Re Elias Chavira-Gonzales, 2026 CanLII 8

Re: Elias Chavira-Gonzales

ORB File No: 7019

Hearing held on: December 10, 2025

Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas

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

Before:

Alternate Chairperson: Mr. J. Weinstein

Members: Dr. S. Bouskill Dr. L. Lightfoot Ms. C. Murray Ms. C. Plyley

Parties Appearing:

Accused: Elias Chavira-Gonzales Counsel: Ms. Alyssa Jervis

The person in charge of hospital: Counsel: Ms. J. Zamprogna

Attorney General of Ontario: Counsel: Mr. Rows

REASONS FOR DISPOSITION

(Dated January 2, 2026)

Introduction

1. On September 12, 2016, Mr. Elias Chavira-Gonzales was found not criminally responsible on account of mental disorder (“NCR”) on a charge utter a threat to cause death or bodily harm, contrary to the Criminal Code of Canada (the “Criminal Code”).

2. On December 10, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Chavira-Gonzales’ current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Chavira-Gonzales was ordered Discharged subject to Conditions.

3. Mr. Chavira-Gonzales was present for his hearing and was represented by counsel, Ms. Alyssa Jervis, throughout the proceedings.

4. A Hospital Report dated October 9, 2025, was entered as Exhibit 1.

5. The issues to be determined are whether Mr. Chavira-Gonzales continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

6. For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Chavira-Gonzales no longer meets the threshold of significant threat to the safety of the public. The Board finds that an Absolute Discharge is the necessary and appropriate Order.

Current Psychiatric Diagnoses

7. Schizoaffective Disorder;

Social Anxiety; and

Cocaine Use Disorder

Index Offence

8. Details of the index offence are extracted from last year’s Reasons for Disposition as follows:

“On the 27th of August 2015 at approximately, 5:09 p.m., Chavira-Gonzalez placed a telephone call from the Southwest Detention Centre where he was in custody to the Mexican Consulate in Ottawa. The call was then transferred to the Mexican Consulate in Leamington which is located at 350 Highway 77 in Leamington.

Chavira-Gonzalez then left a voicemail message directed at staff which was approximately three minutes long. Throughout the message, Chavira-Gonzalez threatened to blow up the Mexican Consulate in Leamington while occupied by people. Chavira-Gonzalez also threatened to tie up employees of the Mexican Consulate and harm them by mutilating their bodies. Chavira-Gonzalez referenced a previous time where he claims to have assaulted a past employee of the consulate which is unconfirmed and unreported to police. Chavira-Gonzalez uttered the threats in efforts to obtain a Mexican passport from the Consulate.

Count #1 – CC 264.1 (1)(a) Uttering Threats – Cause death or Bodily Harm

On the 27th day of August 2015, Mr. Chavira-Gonzalez, did by telephone knowingly utter a threat to persons at the Leamington Mexican Consulate to cause death to persons at the Leamington Mexican Consulate.”

Background, History, and Course Since Last Disposition

9. The Hospital Report contains extensive information regarding Mr. Chavira-Gonzales’ background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.

10. Mr. Chavira-Gonzales is a 57-year-old father of three sons. Mr. Chavira-Gonzales was born in Mexico. He immigrated to Canada with his parents in 1984 at the age of 15. He is currently a landed immigrant.

11. Mr. Chavira-Gonzales has a grade 11 education. He has historically had jobs at a greenhouse, roofing, landscaping, plastics installation, home renovation, and general labour work.

12. Mr. Chavira-Gonzales has a lengthy history of psychiatric admissions to hospitals commencing in 2008 including 3 admissions to Centre for Addiction and Mental Health (CAMH), 4 admissions to North York General Hospital, and 6 admissions to Windsor Regional Hospital. He was admitted numerous times under provisions of the Mental Health Act for treatment.

13. Mr. Chavira-Gonzales started drinking alcohol at the age of 19 or 20. As a teen, he started using cannabis. He started using cocaine in his early thirties. He also used ecstasy on a weekly basis during a six month period in his thirties.

14. Mr. Chavira-Gonzales has a criminal history for various charges dating back to 1989. He has convictions for charges including mischief, fail to comply with recognizance (x2), driving while ability impaired, fail to comply with conditions of undertaking given by officer in charge, uttering threats, attempt to obstruct justice, causing a disturbance, and disarming police officer.

15. There have not been any significant incidents in the past reporting year. Mr. Chavira-Gonzales did not experience any positive symptoms of psychosis throughout this reporting year. His symptoms were well managed on his current medications.

16. Mr. Chavira-Gonzales recognizes the signs of decompensation of his mental status, such as experiencing positive symptoms of his illnesses.

17. Mr. Chavira-Gonzales acknowledges that he has social anxiety, and that these symptoms keep him from considering residential drug treatment programs due to his reluctance to share information and speak in front of others. Throughout the reporting period, mood fluctuations were noted to be situational only.

18. Mr. Chavira-Gonzales attends a virtual Narcotics Anonymous (NA) meeting in Spanish, weekly. He has been sober since May 2023. All urine drug screens have been negative for substances this reporting period. He has been honest and open about cravings with his treatment team. Mr. Chavira-Gonzales states that he does not have thoughts of using substances and does not miss substances. With his extended period of sobriety, he has developed insight into his past actions of trying to hide his substance use and how his use triggered a relapse of his symptoms.

19. Mr. Chavira-Gonzales has recently re-engaged with Ambulatory Care Services in August 2025. He has attended four appointments to date.

20. The Hospital Report details Mr. Chavira-Gonzales’s insight into the index offence. He is able to recognize that the index offence occurred when he was suffering a decompensation of his mental illness and had stopped taking medications. He feels remorse for causing harm and is embarrassed by his behaviour at the time of the offence.

21. Mr. Chavira-Gonzales understands that he has a life-long mental illness. He appreciates that his medications control his symptoms. He has been adherent to his medication regimen. He obtains his anti-psychotic injection independently through a pharmacy. His oral medication is packaged in blister packs. He understands that he would destabilize without his medications and knows that he needs to take them for the rest of his life. He has had a long period of mental stability and is able to now recognize his past signs and symptoms of decompensation and how substance use can cause fluctuations in his mental health.

22. Mr. Chavira-Gonzales believes that he will not reoffend because he is taking his medications and knows he must abstain from substances. He has stated that he does not want to go through what he did when the offence occurred.

23. Mr. Chavira-Gonzales is supported by the Ontario Disability Support Program (ODSP).

24. Mr. Chavira-Gonzales’ family members are described as good personal supports. He has used monthly passes to see his family and rebuild his relationship with them. He talks to his sister frequently. She has supported him in the past, understands his illness and recognizes signs of decompensation.

25. Mr. Chavira-Gonzales’ community supports include his family doctor, his pharmacy, an RN and Dr. Balousha (psychiatrist) from Elgin Ambulatory Services.

Oral Evidence at the Hearing

26. Dr. Naghmeh Mokhber, Mr. Chavira-Gonzales’ attending psychiatrist and co-author of the Hospital Report, provided oral evidence at the hearing.

27. Dr. Mokhber testified that Mr. Chavira-Gonzales no longer poses a significant risk of safety to the public. She directed the Board to page 137 of the Hospital Report which outlines the information that supports her assessment that Mr. Chavira-Gonzales no longer poses a risk to the public.

28. Dr. Mokhber stated that, with respect to Schizoaffective Disorder, the rate for sustained remission is 40 to 60 percent. There are five factors related to sustained remission, all factors which Mr. Chavira-Gonzales possesses and participates in. These factors include medication adherence, treatment with psychotherapy, a stable routine and strong supports, early treatment and intervention, abstinence from substances. She noted that the sustained remission rate is high when individuals are on a long-acting injectable and mood stabilizer, which is consistent with Mr. Chavira-Gonzales’ medication regimen. She also highlighted the fact that Mr. Chavira-Gonzales lives in a shared home where there is cannabis use. Despite this, he has not used cannabis. She noted that he is internally motivated to abstain from substances.

29. Dr. Mokhber testified that the cost of Mr. Chavira-Gonzales’ medications is covered by ODSP.

30. On questions from the Board, Dr. Mokhber testified that Mr. Chavira-Gonzales has not addressed his trauma history in therapy. However, she doesn’t believe that this presents a future risk because he wants to stay in Canada and has permanent residency. His trauma occurred in his home country and he is not returning there.

Submissions of the Parties

31. In submissions, Ms. Zamprogna, on behalf of the hospital, took the position that Mr. Chavira-Gonzales no longer represents a significant threat to the safety of the public. As such, the hospital recommended an Absolute Discharge

32. Counsel for the Attorney General, Mr. Rows, supported the position of the hospital.

33. Counsel for Mr. Chavira-Gonzales, Ms. Jervis, joined the recommendation of the hospital.

34. All parties maintained their initial positions and congratulated Mr. Chavira-Gonzales on his commitment to his recovery.

Analysis and Conclusions

35. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Chavira-Gonzales no longer represents a significant threat to the safety of the public.

36. In making their finding, the Board relied on the Overall Clinical Assessment of Risk on page 137 of the Hospital report, which opines that Mr. Chavira-Gonzales no longer poses a risk of serious physical or psychological harm to members of the public, extracted as follows:

“1. Mr. Chavira-Gonzalez has not had a relapse of symptoms of his mental disorder or into substance use for over two and a half years. He is now able to identify symptoms of decompensation and understand how substance use can lead to a decompensation in his mental state;

2. Mr. Chavira-Gonzalez has been compliant with his medication throughout the reporting period. He has been accepting of treatment recommendations and has worked cooperatively with his treatment provider;

3. Mr. Chavira-Gonzalez’s insight into his mental illness and his need for Medication have improved significantly over the reporting period. He understands that his illness is life long and that he will need to take his medication to remain symptom free;

4. Mr. Chavira-Gonzalez’s insight into his substance use and his future risk of violence has greatly improved over the reporting period. He understands how the two are related and does not want to lose all the progress that he has made;

5. Mr. Chavira-Gonzalez reengaged with the Elgin Ambulatory Care team in August 2025, with which he has a therapeutic rapport. The team will be available to manage Mr. Chavira’s mental health needs and to support his future vocational goals;

6. Mr. Chavira-Gonzalez is connected with his family members who are aware of his condition and are good, risk-mitigating supports; and

7. Mr. Chavira-Gonzalez has stable housing and financial security.”

8. Though the Board is mindful of the nature of the index offence, the hospital did not present evidence of risk that would get over the threshold of significant risk as contemplated in the jurisprudence. Winko v. British Columbia (1999) 2SCR625 requires us to make evidence-based findings of significant threat, defined as “a real risk of physical or psychological harm”. We did not hear evidence of there being a real risk.

9. Dr. Mokhber was clear in her oral evidence that Mr. Chavira-Gonzales no longer represents a risk to the safety of the public.

10. The Board notes the decision of the Supreme Court of Canada in Winko, and in particular the court’s statement at paragraph 61, which states “perhaps, most importantly, the recommendations provided by the experts who have examined the NCR accused”. The Board accepts the evidence of Dr. Mokber and the unanimous opinion of the clinical team, who are the experts relating to this issue.

11. The Board finds that Mr. Chavira-Gonzales no longer represents a significant threat to public safety and, therefore, must find in favour of an Absolute Discharge.

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

Ms. Christine Murray Legal Member

Office of the Registrar Ontario Review Board