Re: Chantha Sar
ORB File No: 5273
Hearing held on: January 28, 2026
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th^ Campus
Pursuant to: Section 672.81 of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Clapp
Members: Dr. H. Bloom Dr. A. Kerry Honourable A. Sosna Mr. A. Mete
Parties Appearing:
Accused: Chantha Sar Counsel: Mr. T.R. McIver
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Mr. I. Shaikh
REASONS FOR DISPOSITION
(Dated: March 17, 2026)
Introduction:
Mr. Sar was found not criminally responsible on October 7, 2009, on account of a mental disorder (“NCR”) on a charge of forceable entry, contrary to the Criminal Code.
He is currently subject to a Disposition of the Ontario Review Board (ORB) dated February 3, 2025, detaining him at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton (St. Joseph’s) subject to a number of terms, conditions and privileges including the privilege of living in the community in accommodation approved by the person in charge of St. Joseph’s, and when living in the community, report to the person in charge of St. Joseph’s , or his or her designate, not less than two times per month.
A panel of the ORB convened on January 28, 2026, at St. Joseph’s for the annual review of Mr. Sar’s Disposition pursuant to s. 672.81 of the Criminal Code. Mr. Sar attended the hearing and was represented by counsel Mr. McIver. Mr. Sar’s mother and brother were also in attendance.
The Hospital Report dated January 8, 2026 was marked as Exhibit 1. In addition to the documentary evidence, Dr. Khashayar Shariati, Mr. Sar’s attending psychiatrist gave evidence. Mr. Sar testified on his own behalf.
The issues to be decided at the hearing were whether Mr. Sar continued to represent a significant threat to the safety of the public as set out in s. 672.5401of the Criminal Code, and, if so, what was the necessary and appropriate disposition to mange the risk.
Position of the parties:
At the outset of the hearing, the parties were asked for their initial without prejudice positions. Counsel for the hospital took the position that Mr. Sar remained a significant threat to the safety of the public and that the February 3, 2025 Detention Order continue with one term changed to be detailed later.
Counsel for the Attorney General supported the position of the hospital Crown.
Counsel for Mr. Sar stated that Mr. Sar was seeking an Absolute Discharge.
Findings:
- For the Reasons that follow, the panel found that Mr. Sar continued to represent a significant threat to the safety of the public. Accordingly, the necessary and appropriate Disposition in the circumstances is the continuation of the existing Detention Order with a change in the reporting requirement to not less than four times per month.
Index Offence:
- On May 25, 2010, around noon, Mr. Sar entered the backyard of a neighbour’s home in St. Catherines. He cut the screen door in the rear of the townhouse and unlocked the door. He entered the town house and walked upstairs. After being observed on the stairs by two young female occupants, Mr. Sar walked down the stairs and exited the unit via the front door.
The female occupants observed Mr. Sar standing and watching them from an adjacent backyard, and then enter a unit on the property. The police were called and attended the unit Mr. Sar had entered. He was discovered in the unit and placed under arrest.
Background:
Mr. Sar is 43 years old. He is single and has no dependants. He was born in Cambodia. When he was four years old his parents escaped to Thailand with him and his younger brother. They remained there as refugees for several years before emigrating to Canada.
Mr. Sar has a limited education history leaving school in grade 11. He also has a limited employment history having worked at a greenhouse, and pizza shop. He has not worked since his first admission to St. Joseph’s in 2009. He has continually lived with his mother and family except when under mental health detention.
Mr. Sar has used alcohol and cannabis regularly. He started to drink alcohol when he was 17 years old. Between the ages of 19 to 22, he reported he drank one 40-ounce bottle of vodka per week. He began to use cannabis when he was 12 years old. His heaviest use was between the ages of 17 to 25 when he estimated he used a gram per day.
Mr. Sar has a serious albeit dated criminal record. In 2003, he was convicted of sexual assault, theft, and breach of probation. In 2004 and 2005, he was convicted of three counts of breach of probation. In 2007 he was convicted of obstruct peace officer, assault with intent to resist, and breach of probation.
Psychiatric History:
Mr. Sar is diagnosed with schizophrenia, and cannabis use disorder now in remission.
Mr. Sar had no history of psychiatric care prior to undergoing a court-ordered assessment at St. Joseph’s following his arrest in 2002, for sexually assaulting his nine-year-old half-sister for which he was convicted in 2003.
In the two-week period prior to his arrest in 2002, Mr. Sar began to exhibit bizarre and uncharacteristic conduct in the home. Amongst other things he placed unlit candles throughout the house, he put tape over sawmill holes in the bathroom fearing he was being filmed. He was concerned that he and his family were being controlled by television, and was preoccupied with religious and biblical themes.
Mr. Sar was admitted to St. Joseph’s in 2003 to assess his fitness to stand trial on the sexual assault charge. He was found unfit to stand trial and returned to St. Joseph’s pursuant to a Treatment Order. He improved with treatment and was released. Mr. Sar was convicted of the sexual assault, given credit for 170 days of pre-trial custody and released from custody.
Upon his release, Mr. Sar discontinued use of prescribed medication, and did not engage in outpatient treatment to address his mental health issues. In the period prior to his arrest for the 2009 index offence Mr. Sar was observed by his family to exhibit continuing bizarre conduct such as sleeping naked in the snow and hiding under the porch at night.
Mr. Sar was found (NCR) on October 2007 for the index offence. His condition improved with monitored medication after his admission to St. Joseph’s. However, he continued to express active delusional beliefs including that he was God, that he created the universe and all humankind, and that he was a woman in the past, committed suicide and re-created himself.
Mr. Sar was discharged to live with his mother and brother in 2017 and was followed by an Assertive Community Treatment Team (“ACTT”). He was granted a Conditional Discharge in February 2019. Mr. Sar had several brief readmissions, and was then readmitted to hospital pursuant to a Form1 in October 2022. A Detention Order was reinstated in February 2023. Mr. Sar was discharged back to the family home in May 2024.
Mr. Sar suffered psychotic symptoms while under ORB governance. Most recently in August 2025, while under ORB Disposition and living at home, Mr. Sar stopped attending out patient programs. Further it was suspected that he had curtailed or ceased his medication intake. His conduct became more bizarre, more grandiose, and less redirectable.
Since Mr. Sar’s behaviours increased his risk to the public, on August 13, 2025, Mr. Sar’s liberty was restricted, pursuant to s. 672.81 (2.1) of the Criminal Code, and Mr. Sar was admitted to hospital. His mental state was markedly different from his base line. He was flat and had an intense fixed stare. He was more explicit and bolder about his long-held beliefs that he was God and had the power over people including the psychiatrists. He had no insight into his mental illness, denied needing medication, and would not consent to hospitalization. Due to escalating concerns for safety and decompensation, Mr. Sar was involuntarily admitted into hospital.
Over the treatment period of three to four weeks Mr. Sar gradually improved, became more engaged and made progress towards his baseline. Mr. Sar currently remains on a detention order.
Recent Developments:
During the present Detention Order, Mr. Sar was referred for a psychological and risk assessment by his psychiatrist Dr. Shariati to assess Mr. Sar’s risk for future offending and sexual violence. Mr. Sar consented to the assessment.
Mr. Sar denied he has schizophrenia which he understood is characterized by delusions and lack of insight. He denied the need for treatment. He stated if granted an absolute discharge he would discontinue his medication.
Mr. Sar focused on his beliefs and experiences. He stated he is a deity, creator, God, and Jesus Christ. He explained that he has lived and will live forever. He explained that he has also visited the future, and our current existence is actually in the past. Mr. Sar reported that he is on earth to recruit people to join him in heaven and those who believe him will join him and those who don’t will go to hell.
After the commission of the 2009 index offence of forceable entry, Mr. Sar stated he mistook the complainant’s home to be that of his friend, and upon entry he encountered two females. He denied any intention to harm them. In the current assessment Mr. Sar maintained he was wrongfully accused as he was not alive at the time of the occurrence, but rather existed in a different body in a different realm.
Mr. Sar’s criminal record was reviewed. He denied all offences except for “possessing and smoking weed”. He stated that former and current co-patents act or embody him and commit the crimes.
When asked about the 2003 sexual assault involving his nine-year-old step sister he stated this was a case of mistaken identity. He stated his best friend attended court in his body and pled guilty. He stated it was his best friend who sexually assaulted his sister and forced her to lie to the police and implicate him.
During the assessment, Mr. Sar stated his current interest in sex is reactively low and has been for many years. He stated that because he has created all humans they are like children and he does not feel sexually attracted to others. When asked about his sexual identity Mr. Sar indicated that he is a female, and wishes he could live as a female, stating; “my role as a man is temporary”. He admitted he is aroused by fantasies of himself as a female engaging sexually with other females.
Risk Assessment:
The Hospital Report notes that Mr. Sar has had a number of risk assessments over the years. In 2022, Mr. Sar was assessed as a moderate risk for violence within the context of a detention order. In terms of critical factors associated with Mr. Sar’s risk during the last year, (i.e.12months) Mr. Sar’s clinical presentation was generally stable, characterized by psychotic episodes which fluctuate. He exhibits cognitive and behavioural instability reflected in his rule-breaking behaviour, poor judgement and impulsivity. Mr. Sar’s insight into his mental illness, violence risk and need for treatment remains quite poor. Even with treatment in place, his symptoms are only partially managed.
The assessment continues as follows at pgs. 86-87 of the Hospital Report:
…[,Mr. Sars] current level of risk for violence is low-moderate, which reflects the probability and severity of violence given his history. His risk, while managed under the current disposition, is driven by his mental illness, poor insight, substance abuse, and limited treatment response. If Mr. Sar were to engage in violence it would likely be the result of psychotic symptoms, either breakthrough symptoms, or exacerbation of residual symptoms due to stress, medication non-compliance, or relapse of drug use. Mr. Sar’s violence would be in the form of verbal and/or physical aggression toward patients, staff, strangers, or family members. Although sexual aggression has been part of his offending profile in the past, there is no evidence to suggest unique or additional risk of this expression of violence outside of a psychotic episode.
Mr. Sar exhibits on going psychotic symptoms and very limited insight into his illness and behaviour. Despite this, he is largely cooperative and has not evidenced any violent behaviour in many years….it is important to acknowledge that his success is largely, if not entirely due to the supervision and treatment he enjoys because of the forensic system. …He enjoys the support of his family, but requires professional oversight to monitor for substance abuse, medication compliance, and fluctuations in his mental state, so he remains accountable and clinical intervention can be swift.
Clinical Risk Summary:
The Hospital Report highlights that Mr. Sar’s underlying delusional beliefs remain fixed, and insight into his illness and the need for antipsychotic remains limited. He maintains he does not need medication. He views treatment as an imposition and not a necessity for his own safety and functioning.
Family and a stable home environment have historically been key protective factors and Mr. Sar’s mother remains a supportive presence. However, the reliability of the family home as a risk-management source has weakened in the past year. Mr. Sar’s brother who is both a Substitute Decision Maker and housing provider has at times been collaborative but has also exhibited a pattern of mistrust and conflict with the treatment team. Amongst other things he challenged the accuracy of Mr. Sar’s medical documentation, he put restrictions on the treatment team’s home visits with Mr. Sar, insisting that the meetings be video recorded, and resisted adjustments to Mr. Sar’s injectable medication scheme, expressing concerns that the treatment team was, “doing experiments” on Mr. Sar.
Shortly after Mr. Sar was discharged to return home on November 26, 2025 after being stabilized as a result of his rapid mental health decompensation in August 2025, the relationship between Mr. Sar’s brother and the treatment team had deteriorated to the point that the treatment team concluded it could no longer rely on the family home as an approved residence. Mr. Sar was readmitted to hospital.
Dr. Shariati explained that Mr. Sar was discharged to the family home on November 26, 2025 following an eight transition. Unfortunately, the relationship with Mr. Sar’s brother (Substitute Decision- Maker and housing provider) deteriorated quickly. Mr. Sar was brought back to the hospital two days later. The treatment team determined that it was no longer appropriate for Mr. Sar to live in the family home, and Mr. Sar remained an inpatient at the time of the hearing. Preliminary housing options were being considered an occupational therapy assessment will be ordered.
In response to questions from Mr. McIver, Dr. Shariati was clear that the treatment team would not revisit the decision about not discharging Mr. Sar to the family home. Dr. Shariati testified that it was a difficult decision to take a person away from their family; however, he reiterated concerns about unreliable access to monitoring by ACTT, challenges with the Substitute Decision-Maker’s views about Mr. Sar’s psychiatric medications, and legal threats. Dr. Shariati stated that a housing provider needs to be reliable and work with the treatment team.
Mr. Sar testified. He stated he is not Chantha, he is God. Chantha is dead. He did not do anything wrong, and it is a case of mistaken identity. Mr. Sar stated that it was not a case where he thinks he is God; his real name is God and he created everyone in the room. Chantha Sar is someone else who committed the crime, but he died in 2008.
Analysis and Conclusions:
Based on the Hospital Report and the evidence of Dr. Shariati and Mr. Sar, the panel concluded that Mr. Sar remains a significant threat to the safety of the public as set out in the analysis provided in Winko v, British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. The question remains what is the necessary and appropriate disposition to mange the risk.
The panel finds that on all the evidence; the risk cannot be managed pursuant to an Absolute Discharge as sought by Mr. Sar, nor pursuant to a Conditional Discharge. In finding that the appropriate disposition to manage Mr. Sar’s risk is a continuation of the present Detention Order, the panel adopts in full the concluding remarks in the Hospital Report at pgs. 88-89 (Exhibit 1):
…the available information indicates that Mr. Sar continues to pose a significant threat to the safety of the public if he were to discontinue or reduce anti psychotic medication, disengage from structured follow-up, or live in a setting where his housing provider is not reliably able or willing to work in close partnership with the forensic team. His risk is mitigated when he is managed within a Detention Order with clear conditions around approved housing, regular contact [with the hospital team], and a low threshold for readmission if there are signs of non-adherence, substance abuse, deterioration in mental state, or breakdown in collaboration with his Substitute Decision-Maker.
Within hospital and under a Detention Order, Mr. Sar accepts antipsychotic treatment and functions well in a structured environment. Psychological risk assessment has placed his risk of violent and sexual recidivism in the low to moderate range when he is adherent to treatment, abstinent, and closely supervised.
The evidence in support of the Hospital Report’s conclusion is extensive. Amongst other things, Mr. Sar has no or little insight into his mental illness and the need for treatment. He recognizes his diagnosis of schizophrenia but maintains the psychiatrists are in error. He stated if granted an Absolute Discharge he would cease his medication.
His long held delusional belief that he is God like and omnipotent continues to the present day. His delusions also embrace his belief that others, not him, committed the numerous criminal offences for which he was found guilty.
Similarly, when interviewed during the risk assessment regarding the index offence he advised it was not him who unlawfully entered the complainant’s home as he was not alive at the time of the occurrence, but rather existed in a different body in a different realm.
As noted in the Hospital report, notwithstanding that Mr. Sar continues to maintain his delusions, “Within hospital and under a Detention Order, Mr. Sar accepts antipsychotic treatment and functions well in a structured environment.” In these circumstances Mr. Sar’s risk to public safety is at a minimum substantially reduced.
The hospital and treatment team recommend continuation of the current (February 3, 2025) Detention Order, with one change;
c. when living in the community, report to the person in charge of [St. Joseph’s], or his or her designate, no less than four times per month.
The panel accepted an increase in monitoring was required when Mr. Sar is eventually discharged to the community. It was clear from the history that Mr. Sar requires close monitoring. Many attempts to discharge Mr. Sar to the family home have been unsuccessful such that new options are required. It was clear that the hospital requires the ability to approve Mr. Sar’s housing and bring him back to the hospital quickly in the event of substance use and/or decompensation.
Accordingly, the necessary and appropriate Disposition, which is also the least onerous and least restrictive is a continuation of the current Detention Order with one reporting change as outlined above.
Dated this 17^th^ day of March 2026, at the City of Toronto, in the Toronto Region.
Alexander Sosna
Legal Member
__________________
Office of the Registrar
Ontario Review Board