Ontario Review Board
Re: Samuel Kassa
ORB File No: 6173
Hearing held on: Friday, October 17, 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: Samuel Kassa Counsel: Mr. D. Garrick
The person in charge of hospital: Counsel: Mr. D. Blumenkrans
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated November 12, 2025)
On July 19, 2012, Samuel Kassa was found not criminally responsible by reason of mental disorder on one charge of uttering threats to cause death or bodily harm.
Mr. Kassa is currently subject to a Disposition of the Ontario Review Board dated October 18, 2024, by which he was ordered to be detained at the Forensic Service at the Centre for Addiction and Mental Health, Toronto (“CAMH”) with a number of prohibitions and privileges including the privilege of living in the community in approved accommodation.
On Friday, October 17, 2025, the Ontario Review Board convened a hearing at CAMH and conducted the annual review of Mr. Kassa’s Disposition.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Mr. Blumenkrans appeared for CAMH. He advised of the hospital’s position that Mr. Kassa remains a significant threat to public safety and that the necessary and appropriate Disposition is the continuation of a Detention Order with the exact terms set out in last year’s Disposition.
In response to a question from the Alternate Chair, Mr. Blumenkrans advised that if the Board chose to specify the level of security, the hospital would be recommending a Detention Order on a General Forensic Unit at CAMH.
Mr. Feindel supported the hospital’s recommendation.
Mr. Garrick appeared for Mr. Kassa. Mr. Garrick also supported the hospital’s recommendation. In response to a question from the Alternate Chair, Mr. Garrick accepts that at the present time his client remains a significant threat to public safety as that term is used in the jurisprudence.
Index Offence
- “On July 28, 2010, Mr. Kassa was walking near an intersection in Toronto when he confronted a TTC Operator. He motioned with his hand as if it was a gun and told the other man that he was “dead”. He repeated the physical gesture a second time. He was soon apprehended by police. The complainant did not suffer physical injury.”
Evidence at Hearing
The Board admitted into evidence the Hospital Report dated October 1, 2025. The Hospital Report provides a great deal of information about Mr. Kassa, his personal history, his mental health history, details of the index offence, details of Mr. Kassa’s significant substance use history, details of prior criminal convictions and Mr. Kassa’s course in hospital subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
We do note, however, the stated diagnoses of:
Schizophrenia Cocaine and Cannabis Use Disorder
In addition to the documentary evidence, the Board heard from Dr. Robertson. Dr. Robertson is a PGY6 Resident in Forensic Psychiatry at CAMH. Dr. Robertson noted that Mr. Kassa had enjoyed a good year. Unfortunately, there was one positive test for cannabis in April of this year. Dr. Robertson noted that Mr. Kassa disclosed his use and put it that he had “screwed up”.
Dr. Robertson advised that an application for a community residence was unfortunately not accepted. This application was made to the THRP program. Dr. Robertson understands that the refusal was based on the residence’s concern about Mr. Kassa’s substance use history.
Dr. Robertson advised that Mr. Kassa had started a cooking program at George Brown College. After approximately two weeks, Mr. Kassa advised of his concern arising from a great number of people who were smoking and using drugs in and around the location of the George Brown building. Mr. Kassa concluded that the location and was too great of a risk with respect to a possible return for use of substances. Mr. Kassa, however, still is interested in finding some employment in a food program.
Mr. Kassa is also interested in becoming a peer support worker but could not do so until he receives an Absolute Discharge.
In response to questions from a member of the panel, Dr. Robertson advised that Mr. Kassa is tested for the use of substances approximately once per week. In Dr. Robertson’s opinion it is random testing. Dr. Robertson advised the only positive test arose from the use of cannabis in April of this year.
Dr. Robertson also confirmed that Mr. Kassa was transferred to the General Forensic Unit on February 13, 2025, and remains in that unit.
No other evidence was called by the hospital.
The Crown did not call evidence.
Mr. Garrick noted that his client always avails himself of being able to speak to the panel. Mr. Kassa did so again. Mr. Kassa confirmed that he would like to find some type of employment in a restaurant. Mr. Kassa acknowledged that historically he has made some “bad choices”. Mr. Kassa stated that addiction is a disease, and he is hoping “to stay clean”.
Findings of the Board
At the conclusion of the evidence, the parties were again canvassed. All parties accept that Mr. Kassa remains a significant threat to public safety and all parties agreed that the necessary and appropriate Disposition would be a Detention Order at the General Forensic Unit at CAMH together with all the other privileges and prohibitions in the existing Disposition
In the Board’s opinion, the parties’ joint recommendation is well founded. We accept the evidence of Dr. Robertson and the evidence contained in the Hospital Report. We accept that at the present time Mr. Kassa remains a significant threat to public safety. This panel also agrees that our Detention Order should direct that Mr. Kassa be detained on a General Forensic Unit at CAMH.
Mr. Feindel took the opportunity by way of final submission to commend Mr. Kassa for the very good year he has enjoyed. Mr. Garrick echoed and agreed with Mr. Feindel’s comments. Mr. Garrick keeps in touch with his client during the year and Mr. Garrick simply agreed that his client has had a very good year.
In the result, we will direct a Detention Order at the General Forensic Unit at CAMH and with all of the privileges and prohibitions set out in last year’s Disposition.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Kassa’s mental condition and his other needs, and Mr. Kassa’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