Re Kleiton DaSilva, 2026 CanLII 45681

Re: Kleiton DaSilva

ORB File No: 6108

Hearing held on: Tuesday, April 7, 2026

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Ms. C. Fromstein

Members: Dr. J. Kis

Dr. A. Kerry

Hon. N. Kozloff

Mr. S. Doherty

Parties Appearing:

Accused: Kleiton DaSilva

Counsel: Ms. C. Whillier

The person in charge of hospital: Counsel: Ms. S. Rosales-Zelaya

Attorney General of Ontario: Counsel: Mr. D. Brandes

REASONS FOR DISPOSITION

(Dated May 13, 2026)

Introduction

1. On May 2, 2012, Mr. Kleiton DaSilva was found not criminally responsible on account of mental disorder (“NCR”) on charges of second-degree murder, and aggravated assault, contrary to the Criminal Code of Canada. He is currently subject to a Disposition dated May 5, 2025, detaining him at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (“CAMH” or “hospital”), subject to conditions up to and including living in the community in accommodation approved by the person in charge.

2. On April 7, 2026, a panel of the Board convened at CAMH to review that Disposition. Mr. DaSilva was present at the hearing and represented by counsel, Ms. Whillier. A Portuguese interpreter was in attendance to assist Mr. DaSilva. He confirmed that Mr. DaSilva indicated that he wished to proceed with the hearing in English but would ask for interpretation on an as needed basis. The hearing proceeded in this manner.

3. The purpose of the hearing was to determine whether Mr. DaSilva meets the threshold test of significant threat, and if so, to create a disposition that is necessary and appropriate. At the outset of the hearing all parties jointly submitted the position that the disposition should continue with one change, namely reducing his frequency of reporting to not less than once every two weeks. Mr. DaSilva did not contest the issue of significant risk.

4. For the reasons set out below, the Board concluded that Mr. DaSilva continues to pose a significant threat to the safety of the public and the necessary and appropriate disposition is that he remain subject to his existing detention order with the variation as jointly requested of reduced reporting of not less than once every two weeks.

Index Offences

5. The index offences can be summarized as follows: On May 4, 2009, Mr. DaSilva was in his residence socializing with the two victims, all of whom were engaged in the use of crack cocaine. A physical confrontation occurred during which Mr. DaSilva stabbed both victims. One was injured fatally, and the other was treated in hospital for a stab wound.

Evidence at the Hearing

6. The evidence at the hearing was comprised of the Hospital Report dated March 5, 2026, and the testimony of Dr. Valoo, Mr. DaSilva’s treating psychiatrist.

Background and Personal History

7. The details of Mr. DaSilva’s background and personal history are set out in the Hospital Report and need not be repeated. Briefly summarized, he is currently 50 years of age. He was born in Brazil and moved to Canada in 2005. He maintains Brazilian citizenship and has been denied refugee status in Canada. t According to the Hospital Report, Mr. DaSilva was already suffering from an addiction to substances at the time he moved to Canada at age 30. He had been using alcohol and crack cocaine since the age of 16. At the time of the index offence, he was drinking heavily, and had increased his cocaine use to smoking crack daily. His use of substances increased his auditory hallucinations. Mr. DaSilva has a criminal record which includes multiple convictions for assaults and threatenings, some of which took place after the index offence while he was in custody. Subsequent to his finding of NCR in 2012, Mr. DaSilva in 2019 went AWOL from CAMH while on an indirectly supervised pass. He used crack cocaine and refused to return to the hospital and while AWOL he robbed a store with a knife and then committed a violent robbery of a bakery.

8. He was transitioned to CAMH from the jail in November 2020. It is reported that Mr. DaSilva was experiencing auditory hallucinations since the age of 24. He had been treated in Brazil for his mental illness and upon arrival in Canada was given medications which he took only for eight months because they were too expensive for him to continue.

9. Mr. DaSilva’s current diagnoses are schizophrenia and polysubstance (cocaine, cannabis and alcohol) use disorder in remission in a controlled setting.

10. Mr. DaSilva was discharged to the community in January 2025. He is capable with respect to his psychiatric treatment and is currently maintained on injectable antipsychotic medication. He was discharged to community living in January 2025 to a highly supervised setting. He has generally been medication compliant but on occasion in the past treatment year he has declined his oral medication. During the past year he indicated that he would not come to hospital for several months but then he settled. It is reported that he has handled conflicts with his co-residents appropriately and he assists with home maintenance.

11. Mr. DaSilva has been unable to access employment or certain programs because of his non-residence status. He is not eligible for OHIP. He has maintained contact with his mother and son who reside in Brazil. They own property in Brazil, and his mother was able to visit him in the past treatment year. The Hospital Report sets out the hospital position that Mr. DaSilva requires a detention order disposition to manage his risk which is deemed to be moderate with community living on a detention order. Should he be transitioned to a conditional discharge, there would be an increased risk of physical harm.

12. Dr. Valoo testified that it is the view of the treatment team that Mr. DaSilva’s current disposition is working very well for him and this has been shown by his clinical course of improvement. Despite some challenges his transition to community living has been successful. The disposition allows him a high level of support to navigate and overcome challenges which, in her opinion, would escalate in the absence of these supports. It is based on the recognition of his improvement that the recommendation is made for reduced reporting requirements. The team could increase the reporting if they deemed it necessary; based on his baseline, reporting not less than once every other week is appropriate.

13. Dr. Valoo noted that he is on a waitlist for a housing change to less supervised accommodation. Notably the Good Shepherd representative attended the hearing. He is waitlisted for reduced intense housing through Good Shepherd which would likely afford him more space and privacy as well as better connection with public transit and some community programming. Notably a change of residence can be destabilizing which highlights the importance of maintaining a detention order.

14. In the past year Mr. DaSilva had an accident where he was hit while riding his bicycle. He did not suffer any head injury in the accident. He attended at emergency but left due to concerns about payment for treatment.

15. His current housing provides 24/7 supervision. The proposed Good Shepherd housing would likely be his own apartment; he would have a case manager in addition to the outpatient support of the Forensic Outpatient Service (“FOS”).

16. Mr. DaSilva engaged in some individual counselling in the past year for substance abuse which ended in October 2025. He continues to have some cognitive rigidity and interpersonal difficulties. Dr. Valoo testified that it is possible that through CAMH he might be able to access additional programming to bolster his social skills. These groups are offered in person at CAMH and his distance from the hospital has been a bit of a barrier for his attendance. He does have regular meetings with his case manager that focus on emotional regulation, social skills and communications. Dr. Valoo indicated that they could re-refer him for individual counselling.

17. Mr. DaSilva has a vulnerability to stress. His legal status in Canada has been a contributor in the past year but is less so at present. The team has made advances by connecting him to interim federal health programming to receive some health insurance for some medical costs. He continues to receive legal representation to get a temporary residence permit in Canada. He has limited social support in the community due somewhat to his language barrier, but his language skills have vastly improved in the past year with the assistance of his clinical team.

18. Dr. Valoo was asked if Mr. DaSilva could be connected with a Portuguese-speaking community worker. Efforts to identify opportunities for greater peer support in community connections remain ongoing.

19. Mr. DaSilva has not expressed any desire to return to Brazil, and his expressed goal is to integrate in Canada. His brother and sister reside here. If in the future he was granted any privilege to visit his mother in Brazil he would be, due to his status, unable to return to Canada.

Submissions

20. All parties maintained their initial positions. Ms. Rosales-Zelaya, on behalf of the hospital, Mr. Brandes, on behalf of the Crown, and Ms. Whillier commended Mr. DaSilva on his progress in the past year working with the team. This is reflected in their joint submission that his reporting can be reduced as well as reduced supervision in his housing.

Analysis and Conclusion

21. The Board has considered and accepts the evidence before us. On this basis and in consideration of the joint position of the parties, the Board finds that Mr. DaSilva continues to pose a significant threat to the safety of the public. Mr. DaSilva has a significant history of violence driven by psychosis, at times exacerbated by his use of alcohol and illicit substances. He has acted out violently towards acquaintances, co-patients, hospital staff and strangers. The index offence is among the most serious. When unwell he unquestionably poses a real risk of engaging in significant violent behaviour and causing serious physical or psychological harm to others. The evidence before us is that Mr. DaSilva currently represents a moderate risk for violent recidivism on a detention order. This risk would likely escalate considerably should he engage in substance use or discontinue his prescribed medication. The evidence is that Mr. DaSilva remains vulnerable to destabilizers such as stressors.

22. He has over the past year remained compliant with his long-acting antipsychotic medication and has not presented with violence or aggression. He has remained abstinent from alcohol and illicit substances. Mr. DaSilva has been successful in his discharge to community living and it is reported that he has transitioned well. He has not required any hospital readmissions. In recognition of this, Mr. DaSilva is on the waitlist for less strictly supervised housing that would afford him greater independence in the community and more living space as well as allowing him greater transit access. This would also allow him easier access to attend at the hospital for ongoing programs. The evidence is clear that a conditional discharge is not appropriate at this time to manage Mr. DaSilva’s risk. The Board finds that the existing detention order remains necessary and appropriate to safely manage his risk to public safety. The Board accordingly supports the joint position for a continuation of Mr. DaSilva’s detention order with one variation, namely reducing his requirement of reporting to not less than once every two weeks.

23. In coming to our conclusion, we are cognizant of the provisions of s. 672.54 and the need to protect the public from dangerous persons as well as Mr. DaSilva’s mental condition, his reintegration into society and his other needs.

DATED this 13th day of May, 2026, at the City of Toronto, in the Toronto Region.

Ms. C. Fromstein

Alternate Chairperson

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Office of the Registrar

Ontario Review Board