Re O. (K.E.), 2026 CanLII 53935

Re: O. (K.E.)

ORB File No: 8533

Hearing held on: Monday, March 16, 2026

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: Ms. C. Finley Members: Dr. P. Prendergast Dr. W. Loza Ms. J. Greenwood Ms. R. MacIntyre

Parties Appearing:

Accused: O. (K.E.) Counsel: Mr. D. Medd

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

Attorney General of Ontario: Counsel: Mr. T. Hewitt

*Pursuant to s. 672.501(1) of the Criminal Code, the Ontario Review Board prohibits the publication, broadcasting, or other transmission of any information that could identify a victim in this matter or a witness who is under 18 years of age.

REASONS FOR DISPOSITION

(Dated June 1, 2026)

Introduction

1. On April 5, 2024, O. (K.E.) was found not criminally responsible on account of a mental disorder on charges of sexual assault and fail to comply with probation contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board) dated March 19, 2025, detaining him at the General Forensic Service at Ontario Shores Centre for Mental Health Sciences (Ontario Shores/the hospital), with discretionary privileges up to and including the ability to reside in the community in approved accommodations.

2. On March 16, 2026, the Board convened a panel for the annual review of Mr. O. (K.E.)’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. O. (K.E.) was present and represented by his counsel, Mr. Medd.

3. At the outset of the proceedings, the parties were canvassed as to their positions on the issues to be determined by the Board: whether Mr. O. (K.E.) remains a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria in s. 672.54 of the Criminal Code.

4. Mr. Dow, on behalf of the hospital, submitted that Mr. O. (K.E.) remains a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current detention order with an expansion of the passes in the community to up to 72 hours. Mr. Hewitt, on behalf of the Ministry of the Attorney General, and Mr. Medd concurred in the hospital’s positions. Mr. Medd specifically conceded the issue of significant threat. Thus, a joint position was put before the panel.

Findings

5. For the reasons that follow, the panel found that Mr. O. (K.E.) remains a significant threat to the safety of the public and the necessary and appropriate disposition is a continuation of the current disposition with the change as recommended by the parties.

The Evidence

6. The evidence at the hearing consisted of the Hospital Report, dated February 17, 2026 (ex. 1), and the viva voce evidence of Dr. Chuong, Mr. O. (K.E.)’s treating psychiatrist.

The Index Offences

7. On October 18, 2023, the victim was on a York Regional Transit bus. The accused approached her and, despite there being numerous other empty seats, asked to sit next to the victim. She advised police that Mr. O. (K.E.) looked down her shirt before placing his hand on her thigh. He then moved his hand underneath her buttocks and squeezed. Mr. O. (K.E.) then rested his head on her shoulder and attempted to touch her again in the same manner. Although she told him no, he continued to touch her. The victim notified the bus driver. A video taken from the bus captures the sexual assault. Mr. O. (K.E.) was arrested at the scene. He advised police that the sexual touching had been consensual.

8. On June 9, 2023, Mr. O. (K.E.) was convicted of a previous sexual assault. After being credited for 140 days pretrial custody, he received a suspended sentence and probation for two years. One of the conditions was that he keep the peace and be of good behaviour.

Background Information

9. The Hospital Report contains a great deal of information as to Mr. O. (K.E.)’s background and psychiatric history. It need not be reviewed in detail in these reasons beyond the following material points.

10. Mr. O. (K.E.) was born in Nigeria. He and his family emigrated to Canada in 2007 when he was 11. Mr. O. (K.E.) has reported that his father was physically and emotionally abusive. Mr. O. (K.E.) struggled during high school, failing some courses and was required to attend summer school. When he was in Grade 11, his family moved to Toronto. He found the transition difficult. He frequently ran away from his parents’ home. He stayed with friends, slept outside, and spent a year living at a youth shelter.

11. Mr. O. (K.E.) worked at several jobs for brief periods of time. He received Ontario Works benefits at 18 and Ontario Disability Support Program support at 24, following being diagnosed with schizophrenia. Mr. O. (K.E.) then moved to Islington House for a year before returning to his parents’ home. At the time of the index offences, Mr. O. (K.E.) had been homeless for two years.

12. Mr. O. (K.E.) has a criminal record that includes previous convictions for sexual interference and sexual assault, and multiple convictions for failing to comply with court orders. The circumstances of the sexual offence in 2019 bear similarities to the index offence. Mr. O. (K.E.) approached a girl on a bus, sat beside her and touched her buttocks. The victim moved seats to the front of the bus. Mr. O. (K.E.) followed her and tried to touch her again.

13. The Hospital Report includes allegations of another similar incident on a bus in February 2020. Mr. O. (K.E.) approached the victim on a bus, sat beside her and touched her buttocks. The victim changed seats a couple of times in order to avoid Mr. O. (K.E.). He followed her. She eventually took his picture with her cell phone. The Report also describes two other incidents in April and August 2023, where Mr. O. (K.E.) is alleged to have sexually assaulted a woman on the street, including allegations that he grabbed a woman’s breast and, on another occasion, grabbed three separate women within a short period of time.

14. There does not appear to be any information whether charges were laid with respect to those allegations. When asked about the incidents, Mr. O. (K.E.) acknowledged his behaviour, characterizing one occasion as “flirting”. In general, Mr. O. (K.E.) did not believe touching women in public was a problem.

15. Mr. O. (K.E.) has a long history of problematic alcohol and cannabis use, starting in high school. His use of cannabis only decreased when he started using crack cocaine in 2019. In subsequent discussions with doctors, Mr. O. (K.E.) referred to crack cocaine as his “medication”. He believed that it enabled his musical creativity. He also believed that it was vital for his physical health. Mr. O. (K.E.) smoked it daily and spent most of his panhandling efforts towards obtaining funds for more.

16. Mr. O. (K.E.)’s first admission for psychiatric treatment was in March 2014. His mother obtained a Form 2 under the Mental Health Act, following which he was admitted to the Humber River Hospital. He was found incapable of consenting to psychiatric treatment after refusing oral medication. His mother became his Substitute Decision Maker. Upon discharge five weeks later, his diagnosis was schizophreniform disorder, rule out substance-induced psychosis. He was referred to an Early Psychosis Intervention program.

17. Over the following nine years, Mr. O. (K.E.) had 28 admissions to hospital. Most were as a result of Mr. O. (K.E.)’s mother obtaining a Form 2 due to his declining mental status and inability to maintain his activities of daily living. He was frequently nonadherent to treatment and continued to use substances, including cannabis and cocaine. Once admitted, he would receive long-acting injectable antipsychotic medication and stabilize quickly. On many occasions, he was discharged back to his mother’s residence on the same day.

18. Mr. O. (K.E.) was subject to two Community Treatment Orders and supported by a community ACT (Assertive Community Treatment) team. Notwithstanding that support, he remained noncompliant with treatment.

19. Following the commission of the index offences, Mr. O. (K.E.) was brought to hospital by police. He admitted to using crack cocaine and hearing voices. He was medically cleared and returned to police custody.

Course Since the Last Disposition

20. Mr. O. (K.E.)’s current diagnoses are Schizophrenia, Stimulant Use Disorder, severe and Cannabis Use Disorder, moderate. He currently is capable of consenting to treatment for schizophrenia.

21. In May 2025, Mr. O. (K.E.) transferred from a secure forensic unit to a general forensic unit, the Forensic Community Reintegration Unit (FCRU). He has remained adherent to treatment. He presents as polite and calm and there have been no behavioural concerns noted.

22. Mr. O. (K.E.)’s insight into his substance use and the impact substances have on his mental health remains limited. He does not feel that substances have negatively impacted his mental health in any way nor contributed to his risk for violence. All of Mr. O. (K.E.)’s urine drug tests have been negative.

23. Mr. O. (K.E.)’s insight into the need for treatment remains fair. He has noted an improvement in his psychotic symptoms and has expressed an intention to continue taking his medication for the foreseeable future.

24. Mr. O. (K.E.) has participated in various programming while on the unit. He also has been exercising indirectly supervised passes in the community. All have occurred without issue. Unfortunately, he does not have any approved persons. He has remained estranged from his family, notwithstanding their expressed desire to rekindle a relationship with him.

25. Critically, Mr. O. (K.E.) has lost his permanent residence status. While there does not appear to be an active removal order, his status remains unclear. This issue just came to the attention of the treatment team in the last week. Mr. O. (K.E.) is currently working with an immigration lawyer.

26. Mr. O. (K.E.)’s immigration status impacts on the treatment team’s ability to initiate discharge planning. He had been given provisional acceptance to a CMHA Durham housing program, CREATE. However, Mr. O. (K.E.)’s immigration status impacts on the ODSP funding available to cover his rent and food.

27. Dr. Chuong testified before the Board. She indicated that the treatment team was in discussions with the ODSP with respect to what level of funding will be available to Mr. O. (K.E.) to support a transition into the community. Absent that funding, Mr. O. (K.E.) would not be able to avail himself of any community housing in the near future.

28. Dr. Chuong reported that Mr. O. (K.E.) has remained adherent to treatment and abstinent of substances. Although he has engaged in some programming on substance abuse, in the doctor’s opinion, he would benefit from some further programming to build up his insight into substance use and how it relates to both his mental illness and his risk for violence. At present, his insight remains superficial.

29. Dr. Chuong also testified about Mr. O. (K.E.)’s insight into the index sexual offence. He worked with a psychologist over the last clinical year who felt that he had made some progress in that regard. However, during a recent discussion with Dr. Chuong, Mr. O. (K.E.) endorsed views that he has maintained in the past, including minimizing the behaviour and saying it was a mistake and attributing it in part to not being busy.

30. Dr. Chuong endorsed the following clinical assessment of risk as found in the Hospital Report, at page 32:

“Mr. O. (K.E.) has progressed in a positive trajectory over the past reporting year due in large part due to good adherence with his treatment plan. However, absent the support and supervision of the hospital and the Ontario Review Board, it is likely that Mr. O. (K.E.) will relapse to substance use and/or become non-adherent with treatment. In the past, this has led to the emergence of psychotic symptoms, which would in turn lead to sexual assault and possible physical assault. The victims of sexual assault have been strange females in close proximity, while the victims of physical assault have been those who are close to him. Mr. O. (K.E.) continues to require close monitoring by professional services for any signs and symptoms suggestive of worsening psychosis or escalating substance use. The clinical team requires the ability to approve housing and to rapidly readmit him should medication non-adherence be of concern. It is the opinion of the treatment team that civil commitment measures would not adequately address these risks.”

31. Dr. Chuong testified that the hospital’s request for a broadening of community passes for up to 72 hours is in order to facilitate leaves of absence to a residence in the community, should that be available to Mr. O. (K.E.). In addition, Mr. O. (K.E.) had expressed an interest in employment opportunities at one point. However, since the issue of his immigration status has arisen, he has not taken any steps to explore that opportunity.

32. At the conclusion of the evidence, all parties maintained the joint submission.

Analysis and Conclusion

33. The panel carefully considered the Hospital Report and the evidence of Dr. Chuong and unanimously found that Mr. O. (K.E.) remains a significant threat to the safety of the public. Mr. O. (K.E.)’s main criminogenic risk factors are his major mental illness, schizophrenia, and his significant history of cannabis and cocaine use. When in the community, Mr. O. (K.E.) has a long history of nonadherence to treatment, even while subject to a Community Treatment Order and supported by a community ACT team. When unwell, he experiences symptoms of psychosis.

34. Mr. O. (K.E.)’s insight into the impact of substance use and his risk for violence remains limited. Absent the supervision of the ORB, Mr. O. (K.E.) would likely return to substance use, which would cause him to fall away from treatment. The combination of the deterioration in his mental status, exacerbated by further substance use would result in behaviour similar to the time of the index offences. As such, he remains a significant threat to the safety of the public.

35. Having found that Mr. O. (K.E.) represents a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition having regard to the criteria found in s. 672.54 of the Criminal Code.

36. The panel finds that the necessary and appropriate disposition is a detention order with the terms as recommended by the parties. Mr. O. (K.E.)’s immigration status represents a significant hurdle for Mr. O. (K.E.) and the treatment team to overcome before his reintegration into the community can be realized. Without financial support, Mr. O. (K.E.) has no ability to reside in the community.

37. Assuming he will be permitted to remain in the country and consequently his ability to receive appropriate funding will be realized, Mr. O. (K.E.) will require some supervision and support when he transitions to living in the community. He has done well while in the hospital and is on a positive trajectory. To ensure that that continues, he will need to remain adherent to treatment and continue to abstain from substances. Given his history, it is likely that he will need support to achieve those goals.

38. Therefore, the panel finds that the necessary and appropriate disposition is a continuation of the current detention order with the expansion of the community passes as recommended by the parties to facilitate Mr. O. (K.E.)’s reintegration into the community.

39. In arriving at our conclusion, the panel has considered the paramount factor of the safety of the public, Mr. O. (K.E.)’s mental condition, his community reintegration, and his other needs, all as required by s. 672.54 of the Criminal Code.

DATED this 1^st day of June 2026, at the City of Toronto, in the Region of Toronto.

Ms. C. Finley Alternate Chairperson

____________________________ Office of the Registrar Ontario Review Board