Re: McElman Elman
ORB File No: 7758
Hearing held on: Friday, October 31, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(2) of the Criminal Code
Before:
Alternate Chairperson: Mr. B. Garrow
Members: Dr. R. Sheppard
Dr. L. O. Lightfoot
Ms. J. Ferguson
Mr. S. Duffy
Parties Appearing:
Accused: McElman Elman
Counsel: Ms. Y. Harish
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. R. Mushlian
REASONS FOR DISPOSITION
(Dated March 11, 2026)
Introduction
On July 24, 2020, McElman Elman was found not criminally responsible on account of mental disorder on charges of breach of recognizance (x2), and criminal harassment (x2), all contrary to the Criminal Code, (the “Code”).
As of the date of the hearing, Mr. Elman was subject to a Disposition dated May 7, 2025, which provided for a conditional discharge. On September 25, 2025, Mr. Elman was admitted to hospital involuntarily pursuant to a Form 4 under the Mental Health Act detaining him at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH” / “hospital”), which was due to expire on November 4, 2025.
On October 31, 2025, the Board convened an early hearing, pursuant to s. 672.81(2) to conduct the annual review of the current disposition.
Mr. D. Blumenkrans acted on behalf of the hospital; Mr. R. Mushlian represented the Attorney General, and Ms. Y. Harish was counsel for Mr. Elman who was present at the hearing.
The issue before the Board is whether Mr. Elman continues to pose a significant threat to the safety of the public, and if so, what is the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672. 54 of the Code.
Initial Positions
- The hospital submitted that the disposition discharging Mr. Elman should be rescinded and replaced with a detention order given that it is their position that it is necessary for Mr. Elman to remain on a detention order in hospital in order for his mental health to return to his baseline. Once that has been achieved, Mr. Elman could be discharged back into the community in supervised accommodation with the approval of the person in charge with a reporting period of not less than once every two weeks. Mr. Mushlian on behalf of the Attorney General and Mr. Elman’s counsel Ms. Harish, joined the hospital and agreed with the terms being proposed and conceded the issue of significant threat. Therefore, a joint position was put before the Board.
Evidentiary Record
- Dr. Pearce authored the Hospital Report dated March 20, 2025, marked as Exhibit 1, and the Addendum to the Hospital Report dated October 20, 2025, which was marked as Exhibit 2. Dr. Pearce also gave viva voce evidence at the hearing on behalf of the hospital. No further evidence was tendered at the hearing.
Background
Mr. Elman’s personal and psychiatric history, including the details of his mental disorder and treatment since being found NCR, are described in detail in the Hospital Report. Briefly, Mr. Elman is 34 years of age, single and has no dependants. Mr. Elman reports using cannabis on a daily basis since the age of 14.
Mr. Elman’s current diagnoses are schizoaffective disorder, bipolar type and cannabis use disorder. He is capable of consenting to treatment. He is supported by ODSP and living in approved housing in the community.
The Hospital Report states that Mr. Elman had no criminal record predating the index offences which occurred between May and November 2018. However, he self-reports having previously engaged in shoplifting while acting on impulse.
The following details of the circumstances surrounding the index offences, the victim being a former employee of CAMH, are excerpted from the Hospital Report:
“The victim in this matter is quite fearful of the accused. She has never had a personal, professional, nor a medical relationship with the accused. This harassment has been ongoing off and on since August 10th, 2015. The victim swore to a private information in which the accused entered into an 810 Peace Bond that commenced on October 26th, 2017, and is scheduled to end on October 26th, 2018. The main condition is quite clear "Have no contact or communication, directly or indirectly with Alanna Bridgman".
“The victim is extremely concerned for her personal safety! On Sunday May 20th, 2018, at approximately 11:26 PM, the accused messaged the victim's sister and stated "I really love your sister Alanna". The sister then contacted the victim to advise her of the contact. (Charge #1 & #2)
“On Wednesday August 1st, 2018, at approximately 1:08 AM, the accused messaged the victim's mother and stated in part, "I am the number 1 admirer of your daughter, Alanna Christina". The mother then advised her daughter of the contact. (Charge #3 & #4)”
Following the NCR finding, Mr. Elman was followed by Dr. Pearce in the Forensic Outpatient Service. He was admitted to hospital in March 2021 following his use of cannabis, and remained until the beginning of June that year. He was readmitted to hospital for cannabis use and failing to report to hospital at the end of June, where he remained until January 2022. While in hospital, Mr. Elman shared that using cannabis increased the frequency and intensity of auditory hallucinations and fantasies involving the victim of the index offence. Moreover, Mr. Elman continued to have problems appreciating how cannabis use increased his risk of reoffence, and he tended to minimize its negative effects.
As noted in the Hospital Report, Mr. Elman was discharged back to his shared Ecuhome residence in January 2022. He remained in the community in his apartment until he attended at CAMH on the evening of December 21, 2023, following the death of his roommate, who Mr. McElman described as a friend with whom he was very close, smoking marijuana together and sharing their aspirations. When he attended at the hospital, Mr. McElman presented as distraught and sought admission. He was admitted and transferred to the general psychiatry unit. He remained in hospital at the time of his 2024 ORB hearing and reported that he could not return to his housing as he continued to smell his roommate’s decomposing body. In hospital, the treatment team found that Mr. McElman was quite psychotic and had been only partially compliant with his medication while in the community.
Pursuant to the ORB hearing held April 20, 2025, on May 7, 2025, Mr. Elman received a conditional discharge and remained living in his shared accommodation at Ecuhome.
Unfortunately, Mr. Elman suffered another loss in September 2025 when his music mentor passed away. The stress he experienced as a result of his grief, despite his remaining medication compliant, led to a serious decompensation as described in the Addendum to the Hospital Report and by Dr. Pearce in his viva voce evidence.
Evidence at the Hearing
The evidence at the hearing consisted of the Hospital Report dated March 20, 2025, the Addendum to the Hospital Report dated October 20, 2025, both authored by Dr. Pearce, and the viva voce evidence of Dr. Pearce who is Mr. Elman’s treating psychiatrist.
The Addendum to the Hospital Report set out the following chain of events:
“In September 2025, Mr. Elman’s mentor and music teacher passed away. Mr. Elman was distraught about that, but initially, seemed to be coping adequately. He attended at the FOPS for an outing on September 18, 2025, and he seemed close to his baseline but it was apparent he was thinking about his mentor. He ultimately did not attend the outing, as he said he had to return home to have a bowel movement. That same day, he emailed Dr. Pearce and mentioned BitCoin, which was somewhat unusual.
“On September 21, 2025, Mr. Elman was brought to the CAMH ER by police after he was found walking around naked; several neighbours had called to complain. When officers spoke to him, he seemed confused, reported hearing voices, and was paranoid. It turned out that he had left the stove on at his residence as well and it is also documented that an “air pistol” was seized by police at his home.
“In hospital, Mr. Elman was placed on a Form 1 as he continued to present as quite psychotic; he was laughing inappropriately and was disorganized and delusional. He was maintained in the ER until he was admitted to CCC4 on September 24, 2025. The inpatient team assumed he had consumed an illicit substance of some sort, but the FOPS team advised that he was susceptible to deteriorating from stressors alone. In fact, his urine toxicology screen was negative and did not even reveal cannabis.
"In the afternoon of September 24, 2025, on the CCC4, Mr. Elman became acutely agitated. He threatened to “crush skulls,” would not stop singing, and he shadow-boxed. He began staring at a peer and ultimately, a Code White was called. As per Dr. Tasca, who witnessed the event:
Mr. Elman was secluded. On September 26, 2025, he was transferred to the SOTU, for longer term management and treatment and to manage his risk to others. On SOTU, he “spoke with pride” about the assaults, as he thought the peer and staff were involved in a “conspiracy to overthrow CAMH and Canada.” He was maintained as an involuntary patient but chose to appeal his Form 3 to the CCB. A CCB was held on October 2, 2025, and his detention was upheld. He was subsequently placed on a Form 4.
“On the SOTU, Mr. Elman required placement in seclusion for several days in a row. He said he was “entitled” to use violence, if needed. To his credit, he agreed to resume treatment with valproic acid. He began to show some signs of improvement, though he remained labile, delusional, and disorganized. He made sexualized comments to staff on October 9, 2025, and seclusion was discontinued on October 10th. Mac charged the other patient and slapped him repeatedly about the face and head. Nursing staff intervened to separate them. I then witnessed Mac punch his nurse roughly 5 times around his head and torso while the nurse attempted to pull Mac away from the other patient. with other staff they were able to pin Mac to the ground while the code was called. When security arrived, the patient was placed in mechanical restraints. I ordered loxapine 50mg IM and lorazepam 2mg IM. On speaking to the patient, he states he is being hunted by a group of people. He wanted CAMH to call the police since he felt unsafe. He claims the other patient in the PICU, whom he slapped, was "one of them." He then apologized for striking his nurse.
“Mr. Elman was seen by Dr. Pearce on October 16th. He remained disorganized and delusional. He reported having “multiple wives.” He admitted to ongoing thoughts of the victim of the index offences. He said it was his right to contest the Form 4; a CCB hearing has been scheduled for October 21, 2025. He hoped to return to his prior housing, but said he would continue with his medication.
“Team Recommendation
“Given that Mr. Elman was recently very assaultive and in seclusion, a detention order is required to manage his risk to the public. He is not suitable for discharge and he continues to contest his involuntary hospitalization under the Mental Health Act. Moreover, he requires a prolonged hospitalization to ensure he is prescribed medication that will treat his condition, including in the face of stressors. His housing needs to be re-evaluated, as noted. Thus, it is recommended that he be placed back on a detention order, with the ability to live in the community in supervised accommodation (term 2(g) from the February 28, 2024, disposition). Other terms, as set out in that 2024 disposition, should be included as well.”
Dr. Pearce provided evidence updating the Board with respect to events which have occurred since the last report. With respect to Mr. Elman’s mental state, Dr. Pearce’s clinical opinion was that Mr. Elman has been making improvements but still suffers from some residual psychotic symptoms.
Dr. Pearce testified that Mr. Elman was before the Consent and Capacity Board on October 21, 2025, and that his Form 4 was upheld. Dr. Pearce advised that Mr. Elman would like to return to his housing in the community as soon as possible but that, since re-admission, he has not returned to his baseline. Mr. Elman is currently on a combination of oral and injectable medication, which is what he was on while living in the community with poor compliance. The treatment team is now finding that the medication regime is working, perhaps because the injectable medication has been increased.
Dr. Pearce testified that the treatment team would like to get Mr. Elman back into the community but that it will take a number of weeks to get him ready and that the Mental Health Act is insufficient to keep him in hospital.
Dr. Pearce also testified that the treatment team is rethinking the nature of Mr. Elman’s accommodation in the community and questioning whether or not it provides sufficient supports and that there may be housing that better suits his needs. Dr. Pearce added that Mr. Elman needs help in structing his day and that, while he has done this well at times, such as when he’s worked and gone to school while under the auspices of the ORB, he has also gone to bed late, used marijuana and struggled with providing structure to his day. Mr. Elman requires housing that can assist him with medication compliance and structuring his time.
With respect to the events of September 2025, Dr. Pearce testified that it was the stress resulting from the death of his mentor that led to a deterioration in his mental state, not non- compliance and that even when Mr. Elman was smoking cannabis every week there were no problems. Dr. Pearce was not aware of any medical reason for the decompensation with the exception that Mr. Elman had given up cigarettes and that may have been a factor. New housing for Mr. Elman needs to provide support for such stressors. In addition, Mr. Elman was lonely in his most recent housing but doesn’t want to burden the treatment team by telling them. As a result, the treatment team is of the view that having eyes on Mr. Elman in his future housing would be helpful. With respect to discharge planning, Dr. Pearce re-iterated that the treatment team wants Mr. Elman in the community where he has functioned well previously.
Dr. Pearce testified that Mr. Elman remains capable of making treatment decisions and therefore cannot be kept in hospital pursuant to the provisions of the Mental Health Act. Over the course of the last year, although he has missed some outings and been late for some meetings, he has not missed anything of importance and has always communicated when he was going to be late or absent. Dr. Pearce added that, when Mr. Elman lost his mentor, the treatment team should have provided greater support and in fact forced these supports on Mr. Elman despite his assurances that he was OK and that he deteriorated as a result of this loss.
Dr. Pearce testified that at present, Mr. Elman doesn’t recognize all his symptoms as symptoms but understands well enough to be considered capable. Dr. Pearce noted that Mr. Elman is cooperative with taking his medication and that he wants help.
Dr. Pearce testified that at the CCB hearing on Oct. 21, 2025, Mr. Elman contested both the Form 3 and the Form 4 but that they were upheld.
Dr. Pearce testified that with respect to the events of September 21 & 24 2025 that, although he did not witness those events, they were precipitated by an exchange of words which resulted in assaultive behaviour by Mr. Elman.
Submissions
- The parties maintained their initial positions that a detention order with conditions was the least onerous, most appropriate disposition available that would mitigate Mr. Elman’s risk to the public while taking into consideration his individual needs.
Finding
- For the reasons that follow, the Board finds that Mr. Elman continues to pose a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order on the terms recommended by the hospital and agreed to by the other parties. This disposition should be a continuation of the detention order with the same terms and conditions as set out in the February 28, 2024, Disposition.
Analysis and Conclusion
Having considered all of the evidence and the joint submission of the parties, the Board agrees with the parties’ position on significant threat and finds, independently, that Mr. Elman remains a significant threat to the safety of the public for the following reasons. Further given the recent deterioration in Mr. Elman’s mental health as evidenced in the hospital report and confirmed by Dr. Pearce, we hereby order that the disposition discharging Mr. Elman on conditions is hereby rescinded. In the circumstances he shall be detained in hospital subject to the conditions and the discretionary privileges recommended by the hospital in the current report.
Mr. Elman has been diagnosed as having schizoaffective disorder, bipolar type. Schizoaffective disorder is a major mental disorder that is characterized by both symptoms of psychosis (hallucinations and delusions) and mood symptoms (depression or mania). Schizoaffective disorder typically follows a lifelong episodic course and is associated with high rates of relapse. Mr. Elman has bipolar type, which is characterized by episodic periods of expansive or irritable mood, grandiosity, decreased need for sleep, increased talkativeness, racing thoughts, being distractable, increase in activity or agitation, and engaging in activities with negative consequences (such as excessive spending). Psychotic symptoms, such as hallucinations and delusions, are usually episodic, but in some cases follow an unremitting course. Positive symptoms of his illness are evident on occasion.
The Board is also cognizant of the rapid decompensation experienced by Mr. Elman when faced with significant stressors as have occurred in the past two reporting years as a result of the deaths of his roommate in 2024 and, more recently, the death of his music mentor in 2025. The grief experienced by Mr. Elman as the result of these tragic losses independently led to rapid and serious decompensation and the re-emergence of psychosis which led to violent and other serious concerning behaviours which put both Mr. Elman and the public at risk.
The Board also takes note of the findings of the treatment team as recently as October 2025 as set out in the Addendum to the Hospital Report as follows:
“On the SOTU, Mr. Elman required placement in seclusion for several days in a row. He said he was “entitled” to use violence, if needed. To his credit, he agreed to resume treatment with valproic acid. He began to show some signs of improvement, though he remained labile, delusional, and disorganized. He made sexualized comments to staff on October 9, 2025, and seclusion was discontinued on October 10th.
“Mr. Elman was seen by Dr. Pearce on October 16th. He remained disorganized and delusional. He reported having “multiple wives.” He admitted to ongoing thoughts of the victim of the index offences. He said it was his right to contest the Form 4; a CCB hearing has been scheduled for October 21, 2025. He hoped to return to his prior housing, but said he would continue with his medication. Mr. Elman looked his stated age. He was seen in his room, as he refused to attend the interview room. His hygiene was marginal. His speech was somewhat rapid. His thought form was disorganized and tangential. His mood was “okay” and his affect was anxious. He denied any active suicidal or violent ideation. When asked about assaulting others the month prior, he replied, “It was a false alarm.” He endorsed various delusional beliefs. His insight was fairly limited.”
- In coming to its conclusions, the Board has considered its responsibility pursuant to s. 672.54 of the Code to make a disposition that is necessary and appropriate in the circumstances, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society, and his other needs.
DATED this 11^th^ day of March, 2026, at the City of Toronto, in the Toronto Region.
Ms. J. Ferguson
Legal Member
__________________
Office of the Registrar
Ontario Review Board