Re: L. (J. X.)
ORB File No: 8843
Hearing held on: Wednesday, November 26, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. Y. Alatishe Dr. L.O. Lightfoot Hon. B. Allen Mr. J. Cyr
Parties Appearing:
Accused: L. (J. X.) Counsel: Mr. C. Hynes
The Person in charge of Hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated February 4, 2026)
Introduction
On July 25, 2025, L. (J. X.) was found unfit to stand trial on charges of sexual assault, and failing to comply with probation (x2), contrary to the Criminal Code of Canada. The Honourable Madam Justice Grinberg declined to hold a disposition hearing and remanded L. (J. X.) to the Centre for Addiction and Mental Health (“CAMH” / “the hospital”) by way of a Warrant of Committal, dated July 25, 2025.
On November 26, 2025, the Board convened a panel pursuant to s. 672.47(3) to determine whether L. (J. X.) remains unfit to stand trial under s. 672.48(1) of the Criminal Code. L. (J. X.) was present and represented by his counsel, Mr. Hynes.
At the outset of the proceedings, all parties were canvased as to their positions on the issues to be determined by the Board: whether L. (J. X.) remains unfit to stand trial; and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code. Should the Board determine that L. (J. X.) is fit to stand trial, he is to be sent back to court, and the court shall try the fitness issue and render a verdict.
Ms. Warner, on behalf of the hospital, submitted that L. (J. X.) is currently fit to stand trial and therefore should be sent back to court. In the interim, he would remain subject to the Warrant of Committal. Ms. Culp, on behalf of the Ministry of the Attorney General, and Mr. Hynes concurred in the hospital’s positions. Thus, a joint submission was put before the Board.
Findings
- For the reasons that follow, the panel found that L. (J. X.) is currently fit to stand trial. Pursuant to s. 672.48(2) of the Criminal Code, L. (J. X.) is to be sent back to court in order for the court to try the fitness issue and render a verdict. In the interim, L. (J. X.) will remain detained at the hospital pursuant to the Warrant of Committal.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated November 5, 2025 (ex. 1), and the viva voce evidence of Dr. Kung, L. (J. X.)’s treating psychiatrist.
Background and The Alleged Offences
Given the findings of the panel, there is no need to summarize at length L. (J. X.)’s personal, criminal, or psychiatric history, which are set out in the Hospital Report. The following background is provided for context for these Reasons.
L. (J. X.) is a single 44-year-old man who originally was from China. He has been diagnosed with schizophrenia and substance use disorder (crack cocaine, alcohol, fentanyl, and cannabis). For a number of years, he was treated by a psychiatrist at the Hong Fook Community Centre. On multiple occasions between 2017 and 2023, he was brought to hospital emergency departments to receive support regarding concerns for his wellbeing, erratic behavior in public, or aggressive outbursts towards his parents (in the context of being denied funds to purchase substances).
It is alleged that on June 18, 2024, L. (J. X.) approached a woman on the street and touched her in the genital area. It is further alleged that shortly thereafter, he approached a woman on the TTC and patted her buttocks. At the time, he was subject to a probation order requiring him to keep the peace and be of good behaviour.
L. (J. X.) was admitted to CAMH on May 26, 2025, pursuant to a Treatment Order. During the initial part of his admission, L. (J. X.) demonstrated significant psychotic symptoms, including grandiose delusions, disorganization of his thought process, latency to speech onset, thought blocking, and poverty of thought. Treatment with antipsychotic medication resulted in a gradual improvement in his psychotic symptoms, although residual delusions and disorganization remained. He was treated with a long-acting antipsychotic medication and became fit to stand trial, from a psychiatric perspective.
As noted above, the Court found that L. (J. X.) remained unfit to stand trial. He was returned to CAMH on August 28, 2025, pursuant to a Warrant of Committal. Although he initially refused medication, L. (J. X.) ultimately was treated with antipsychotic medication and was once again considered fit to stand trial from a psychiatric perspective. Consideration was given to returning him to Court pursuant to s. 672.48(3), however, L. (J. X.) refused to provide his consent.
L. (J. X.) stated that he did not want to return to being homeless and wanted to continue his stay in hospital pending his initial hearing before the Board. His mental status had remained stable.
Dr. Kung testified that she has been L. (J. X.)’s treating psychiatrist. She confirmed that L. (J. X.) has been compliant with medication and his mental status has remained stable. In her opinion, L. (J. X.) has been consistently fit to stand trial since September 17, 2025.
Dr. Kung testified that she last assessed L. (J. X.)’s fitness the morning of the hearing. He was able to answer the Taylor test questions and was able to demonstrate an understanding of the nature and object of court proceedings, as well as any potential consequences. During their conversation, L. (J. X.) demonstrated an organized thought process and was able to engage in a two-way discussion. L. (J. X.) consistently has been able to have this kind of discussion with Dr. Kung, including more nuanced conversations about his treatment, substance use and the benefits of being in hospital.
Dr. Kung indicated that L. (J. X.) has some chronic delusions that occasionally come up but do not interfere with his ability to engage in a conversation. Due to the nature of his schizophrenia and his history of heavy substance use, his thought process is slower, and it takes time for him to process things. As a result, at times, he can be slower at responding to questions. However, in her opinion, that does not impact on his ability to process information during a court hearing.
All parties maintained the joint submission.
Analysis and Conclusion
The panel carefully considered the Hospital Report and the evidence of Dr. Kung and unanimously concluded that L. (J. X.) is currently fit to stand trial. In reaching this conclusion, the panel has applied the principles enunciated by the Court of Appeal for Ontario in R. v. Bharwani, 2023 ONCA 2023, as recently affirmed by the Supreme Court of Canada, 2025 SCC 26.
L. (J. X.) has a diagnosis of schizophrenia and a long history of significant substance use. When untreated, L. (J. X.) experiences psychotic symptoms, including delusions and auditory hallucinations. Over the course of his admission to CAMH, L. (J. X.) has been compliant with treatment and his symptoms have become less prominent. Through discussions about the Taylor test questions, L. (J. X.) is able to demonstrate that he is able to appreciate his options, make decisions, and instruct counsel accordingly. He has the ability to meaningfully participate in the court process and to instruct counsel.
L. (J. X.) is currently fit to stand trial. He therefore is to be referred back to the court pursuant to s. 672.48(2) of the Criminal Code for a fitness hearing. In the interim, he will continue to be bound by the Warrant of Committal.
DATED this 4th day of February, 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson
Office of the Registrar Ontario Review Board