Re Sukhbir B. Mann, 2026 CanLII 56713

Re: Sukhbir B. Mann

ORB File No: 6420

Hearing held on: Wednesday May 6, 2026

Place of hearing: Waypoint Centre for Mental Health Care

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

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. P.L. Darby Dr. L.O. Lightfoot Ms. C. Murray Ms. M. McKinnon

Parties Appearing:

Accused: Sukhbir B. Mann Counsel: Ms. C. Francis (via Zoom)

Person in charge of hospital: Counsel: Mr. J. Thomson

Attorney-General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated June 2, 2026)

Introduction

1. On October 18, 2013, Mr. Sukhbir B. Mann was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault with a weapon (x3), aggravated assault, failure to comply with probation order (x6), and assault, all contrary to the Criminal Code of Canada (“Criminal Code”). Mr. Mann is currently subject to a Disposition of the Ontario Review Board (“ORB” or “Board”) dated May 23, 2025, detaining him at Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint” or “the hospital”). He has privileges up to and including hospital grounds privileges, beyond the secure perimeter, escorted by staff.

2. On May 6, 2026, a panel of the Board convened to review Mr. Mann’s Disposition pursuant to s. 672.81(1) of the Criminal Code.

3. A Hospital Report dated March 19, 2026, was marked as Exhibit 1. An External Seclusion Consultation Report of Dr. Naidoo dated April 13, 2026, was marked as Exhibit 2.

4. The issues to be decided at the hearing were whether Mr. Mann continues to represent a significant threat to the safety of the public as set out in s. 672.5401 of the Criminal Code, and, if so, what is the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

Position of the Parties

5. At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Mr. Thomson took the position that Mr. Mann remains a significant threat to the safety of the public, and that a Detention Order with no change to the terms was necessary and appropriate.

6. Ms. Armenise supported the position of the hospital on behalf of the Attorney General.

7. Ms. Francis conceded the issue of significant threat and agreed with the Disposition proposed by the hospital. Therefore, there was a joint position on all issues.

8. The parties maintained their respective positions in closing submissions.

Findings

9. For the reasons set out below, the panel found that Mr. Mann continues to pose a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the Detention Order with no change to the terms.

Index Offences

10. The circumstances of the index offences are detailed in the Hospital Report at pages 2 to 4, and summarized as follows:

Assault with a Weapon (3 counts) and Aggravated Assault

On January 1, 2013, Sukhbir Mann, entered an Esso Gas Station on Markham Road, City of Toronto. He went to the Tim Horton’s counter to order a coffee and then started pacing back and forth. As the male and female victims were dealing with the Esso cashier, the accused approached from behind with a knife in his right hand and lunged from behind slicing the male victim’s entire right cheek.

When another male victim came to the aid of the first victim, Mr. Mann brandished his knife and said, “Do you want some too?” He then walked back over to the Tim Horton’s counter, picked up his coffee and threw his full hot coffee at the female victim. He then left the Esso Station and walked eastbound on Sheppard Avenue. Police arrived on scene and placed him under arrest.

Mr. Mann was subject to four various probation orders at the time of these assaults and aggravated assault, including three orders to “keep the peace and be of good behaviour” and “abstain from owning, possessing or carrying any weapon, contrary to the Criminal Code”.

Assault

On June 27, 2013, the victim officer assigned to inmates from the 2A unit retrieved Sukhbir Mann and another inmate. The victim officer conducted a pat down search of Mr. Mann and then moved on to do the same with the second inmate. Mr. Mann said to the victim officer, “How are you doing?” to which he replied “Fine.” As he turned away, he felt a hard blow to the left side of his head and face. The victim officer turned and saw Mr. Mann backing away from him with both fists up and clenched.

At the time of this assault, Mr. Mann was subject to two probation orders to keep the peace and be of good behaviour.

Background and Course During the Reporting Period

11. The Hospital Report describes Mr. Mann’s background in detail and need not be repeated here extensively. In summary, Mr. Mann is a 40-year-old single man who was raised in Toronto in a violent neighbourhood where he associated with gangs. Mr. Mann completed grade 12. He attended the University of Windsor but could not complete his education indicating that paranoia, particularly while under the influence of cannabis, caused him to leave.

12. Mr. Mann reported alcohol use beginning at age 13 and cannabis use beginning at age 19. He self-reports that he is very violent under the influence of alcohol.

13. Mr. Mann worked for one year in a security job. He is now supported by the Ontario Disability Support Program.

14. Mr. Mann has an extensive criminal history commencing in 2009, including inter alia multiple assaults and assaults with weapons.

15. Mr. Mann has the following diagnoses:

• Schizophrenia;
• Cannabis Use Disorder, in remission in a controlled environment;
• Alcohol Use Disorder, in remission in a controlled environment;
• Antisocial Personality Disorder

16. Mr. Mann is incapable of consenting to his psychiatric treatment. His sister is his substitute decision-maker.

17. During the reporting year, Mr. Mann resided on the Beckwith program. He remains in seclusion, which has been necessary to manage his presentation and risk throughout the year. He is currently progressing through a restraint minimization plan with a view to eventually ending the use of restraints and seclusion. Mr. Mann has a history of unpredictable behaviour, including targeted and opportunistic assaults on staff. He minimizes his assaultive history either by glorifying it, denying it, or blaming the victims. He lacks insight into his risk of violence.

18. In a note dated July 21, 2025, Dr. Ismail stated, “We are taking an extremely cautionary approach given his past history. Cautionary approach is warranted given that every time this patient is allowed some amount of liberty, it ends up being an assault towards the staff.”

19. During seclusion, Mr. Mann was offered seclusion relief daily when he presented appropriately during assessment of his mental status. During the reporting period, he participated in seclusion relief 152 times, declined offers of seclusion relief 65 times, and was deemed inappropriate for seclusion relief 51 times. A Crisis Prevention Plan (“CPP”) is utilized by staff, which lists Mr. Mann’s triggers for violence, as well as behaviours known to be early warning signs. The CPP includes strategies to minimize escalation of behaviours and emphasizes the importance of consistency amongst staff with respect to addressing behavioural presentation, boundaries, expectations, rules, and limits. The CPP included a de-restraint plan, which was initiated in January 2026. As of April 29, 2026, Mr. Mann is no longer in seclusion.

20. With respect to medication compliance, the Hospital Report at page 190 includes Dr. Ismail’s notes of February 17, 2026, extracted as follows:

“One of the ongoing issues has been his poor compliance with medication. This is evident from a subtherapeutic valproic acid level that was seen on December 12. Since then, more enhanced arrangements have been made to make sure he takes his medication and it is within this context his valproic acid level is within normal limits as of February 3, 2026 at 396 mcmol/L.”

Oral Evidence at the Hearing

21. Dr. Ismail provided oral evidence at the hearing as follows:

a. Mr. Mann did a good job sticking to the CPP de-restraint plan. Mr. Mann’s seclusion was discontinued on April 29, 2026. He had been secluded in his room. The only time he needed restraints was when he came out of his room. He is now able to interact with co-patients.

b. Now that Mr. Mann is out of seclusion, his CPP will be modified. Mr. Mann has been oriented to the CPP and knows the next steps he is taking in his treatment. If Mr. Mann does not meet expected behaviours, then privileges can be scaled back. He also is aware how to gain further privileges.

c. Mr. Mann’s treatment was optimized over the reporting period. His clozapine was recently increased to 550mg from 500mg daily. The treatment team has found that, although he has breakthrough symptoms, Mr. Mann does best on this dose.

d. Mr. Mann will be engaging in psychotherapy, specifically cognitive behavioural therapy for psychosis.

e. Dr. Naidoo’s report contains recommendations for medications. The treatment team plans to implement these recommendations in a small stepwise fashion.

f. Mr. Mann has privileges on the unit. It is anticipated that he will receive further privileges in a week. There have been no behavioural issues since discontinuation of seclusion.

g. Mr. Mann is motivated by external rewards. His insight is limited.

h. Mr. Mann’s sister is his substitute decision-maker and he has good family support.

22. Mr. Mann provided oral testimony at the hearing as follows:

a. He has published a book of poems. Mr. Mann read two of his poems to the Board. Mr. Mann stated that he has been published in the hospital’s poem competition three times.

b. Mr. Mann advised the Board that he has not assaulted anyone for 28 months. He has been sober for 18 years.

c. Mr. Mann stated that he is going to make music in the future.

23. No further evidence was called by the parties.

Analysis and Conclusions

24. Based on the Hospital Report and the evidence of Dr. Ismail, the panel concluded that Mr. Mann continues to represent a significant threat to the safety of the public. Mr. Mann has a long history of violence in the context of his mental illnesses. There continue to be persistent concerns across multiple domains including limited insight, entrenched violence risk factors, ongoing psychiatric symptoms, behavioural instability, suspected non-compliance with medication, and an inconsistent response to treatment. His lack of insight is particularly concerning in relation to his violence risk. Mr. Mann consistently minimizes, glorifies, and externalizes his extensive history of violent behaviours. His history of unpredictable assaults is extensive and has warranted the use of seclusion for almost the entirety of the reporting period.

25. The Board accepts and relies on Dr. Ismail’s comprehensive Clinical Assessment of Risk at pages 199 to 201 of the Hospital Report, and the summary is extracted as follows:

“In summary, Mr. Mann’s risk for future violence remains high. This risk is driven by persistent lack of insight, a pattern of targeted and unpredictable aggression, ongoing psychotic symptoms, a callous and entitled interpersonal style, and limited internalization of treatment gains. His risk is currently managed only through the intensive structure, supervision, and restrictions inherent to a high secure forensic setting. Any reduction in these controls at this time would substantially increase the likelihood of violence. Accordingly, the current disposition remains necessary and appropriate to ensure the safety of others.”

26. Absent the oversight of the ORB and the intensive structure and supervision at Waypoint under a Detention Disposition, Mr. Mann’s risk of harm to others would substantially increase.

27. The Board would like to thank Mr. Mann for his oral evidence and sharing his lovely, heartfelt poetry with us. We wish him the best for the coming year.

28. The panel finds that a continuation of the Detention Order, with no change to terms and conditions, is necessary and appropriate, and the least onerous and least restrictive Disposition for Mr. Mann.

DATED this 2nd day of June 2026, at the City of Toronto, in the Region of Toronto.

Ms. C. Murray Legal Member

__________________

Office of the Registrar Ontario Review Board