Re Carlos M. Martinez, 2026 CanLII 53914

Re: Carlos M. Martinez

ORB File No: 5639

Hearing held on: Monday, April 20, 2026

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Mr. M.D. Segal

Members: Dr. T. Verny

Dr. S. Wiseman

Ms. A. Israel

Mr. S. Doherty

Parties Appearing:

Accused: Carlos M. Martinez

Counsel: Ms. M. Addie

The person in charge of hospital: Counsel: Mr. K. Dow

Attorney General of Ontario: Counsel: Ms. K. Kirec

REASONS FOR DISPOSITION

(Dated June 3, 2026)

Introduction

1. Carlos M. Martinez, age 39, was on June 17, 2010, found not criminally responsible on charges of possession of a weapon for a dangerous purpose, and assault with a weapon, contrary to the Criminal Code.

2. Mr. Martinez, who is subject to a conditional discharge, appeared at the Centre for Addiction and Mental Health (the “hospital”) for his annual hearing before the Ontario Review Board (the “Board”) on April 20, 2026. Exhibit 1 was the Hospital Report dated April 7, 2026. Mr. Martinez did not attend, and an order was granted to permit the hearing to proceed in his absence.

3. In preliminary positions, the hospital supported by Crown counsel, advanced that the current Disposition was appropriate. Ms. M. Addie for the patient conceded significant threat and agreed with the hospital’s position. At the conclusion of the hearing, the Board agreed with the joint position.

4. Mr. Martinez immigrated at age 4 with his family from Uruguay. By age 12 he was having behavioural issues that resulted in school suspensions as well as setting fire to his stepfather’s clothes. At about 16 or 17 he punched and verbally abused his father. His mother asked him to leave the home. He resided in a shelter and later with his father. His first hospital admission was at age 29 when he destroyed his father's basement and was in possession of a knife. He had multiple admissions under the Mental Health Act due to threatening other people and inconsistent medication compliance. In 2008, he was admitted to hospital after threatening his parents, presented as being very paranoid and with hallucinations. The index offences occurred shortly after release from hospital.

5. Mr. Martinez’s diagnosis is schizophrenia.

6. Mr. Martinez was discharged to an independent CMHA apartment in 2019.

7. In last year’s Reasons it was indicated at paragraph 10:

“Mr. Martinez suffers from significant social withdrawal and interpersonal sensitivity that bars his progress towards receiving an absolute discharge. He refuses to engage with a community psychiatrist. He has a strong relationship with the Forensic Outpatient Team, and it is hopeful that he will be able to develop relationships with other clinicians in the community in the future. He experienced a deterioration in his mental health in 2023 despite medication compliance. His mental health stabilized but his functioning deteriorated with him since being more isolative. He requires the establishment of community supports before he can be recommended for an absolute discharge, of which he is apprehensive.”

8. The index offence reads as follows:

“On the afternoon of August 7, 2008, Mr. Martinez was observed standing in front of a store on Wellesley Street in Toronto. He was in possession of a four-foot-long, thin cardboard box. The victim, Ronald Patten, exited the store on his lunch break. He was informed by a customer that Mr. Martinez was in the rear lane spilling garbage all over the ground. Mr. Patten requested that Mr. Martinez refrain from doing so, but Mr. Martinez did not respond.

As Mr. Patten began to pick up the garbage, Mr. Martinez went to a garbage bin and pulled out a 36½ inch black samurai sword. Another witness exited the store and observed Mr. Martinez raise the sword above Mr. Patten. The witness called out to Mr. Patten and warned him of the imminent attack. Fearing for his life, Mr. Patten fled the laneway and returned to the store. He locked the door and called the police. Mr. Martinez walked to another local business where he was located and arrested by the police. The officers investigated the laneway and found that the sheath of the sword contained two smaller knives and at the base of the sheath also concealed a knife."

The result of the index offence could well have been lethal if it were not for the intervention of a bystander to warn the intended victim as the accused had a full-size sword and two knives.

Evidence at Hearing

9. Dr. H. Meng, the patient’s outpatient psychiatrist for the last few years, testified.

10. Dr. Meng described the year as standard for the patient. The profile includes chronic instability in the context of stress with anxiety and paranoia. When transition issues occur, for example when Dr. Meng was on leave, predictable instability resulted. Dr. Meng’s assessment of significant risk is found at page 49 of the Hospital Report and remains valid.

11. Mr. Martinez is reluctant to engage with civil health care providers. According to Dr. Meng, when Mr. Martinez becomes ill, he becomes very ill. Mr. Martinez has a vulnerability to stressors. Dr. Meng recounted how three years ago while fully compliant with medication Mr. Martinez became psychotic.

12. If Mr. Martinez decompensates, he is capable of serious harm such as occurred in the index offences. Mr. Martinez feels a need to defend society. He views himself as some sort of superhero. Mr. Martinez favors weapons.

13. According to Dr. Meng, Mr. Martinez has a bit of resentment regarding the Board although it may have softened in the last while.

14. Dr. Meng noted that the Covid lockdown saw Mr. Martinez decline. Mr. Martinez is operating at a lower level than a few years ago.

15. Transitions appear to be a trigger. Mr. Martinez has very limited insight. He did meet with his sister once this year which was promising. Mr. Martinez is very reliant on his mother who lives in the Greater Toronto Area.

16. Mr. Martinez needs olanzapine as a PRN.

Analysis

17. The Board was presented with a joint submission. Significant threat was conceded. It is clearly made out in Dr. Meng’s evidence and the Hospital Report. Mr. Martinez has treatment resistant schizophrenia. His psychosis has occurred even when Mr. Martinez has been compliant. The periods of irritability and anxiety are predictable especially arising out of transitions. Close monitoring and supervision are necessary. Mr. Martinez’s mother is to be commended for her enduring support. We wish Mr. Martinez well in the upcoming year.

DATED this 3^rd day of June, 2026, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal

Alternate Chairperson

__________________

Office of the Registrar

Ontario Review Board