Re Minh Tran, 2026 CanLII 56733

Re: Minh Tran

ORB File No: 7746

Hearing held on: Thursday, May 7, 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. R. Kunjukrishnan (via Zoom) Dr. L.O. Lightfoot Ms. C. Murray Ms. M. McKinnon

Parties Appearing:

Accused: Minh Tran Counsel: Ms. C. Currie

Person in charge of hospital: Representative: Ms. T. Murdock

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

REASONS FOR DISPOSITION

(Dated June 2, 2026)

Introduction

1. On June 23, 2020, Mr. Minh Tran was found not criminally responsible on account of mental disorder (“NCR”) in relation to charges of attempted murder, aggravated assault, assault with a weapon, possession of a weapon for a dangerous purpose, and fail to comply with probation (x2), all contrary to the Criminal Code of Canada (the "Criminal Code").

2. Mr. Tran is currently subject to a Detention Disposition of the Ontario Review Board (the “Board”), dated May 7, 2025, detaining him at the Waypoint Centre for Mental Health Care - High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint” or the “hospital”) with privileges up to and including hospital and grounds privileges, beyond the secure perimeter, escorted by staff.

3. On May 7, 2026, a panel of the Board convened an in-person hearing pursuant to s. 672.81(1) of the Criminal Code. The issues to be decided at the hearing were whether Mr. Tran 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.

4. Mr. Tran was present at the hearing and represented by his lawyer, Ms. Catherine Currie.

5. The Board had before it a Hospital Report dated March 25, 2026, which was entered as Exhibit 1. A Rule 13 Response Letter from the Centre for Addiction and Mental Health (“CAMH”) dated April 24, 2026, was entered as Exhibit 2.

6. For the reasons set out below, and based on the evidence before us, this Board has concluded that Mr. Tran continues to pose a significant threat to the safety of the public and the necessary and appropriate Disposition required to manage the threat posed to the public by Mr. Tran is a Detention Disposition detaining him at CAMH with conditions as recommended by the hospital, with residual authority vesting with Waypoint until such transfer is effectuated, as set out in our formal Disposition.

Positions of the Parties

7. At the outset of the hearing the parties were canvassed as to their without prejudice positions. The hospital representative, Ms. Murdock, stated that Mr. Tran remains a threat to the safety of the public. On behalf of the hospital, she recommended Mr. Tran’s transfer to and Detention at the Forensic Programs of CAMH with the following privileges and conditions:

8. To attend within or outside of the hospital for necessary medical, dental, legal or compassionate purposes;

9. Hospital and grounds privileges escorted by staff;

10. Hospital and grounds privileges accompanied by staff;

11. To enter the catchment area of CAMH escorted or accompanied by staff;

12. To abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;

13. To submit samples of his urine and/or breath to the Person-in-Charge of CAMH, or his or her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant; and

14. To refrain from having in his possession any firearm, ammunition or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer;

15. Refrain from having in his possession incendiary devices or materials.

The Hospital recommended that residual authority remain with Waypoint pending transfer of the accused and, at the discretion of the Person in Charge, to implement the following privileges and conditions:

1. To attend within or outside of the hospital for necessary medical, dental, legal or compassionate purposes;

2. Hospital grounds privileges, beyond the secure perimeter, escorted by staff;

3. To abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;

4. To submit samples of his urine and/or breath to the Person-in-Charge of Waypoint Centre for Mental Health Care, or his or her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant;

5. To refrain from having in his possession any firearm, ammunition or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer; and

6. To refrain from having in his possession incendiary devices or materials.

7. Counsel for the Attorney General supported the hospital’s position.

8. Ms. Currie conceded the issue of significant threat and agreed with the position of the hospital. Therefore, there was a joint position on all issues.

Index Offences

10. The circumstances giving rise to the Index Offences are set out in the Hospital Report in detail and are taken from last year’s Reasons for Decision and Disposition as follows:

“On September 14, 2017, the victim and a neighbour were walking on Driftwood Avenue in Toronto. Mr. Tran approached them and began stabbing the victim multiple times in the head and body. Despite attempts by witnesses to intervene, Mr. Tran persisted, ignoring their efforts. The assault, captured on cellphone video, lasted approximately four minutes until police arrived. An officer then shot Mr. Tran, ending the attack.

The victim sustained severe injuries, including ten stab wounds to his face and head, a three-inch laceration on his left hand, and a sternum wound. Mr. Tran and the victim were not acquainted, and the victim had no prior recollection of him. Police recovered a broken stainless steel kitchen knife with a six-inch blade.

At the time of the index offences, Mr. Tran had been previously convicted in April 2017 of assault bodily harm and assault peace officer. He received a suspended sentence and was subject to a 36-month Probation Order, which included conditions to ‘keep the peace’ and refrain from possessing any weapons.”

Background Information and Course Since Last Disposition

11. The Hospital Report details Mr. Tran’s personal background and history and will not be repeated extensively herein. Briefly, Mr. Tran is a 35-year-old born in Waterloo. Mr. Tran has reported that he began hearing voices, including command hallucinations, at the age of 11. He reported daily suicidal ideation as a youth and one suicide attempt at age 12. He reported that he had been in and out of jails and detention centres since grade 7. At age 15, Mr. Tran was arrested for fighting in school, following which he assaulted police. He did not have any mental health supports in the community in his youth.

12. Mr. Tran has a history of substance use including alcohol, heroin, ketamine, and cannabis (which he began smoking at age 12). He disclosed that he snorted Wellbutrin while in hospital at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”).

13. Mr. Tran has a limited employment history, having worked as a general labourer for two different jobs for a couple of days each. He worked part-time at Value Village in high school. He has been supported by the Ontario Disability Support Program for several years.

14. Mr. Tran was admitted to the Provincial Forensic Program at Waypoint from August 11 to September 11, 2015, on a Treatment Order, having been found Unfit to Stand Trial on charges of assault with a weapon, aggravated assault, possession of a weapon for a dangerous purpose, assault peace officer and two counts of attempt to disarm police officer. On September 9, 2015, he was found by Dr. Van Impe to be Fit to Stand Trial and it was recommended he be returned to court. He was transferred to Maplehurst Correctional Centre on September 10, 2015, where he precipitously decompensated due to refusal of medications. He was returned to Waypoint on September 23, 2015, until October 15, 2015, to restore his fitness to stand trial. He was found Fit to Stand Trial by the ORB on April 12, 2016. He was transferred from Waypoint to Ontario Shores on February 16, 2017, for a second opinion regarding his criminal responsibility in relation to the charges. He was assessed as criminally responsible for the charges. He was discharged from Ontario Shores on April 12, 2017. There is no information in the Hospital Report regarding Mr. Trans’ whereabouts from April 12, 2017, to the date of the index offences.

15. Mr. Trans’s diagnoses are:

• Schizophrenia
• Substance Use Disorder, in sustained remission in a controlled environment
• Antisocial Personality Disorder

16. Mr. Tran is incapable of consenting to his psychiatric treatment. The Public Guardian and Trustee is his substitute decision-maker.

17. In July 2025, Mr. Tran’s long-acting injectable medication (Haloperidol) was titrated from 300mg biweekly to 500mg every four weeks after Mr. Tran complained of pain at the injection site.

18. On August 28, 2025, Mr. Tran was transferred from Beckwith A unit to Beausoleil A unit. The Beausoleil Program contains less structured units and offers more independence. He has remained under Dr. Mishra’s care throughout the review period. Since January 2026, Mr. Tran has maintained a C4 security level, which allows him to be off the unit for two hours at a time.

19. There have been no incidents of aggression over the review period.

20. Mr. Tran has attended several therapeutic groups during the reporting period, including a six-week anger management course. Since the autumn of 2025, he has attended 1:1 psychotherapy sessions and 1:1 addiction counselling.

21. Mr. Tran has twice weekly Zoom visits with his mother and sister.

Oral Evidence at the Hearing

22. Dr. A. Mishra, Mr. Tran’s attending psychiatrist, provided oral evidence at the hearing.

23. Dr. Mishra testified that Mr. Tran has not presented with challenging behaviours this year. He has managed well on Beausoleil A. Mr. Tran has participated in therapeutic groups including decider group, anger therapy, and substance use groups. Mr. Tran regularly attends at vocational services.

24. This year Mr. Tran has successfully participated in grounds walks beyond the secure perimeter with staff.

25. All four of Mr. Tran’s random urine drug samples have been negative for substances this year.

26. Mr. Tran considers the support of his family very important to him. In Toronto, the family will have a greater ability to visit him.

27. Dr. Mishra testified that Mr. Tran’s excellent progress this year is attributed to the incremental effect of clozapine, participation in groups and activities, and moving to the Beausoleil program. Additionally, the resumption of contact with his family has been a big motivating factor for him. Dr. Mishra stated that he believes that Mr. Tran should be able to sustain his progress if transferred to CAMH.

28. One-to-one therapy has provided Mr. Tran with some understanding of his mental health issues.

29. In an attempt to consolidate medications, Mr. Tran’s morning dose of Nozinan was lowered earlier in the year. However, this resulted in an increase in Mr. Tran’s anxiety, so the dose was returned to the prior higher dose. Mr. Tran is doing so well on his current medication regimen that Dr. Mishra does not want to change it again.

30. Since January 2, 2026, Mr. Tran has enjoyed a C4 security level, which permits him to be off unit two hours at a time, unaccompanied. C4 also allows him to use gardening tools.

31. Dr. Mishra does not know how long it will take for the transfer to CAMH.

32. At the conclusion of Dr. Mishra’s evidence, Mr. Tran proudly showed the Board the impressive number of certificates he achieved in the past year for his participation in various programs.

Analysis and Conclusion

33. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board independently concluded that Mr. Tran continues to represent a significant threat to the safety of the public.

34. In coming to its conclusion regarding significant threat, the Board relies on the Composite Assessment of Risk set out at page 185 of the Hospital Report, extracted as follows:

“Mr. Tran suffers from a major mental illness, namely schizophrenia. He is receiving ongoing treatment with 2 antipsychotic medications, including clozapine. Previously, his violent behavior was directed at others on a regular basis, in the form of unprovoked attacks, which he stated was in response to command auditory hallucinations. There was evidence of victim selection for his assault and he often chose vulnerable fellow patients as targets. Recently he has acknowledged the benefit from medication, and his insight has improved. He has a history of significant violence in the past when unwell and a history of poor compliance with treatment if not closely supervised. He also has a history of substance use problems which increases the risk of recidivism independently of mental illness. The risk he poses to public safety is currently managed by the structure and support of the high secure forensic program. His actions have not resulted in any incidents of significant harm to anyone due to staff vigilance. He requires structure and support to maintain his recovery and manage the threat to public safety. It is the unanimous opinion of the team that the risk to public safety can be managed in a setting of lower security under the auspices of the Ontario Review Board.”

35. In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.

36. Although Mr. Tran continues to require the structure and support of a hospital setting to support and maintain his recovery, he has made significant gains this year. Most importantly, Mr. Tran successfully transitioned to the Beausoleil Program, which has less structured units and offers greater independence. He did not require seclusion at any time during the reporting period. With the vigilance of staff, Mr. Tran has not engaged in any aggression over the reporting period.

37. Mr. Tran would like to be transferred to CAMH to be closer to his family. Mr. Tran’s family lives in the Toronto area. He has maintained contact with them via Zoom during his time at Waypoint. The Board accepts Dr. Mishra’s evidence that resumption of contact with his family has been a motivating factor for Mr. Tran.

38. In their Rule 13 Response Letter, CAMH agreed with Waypoint that Mr. Tran’s level of risk no longer requires the high secure forensic setting offered at Waypoint. CAMH did not object to the transfer of Mr. Tran to their facility. CAMH pointed out there is an extensive waitlist for transfers of individuals from other facilities to CAMH and were not able to provide any meaningful timeframe for transfer.

39. The parties did not raise the issue of a transfer to Ontario Shores where Mr. Tran had previously been hospitalized. There has not been a Rule 13 notice letter sent to Ontario Shores, nor is there any indication of the length of their waitlist.

40. Considering the above factors, the Board finds that a transfer to CAMH is reasonable and appropriate.

41. The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is a Detention Disposition at the Forensic Programs at CAMH with the privileges and conditions recommended by Waypoint and jointly submitted by all parties. Residual authority shall remain with Waypoint until such time as the transfer is effectuated, as set out in the formal Disposition.

42. The panel congratulates Mr. Tran for the efforts he has made toward his excellent progress this year. We wish him the best as he awaits his transfer to CAMH.

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

Ms. C. Murray Legal Member

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Office of the Registrar Ontario Review Board