Re: Riccardo Marsala
ORB File No: 3335
Hearing held on: Wednesday, May 27, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Sections 672.81(1) and 672.81(2.1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. R. Wood Hill Dr. G. Nexhipi Ms. A. Israel Ms. K. McMillan
Parties Appearing: Accused: Riccardo Marsala Counsel: Mr. A. Rai
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DECISION AND DISPOSITION
(Dated June 10, 2026)
On March 20, 2001, Riccardo Marsala was found not criminally responsible by reason of mental disorder on a charge of utter death threat.
Mr. Marsala is currently subject to a Disposition of the Ontario Review Board dated May 8, 2025, by which he was ordered to be detained at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (“CAMH”) with a number of privileges including the privilege of living in the community in 24-hour supervised accommodation in the Greater Toronto Area. The Board understands that Mr. Marsala had been living at a LOFT residence in the City of Toronto.
By letter dated April 15, 2026, CAMH advised the Ontario Review Board that Mr. Marsala had been returned to the hospital on April 14, 2026. Mr. Marsala’s stay in hospital exceeded seven days.
As a result, on Wednesday, May 27, the Ontario Review Board convened a hearing at CAMH and conducted both an annual hearing and also a Restriction of Liberty hearing arising from Mr. Marsala’s return to hospital.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Dr. Darby appeared as the hospital’s representative at this hearing. It is the hospital’s position that the return to hospital was warranted and remained the least onerous and least restrictive decision throughout Mr. Marsala’s stay in hospital.
The Alternate Chair noted that the letter of April 15, 2026, stated that Mr. Marsala was being detained on “PRTU7” and the Alternate Chair inquired as to that particular unit. Dr. Darby advised that is a non-forensic unit and that the patient had been placed in that unit simply because there was not a bed available in a forensic unit at that time. Dr. Darby subsequently confirmed that on May 22, Mr. Marsala was transferred from the non-forensic unit into a General Forensic Unit at CAMH. Dr. Darby repeated that it took that amount of time for a bed to become available on a forensic unit. Finally, in response to another question from the Alternate Chair, Dr. Darby advised that his patient remains in hospital in a General Forensic Unit.
In response to a question from the Alternate Chair, Dr. Darby advised that should the Board choose to specify the level of security with respect to this Disposition, the appropriate level would be detention on a General Forensic Unit.
Mr. Feindel appeared for the Attorney General. He accepts that the return to hospital was warranted and that Mr. Marsala’s ongoing stay in hospital, both in a non-forensic unit and subsequently in a General Forensic Unit was the least onerous and least restrictive decision available to the hospital. Mr. Feindel and the hospital accepts that the necessary and appropriate Disposition is a continuation of a Detention Order with the terms set out in last year’s Disposition.
Mr. Rai appeared for Mr. Marsala. The Alternate Chair noted that Mr. Marsala was not present and asked Mr. Rai why his client was not in attendance. Mr. Rai explained that his client frequently has not attended for Review Board hearings and believed his client finds such hearings to be stressful.
Dr. Darby asked if he could speak to this particular issue.
Dr. Darby stated that the clinical team had been adjusting Mr. Marsala’s medication. One of the side effects of the new medication is that Mr. Marsala has become very drowsy and, in Dr. Darby’s opinion, Mr. Marsala has a very valid reason for not attending at today’s hearing. The Board accepted the position set out by Dr. Darby and the request made by Mr. Rai. The Board exercised its discretion under s. 672.5(10)(1) and permitted Mr. Marsala to be absent from this hearing.
Index Offence
- “On December 4, 2000, while at his mother’s house Mr. Marsala picked up a knife in the kitchen and then put the knife down. He then told his mother, “I want to kill you.” Mr. Marsala attempted to immediately apologize but his mother called the police and he was arrested.”
Evidence at Hearing
- The Board admitted into evidence the correspondence between CAMH and the Ontario Review Board with respect to the Restriction of Liberty and the hospital put into evidence the Hospital Report dated May 11, 2026. The Hospital Report provides a great deal of information concerning Mr. Marsala, his personal history, his mental health history, and details concerning Mr. Marsala’s course in hospital and in the community subsequent to the date of the original NCR finding. As the Hospital Report was made an exhibit in this hearing it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
We do note, however, the stated diagnoses of:
Schizophrenia;
Substance Use Disorders in remission in a controlled setting;
Personality Disorder Unspecified;
Rule Out Paraphilic Disorder.
Dr. Darby noted that Mr. Marsala has been living in the LOFT residence on O’Connor Drive. He is generally well managed at that facility; however, his conduct outside of that facility is very problematic. Mr. Marsala has a history of attending at emergency wards of local hospitals without any real basis for doing so. Mr. Marsala has a history of lying down on a public street without a reason for doing so. We note from the Hospital Report that Mr. Marsala “has repeatedly exposed himself to females, which has caused him great interpersonal difficulty, including numerous arrests. It would appear that his inclination in this regard is facilitated or released by his major mental disorder with associated hyper-arousal and disinhibition.”
Dr. Darby noted the following which led to the decision to readmit Mr. Marsala to hospital. Mr. Marsala attended at the Michael Garron Hospital on six consecutive days. Mr. Marsala lays down on O’Connor Drive frequently. That act by itself was both dangerous to Mr. Marsala and dangerous to members of the public. The clinical team decided that it was absolutely warranted to bring Mr. Marsala into hospital by reason of that conduct.
Dr. Darby advised of a potential move for Mr. Marsala. LOFT operates another home known as the PATH home. There is a higher degree of support in that home. There is more staff at that home as compared to the O’Connor Drive site. Although it is not a locked facility, Dr. Darby understands that the residents in that home can only go out of that facility with the consent of the home operator. Dr. Darby noted that this residence is located at Dufferin and Finch Street in the City of Toronto.
Dr. Darby understands that one of the requirements for a placement at the PATH home is that the patient has applied for a long-term care residence. This is something that the clinical team will have to deal with in order to facilitate a move to a PATH home.
With respect to the restriction of liberty, Dr. Darby repeated that the resort to a non-forensic unit was simply a matter of a lack of bed in a forensic unit. Dr. Darby advised that Mr. Marsala did receive privileges while in that non-forensic unit. Dr Darby repeated that when a bed became available on May 22, Mr. Marsala was transferred to that unit. Mr. Marsala is currently in unit 1-2 under the care of Dr. Valoo. Dr. Darby repeated that Dr. Valoo and her team have been making adjustments to Mr. Marsala’s medication.
Dr. Darby stated his opinion that Mr. Marsala remains a significant threat to public safety. Dr. Darby noted a history of assaultive behaviour and his current very risky behaviour in the community. In response to a question from the Alternate Chair, Dr. Darby advised that if the Board saw fit to specify a level of security in connection with the Board’s submission, Dr. Darby stated it would be to a General Forensic Unit.
Mr. Feindel referred to the following paragraph in the Hospital Report:
“Given the escalation in Mr. Marsala's behaviour and the concern that this would put his housing in jeopardy, it was decided that he needed to be admitted for a somewhat longer admission with more intense interventions aimed at breaking the cycle of his regressed behaviour.”
This particular quote was in reference to a readmission that took place in June of 2025.
In response to questions from Mr. Rai, Dr. Darby stated his understanding that this patient receives privileges while being detained in a non-forensic unit. Dr. Darby stated his belief that Mr. Marsala was transferred from the non-forensic unit directly to unit 1-2. In response to a further question from Mr. Rai, Dr. Darby accepted that over the past year there have been no actual physical assaults to third parties.
No other evidence was heard at this hearing.
Findings of the Board
At the conclusion of the evidence, the Board once again canvassed the parties as to their positions. Each party accepted that Mr. Marsala remains a significant threat to public safety and each party accepted that a Detention Order is necessary and appropriate. In addition, each party accepted that Mr. Marsala’s return to hospital was warranted and his ongoing stay in hospital represents the least onerous and least restrictive decision available to the hospital.
As a result, the Alternate Chair canvassed the members of the panel as to whether or not a member would like to hear submissions on any issue. The panel did not have questions. Accordingly, we had no need for submissions.
The Board accepts the evidence of Dr. Darby and the evidence contained in the Hospital Report. We accept that the return to hospital was warranted, and we accept that Mr. Marsala’s ongoing stay part of the time in a non-forensic unit and part of the time in a forensic unit was the least onerous and least restrictive decision available to the hospital. We accept the only reason for the detention in a non-forensic unit was the lack of beds in a forensic unit. We also note the evidence that Mr. Marsala did receive privileges while in a non-forensic unit.
This panel accepts that it is the Board’s responsibility to specify levels of security when making Detention Order Dispositions. We accept Dr. Darby’s evidence that if the Board were to specify, the hospital would recommend a Detention Order on a General Forensic Unit. That will be the only change we make in the current Disposition.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Marsala’s mental condition and his other needs, and Mr. Marsala’s reintegration into society.
DATED this 10^th^ day of June, 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
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Office of the Registrar Ontario Review Board