File: 6313

Ontario Review Board

IN THE MATTER OF the accused Richard Kachkar (DOB: 22.06.66); AND IN THE MATTER OF a hearing held pursuant to section 672.47(1) of the Criminal Code.

DISPOSITION (Dated April 29, 2013) WHEREAS the accused was, on March 27, 2013, found not criminally responsible on account of mental disorder on a charge of first degree murder, contrary to the Criminal Code; AND WHEREAS the court did not make a disposition but remanded the accused to the Toronto Jail, where he has remained to date; AND WHEREAS the Ontario Review Board held a hearing at the Old City Hall Courthouse, 60 Queen Street West, Toronto on April 26, 2013 to make a disposition: 1. IT IS ORDERED that the accused be detained at the Secure Forensic Service of the Ontario Shores Centre for Mental Health Sciences. IT IS FURTHER ORDERED that the person in charge of the Ontario Shores Centre for Mental Health Sciences create a program for the detention in custody and rehabilitation of the accused within the Secure Forensic Service of the Ontario Shores Centre for Mental Health Sciences, in which the person in charge, in his or her discretion, may permit the accused: (a) to attend within or outside of the hospital for necessary medical, dental, legal or compassionate purposes; hospital and grounds privileges, escorted by staff; hospital and grounds privileges, accompanied by staff; to enter the community of Whitby, escorted by staff; and to enter the community of Whitby, accompanied by staff.

2.

(b) (c) (d) (e)

2. 3. AND IT IS FURTHER ORDERED that the person in charge of the Ontario Shores Centre for Mental Health Sciences: (a) notify the local police at such times as he or she exercises his or her discretion to permit the accused to enter the community and to advise the local police of the terms and conditions under which he or she permitted the accused to do so pursuant to term 2 of this Disposition; and require the accused to submit, on a random basis, samples of his urine and/or breath for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant.

(b)

4.

AND IT IS FURTHER ORDERED that the accused, Richard Kachkar: (a) abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant; submit samples of his urine and/or breath to the person in charge of the Ontario Shores Centre for Mental Health Sciences or his or her designate for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant; and 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.

(b)

(c)

5.

AND IT IS FURTHER ORDERED that this Disposition will remain operative until a new Disposition of the Ontario Review Board is issued.

THIS IS THEREFORE TO COMMAND YOU, the person in charge of the Ontario Shores Centre for Mental Health Sciences, in Her Majestys name, to execute the terms of this Disposition. DATED this 29th day of April, 2013, at the City of Toronto, in the Toronto Region

______________________________ Office of the Registrar Ontario Review Board

File: 6313 Richard Kachkar Old City Hall Courthouse, 60 Queen Street West, Toronto