Ontario Review Board
Re: Andre Baez-Thoonen
ORB File No: 8670
Hearing held on: Tuesday, March 3, 2026
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code of Canada
Before:
Alternate Chairperson: Ms. T. Mann
Members: Mr. E. Siebenmorgen Dr. S. Lessard Dr. A. Kerry Ms. K. Brisson
Parties Appearing:
Accused: Andre Baez-Thoonen Counsel: Mr. C. Dobson
The Person in Charge of Hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. J. Huber
REASONS FOR DISPOSITION
(Dated April 20, 2026)
On October 16, 2024, Andre Baez-Thoonen was found not criminally responsible on account of one count of arson – damage to property, contrary to the Criminal Code of Canada (“the Criminal Code”).
Mr. Baez-Thoonen is currently subject to a Disposition of the Ontario Review Board (“the Board”), dated May 7, 2025, detaining him at the Southwest Centre for Forensic Mental Health Care (“the Hospital”) with privileges including living in the community of Elgin and Middlesex Counties in accommodation approved by the person in charge of the Hospital.
The May 7, 2025, Disposition followed Mr. Baez-Thoonen’s admission to hospital on February 27, 2025 and subsequent Restriction of Liberty (“ROL”) hearing. Prior to this admission to hospital, Mr. Baez-Thoonen had been residing in the community subject to a Disposition of the Board dated February 6, 2025.
An ROL hearing was held on April 24, 2025 to review the restriction of Mr. Baez-Thoonen’s liberty from February 27, 2025 to the date of the hearing pursuant to 672.81(2.1) of the Criminal Code.
The Board found that the restriction of Mr. Baez-Thoonen’s liberty from February 27, 2025 onwards was necessary and appropriate, and represented the least onerous and least restrictive measure at the time it was imposed and throughout the period of restriction. Further, the Board amended the Disposition of February 6, 2025, as requested and on the consent of all parties and as set out at the conclusion of these Reasons.
On March 3, 2026, the Board convened this panel to conduct the annual review of Mr. Baez-Thoonen’s Disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Baez-Thoonen was present throughout the hearing with his counsel, Mr. C. Dobson.
Position of the Parties
- At the outset of the hearing, the parties were canvassed as to their respective, without prejudice recommendations to the Board. The Hospital and Attorney General were joined in their submission that Mr. Baez-Thoonen presented a significant threat to the safety of the public, and that the necessary and appropriate disposition was a Detention Disposition including a term to allow for increased accompanied passes into Southwestern Ontario. Mr. Dobson on behalf of Mr. Baez-Thoonen advised that he had been instructed by his client to accept the Hospital’s recommendations in their entirety. As such the matter proceeded as an uncontested hearing. All parties maintained their position in submissions at the conclusion of the hearing.
Index Offence
- The following synopsis of the Index Offence is taken from the Reasons for Decision and Disposition dated May 12, 2025 as follows:
On November 27, 2021, Mr. Baez-Thoonen contacted a mental health crisis line an admitted to starting a fire in his apartment. Emergency services were dispatched and Mr. Baez-Thoonen was found hiding in a shed behind the house. The police officers had concerns for the mental health of Mr. Baez-Thoonen. He was apprehended under the Mental Health Act. He was charged with arson with an estimated property damage of the residents of $100,000.
Background
A Hospital Report dated November 26, 2025 was filed as Exhibit 1 at the hearing. The Hospital Report provides a great deal of information concerning Mr. Baez-Thoonen’s personal background, mental health history, and other information in connection with the facts and circumstances leading to the index offence as well his progress under the jurisdiction of the Board. As such it is not necessary to reproduce in detail the information contained therein but the following is provided for context.
Mr. Baez-Thoonen was born and raised in London Ontario. His parents separated when he was in Grade 2. He has a brother. He attended Fanshawe College but did not complete his studies. He has been engaged in various trades including as a bricklayer apprentice, drywall installer and in landscaping. He also worked as a cleaner at Walmart but left that position, in part due to increasing difficulties with his mental health.
Since 2023, Mr. Baez-Thoonen has been in a relationship with a partner he met through a CAMH housing program. Together they share a daughter, born October 26, 2024. The child has medical problems and requires a high level of care. The child resides with his mother. Mr. Baez-Thoonen’s relationship with the child’s mother has had its ups and downs and continues to be a stressor.
A summary of Mr. Baez-Thoonen’s psychiatric history is provided on pages 5-8 of the Hospital Report and is based in part on an interview with Dr. Ajay Prakash for the NCR Report dated January 28, 2024. Mr. Baez-Thoonen reported that he began to experience mental health difficulties when he was 19 years of age.
Mr. Baez-Thoonen has a history of substance use which is summarized on pages 8-9 of the Hospital Report. Mr. Baez-Thoonen acknowledged using a number of substances beginning in his teens, including cannabis, MDMA, psilocybin, cocaine, heroin and crystal methamphetamine.
Mr. Baez-Thoonen has no criminal record.
The Reasons for Decision and Disposition summarize Mr. Baez-Thoonen’s progress while under the auspices of the Board, as follows:
…Prior to admission to hospital, Mr. Baez-Thoonen had been residing in London, Ontario. He was ordered to the care of Southwest by the ORB following his initial ORB hearing on January 28, 2025. During his initial intake appointment with the forensic Outreach team, he stated that on February 27, 2025 he stated that he was non-compliant with medication, had significant stress to the point of considering hospitalization, and was experiencing suicidal ideation. He was engaging in substance use and expressing violent ideation with a perception that “I have to hurt others to feel fine.” Given Mr. Baez-Thoonen’s presentation, the hospital admitted him…[to] the B1 Rehabilitation Unit where he underwent a period of assessment and stabilization.
On admission, Mr. Baez-Thoonen confirmed that he had been using cannabis. He also reported using caffeine pills, consuming energy drinks, and drinking alcohol to the point of intoxication.
On February 28, 2025, the day after Mr. Baez-Thoonen’s admission to hospital, he stated that he would be tempted to hurt other people if he was not in the hospital. He wanted to hit specific individuals with a hammer if given the opportunity to hurt them, though at the time he did not endorse a plan to harm them. He also stated that if he had a gun, he would attempt to harm them.
Mr. Baez-Thoonen continued to decline to take his olanzapine and was subsequently assessed and deemed incapable of consenting to treatment related to his mental illness. On March 11, 2025, the Consent and Capacity Board upheld the finding of incapacity. He expressed an interest in appealing the incapacity finding but other than meeting with the patient advocate, did not take active steps to do so. Eventually, his mother (the SDM) consented to a court of treatment and he began to stabilize.
On March 26, 2025, Mr. Baez-Thoonen was transferred to a treatment unit which was better suited to helping him achieve his treatment goals.
Mr. Baez-Thoonen’s current diagnoses as delineated on p. 1 of the Hospital Report are Delusional Disorder, Autism Spectrum Disorder, Substance Use Disorder – In Remission in Controlled Environment and query Post Traumatic Stress Disorder (PTSD).
Evidence at the Hearing
As noted above, the Board had available to it information contained within the documents forming the record as well as the Hospital Report. Pages 18-36 of the Hospital Report outlines information concerning Mr. Baez-Thoonen since he returned to Hospital on February 27, 2025 as well as a risk assessment on pages 28-35.
In addition to the documentary evidence, the Board also had the benefit of the oral evidence of Dr. N. Mokhber. Dr. Mokhber confirmed she had been involved in the assessment and treatment of Mr. Baez-Thoonen, had co-signed the Hospital Report and that she continued to endorse its findings and recommendations.
Dr. Mokhber confirmed that Mr. Baez-Thoonen was admitted to the Hospital from his residence in the community due to a worsening of psychotic symptoms likely secondary to drug use and non-adherence to medication. Mr. Baez-Thoonen has since been reassessed and now carries a diagnosis of Autism Spectrum Disorder (ASD). Dr. Mokhber said that Mr. Baez-Thoonen is on the higher-functioning end of the spectrum. His presentation is now viewed through the lens of his ASD diagnosis which has prompted additional treatment and support focused on addressing the features of his neurodevelopment condition. Dr. Mokhber gave as an example that education around the need for treatment compliance can be provided in a way that he can more effectively process it.
The new diagnosis and focused treatments have had a positive impact overall. Mr. Baez-Thoonen has accepted his new diagnosis and is beginning to develop an understanding of how its features affect his functioning. Mr. Baez-Thoonen’s insight into the connection between his diagnoses and his Index Offence has remained limited in that he continues to believe it was driven by drug use alone. The clinical team will continue to work with him to deepen his insight.
More generally, the doctor described Mr. Baez-Thoonen as doing extremely well and said he was one of the best patients on their unit.
Previous issues of Mr. Baez-Thoonen being non-compliant, suicidal, low mood and using substances have resolved. He now works cooperatively and transparently with the team, completed Cognitive Behavioural Therapy for Psychosiss (CBTp), and all sessions of Dialectical Behaviour Therapy. He recently started working with a psychologist to explore past trauma and PTSD symptoms.
Mr. Baez-Thoonen is forward looking and has expressed an interest in furthering his education and in obtaining paid employment.
Mr. Baez is now adherent to his medication (olanzapine) which is a long-acting injectable antipsychotic. Dr. Mokhber attributed his adherence to his being asked to do so, reinforced by the abstinence term in his Disposition. He will need close supervision in the future to ensure he is still taking his medications, particularly his long-acting injectable medication which is the mainstay of his current stability.
While Mr. Baez-Thoonen continues to have a diagnosis of delusional disorder, the majority of his delusions have resolved, including those that played a role in driving his Index Offence; he now recognizes they were the product of his mental illness and not reality based. All drug and urine screens have come back negative. He denies having any craving for substances. However, he continues to be vulnerable to relapse with opportunity. His ability to remain abstinent in a less structured and supported setting has not been assessed.
Mr. Baez-Thoonen has progressed up the privilege ladder and recently moved to a 12-hour pass with his parents, who are approved persons. All the passes were used with no issues noted. His relationship with his parents has improved. They are both very supportive of him and have completed the process to become approved persons.
With respect to next steps, Dr. Mokhber noted that the treatment team believes Mr. Baez-Noonan is ready to be moved to a rehabilitation unit and they are hopeful that he will transition into the community, likely in a supported setting such as a group home, in the upcoming year. Mr. Baez-Thoonen has expressed agreement with this plan and is very excited about his pending transfer to a rehabilitation unit.
It was noted that if the area to which Mr. Baez-Thoonen can travel on passes can be expanded it would provide Mr. Baez-Thoonen with increased opportunities for locating a residential substance use treatment program, as well as expanding his educational opportunities should he decide to return to school.
Citing the risk assessments in the Hospital Report, Dr. Mokhber acknowledged that there continues to be a low to moderate risk while Mr. Baez-Thoonen remains in hospital and subject to a detention Disposition. This risk increases to a moderate risk if a more liberal disposition such as a conditional discharge were to be granted at this time.
Further, Dr. Mokhber noted that a deterioration in Mr. Baez-Thoonen’s mental health, especially one caused by him being under the influence of substances, would happen quickly as he would not be able to recognize the decompensation immediately while under their influence.
Mr. Baez-Thoonen also remains treatment incapable and his mother is his Substitute Decision Maker (SDM). Dr. Mokhber last assessed Mr. Baez-Thoonen for treatment capacity last month and he continued to be incapable. His capacity to consent to treatment will be assessed on an ongoing basis; Dr. Mokhber expressed hope that he would become capable in the future.
In questions from the panel, Dr. Mokhber indicated she was satisfied Mr. Baez-Thoonen was not malingering his presentation as was suggested in past assessments. Dr. Mokhber explained that Mr. Baz-Thoonen’s way of communicating may have given the impression he was malingering but is shaped by his ASD. Face-masking and restricted affect are all part of the disorder.
Dr. Mokhber indicated that Mr. Baez-Thoonen that he is doing exceptionally well currently. However, he remains stress-vulnerable and will need support to successfully transition from the hospital to living in the community.
Analysis and Conclusions
Having heard and considered all of the evidence and submissions, the Board has no difficulty in coming to a determination that Mr. Baez-Thoonen’s history and constellation of risk factors supports a finding that he poses a significant threat to the safety of the public. In this regard, the Board accepts, in their entirety, the clinical risk assessments and re-offence scenarios set out at pp 28-35 of the Hospital Report, as well as the uncontroverted expert evidence of Dr. Mokhber who has assessed Mr. Baez-Thoonen and worked with him for many months.
Mr. Baez-Thoonen’s risk is multifactorial and flows from his diagnoses of Delusional Disorder; Autism Spectrum Disorder, Substance Use Disorder, in remission in a controlled environment; and Query Post Traumatic Stress Disorder (PTSD). These conditions, operating independently and together, and in the absence of adherence to medication and the necessary degree of support and supervision, make him vulnerable to acting as he did at the time of the Index Offence when mentally decompensated and/or using substances.
Turning to determining the necessary and appropriate disposition, the Board notes that with the changed diagnoses and supportive work of the treatment team, Mr. Baez-Thoonen has made excellent progress since he was admitted to Hospital in February 2025. He has evenloped himself in an array of services, has adhered to his medication, worked cooperatively with Dr. Mokhber and members of his treatment team. To his great credit, he has remained abstinent from substances of abuse.
However Mr. Baez-Thoonen remains incapable of consenting to treatment with antipsychotic medication and his insight into his diagnoses, ongoing need for medication and the connection between his diagnoses, non-adherence to medication and his actions at the time the index offence is underdeveloped. He continues to need support, structure and close monitoring to maintain adherent to medication and abstinent from substances of abuse.
Mr. Baez-Thoonen’s ability to maintain mental stability and abstinence in a less-structured environment such as a group home has not yet been assessed, and the Hospital must retain the ability to return him quickly to hospital in the event of decompensation or threatened decompensation in his mental state, whether by means of substance use, medication non-adherence or illness structure. The next year will present challenges and change as Mr. Baez-Thoonen progresses in his rehabilitation. While his behaviour and overall engagement in treatment augurs well for the future, he remains stress-vulnerable and in need of monitoring, support and structure.
Given the evidence of Dr. Mokhber that any decompensation would happen quickly, the Board finds that the civil commitment provisions of the Mental Health Act, which are retrospective in nature, are insufficiently proactive to permit the Hospital to quickly intervene in the event of actual or threatened decompensation before harm to others occurs. The index offence was very serious and could easily have resulted in injury or death.
In the circumstances the, Board finds that a detention Disposition is the necessary and appropriate legal framework within which Mr. Baez-Thoonen can continue on his very positive trajectory over the coming year.
As for the expansion of passes that allow for entering Southwestern Ontario (rather than just Elgin and Middlesex County) supervised or indirectly supervised, the Board agrees with the treatment team’s opinion that granting these privileges will ensure that Mr. Baez-Thoonen has an opportunity to pursue his education and reintegration goals.
The Board wishes Mr. Baez-Thoonen all the best for the coming year.
In coming to this determination, the Board has considered the criteria set out in s. 672.54 of the Criminal Code, the paramount consideration being the safety of the public, the mental condition of Mr. Baez-Thoonen, his reintegration into society and his other needs.
DATED this 20th day of April 2026, at the City of Toronto, in the Toronto Region.
Ms. T. Mann
Alternate Chairperson
Office of the Registrar
Ontario Review Board