Ontario Review Board

Re: Andrew D. Kuracina

ORB File No: 8653

Hearing held on: Friday, February 13, 2026

Place of Hearing: Royal Ottawa Mental Health Centre

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

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. S. Lessard

Dr. R. Cormier

Ms. T. Mann

Ms. B. Naegele

Parties Appearing:

Accused: Andrew D. Kuracina Counsel: Ms. L. Konarowski

Person in charge of hospital: Representative Dr. A. Sandhu

Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated March 18, 2026)

Introduction

1. On October 23, 2024, the accused, Andrew D. Kuracina, was found not criminally responsible on account of mental disorder (“NCR”) on charges of break and enter, mischief (x2), obstruct/resist a peace officer, cause a disturbance by fighting, assault, assault by choking, make false fire alarm and mischief/damage property not exceeding $5000, all contrary to the Criminal Code of Canada.

2. Mr. Kuracina is currently subject to a disposition of the Ontario Review Board (“ORB”) dated January 16, 2025, which detains him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre with privileges up to and including community living in approved accommodation.

3. On February 13, 2025, the ORB convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to review Mr. Kuracina’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Kuracina attended his hearing and was represented by his counsel, Ms. Lauren Konarowski.

4. At the outset of the hearing the following documents were entered as Exhibits:

5. Hospital Report dated January 29, 2026

6. ORB Summary Report dated January 23, 2026

7. Summary for the hospital report dated January 16, 2026, authored by Ms. H. Potter-Gilmour

8. The issues for this hearing are whether Mr. Kuracina continues to represent a significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.

9. At the outset, the parties provided their preliminary without prejudice positions for the hearing. The hospital recommends the maintenance of the current detention order. Counsel for the Attorney General, Ms. Dufort, and counsel for Mr. Kuracina, Ms. Konarowski, indicated that they would likely join the hospital in its recommendation, subject to questions that they wished to pose to Dr. Sandhu. In closing submissions, the Board was presented with a joint position for the maintenance of the detention order, on the same terms and conditions.

10. For the reasons set out below, the Board finds that Mr. Kuracina continues to meet the threshold of significant threat to the safety of the public and that the maintenance of the current disposition, on the same terms and conditions, is the necessary and appropriate, least onerous, and least restrictive disposition for the coming year.

Index Offences

8. The circumstances of the index offences have been extracted from the hospital report and are summarized as follows:

“November 26, 2023

• CC 348(1)(b) – Break and enter

• CC 430(1)(a) – Mischief

On November 26, 2023, at around 3:35 pm, Mr. Kuracina broke into Integrated Health at the Pinecrest/Queensway Community Centre situated at 1356 Richmond Road, in Ottawa. Mr. Kuracina broke in by kicking the front door. He then went to the third floor door where he pulled out the card swipe box out which allowed him access into the office.

At around 3:40 PM, he exited the office via entry point leaving the front door open. This incident was captured on surveillance video. The break-in was discovered by staff members who reported to work the following morning and the report was filed by the Director, H.G.

A nurse, B.M., saw the video footage related to the break-in with members of the Integrated Health Team and Mr. Kuracina was identified as the person who was responsible.

Mr. Kuracina is currently bound by a release order on the chargers of assault by choking, assault, resist arrest, attempt to commit theft under, mischief under, cause disturbance related to Ottawa police case number 23-385089. Also, he was bound by an Undertaking on the charges of false alarm and mischief related to Ottawa Police Case #23-389693.

December 19, 2023

• CC 437 – make false fire alarm

• CC 430(4) – mischief/damage property not exceeding $5000

On Tuesday December 19th, 2023, the accused Andrew KURACINA, was wearing a black jacket, grey hoodie, grey pants and black shoes, in the Rideau Centre (50 Rideau St). The accused had already been trespassed from the mall approximately one year ago. In addition, the accused was trespassed once again on the 17th of December, 2023, for causing a disturbance on the property.

At approximately 7:30 AM, the accused was seen on video surveillance pulling multiple fire alarms within the Rideau Centre. Rideau Centre security responded to the incident and observed the accused now using a fire extinguisher and spraying it. The accused left the property upon the arrival of security and was verbally trespassed by security while doing so.

At 9:22 AM, the accused returned to the Rideau Centre. Security located him and directed him to leave the property. The accused refused to leave and was arrested under the Trespass to Property Act.

The accused was placed under arrest for the offences of Make False Fire Alarm and Mischief Under $5,000. The accused was read his rights to counsel and released on an Undertaking.

December 22, 2023

• CC 334(b) – Theft not exceeding $5000 (2 counts)

• CC 264.1(a) – Uttering threats

• CC 145(4)(a) – Failure to comply with undertaking (2 counts)

On December 22nd, 2023 at approximately 9:30am the accused was inside the Rideau Center located at 50 Rideau Street when he entered the store called 'Sunglass Hut.'

The victim, V.B. who was an employee, recognized the accused as he has been banned from the store previously. The victim told the accused to leave at which point the accused stated, "no fuck you."

The accused then took 4 pairs of sunglasses ($2252 value) and went towards the exit. While leaving the accused stated, "you don't know who I am, I'm with the Russian Mob and I will kill you" while stealing the 4 pairs of sunglasses.

The accused returned to Sunglass Hut located at 50 Rideau Street at 3:30pm and walked to the wall of glasses and stated "I'm taking these." to an employee. The accused left the store making no attempt to pay for the merchandise.

December 25, 2023

• CC 430(1)(b) – Mischief inoperative or ineffective

Additional charge, at 1020hrs after having spoken with duty counsel the accused smashed the telephone handset and damaged the ear piece while in the lawyer booth. An additional charge of mischief was added to the file.”

Background History

9. The details of Mr. Kuracina’s personal, legal, and psychiatric history are set out in the hospital report (Exhibit 1). Briefly summarized, Mr. Kuracina is 40 years of age and was born in Ottawa, where he was raised by his mother and father along with two younger siblings, a sister, and a brother.

10. Mr. Kuracina reported that he had difficulty concentrating in elementary school. He was diagnosed with attention deficit disorder and was prescribed Ritalin. At the age of 13 years, he was sent to Robert Land Academy, a private military boarding school, in Wellandport, Ontario. He reportedly saw a psychologist while at the Academy but said that this psychologist would bring him to a cottage, give him alcohol, grab his buttocks, and ask how big his penis was. He reported that he began to feel depressed and that he struggled with anxiety. Mr. Kuracina also struggled with Body Dysmorphic Disorder. He started smoking cannabis, which made him feel better. He said he dropped out of high school around the age of 18 years.

11. After leaving school, he moved to Victoria, B.C. to pursue acting. He said he was able to find work on production sets but was admitted to a hospital due to his struggle with Body Dysmorphic Disorder. He reported using ecstasy and cocaine around that time. After living in Victoria for three years, he moved to Toronto, where he reported having a “full blown psychotic episode.” He said he was hospitalized at St. Joseph’s Healthcare Hamilton, and his family brought him back to Ottawa, where he received treatment from the Ottawa Hospital, and was diagnosed with bipolar disorder. He was then followed by On Track: First Episode Psychosis Program.

12. Mr. Kuracina lived with his parents for some time before moving into his own apartment. After about two years, he moved to 712 Edison Avenue (Kimberlane Residence) as he was struggling with his mental health.

13. In or around 2012, he obtained his high school diploma through Adult Education.

14. Mr. Kuracina’s mother is a retired elementary school French teacher who lives alone in Ottawa. His father died in 2017 of cancer.

Criminal History

15. Mr. Kuracina’s criminal history indicates that he was previously charged with assault in May 2008 in Victoria, British Columbia. He received a suspended sentence and probation of 12 months.

Psychiatric History

16. The hospital reports set out the details of Mr. Kuracina’s psychiatric history. It documents several admissions to hospital between 2022 and the commission of the index offences.

17. Following the index offences, Mr. Kuracina was incarcerated at the Ottawa-Carleton Detention Centre (OCDC) for 24 days. He was released on January 28, 2024 and stayed at the Salvation Army shelter in downtown Ottawa. He then used cocaine and had a manic episode. He said the police brought him to Montfort Hospital where he was admitted and remained for two months.

18. Mr. Kuracina’s current diagnoses are:

• Schizoaffective Disorder – Bipolar Type

• Body Dysmorphic Disorder (by history)

• Stimulant Use Disorder (cocaine sub-type)

• Alcohol Use Disorder

Evidence at the Hearing

19. The hospital’s evidence was presented through its report and through the oral testimony of Mr. Kuracina’s attending psychiatrist, Dr. A. Sandhu. This evidence is summarized below.

20. Dr. Sandhu testified that Mr. Kuracina is generally doing well. Other than a recent relapse of crack cocaine use on January 9, 2026, Mr. Kuracina had been abstinent for several months, as confirmed by his random urine drug screens.

21. Mr. Kuracina went to a detox program in May of 2025. He was then transferred to the Champagne Residence in Vars in early June and was admitted to the inpatient Substance Use and Concurrent Disorders program on June 25, 2025.

22. Mr. Kuracina continues to engage with his treatment team and has recently started a functional assessment with an occupational therapist. Mr. Kuracina’s current residence is far from the hospital. The hospital is assessing whether it would be better for Mr. Kuracina to live closer to the hospital. He currently takes public transportation from Vars to the hospital to participate in programming.

23. In response to questions posed to him by counsel for the Attorney General, Ms. Dufort, Dr. Sandhu testified that Mr. Kuracina generally presents on time at the hospital for his injections of antipsychotic medication and to provide random urine drug screens upon request. The plan for the coming year is to work on solidifying Mr. Kuracina’s relapse prevention.

24. It has been beneficial for Mr. Kuracina to be at a residence which is geographically distant from his drug-using peers, and this has served as a barrier to ongoing drug use. Mr. Kuracina was previously in a group home in Ottawa and at that time was using drugs. The hospital feels that it must weigh the risk and benefits of having Mr. Kuracina closer to the hospital but also in closer proximity to his drug-using peers.

25. Mr. Kuracina’s brother lives in Ottawa and his sister resides overseas. They are both positive supports for him. His sister assists him with his finances and keeps in regular contact with him. Dr. Sandhu has not had any contact with Mr. Kuracina’s brother, but it has been positive for him to renew contact with his brother from whom he had been estranged for some time.

26. Though Mr. Kuracina’s disposition requires him to report not less than once per month, he is seen at the hospital far more frequently, likely up to twice per week, due to his current care plan and his attendance at hospital programming and for his other appointments. In the opinion of Dr. Sandhu, Mr. Kuracina currently has good momentum and is engaging well with the treatment team. If he moves back closer to the hospital, Dr. Sandhu believes that there will be a need to monitor him more closely.

27. In response to questions posed to him by counsel for Mr. Kuracina, Ms. Konarowski, Dr. Sandhu testified as follows:

(a) Dr. Sandhu acknowledged that Mr. Kuracina was using drugs much more when he was in Ottawa. He now demonstrates a better ability to participate in rehabilitation and has been largely abstinent over the last eight months or so. Mr. Kuracina has always been quite open with the treatment team about his drug use in the past.

(b) Mr. Kuracina has been compliant with medication and did not have any admissions to hospital in the last year. He also completed a program on the Concurrent Disorders Unit of the Hospital.

(c) Mr. Kuracina has a high level of insight into his substance use issues, he is open and articulate with the treatment team, and the treatment team continues to encourage him to reach out when he needs help.

(d) When Mr. Kuracina has relapsed over the last year and used stimulants, there have been no symptoms of psychosis though he did report some issues with sleep.

(e) Prior to coming under the jurisdiction of the ORB, Mr. Kuracina was using drugs consistently and experienced symptoms of psychosis as he was not taking medication regularly.

(f) Mr. Kuracina has an expansive treatment team which includes not only the staff of the hospital but also the ACT Team with which he remains involved.

(g) In the opinion of Dr. Sandhu, Mr. Kuracina continues to require the external controls of a disposition to maintain his abstinence from drugs.

28. In response to questions posed to him by members of the Board hearing panel, Dr. Sandhu responded as follows:

(a) Mr. Kuracina has had mental health issues since approximately 2013. He acknowledges how well is now and is proud of how long he had successfully abstained from drug use.

(b) With respect to long term community integration, Mr. Kuracina is participating in an occupational therapy functional assessment to help determine what type of vocational activity he is suited for and also determine the best kind of supportive housing for him which may involve a transition to independent living through a transitional group home.

(c) Mr. Kuracina continues to meet with Dr. Kassam who is the ACT Team psychiatrist; however, Dr. Kassam has deferred the prescribing of medication to Dr. Sandhu and the Forensic Program at the hospital. Though Mr. Kuracina is not seeing Dr. Kassam as often, there continues to be good communication between the ACT Team and the hospital.

(d) Mr. Kuracina’s recent relapse into drug use on January 9, 2026, was the result of interacting with his old drug-using friends.

29. No other evidence was presented.

Closing Submissions

30. At the conclusion of the hearing, the parties presented a joint submission that Mr. Kuracina continues to represent a significant threat to the safety of the public and that the maintenance of the current detention order on the same terms and conditions remains necessary and appropriate at this time.

Analysis and Conclusion

31. Having considered all of the evidence tendered at the hearing, and the joint submission of the parties, the Board finds that Mr. Kuracina continues to pose a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada and as further defined in the Supreme Court of Canada decision of Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

32. According to R. v. Winko, a significant threat to the safety of the public means 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.

33. Our finding that Mr. Kuracina continues to meet the threshold of significant threat to the safety of the public is based on his many years of significant mental health struggles and instability in the community. He is diagnosed with a major mental illness, namely bipolar 1 disorder, which is compounded by a stimulant drug use disorder and non-compliance with treatment. The index offences occurred in the context of a severe psychotic decompensation.

34. Mr. Kuracina has made progress in the last year, his first year under the ORB. He demonstrates good engagement, attends the hospital regularly to participate in programming, and had successfully abstained from drugs for a period of approximately eight months until a recent slip. He demonstrates good insight into his addiction and mental health issues and has recently engaged more consistently with his treatment plan.

35. Mr. Kuracina’s ongoing abstinence seems to be due, in large part, to the external controls of his ORB disposition and his geographical relocation to a group home outside the city. The hospital is formulating a plan to balance the risk and benefits of a possible relocation in Ottawa in the upcoming year, while also working on strengthening barriers to avoid a relapse of substance use which could lead to decompensation of his mental health.

36. The evidence persuades us that, though he has had a positive year, Mr. Kuracina continues to require the external controls of a detention order in order for the hospital to be able to approve accommodation and return him to hospital swiftly in the event of decompensation.

37. Having considered the four factors set out in s. 672.54 of the Criminal Code, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs, the Board finds that the existing detention order, on the same terms and conditions, remains the necessary and appropriate, and the least onerous and least restrictive disposition in all of the circumstances.

DATED this 18th day of March 2026, at the City of Toronto, in the Toronto Region.

Ms. M. Labrosse

Alternate Chairperson

Office of the Registrar

Ontario Review Board