Ontario Review Board
Re: Safi Nur
ORB File No: 8198
Hearing held on: Wednesday, August 20, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse
Members: Dr. W. Sutton
Dr. S. Lessard
Mr. P. Capelle
Mr. A. Bouvier
Parties Appearing:
Accused: Safi Nur Counsel: Ms. M. Munsterman
Person in charge of the hospital: Representative Dr. A. Sandhu
Attorney-General of Ontario: Counsel: Mr. J. Wright
REASONS FOR DECISION
(Dated September 19, 2025)
Introduction
On December 21st, 2022, the accused, Safi Nur, was found not criminally responsible on account of mental disorder on a charge of assault with a weapon, contrary to the Criminal Code of Canada ("Criminal Code"). She is currently subject to a disposition of the Ontario Review Board ("ORB" or "the Board"), dated April 15th, 2025, and an Order amending that Disposition dated May 26th, 2025, which transfers her to the Forensic Service of the Centre for Addiction and Mental Health, Toronto with discretionary privileges up to and including the ability to reside in the community in approved accommodations.
By letter dated July 10th, 2025, the hospital notified the Ontario Review Board that Ms. Nur was transferred from the Community to a Forensic bed on the hospital's Youth Unit, thereby resulting in a loss of privileges.
On August 20th, 2025, the Ontario Review Board convened a hearing at the Royal Ottawa Mental Health Centre ("ROMHC"), hereinafter referred to as the hospital, to review that restriction of liberty pursuant to s. 672.81(2.1) of the Criminal Code. Ms. Nur was present and represented by counsel, Ms. Marni Munsterman. A hospital report dated August 7th, 2025, was entered as Exhibit No. 1.
The only issue for this hearing was whether the restriction of Ms. Nur's liberty by admission to hospital was warranted and reasonable in the circumstances.
Without Prejudice Position of the Parties
- Dr. Sandhu, on behalf of the hospital, submitted that the restriction of Ms. Nur's liberties was necessary and appropriate and continues to be. Mr. Wright, on behalf of the Attorney-General advised that he anticipates agreeing with the hospital position after having heard the evidence. Ms. Munsterman indicated that her client opposed the initial restriction as well as its continuation.
Current Diagnoses
Schizophrenia
Cannabis Use Disorder
Evidence at the Hearing
The hospital's evidence was presented through its report as well as the testimony of Dr. Amanjot Sandhu. This evidence is summarized below.
As the only issue before the Board was the restriction of Ms. Nur's liberty by readmission to hospital, the details regarding the index offences as well as regarding Ms. Nur's personal, criminal, and psychiatric history will not be repeated as these are addressed in the Reasons for Disposition dated May 26th, 2025. Those Reasons followed an April 15th, 2025, Disposition which transferred her to the Centre for Addiction and Mental Health ("CAMH") in Toronto. Pending that transfer, she continued to work with the ROMHC treatment team by both phone and video from Toronto.
Dr. Sandhu advised that Ms. Nur's mother, who resides in Ottawa, can be a negative influence on her daughter's degree of risk. After abruptly leaving her mother's residence on June 3rd, 2025, the treatment team assisted Ms. Nur in filing a police report and in transitioning to reside at the Cornerstone Shelter while another approved accommodation was sought. It was determined that she was engaging in high-risk behaviours such as possible sex work and pawning her phone while living in a shelter. A Form 49 was issued whereby she was returned and admitted to the ROMHC while the treatment team organized a more consistent treatment plan and housing. Ms. Nur is currently maintained on a Youth Forensic Unit with Level 3 privileges while awaiting transfer to the Forensic Rehabilitation Unit. In the 48 hours preceding this hearing, the hospital received a positive THC finding for Ms. Nur. When confronted, she stated that she had not used. Notwithstanding this positive test result, the intent remains to transfer her to the Forensic Rehabilitation Unit when a bed becomes available. In the interim, she continues to engage in programming.
Although contained in her current disposition, there is no indication when a transfer to CAMH may occur.
Ms. Nur recently underwent neurocognitive testing, the results of which have not yet been obtained.
Responding to questions from Mr. Wright, Dr. Sandhu noted that his patient was experiencing pervasive difficulties since returning from Toronto on June 2nd. Specifically, in managing funds, in identifying appropriate housing and attending to her financial needs while on ODSP.
If released from hospital, Ms. Nur is likely to remain in Ottawa. There are concerns of cyclical abuse relating to the influence of her mother, specifically, drug use and sex work.
Responding to questions from Ms. Munsterman, Dr. Sandhu confirmed that the Youth Unit where Ms. Nur is currently housed is locked. However, Ms. Nur has access to similar privileges to what she would have on the Forensic Rehabilitation Unit.
Dr. Sandhu opined that Ms. Nur's vulnerability does not depend on whether she is in Toronto or in Ottawa. When previously discharged in Ottawa, absent contact with her mother, Ms. Nur was consistently engaged with the treatment team and able to remain in the community for an extended period.
Asked if there will be an early Board called to remove the transfer request to CAMH, Dr. Sandhu advised that this may be considered. This is because Ms. Nur is now stating that she no longer wishes to relocate to Toronto and consistency of care is an important element of her treatment.
Previous disengagement may relate to Ms. Nur's cognitive issues and vulnerability stemming from her mother's involvement as well as the envisioned transfer to Toronto. Local housing options will be discussed a week after this hearing at a case conference.
Dr. Sandhu's estimated discharge timeline from the ROMHC to the community is months adding that this likelihood is much higher than that of a transfer to Toronto. Dr. Sandhu added that Ms. Nur's mental state is more stable at present than at the time of readmission when she was demonstrating low grade aggression and stating that co-patients were antagonizing her. Her continued detention remains necessary as her medications still require adjustment. Housing needs must be assessed and financial options considered.
Dr. Sandhu agreed with the suggestion that part of the difficulties Ms. Nur experiences with her mother are relational. There are also cognitive implications as she has difficulty saying no. It was noted that Ms. Nur's mother has the same diagnosis as her daughter, although her mother has no insight and Ms. Nur continues to attempt to assist her mother.
A panel member questioned Dr. Sandhu as to the discrepancy of how Ms. Nur describes her relationship with her friend Dorion in that she describes him as being her boyfriend. This discrepancy exists as Dorion presents them as not being in a romantic relationship. He continues to be her primary support and attended today's hearing.
In the event Ms. Nur were discharged from hospital today, she would likely go to an emergency shelter as no approved accommodation is available for her. Dr. Sandhu noted that CAMH would not accept a transfer of Ms. Nur at this time, unless it was on an inpatient- to-inpatient basis.
Dr. Sandhu estimated that there are at least three individuals ahead of Ms. Nur on the transfer wait list to the Forensic Rehabilitation Unit.
Closing Observations
Dr. Sandhu had nothing to add. Mr. Wright submitted that the restriction of liberty remains necessary and appropriate, characterizing the situation Ms. Nur finds herself in as unfortunate.
Ms. Munsterman maintained her client's initial position. She noted that Ms. Nur has been engaged with the treatment team and compliant with her prescribed medication. Therefore, going forward, Ms. Nur's treatment plan can be realigned while an outpatient.
Analysis and Decision
The hospital report indicates Mr. Nur had relocated to Toronto in December 2024 where she was thought to have greater family support. At the time of her most recent ORB hearing, she was residing at that city's YMCA women's shelter until her return to Ottawa in early June.
Ms. Nur mental state has stabilized somewhat since her June 3rd admission. Her return to hospital via a Form 49 was triggered due to concern for the disorganization of her speech and aggression towards the treatment team. Substance use, which has continued since admission as well as ongoing difficulties with her mother remain significant concerns. To Ms. Nur's credit, she is no longer claiming that co-patients are antagonizing her or exhibiting low grade aggression. However, psychotropic medications have not yet been optimized, neurocognitive assessments have not been initiated and approved accommodation has not been identified. Dr. Sandhu's uncontroverted expert evidence is
that given the foregoing, a hospital discharge is not envisioned for some time. As a result,
it is unrealistic to presume that Ms. Nur's treatment plan can be realigned while an outpatient.
Therefore, the Board unanimously determines that the restriction of Ms. Nur's liberties which began on June 3rd and continues to the present day was and remains necessary and appropriate. The disposition required to manage the threat Safi Nur poses to the safety of the public while still meeting her needs, remains a Detention Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Sandhu and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and also considered the need to protect the public from dangerous persons, Ms. Nur's mental condition, her reintegration into society and other needs.
DATED this 19th day of September 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Legal Member
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Office of the Registrar
Ontario Review Board