Ontario Review Board
Re: Hamsa Abderezak
ORB File No: 7552
Hearing held on: Wednesday, October 15, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. M.V.A. Prakash Dr. M. Mamak Ms. M. den Haan Mr. S. Duffy
Parties Appearing:
Accused: Hamsa Abderezak Counsel: Ms. S. Dubb
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated November 12, 2025)
On May 31, 2019, Hamsa Abderezak was found not criminally responsible on account of mental disorder on charges of aggravated assault and assault with a weapon.
Mr. Abderezak is currently subject to a Disposition of the Ontario Review Board dated October 10, 2024, by which he was ordered to be detained at the Secure Forensic Unit of the Centre for Addiction and Mental Health (“CAMH”) with discretion given to the person in charge to transfer Mr. Abderezak to a General Forensic Unit should the person in charge conclude that the accused’s condition has clinically improved to the extent of justifying such a transfer.
On Wednesday, October 15, 2025, the Ontario Review Board convened a hearing at CAMH and conducted the annual review of Mr. Abderezak’s Disposition.
A problem arose in that Mr. Abderezak is currently being detained in SOTU, probably the most secure unit at the hospital. The staff on that unit were not prepared to bring Mr. Abderezak to the hearing save and accept if security could be found to bring him and remain with him throughout the hearing. The staff simply were unable to estimate the time it would take to arrange for such security.
Mr. Abderezak was represented by counsel, Ms. Dubb. Ms. Dubb was kind enough to speak to her client to see whether she could get instructions to proceed in his absence. Mr. Abderezak agreed and did instruct Ms. Dubb to appear on his behalf.
Position of the Parties
At the outset of the hearing, the parties were canvased as to their recommendation to the Board.
In fact, the parties were making a joint recommendation. All parties agreed that Mr. Abderezak remains a significant threat to public safety. All parties agreed that the necessary and appropriate Disposition is a Detention Order directing Mr. Abderezak to be detained at the Secure Forensic Unit of CAMH but with discretion given to the person in charge to transfer Mr. Abderezak to a General Unit if and when his improved condition justified such a transfer.
The hospital was recommending, and all parties agreed, to remove the provision for community living.
Ms. Warner appeared for CAMH, Mr. Feindel appeared for the Attorney General, Ms. Dubb appeared for Mr. Abderezak.
Index Offence
- "Mr. Abderezah and the 78-year-old male victim were both tenants at a building operated by Habitat Housing located at 2140 Bloor St W in Toronto. On January 18, 2019, at approximately 2:43 pm, the victim was standing in the doorway to his apartment, when for reasons unknown, Mr. Abderezah approached and stabbed him in the neck with a 6-inch knife, narrowly missing vital organs. Mr. Abderezah then remained in the area, smoking a cigarette, where he was subsequently located and arrested by police. The victim was transported to St Michael’s Hospital where he received 3 stitches to his neck and was admitted overnight for observation. The entire incident was recorded by video surveillance.”
Evidence at Hearing
The Board admitted into evidence the Hospital Report dated September 28, 2025. The Hospital Report provides a great deal of information concerning Mr. Abderezak, his mental health history, his personal history, details of the index offence and Mr. Abderezak’s course in hospital subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
The Board also had the decision of the Ontario Review Board dated September 4, 2025, and the Reasons dated September 24, 2025, with respect to a Restriction of Liberty hearing.
One of the facts that led to the Restriction of Liberty hearing was Mr. Abderezak’s conduct when he without warning he threw hot water over face and body of a staff member, causing injury and significant distress. That staff member was taken to hospital. There was no history concerning Mr. Abderezak and the staff member and when Mr. Abderezak was asked, he simply said “there was nothing on my mind at the time”.
In addition to the documentary evidence, the Board heard from Dr. Jones. Dr. Jones had been Mr. Abderezak’s most responsible physician before his transfer from one Secure Unit to SOTU. Dr. Jones, however, interviewed Mr. Abderezak yesterday and reviewed his entire chart and spoke with his current most responsible physician. Dr. Jones noted that Mr. Abderezak remains compliant with medication. Mr. Abderezak has been reluctant to engage in any type of programming. He is reluctant even to access the Secure yard.
Dr. Jones put it that Mr. Abderezak has had “quite a challenging year” that included two AWOLs. It would appear that Mr. Abderezak acquired substances on those AWOLs. The use of substance remains a very significant issue.
The clinical team is unanimous that the Disposition should no longer include a community living clause. Quite apart that Mr. Abderezak is far away from being ready to move into a General Unit, let alone to move into the community it is interesting to note that Dr. Jones advised Mr. Abderezak of the hospital’s intention to ask the Board to delete the community living clause. Dr. Jones recollected that at one point Mr. Abderezak did not want to move into the community and that he was “afraid of what he might do” were he to be living in the community. In response to a question from a Board Member, Dr. Jones advised that Mr. Abderezak has not been placed on any waitlist for a community residence.
No other evidence was heard at this hearing.
Final Submissions
- All parties maintained their original position, namely, that Mr. Abderezak is a significant threat to public safety and that the necessary and appropriate Disposition is a continuation of the Hybrid Order and with the removal of the community living clause.
Findings of the Board
The Board accepts the evidence of Dr. Jones and the evidence contained in the Hospital Report. We agree that this has been a very challenging year for this patient. We agree that at the present time it is necessary that he remain on a Secure Forensic Unit. We were told and accept that Mr. Abderezak may move to another Secure Forensic Unit at some point in the future. This panel is aware of the Decision of the Court of Appeal in Re Simonic 2024 ONCA 573. We note simply that in Simonic there was a joint recommendation for the inclusion of a community residence clause. In this case, experienced counsel all accept that the necessary and appropriate Disposition is a continuation of a Detention Order without any provision for community living. This panel has no hesitation in accepting that joint recommendation.
In the result, we will continue with a Detention Order with all other terms set out in last year’s Disposition save and except for the community living clause and the reporting clause in connection with community living.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Abderezak’s mental condition and his other needs, and Mr. Abderezak’s reintegration into society.
DATED this 12th day of November, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board