Board finds that Mr. Pom continues to represent a significant threat to the safety of the public and that the least onerous and least restrictive Disposition, that is both necessary and appropriate in the circumstances, is that he continue to be detained on a General Forensic Unit at the hospital on the same terms as last year’s Disposition.
Index Offence
[4]. The facts of the index offence are taken from last year’s ORB Reasons for Disposition as follows:
“The victim and accused in this matter are both voluntary patients of the Centre for Addiction and Mental Health. Both patients suffer from schizophrenia. Prior to this incident, they had not had any contact with one another. On January 7, 2009, the victim was in her room sleeping. The accused entered the victim’s room, waking her up. He proceeded to climb on top of her. He was dressed and there was a blanket between himself and the victim. He then placed his hands under the blanket and began to fondle her left breast. She told him to stop and leave and he left. Within a few minutes he returned and the victim told him to leave. He held her by the arms while he again fondled her left breast. He left for a second time and she called for the nurse. The police were contacted and he was placed under arrest for sexual assault. Mr. Pom denied any involvement in the circumstances of the index offence.”
Position of the Parties
[5]. At the commencement of the hearing, all parties were canvassed as to their positions regarding the Disposition recommendation. Mr. McIntyre, on behalf of the hospital, took the position that the necessary and appropriate Disposition, going forward, was a Detention Order on the same terms as last year’s Disposition with privileges up to and including living in the community in accommodation approved by the person in charge of the hospital. When asked by the Alternate Chair for his comments on a specific level of security, Mr. McIntyre stated that the hospital would support a Detention Order on a General Forensic Unit.
[6]. Mr. Brandes agreed with the hospital and submitted that the Board could specify the level of security in order to manage Mr. Pom’s risk.
[7]. Mr. Garrick stated that the matter would proceed as a joint submission. Mr. Garrick also stated that he would not be contesting the issue of significant threat.
[8]. All parties maintained their respective recommendations to the Board in closing submissions.
Personal Background
[9]. A Hospital Report dated January 16, 2026, was filed as an exhibit at these proceedings and contains extensive information pertaining to Mr. Pom’s personal background and his progress in hospital since the NCR finding. Briefly stated, at the time of the hearing, Mr. Pom was a 44-year-old, never married, single man. He had no children.
[10]. He was born in Ottawa but moved with his parents to Scarborough at the age of three. His father was a carpenter, and his mother was a personal support person.
[11]. Mr. Pom attended school up to grade 11. He quit school at age 18. His teachers and parents had noticed that he appeared unable to concentrate and could not finish his assigned schoolwork. In his early 20’s he returned to school at Scarborough College and was unable to complete the assigned work and as a result, withdrew at the age of 23.
[12]. His parents report that Mr. Pom was known to use cannabis and ecstasy. His parents reported that they became afraid of their son when he started accusing them of being evil and doing black magic.
[13]. Mr. Pom has never been employed.
[14]. Mr. Pom advised that he never had a girlfriend.
Criminal History
[15]. According to the Hospital Report, Mr. Pom has convictions for a number of offences, including assault, failure to comply with undertaking, and robbery. The Hospital Report refers to other incidents of bad conduct, which do not appear to have resulted in specific charges and/or convictions.
Psychiatric History
[16]. His parents report that he first became mentally ill in December of 2000 when he was 19 years old. He was afraid of the light, and he removed most of the lights from the house. At about that time, he accused his mother and sister of working black magic.
[17]. Mr. Pom’s first contact with the mental health system was in 2001 when he was hospitalized at the Whitby Mental Health Centre (now Ontario Shores Centre for Mental Health Sciences) for an assessment of his fitness to stand trial after being charged with assaulting his father. He remained in the community under a Community Treatment Order but was noncompliant with his medications and the requirements of his Assertive Community Treatment (“ACT”) team. He was hospitalized in October 2003. It is noted in the Hospital Report, that Mr. Pom lacked insight into his illness and the need for medication. He displayed sexually inappropriate behaviour.
[18]. In 2007, Mr. Pom was charged with sexual assault, assault, and criminal harassment. Mr. Pom refused injectable medication proposed by Toronto East General Hospital.
[19]. Mr. Pom returned to Toronto East General Hospital in 2008 after putting his hands around the necks of two young women at the Eaton Centre. During this admission, he was sexually inappropriate with a co-patient and verbally threatened staff. He continued to lack insight into his illness and the need for medication.
[20]. He was brought by police to CAMH in December 2008, after bizarre behaviour in a hotel lobby. Clozapine was prescribed for Mr. Pom, and he was discharged on January 21, 2009.
[21]. Following his NCR finding in 2009, Mr. Pom was charged with assaulting a nurse at CAMH on July 10, 2012. He was initially detained at the Oak Ridge Division of the Mental Health Centre in Penetanguishene (now Waypoint Centre for Mental Health Care), and then later transferred to CAMH in 2010. He was transferred to LGUD (Unit 1-5), a General Forensic Unit, on February 9, 2025, where he continues to reside.
Current Diagnoses
[22]. Mr. Pom is diagnosed with:
Schizophrenia;
Substance use Disorder, in sustained remission in a controlled environment.
Evidence at the Hearing
[23]. The evidence at the hearing was the Hospital Report dated January 16, 2026, and the oral testimony of Dr. S. Darani who has been Mr. Pom’s treating psychiatrist since his transfer to a General Forensic Unit about a year ago.
[24]. Dr. Darani testified that there has been no significant change to Mr. Pom’s presentation over the past year. His mental state has remained relatively stable and occasional exacerbations and psychotic symptoms have been managed with PRN medication. He remains socially withdrawn with blunted affect and poverty of thought. He is dishevelled, at times, but is working on his personal hygiene through cognitive adaptive training with the unit’s occupational therapist. His speech is limited, often replying to a question with “I don’t know.” He has limited insight into his psychotic illness, but occasionally states that he suffers from schizophrenia.
[25]. At times, Mr. Pom has exhibited self-injurious behaviour, including repetitive head hitting and dystonic reaction on one occasion, primarily evidenced by eye-rolling.
[26]. On February 6, 2025, he attempted to open the front door of the unit, asking to “go home”. He was successfully redirected but his community passes were held for a short time. Otherwise, he has used his Level 4 passes appropriately during the year.
[27]. Mr. Pom regularly participates in group activities and attends special group outings.
[28]. As a result of a fairly recent assessment, Mr. Pom has been diagnosed with having an intellectual development/autistic disorder. This assessment opens an option for Mr. Pom in terms of eventual discharge to housing. He will be entitled to funding through Developmental Services Ontario (“DSO”). A DSO referral will be made.
[29]. Dr. Darani also stated that, in her view, Mr. Pom still represents a significant threat to the safety of the public and would be at high risk for violence in the community if either conditionally or absolutely discharged. As well, the provisions of the Mental Health Act would not be sufficient to manage his risk if he were to be conditionally or absolutely discharged. His illness is treatment refractory and fragile. He continues to require a high level of support and external control from staff. If not closely monitored, he would likely fall away from treatment.
[30]. Dr. Darani adopted the Re-offence Scenario set out at page 46 of the Hospital Report as follows:
“If Mr. Pom is to reoffend, this will likely transpire in the following way: his auditory hallucinations, delusional belief and disorganization exacerbate as a result of the treatment-refractory nature of his condition. Without timely monitoring and detection of symptoms, particularly with inadequate support, he may act violently towards others. His action would most likely be impulsive and may be violent or sexual in nature. His victim will likely be those in close proximity to him, such as hospital staff and co-patients (if he resides in the hospital) or family members (if he resides in the community). He is more likely to target towards females for sexual offending and either gender for violent offending.”
[31]. DSO funding will now offer specialized support and, as Mr. Pom requires very high support, the team is now optimistic that progress planning for the future can go ahead.
[32]. The Crown had no questions for Dr. Darani.
[33]. In answer to a question from Mr. Garrick, Dr. Darani testified that since the recent assessment, the hospital has been providing augmented services for Mr. Pom to optimize his communication and social skills.
[34]. In answer to a question from a panel member, Dr. Darani stated that Passport funding should also be available to assist Mr. Pom in his treatment. Mr. Pom is open to receiving any services offered.
[35]. In answer to a further question from a panel member, Dr. Darani said that she is of the view that Mr. Pom remains at high risk for elopement as it is not clear that he understands his status under the Board.
[36]. Dr. Darani also pointed out that shortly after Mr. Pom’s transfer to the General Forensic Unit, his medication was switched from oral to a long-acting injectable medication.
[37]. No further evidence was called.
Submissions
[38]. The hearing continued by way of a joint submission for a Detention Order with privileges up to living in the community in accommodation approved by the person in charge. The hospital requested that the placement in Forensic Services continue, but no strong objection to the Board’s specifying placement on a General Forensic Unit. The Crown supported the hospital and stated that it would not object if the Board specified the level of security. Mr. Garrick agreed with both the hospital and the Crown.
Analysis and Conclusion
[39]. The Board has considered the Hospital Report, the evidence of Dr. Darani, and the submissions of the parties, and finds that Mr. Pom continues to represent a significant threat to the safety of the public.
[40]. Mr. Pom suffers from a treatment-refractory form of Schizophrenia. Since his diagnosis in 2000, he has continued to experience auditory hallucinations, delusional content, and other internal stimuli. In the past, Mr. Pom has reported hearing voices which have commanded him to act in an aggressive or sexually inappropriate manner. He also has experienced paranoid, grandiose and religious delusions. His behaviour has been bizarre and highly disorganized, which has periodically led to sexually inappropriate conduct. Further, we note that Mr. Pom has near absent insight into his illness, the benefits of medication or other treatments, the impact of intoxicant use on his mental state, or his risk to the safety of the public.
[41]. The Board adopts the Re-offence Scenario in the Hospital Report as set out at paragraph 30 of these Reasons.
[42]. In coming to the conclusion that the necessary and appropriate Disposition is that Mr. Pom continue to be subject to his Detention Order on a General Forensic Unit, the Board relies on the uncontroverted, expert, medical opinion of Dr. Darani and the documentary evidence before it. Mr. Pom continues to require an inpatient admission at this juncture.
[43]. A Detention Order will allow the hospital to oversee Mr. Pom’s choice of residence in the community when he is ready for a discharge. This is necessary to manage his risk. The documentary evidence indicates that Mr. Pom would be unlikely to meet criteria for an involuntary admission under the Mental Health Act in the context of the early stages of a mental status deterioration. For these reasons, a Detention Order remains the necessary and appropriate Disposition to safely manage his risk.
[44]. The reporting requirement will be included and remain the same as in last year’s Disposition – that is: not less than once a week.
[45]. In making this Disposition, the Board has reviewed the provisions of s. 672.54 of the Criminal Code and has carefully considered the need to protect the public from dangerous persons, Mr. Pom’s mental condition, his reintegration into society and his other needs.
DATED this 26th day of February, 2026, at the City of Toronto, in the Toronto Region.
Hon. C. Nelson
Legal Member
Office of the Registrar
Ontario Review Board