Re: Marie Martino
ORB File No: 5028
Hearing held on: Tuesday, January 20, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. G. Chaimowitz Dr. L. Leong Ms. M. L. Bridger Mr. S. Doherty
Parties Appearing:
Accused: Marie Martino Counsel: Ms. C. Whillier
The person in charge of hospital: Counsel: Mr. D. Blumenkrans
Attorney General of Ontario: Counsel: Ms. R. Weinberg
REASONS FOR DISPOSITION
(Dated March 2, 2026)
Introduction
On February 13, 2008, Marie Martino was found not criminally responsible on account of mental disorder (“NCR”) on a charge of robbery, contrary to the Criminal Code of Canada. She is currently subject to a disposition of the Ontario Review Board (“ORB/the Board”) dated January 6, 2025, discharging her with conditions including prohibitions against possessing weapons or contacting the victim of the index offence and a consent to continue treatment pursuant to s.672.55 of the Criminal Code.
On January 20, 2026, the Board convened a hearing to conduct the annual review of Ms. Martino’s disposition pursuant to s.672.81(1) of the Criminal Code. Ms. Whillier, Ms. Martino’s counsel, indicated that Ms. Martino would not be attending and was requesting to be excused. Ms. Martino was pursuing an education opportunity at York Seneca. Ms. Whillier advised that she had instructions and was prepared to proceed with the hearing. There being no objection from the other parties, an order was made pursuant to s.672.5(10).
At the outset of the proceedings, all parties submitted that Ms. Martino remains a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current conditional discharge. Ms. Whillier specifically conceded the issue of significant threat and further stated that Ms. Martino continues to consent to an order requiring her to take treatment.
Findings
- For the reasons that follow, the panel finds that Ms. Martino remains a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current conditional discharge.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated January 2, 2026 (ex. 1), and the viva voce evidence of Dr. Igoumenou, Ms. Martino’s Most Responsible Physician.
The Index Offence
- On September 25, 2007, Ms. Martino approached a woman who was parking her car and asked her for $3.00. The woman refused and Ms. Martino grabbed the woman’s backpack. After a brief struggle, Ms. Martino let go of the backpack and walked away. She was arrested several days later.
Background Information
The Hospital Report contains detailed information as to Ms. Martino’s personal history and psychiatric care and need not be reviewed in detail in these reasons beyond the following material points.
Ms. Martino is a 48-year-old woman who born in Haiti. Tragically, her parents and one of her brothers were killed when she was five years old. She was raised by her grandparents until she emigrated to Canada with her aunt when she was 15. She left school after Grade 11 and worked in various jobs, including at a fruit factory and a salon. At the time of the index offence, she had been unemployed and living on the streets and in shelters for approximately five years.
Ms. Martino’s first hospital admission for psychiatric care was in 2003. She reportedly had been living on the streets for a number of months. She presented as profoundly bizarre and thought-disordered. She was admitted to CAMH as an involuntary patient where she remained for six weeks. Her diagnosis on discharge was schizophrenia. Later that same year, she again was admitted. She was four months pregnant, homeless and found to be hepatitis C positive. She also provided a urine drug screen that was positive for cocaine. She again was involuntarily hospitalized.
Over the following years, Ms. Martino had several hospital admissions. She presented as paranoid, disorganized, delusional and, on occasion, required seclusion. She engaged in limited follow-up treatment in the community. Ms. Martino also had numerous assessments by psychiatrists through the Mental Health Court and was subject to Treatment Orders and “Keep Fit” Orders while before the Court.
Between 2000 and 2007, Ms. Martino incurred numerous criminal convictions, often resulting in a suspended sentence and period of probation. Offences included assault, robbery, theft and uttering forged documents. Medication non-compliance and drug use were often contributing factors.
After Ms. Martino was found NCR in 2008, she was admitted to CAMH, where she remained an inpatient until her discharge to CMHA supportive housing in August 2009. In 2012, Ms. Martino moved to an independent bachelor unit on Lower Ossington Street where she continued to be followed by a forensic outpatient team. Given her progress, in 2013, Ms. Martino was granted a conditional discharge.
Unfortunately, Ms. Martino struggled with abstaining from crack cocaine. She would experience a deterioration in her mental status with a rapid emergence of agitation and paranoia and disorganization, following such use. By the summer of 2016, she was using crack regularly with corresponding deterioration in her mental state. On June 13, 2016, the Board changed her disposition to a detention order. She was readmitted to CAMH in September 2016, following concerns about treatment non-adherence, substance use, and her deteriorating mental state.
In October 2017, Ms. Martino was discharged to high-support transitional housing. Within a week, she went missing from her residence and resumed use of cocaine and cannabis. She was readmitted and discharged back to her residence two weeks later. Over the next four years, she struggled to remain abstinent from substances, in particular cocaine. Ms. Martino had a number of readmissions to hospital resulting from relapses, noncompliance with treatment, resistance to supervision, poor stress tolerance, and associated deterioration in her mental status.
Ms. Martino’s most recent relapses occurred in May and June 2021. Ms. Martino had sustained an extended period of abstinence, since at least 2019. As occurred historically, her repeated cocaine use had a destabilizing effect on her mental state, which ultimately resulted in her need for readmission to hospital. In early June 2021, she was admitted to CAMH for two weeks for stabilization and revision of her relapse prevention plan. Ms. Martino was discharged back to her residence where she continues to reside.
Course Since the Last Disposition
Ms. Martino’s current diagnoses are Schizophrenia, Cocaine Use Disorder, Cannabis Use Disorder, Alcohol Use Disorder, and Antisocial and Borderline personality traits. She currently receives monthly injections of long-acting antipsychotic medication. In November 2025, she refused to take the usual dosage and only complied once the team agreed to reduce the amount the next month. In the result, and contrary to the recommendation of the treatment team, the dosage was reduced in December 2025.
Overall, Ms. Martino has had another relatively successful year. She has remained generally compliant with the outpatient team’s supervision and has been adherent to treatment. However, there were occasions when she canceled or rearranged appointments with the team, including appointments to receive her injection. Her insight into her mental illness, her risk of violence, and the need for medications fluctuated. She has questioned the need for antipsychotic medication and attributed her past difficulties more to her use of cocaine.
Ms. Martino has continued to be open and forthcoming with the team regarding her occasional substance use. Since the removal of the condition that she abstain from substance use, Ms. Martino’s substance use has remained the same. She reported using cannabis every couple of weeks to manage stress. Her alcohol use was once every month to three months. Critically, there have been no incidents of crack or cocaine use.
Dr. Igoumenou reported that Ms. Martino had been participating in substance relapse prevention therapy sessions with Dr. Cripps but had stopped in August 2025. Dr. Igoumenou was hopeful that Ms. Martino would resume those sessions.
Ms. Martino was employed for periods of the year. She currently expresses a desire to return to school.
Dr. Igoumenou testified before the panel and advised that she was Ms. Martino’s treating psychiatrist while Dr. Meng was on leave. Dr. Igoumenou indicated that Ms. Martino initially struggled with the transition but overall managed it well. Having said that, it was difficult to assess as Ms. Martino is not always open with the team about any stress that she experiences.
Dr. Igoumenou indicated that Ms. Martino continues to request a further reduction of her medication. The doctor has requested that Ms. Martino discuss that with Dr. Meng, who just resumed her role as Ms. Martino’s Most Responsible Physician. In Dr. Igoumenou’s opinion, the current reduced dosage is insufficient, and the doctor expects that this will become evident within the next few months.
Ms. Martino continues to be on the waitlist for permanent housing through Access Point. Once that is secured, she plans to have her brother reside with her.
When asked if Ms. Martino would be a suitable candidate for a Community Treatment Order (“CTO”), Dr. Igoumenou testified that she would need to see a change in Ms. Martino’s insight. There would have to be a period of stability and consistency with regards to Ms. Martino’s wish to be on a CTO and what that order entails. Without that, the doctor believes that Ms. Martino will change her mind, withdraw her consent and revoke the CTO.
Dr. Igoumenou testified that when Ms. Martino starts to experience a deterioration in her mental status, she cuts off contact with the treatment team and supportive services. Before recommending an absolute discharge, the team would want to see consistency in attending appointments, taking her medication, and pursuing education opportunities. Also, the team will continue to monitor the impact of the reduction in the dosage to determine whether Ms. Martino’s mental status remains stable.
The following passage from the Hospital Report summarizes the role Ms. Martino’s disposition plays in the management of her risk1:
The ongoing oversight and external controls afforded by Ms. Martino’s ORB disposition remain an integral factor in her compliance and response to supervision and treatment. Absent these interventions, Ms. Martino’s susceptibility to maladaptive coping behaviours, including disengagement from care, refusing treatment, and escalating substance use, are likely to intensify. These would significantly increase her risk of reoffending.
- At the conclusion of the evidence, all parties maintained the joint position.
Analysis and Conclusion
The panel carefully considered the Hospital Report and the evidence of Dr. Igoumenou and unanimously concluded that Ms. Martino remains a significant threat to the safety of the public. Ms. Martino suffers from schizophrenia. When unwell, her symptoms include paranoia, agitation and disorganization of thoughts and behaviour. Despite treatment with antipsychotic medication, residual paranoia and mild disorganization persist. These symptoms are exacerbated when she experiences stress and when actively using substances, in particular cocaine. Historically, that has led to her become violent towards people in her immediate vicinity, as exemplified by the index offence.
The panel accepts Dr. Igoumenou’s opinion that Ms. Martino continues to require the support and supervision of the treatment team under the auspices of the ORB disposition. Ms. Martino’s fluctuating insight and desire to decrease her medication, contrary to medical advice, need to be closely monitored.
Having found that the threshold for significant threat has been met, the panel also had to determine the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code. The panel found that the continuation of the current conditional discharge is necessary and appropriate to manage Ms. Martino’s risk to the public. Over the past few years, Ms. Martino has been able to abstain from cocaine and has limited her other substance use. Although there continues to be challenges in further developing Ms. Martino’s insight into her mental illness, need for treatment, and risk for violence, a conditional discharge has sufficed for the team to provide adequate support and supervision.
Therefore, taking into consideration the criteria set out in s. 672.54 of the Criminal Code of Canada, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, the panel finds that the necessary and appropriate disposition is a continuation of the current conditional discharge.
DATED this 2nd day of March, 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson
Office of the Registrar Ontario Review Board