Re Islas-Hernandez, 2026 CanLII 21156

Re: Pedro Islas-Hernandez

ORB File No: 7934

Hearing held on: Monday, October 27, 2025

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Mr. B. Garrow

Members: Ms. J. Ferguson Dr. R. Sheppard Dr. L. O. Lightfoot Mr. S. Duffy

Parties Appearing:

Accused: Pedro Islas-Hernandez Counsel: Ms. S. Feldman

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

Attorney General of Ontario: Counsel: Mr. R. Mushlian

REASONS FOR DISPOSITION

(Dated March 10, 2026)

Introduction

1On August 26, 2021, Pedro Islas-Hernandez was found not criminally responsible on account of mental disorder on two counts of attempted murder, contrary to the Criminal Code of Canada. He is currently subject to a Disposition of the Ontario Review Board (“ORB”), dated October 23, 2024, detaining him at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH/the hospital”), with privileges up to and including the ability to reside in the community in approved accommodations.

2On October 27, 2025, the Board convened a panel to conduct the annual review of Mr. Islas-Hernandez’s disposition, pursuant to s. 672.81(1) of the Criminal Code. Mr. Islas-Hernandez was present and represented by Ms. Feldman. He also had the assistance of a Spanish Interpreter.

3At the outset of the proceedings, all parties were canvassed as to their positions on the issues to be examined by the Board: whether Mr. Islas-Hernandez continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.

4Ms. Blumenkrans, on behalf of the hospital, submitted that Mr. Islas-Hernandez remains a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current disposition with no changes. Mr. Mushlian, on behalf of the Ministry of the Attorney General, and Ms. Feldman agreed with the hospital’s position. Ms. Feldman specifically conceded the issue of significant threat. Thus, a joint position was put before the Board.

Findings

5For the reasons that follow, the panel unanimously found that Mr. Islas-Hernandez continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order.

The Index Offences

6A summary of the circumstances of the index offences are taken from the previous Reasons for Disposition:

Victims: 1. Maria Cruz Montiel Cuella (sister-in-law) 2. Rosa Maria Montiel Cuella (spouse)

Location: The intersection of Boultebee Avenue and Jones Avenue, Toronto

Date: Sunday December 20th, 2020

Background:

The accused and the victim Rosa Maria are married and have children from this relationship. They both are Mexican citizens who reside in Mexico. They travelled to Canada in September 2019 to visit her sister the other victim Maria Cruz. Both the accused and his wife were scheduled to return to Mexico in March 2020 but were prevented from returning due to Covid restrictions. The couple had planned to return to Mexico in the next few days. In the last week the victim Rosa Maria reports her husband the accused has been experiencing bouts of paranoia and believes his wife is trying to poison him and that organized crime is after him. He has also indicated to family that he believes his wife is cheating on him. The accused's wife is unaware of any diagnosed mental illness and reports that the accused is not on any medications.

Story:

On Sunday December 20th, 2020, the accused was walking with his wife the victim Rosa Maria and her sister the other victim in the City of Toronto in the Toronto Region. The accused, his wife and her sister Maria Cruz were returning from a Shoppers Drug Mart. They were walking in the area of the North East corner of Boultebee Avenue and Jones Avenue. At this time without warning the accused produced a kitchen knife from his clothing and grabbed hold of the victim. He then stabbed his sister-in-law Maria Cruz in the throat and abdomen. The accused told the victim Maria Cruz, "This is the end of you!"

The accused's wife Rosa Maria got in between the accused and her sister in attempt to shield her. The victim Rosa Maria received several lacerations to her left arm and managed to grab the knife by its blade in her right arm. The victim managed to get the knife away from accused. The accused then grabbed a large piece of jagged concrete rock that was lying near the sidewalk and started to smash it against his own head repeatedly. The accused's wife pleaded with him to stop. The accused then grabbed the large piece of concrete and ran after both victims who had fled west bound across the street. The accused caught up to the sister-in-law and through her to the ground. He then caught up to his wife Rosa Maria and struck her in the face with the concrete rock. The accused then grabbed the knife back from his wife. Several callers and witnesses had gathered due to the incident. One witness was able to disarm the accused and take away the knife. The witness was able to keep the accused at bay until Police arrived.

Background Information

7Mr. Islas-Hernandez is a 57-year-old man who was born and raised in a small village in Mexico. He is a Mexican citizen. He was self-employed in the construction industry. He and his wife have two adult children who currently live in Mexico.

8In September 2019, Mr. Islas-Hernandez and his wife travelled to Canada to visit her sister, one of the victims of the index offences. In March 2020, there were border closures resulting from the pandemic and, as a consequence, their stay in Canada was extended. Mr. Islas-Hernandez was able to work with family members doing construction work.

9Following his arrest for the index offences, Mr. Islas-Hernandez was taken to St. Michael’s Hospital. Although police reported that he was nonsensical and slurring his words, a urine toxicology screen did not detect alcohol or substances of abuse. According to the Hospital Report he “endorsed symptoms of post-traumatic stress disorder (PTSD) that were persistent and recently reactivated. He also endorsed chronic history of low mood, with worsening depression in the prior two months. He had reported striking himself in the head to rid himself of the voices. Additionally, he reported fear that others were trying to harm him, with the mafia, FBI and CIA involved. He was also paranoid that his wife was having an extra-marital affair.”

10On August 31, 2021, Mr. Islas-Hernandez was transferred from the Toronto South Detention Centre and admitted to a secure forensic unit at CAMH. He remained on that unit until his transfer to a general forensic unit in June 2022, where he continues to reside.

Course Since the Last Disposition

11Mr. Islas-Hernandez’s current diagnosis is Major Depressive Disorder with Psychotic Features. He has remained compliant with all treatment, including medications. Since his admission to CAMH, there has been no evidence of symptoms of psychosis, and all of his urine drug screens have been negative.

12Mr. Islas-Hernandez has been active in programming and has continued to volunteer at the Trinity Church Café twice a week. He maintains regular contact with his wife and children, who are in Mexico.

13Unfortunately, although Mr. Islas-Hernandez has been considered ready for discharge, his immigration status in Canada has continued to pose as a barrier to his transition to the community. He is represented by an immigration lawyer, but his immigration status has not been determined and that status affects his eligibility for funding assistance for medical treatment, housing or programming in the community.

The Evidence

14The evidence at the hearing consisted of the Hospital Report, dated October 27, 2025, and the viva voce evidence of Dr. Woodside, Mr. Islas-Hernandez’s treating psychiatrist.

15Dr. Woodside testified that Mr. Hernandez had an excellent year, that Mr. Islas-Hernandez has been compliant with all treatment, has remained symptom free, has been active in upgrading his English language skills by taking an ESL course. Mr. Islas-Hernandez continues to volunteer at Trinity café and remains active in community activities including attending church. He is at a level 8 pass level. He maintains regular contact with his family, almost all of which is in Mexico, via telephone and tablet, which contact has been appropriate as far as the hospital is aware. He also visited with his son when his son was in Canada this year. Mr. Islas-Hernandez has contact with his wife and daughter who live full time in Mexico and his son who is sometimes in Canada, and they are a significant support for him. Dr. Woodside testified that at a distance his family members remain a support, but it remains to be seen whether this would hold true if they were in same city, especially if his wife came to Canada and they lived together. The hospital team is aware that his wife was a victim of the index offence. A psychopathy checklist conducted in 2021 noted that the index offence was a single event and not an ongoing issue and that there was not a lifetime of violence against his wife. In the current disposition there is prohibition against in person contact with his spouse. Dr. Woodside testified that his wife hasn’t visited Canada since returning to Mexico so there is no opportunity for in person contact and that, in any event, the treatment team would want to meet and interview Mr. Islas-Hernandez’s wife prior to any in person contact and therefore Dr. Woodside was of the opinion that it remains appropriate to be in place. The treatment team would assess this issue in future and call for early hearing if necessary.

16Dr. Woodside testified that as far as he is aware, Mr. Islas-Hernandez does not have a criminal record in Mexico or Canada prior to the index offences.

17Dr. Woodside testified that there has been no evidence of substance use in past year. He is and has been ready for discharge for some time but for some barriers to discharge we would have discharged him into community. Some of those barriers are related to his immigration status and the different sources of funding associated with different immigration statuses. His immigration counsel is working for him with these barriers in mind. Dr. Woodside testified that these barriers are not related to his mental status and that Mr. Islas-Hernandez has been stable for some time and could be managed in the community if adequate supports were available to him including access to health care and the financial means to support himself in the community. Dr. Woodside also testified that his immigration lawyer is considering changing his application to that of a humanitarian claim as opposed to a refugee claim and that this may take longer to achieve a result, and that, in all likelihood this would not happen in the next reporting year.

18Dr. Woodside testified that Mr. Islas-Hernandez is not ready for a conditional discharge at this time, but the hospital is seeking a detention order with the ability for him to be placed in appropriate community housing with the approval of the person in charge. Mr. Islas-Hernandez’s applications for community housing will be made to housing providers which accept refugee claimants including Sojourn House. Dr. Woodside added that the hospital would want certainty around Mr. Islas-Hernadez’s immigration status and funding status before discharge into the community so that problems with these wouldn’t impact him and cause stressors which could lead to decompensation and a recurrence of the symptoms of his mental illness. Dr. Woodside noted that as long as he has an active federal refugee claim he has access to funding. If changed to another status, he may not have access to medical funding.

19Dr. Woodside reported that if Mr. Islas-Hernandez’s application for refugee status is accepted, he will become eligible for financial assistance. If his immigration status is other than that of a refugee claimant, other constraints and options must be considered before he can be discharged into the community. In the doctor’s opinion, Mr. Islas-Hernandez requires that financial assistance in order to be safely transitioned to the community. He requires supervised accommodation where staff can monitor his medication compliance, his mental status and any signs of intoxication.

20Dr. Woodside also testified that Mr. Islas-Hernandez is likely capable of independent as opposed to supportive housing but that he has not yet completed occupational therapy which would be beneficial in order for him to obtain employment in the community and live independently. The hospital has requested an occupational therapist assessment which is being planned for Mr. Islas-Hernandez. In addition, his uncertain immigration status is preventing Mr. Islas-Hernandez from finding work. Dr. Woodside confirmed that placement in independent housing would also broaden the options in terms of finding suitable housing for Mr. Islas-Hernandez. However, Dr. Woodside indicated that it is difficult to say with any certainty whether Mr. Islas-Hernandez would do well in independent living as he does not have all of the skills necessary, including the ability to prepare meals for himself and there are some concerns that if in an independent living situation, he may return to substance use.

21Dr. Woodside was of the opinion that Mr. Islas-Hernandez needs some level of supervision available to him, though not 24/7 supervision, but the hospital would want staff and the outpatient team visiting routinely and having contact with him.

22Dr. Woodside testified that Mr. Islas-Hernandez is being monitored for substance use and that there is some concern about his returning to the use of alcohol if he is not closely monitored and supported. Mr. Islas-Hernandez self-reports having had problems with alcohol when he was in his 30’s, but not now and that his wife denies that he has problems with alcohol but she typically under reports what Mr. Islas-Hernandez self-reports. However, it is unclear as to the time frame his wife is referring to. Dr. Woodside confirmed that alcohol was not a factor in the index offence but that he has a history of alcohol use that was problematic, and it is unknown whether if living independently with a lack of family support he would use alcohol.

23Dr. Woodside also testified that with respect to the issue of significant threat that the onset of his symptoms at the time of the index offence occurred very quickly and resulted in fairly severe injuries to his wife and sister-in-law and that this is concerning in terms of a future onset of his illness, which could occur very quickly in the face of stressors such as those he encountered at the time of the index offences and it is unknown what that would look like in a less structured setting and whether this would be an unmanageable risk if Mr. Islas-Hernandez decides not to take medication or to have a few drinks.

24The following is a risk assessment outlined in the Hospital Report:

In risk assessment, one of the best predictors of future violence is a patient’s history of violence. If Mr. Islas-Hernandez were to reoffend, it would likely be in the context of treatment and medication non-compliance, coupled with stress and poor coping from unstable or minimal social supports within Canada and increased substance use (alcohol). Alternatively, stressors surrounding his intimate relationships with his wife, past possible infidelity, and its impact on his family, as well as possible increase in substance use (alcohol), may also lead to an increased risk of relapse that would then lead to non-compliance with medications and treatment. Though his symptoms remain well-controlled with medication, the index offence occurred in the context of a sudden onset of a new major mental illness. As such, the course of the illness as well as the pattern of relapse is not yet known in this case. The likelihood however is that decompensation would occur rapidly and a depressive episode with psychotic features would emerge, similar to his mental state at the time of the index offence, without close monitoring.

25Dr. Woodside testified that a move to the community could potentially be destabilizing and stressful. Should Mr. Islas-Hernandez become unwell, the most likely target of his aggression would be his family members. Although his wife and children are currently in Mexico, should Mr. Islas-Hernandez’s wife ultimately move to join Mr. Islas-Hernandez, the team would want to ensure that his risk of violence was well managed.

26Dr. Woodside indicated that the treatment team continues to explore housing options but that which option is ultimately chosen will depend largely on Mr. Islas-Hernandez’s immigration status.

Analysis and Conclusion

27The panel carefully considered the Hospital Report and the evidence of Dr. Woodside and finds that Mr. Islas-Hernandez continues to represent a significant threat to the safety of the public. Mr. Islas-Hernandez’s risk stems from his diagnosis of major depressive disorder, with psychotic features. When untreated and under stress, Mr. Islas-Hernandez experienced a sudden onset of paranoia, depression, and disorganized thoughts. He exhibited aggression towards members of his immediate family. The index offences were serious, and the use of a weapon could have resulted in a much worse outcome.

28Since his admission to hospital, Mr. Islas-Hernandez has remained compliant with treatment. There have been no incidents of aggression. However, that has been in a highly structured and supportive environment with minimal amounts of stress. He has yet to reside in the community and the treatment team will need to monitor how he manages the transition, which can be quite destabilizing and stressful.

29Having found that Mr. Islas-Hernandez continues to represent a significant threat to the safety of the public the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.

30The panel unanimously agrees with the joint submission and finds that the necessary and appropriate disposition is a continuation of the current detention order with privileges including community living. Mr. Islas-Hernandez has done well while at CAMH and has been ready for discharge into the community for some time. His formal application for refugee status is soon to be submitted which will allow him to become eligible for the financial assistance required to support his move into the community. Once in the community, he will require close supervision to monitor the course of his illness and whether there are any changes in his mental status.

31Accordingly, the panel orders that Mr. Islas-Hernandez be subject to the continuation of the existing detention order unchanged. In arriving at this conclusion, the panel has considered the paramount factor of the safety of the public, Mr. Islas-Hernandez’s community integration, his mental condition and his other needs, as required by s. 672.5 of the Criminal Code.