Re Favious Robinson, 2026 CanLII 18233

Ontario Review Board

Re: Favious Robinson

ORB File No: 7563

Hearing held on: Monday, December 15, 2025

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Ms. S. Kert

Members: Dr. T. Verny
Dr. G. Nexhipi
Hon. C. Nelson
Mr. W. Apted

Parties Appearing:

Accused: Favious Robinson
Counsel: Mr. A. Rai

The person in charge of hospital: Counsel: Mr. D. Blumenkrans

Attorney General of Ontario: Counsel: Ms. S. Cressman

REASONS FOR DISPOSITION

(Dated February 4, 2026)

Overview

1. On June 21, 2019, Favious Robinson was found not criminally responsible on account of mental disorder on charges of assault, and resisting or obstructing a police officer. Mr. Robinson is currently subject to a disposition of the Ontario Review Board detaining him on a general forensic unit at CAMH, with privileges extending to living in the Greater Toronto Area in accommodation approved by the person in charge.

2. On December 15, 2025, this panel of the Review Board convened a hearing at CAMH to review that disposition. At the outset Mr. Rai said that Mr. Robinson was asking to be excused and had provided instructions which would allow the matter to proceed in his absence. Neither CAMH nor the Crown objected, and we agreed to proceed with the hearing: s. 672.5(10) of the Criminal Code.

3. The issues to be decided are whether Mr. Robinson continues to pose a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition, considering the factors in s. 672.54 of the Criminal Code.

4. None of the parties contested a finding of significant threat, and the parties jointly submitted that the current detention disposition remains necessary and appropriate for the coming year. We agree. These are our reasons.

Background and Index Offences

5. Mr. Robinson is 62 years old. He was born in Jamaica and immigrated to Canada with his brother in 1983, at the age of 20. In Canada he lived with his mother and stepfather for a few years before moving out on his own, then lived in various boarding homes, subsidized housing (through the CMHA) and shelters. Mr. Robinson was also unhoused for extended periods of time.

6. Prior to the index offences, Mr. Robinson had multiple criminal convictions, the majority of which were for assault. He also had a lengthy history of psychiatric admissions and inpatient stays dating from 1985, including for fitness assessments and pursuant to treatment orders. He has a history of being found unfit to stand trial, including in 1988 on charges of mischief after he demolished his parents’ front door with an axe.

7. In March 2011, Mr. Robinson was found unfit to stand trial on charges of assault and assault with a weapon after he punched a Tim Horton’s employee and struck him with a chair. After an initial ORB hearing he was detained at CAMH. He continued to display assaultive behaviour until treatment with clozapine was started in October 2012. He was found fit to stand trial in October 2012 and released from custody, but readmitted to CAMH the following month as a non-forensic patient. He remained at CAMH until his AWOL from hospital in late April 2014, and was readmitted on an involuntary basis in June 2014.

8. In December 2014, Mr. Robinson went AWOL again and did not return to the hospital. The index offences occurred two months later on February 20, 2015, after Mr. Robinson boarded a TTC bus, did not pay his fare, ignored the driver who told him he had to pay and then punched a woman who tapped him on the shoulder. He also resisted police who tried to arrest him and had to be tasered before he could be detained.

9. In April 2015, Mr. Robinson was found unfit to stand trial in respect of the index offences. He was detained at CAMH on a secure unit until being found fit by a court in June 2017. Although he returned to CAMH after the finding of fitness, Mr. Robinson went AWOL in July 2017. It appears he was unmedicated while AWOL, refused medication once in custody and was again found unfit by a court (in respect of the index offences) in late August 2017 and hospitalized at CAMH. The Review Board detained Mr. Robinson on a secure unit, where he remained until being found fit by the ORB in October 2018, and by a court sometime shortly after that. It was not until June 2019, some four years after he was charged, that Mr. Robinson was found NCR in respect of the index offences.

10. Mr. Robinson continued to be detained on a secure unit until February 2021, when he was transferred to a general forensic unit at CAMH. Thereafter, his presentation in hospital was marked by residual symptoms of psychosis and disorganization associated with his diagnosis of treatment resistant schizophrenia. There were several episodes of agitation, verbal aggression, and inappropriate behaviours. An episode of cannabis use in July 2022 resulted in a rapid decompensation in his mental state, and it took several weeks for Mr. Robinson to restabilize.

Course Since Last Hearing

11. At Mr. Robinson’s last hearing in December 2024, the panel heard evidence that in May 2024, Mr. Robinson was involved in a physical dispute in which he punched a co-patient during a dispute over a tv remote control. Given Mr. Robinson’s behaviour and presentation (including some socially inappropriate behaviours toward female staff), the clinical team deemed it necessary to transfer him to a more secure unit, and he was transferred to SOTU for about two weeks. He returned to the general unit and by the time of his last hearing, he was exercising passes off of the unit. He was also waiting on appropriate community housing and, following a psychological assessment, was anticipating an assessment for DSO funding.

12. At the current hearing we received evidence in the form of an updated hospital report, as well as the oral testimony of Dr. D’Sa, a psychiatry resident who has been working with Mr. Robinson. That evidence indicated as follows: For most of the year, Mr. Robinson’s mental status remained at baseline and his behaviour was controlled. He continued to present with symptoms suggestive of thought disorder, mood lability, and difficulties with executive dysfunction attributable to his intellectual disability, but there were no further incidents of sexually inappropriate behaviour or aggression. With pass training he was able to achieve level 9 privileges, which permitted him indirectly supervised passes into the community. For the most part Mr. Robinson used his passes responsibly and appropriately, including overnight passes to his community housing prior to discharge.

13. On July 15, 2025, Mr. Robinson was discharged to LOFT transitional housing, located close to CAMH. His residence is supervised by staff 24/7, all his meals are provided, and his oral medication administration is supervised. He is also currently receiving Passport funding through the DSO, and is visited at home weekly by his Passport worker. The Passport worker has advised that Mr. Robinson is largely dismissive of offered support and declines to participate in activities or go on outings.

14. On discharge in July, Mr. Robinson’s care was transferred to the CAMH EFOPS team, under the supervision of Dr. Benassi. Mr. Robinson settled relatively well into his new housing. There was one notable incident about two weeks after discharge when Mr. Robinson missed his first scheduled dose of injectable medication as he had left for a pass before the arrival of the nurse. The following day he refused the injection. Despite multiple attempts by his caseworker to encourage his adherence, Mr. Robinson said he did not need or want to take his injectable medication. On July 31st, after meeting with Dr. Benassi, Mr. Robinson ultimately agreed to receive his injection. Since that time, he has been agreeable to receiving his long-acting injectable medication every two weeks at the EFOPS clinic.

15. Since discharge Mr. Robinson’s overall mental status has remained stable, without acute decompensation. Initially he presented as more irritable and dismissive with the outpatient team, but gradually appeared more comfortable and friendly. However, it remains extremely difficult to assess if he understands the information provided to him due to his mumbled style of speech, disorganized thought processes and inattentiveness, all of which are chronic in nature.

16. The other issue of concern to the EFOPS staff is that on one occasion in mid-October 2025, Mr. Robinson’s urine screen was positive for cannabis, and he declined to provide a repeat sample. A UDS provided the following week was negative. On December 4 and 11, 2025, Mr. Robinson again tested positive for cannabis, though there was a negative test between the two positive ones. Mr. Robinson denied cannabis use and the treatment team has found it difficult to engage him further in discussions around the positive tests.

Analysis and Conclusions

17. Based on the evidence, and considering the joint submission, we find that the threshold test for significant threat is met, and that the current detention disposition remains necessary and appropriate.

18. Mr. Robinson continues to experience chronic schizophrenia with significant thought disorganization, resulting in impaired attention, poor appreciation of social situations and a lack of executive control. As described in the hospital report, clinically these translate into impulsivity and poor emotional and behavioural modulation, which are aggravated when Mr. Robinson is not optimally treated and supervised, or when he is using cannabis. He has a history of non-adherence with medication and cannabis use leading (either singularly or together) to decompensation in his mental state. When more unwell he has presented as belligerent, agitated, and physically threatening and/or violent.

19. Mr. Robinson’s discharge to community living in July 2025 is his first since the index offences occurred in February 2015, more than 10 years ago. He has generally transitioned well to the community, but due to his level of functional impairment he requires a high level of support and supervision to maintain his current stability. He lacks awareness or understanding of his mental illness or the benefits of treatment, and has stated that he would be “better” without his antipsychotic medication. It is apparent, therefore, that without appropriate supports in place, Mr. Robinson will likely become non-adherent with antipsychotic treatment, leading to a deterioration in his mental status (which is already fragile), increased disorganization and impulsivity. He is also at risk of an increase in substance use, which would only exacerbate his decompensation. In the context of decreased supervision and his worsening mental state, Mr. Robinson would be at significant risk for violence towards other persons in the community, as occurred in the past.

20. We are also satisfied that the current detention disposition is necessary to manage the risk posed by Mr. Robinson. His transition to community living has gone well to date, but the treatment team must have the ability to approve his accommodation to ensure an appropriate level of support to meet his needs (including supervision of medication), and to return him to hospital quickly in the event of a significant decompensation in his mental state or difficulties at his housing.

21. Accordingly, considering public safety, which is paramount, as well as Mr. Robinson’s mental condition, his reintegration into society and his other needs, we order that the current detention disposition continue unchanged.

DATED this 4th day of February, 2026, at the City of Toronto, in the Region of Toronto.

Ms. S. Kert
Alternate Chairperson

Office of the Registrar
Ontario Review Board