Re Sosriwin Sritharan, 2026 CanLII 48372

Re: Sosriwin Sritharan

ORB File No: 8868/8684

Hearing held on: Tuesday, March 31, 2026

Place of hearing: Royal Ottawa Mental Health Centre

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

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. R. Kunjukrishnan

Dr. G. Nexhipi

Ms. B. Naegele

Ms. R. L. Louis

Parties Appearing:

Accused: Sosriwin Sritharan

Counsel: Ms. K. Dossetor

Person in charge of hospital: Representative: Dr. A. Alabi

Attorney General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated April 16, 2026)

Introduction

1. On November 22, 2024, Sosriwin Sritharan was found not criminally responsible on account of mental disorder on a charge of criminal harassment contrary to subsection 264(3) of the Criminal Code of Canada (“Criminal Code”).

2. On December 11, 2024, Mr. Sritharan was also found not criminally responsible on account of mental disorder on two counts of assault, two counts of assault with a weapon, and one count of break and enter contrary to section 266, subsection 267(a), and paragraph 348(1)(a), respectively, of the Criminal Code.

3. Mr. Sritharan is currently subject to a disposition of the Ontario Review Board (“ORB”) dated February 10, 2025, which detains him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre, in Ottawa (“Hospital”). The disposition provides Mr. Sritharan privileges up to and including that of living in the community in accommodation approved by the person in charge of the Hospital.

4. On March 31, 2026, the ORB convened at the Hospital to conduct Mr. Sritharan’s annual review hearing, pursuant to subsection 672.81(1) of the Criminal Code. Mr. Sritharan was present and was represented by counsel, Ms. K. Dosseter. The Hospital’s report dated January 19, 2026, was entered as Exhibit 1 for the hearing (Hospital Report).

5. The issues before the Panel are: (1) whether Mr. Sritharan continues to represent a significant threat to public safety, and if so, (2) to determine the necessary and appropriate disposition to manage his risk for the coming year.

6. The parties provided their preliminary positions at the outset of the hearing.

7. The Hospital recommended the continuation of Mr. Sritharan’s detention order that is currently in effect, which includes privileges up to living in the community in accommodation approved by the person in charge. The Hospital also recommended that conditions 2j), 2k), and 2l) of the current disposition concerning travel passes, be amended to permit travel within Quebec. The current disposition already permits Mr. Sritharan to travel within Ontario.

8. Counsel for the Attorney General indicated that she anticipated being in agreement with the Hospital’s recommendation.

9. Mr. Sritharan’s counsel agreed with the Hospital’s recommendation.

10. The parties presented a joint position based on the Hospital’s recommendation at the end of the hearing.

11. Below are the reasons the Panel finds: (1) that Mr. Sritharan continues to pose a significant threat to public safety and (2) that a detention order with privileges up to living in the community in an accommodation approved by the person in charge of the Hospital, is the necessary and appropriate disposition. Mr. Sritharan’s detention order will also be amended to reflect that his travel passes permit travel within Quebec. As mentioned above, his travel passes already permit travel within Ontario.

Evidence

12. The evidence at the hearing originated from two sources: the Hospital Report and Dr. Alabi’s testimony. The Hospital Report includes, among other information, a summary of the index offences, details of Mr. Sritharan’s personal, family, criminal, and psychiatric history, and an update on Mr. Sritharan’s circumstances for the reporting year.

Index Offences

13. Below is a summary of the index offences, reproduced from last year’s Reasons for Disposition:

“Criminal Harassment

The accused, Sosriwin SRITHARAN met the victim in August of 2022 through a mutual friend within the Sri Lankan community, in which they played on a volleyball team together. SRITHARAN and the victim hung out twice during that summer, one time playing chess at Hog's back and the other with a group of friends as the victim felt uneasy from their time alone playing chess.

The victim distanced herself from the accused and states that in October of 2022 the accused escalated his behaviour by calling and texting her numerous times. During one of the phone calls the victim explained that the accused was yelling at her and using profane language such as "fuck you, I hate you" and would then quickly switch to remorse saying, "You are such a different girl".

The victim continued to try and distance herself but continued to receive text messages and phone calls from the accused until she told the accused in August of 2023 that she no longer wanted him to contact her.

On January 14th, 2024, the accused contacted the victim by text message and apologized for his behaviour and the victim explained that she no longer wanted any communication going forward.

On February 5th, 2024, the accused attended the victim's residence, blasting music from his vehicle, and knocked on the door asking to speak with the victim. He was advised by the grandfather that she was not home, and he left.

On February 6th, 2024, the accused contacted the victim again by text message asking to see her. He stated that he was not going to leave Ottawa until he saw her. Later in the day she received another text message from the accused stating he will come see her in a bit. That evening at approximately 18:30 hours the accused attended the victim's residence and rang the doorbell. The victim's father was home and answered the door, requesting the accused leave. The accused left without any further incident.

On February 18th, 2024, the accused attended the victim's residence at approximately 23:30 hours and knocked on the door where the victim's father answered the door. He requested the accused leave and not return again.

On February 28th, 2024, Det. M. CUDRASOV attended the accused's residence and spoke with him advising him to cease all further communication in which the accused agreed and advised he would stop.

On March 14th, 2024, the accused attended the victim's residence and a call for service was placed with OPS at 20:41 hours. The father of the victim recognized the accused through the front door window and told him to leave. The accused remained on the front step for 40-60 minutes before leaving. Police arrived at 22:50 hours and obtained a report along with statements.

On March 18th, 2024, the father of the victim installed a camera facing toward the front door as they fear for their safety.

On March 20th, 2024, the accused attended the victim's residence and rang the doorbell numerous times. A call to OPS was placed at 22:57 hours to have Officers attend. Once on scene the accused had departed on foot. Cst. SZTOMPKA attended the accused's residence and located him walking home, where he was subsequently arrested at 23:52 hours.

Assault x2, Assault with a Weapon x2, Break and Enter Dwelling:

On Monday, April 15, 2024, at 21:00 HRS, police responded to a disturbance call at 404 Temiskaming Cres. in city of Ottawa. Caller, Prasanya Muralithas, reports someone in the house hurting her family. Police arrive on scene and the accused is pointed out to them. The accused had a knife in his hand when arrested. He was transported to Central cells.

Officer's then spoke with involved parties. The accused is a family member who has been kicked out of house due to his behavior and mental health issues. Tonight, he attended the residence and attempted to gain access. He used a knife to break the glass window in the door. Tharsika Markandu attended to the door and attempted to keep the door locked. The accused had dropped the knife and proceeded to throw glass at Tharsika.

At same time another family member living across the street, at 409, returned home. Sivalingarasa Muralithas saw the accused and heard glass break and went to assist as his child was in the house. He observed the door window broken and occupants inside to be scared. The accused was outside wielding a knife and approached him saying that the family would die tonight. He ran to another neighbor for help.

Prasanya Muralithas was at home across the street when her husband, Sivalingarasa, returned home. He said he had seen accused across the street and heard glass breaking. They went to assist. She observed husband try to restrain accused. She went to go by into house when the accused kick her in stomach. She ran back to house and called 911. She observed the accused kicking at her husband.

The neighbor from 406, Sean McCoy, answered door and received request for assistance from Sivalingarsa. He observed accused standing on porch of 404 with a bloody hand. Accused asked if he wanted to die. The accused was still trying to enter 404. The accused reaches for a knife in his bet asking if MCCoy wants any on this. McCoy retrieves skateboard for protection.

Accused again tries to access 404 and then police arrive to arrest accused.”

Personal and Family History

14. The Hospital Report provides that Mr. Sritharan was born in Sri Lanka, and moved to Chennai, India when he was 5, with his maternal grandparents, two maternal aunts, and his older sister. Mr. Sritharan witnessed his mother die by suicide. He did not know his father while growing up. Mr. Sritharan remained in Chennai for approximately 8 months before going to Singapore with his older sister and a maternal aunt. Mr. Sritharan travelled through several countries with his older sister and maternal aunt, before arriving in France. Mr. Sritharan and his sister lived in foster care and shelters while travelling through other countries, including France, before arriving in Canada at the age of 9.

15. In 2010, Mr. Sritharan and his sister came to Ottawa to make refugee claims. Mr. Sritharan resided with his aunt and cousins in Ottawa until he finished high school.

16. After dropping out of college, he moved to Toronto to live with his sister and her husband for one year. He then returned to Ottawa to be closer to family, friends, and his girlfriend. When he returned to Ottawa, he lived with housemates. From October 2022 until July 2023, he returned to Toronto to live with his sister, because of a self-described “bad shrooms trip” and depressive episode, which led to “odd thinking” including that he could travel to visit his mother. Thereafter, he returned to Ottawa to live with his grandmother and aunt.

17. Mr. Sritharan was in a serious relationship for 3 years, beginning when he was 19.

18. Mr. Sritharan worked in Ottawa for about 4 years as a medical courier, full-time, and sometimes on call. He took a break from this job for approximately 7 months due to experiencing mental health challenges. He returned to work after returning from Toronto in July 2023, while living with his sister. He worked as a medical courier until January 2024. He then worked doing food delivery but stopped after 5 days as he did not enjoy it. He remained unemployed, and financially supported by his grandmother, until he was incarcerated.

19. On page 36 of the Hospital Report, there is an entry from his occupational therapist, dated January 2026. It indicates that Mr. Sritharan would like to mend his relationship with his grandmother. It also indicates that he has maternal family in the Ottawa area, a sister in Toronto who will be relocating soon, and that he would like to eventually live with his uncle who lives in the Ottawa area. The entry also indicates that at present, the family is not ready to work on repairing the relationship. Still, his sister continues to support him at case conferences.

Criminal History

20. There are no records to suggest that Mr. Sritharan has been charged or convicted for any offences, prior to the index offences.

Psychiatric History

21. On February 9, 2024, Mr. Sritharan had an emergency psychiatric assessment at the Queensway-Carleton Hospital (“QCH”) after his sister made an emergency call for assistance due to Mr. Sritharan’s suicidal thoughts. This was his first time seeing a mental health professional, and he had not previously been prescribed psychotropic medications. While cooperative during the assessment, he claimed not to remember the situation that led his sister to place the emergency call for assistance. He had used mushrooms, cannabis and alcohol the day prior.

22. From May 22-27, 2024, Mr. Sritharan was admitted to QCH. His sister obtained a Form 2, as he uttered threats, and threatened family members with a kitchen knife. He had been arrested the day before for harassing a woman from his volleyball team, whom he claimed was his wife. Mr. Sritharan’s sister described some of his behaviours in the previous six months: threats, he would only eat three “safe” foods, he would only wear green clothing, he stated that they were all in the matrix, and that he could communicate, telepathically, to animals and they would speak to him. To the emergency psychiatrist, he stated he had special powers that he first became aware of one month prior. He also stated that his deceased mother was inside the woman he was harassing.

23. On June 24, 2024, during his psychiatric consultation at the Ottawa-Carleton Detention Centre (“OCDC”), Mr. Sritharan reported that he could hear animals speak to him in January 2024. He reported it happened more when he used mushrooms, but he could still hear the animals when he was sober after January 2024. He spoke of other themes including living in a game or simulation, and his belief that people have been trying to take his special abilities away from him, through sexual interactions.

24. Mr. Sritharan’s current diagnoses are:

25. Schizophrenia

26. Unspecified Trauma and Stressor-Related Disorder

27. Cannabis, Alcohol and Hallucinogen Use Disorder – in forced remission

Update for Reporting Year

25. The Hospital Report includes an update on Mr. Sritharan’s circumstances beginning at page 33. It provides that Mr. Sritharan remained at OCDC after his ORB hearing on January 23, 2025, until he was transferred to the Integrated Forensic Program at the Hospital on June 30, 2025. This was due to a delay in bed availability.

26. On April 15, 2025, Mr. Sritharan declined his monthly antipsychotic injection. He explained that he did not need or want it. He reported no side effects. He continued to decline the injection until approximately the end of May 2025, without reason.

27. On May 23, 2025, Dr. Wood visited Mr. Sritharan at OCDC due to his non-compliance with the injection. Mr. Sritharan stated that he declined the injection because he does not believe he has schizophrenia, and that he lied about his mental state leading to the index offences. He later admitted that he was “lying and lying” and thought that if he could convince Dr. Wood that he does not have schizophrenia, that he would be released earlier from OCDC or have the court’s finding that he is not criminally responsible reversed. Mr. Sritharan ultimately acknowledged the injection helped rid him of the voices he heard, and they have not since returned. Later than day, he agreed to start the injection, and received it. Dr. Wood noted that Mr. Sritharan appeared to be distracted by unseen stimuli in the interview room, noting potential decompensation. His mental state remained stable for the rest of his time at OCDC.

28. Mr. Sritharan remained in remission of schizophrenia when admitted to the Hospital in June 2025. He has been abstinent from intoxicants, including cannabis, stimulants and alcohol. He has also remained complaint with his injection and prescribed medications, reporting no side effects. He engaged in recommended treatment interventions. As a result, he was recommended for transfer to the Forensic Rehabilitation Unit (“FRU”) and began escorted walks on Hospital grounds while awaiting transfer.

29. On August 25, 2025, a co-patient attacked Mr. Sritharan. It was confirmed through closed-circuit television that the co-patient was the aggressor. Mr. Sritharan agreed to mediate with the co-patient.

30. On September 11, 2025, Mr. Sritharan was transferred to the FRU. In December 2025, he was accepted into the Lebreton Transitional Rehabilitation Program. The plan was for him to transition to Lebreton in January 2026; however, it became evident that the transfer was unlikely until February or March 2026. Given his mental stability and the need for a bed in the Forensic Service, he was transferred to the Crisis Team on January 6, 2026.

31. The Hospital Report notes that since the date he was transferred to the Crisis Team, until the date of the Hospital Report, there were no significant management concerns. His psychosis remained in remission. There is no evidence of substance or alcohol use, and he continued to be compliant with his medications. He also attended recommended activities, including a weekly concurrent disorders group, addictions-based programming, and used community privileges appropriately.

32. The Hospital Report also includes a Violence Risk Assessment, at pages 29-31, which is confirmed at page 39. Based on Mr. Sritharan’s historical risk factors and future risk factors, he presents a moderate risk of future violence, specifically, threatening others and criminal harassment.

Dr. Alabi’s Testimony

33. Dr. Alabi provided evidence for the Hospital at the hearing.

34. Dr. Alabi testified that Mr. Sritharan:

a. shows consistent therapeutic engagement;

b. is currently at the Crisis Mood and Disorders Unit and he meaningfully participates when he attends;

c. is compliant with his medications and has not reported any side effects;

d. has not had any aggressive incidents, urges, nor cravings for cannabis, alcohol, or other illicit substances;

e. needs to renew his permanent residency status, and plans to obtain photo identification; and

f. plans to study plumbing at Algonquin College.

35. Dr. Alabi also testified that on the morning of the hearing, he reached out to the Lebreton Transitional Home for an update. He was advised that in the next 1-2 months, two patients at Lebreton will be leaving. Therefore, Mr. Sritharan may have the opportunity to relocate there soon.

36. Dr. Alabi further testified that Mr. Sritharan’s sister is still in Ontario (not yet Montreal), but she ultimately plans to relocate to Montreal because her husband is in the restaurant business, and they may eventually have Mr. Sritharan join them. Dr. Alabi stated that since Mr. Sritharan’s sister is not yet in Montreal, it may not be strictly necessary to vary his conditions to permit him to travel to Quebec.

37. In response to questions from counsel for the Attorney General, Dr. Alabi testified as follows:

a. the plan for the coming year is for Mr. Sritharan to transition to Lebreton;

b. Mr. Sritharan is working with his social worker to obtain photo identification for Salus Fisher housing, but there is no urgency to do so, as the plan is for him to relocate to Lebreton;

c. since Mr. Sritharan’s sister is not yet in Montreal, varying his conditions to travel there may noy yet be necessary;

d. there are logistical issues with Mr. Sritharan travelling to Montreal, as the staff that accompany him must be qualified and able to practice in both provinces, and the Hospital needs to ensure that the complainants of the index offences (family members) who do not desire contact with Mr. Sritharan, would not be at his sister’s address; and

e. Mr. Sritharan’s sister is not currently an approved person, although it is anticipated that she may become an approved person in the future.

38. Counsel for the Attorney General also asked about the possibility of including Quebec as a potential travel location in the disposition. Counsel clarified that this question was posed with a view to avoiding an early hearing on this point, if Mr. Sritharan’s sister relocates to Montreal before Mr. Sritharan’s next annual hearing. In response, Dr. Alabi testified that it would be appropriate to include Quebec as a travel location in the disposition. He also testified that 7 days for travel was appropriate, and that the Hospital could gradually introduce the number of travel days permitted.

39. In response to Mr. Sritharan’s counsel’s questions, Dr. Alabi testified as follows:

a. He hopes that Mr. Sritharan could:

a. transition to Lebreton in the next 1-2 months, although it could be longer;

b. attend school while at Lebreton, though perhaps not immediately;

b. the plan is for Mr. Sritharan to stay at Lebreton for approximately one year and there is incentive to do so, as he has no means to live independently;

c. if Mr. Sritharan is outside of Ontario with an approved person, Dr. Alabi has no concerns; and

d. Mr. Sritharan could attend programming as an outpatient at the Hospital while at Lebreton.

40. In response to questions from ORB panel members, Dr. Alabi testified as follows:

a. there is group programming available at Lebreton, though Dr. Alabi is unsure what type of programming;

b. Mr. Sritharan will be assigned a “forensic point person” at the Hospital while he is at Lebreton;

c. although the Hospital Report indicates that Lebreton would be an option in February or March 2026, the exact timing of its availability will depend, as there are system delays and bed shortages;

d. Dr. Alabi is unsure if Mr. Sritharan’s sister has visited him in the Hospital;

e. Mr. Sritharan is in the Crisis/Mood Unit, not the Forensic Unit, and the Crisis/Mood Unit could be his approved accommodation;

f. Dr. Alabi is not the responsible person for Mr. Sritharan, but he still has forensic responsibility for Mr. Sritharan and has visited him a few times; and

g. in the next year, Dr. Alabi would like to see Mr. Sritharan renew his permanent residency status, attend school, continue to complete programming and engage in other leisure activities including soccer, which he plays every Wednesday.

41. No further evidence was presented.

Parties’ Submissions

42. Dr. Alabi, for the Hospital, submitted that there is a joint position that Mr. Sritharan poses a significant threat to public safety. He submitted that there were no incidents of aggression in the last year, Mr. Sritharan is compliant with his medications, and he is waiting on being able to transition back into the community, which the Hospital will support. He also recommended travel passes in Quebec, because over the next 12 months Mr. Sritharan’s sister is likely to have relocated there.

43. Counsel for the Attorney General agreed with the Hospital. She specified that conditions 2j), 2k), and 2l), of Mr. Sritharan’s current disposition should include Quebec as a possible travel location. She also stated that an approved itinerary by the person in charge should be required for Mr. Sritharan to travel.

44. Mr. Sritharan’s counsel submitted that she is pleased with his progress on working toward his discharge from the Hospital. She submitted that he shows insight, compliance, and there are no safety concerns. Mr. Sritharan’s counsel agreed with the proposed conditions, including that itinerary for travel be approved, and to vary conditions 2j), 2k), and 2l) of Mr. Sritharan’s current detention order, to permit him to travel to Quebec.

Analysis and Conclusion

45. Having considered all of the evidence, and the parties’ submissions, the Panel finds that Mr. Sritharan continues to pose a significant threat to public safety as defined in section 672.5401 of the Criminal Code and as further defined by the Supreme Court of Canada in Winko.²

46. According to Winko, a significant threat to public safety means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature.³ The finding of a significant threat is an onerous one, including in the context of a joint submission.

47. The Panel finds that Mr. Sritharan continues to pose a significant threat to public safety. Our finding on this point considers that the index offences are serious. They concern threats against family members, including with a weapon, and the criminal harassment of a member of the public, despite several warnings by police. The index offences were also driven by a major mental illness, and substance use. Page 14 of the Hospital Report provides that Mr. Sritharan indicates that he used either psychedelic mushrooms or cannabis shortly before each of the index offences. He stated that he believed he only thought the way he did because of the recent substance use. Mr. Sritharan, at times, believes his symptoms are caused by substance use, and that he does not suffer from a mental illness. However, the Hospital Report confirms that Mr. Sritharan lives with a major mental illness, an unspecified trauma and stressor-related disorder, and three concurrent substance use disorders.

48. The Panel acknowledges the evidence that Mr. Sritharan has had a relatively stable year. Still, page 30 of the Hospital Report provides his insight into his mental illness is recent: he “appears to have budding insight.” This is, in part, because he has repeatedly requested to end his antipsychotic medication and provides vague side effects that do not appear to be present. He has only recently accepted a long-acting injectable antipsychotic. The Hospital Report also provides that one of his current or recent risk factors is that he was previously not forthcoming about his delusional beliefs about the complainant in the criminal harassment index offence.

49. The Panel finds that given the risk of violence, Mr. Sritharan not being entirely forthcoming with his symptoms, coupled with his relatively recent insight into his mental illness, he continues to represent a significant threat to public safety.

50. The Panel agrees with the parties’ joint submission that a detention order continues to be required to manage Mr. Sritharan’s risk. This is consistent with the duty to public safety, and Mr. Sritharan’s mental condition. It provides for Mr. Sritharan to be admitted to Hospital in the event of decompensation. This is particularly important in managing his risk, as it is anticipated that he will transition to community living shortly, where he will experience a gradual increase in his independence. Community living may also permit greater access to substances, where he is not under the ever-present silo of his treatment team. Were he to become non-compliant with his medications while in the community, or experience decompensation as a result of the transition, for any reason, including because of any substance use, the detention order would permit the Hospital to return him to the Hospital and stabilize his mental health, and attenuate any public safety concerns. A less onerous disposition would not adequately protect the public currently.

51. The Panel commends Mr. Sritharan for his progress and for abstaining from substances. The Panel wishes him well in his ongoing efforts to work with his treatment team as he reintegrates into the community.

52. The Panel has considered the factors in section 672.54 of the Criminal Code, namely the protection of the public, which is the paramount consideration, Mr. Sritharan’s mental condition, his reintegration into society and his other needs in coming to the unanimous finding that a detention order on the terms and conditions described above is the necessary, appropriate, least onerous, and least restrictive disposition in all of the circumstances.

DATED this 16th day of April 2026, at the City of Toronto, in the Toronto Region.

Ms. R. L. Louis Legal Member

__________________

Office of the Registrar

Ontario Review Board