Re Chieu Lac Tang, 2026 CanLII 23889

Re: Chieu Lac Tang

ORB File No: 7605

Hearing held on: Monday, March 2, 2026

Place of hearing: Centre for Addiction and Mental Health

Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. R. Sheppard

Dr. G. Nexhipi

Ms. C. Murray (via Zoom)

Mr. W. Apted

Parties Appearing:

Accused: Chieu Lac Tang

Counsel: Mr. A. Rai

The person in charge of hospital: Counsel: Ms. M. Warner

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DISPOSITION

(Dated March 16, 2026)

1. On September 20, 2019, Mr. Chieu Lac Tang was found unfit to stand trial on charges of possession of a weapon for a dangerous purpose, and assault with a weapon (x2).

2. On Monday, March 2, 2026, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health (“CAMH”) and conducted the annual review of Mr. Tang’s Disposition.

3. The Board noted that Mr. Tang was not present.

4. Mr. Rai appeared for Mr. Tang. Mr. Rai advised that his client finds these hearings to be extremely stressful and prefers not to be present at the hearing. Mr. Rai advised that last year Mr. Tang did attend but requested to leave the hearing after a short period. Counsel for the hospital and counsel for the Attorney General were content to proceed in the absence of Mr. Tang. The Board exercised its discretion pursuant to s. 672.5(10)(a) and allowed Mr. Tang to be absent for this hearing.

Position of the Parties

5. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

6. Ms. Warner appeared for CAMH. She advised of the hospital position that Mr. Tang remains unfit to stand trial and the hospital requests a continuation of the current Disposition, namely, a Detention Order directed to the General Forensic Unit at CAMH with a number of prohibitions and privileges including a privilege to live in the community in approved accommodation.

7. Mr. Feindel appeared for the Attorney General. He agreed with the hospital’s recommendation.

8. As noted, Mr. Rai appeared for Mr. Tang. Mr. Rai advised that he and his client also agree with the hospital’s recommendation.

Outstanding Charges

9. The circumstances of the index offence are described in the Hospital Report and are summarized as follows:

“On July 19, 2019, the accused attended the CIBC bank branch located at 247 Spadina Ave. in Toronto. Mr. Tang walked into the branch behind another customer and became angry when the staff acknowledged that customer first. Mr. Tang suddenly brandished a large serrated kitchen knife and began pointing first at the customer service representative who was closest to him (victim #1) and then at the manager who had come over to help (victim #2). Mr. Tang walked toward the manager causing him to walk backwards and retreat behind the counter where he called the police.

Officers arrived and were alerted to Mr. Tang by the victims. After a brief chase Mr. Tang was placed under arrest and read his rights to counsel. Mr. Tang was then transported to 52 Division where he was held for a show cause hearing. Neither victim sustained injuries as a result of the assault.”

Evidence at Hearing

10. In addition to the documentary evidence the Board heard from Dr. Woodside. Dr. Woodside continues to be Mr. Tang’s most responsible physician. Dr. Woodside advised that Mr. Tang continues to be detained in a General Forensic Unit. Dr. Woodside noted that his patient agreed to be treated with clozapine. The doctor noted that the treatment was somewhat complicated but nevertheless Mr. Tang has continued with treatment and is currently being treated with 500 mg of clozapine daily. He reached that level in October 2025. Unfortunately, Dr. Woodside noted that the clozapine has not resulted in a significant improvement.

11. Dr. Woodside remains of the opinion that Mr. Tang is unfit to stand trial. On occasion Mr. Tang can name the outstanding charges but is unable to discuss the consequences of the trial. Whenever Dr. Woodside attempts to discuss fitness issues, Mr. Tang continues to say, “I don’t know but I just want to go live in government housing in the community.”

12. Dr. Woodside advised that he does not use an interpreter when conducting a fitness assessment. Mr. Tang seems to respond somewhat better when a particular interpreter is used by the hospital.

13. We note the following from the Hospital Report:

“Staff did feel he was slightly more willing to engage and attend programming but overall, his response was not robust. He continued to struggle with questions relating to fitness to stand trial.”

14. Dr. Woodside last assessed Mr. Tang for fitness this past January 28.

15. Dr. Woodside noted that Mr. Tang has continued on a General Forensic Unit and has reached privilege Level 4 which permits Mr. Tang to go into the community accompanied by staff.

16. Dr. Woodside noted that “it takes a great deal of cajoling” to get Mr. Tang to use such privileges. On occasion he will go into the community and attend at a Vietnamese restaurant. As well, Mr. Tang has attended at the Hong Fook building and had limited participation in their programs. Most frequently, on those occasions, he would leave Hong Fook and go to Kensington market.

17. Dr. Woodside noted that he had a consultation about the possible use of ECT. Dr. Woodside was told that the independent assessment was not particularly supportive of treatment with ECT. That assessment concluded that ECT would most likely not be beneficial.

18. Dr. Woodside noted that Mr. Tang frequently says he wants to move into the community into government housing.

19. Dr. Woodside noted that usually a patient would have to reach privilege Level 8 before consideration would be given to a move into the community. Dr. Woodside stated with respect to Mr. Tang’s situation, he would not insist on Mr. Tang reaching privilege Level 8 before consideration would be given to a community residence.

20. In response to questions from Mr. Feindel, Dr. Woodside acknowledged that Mr. Tang has a sister in this community. Mr. Tang, however, will not give consent to the hospital to contact his sister. Mr. Tang says that his sister is “too busy.”

21. In response to questions from Mr. Rai, Dr. Woodside noted that Mr. Tang has not acted out inappropriately since his transfer to a General Forensic Unit. There have been no acts of violence and no necessity for seclusions.

22. In response to questions from a panel member, Dr. Woodside advised that he was not prepared to find that his patient is permanently unfit.

23. No other evidence was heard at this hearing.

Findings of the Board

24. At the conclusion of the evidence, the parties were again canvassed as to their positions. In fact, the parties were making a joint recommendation. The parties agreed that at the present time Mr. Tang is unfit to stand trial. He is not permanently unfit. No party to this hearing was seeking the panel to make a recommendation to the Court for a stay of these proceedings. The parties agreed that the necessary and appropriate Disposition is continuation of a Detention Order on the exact terms set out in last year’s Disposition.

25. The panel accepts the evidence of Dr. Woodside and the evidence contained in the Hospital Report. In particular, we accept the evidence that Mr. Tang remains unfit to stand trial. We are aware of the Court finding of unfitness and accordingly there is no presumption of fitness given the Court finding.

26. We are aware that on occasion Mr. Tang can respond appropriately to one or two of the fitness questions. We accept, however, that Mr. Tang can not meaningfully participate in a trial nor could he meaningfully instruct counsel at a trial. Accordingly, we find Mr. Tang unfit to stand trial.

27. We also accept the evidence that there is no basis on which to make a recommendation to the Court for a stay of the charges.

28. We accept that a Detention Order on a General Forensic Unit with the privileges set out in last year’s Disposition remains the necessary and appropriate Disposition.

29. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Tang’s mental condition and his other needs, and Mr. Tang’s reintegration into society.

DATED this 16^th^ day of March, 2026, at the City of Toronto, in the Toronto Region.

Mr. J. Goldenberg

Alternate Chairperson

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Office of the Registrar

Ontario Review Board