Ontario Review Board
Re: Emanuel Sutherland
ORB File No: 8140
Hearing held on: Tuesday, December 16, 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. C. MacIntyre, KC
Members: Dr. K. Hand Dr. M. Kalia Mr. J. Goldenberg Mr. R. Rainboth
Parties Appearing:
Accused: Emanuel Sutherland Counsel: Mr. M.C. Bebee
The person in charge of hospital: Counsel: Mr. K. Dow (attending by Zoom)
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 21, 2026)
Introduction
On September 6, 2022, Emanuel Sutherland was found not criminally responsible on account of mental disorder on charges of failure to comply with probation order, possession of weapon for dangerous purpose, breaking and entering with intent, committing an indictable offence re: dwelling house (x2), prowl by night and robbery with weapon, all contrary to the Criminal Code.
Mr. Sutherland is currently subject to an Ontario Review Board Disposition of December 18, 2024, which discharges him subject to conditions including that he reside in supportive housing associated with the Canadian Mental Health Association.
On December 16, 2025, the Ontario Review Board convened at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) to conduct Mr. Sutherland's annual review and to make a disposition further to s. 672.81(1) of the Criminal Code. At the outset of the hearing, all parties jointly agreed that Mr. Sutherland no longer represented a significant threat to the safety of the public and ought to be absolutely discharged.
Following the hearing of the evidence, the Review Board concluded that Mr. Sutherland no longer met the criteria for a significant threat to the safety of the public and that he must be absolutely discharged.
Index Offences
- The Reasons for Disposition of December 18, 2024, outline the index offences as follows:
“On February 24, 2022, at approximately 2:10 a.m., Mr. Sutherland entered a residence by breaking out a south-facing window. He walked through the residence to an upstairs bedroom where he woke the female victim #1 by turning on the light and yelling to her to call the police. Her parents, sleeping in another bedroom, were awakened by the commotion. They noticed Mr. Sutherland standing in front of victim #1’s room.
He was asked to leave and replied that he was being attacked by a male with a gun and asked them to call the police. He then went downstairs. He was observed to be bleeding and he was carrying a large knife. He eventually exited the residence through a north-facing door off the kitchen.
He then walked to the second victim’s residence and banged on the front door, yelling to be let in. He continued to bang on the door until the lock broke and he entered the premises. Victim #2 observed Mr. Sutherland in his living room holding a knife. He demanded to have victim #2’s phone unlocked while holding the knife up toward victim #2. After the passcode to the telephone was provided, Mr. Sutherland exited the residence and proceeded to the Petro Canada gas station in Cobourg where he frantically rang the bell to gain entry. He entered the gas station and while holding the knife demanded a phone so he could call the police. He retrieved the phone from behind the counter and proceeded to call 911. He was on probation at the time.”
Background
A Hospital Report of November 25, 2025, was filed as an exhibit to this hearing. It contains considerable detail regarding his interactions with the criminal justice system, his medical and psychiatric history and some personal background. The Hospital Report should be referred to for detail.
Mr. Sutherland is now 32 years of age and carries a diagnosis of schizophrenia. At last year's annual review, he had been discharged conditionally to reside in a CMHA supportive housing. He had been switched to a long-acting injectable medication and his mental illness had essentially been in remission. Mr. Sutherland's insight was described as robust and he was working on his high school credits and enjoyed the support of his parents.
Evidence
Dr. Wang testified on behalf of the hospital. Dr. Wang has been Mr. Sutherland's outpatient psychiatrist for about two years. He is a signatory to the Hospital Report and adopts its content.
Dr. Wang most recently met with Mr. Sutherland the week before the hearing. As an update to the hospital report, he advises that a planned start for Mr. Sutherland’s school semester has been postponed to January of next year. He has done well academically to date. Mr. Sutherland also had a plan to move to independent housing early in the year. This too is put forward for a few months so that he can arrange appropriate financing for this.
Dr. Wang testified that Mr. Sutherland has had an excellent year on top of the prior excellent year. He has been living in the community successfully since 2023.
Dr. Wang endorses the hospital report’s expression that Mr. Sutherland has demonstrated “exceptional stability and compliance”. He is in full remission from all psychiatric symptoms. Since February 2025, he has self-managed his medications. He continues to have excellent insight and is focused on completing his high school diploma.
In general, Mr. Sutherland is considered a low risk to re-offend violently in the community.
Dr. Wang describes Mr. Sutherland as the “face of Ontario Shores” and as a symbol of rehabilitation success. Dr. Wang enthusiastically supports Mr. Sutherland’s Absolute Discharge.
Currently Mr. Sutherland is followed up by the CMHA Nurse Practitioners’ Clinic where he gets his usual injection and follow-up care. There are no psychiatrists in this group, however the practitioners are very familiar with Mr. Sutherland as he has routinely been compliant with injections and visitations.
Dr. Wang was questioned about what psychiatric support Mr. Sutherland might have if he is absolutely discharged. Dr. Wang does not think that there is any psychiatrist associated particularly with the nurse practitioners’ group and to his knowledge there is no psychiatrist in the community that has been contacted to be a source of support for Mr. Sutherland should he need it.
Dr. Wang acknowledges that psychiatric resources in civil society are few and far between. He agreed, however, to make himself available to Mr. Sutherland with other members of the forensic outpatient team for the few months following Mr. Sutherland’s absolute discharge and while he transitions to independence.
Dr. Wang asserts that the critical piece for maintaining Mr. Sullivan’s stability is to continue with medication. This he has done consistently and Dr. Wang expects that he will continue to do so.
Ms. MacDonald points out that Mr. Sutherland's parents, who have been totally supportive, are quite aware of his mental illness and have been involved and would undoubtedly seek out psychiatric help if needed if Mr. Sutherland himself does not do so.
Ms. MacDonald asked Dr. Wang if Mr. Sutherland had a relapse prevention plan. Dr. Wang seemed to be vague about how to respond to this other than acknowledging that Mr. Sutherland's has had “robust insight” for some time into the nature and symptoms of his illness and what is necessary to treat it.
Decision
The Board finds that the evidence strongly supports that Mr. Sutherland no longer meets the Winko test of significant threat to the safety of the public. Accordingly, he must be absolutely discharged. A concern of the Board is that although Mr. Sutherland has had and will have considerable support from the CMHA Nurse Practitioners’ Clinic, there was no plan to have a psychiatrist in place if he is absolutely discharged and living independently in the community.
This concern was partially answered by Dr. Wang who agreed that if needed, his psychiatric support and that of his out patient service colleagues would be available to Mr. Sutherland for two or three months after a discharge. But significantly, Mr. Sutherland asked to address the Board panel about this issue. He indicated a clear awareness of the Board's concern and gave a commitment to work with his parents and the Nurse Practitioners’ Clinic to locate and engage a psychiatrist as a resource for him in the community upon his Absolute Discharge.
The Board is impressed with the progress that Mr. Sutherland has made and pleased to absolutely discharge him from the Ontario Review Board.
DATED this 21st day of January 2026, at the City of Toronto, in the Region of Toronto.
Mr. C. MacIntyre, KC Alternate Chairperson
Office of the Registrar Ontario Review Board