Ontario Review Board
Re: Rohan Mark Cole
ORB File No: 5070/6141/7465
Hearing held on: Wednesday, January 14, 2026
Place of hearing: Ontario Shores Centre for Mental Health Sciences
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. R. Sheppard Dr. L. O. Lightfoot Ms. C. Murray Ms. R. Chopra
Parties Appearing:
Accused: Rohan Mark Cole Counsel: Mr. A. Rai
The person in charge of hospital: Representative: Dr. K. De Freitas
Attorney General of Ontario: Counsel: Mr. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 29, 2026)
Introduction:
On April 18, 2008, Rohan Cole, was found not criminally responsible on account of mental disorder (“NCR”) on a charge of criminal harassment, contrary to the Criminal Code of Canada (the “Criminal Code”).
On June 14, 2012, Mr. Cole was found NCR on additional charges of criminal harassment x 2, fail to comply with a Disposition of the Ontario Review Board (“ORB”), and fail to comply with condition of undertaking or recognizance, all contrary to the Criminal Code.
On December 13, 2018, Mr. Cole was found NCR on new charges of disobeying a court order x2, repeatedly communicating directly or indirectly with person, all contrary to the Criminal Code.
Mr. Cole is currently subject to the terms and conditions of a Disposition of the ORB dated January 27, 2025 (as amended by an ORB Order dated December 30, 2025). Pursuant to the Amended Disposition (which is amended in accordance with the order of the Court of Appeal dated December 29, 2025), Mr. Cole is detained in the Secure Forensic unit of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or the “hospital”), with certain prohibitions and privileges including, passes to enter the community of Whitby, Ontario, indirectly supervised.
On January 14, 2026, a panel of the ORB convened at Ontario Shores in order to hold a hearing to review Mr. Cole’s current Disposition pursuant to Section 672.81(1) of the Criminal Code. Mr. Cole’s counsel, Mr. A. Rai, was present at the hearing. Mr. Rai advised that he recently had an opportunity to meet with his client who had his expressed anxiety about attending the hearing and asked to be excused. Mr. Rai advised that he had instructions to proceed in his client’s absence. Accordingly, Mr. Cole was excused from attending the hearing pursuant to s. 672.5(10) of the Criminal Code.
The issues to be considered at this hearing are whether Mr. Cole is a significant threat to public safety as defined in s. 672.5401 of the Criminal Code and, if he is found to be a significant threat to the community, the determination of the necessary and appropriate disposition in the circumstances bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below, the Board is of the view that the necessary and appropriate Disposition is that Mr. Cole be detained in the Forensic Program of Ontario Shores on the same terms and conditions as are set forth in his existing Disposition subject to the following amendments:
revise paragraphs 2 (e, f, g, h) of his existing Disposition to reflect a geographical boundary within a 150 kilometre radius of the Ontario Shores;
add the privilege of community living in accommodation approved by the person in charge;
add a reporting requirement of not less than once per week; and
delete paragraph 4(d) from his existing Disposition regarding restrictions on Mr. Cole’s use of telephone, Internet, mobile devices, or any other means of electronic communication
Index Offences:
- The circumstances giving rise to the index offences are set forth in detail on pages 2-8 of the Hospital Report to the ORB dated January 6, 2026 (the “Hospital Report”), and may be summarized as follows:
The index offences, involving criminal harassment and repeatedly communicating
directly or indirectly with a person, were all perpetrated against the same individual, a Canadian actress and TV personality. Mr. Cole was suffering from Schizophrenia characterized by erotomanic delusions, at the time the offences were committed. Many of the phone calls to the victim were of a sexual and/or threatening nature.
Positions of the Parties:
- At the commencement of the hearing, all parties were canvassed as to their initial recommendations to the Board. Counsel for the hospital recommended that Mr. Cole continues to represent a significant threat to public safety and that he should continue to be bound by his existing Detention Order Disposition subject to the following amendments:
identify detention within the Forensic Program of the hospital (as opposed to the Secure Forensic unit);
revise paragraphs 2 (e, f, g, h) of his existing Disposition to reflect a geographical boundary within a 150 kilometre radius of the Ontario Shores;
add the privilege of community living in accommodation approved by the person in charge;
add a reporting requirement of not less than once per week, or as required; and
delete paragraph 4(d) from the Disposition regarding restrictions imposed on Mr. Cole’s use of telephone, Internet, mobile devices, or any other means of electronic communication.
Counsel for the Attorney General supported the hospital’s position but indicated that she would like to hear evidence on the appropriateness of the proposed community living privilege.
Counsel for Mr. Cole indicated that his client was in favour of the hospital’s recommendations and he would not be contesting the issue of significant threat at this hearing.
The parties maintained their initial respective positions in closing submissions. Counsel for the Attorney General indicated that she was in support of the addition of a community living privilege. As a result, the Board was presented with a joint recommendation.
Personal History and Background:
Mr. Cole’s background and personal information is outlined in the Hospital Report and need not be repeated in detail here. Briefly stated, as at the hearing date, Mr. Cole was a 56-year-old man who was born and raised in Jamaica, primarily under the care of his mother. Mr. Cole immigrated to Canada at age 15, after being sponsored by his father. He has a Grade 10 education. He has worked for Canadian Tire, a government agency and a grocery store, where he was employed for seven years. He is financially supported by Ontario Disability Support Program.
Mr. Cole was married in 1990 and is now divorced. He has four adult children from that union and he has grandchildren. His family remains supportive of him.
Mr. Cole has disclosed frequent cannabis use which continued unabated over the years.
Legal History:
Mr. Cole has a criminal record consisting of two counts of break and enter, attempt to break and enter and use of stolen credit card. These convictions occurred between 1991 and 1997.
The Hospital Report also details past assaultive behaviour perpetrated against his former spouse and co-patients.
Psychiatric History:
Mr. Cole was first treated for mental illness in or about 1998. He endorsed depressive symptoms and prominent anxiety at the time. Mr. Cole’s prior psychiatric history indicates three admissions to hospital prior to 2008.
Mr. Cole was admitted to Brockville Mental Health Centre on March 3, 2008 for an assessment of criminal responsibility with respect to the index offences of January 1, 2007 to January 8, 2008. Subsequently, Mr. Cole was discharged to the community on September 15, 2009. He was conditionally discharged on June 30, 2011. Thereafter, he had several re-admissions to hospital, as a result of auditory hallucinations and use of alcohol and cannabis. He also began contacting the victim of the index offenses and was found NCR on the second set of charges on June 14, 2012.
On December 13, 2018, Mr. Cole was found NCR for a third time with respect to new charges of disobeying a court order x2, and repeatedly communicating directly or indirectly with the victim of the original index offences.
On April 9, 2019, Mr. Cole was transferred to Ontario Shores from Brockville Mental Health Centre pursuant to a Disposition dated February 28, 2019.
Current Diagnoses:
- Mr. Coles current diagnoses are:
Schizophrenia;
Cannabis Use Disorder, moderate, in early sustained remission; and
Alcohol Use Disorder, moderate, in early sustained remission.
Evidence at the Hearing:
Dr. K. De Freitas, who has been Mr. Cole’s attending in-patient psychiatrist since January 2025, co-authored the Hospital Report and testified at the hearing to supplement the evidence contained in the documentary record. She advised that there was only one material update to the Hospital Report, which will be addressed below.
Following last year’s annual hearing, as required by his ORB Disposition, Mr. Cole was transferred to the secure Forensic Rehabilitation Unit (“FRU”) on January 28, 2025. Prior to that transfer, he had resided on the general Forensic Community Reintegration Unit. Mr. Cole’s transfer to the FRU was triggered, in part, in response to two incidents of elopement from the hospital during his exercise of indirectly supervised hospital and grounds privileges.
The first elopement occurred on November 9, 2024 when he absconded from hospital grounds and went to his brother’s home in Brampton. Prior to his AWOL, he had rescheduled his long- acting injection and did not return for its administration. Urine drug screens conducted on his return revealed the presence of cocaine and opiates. The second elopement occurred on January 11, 2025, just days prior to his annual hearing. On that occasion he again went AWOL when exercising indirect hospital grounds privileges. He was located hours later on Durham transit and returned to the hospital by police. Upon his return, he presented as verbally aggressive and agitated and required several hours of locked seclusion to settle.
Dr. De Freitas advised that Mr. Cole continues to be assessed as capable to consent to his psychiatric treatment and the mainstay of his treatment is the antipsychotic medication, Flupentixol. In July 2025, Mr. Cole requested to switch from the long-acting injection format of this medication to the pill form. Mr. Cole has been compliant with taking this medication on a daily basis over the reporting year albeit within the structured environment of the hospital.
Mr. Cole is quite guarded in discussing his internal mental state but has been observed laughing to himself while alone, likely in response to internal stimuli. He becomes frustrated and closed off when questioned about these incidents, but denies experiencing symptoms of his illness. The Hospital Report states that when assessed in November 2025, Mr. Cole initially denied hearing voices, but upon further discussion, acknowledged that he hears a voice approximately once per month that lasts for a short time. He denied that the voice belongs to the victim of the index offences. He denied experiencing any command auditory hallucinations and advised the infrequent voice does not upset him. He denied visual hallucinations. He denied delusions.
The Hospital Report indicates that Mr. Cole continues to experience challenges with emotional regulation and impulsivity, which often lead to angry outbursts, verbal aggression and threats directed at staff and co-patients. This occurs particularly when he perceives that his needs are not met. A Behavioural Plan has been established by his behavioural therapist and he is most often directed to a quiet room when he becomes escalated.
The Hospital Report includes a detailed list of numerous incidents of concern over the past reporting year. Many incidents involve Mr. Cole using disrespectful, rude, derogatory and/or threatening language towards staff and co-patients. Staff have had concerns about him smoking cigarettes on the unit and regarding his compliance with restrictions placed on him pursuant to his phone plan. At times, when he becomes agitated and is unresponsive to nursing staff direction, security staff is called to assist in taking to a quiet room to settle. Typically, when given time alone to reflect, he is able to regulate his emotions, and de-escalate without the use of pharmaceutical intervention. He has not required the use of physical or chemical restraints.
On one occasion in May 2025, Mr. Cole required a brief period of seclusion when he became agitated in response to staff needs to increase their monitoring on him given concerns about water intoxication. On another occasion in November 2025, Mr. Cole was aggressive to property and threw his phone against the wall when limits were placed upon his phone used by staff.
Dr. De Freitas advised that on January 7, 2026, Mr. Cole engaged in an assault on a male nurse on the unit. The incident occurred when Mr. Cole was told there would be a wait for him to utilize phone privileges and he became verbally agitated. He pushed the nurse against the wall. Security staff was called and Mr. Cole fought with a security guard and kicked him approximately four times in the head and/or torso. The security guard suffered a concussion. Mr. Cole was taken to seclusion and settled over time. The following day when the incident was reviewed with him, he expressed no remorse but simply stated that he felt stressed about his upcoming birthday and his ORB hearing. A few days later, he expressed feeling sorry that he had behaved that way. Dr. De Freitas commented that this recent aggressive behaviour was the first time that Mr. Cole had physically assaulted anyone over the past reporting year.
Dr. De Freitas testified that had Mr. Cole not engaged in the assault on January 7, the treatment team had planned to begin the process of introducing indirectly supervised grounds privileges. However, in light of this recent incident, any access to indirectly supervised privileges will be on hold for at least a week. The team will likely require several additional weeks of clinical stability before such privileges are gradually introduced.
Dr. De Freitas stated that if Mr. Cole is able to use indirectly supervised hospital and grounds privileges for up to one hour in duration, without incident, from the secure forensic unit, then the treatment team will more favourably consider his readiness for transfer to a general forensic unit. It will be important for Mr. Cole to demonstrate that he is able to utilize increasingly liberal privileges on an indirectly supervised basis without relapsing to substance use. The doctor commented that in her opinion, substance use would be very likely to exacerbate his behavioural volatility.
Over the past reporting year, here have been no AWOL episodes or elopement attempts and Mr. Cole has used his supervised hospital ground privileges frequently without issue. He has also frequently used his supervised community privileges to go shopping in the local community as well as to the Oshawa Centre.
Mr. Cole is supported by his family, both in Canada and in Jamaica and he speaks with them over the phone regularly. Mr. Cole has maintained relationships with his daughters and regularly speaks to them. His relationships with his daughters are supportive; however, they do create financial stressors for him as he tries to financially assist them. Mr. Cole does not yet have an Approved Person. Mr. Cole has expressed his long-term goal of living in the community at his brother’s home.
Mr. Cole continues to express limited insight into the impact that substances such as cannabis and alcohol can have on his mental state. He has consistently refused concurrent disorders counseling and he has stated that he is offended that programming of this nature has been recommended for him. To his credit, all urine drug screens conducted over the past year have been negative for the presence of alcohol and, but his ability to access such substances has been very limited.
Mr. Cole participates in individual programming with the recreational therapist. He has also engaged in individual therapy with a psychologist. The goals of his therapy focused on managing interpersonal challenges, regulating impulsivity and emotional regulation. The sessions were discontinued because Mr. Cole became romantically interested in his therapist.
In order to progress to a less secure General Forensic unit, Dr. De Freitas stated that the treatment team would like to see:
a complete absence of physical aggression towards others and better control over Mr. Cole’s impulsivity, including an absence of sexually inappropriate conduct;
no further AWOL episodes;
continued compliance with his antipsychotic medication;
full compliance with all terms of his ORB Disposition including, no contact with the victim of the index offences; and
his ongoing participation in individual therapy to further the development of his insight across all domains.
Dr. De Freitas testified that the team is hopeful that Mr. Cole will be a candidate for a transfer to a general forensic unit within the next 3 to 4 months should he continue on his current positive trajectory.
In addressing the rationale for removing the limitations on Mr. Cole’s phone use from his existing Disposition, Dr. De Freitas testified that Mr. Cole has not engaged in problematic (i.e., harassing) phone use over the year in review. Further, he has not contacted the victim of the index offences since 2018. Dr. De Freitas advised that Mr. Cole has denied any continuing fixation on the victim of the index offences or any desire to reach out to her. The doctor stated that he is well aware that any attempt to contact the victim would be likely to result in new criminal charges being brought against him and result delay in his progression under the ORB.
The condition currently in his Disposition requires that he refrain from the use of telephone, internet, mobile devices, or any other means of electronic communication unless under the direct supervision of hospital staff. The doctor testified that if Mr. Cole were to be transferred to a general forensic unit, this phone restriction condition would render it very difficult to exercise indirectly supervised privileges and would essentially create a barrier to his transfer to a less secure unit. The doctor commented that, at this juncture, the treatment team does not consider this clause is necessary or appropriate to protect the safety of the public.
Dr. De Freitas advised that the suggested revisions to paragraphs 2 (e, f, g, h) of Mr. Cole’s existing Disposition to reflect a geographical boundary within a 150 kilometre radius of the Ontario Shores was primarily to achieve some consistency in Dispositions of the hospital.
With regard to the hospital’s recommendation that a community living provision in accommodation approved by the person in charge of the hospital be added to his Disposition, the doctor advised that this was required in order to begin the process of securing suitable, supportive accommodation for Mr. Cole in the community. The doctor noted that without a community living term in his Disposition, Mr. Cole cannot successfully be placed on supervised housing wait lists. The doctor advised that it was unlikely Mr. Cole would be an appropriate candidate for discharge to community living over the course of the next year.
The doctor advised that Mr. Cole continues to represent a significant risk to the safety of the public. Mr. Cole continues to exhibit poor judgment and impulsive behavior and has demonstrated over the year in review that he has the capacity to act out in a violent manner. The Hospital Report identifies numerous incidents of concern as noted above. The doctor stated that Mr. Cole is highly reactive and impulsive and, when agitated, he has responded with threats of physical violence. Unfortunately, on January 8, 2026, Mr. Cole acted out with physical aggression. The doctor commented that emotional regulation remains an ongoing challenge for him Dr. De Freitas opined that Mr. Cole’s challenging behaviours are unlikely to be driven by his psychosis or mood symptoms but rather his behaviours are driven by hi characterological issues.
In addressing Mr. Cole’s clinical risk, the Hospital Report indicates:
“His risk flows primarily from his major mental disorder, namely schizophrenia. This has led to auditory hallucinations, including hearing the voice of the victim of the index offense, which increases the risk that he will attempt to contact her in the future. Unfortunately, Mr. Cole tends to be very guarded when discussing symptoms of his mental disorder. At times. he adamantly refuses to speak to his attending psychiatrist, to the point where he eventually had to be told that he would not be allowed to access off unit privileges unless he first spoke to his psychiatrist. Even when he does agree to speak to his attending psychiatrist, he is easily frustrated by questions regarding his mental state, and will often refuse to answer them. There is also concern that he minimizes his symptoms. For example, he will at times tell his psychologist that he is experiencing auditory hallucinations, while denying this to his psychiatrist. This makes it difficult to accurately assess the extent of his psychosis, and hence of his risk to the public.
Absent the support and supervision of the Ontario Review Board, there is a significant likelihood that Mr. Cole will fall away from psychiatric treatment, stop his antipsychotic medication, and resume substance use. This would lead to an exacerbation of his psychotic symptoms, which would likely lead to him contacting the victim of the index offenses, and causing her serious psychological harm. It would also likely increase his irritability and aggression, and increase the risk of physical harm to members of the public.”
- No further evidence was called by the parties.
Analysis and Conclusions:
Having heard and considered all of the evidence and the submissions of the parties, the Board finds that Mr. Cole continues to pose a significant risk to the safety of the public. We find that there is a foreseeable and substantial risk that Mr. Cole would commit a serious criminal offence, if discharged absolutely. The Board notes the nature of the index offences, Mr. Cole’s criminal history, his history of substance and alcohol use and, his history of supervision failures. Mr. Cole continues to exhibit poor judgment and impulsive behavior and has demonstrated as recently as the week preceding this ORB hearing that he has the capacity to act out in a violent manner. Further, we note that Mr. Cole absconded from the hospital twice in the previous reporting year.
The Board finds that the necessary and appropriate Disposition requires that Mr. Cole remain subject to a Detention Order Disposition at the present time. Dr. De Freitas specified several goals that, if achieved, will signal to the treatment team Mr. Cole’s readiness to be transferred to a general forensic unit. The doctor anticipated that if Mr. Cole stays on his recent positive trajectory, he may be a candidate for transfer within the first half of the upcoming reporting period. For these reasons, we find that his Disposition should specify his detention within the Forensic Program to allow the hospital the discretion to move him to a general forensic unit when his clinical presentation warrants that transfer.
In terms of the request for the inclusion of a community living privilege, the expert evidence before the panel indicates that it is appropriate to include this discretionary privilege to facilitate placing Mr. Cole on housing waitlists which can be exceptionally long. Although it is unlikely that Mr. Cole will be a candidate for discharge to the community over the course of the upcoming reporting year given, among other things, that he has not yet been able to exercise indirectly supervised privileges, we still consider the inclusion of a community living privilege necessary and appropriate to achieve the long-term goal of community reintegration.
Accordingly, this Board orders that Mr. Cole continue to be bound by a Detention Order Disposition, subject to the following amendments:
identify his detention within the Forensic Program of the hospital (as opposed to the Secure Forensic unit);
revise paragraphs 2 (e, f, g, h) of his existing Disposition to reflect a geographical boundary within a 150 kilometre radius of the Ontario Shores;
add the privilege of community living in accommodation approved by the person in charge;
add a reporting requirement of not less than once per week, or as required; and
delete paragraph 4(d) from the Disposition regarding restrictions imposed on Mr. Cole’s use of telephone, Internet, mobile devices, or any other means of electronic communication.
- In making our decision, we have considered the paramount need to protect the public from dangerous persons, the mental condition of Mr. Cole, his reintegration into society and his other needs.
DATED this 29^th^ day of January 2026, at the City of Toronto, in the Region of Toronto.
Ms. L. Banks Alternate Chairperson
______________________________
Office of the Registrar Ontario Review Board