Ontario Review Board
Re: Faruk Burak
ORB File No: 8978
Hearing held on: Friday, May 8, 2026
Place of Hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. G. Beasley
Members: Dr. Y. Alatishe Dr. L. Leong Ms. J. Ferguson Mr. W. Apted
Parties Appearing:
Accused: Faruk Burak Counsel: Ms. S. Dubb
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated June 10, 2026)
Introduction:
On March 23, 2026, Faruk Burak was found not criminally responsible by reason of mental disorder (“NCR”) on charges of assault with a weapon (x2), uttering threats of death or bodily harm (x2), and failure to attend court, contrary to the Criminal Code of Canada (“Criminal Code”).
This is Mr. Burak’s initial hearing before the Ontario Review Board (“ORB” or the "Board") with respect to these charges. Mr. Burak was also found NCR on May 9, 2025, with respect to another index offence of weapons dangerous of March 2, 2024, which resulted in a disposition dated October 1, 2025, in file #8795.
Mr. Burak was brought to the Centre for Addiction and Mental Health (“CAMH”) Forensic Assessment and Treatment Unit (“FATU”) under the auspices of a Treatment Order issued on October 10, 2024, with respect to charges that are not the index offences in this file. He was detained on charges of Utter threat x5, Mischief under x2, Assault x2, Assault with weapon x3, FTA court, FTC release order x2, and Weapons dangerous.
On May 8, 2026, a panel of the ORB convened to hold an initial hearing to determine whether Mr. Burak poses a significant threat to the safety of the public, and if so, to determine what is the necessary and appropriate disposition in the circumstances bearing in mind the factors enunciated in s. 672.54 of the Criminal Code. Mr. Burak was assisted throughout the hearing by a Turkish interpreter.
For the reasons set out below, this Board has concluded that Mr. Burak does pose a significant threat to the safety of the public and that the necessary and appropriate disposition that is the least onerous and least restrictive is that Mr. Burak be detained at CAMH on the terms and conditions set forth in the Disposition.
Initial Positions:
The hospital took the initial position that the Board should make the same disposition as set out in Mr. Burak’s Disposition in file #8795 dated October 1, 2025, but add a provision allowing Mr. Burak to live in the community in approved accommodation.
Counsel for the Crown endorsed the position taken by the hospital subject to a few questions and with the additional provisions that Mr. Burak could not attend Pera Café at 62 Nassau Street, Toronto, or York University, North York campus.
Ms. Dubb, counsel for Mr. Burak, conceded the issue of significant risk and agreed with the additional provision allowing community living in approved accommodation, and indicated she had no issue with respect to the prohibition on attending at the Pera Café or the York University campus.
Background:
Mr. Burak is a 46-year-old male who was admitted to the Forensic Assessment and Triage Unit at CAMH under a Warrant of Committal after he was found NCR for an offence that occurred on March 2, 2024. Mr. Burak had an initial ORB hearing in September of 2025 with respect to that index offence and received an initial disposition dated October 1, 2025. He remained on the FATU for the majority of his time following his disposition and was subsequently found NCR on the remaining charges listed above on March 23, 2026. He was transferred to the FSUB on April 20, 2026, where he remains currently.
Prior to his arrest, he had no fixed addressed and was living on the street in Toronto, Ontario. Mr. Burak has no children. He was unemployed prior to his arrest.
Mr. Burak was born in Turkey. Mr. Burak arrived in Canada in September 2019. He first settled in Toronto but soon relocated to Montreal. After five months, he moved to Halifax, where he rented a place for 20 months. In October 2021, he returned to Toronto and stayed in a shelter as he was experiencing homelessness. Mr. Burak’s immigration status in Canada is uncertain.
Diagnoses:
- Mr. Burak’s current diagnoses are:
Schizophrenia;
Cannabis Use Disorder.
Index Offences:
- The following information was set out in the Hospital Report:
The following was taken directly from the Agreed Facts:
On Augst (sic) 4, 2023 at approximately 12:14 pm, Mr. Burak attended the Peroa Café,
located at 62 Nassau St., in the City of Toronto and attempted to obtain free food from
the staff. The staff denied the accused and attempted to ignore him as he continued to
linger around and refused to leave the restaurant.
The accused became enraged and picked-up a chair from inside of the café and tossed it across the establishment.
The accused then went across the street and picked-up a brick, coming back to the
restaurant and holding the brick over his head as if he was going to throw it at the victims.
The accused stated to the victims: “I’m going to kill you,” and then tossed the brick to the ground. The accused located a stick on the ground and picked it up and gestured as if he was going to hit the victims with the stick. Police were called and the accused was located with the stick and the brick on the ground next to him. Victims: T. A. and
O. C.
Evidence:
The evidence at the hearing consisted of the Initial Hospital Report dated April 27, 2026, and the oral evidence of Dr. Ali, who co-authored the hospital report.
The hospital report set out the following evidence:
Re-offence Scenario:
If Mr. Burak were to reoffend, it would likely be in the context of medication noncompliance, substance use and poor coping. Given Mr. Burak’s history, it is likely that in the absence of a structured environment and professional supervision, he is at risk of decompensation. If Mr. Burak were to become noncompliant with medications and engage in substance use, he would experience re-emergence of psychosis. He would experience destabilization of his illness, misinterpretation of his surroundings and violence towards others. This may also impact his insight into his illness and decrease the likelihood of him seeking services.
Composite Assessment of Risk
Given Mr. Burak’s history of mental illness, previous violence while unwell, and risk assessment scores, he meets the threshold for significant threat as defined in Section 672.5401 of the Criminal Code.
Risk Management
Medication
Mr. Burak is currently treated with oral psychotropic medications. This medication is important to reduce the risk of relapse and destabilization to his mental health. He will likely need medication in perpetuity. At this time, he is capable to treatment decisions. He has accepted additional medications and his symptoms are in remission. Psychoeducation will continue to be provided.
Psycho-education / Programming
Mr. Burak has participated in programming on and off the unit. He may benefit from ongoing psycho-education and structured programming on symptom identification and management, behaviour and emotion regulation, and the ORB system. He would also benefit from psychoeducation regarding substance use. This programming would allow for increased insight into his illness, treatment of his illness, and the ORB.
Psychosocial Intervention
Mr. Burak has had connect with his family in Turkey. The team has also supported him in his legal issues regarding his legal status in Canada. The team will continue to bolster psychosocial supports.
Team Review of Recommendation
Detain on the Forensic Service with community living.
It is our opinion that the necessary and appropriate, least onerous and restrictive, disposition is for Mr. Burak to be placed on a detention order with community living. Mr. Burak has been compliant with medication and agreed to additional medication, his insight has improved. He is engaging in programming on the unit.
CURRENT COURSE IN HOSPITAL
Mr. Burak was admitted to the FATU on July 8, 2025. On admission he was calm and cooperative. He endorsed ongoing auditory hallucinations however indicated that he had gained insight into the voices as being a symptom of illness which had improved following treatment with medication. His medications were restarted, and he was compliant with same. He was explained the unit rules and he attended activities and engaged with copatients and staff appropriately. Mr. Burak did not display aggressive or violent behaviour and did not require the use of seclusion.
Mr. Burak was assessed by the hospitalists consulting to the unit during this admission. He was started on metformin to manage antipsychotic-induced weight gain, and started iron supplementation due to low ferritin levels noted on bloodwork. He was also noted to be positive for H. Pylori infection and completed a course of treatment for same.
Mr. Burak was additionally assessed by the Neurology service in consultation. It was reviewed that there was no evidence on file that Mr. Burak had previously experienced seizures or been prescribed antiseizure medications. He declined offer of an investigative electroencephalogram (EEG) to assess for possible seizure activity. The Neurology service recommended contacting their team again if he has a clinical episode resembling a seizure in the future.
Mr. Burak had some insight into his illness, need for medications, and the offences. He continued to experience auditory hallucinations that intermittently command him to harm others or himself, which he had insight into as a symptom of mental illness. He continued to believe that he had the ability to communicate telepathically and control the weather through drawing pictures. He did not view these as symptoms of his illness. He did not endorse these symptoms spontaneously. He believed his medication to be helpful in managing his auditory hallucinations. When previously treated concurrently with olanzapine and paliperidone he had reported improvement in his auditory hallucinations with resolution of commands to harm himself or others. Staff observed that Mr. Burak appeared internally preoccupied and distracted when engaging in groups during this admission, impacting his ability to engage fully. This was not observed during a previous admission to the unit when he had been more optimally treated. Despite receiving this feedback,
Mr. Burak was not agreeable with recommendations to add paliperidone or another antipsychotic back into his medication regimen.
Mr. Burak was canvassed regarding his recollection of the index offences. He expressed his understanding that he was having auditory hallucinations and delusional thoughts which he attributed to both his underlying mental illness and the effects of cannabis, which he reported using in quantities up to seven grams daily at the time. He denied any other substance use at the time. He reported that the voices had commanded him to “go to the police station and shake the knife.”
Mr. Burak’s attitudes towards cannabis were discussed. He initially described a desire to return to cannabis use in the future, with the belief that using cannabis in quantities less than three grams daily could be beneficial for him. Upon reviewing that small quantities of cannabis could still risk worsening his mental state, he expressed that he could live without returning to cannabis use.
CAMH: FATU and FSUB October 2025 to April 2026
Following Mr. Burak’s initial ORB hearing, he received a disposition detaining him to the forensic service. He remained on the FATU. Initially he continued to endorse delusional thoughts and remained internally preoccupied. He agreed to add aripiprazole (antipsychotic) to his regimen and this was increased to 10 mg. With the addition of this medication, his symptoms slowly improved and remitted.
In October 2025, an application for passes was submitted and approved. Prior to starting passes, Mr. Burak stated that he planned on “seeking his wife” when asked about running away from hospital; passes were not initiated. In the weeks following, he clarified that he did not want to run away but did want to find his wife. Passes were started in November. Mr. Burak used passes appropriately and attended groups both on and off the unit. He was no longer experiencing symptoms of his illness. There were no aggressive behaviours and he did not require seclusion. He was transferred to FSUB on April 20, 2026.
Since transfer to FSUB, Mr. Faruk has remained stable. He continues to use pass level 3 with no issue. There has been no change in medications and his mental status has been at baseline.
Mr. Faruk has insight into his illness, need for medications and the index offences. His insight into substance use has improved.
Dr. Ali gave evidence that she has been Mr. Burak’s most responsible physician since his admission in July 2025 up until April 2026 when he was transferred to a secure unit, where he is now under the care of Dr. Choptiany.
Dr. Ali indicated that Mr. Burak’s last ORB hearing (with respect to file #8795) was about six and a half months ago and that she would focus her evidence on pertinent updates during the ensuing time period.
Dr. Ali testified that Mr. Burak has started using passes into the community the week of the hearing and that she had no concerns with respect to his use of them.
Dr. Ali testified that Mr. Burak’s mental status has been stable. With respect to adding a provision in his disposition to allow community living, Dr. Ali gave evidence that, at his initial hearing with respect to his other ORB file, Mr. Burak had residual symptoms of his illness and was hesitant to add medication to his regimen. However, shortly after his hearing, Mr. Burak agreed to add an additional anti-psychotic to his regimen and quite quickly after that addition, his residual symptoms remitted and he no longer exhibits residual symptoms.
Dr. Ali gave evidence that Mr. Burak has engaged appropriately in group settings and has progressed up the pass ladder appropriately. Dr. Ali testified that Mr. Burak
hasn’t had any aggressive acts on either unit and has gained insight with respect to his medications. Dr. Ali added that her most significant concern in October 2025 was the residual symptoms and that Mr. Burak wasn’t agreeable to add another medication, but that has now changed. Dr. Ali added that Mr. Baruk has now had at least a 6-month period of stability.
Dr. Ali testified that if things continue to go as well for Mr. Baruk as they have in the last six months, and if Mr. Baruk continues to move up the pass ladder, the time frame for community living could be as little as 6-7 months.
In response to a question from the Crown, Dr. Ali confirmed that since Mr. Burak agreed to add another anti-psychotic medication to his regimen, he has had a further remission of his symptoms.
Dr. Ali confirmed that Mr. Burak’s insight regarding his index offences has improved, that in October 2025, he was canvassed about them and, despite still experiencing residual symptoms, he attributed them to both his mental illness and cannabis use, and his insight has been improving over time.
Dr. Ali testified that substance use would pose a risk for Mr. Burak.
In response to a question referring Dr. Ali to page 16 of the Hospital Report which sets out that Mr. Burak would be seeking his wife, and whether finding her has been a goal of his while exercising his passes, Dr. Ali testified that it has not been a goal of Mr. Burak’s and that such information may have been the result of a miscommunication.
Dr. Ali confirmed that the treatment team is able to communicate with Mr. Burak without an interpreter and that all of his programming is conducted in English.
Dr. Ali confirmed that Mr. Burak is taking two anti-psychotic medications, olanzapine and Abilify, as well as an anti-depressant and, in her clinical opinion, is currently optimally treated.
With respect to Mr. Burak’s self-report that he suffers from epilepsy and that his last episode was in April 2025, Dr. Ali testified that, on admission, Mr. Burak reported that he had experienced seizures and, as a result, he was assessed by a neurologist who found no evidence of epilepsy. Mr. Burak was offered a follow up with an EEG but he declined. If Mr. Burak has a seizure or decides to have the EEG, he will again be referred to neurology. Dr. Ali confirmed that Mr. Burak has not had any epilepsy-related episodes since his admission and hasn’t spoken about epilepsy since he was admitted and she was not sure if he attributes his seizures to his panic attacks.
Dr. Ali testified that she did not have any concerns about Mr. Burak using cannabis since his admission, but noted that he has been on a fairly restrictive unit prior to his transfer and is still on accompanied passes and therefore, his cannabis use is in forced remission.
Dr. Ali gave evidence that Mr. Burak is required to provide urine samples as a result of his disposition (in file #8795), that his restrictions will lessen if he continues to progress up the pass ladder and, for that reason, Dr. Ali opined that the UDS provision is still necessary.
Dr. Ali testified that Mr. Burak is not currently involved in any programming with respect to cannabis use at this time, but she was certain it was part of the treatment team’s plan for Mr. Burak.
In response to a question about community housing, Dr. Ali testified that, while it is not necessary for Mr. Burak to be on a general forensic unit before moving into community housing, that is the likely progression.
Dr. Ali testified that, although she is no longer part of Mr. Burak’s treatment team, she would expect that the team will be looking for supervised housing which will support Mr. Burak’s mental health needs.
In response to a question as to whether his status in Canada affects housing options, Dr. Ali testified that the team has placed people with immigration status issues in the past, but she was unable to answer that question with respect to Mr. Burak in particular.
Dr. Ali testified that she attributes what can be seen as a rather swift progression through the pass ladder on the fact that Mr. Burak has accepted treatment, has been engaged with the treatment team, has attended his programming and has developed insight into his mental illness.
Dr. Ali testified that, in her clinical opinion, Mr. Burak’s motivation is internally motivated and his engagement is genuine.
In response to a question about possible family supports, Dr. Ali testified that, while in hospital, social workers have connected him to Mr. Burak’s family overseas, with whom he speaks to virtually, and his family are all the supports he has available. Dr. Ali added that attempts have been made to find his wife, but that they were unsuccessful.
In response to a question with respect to whether the next hearing should be in accordance with the time-line of Mr. Burak’s other file, being #8975 or this one, Dr. Ali was of the clinical opinion that Mr. Burak’s next hearing should be next May and not October, 2026 as that will give the treatment team the opportunity to figure out the community living issue, and further, not much else will happen in that time period.
Final Submissions:
The hospital submitted that Mr. Burak’s two files, being this one, #8978, and #8795, should be joined up and the annual NCR hearing should occur in May of every year from this point forward. With respect to the most appropriate, least onerous disposition, the hospital submitted that they are proposing a liberalization of the detention order in place with respect to file #8795 by including a provision allowing community living approved by the person in charge as well as a prohibition against Mr. Burak attending at Pera Café at 62 Nassau Street, Toronto, or at the North York campus of York University. The hospital submitted that this submission stems from the fact that Mr. Burak has done very well since his admission approximately 9 months ago by remaining stable, is optimally treated, is experiencing no residual symptoms, and is participating in programs. Counsel for the hospital added that if Mr. Burak continues on this trajectory, it is possible that he could attain a discharge within the next twelve months.
The Crown adopted the position of the hospital in its entirety. Counsel for the Crown added that it is always fortunate when a patient is responsive to the medications received and it appears that the team over time has found a combination of meds that work very effectively for Mr. Burak and that this bodes well for him going forward.
Ms. Dubb adopted the submission of the hospital and the Crown and therefore a joint submission was put before the Board.
Analysis and Conclusion:
The Board carefully considered all of the evidence presented at the hearing and took into consideration the joint submission of the parties and finds that Mr. Burak has met the significant threat threshold as set out in s. 672.5401 of the Criminal Code of Canada and as further defined in Winko v. British Columbia (Forensic Psychiatric Institute), [1992] 2 S.C.R. 625.
As set out in Winko, a “significant threat to the safety of the public” 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.
The Board’s finding of significant threat is based on the uncontroverted evidence of the hospital which set out the history of numerous serious and violent offences which have occurred when Mr. Burak was suffering symptoms of his major mental illness, and which symptoms have only recently remitted. The Board accepts the evidence that Mr. Burak has only achieved remission from his symptoms in the last few months, has few supports outside the treatment team, has endorsed a desire to use cannabis, which he believes could benefit him and which use is now in forced remission, but the use of which could contribute to decompensation and end his remission. The Board accepts that, given Mr. Burak’s history, it is likely that, in the absence of the supervision of the Board and the treatment team, Mr. Burak is likely to fall away from treatment, become non-compliant with his medications, use substances such as cannabis and experience the re-emergence of his symptoms leading to aggressive behaviour and violence as well as a lessening of his insight which would likely result in his failing to seek psychiatric services.
For these reasons, and having considered the paramount consideration of the protection of the public as well as the mental condition of Mr. Burak, his reintegration into society and his other needs, the Board is of the unanimous opinion that the least onerous, least restrictive and most appropriate disposition is a detention order on the same terms and conditions as the detention order made in Mr. Burak’s file #8795, with the amendment that it contains a condition allowing Mr. Burak to reside in the community in housing approved by the person in charge and adding a condition prohibiting Mr. Burak from attending at Pera Café at 62 Nassau Street, Toronto, or at York University, North York campus.
Dated this 10^th^ day of June, 2026, at the City of Toronto, in the Region of Toronto.
Ms. J. Ferguson
Legal Member
__________________
Office of the Registrar
Ontario Review Board