Ontario Review Board
Re: Trevor Caruso
ORB File No: 7874
Hearing held on: Wednesday, December 17, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg Members: Dr. K. Hand Dr. M. Kalia Mr. C. MacIntyre, KC Mr. R. Rainboth
Parties Appearing:
Accused: Trevor Caruso Counsel: Mr. M. Schloss
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 20, 2026)
On April 8, 2021, Trevor Caruso was found not criminally responsible on account of mental disorder, on charges of mischief under, fail to comply with probation (x4), and fail to appear (x3).
Mr. Caruso is currently subject to a Disposition of the Ontario Review Board dated December 20, 2024, by which he was ordered to be detained at the Forensic Service of Ontario Shores Centre for Mental Health Sciences” (“Ontario Shores”) with a number of privileges and prohibitions including a privilege of living in the community in accommodation approved by the person in charge.
On Wednesday, December 17, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the annual review of Mr. Caruso’s Disposition.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Marshall appeared for Ontario Shores. She advised of the hospital’s position that Mr. Caruso remains a significant threat to public safety, and if the Board so finds, the hospital's position is that the necessary and appropriate Disposition is a Detention Order with the terms set out in last year's Disposition. In response to a question from the Alternate Chair as to the level of security should the Board determine its obligation to specify levels of security when making Detention Order Dispositions, Ms. Marshall made it clear that her instructions were to seek a Detention Order to the Forensic Program but suggested were the Board to specify, the hospital would then recommend a Detention Order to the General Forensic Service at Ontario Shores.
Ms. MacDonald appeared for the Attorney General. She first stated her wish to hear the evidence before setting out the Crown's position.
Mr. Schloss appeared for Mr. Caruso. Mr. Schloss indicated that he would be making one request on behalf of his client, namely that his client be permitted to travel for up to four days accompanied by staff or an approved person and with an itinerary approved by the person in charge. In response to a question from the Alternate Chair, Mr. Schloss simply indicated he would not be making any submissions on the issue of significant threat.
Index Offence:
- "Failure to Comply with Probation
On January 8, 2020, Mr. Caruso failed to report to his Probation Officer as instructed. A telephone call was made to his last reported number indicated that he no longer resided at the residence and Mr. Caruso's grandmother advised that his whereabouts was unknown.
On January 10, 2020 Mr. Caruso left a voice mail message for his probation officer indicating that he was staying in a shelter and did not have a fixed address. His whereabouts was unknown. Ministry records confirmed that Mr. Caruso was not in custody from January 8, 2020, to January 17, 2020. Therefore, Mr. Caruso failed or refused to comply with probation by failing to report as directed, contrary to Section 733.1 (1) of the Criminal Code of Canada.
On February 8, 2020, Mr. Caruso was arrested for theft under at the Hudson Bay Company on Yonge St in Toronto. Further investigation revealed that he was wanted on a warrant in the first instance for failing to comply with a probation order and he arrested based on the strength of the warrant.
Mischief Under $5000
On Wednesday April 15, 2020, Mr. Caruso attended the area of Adelaide Street West/Portugal Square in the City of Toronto where Mr. Caruso was observed attempting to steal two bikes that were locked on the STOP sign. He removed the 'STOP' sign and threw it on the ground. He attempted to carry the bikes, but eventually left them behind. The incident was observed and photographed by a civilian witness.
Failure to Comply with Release Order x2; Failure to Comply with Probation.
On May 9, 2020, Mr. Caruso attended his mother's home and repeatedly rang the doorbell. As she was concerned for her safety, she notified the police, who arrived on scene and located him. He was prohibited to attend within 100 meters of his mother’s residence at the time (from December 2019) and from having syringes in his possession. He was also on probation since April 28, 2020. He was arrested, and during the search syringes were found. He was described as incoherent. His mother suspected that he had used methamphetamines.
Failure to Comply with Release Order; Failure to Comply with Probation x2
On May 26, 2020 Mr. Caruso had entered into a Global Release Order. He was to be at his father’s residence at all times unless in the continuous company of his surety, his father, or in a residential treatment program. He was also on probation. On June 5, 2020, around 6 a.m., he was at Trinity Bellwood’s Park. A complainant called police to advise that she believed the accused had exposed himself to her, followed her for a bit then left. When located, he started to walk away from police, but was eventually arrested. He was noted to be shouting and talking to himself while walking away from police. Once stopped, he indicated that he was “just going to his mother’s house. The complainant declined to proceed with charges.”
Evidence at Hearing:
- The Board admitted into evidence the Hospital Report dated December 5, 2025. The Hospital Report provides a great deal of information concerning Mr. Caruso, his personal history, his mental health history, details of the index offences and Mr. Caruso’s course in hospital subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
We do note, however, the stated diagnoses of:
Schizophrenia
Cocaine, Methamphetamine, Cannabis and Alcohol Use Disorders
In addition to the documentary evidence the Board heard from Dr. Chuong. Dr. Chuong has been Mr. Caruso’s most responsible physician since February 2024. That was the date in which Mr. Caruso was transferred to the General Forensic Unit at Ontario Shores. The doctor noted that her patient is being treated with clozapine. Notwithstanding that, he still experiences some symptoms of his illness, but those symptoms have been well managed.
Dr. Chuong drew the panel’s attention to the Hospital Report and the fact that Mr. Caruso was quite engaged in a CBT program that lasted approximately eight or nine months. The doctor is satisfied that Mr. Caruso benefited significantly from that program. The doctor was asked her opinion about Mr. Caruso's insight and the doctor simply noted that his insight with respect to the need for medication is “superficial”.
The doctor noted that historically Mr. Caruso goes AWOL. This has occurred both at Ontario Shores and at CAMH when Mr. Caruso was being detained in that hospital. There was an AWOL in May of 2024. The doctor noted that at that time Mr. Caruso was returned to hospital by the police. The doctor noted, however, that Mr. Caruso has not made any AWOL attempts this past year.
The doctor noted that Mr. Caruso has been using indirectly supervised hospital and grounds privileges. He has done so on at least 100 occasions this year. The doctor noted that Mr. Caruso has not yet used passes to go indirectly supervised into the community.
The doctor noted that in February of this year, Mr. Caruso went on a community outing with his mother who is an approved person. Unfortunately, Mr. Caruso and his mother did not follow the approved itinerary and that was a concern to the doctor.
Dr. Chuong noted that Mr. Caruso's father is a regular visitor and has taken his son to the community and apparently without any problematic behaviour.
In response to questions from Crown counsel, Dr. Chuong acknowledged that Mr. Caruso is on the waiting list for admission to McKay House, a 24-hours supervised facility close to this hospital. Ms. MacDonald asked whether Mr. Caruso is considered ALC, signifying that he is ready to move into the community. The doctor advised that Mr. Caruso is not so designated at this time as Mr. Caruso has not demonstrated his ability to safely use indirectly supervised community passes. In response to further questions from Ms. MacDonald, Dr. Chuong stated her opinion that Mr. Caruso has been safely managed on a General Forensic Unit and can continue to be safely managed on a General Forensic Unit.
In response to questions from Mr. Schloss, Dr. Chuong acknowledged that Mr. Caruso has used his hospital and grounds privileges appropriately. The doctor noted that indirectly supervised community passes would start with a limit of two hours, and if successful, would be permitted for longer than two hours. On a two-hour community pass Mr. Caruso would be required to check in by telephone.
Dr. Chuong agreed with Mr. Schloss’ suggestion that both parents are very supportive. They both visit the hospital. They both take out their son on passes. Dr. Chuong noted that the parents are separated. Dr. Chuong acknowledged that Mr. Caruso's request for a four-day pass to go to Niagara would be for the purpose of Mr. Caruso being able to visit with his maternal grandmother who is in an assisted care facility in the Niagara Region.
In response to further questions from Mr. Schloss, Dr. Chuong acknowledged her opinion that Mr. Caruso can be safely managed on a General Forensic Unit.
In response to questions from a panel member, Dr. Chuong acknowledged that her patient experienced a severe head injury when he was 16 years old. Dr. Chuong understands that the patient lost consciousness at the time of that injury and that there is a possibility that Mr. Caruso experienced a mild traumatic brain injury. Dr. Chuong agreed that a comprehensive neuropsychological evaluation would be beneficial.
No other evidence was heard at this hearing.
The Alternate Chair noted that there were two issues in dispute in this hearing. The first issue concerns whether or not the Board should be specifying the level of security when making a Detention Order, and if so, in this case what level that would be.
The second issue concerned what changes would be appropriate with respect to the current provisions for community passes and including whether the Board should allow a four-day pass with an approved person and for the purpose of Mr. Caruso being able to visit his grandmother in Niagara.
With respect to the first issue, Ms. Marshall repeated that her instructions are to ask for a Detention Order to be made to the Forensic Program. Ms. Marshall agreed that were the Board to specify based upon the evidence, the necessary and appropriate Disposition would be detention to a General Forensic Unit at this hospital.
With respect to the request for a four-day pass to travel to Niagara, Ms. Marshall simply noted that she was unable to get any instructions on this issue and would simply leave this issue to the discretion of the Review Board.
Ms. MacDonald advised that having heard the evidence, she supports the Board’s Disposition be directed to detention on a General Forensic Unit at this hospital. She did express some concern about a four-day travel privilege. Ms. MacDonald also noted an issue that the current Disposition permits travel to the community of Durham within 100-kilometer radius of Ontario Shores. She noted that giving such privileges to the community of Durham would effectively prevent Mr. Caruso to travel to the communities of Toronto and Thornhill. The Board understands that one parent lives in one location and the other parent in the other location. The language of limiting travel to Durham would prevent travel to Niagara.
Mr. Schloss supported the panel making a Disposition directing detention on a General Forensic Unit. Mr. Schloss urged the panel to expand and clarify the current privileges available to his client.
Findings of the Board
The Board has no hesitation in directing Mr. Caruso to be detained in a General Forensic Unit at Ontario Shores.
This panel is well aware that in each and every detention situation it is the hospital’s practice to request detention to the Forensic Service of Ontario Shores.
In this regard, the panel notes the provision of s. 672.54(c):
“By order, direct that the accused be detained in custody in a hospital, subject to such conditions as the court or Review Board considers appropriate.”
It is significant that the legislation specifically states such conditions as the court or Review Board considers appropriate and does not include the hospital on this issue. We will accordingly direct detention to the General Forensic Service of this hospital.
We note Mr. Schloss’ request for an expanded pass for Mr. Caruso to visit his grandmother who apparently is in long-term care in the Niagara Region. We have concluded to include a pass that would permit such a visit. We do not agree to a four-day pass. Our Disposition shall include for a pass up to 48 hours to travel to the Niagara Region for Mr. Caruso to be able to visit with his grandmother, while accompanied by staff or an approved person and subject to the prior approval from the person in charge or his or her designate.
We have also modified the existing privileges by deleting the words “of Durham”. Hopefully, this will permit Mr. Caruso to continue to have passes with each of his parents and perhaps visit at their homes.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Caruso’s mental condition and his other needs, and Mr. Caruso’s reintegration into society.
DATED this 20^th^ day of January 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board