Re: Ricardo Cardona
Re: Ricardo Cardona
ORB File No: 7996/8014
Hearing held on: Thursday, April 9, 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: Hon. N. Kozloff Dr. J. Kis Dr. A. Kerry Mr. S. Doherty
Parties Appearing:
Accused: Ricardo Cardona Counsel: Mr. T. Whillier
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated May 21, 2026)
Introduction
On December 13, 2021, Mr. Ricardo Cardona was found not criminally responsible on account of mental disorder, on charges of dangerous operation of a motor vehicle, and obstructing or resisting a police officer, both contrary to the Criminal Code of Canada (“Criminal Code”). On January 20, 2022, Mr. Cardona was found not criminally responsible on account of mental disorder, on charges of assault, fail to comply with release order, and utter threats to cause death, all contrary to the Criminal Code.
Mr. Cardona is subject to a Disposition of the Ontario Review Board (“the Board”), dated February 27, 2025, which ordered that he be discharged conditionally with a residence clause.
On April 9, 2026, the Board convened a hearing at the Centre for Addiction and Mental Health, Toronto, (“CAMH” and “the hospital”) to conduct the annual review of the current Disposition.
Mr. Cardona was present at the hearing and was represented by counsel, Mr. T. Whillier.
The Alternate Chairperson noted that the Board had before it a number of documents that included both the previous Disposition and previous Reasons for Disposition. A Hospital Report authored by Dr. Padraig Darby, dated January 23, 2026, (the "Hospital Report"), was entered as Exhibit 1.
The issues at this hearing were whether Mr. Cardona is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code, and, if so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the expert evidence and opinions before us, the Board concluded that Mr. Cardona continues to represent a significant threat to the safety of the public. The Board found that the necessary and appropriate Disposition in the circumstances is no change i.e. a continuation of the existing Conditional Discharge with a residence clause.
Positions of the Parties
At the outset of the proceedings the parties provided their initial without prejudice positions.
On behalf of the hospital, Dr. Darby posited no change to the current Conditional Discharge with residence specified. Counsel for the Attorney General took the same position.
Counsel on behalf of Mr. Cardona asked for an Absolute Discharge and if not, for removal of the residency clause.
Background and Personal History
- The details of Mr. Cardona’s background and personal history are set out in the Hospital Report and need only be briefly summarized:
He is a 49-year-old male, born in El Salvador, the eldest of three children.
He and his family immigrated to Canada in 1992.
He graduated from high school in Kitchener and completed a mechanic’s course at Conestoga College.
He married in 2000. He and his wife share two adult children. Mr. Cardona’s sister advised that he had also fathered a son in a previous relationship.
He owned his own auto mechanic business and ran a commercial cleaning operation. He was quite successful until the COVID-19 pandemic.
He has not seen his wife or their children since an incident one night in in 2018 when he took his family out in the car, took their cell phones away, and told them that “their souls will be cleansed at midnight”. The police were alerted, and Mr. Cardona was brought to and admitted “for the safety of