Re Sheab Afifi, 2025 CanLII 122706

Ontario Review Board

Re: Sheab Afifi

ORB File No: 4611

Hearing held on: Tuesday, October 14, 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: Sheab Afifi Counsel: Mr. M. Schloss

The person in charge of hospital: Counsel: Mr. M. Blumenkrans

Attorney General of Ontario: Counsel: Ms. V. Culp

REASONS FOR DISPOSITION

(Dated November 25, 2025)

1. On November 22, 2006, Sheab Afifi was found not criminally responsible on account of mental disorder on two charges of mischief under $5000 and one charge each of assault and uttering threats to cause death or bodily harm.

2. Mr. Afifi is currently subject to a Disposition of the Ontario Review Board dated November 12, 2024, by which he was ordered to be detained “at the Forensic Service of the Centre for Addiction and Mental Health, Toronto. That Disposition includes a number of prohibitions and the privilege of living in the community in approved accommodation.

3. On Tuesday, October 14, 2025, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health (“CAMH”) and conducted the annual review of Mr. Afifi’s Disposition.

4. We note that Mr. Afifi was not present at the hearing. Mr. Schloss is Mr. Afifi’s lawyer. Mr. Schloss advised that his client finds Review Board hearings to be stressful and prefers not to attend these hearings. The panel considered this matter and excused Mr. Afifi from attending, pursuant to the provision of s. 672.5(10)(a) permitting Mr. Afifi to be absent for some or all of the hearing. Mr. Schloss, in response to a question from the Alternate Chair, confirmed that Mr. Afifi was aware that this hearing was proceeding at this time and was further aware of his right to attend.

Position of the Parties

5. 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 CAMH position that Mr. Afifi remains a significant threat to public safety and if the Board so finds, the hospital is requesting a continuation of the Detention Order directed to the Forensic Service at CAMH with the exact privileges and prohibitions set out in last year’s Disposition.

6. In response to a question from the Alternate Chair that in the event the panel saw its obligation to specify security levels when making a Detention Order Disposition, what would the hospital recommend Mr. Blumenkrans considered the matter but repeated he is asking for a continuation of a Detention Order with the exact language used in last year’s Disposition.

7. Ms. Culp appeared for the Attorney General. She anticipated supporting the hospital’s position.

Mr. Schloss advised that he was seeking an Absolute Discharge for his client. Mr. Schloss advised he would have comments to make about the form of Disposition, should the Board not grant his client an Absolute Discharge.

Index Offence

8. “Mr. Afifi was an inpatient at the North York General Hospital at the time of the index offenses; he was on a pass at the material time. According to the Supplementary Record of Arrest, on August 20, 2006, Mr. Afifi arrived at the family home in Toronto. He was standing in the front lawn area. His father was just returning home, saw Mr. Afifi on the property, and decided not to go home, but instead left, hoping Mr. Afifi would leave. His father returned home later in the evening and again observed Mr. Afifi standing in the driveway. Mr. Afifi, seeing his father’s car, began shouting at his father. He then jumped on the hood of his father’s car, causing damage to the hood. Mr. Afifi’s father stepped out of his car and Mr. Afifi approached him and spat in his face. Mr. Afifi then started punching his father in the chest with both hands. He stated, “I know you just had a heart attack before, now I’m going to kill you”. Mr. Afifi kicked his father in the groin. His father yelled for his neighbour to phone the police and they did so. Police arrived and arrested Mr. Afifi. He was placed in handcuffs and placed in the rear seat of a marked car. Mr. Afifi was irrational, assaultive, and abusive. He kicked at the rear passenger window, causing it to shatter. He was transported to 32 Division.”

Evidence at Hearing

9. The Board admitted into evidence the Hospital Report dated October 6, 2025. The Hospital Report provides a great deal of information concerning Mr. Afifi, his personal history, his mental health history, details of the index offence, details of prior criminal convictions and Mr. Afifi’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.

10. We do note, however, the stated diagnoses of:

Schizophrenia

Cannabis Use Disorder, in partial remission

Alcohol Use Disorder in sustained remission

Antisocial Personality Disorder

11. In addition to the documentary evidence, the Board heard from Dr. Choptiany. Dr. Choptiany advised that there were no significant updates. Dr. Choptiany and the clinical team accept that Mr. Afifi remains a significant threat to public safety. Dr. Choptiany noted that his patient suffers from a major mental illness and despite being treated with two long-acting medications, Mr. Afifi continues to experience symptoms of his illness. Dr. Choptiany noted that symptoms include auditory hallucinations and considerable delusional thinking. Mr. Afifi continues to act aggressively towards co-patients. His aggression includes making many derogatory comments about co-patients, and spitting on co-patients. Dr. Choptiany noted that one of the diagnoses is antisocial personality disorder as well as substance use disorder, although in sustained remission while Mr. Afifi is in hospital.

12. Dr. Choptiany has no doubt that were Mr. Afifi was to receive an Absolute Discharge, he would act out violently and would cause significant serious harm to members of the public. In addition, Dr. Choptiany noted that Mr. Afifi has a history of medication noncompliance. While he is currently compliant while in hospital, Mr. Afifi has told Dr. Choptiany that were he to receive an Absolute Discharge, he would no longer be obligated to take medication and would in fact stop taking medication. This is another significant fact that leads Dr. Choptiany and the clinical team to find that Mr. Afifi remains a significant threat to public safety.

13. Dr. Choptiany stated that public safety requires Mr. Afifi to be detained in a Secure Forensic Unit at this time. Dr. Choptiany is hopeful that Mr. Afifi might be able to transfer to a General Forensic Unit before the date of his next annual hearing which would be approximately one year from now. Dr. Choptiany referred the panel to pages 64 to 66 of the Hospital Report outlining significant verbal threats, physical aggression, high irritability and noncompliance. Dr. Choptiany referred to many verbal outbursts and disruptive irritability.

14. Dr. Choptiany did note that Mr. Afifi says that he will not go back to use of substances at any time in the future. Notwithstanding that statement, the doctor repeated his opinion that were Mr. Afifi to receive an Absolute Discharge, he would stop medication and thereafter with or without the use of substances, he would rapidly decompensate and members of the public would be at risk of significant assaultive conduct by Mr. Afifi.

15. In response to questions from Ms. Culp, Dr. Choptiany repeated that at the present time, public safety requires that Mr. Afifi be detained in a Secure Forensic Unit and at the present time his threat to public safety could not be managed on a General Forensic Unit.

16. Dr. Choptiany noted that Mr. Afifi received level 5 passes two or three weeks ago. Dr. Choptiany noted that level 5 passes permit Mr. Afifi to go indirectly supervised on hospital and grounds for the purpose of attending programming.

17. Mr. Schloss suggested to the doctor that Mr. Afifi could be managed in the community with a Community Treatment Order. Dr. Choptiany disagreed completely and repeated that at the present time, detention in a Secure Forensic Unit is absolutely necessary and absolutely appropriate. In response to questions from panel members, Dr. Choptiany stated that Mr. Afifi simply has no plans as to where he might be able to live in the community. Mr. Afifi just keeps repeating that he does not want to be subject to any Board Disposition.

18. In response to questions from another panel member, Dr. Choptiany noted that Mr. Afifi’s father was the victim of index offence. Finally, in response to question from another panel member, Dr. Choptiany noted that currently Mr. Afifi is not suitable for any form of community living.

19. No other evidence was heard at this hearing.

Final Submissions

20. Mr. Blumenkrans asked the panel to accept Dr. Choptiany’s evidence and, in particular to find that Mr. Afifi remains a significant threat to public safety and that at this time Mr. Afifi can only be managed in a Secure Forensic Unit at CAMH.

21. Ms. Culp agreed entirely with that submission and reminded the panel of Mr. Afifi’s statement that if he received an Absolute Discharge, “I would not be obligated to take medication”.

22. Mr. Schloss asked the Board to find that Mr. Afifi’s threat to public safety could be managed with Mr. Afifi living in the community and being subject to a Community Treatment Order.

Findings of the Board

23. The Board accepts without reservation the evidence of Dr. Choptiany and evidence in the Hospital Report.

24. In particular, we accept the doctor’s evidence that at the present time public safety would be compromised with any Disposition other than a Detention Order on a Secure Forensic Unit at CAMH.

25. With respect to Mr. Schloss, there is absolutely no air of reality that Mr. Afifi could be managed with a Community Treatment Order. The panel accepts that public safety requires Mr. Afifi to be detained in Secure Forensic Unit.

26. The Board then considered the form of Detention Order. This panel accepts their responsibility to specify levels of security when making Detention Orders.

27. We note the following provisions of the Criminal Code:

S. 672.38(1) Review Boards to be established – A Review Board shall be established or designated for each province to make or review dispositions concerning any accused in respect of whom a verdict of not criminally responsible by reason of mental disorder or unfit to stand trial is rendered”.

28. We then turn to s. 672.54 of the Criminal Code which states in part the following:

“by order, direct that the accused be detained in custody in a hospital, subject to such conditions as the court or Review Board considers appropriate.”

29. Accordingly, this panel is not prepared to grant the Detention Order to the Forensic Service. We have considered this matter, and the panel directs that Mr. Afifi be detained in a Secure Forensic Unit. We also considered and will grant discretion to the person in charge of the hospital to transfer Mr. Afifi to a General Forensic Unit if his improved conduct justifies such a transfer.

30. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Afifi’s mental condition and his other needs, and Mr. Afifi’s potential return to the community.

DATED this 25^th^ day of November, 2025, at the City of Toronto, in the Toronto Region.

Mr. J. Goldenberg Alternate Chairperson

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Office of the Registrar Ontario Review Board