R. v. Kisun Date:, 2016 BCPC 24

Citation: R. v. Kisun Date: 20160120 2016 BCPC 0024 File No: 98241-1-K Registry: Kamloops IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. BOB AJAY KISUN REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE S.D. FRAME Counsel for the Crown: Ms. Monica Fras Counsel for the Accused: Mr. Eric Rines Place of Hearing: Kamloops , B.C. Dates of Hearing: March 2, April 30, May 11, July 20 and October 22, 2015 Date of Judgment: January 20, 2016

[ 1 ] I find that Bob Ajay Kisun is not criminally responsible by reason of a mental disorder. I refer the matter to the Review Board for disposition. Mr. Kisun shall remain in custody at a hospital pending that disposition by the Review Board. Mr. Kisun shall have no contact with Jodi L’Heureux while in custody or while under the disposition by the Review Board. [ 2 ] Bob Ajay Kisun is before me on a charge of criminal harassment pursuant to s. 264 of the Criminal Code . A guilty plea was taken and the Crown commenced the sentencing hearing with an application for a pre-sentence report.

This has ultimately led to a hearing regarding whether Mr. Kisun is not criminally responsible by reason of a mental disorder. [ 3 ] The complainant is Jodi L’Heureux. She and Mr. Kisun were in a romantic relationship some years ago which ended in or around 2009 or 2010. Their friendship continued thereafter. However, Ms. L’Heureux noticed that Mr. Kisun’s behaviour was becoming increasingly alarming. He heard voices, received directions and he became quite persistent. Ms. L’Heureux began to cancel plans made with Mr. Kisun whereupon she began to receive concerning, repetitive and threatening communications.

This occurred throughout 2010. [ 4 ] While the harassment charge before me is not based upon the communications occurring between 2010 and 2013, those communications form an important part of the history of the couple, the escalation of Mr. Kisun’s behaviour in the past, and the context of the harassing nature of Mr. Kisun’s current offence. [ 5 ] It should be noted that Ms. L’Heureux has red hair. In their older communications, her nickname is Gingersnap and his is Smellybee. On March 22, 2010, Mr. Kisun sent a message to her rambling about not being sure Ms. L’Heureux was “Jodi or a phone”.

In that same exchange of messages, he says “Jodi, this is Alice speaking, 808 has a bellhead, we needa fix his circuit”. When she tells him that she does not know what he means he replies “Jodi, there are 5 of us inside bobs melon, you broke his heart, when you split an atom, half that energy is going to you, you have half his heart. You waged war againsts him. In human terms you have killed an innocent child and are dragging an invisible copy of him leashed to somewhat say. He needs it back…”. The communications, largely from Mr. Kisun to Ms.

L’Heureux continue in a similar nonsensical, disturbing and often accusatory fashion. [ 6 ] While these communications are disturbing, they become much more threatening by the end of April, 2010: now, i know what you are.. some military hack.. first your family line chops down all the trees.. and then your sent in to kill the hearts of people who take care of the land. for you killed me, and created this thing of hate.. which i can only reflect to you the creator of hate. for you wanted a fight. and so you will have one. to me this is just childs play.. since youve proven you’re actually of zero worth. im kinda enjouing taking the job of 810. and check your gmail account.. theres more shit you helped create. i can only wonder how badyly you fucked up the people in your own home town. ohh yeah.. you probably have hiv, go get checked :) [ 7 ] The communications escalated over a very short period of time culminating in an e-mail on April 26, 2010 wherein Mr.

Kisun attached a link to the MIA video for a song called “Born Free”. That video was played in court. MIA is an English rapper. The lyrics for the song “Born Free” bear little relationship to the video. The video is a 9 minute horror show of escalating, horrifying, repulsive violence. A military group is seen rounding up young men and boys with red hair, beating them and doing violence to them. These prisoners are taken out to a field where they are compelled to run through a field. A young red-haired boy refuses and is shot in the head.

As the video progresses, the runners are mowed down with guns or blown up with land mines. It is an extremely graphic video. In the e-mail containing this link, Mr. Kisun wrote: jodi thia is a projection of my internal dynamics.. dont bother call me bobby anymore.. now pay attention to the video.. notice how the guy says BOOM, and the explosion in thw end? or the redhead curly haired kid.

Bobby found out what he is, and he knows what you are, were teching him something that he is suppose to teach a tarus and gemini.. thats makes you and horsetrackjodi. call the cops. thiey’re all my puppets now. google earth Kamloops, it loosk like a dead dove.. in laymens terms, youre sometype of device, thats causing a lot of issues. you want help, or you gonna do what typical humans do and unload it onto somwone else. do you wana do that to another city also? [ 8 ] This was obviously a very frightening communication for Ms. L’Heureux to receive. [ 9 ] A series of e-mails followed this e-mail.

The ramblings and nonsense escalated. Ms. L’Heureux did not respond to Mr. Kisun. She did go to the police and he was placed on conditions not to have any contact with her. He breached the no contact term on May 29, 2010 and again on June 5, 2010 when he delivered a package to her balcony. In it was a rolled up poster with nonsensical scribbling on it. This caused her a significant degree of fear. [ 10 ] Ultimately, on October 11, 2011, Mr. Kisun was placed on a peace bond for a period of six months. For a while, Ms. L’Heureux had relief. However, on December 30, 2013, Mr. Kisun contacted Ms.

L’Heureux through Facebook. The message is not threatening but it does disclose the concern for Ms. L’Heureux that Mr.

Kisun still suffered from mental health issues: hey up for a challenge, thatll get you your job back, the one you were suppose to get working beside the judge… pick your place, northvan or Vancouver… i did that whole court thing a while back to writwe up a program to show the provincial what a mockery i made of the judicial system that i help create btw: you did know that the provincial court admins division code is JUDI? what a coincidence, eh? ‘sides you told me no one would help you for what happened, and b: most important, you made me promise to never forget ya... so i spent the last little while(with the help of bc govt) writing this program for ya, tho the only thing is you’re the only one i know that knows the courtroom inside out. you see i notified the gov of the guise that’s happening in the provincial court, so they initilized the program. i would go about it myself, but it would be nice to have someone beside me to go about a noble cause. govt knows of your name, but they couldn’t find you. and the name ‘lhreureux is the name of the supreme court judge.. so its in your blood line.. to be part of the judicial administrative system and the code of l’heureux

[ 11 ] Following this somewhat disturbing message, Ms. L’Heureux received a number of letters and other unwanted contacts throughout 2014. Ms. L’Heureux responded telling Mr. Kisun to leave her alone, citing it as harassment and telling him that she would go to the police if he did not stop contacting her. [ 12 ] Mr. Kisun’s response and subsequent communications became increasingly non-sensical. After a long and rambling message about the North Vancouver and Kamloops courts and how Mr.

Kisun had created some program the government was unable to turn off - none of which makes any sense - he concludes his first e-mail of June 3, 2014 with: i gotta shop typing… im gonna write anothew email until i get rewply from ya… our fitghtin caused the caos to unfold... because that is how we mwade this applcation… ill tewll u morew… wed did this 3 times beforew. xoxoxo [ 13 ] While it may not seem that the e-mails are threatening, they are deeply troubling in the sense that they express a deliberate and relentless obsession that was frightening to Ms.

L’Heureux. [ 14 ] Most alarmingly, the letters were sent to Ms. L’Heureux at People in Motion, where she volunteers. She is connected to this organization by her LinkedIn profile. In other words, Ms. L’Heureux did not provide this e-mail to Mr. Kisun. He found it himself. Through that contact, he found the address of People in Motion. He sent letters. The letters are difficult to read and some of them entirely illegible. The envelopes and letters are covered in writing and move in the traditional as well as upside down and sideways directions.

Even those parts of the letters that are legible are non-sensical and deeply troubling. They show at the very least a profound obsession with Ms. L’Heureux. [ 15 ] In short, I do not view Mr. Kisun’s writings to Ms. L’Heureux in 2013 and 2014 to be merely love letters of an obsessed person suffering under a mental illness. They are disturbing, suggestive and visceral. [ 16 ] To be clear, Mr. Kisun is being charged with respect to the contacts in 2014 only. On his record, he has only the prior peace bond with circumstances which relate to this proceeding.

He otherwise has a very dated and unrelated conviction from 1998. [ 17 ] At the commencement of the sentencing hearing, Mr. Kisun’s counsel provided some background. Mr. Kisun was born on April 22, 1979 in Vancouver, British Columbia. He completed Grade 12, has a teaching certificate for yoga and now works with his father who is an electrician and plumber. At the time of the prior peace bond in 2011, Mr. Kisun was diagnosed with schizophrenia and was placed on medication. He took his medication for about a year before his physician felt it was no longer necessary for him to continue.

He was off that medication for approximately two years. Counsel submitted this may have been a mistake given the offending that followed. [ 18 ] In the summer of 2014, Mr. Kisun became involved with BC Mental Health and Substance Abuse Services who confirmed his admission and compliance with the program. The treating physician was out of the country on the date of submissions, but the psychiatric nurse who has had multiple contacts with Mr. Kisun spoke of him being a compliant patient. [ 19 ] On the first appearance of this sentencing, Mr.

Rines submitted that the letters contained nothing of a threatening nature, and were professions of love and to some degree an obsession. Since being placed back on mandatory medical treatment, Mr. Kisun had no further instances of contact. [ 20 ] Mr. Kisun has a supportive family. His mother and sister came to the original sentencing hearing. They drove him to Kamloops from Vancouver for the hearing and provided letters of support. [ 21 ] Ms.

Kisun-Dales wrote that it has been heart breaking to see her brother battle his mental health issues and that she had seen a marked improvement in his behaviour, particularly in the past 12 months (the letter being dated November 23, 2014). She reported that Mr. Kisun had expressed his remorse and regret for his actions in the past on more than one occasion and had spoken strongly to her about his commitment to changing his life. Mr. and Mrs. Pingla and Bal Kisun similarly expressed heart break to see Mr. Kisun battling mental health issues.

They also observed marked improvement in his behaviour as of November 2014. The letter is, in fact, identical to that of Ms. Kisun-Dales. They also provided a letter from Allan Dales, Mr. Kisun’s brother-in-law. He finds Mr. Kisun to be a man of excellent character with honour, honesty and integrity at the highest levels. He has no concerns in trusting the safety and care of his children to Mr. Kisun. He is aware of Mr. Kisun’s mental health issues, has expressed remorse for his actions and has committed to changing his life. [ 22 ] A pre-sentence report with a psychiatric component was completed by Dr. Adilman.

The report acknowledges reading the Report to Crown Counsel and acknowledges there had been two breaches of the original peace bond. The report summarizes an admission to the Vancouver General Hospital on July 31, 2014 and discharge on September 9, 2014 with a diagnosis of schizophrenia and secondary marijuana use disorder. He was discharged with medications on extended leave to his parents’ home with follow-up to be through the Psychiatric Forensic Outpatient Clinic.

There is a case note in the period of July 20 to 31, 2014 from an unspecified mental health agency noting: No agency was mentioned but presentation was inappropriate with females, bizarre ideas about government, bizarre ideation related to Lucifer, has a third eye, paranoid and auditory hallucinations. Suggested plan was that needs to be in hospital. [ 23 ] Dr. Adilman observed this from his own interview of Mr. Kisun: Mr. Kisun was informed that I was a psychiatrist and would be forwarding a report to Court. He was cooperative and offered information spontaneously. Mr.

Kisun had been attending the Vancouver Forensic Clinic as an order of bail since July 30, 2014. At that interview, he presented as someone who was uncooperative; had no insights; was pressured in his speech and was psychotic. He was certified under the Mental Health Act and admitted to the Vancouver General Hospital on July 30, 2014. Upon discharge from the hospital he was referred back to the Vancouver Forensic Clinic on extended leave. He has been attending the Vancouver Forensic Clinic since that time

on a regular basis and receiving anti-psychotic medications. He receives Paliperidone 150 mg interim muscularly every four weeks. He has responded to treatment and as of April 2, 2015, shows no signs of psychosis. [ 24 ] In the course of his interview, Dr. Adilman learned from Mr. Kisun that he sent the communications to Ms. L’Heureux while he was off his medication. [ 25 ] Dr. Adilman observed: On examination, Mr. Kisun presents as an East Indian male who looks younger than his stated age of 38. Throughout the consultations, he was cooperative. He is quite inquisitive and asks numerous pertinent questions.

He is not depressed or suicidal. He displays no evidence of anger or violence. He has no plans to harm himself or others. He is presently not certifiable under the Mental Health Act. He has, as I said previously, attended the Vancouver clinic on a regular basis and takes anti-psychotic medication. He is presently not psychotic. [ 26 ] Dr. Adilman concludes: Mr. Kisun although having been diagnosed with schizophrenia and having been non-compliant with medication at one time seems not to have good insight. He does not appreciate the fact that his present medication is what has reversed his psychotic symptoms.

He must continue this medication. He does not appear to be a significant threat of physical harm. I would recommend that if he is placed in the community on probation that he be ordered to continue to attend the Vancouver Forensic Clinic. I would recommend a lengthy probation period so that his treatment can be extended over a long period of time. He is a very kind and concerned young man. However he has little recollection of his past behaviour regarding the victim. [ 27 ] In the pre-sentence report prepared by probation officer, Jana Klinka, at the same time, Ms.

L’Heureux provided her Victim Impact Statement: She expresses concern that the subject is unstable when not taking his medication and it is this unpredictability of his behaviour that concerns her the most. She is not sure what he is capable of when he [sic] off his medication and “the voices in his head kick in and may become violent”. She acknowledges that the recent letter the subject sent her were not threatening but she does not want any contact with the subject in case he is not taking his medication.

She is upset about “the injustice in the system that is unable to protect me in the long term”. [ 28 ] In that report, the probation officer felt that Mr. Kisun had gained some insight in to how his actions and behaviour had negatively impacted his victim’s life. This seems a direct contradiction of Dr. Adilman and is troubling. Mr.Kisun assured the probation officer he would continue with his medication and would comply with whatever sentence the court felt was suitable. It turns out, he has not done so. Mr. Kisun told the probation officer that he never meant Ms.

L’Heureux any discomfort and feels remorseful because he did not mean to scare or harass her in any way. He told the probation officer that “he agrees that she never contacted him but also states that she never asked him to stop”. This is a startling lack of insight. [ 29 ] The probation officer spoke with Mr. Kisun’s father who acknowledged that Mr.

Kisun had significantly improved and stabilized once he began taking his medication regularly. [ 30 ] My primary concern with respect to both the psychiatric assessment and the pre-sentence report prepared by the probation officer was that they did not seem to understand the degree of the harassment Ms. L’Heureux endured five years ago. Without reviewing the same evidence that had been before the court, it was impossible for me to determine from these reports whether Mr.

Kisun was in some kind of cycle of deterioration that could culminate in the similar disturbing behaviours resulting in the prior peace bond. [ 31 ] Three days before the date upon which the matter was to return before the Judicial Case Manager to determine if the pre- sentence report was completed, I received correspondence directly from Mr. Kisun dated April 27, 2015. There was also correspondence addressed to Judge Marchand who had previously recused himself from this case because of a personal connection with Ms. L’Heureux. There are passages in that correspondence that do not bode well for Mr.

Kisun leaving off his obsession with Ms. L’Heureux. The letter commences with a long and rambling history that may or may not be true in any part, and appears to be largely delusional about her personal life. The letter is long, disjointed and difficult to follow. However, it appears to obsess about “helping” Ms. L’Heureux by engaging in the unwanted conduct so that her attention can come to the court and she can be hired as a Judicial Assistant.

It concludes with the following passage: The way I spell Jodi’s name, the first letter turned 90° and the third letter can be seen as a B or D, that spells two words Bobi is the feminine name of Bob, and a second word is Bodi which is the sound of the Sanskrit word Bodhi and Buddhism is the understanding possessed by “bhuda” regarding the true nature of things, translated with the word enlightenment it means awakened ________________________ Jodi L’Heureux (Bob’ll Hear you) [ 32 ] Counsel appeared before me on April 30, 2015. Mr.

Kisun’s counsel advised that he had been admitted to the hospital and was not doing well. Further diagnosis would be required. He was believed to be having a psychotic break. It was suggested that a fitness assessment might be needed. Mr. Kisun had been on an extended leave from his mental health certification and it had been thought he was doing well. At that time, the court ordered a s. 672.11(

a) out-of-custody assessment. [ 33 ] On May 11, 2015, Mr. Kisun’s counsel appeared before the court again to advise that Mr. Kisun was still at Vancouver General Hospital. The fitness assessment was expected to take seven weeks but could not be done until his medications had been stabilized. His

mental health community leave had been cancelled and he remained certified under the Mental Health Act . The file was adjourned to June 15 to fix a day for the continuation of the sentencing. [ 34 ] The sentencing came back before me on July 20, 2015. At that time, Mr. Kisun was no longer certifiable according to his counsel. He was not taking prescriptions but was still seeing his doctors. [ 35 ] Following a receipt of the letter to me, counsel were advised of it and provided a copy. Mr. Kisun was sent for a fitness assessment which was prepared by Dr. Kerr at BC Mental Health and Substance Use Services. Following a brief

summary of the events up to Dr. Kerr’s interview of Mr. Kisun, Dr. Kerr observes that Dr. Adilman recalled Mr. Kisun back to hospital on April 28, 2015 for evaluation of his mental state and review of his medication. Mr. Kisun was subsequently discharged on May 14, 2015 under Dr. Adilman’s care. Unfortunately, the discharge documentation was prepared in error and Mr. Kisun’s extended leave expired. Mr. Kisun was informed of this and refused to take further anti-psychotic medication. [ 36 ] In explaining why he wrote his letter to the court, Mr. Kisun told Dr.

Kerr that he sent the letters to me because he thought it might be helpful in explaining his defence and that he sent a letter to Judge Marchand because he believed it was in the best interests of Ms. L’Heureux to do so. Dr. Kerr concluded after his interview that Mr. Kisun was fit to proceed to sentencing but qualified this with his statement that “however, or given the fact that he has a history of schizophrenia and is currently not on medication, there is a possibility that his mental state could deteriorate”. [ 37 ] A further report was prepared on August 14, 2015.

The report inadvertently states a date of 2014 but it is clear that it was prepared in this calendar year. This report was prepared by Dr. Adilman. He was provided the Crown exhibits on this occasion. There is also a list of other materials specifically referenced. [ 38 ] Dr. Adilman states in this latest report: Based on the information available to me such as a statement of fact; binders including several typed and handwritten notes written by Mr. Kisun, discharge summaries and hospital reports; my own ongoing involvement with Mr.

Kisun, and the timeline from when he was arrested to when he was certified on July 30, 2014, I would conclude that at the time of the commission of the alleged offence, Mr. Kisun was acutely psychotic and that his actions were driven by his illness to the point that his judgment was impaired and he was deprived of the capacity to rationally evaluate right from wrong. He believes his actions were quite normal and that they were only expressions of his thoughts. He has poor insight. His judgment was grossly impaired.

I am further of the opinion that at the time of the offences, he was mentally ill to the point that he did not appreciate the nature and quality of his acts or that that they were wrong. In conclusion, it is my opinion that Mr. Kisun qualifies for NCRMD defense. [ 39 ] Mr. Kisun then arrived in Kamloops for continuation of this hearing. He contacted Ms. L’Heureux’s place of employment claiming to be an old friend trying to contact her. It is not untrue; but it is deceptive, calculating, and manipulative. [ 40 ] I was advised at the continuation of this hearing that Dr.

Adilman was no longer on the case because Mr. Kisun had begun trying to contact him and Dr. Adilman’s wife at his home. Mr. Kisun had stopped taking his medication and was refusing treatment. Having been inadvertently decertified under the Mental Health Act , Mr. Kisun was no longer compelled to take his medication and immediately stopped doing so. To compound matters, he believed that he was entitled to contact Ms. L’Heureux because the Information alleging the charges did not state her middle name. [ 41 ] Given Mr. Kisun’s recent conduct, further assessment was ordered and Mr. Kisun was detained.

That assessment has now been completed by Dr. Andrew Kolchak. The report outlines the numerous documents referred to by Dr. Kolchak in performing the assessment. There was also a review of the collateral medical documentation which sets out his history at presentation, diagnosis and treatment. It is a helpful

summary. [ 42 ] Similarly, there are accounts of interactions with Forensic Psychiatric Services Regional Clinic which outline the various delusions of cryptology, his decompensated living conditions, the bizarre content in letters including those written to the court about beating up Ms. L’Heureux’s brother, the notes he gave Mr. Bernier respecting the voices he was hearing with their repetitive phrases, and his report to Mr. Bernier that he believed the victim contacted him to say she had not written her statement but that the Crown had written it for her. [ 43 ] When Dr. Kolchak assessed Mr.

Kisun, he exhibited good eye contact, fair hygiene but profuse sweating. He was described as guarded and semi-cooperative. He did not appear to be responding to internal stimuli or have any auditory or visual hallucinations. Initially, his thought process appeared “linear and goal oriented, however when asked to speak at length about his communications during the index offense, it would become circumstantial and tangential, with clang associations and loosening of associations. His thought content had bizarre, paranoid delusions”. [ 44 ] Dr. Kolchak found that Mr.

Kisun had poor insight into his mental illness, did not believe he has schizophrenia and does not believe he needs psychiatric medication. Overall, Dr. Kolchak found that Mr.

Kisun had the “mental status of someone who is currently psychotic, his thought disorganization and delusions are consistent with schizophrenia”. [ 45 ] The DSM-5 diagnosis is of schizophrenia, multiple episodes; crystal meth amphetamine use disorder, in sustained remission in a controlled environment; cocaine use disorder, in sustained remission in a controlled environment; and cannabis use disorder, in sustained remission in a controlled environment. [ 46 ] Mr. Kisun related the history of his relationship with Ms. L’Heureux to Dr. Kolchak.

In relating that history, he made the following comments: “8 looks like B, I had to stop before 9 because then she gets into your mind”. He also told Dr. Kolchak that he “wanted to get away from her, so he wrote semi-threatening e-mails to get a peace bond against him, so she would not get into trouble”. This refers to the initial charges that led to the peace bond. [ 47 ] With respect to the offence for which Mr. Kisun has presently pleaded guilty and the breach charges before me, he explained to

Dr. Kolchak that he had promised to contact her when Ms. L’Heureux turned 30. He rightly pointed out that there was no barrier to him contacting her because the peace bond had come to an end. He explained to Dr. Kolchak that when she did not respond, he took it to mean that he could contact, and “he wanted her “to return” to her job in the Court. Mr. Kisun then explained that “Jodi L’Heureux is Code Law Route …. It’s administrative law, it’s what she’s good at.”” [ 48 ] Mr. Kisun advised Dr. Kolchak that he had written his June 3, 2014 e-mail in a computer code that simulates genetic code.

He understood when she threatened to call the police that harassment could lead to an arrest. He even seemed to understand the consequences to his victim if he did persist in making contact that was unwanted. However, he felt that Ms. L’Heureux’s response sounded fake claiming that he believed “that Ms. L’Heureaux’s, or his own computer sent the reply. “It looks like it got rerouted and someone looked at it. They edited it and sent it back to me …I used to hang out with a lot hackers. Either it was Jodi or a hacker or both at the same time.”” [ 49 ] He also explained to Dr. Kolchak that he believed Ms.

L’Heureux had programmed a psychological mechanism in him to promise to remember her. He persisted in his disconnected belief that it was not Ms. L’Heureux who had him charged but the RCMP. He also believed that the treatment team fabricated a date on a Facebook message Mr. Kisun had sent on June 8, 2014. [ 50 ] Dr. Kolchak concurred with the diagnosis of schizophrenia. While there was a prior diagnosis of illicit substance abuse, there appeared to be no evidence of drug use in the prior year. Consequently, Mr.

Kisun meets the criteria for crystal meth amphetamine use disorder, cannabis use disorder and cocaine use disorder, all in sustained remission currently in a controlled environment. [ 51 ] With respect to his mental status at the time of the initial offence before me, Dr. Kolchak found there to be a preponderance of disorganized thought including loosening of associations, association of sounds rather than meanings of words, bizarre and paranoid thought in his communications with Ms. L’Heureux, and psychotic with disorganized thought and bizarre ideation. Dr. Kolchak concluded that medically Mr.

Kisun was likely psychotic during the time of the index offence between December 2013 and July 2014. I find that the same conditions persisted with respect to the breach charges now before me as well. [ 52 ] Under his NCRMD assessment, Dr. Kolchak outlines the changes in Mr. Kisun’s psychosis dependent upon the medication he is taking which exhibits itself in poor hygiene and paranoid thought. He also believed Ms. L’Heureux to be the Hindu Goddess of Light and that she had programmed a psychological mechanism in him. Mr. Kisun believes that he is helping Ms. L’Heureux and is engaging in a noble cause. [ 53 ] Dr.

Kolchak concluded that it was his opinion Mr. Kisun did not appreciate the nature and quality of his actions at the time of the offence. I agree. [ 54 ] Further, Dr. Kolchak relates the history revealing that Mr. Kisun believes his contact with Ms. L’Heureux is legally sanctioned; that Ms. L’Heureux has contacted him; that Ms. L’Heureux did not make a statement to the crown and other such “fixed, false beliefs”. While Mr. Kisun appears to believe that harassment is morally wrong, this understanding appears to be in the abstract sense. He does not relate it to his contact with Ms. L’Heureux.

Because the offence itself covered a six month period (and indeed has extended well beyond that), Dr. Kolchak opined that the fixed false beliefs are entrenched. [ 55 ] In

summary, Dr. Kolchak opined that Mr. Kisun suffers from a mental disorder, being schizophrenia. He opined that Mr. Kisun suffered from that mental disorder at the time of the index offence with psychotic symptoms appearing to be active. This impaired his ability to appreciate the nature and quality of his actions, he had delusional beliefs that his actions were legally sanctioned, and that he was morally correct to contact Ms. L’Heureux. [ 56 ] Dr. Kolchak is of the view that Mr. Kisun needs ongoing care in a hospital and cannot be safely managed in the community at this time.

There are other recommendations made by Dr. Kolchak in the event that Mr. Kisun is found criminally responsible. However, I am satisfied on the evidence before me, the submissions of counsel and Mr. Kisun’s own presentation in court over time, that Mr. Kisun is not criminally responsible by reason of a mental disorder with respect to all charges before me. I believe it is necessary that the guilty plea that was entered so long ago is now withdrawn.

A finding of not criminally responsible by reason of a mental disorder is placed. [ 57 ] A copy of these Reasons shall be provided to the Review Board. [ 58 ] Having made that finding, I refer this matter to the Review Board for disposition and order that copies of all pre-sentence reports including psychiatric reports be provided together with copies of the exhibits to the Review Board for the purposes of that disposition. __________________________ S.D. Frame Provincial Court Judge