Re: Kiritharan Kannathasan
ORB File No: 7636
Hearing held on: Friday, March 27, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. S. Lessard Dr. J. Cheston Ms. A. La Viola Mr. J. Cyr
Parties Appearing:
Accused: Kiritharan Kannathasan
Counsel: Ms. G. Shahidi
The person in charge of hospital: Representative: Dr. R. McMaster
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated April 15, 2026)
Introduction:
On November 14, 2019, Kiritharan Kannathasan was found not criminally responsible on account of mental disorder (“NCR”) on charges of aggravated assault, and assault with a weapon, contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. Kannathasan is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated March 26, 2025, discharging him subject to a variety of terms and conditions including that he reports to the person in charge of the Centre for Addiction and Mental Health (“CAMH” or the “hospital”) or his or her designate, not less than once every four weeks.
On March 27, 2026, the Board convened at CAMH to conduct an annual review of Mr. Kannathasan’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Kannathasan attended his hearing and was represented by his counsel, Ms. G. Shahidi.
The issues to be considered at this hearing are whether Mr. Kannathasan is a significant threat to public safety as now defined in s. 672.5401 of the Criminal Code and, if he is found to be a significant threat to the community, the determination of the necessary and appropriate Disposition in the circumstances bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below, the Board finds that Mr. Kannathasan no longer poses a significant threat to the safety of the public and that accordingly, he must be absolutely discharged.
Index Offences:
- The circumstances giving rise to the index offences are set forth in the Hospital Report to the ORB dated February 22, 2026 (the “Hospital Report”), as follows:
“Aggravated Assault and Assault with a Weapon – November 2018
According to the Peel Regional Police Services Synopsis, Ms. Thanaluxmy Kannathasan
and her husband Mr. Permashandran Veluppilai resided together at K[…] Road, Unit # X in Brampton. She had one adult son named Kiritharan Kannathasan (22 years old) from a previous marriage who also resided with them. All parties resided at the address for approximately three years. Police had dealt with the family for previous domestic related incidents.
On November 25, 2018, at approximately 7:30 pm, all three parties were present in the
residence. Mr. Kannathasan was acting strange, and the victims became concerned for his mental state. As his mother was preparing to bring him to the hospital, he armed himself with two knives, and proceeded to stab her once in her stomach and once on the right of her neck. He also cut his father in his stomach area. The cut was minor and did not require any medical attention. A blood trail was located down the building stairwell to the 15th floor, across to the other stairwell and down to the main floor lobby. At 7:34 pm, police attended K[…] Road, and located Mr. Kannathasan in the parking lot and arrested him. He was informed about his rights to counsel and cautioned, all of which he understood. He was transported to 21 Division Peel Regional Police pending a bail hearing.
His mother was transported by ambulance to Sunnybrook Hospital where she required
surgery to her stomach. Her injuries were considered serious but not life threatening. The cut to her neck was minor. Mr. Kannathasan sustained a minor cut to his left little finger and did not require medical attention. Alcohol or drugs were not considered to be a factor.
When assessed in 2019 and asked about the index offence, Mr. Kannathasan initially
referenced stacking papers and burning them. When reminded about stabbing his mother, he was able to discuss the incident. At the time of the index offence, he was hearing voices telling him to stab his family. He stated that he was taking medications, “the needle” at the time, and was not using cannabis or other substances. He reported he “had no choice” but to stab his mother. He explained that he was “in control,” though he felt “pissed off.” In reflecting on his actions, he reported, “I feel sad.”
Positions of the Parties:
At the commencement of the hearing, all parties were canvassed as to their initial recommendations. The hospital’s representative asserted that Mr. Kannathasan no longer meets the threshold for significant threat to the safety of the public, and that accordingly, he must be granted an Absolute Discharge.
Counsel for Mr. Kannathasan advised that her client supported the hospital’s recommendation.
Counsel for the Attorney General wished to hear the hospital’s evidence before making a recommendation. In closing submissions, counsel recommended he was in support of the hospital’s recommendation.
In final submissions, the Board was presented with a joint recommendation in closing submissions.
Personal Background:
Mr. Kannathasan’s background and history are set out in detail in the Hospital Report and need not be repeated at length here. Briefly summarized, Mr. Kannathasan is a 30-year-old single man with no children.
Mr. Kannathasan has one sister who has Schizophrenia. He is not in contact with her. At the time of the index offences, he was living in Brampton with his mother and stepfather, who were the victims of the index offences.
Mr. Kannathasan’s mother moved to Canada when he was two years old. He remained in Sri Lanka under the care of his maternal grandparents with little contact with his father due to concerns related to alcohol and physical abuse. Mr. Kannathasan reported sexual abuse by older family members in Sri Lanka.
At age eleven, Mr. Kannathasan immigrated to Canada and initially lived in Scarborough, Ontario with his mother, who had remarried, and his stepfather. Mr. Kannathasan reported a good relationship with both, particularly his mother. His sister suffers from Schizophrenia.
Mr. Kannathasan attended up to grade five of elementary school in Sri Lanka. His school transition from Sri Lanka to Canada was difficult.
He started smoking cannabis in Grade 10 and was two credits short of obtaining his high school diploma. In high school around age 17, Mr. Kannathasan worked at a bakery. After he stopped attending school for three months, he worked in a shipping/factory position and stopped working there because of getting “into heavy marijuana.” The Hospital Report indicates that cannabis use has historically led to deteriorations in his mental state.
Prior to his arrest for the index offences, Mr. Kannathasan resided with his mother and stepfather in Brampton, Ontario.
Legal History:
- The Hospital Report stated that Mr. Kannathasan had convictions for assault, mischief, and utter threats in January 2016, as a result of a physical assault against his mother. There were also convictions for failure to comply with probation. The Hospital Report also stated that Mr. Kannathasan’s family members contacted police on a number of occasions between 2015 and 2016 due to concerns about physical violence, threats of harm, and damage to property.
Psychiatric History:
- Mr. Kannathasan first experienced symptoms of psychosis around the age of 18 or 19. He had multiple psychiatric admissions, primarily to the Brampton Civic Hospital of the
William Osler Health System and was followed in the community by an outpatient
psychiatrist while on probation. His diagnosis was consistently schizophrenia and
hospitalizations were primarily related to decompensation in the context of medication
non-adherence.
Following his arrest for the index offences, Mr. Kannathasan was incarcerated at the Toronto South Detention Centre and Maplehurst Correctional Complex. During this time, he was treated with antipsychotic medication, but he continued to experience auditory hallucinations, grandiose beliefs, and somatic delusions. Clozapine was proposed but he did not want to change his medication.
Following the NCR verdict on November 14, 2019, he was transferred to CAMH under the jurisdiction of the ORB. He was detained on a general forensic unit and had ongoing auditory hallucinations. He also did not believe that his family was his real family. Mr. Kannathasan was deemed capable of consenting to treatment and eventually agreed to trial Clozapine in March 2020. This resulted in most of his positive psychotic symptoms subsiding.
Mr. Kannathasan was discharged to TRHP2 housing (“Transitional Rehabilitation Housing Program 2”) on July 13, 2021. He needed some increased support while he transitioned to community living but then settled into the daily routines of the residence well. Mr. Kannathasan began self-administering his antipsychotic medication in November 2022 and obtained part-time employment in February 2023 as a cleaner. He continued to do well at TRHP2 housing and did not display any overt psychotic symptoms. He was compliant with rules, progressed with his activities of daily living, and had no critical incidents or substance use. His insight improved as well.
He continued to reside at TRHP2 housing until May 1, 2024, when he was discharged to independent housing where he continues to reside.
Current Diagnosis:
- Mr. Kannathasan is diagnosed with:
Schizophrenia; and
Cannabis Use Disorder (in remission).
Evidence at the Hearing:
The evidence at this hearing consisted of the Hospital Report to the ORB as well as the viva voce evidence of Dr. R. McMaster who is Mr. Kannathasan’s out-patient psychiatrist.
Dr. McMaster testified that Mr. Kannathasan has had another very successful year. He has continued to reside in the community and has not required readmission to the hospital. His housing is Canadian Mental Health Association forensic supported housing located in Toronto. Mr. Kannathasan states that he is content to remain in this permanent residence as it is affordable and well-located.
Over the past reporting year, Mr. Kannathasan has abided by the terms of his Conditional Discharge Disposition and has not posed as a management problem. Mr. Kannathasan independently manages his schedule and has attended all appointments with his forensic outpatient program (“FOP”) team, as required.
Mr. Kannathasan continues to be assessed as capable to consent to psychiatric treatment and he self-administers a daily oral dose of the antipsychotic medication, Clozapine. Mr. Kannathasan continues to be fully independent in managing his medication. Random blister pack checks were completed throughout the reporting year. Mr. Kannathasan complies with all related blood work protocols without issue, and his Clozapine levels have been stable and within normal therapeutic range. The doctor advised that Mr. Kannathasan’s Clozapine levels will continue to be monitored on a monthly basis by his new civil team.
Mr. Kannathasan’s mental state has been stable over the year, and he typically presents as calm and pleasant. The Hospital Report notes that and “He denied experiencing auditory or visual hallucinations. He also denied experiencing paranoid, passivity, grandiose, somatic, or Capgras based delusions. He did not experience, suicidal, self-harm, violent, or homicidal ideation.” Dr. McMaster reported that Mr. Kannathasan has denied experiencing any psychotic symptoms over the past year, and none were observed by his treatment team or housing providers. Further, there have been no incidents of concerning behaviour or violence over the year in review.
In terms of his insight, Mr. Kannathasan has good insight into his major illness and potential risks of substance misuse. He is aware of the importance of his medication in managing symptoms of his illness and acknowledges that he would be likely to experience psychotic symptoms if he were no longer compliant.
In terms of substance use, Mr. Kannathasan consistently denied any triggers or cravings to use cannabis, alcohol, or any other intoxicating substances. He also denied drinking alcohol or using illicit substances. Mr. Kannathasan was not required to provide urine drug screens but there were no instances of intoxication detected. The doctor testified that Mr. Kannathasan’s insight with respect to the likely negative impact of cannabis use on his mental illness was good. Of note, his cannabis use disorder has been in remission in a controlled environment since 2018.
In terms of structured activities, Mr. Kannathasan is employed at the LCBO, and he works twice weekly for a couple of hours. He spends his free time meditating, listening to, and creating music. He enjoys swimming and bike riding, and he attended programs such as the gardening group, music and beat production group, FOPS recreational outings, mobile arts, and the Sketch program. Mr. Kannathasan has also been accompanied by his FOPS case manager on various community outings.
In terms of social supports, Mr. Kannathasan has a positive relationship with his mother and stepfather. He also has some friends he has met at CAMH.
In terms of transitioning Mr. Kannathasan to a civil treatment team, Dr. McMaster testified that Mr. Kannathasan has been referred to the Downtown East FACT team at CAMH. The doctor advised that Mr. Kannathasan has been visited by the team at his residence and has been formally accepted by their service.
According to the Assessment of Risk set forth in the Hospital Report, Mr. Kannathasan’s risk of re-offending while under a Conditional Discharge is “low” and this risk is anticipated to remain low in the context of an Absolute Discharge provided he continues to be followed by his current team until he is formally acceptance by a non-forensic team. The Hospital Report states: “Overall, the risk of imminent and future violence, and the risk of serious physical harm are low under the current structure and management. Absent appropriate supervision, support and management, and medication his risk would likely be low-moderate.”
Dr. McMaster expressed his opinion which is shared by the treatment team and testified that Mr. Kannathasan is very likely to remain medication adherent and engaged in professional follow-up in the context of receiving an Absolute Discharge. He is receptive to receiving supports from the ACT team and has expressed this clearly and consistency to Dr. McMaster. Dr. McMaster has a high degree of confidence in Mr. K.
Dr. McMaster testified that the FOPS team will bridge care until Mr. Kannathasan is settled with the new ACT team and he has fully transitioned to their service.
No further evidence was called.
Analysis and Conclusion:
Having heard and considered all of the evidence and the submissions of the parties, the Board agrees that Mr. Kannathasan no longer poses a significant threat to the safety of the public. We note that this position was not contested by any of the parties. In coming to this conclusion, we have relied upon the documentary evidence and the expert testimony of Dr. McMaster, particularly regarding Ms. Kannathasan's course over the past several reporting years. As well, the panel carefully considered the decision of the Supreme Court in Winko v. British Columbia. In that case, the Court identified a significant risk as a "real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature". There must be a positive finding by the Board of a significant risk to the safety of the public to engage the provisions of the Criminal Code and to support restrictions on an NCR accused’s liberty. Something else, for example, uncertainty, cannot suffice. If the Board cannot resolve the question of whether or not the NCR accused constitutes a significant threat to public safety, it must grant the accused an Absolute Discharge.
In Winko, the Supreme Court also outlined that in coming to a conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence including the circumstances of the original offence, the past and expected course of the accused's treatment, the present state of the NCR accused's medical condition and the NCR accused's own plans for the future, the support services existing for the NCR accused in the community and, perhaps most importantly, the recommendations provided by experts who have examined the NCR accused.
The evidence before us outlined the sustained progress that Mr. Kannathasan has continued to make over the past several years. He has been residing in the community since July 2021, with no hospital readmissions. He has successfully resided in stable independent housing and there have been no reported incidents of concern since his discharge.
Mr. Kannathasan has not engaged in any violence or assaultive behaviour. Mr. Kannathasan attends all of his scheduled appointments with the FOPS team without issue.
To his credit, Mr. Kannathasan is insightful regarding the symptoms of his illness, its early warning signs, and the importance of medication compliance in perpetuity. Mr. Kannathasan is internally motivated not to fall back into psychiatric illness and realizes that he must remain compliant with his treatment and abstinent from substances in order to avert a recurrence of his illness.
The symptoms of his mental illness have been in sustained and complete remission for many years. Mr. Kannathasan remains compliant with his Clozapine treatment under his own consent as he is assessed as treatment capable. He does not present with any overt symptoms of psychosis or mood disturbance. There have been no concerns with his commitment or ability to reliably self-administer his medication.
Mr. Kannathasan’s urine drug screen results have all returned negative for substances of abuse and he has been an active participant in recommended programming. He has complied with all of the terms in his ORB Disposition. These are all indicators of his positive trajectory in terms of full community re-integration.
Mr. Kannathasan’s follow-up care is being transferred to the Downtown East FACT team. To his credit, Mr. Kannathasan expresses an understanding of the importance of, as well as a commitment to, remaining engaged with professional care givers. According to Dr. McMaster, the FOPS team will continue to liaise with Mr. Kannathasan’s new health providers at Downtown East FACT team to ensure that the transfer of his care is seamless.
Dr. McMaster is confident that Mr. Kannathasan risk will be sufficiently mitigated by many protective factors. These include: his well-developed insight, his adherence to prescribed medication, his engagement in a variety of pro-social community endeavours, stable housing, and his network of family members who are positive social supports. Given these many protective factors, the Board concurs with the recommendation of the treatment team and agrees that Mr. Kannathasan’s risk can be sufficiently managed in the community absent an order of the ORB.
In view of the foregoing, this Board finds that Mr. Kannathasan no longer meets the threshold of significant risk to the safety of the public and we order that he be absolutely discharged. The Board congratulates Mr. Kannathasan, his family members, Dr. McMaster, and the treatment team and wishes Mr. Kannathasan continued success in the future.
In making this Disposition, the Board has reviewed the provisions of s. 672.54 of the Criminal Code and has carefully considered the need to protect the public from dangerous persons, the mental condition of Mr. Kannathasan, his reintegration into society and his other needs.
DATED this 15th day of April, 2026, at the City of Toronto, in the Toronto Region.
Ms. L. Banks Alternate Chairperson
Office of the Registrar
Ontario Review Board