Re: Robert Jakaj
ORB File No: 6796
Hearing held on: Tuesday, October 7, 2025
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus Hamilton, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. H. Bloom Dr. A. Kerry Ms. S. Clapp Mr. W. Apted
Parties Appearing: Accused: Robert Jakaj Counsel: Mr. A. Rai The person in charge of hospital: Counsel: Mr. S. O’Brien Attorney General of Ontario: Counsel: Mr. S. Kim
REASONS FOR DISPOSITION
(Dated November 25, 2025)
Introduction:
On June 18, 2015, Robert Jakaj was found not criminally responsible on account of mental disorder (“NCR”) on a charge of arson – damage to property, contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated October 21, 2024, whereby he is detained at the Forensic Psychiatry Program at St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHCH” or the “hospital”) with privileges up to and including community living in approved accommodation. He is also required to abstain from substance use and refrain from possessing weapons.
On October 7, 2025, a panel of the Board convened at SJHCH to conduct Mr. Jakaj’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Jakaj attended the hearing and was represented by counsel, Mr. Rai. Mr. Jakaj’s father was also in attendance.
The Hospital Report dated September 15, 2025, was marked as Exhibit 1. In addition to the documentary evidence, Mr. Jakaj’s most responsible physician, Dr. Olubukola Kolawole, gave evidence.
The issues to be decided at the hearing were whether Mr. Jakaj continues to meet the test of posing a significant threat to the safety of the public as set out in section 672.5401 of the Criminal Code, and if so, what is the necessary and appropriate Disposition, taking into account the four factors set out in section 672.54 of the Criminal Code.
Position of the Parties:
At the outset of the hearing, the parties were asked for their initial without prejudice positions. On behalf of the hospital, Mr. O’Brien took the position that Mr. Jakaj continues to represent a significant threat to the safety of the public, and that a continuation of the existing Detention Order remained necessary and appropriate.
Mr. Kim supported the position of the hospital on behalf of the Attorney General.
Mr. Rai stated that Mr. Jakaj seeks an Absolute Discharge and takes the position that he is no longer a significant threat to the safety of the public.
Findings:
- For the reasons that follow, the panel found that Mr. Jakaj continues to pose a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the Detention Order with no changes.
Index Offence:
- The circumstances of the index offence were summarized concisely in the Board’s recent Reasons for Decision dated August 22, 2025 as follows (at para. 8):
“Mr. Jakaj had been living in a rental property owned by his parents. On March 23, 2015, after using a sledgehammer to damage the interior of the residence in which he was living, Mr. Jakaj intentionally set fire [two] car registered to his father that was parked in the garage attached to the residence. The fire destroyed the vehicle entirely and caused extensive damage to the residence, rendering it uninhabitable. After starting the fire, Mr. Jakaj fled the residence on foot with his dog, making no attempt to report the fire. Mr. Jakaj was subsequently arrested at his parents’ home in Niagara Falls. Total damage to the rental property and his father’s vehicle was estimated at $200,000. In a subsequent interview with investigators, Mr. Jakaj provided an inculpatory statement in which he said that he started the fire as the voices in his head told him to do so. He described the interior damage to the residence caused by the use of his sledgehammer as an effort to ‘redecorate’.”
Background:
Mr. Jakaj’s personal history is outlined in the Hospital Report in detail and will not be repeated here. In summary, Mr. Jakaj is a 31 year single man who came to Canada from Albania with his family when he was 9 years old. He has a younger sister. Mr. Jakaj was an excellent student and completed high school and one year of university in an accounting program. Mr. Jakaj worked at a restaurant beginning at age 16, but began using substances and quit the job when he was 18 years old.
The Hospital Report stated that Mr. Jakaj’s parents had been worried about Mr. Jakaj’s mental health since 2012, and reported that he heard voices that tormented him, and he frequently requested to have the “technology” turned off. They had called the police many times, and reported that Mr. Jakaj refused to go to the doctor or take any medications. Mr. Jakaj was also using cannabis regularly.
Mr. Jakaj was released from the Niagara Detention Centre after being convicted of assaulting his father just three months prior to the index offence. There was a no contact order in place prohibiting Mr. Jakaj from contacting his father. His parents were worried about him and his mental health and provided him with accommodation in the rental property they owned.
The Hospital Report stated that Mr. Jakaj was using cannabis daily in the months leading up to the index offence.
Criminal History:
- Mr. Jakaj’s criminal record is set out in the Hospital Report at pages 9-10. It includes two convictions for assault, impaired driving, failure to comply with recognizance, assault of a peace officer, break and enter, failure to comply with conditions of an undertaking, and failure to comply with a probation order.
Psychiatric History:
- The Hospital Report included the following summary of Mr. Jakaj’s psychiatric history prior to the index offence (included as part of the Psychological Risk Assessment Report prepared by Dr. Heather Moulden in 2015) (at pages 14-15):
“Mr. Jakaj’s mental health began to deteriorate around April 2014. He was admitted overnight at St. Catharines General Hospital after he approached his father and described hearing critical messages from the television. Further examination revealed that he was also experiencing symptoms of thought blocking, thought insertion, paranoia, and ideas of reference. Mr. Jakaj admitted to using hallucinogens (magic mushrooms) and cannabis during this time. Upon discharge, he was diagnosed with substance induced psychosis. In May 2014, he returned to the same hospital escorted by police after he went to the station to file a report stating that his father planned to kill his mother. He was admitted once again and found to be experiencing auditory hallucinations as well as paranoid delusions. With medication, his symptoms began to resolve, however he left the hospital against medical advice which was concerning given that there were questions regarding his medication compliance. His next hospitalization was after his index offence on March 28, 2015. He was found to be suffering from an acute psychotic episode and attempted to commit suicide while he was being detained at the Niagara Detention Centre. He was transferred back to St. Catherine’s General Hospital and subsequently diagnosed with Schizophrenia and began treatment with antipsychotic medication.”
Mr. Jakaj has had a variable course under the jurisdiction of the Board, and the details are outlined in the Hospital Report. Briefly summarized, Mr. Jakaj was an inpatient at SJHCH from June 2015 until he was discharged to his family home on August 30, 2016. Over the years, Mr. Jakaj required numerous readmissions to hospital, including in July 2017, October 2017, January 2018, December 2019, August 2020, October 2020, and November 2020, as a result of substance use and acute changes in his mental status. Mr. Jakaj lived with his parents in the community, but also lived in an independent apartment, and a supported apartment at times.
In June 2019, the prohibition against using cannabis was removed from Mr. Jakaj’s Disposition, and in July 2020, the Board granted a Conditional Discharge. Following this, Mr. Jakaj began using crack cocaine. Over time, he used it with increasing frequency and quantity. Mr. Jakaj’s father attended at the Forensic Outpatient Clinic in August 2020 and was very concerned about his son. He reported that Mr. Jakaj was using cocaine regularly, and may be having psychotic symptoms with disorganized behaviour and emotional dysregulation. He had destroyed two phones over a few weeks, and Mr. Jakaj’s father noticed bruising on Mr. Jakaj’s knuckles. Mr. Jakaj’s father also reported that his car tire and his wife’s car tire had been slashed/punctured in their driveway. He suspected that this may have been done by his son since he had done something similar approximately five years earlier following an argument. Mr. Jakaj’s father also reported that there had recently been a degree of acrimony between Mr. Jakaj and his parents, and Mr. Jakaj had vowed to become independent of them. Mr. Jakaj was readmitted to the hospital under the Mental Health Act (“MHA”), however he discharged himself against medical advice when the Form 3 expired. An early Board hearing was requested, and a Detention Order was reinstated in September 2020.
The Hospital Report stated that Mr. Jakaj continued to use cocaine and was readmitted to the hospital briefly in October 2020 and then again on November 30, 2020. On that day, Mr. Jakaj was readmitted following significant cocaine use over a short period of time with an acute change in his mental status. Mr. Jakaj expressed distress and regret for his actions and his ongoing struggle with cocaine addiction.
In June 2021, Mr. Jakaj absconded from the hospital while on an indirectly supervised pass to attend school. He was located at his apartment three days later and required police to return him to the hospital. Mr. Jakaj was charged with escape custody and was in breach of his Disposition. He reported using crack cocaine daily and was hiding out in his apartment or in a hotel with friends. He had severe withdrawal symptoms and cravings for crack cocaine once he was returned to the hospital. The Hospital Report stated that prior to and during this incident, Mr. Jakaj was deceptive, impulsive, and he exercised poor judgment. He was evasive and reckless by driving under the influence of cocaine and cannabis while unlawfully at large. His driver’s license was subsequently suspended. The Hospital Report stated that Mr. Jakaj agreed to a reinstatement of the cannabis prohibition in his Disposition as he admitted that cannabis use was a predisposing factor for his severe and recurrent use of crack cocaine.
While in the hospital, Mr. Jakaj had three relapses to cocaine use in each of the 2022, 2023 (including cannabis) and 2024 (including cannabis and mushrooms) reporting years.
The Hospital Report lists Mr. Jakaj’s current diagnoses as: Schizophrenia; Cannabis Use Disorder; and Cocaine Use Disorder. He is considered capable to consent to treatment and capable to manage his property.
Evidence at the Hearing:
The Hospital Report stated that Mr. Jakaj’s mental status was generally stable while in the hospital aside from periods when he used substances. He is adherent to his long-acting injection and prescribed medications. Mr. Jakaj continued to struggle with substance use and relapsed with both cocaine and cannabis on at least four occasions this year. At those times, his attitude towards staff changed to being irritable and dismissive and he refused to engage in meaningful activities.
Notably, Mr. Jakaj was admitted to the inpatient Newport Rehabilitation Drug Program for a second time between October 23, 2024 and November 12, 2024 (he had been unable to complete the program his first time due to a respiratory illness). Mr. Jakaj successfully completed the program, however he relapsed using cocaine shortly after returning to the hospital (on November 27, 2024).
The treatment team continued to work with Mr. Jakaj towards discharge to the community. The following excerpt from the Hospital Report describes these efforts (at pages 94-95):
“Through discussion with THRP, the outpatient team, the Orchard 3 clinical team and significant advocacy on part of Dr. Kolawole, it was agreed to move forward with the transition and discharge to THRP. The caveat was that within the first six months of discharge, should Mr. Jakaj have a substance relapse requiring readmission 3 times then the discharge would be discontinued as it would signal that he cannot meet the requirements of the THRP program. This was presented to Mr. Jakaj who agreed and was optimistic that he could achieve this.
During the transition phase, Mr. Jakaj tested positive twice for cocaine, once in February and once in April which delayed the flow of his transition. He was officially discharged on May 13, 2025 but was unfortunately readmitted on May 20, 2025 after testing positive for cannabis. He was able to be discharged swiftly on May 28, 2025, however relapsed with cocaine and was readmitted on June 30, 2025. Upon this readmission, THRP advised that they were no longer in a position to accept him back to the program. It is acknowledged that this was only the second admission since discharge rather than the agreed upon three. However, it is hypothesized that his relapses during the transition phase were counted. At this point, Mr. Jakaj no longer wished to return to THRP and SW did not pursue conversations about the readmission count. Mr. Jakaj did express to SW that the demands of the THRP program and the emphasis on sobriety were a great source of stress to him.”
The Hospital Report stated that discharge planning had not been reinitiated. The clinical team is hoping to work with Mr. Jakaj to have a lengthy period of sobriety before resuming discharge planning. It was noted that social work staff had facilitated several discharge plans for Mr. Jakaj over the last 10 years, including home with his parents, to a Good Shepherd HOMES program apartment, two independent apartments, and most recently to the Transitional Housing Rehabilitation Program (“THRP”).
As regards his somewhat brief period in the community recently, the Hospital Report stated that Mr. Jakaj demonstrated persistent difficulty engaging consistently with outpatient support, and frequently minimized the need for clinical input and often disregarded guidance from his case managers.
The Hospital Report stated that Mr. Jakaj briefly enrolled in the HVAC (heating, ventilation, and air conditioning) program at Mohawk College at the beginning of the reporting year, but withdrew after performing poorly on a midterm exam. Mr. Jakaj has recently returned to school at Mohawk College to complete a nine month construction techniques course and was reportedly doing relatively well. He receives strong support from his parents and maintains a relationship with his sister; however, these relationships are strained when Mr. Jakaj relapses to substance use.
The Psychological Risk Assessment Note in the Hospital Report stated that the results of the psychological risk assessment completed by Dr. Heather Moulden in August 2023 remained valid. That assessment concluded that Mr. Jakaj’s risk for violent reoffending was considered moderately low under a Detention Order that allowed for community living, and high if granted a Conditional or Absolute Discharge by the ORB.
The Hospital Report stated that Mr. Jakaj has good insight into his illness and the need for medication; however, his insight deteriorates in the context of substance use when he tends to minimize risks, externalize responsibility, and disengage from clinical supports.
The Hospital Report stated the following about the issue of significant threat and the appropriate Disposition for Mr. Jakaj at this time (at page 97):
“Given these historical and dynamic risk factors, the serious nature of Mr. Jakaj’s index offence, and his repeated relapses on cocaine and cannabis which undermine his stability, insight, and engagement, it remains the unanimous opinion of the treatment team that Mr. Jakaj continues to meet the threshold for a significant threat to the safety of the public, particularly if forensic oversight were absent.
Mr. Jakaj is currently under a Detention Order, which provides the structure, supervision, and support that are essential for his treatment, rehabilitation, and risk management. In the absence of this disposition, or in the event of an unsupervised discharge, Mr. Jakaj is at high risk of discontinuing treatment, relapsing into substance use, disengaging from services, decompensating psychiatrically, and reoffending to the same or similar degree as his index offence.”
Dr. Kolawole testified that he has been Mr. Jakaj’s attending psychiatrist for over 10 years. He reported that Mr. Jakaj had a “mixed year” and reiterated the periods of progress and setbacks that were noted in the Hospital Report. Dr. Kolawole noted that Mr. Jakaj’s completion of the residential substance use program was a significant milestone, but he relapsed shortly thereafter. The treatment team continued to support Mr. Jakaj with individual counselling and group programming in order to achieve community living.
Dr. Kolawole confirmed his opinion that Mr. Jakaj meets the threshold for significant threat, as outlined in the Hospital Report, and reiterated that Mr. Jakaj’s substance use is a significant risk factor for relapse of his mental disorder and violence and aggression. Dr. Kolawole explained that unfettered substance use would lead to a relapse in Mr. Jakaj’s mental illness, resulting in loss of insight and a significant increase in his risk of violence and aggression. Dr. Kolawole noted that this is what occurred at the time of the index offence, and other times over the last 10 years, including when Mr. Jakaj’s disposition was changed from a Conditional Discharge to a Detention Order in 2020, and when he escaped custody in 2021. Dr. Kolawole testified that Mr. Jakaj’s substance use, especially the use of crack cocaine, directly impacts his mental health and his ability to live safely in the community. He stated that absent the legal framework of a Detention Order, Mr. Jakaj is at significant risk of re-offending to the same or similar degree as the index offence.
Dr. Kolawole testified that the treatment team will continue to support Mr. Jakaj in his goals and support him to continue taking medications, abstain from substances, and continue with school. There may also be an opportunity for Mr. Jakaj to enroll in a longer term residential substance abuse program, although Dr. Kolawole stated that Mr. Jakaj preferred to focus on school at the current time. Dr. Kolawole stated that he completed Mr. Jakaj’s initial NCR assessment and had been involved in his care for many years, and he had seen him abstain from substances and do well in the past. He has “hope and a flag of optimism” that Mr. Jakaj will be able to abstain again with internal motivation and external controls.
When asked what contributed to Mr. Jakaj’s current challenges, Dr. Kolawole responded that his poor insight into the potential impact that substance use has on his mental health was a key factor. He noted that Mr. Jakaj had a period of time under the ORB when he was permitted to use cannabis and he followed the low risk use guidelines. However, he then started using crack cocaine, and he has struggled with cravings and peer pressure.
When asked about what would occur if Mr. Jakaj was granted an Absolute Discharge, Dr. Kolawole referred to the events in 2020 that led to Mr. Jakaj’s readmission to hospital and an early hearing to change his disposition from a Conditional Discharge to a Detention Order (the timeline set out at pages 45-47 of the Hospital Report was referenced). Dr. Kolawole noted that these events occurred despite the legal framework that was in place at the time, and the MHA was required to bring Mr. Jakaj to the hospital. Dr. Kolawole testified that there was a very high likelihood that Mr. Jakaj would engage in unfettered use of cocaine and cannabis again given his recent history of relapse, which would likely lead to acute psychosis, discontinuation of medications, aggression, and violence. Dr. Kolawole testified that this would likely occur very rapidly. He also noted Mr. Jakaj’s significant history of assault toward family prior to the index offence.
In response to questions from Mr. Rai, Dr. Kolawole agreed that Mr. Jakaj had six relapses to substance use (cocaine and/or cannabis) between November 2024 and August 2025, yet his mental status was not determined to reach a level that he was a significant threat to himself or others. Dr. Kolawole also agreed that Mr. Jakaj’s mental status had remained “relatively at baseline” although he stated that there were slight changes in insight (denying that he had a diagnosis of schizophrenia and requesting an independent review when he had always had insight into his mental illness) and some irritability and frustration during those times. Dr. Kolawole testified that his interpretation of this was that the Detention Order was doing exactly what it is designed to do. The legal framework enabled the treatment team to respond rapidly before Mr. Jakaj’s substance use became excessive and before his risk increased.
Also in response to questioning by Mr. Rai, Dr. Kolawole agreed that while that Mr. Jakaj had not engaged in any physical violence while under the jurisdiction of the Board, he had engaged in aggression towards property, including punching walls, destroying phones, and slashing tires.
Dr. Kolawole testified that Mr. Jakaj had only recently told him that he would be asking for an Absolute Discharge and that he planned to live with his father in Niagara Falls. Mr. Jakaj had not made any plans or taken any steps to set up mental health care in the community on his own. Dr. Kolawole stated that Mr. Jakaj does not believe that his substance use is significant or affects his mental health, or that he poses a risk to the public. If the Board did grant an Absolute Discharge, Dr. Kolawole would make efforts to transfer Mr. Jakaj to the civil system for care in the Niagara region.
In response to questions from the panel, Dr. Kolawole testified that Mr. Jakaj is not ready for discharge to the community at the current time. Given the difficulties that were experienced last year, Mr. Jakaj requires a longer period of stability with sobriety and adherence to his Disposition. Dr. Kolawole stated his opinion that it is counterproductive to focus solely on discharge, and better for Mr. Jakaj to focus on his school program and then finding a job.
Dr. Kolawole testified that a Conditional Discharge was not appropriate for Mr. Jakaj at the current time. He pointed to the challenges that occurred the last time Mr. Jakaj was on a Conditional Discharge, as well as Mr. Jakaj’s more recent difficulties.
Dr. Kolawole was asked why there was no restriction on possession of incendiary devices in Mr. Jakaj’s Disposition. Dr. Kolawole responded that he thought it was there, but then stated that it was not necessary because there had been no concerns in recent years around fire setting, and the treatment team was not looking to increase restrictions on Mr. Jakaj.
Dr. Kolawole was also asked about the substance use counselling that Mr. Jakaj was currently engaged in. He responded that it was one to one mixed psychological and addiction counselling with Dr. Sheridan. Dr. Kolawole had not explored medications for cravings as he did not see cravings as the driving factor in Mr. Jakaj’s substance use. He stated that it was multifactorial and involved stress, triggers and peers. It was Dr. Kolawole’s opinion that Mr. Jakaj was able to achieve complete abstinence for approximately three years during his earlier years under the Board because Mr. Jakaj has been very ill and his recovery was a relief for him. Dr. Kolawole believed that Mr. Jakaj has a limited memory of how ill he was at that time and how substances played a role in it. He also stated that Mr. Jakaj was only using cannabis at that time, and the introduction of cocaine use has become more problematic.
Mr. Jakaj testified that if he was granted an Absolute Discharge he would live with his father, finish school, and obtain work. He stated that he has a family doctor and has always been independent. Mr. Jakaj stated that he had been under the Board for 10 years and had come a long way from when he first came into the system and was very ill.
Mr. Jakaj believed that substance use was the main factor now, and said that it should be treated in the civil system because there is access to more resources including social workers and psychologists. Mr. Jakaj did not believe he should stay in the NCR system just because of substance use or addiction, and noted that he had not been violent and had been “working at it for a long time.”
In response to questions from the panel, Mr. Jakaj stated that the long-acting injection had been a “difference maker” and is what enabled him to recover. He acknowledged that he needs medication, stated that the injection is a “safeguard”, and that he would likely deteriorate without it. He also acknowledged that cocaine is unhealthy. When asked whether cocaine use could lead to decompensation and him ending back in the NCR system, Mr. Jakaj only responded that his family had always been a safeguard for him and they would tell him if something was wrong.
Mr. Jakaj testified that his father was supportive of him moving home but he did not support him using substances. He stated that the situation is “night and day” since he has been medicated. Mr. Jakaj said he is not the same person, and he did not believe that he would be violent again. He said he knew where to go in the Niagara area to get help “if it comes down to that.” Mr. Jakaj testified that he had every intention to do well.
Mr. Jakaj was asked about the party that he had in June 2025 and his readmission to hospital. Mr. Jakaj stated that the pressure of being NCR was a stressor in itself and a reason for his relapse. He believed that he would do better in a “more comfortable setting.”
No further evidence was called by the parties.
Submissions:
Mr. O’Brien submitted that Dr. Kolawole’s evidence outlined in detail how Mr. Jakaj’s substance use and mental state are inextricably linked, and that the structure of the ORB and the ability of the hospital to respond rapidly were what prevented violence from occurring. Mr. O’Brien stated that Mr. Jakaj’s submission that his mental illness and substance use can be separated flies in the face of his 10 year psychiatric history under the Board. Mr. O’Brien maintained the hospital’s position that a Detention Order is required to maintain the safety of the public and Mr. Jakaj’s mental health.
Mr. Kim adopted the submissions of the hospital and reiterated that the mechanisms of a Detention Order are what mitigated the risk associated with Mr. Jakaj’s relapses over the past year. He noted there were a number of occasions in the past where Mr. Jakaj had used substances and his mental state had deteriorated rapidly.
Mr. Rai submitted that Mr. Jakaj no longer meets the test for significant threat. He noted that Mr. Jakaj had relapsed to substance use six times since November 2024 and his mental state did not deteriorate, and he was never violent or threatening. Mr. Rai stated that the worst that Mr. Jakaj had done in the last 10 years was slash tires, and punch a car radio and a phone. Mr. Rai submitted that Mr. Jakaj’s fluctuating insight into his substance use should not dominate the significant threat analysis and cannot be the sole basis for denying him an Absolute Discharge. Mr. Rai noted that Mr. Jakaj is capable of consenting to treatment, has good insight into his mental illness, is compliant with mediation, and has a family doctor in the community. The hospital would have an obligation to connect Mr. Jakaj to a civil mental health team if he wanted it. Finally, Mr. Rai stated that Mr. Jakaj was not medicated at the time of the index offence.
Analysis and Conclusions:
The panel found that the Hospital Report and the evidence of Dr. Kolawole demonstrated that Mr. Jakaj continues to represent a significant threat to the safety of the public. In coming to this conclusion, the panel carefully considered the decision of the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625 (“Winko”). In that case, the Court stated that a significant threat to the safety of the public must be: more than speculative in nature and supported by the evidence; significant, in the sense of there being a “real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying”; and the conduct giving rise to the harm must be criminal in nature. Further, the Court stated that there must be a positive finding of a significant threat to the safety of the public in order to support restrictions on an NCR accused’s liberty. Anything else, for example uncertainty, cannot suffice.
In the Winko case, the Supreme Court of Canada also stated that in coming to a conclusion on the issue of significant threat, a Review Board should closely examine a range of evidence including the circumstances of the original offence, the past and expected course of the accused’s treatment, the present state of the NCR accused’s mental condition, and the NCR accused’s own plans for the future, the support services existing for the NCR accused in the community, and the recommendations provided by experts who have examined the NCR accused.
Mr. Jakaj has a significant history of violence and criminal behaviour prior to the index offence in the context of his major mental illness and substance use. The index offence was very serious and involved destruction of property and fire setting. While Mr. Jakaj’s mental state has remained generally stable as a result of compliance with treatment, his ongoing substance use has continued to act as a destabilizer which contributes to irritability, poor judgment, and interpersonal conflicts. This connection between substance use and Mr. Jakaj’s mental state has been observed on a number of occasions, with more acute examples occurring when Mr. Jakaj was on a Conditional Discharge or leave of absence from the hospital, and used substances excessively. At those times, Mr. Jakaj was unable to limit his substance use, engaged in aggressive and destructive behaviours, and exhibited poor judgment. The panel accepted Dr. Kolawole’s evidence that the mechanisms of a Detention Order along with the hospital’s quick actions are what have prevented Mr. Jakaj from engaging in threats, further aggression, physical violence, or other criminal behaviour during his time under the Board.
The panel also noted a pattern of increasing substance use over time which is concerning. Mr. Jakaj was abstinent for a period of approximately three years when first under the jurisdiction of the Board, and was then able to use cannabis in accordance with the low risk guidelines for a period of time. However, Mr. Jakaj then began using crack cocaine, which is a stronger substance of dependence and a more potent destabilizer. He was noted to use it more frequently and in increasing quantities over time, and breached his Disposition many times. This continued to be the case even after Mr. Jakaj attended a residential substance abuse program, and after he was recently readmitted to hospital and lost his housing. Mr. Jakaj did not answer the question directly as to whether his substance use could result in him coming back under the jurisdiction of the Board, stating only that his family has always been his safeguard. However, the panel noted that this had not been a sufficient safeguard in the past, despite what was undoubtedly Mr. Jakaj’s family’s best intentions.
Based on Mr. Jakaj’s history and his current poor insight into the connection between his substance use, his mental state, and his risk for violence, the panel accepted that Mr. Jakaj is at high risk of relapsing into unfettered substance use, disengaging from services, decompensating psychiatrically, and engaging in criminal behaviour similar to the index offence.
The panel found that a continuation of the existing Detention Order is the necessary and appropriate, and least onerous and least restrictive Disposition for Mr. Jakaj at this time. As has been demonstrated over the past reporting year, the hospital requires the ability to approve Mr. Jakaj’s housing and bring him back to the hospital in the event that a transition to the community does not go well. A Conditional Discharge is also not appropriate at the current time for these same reasons.
DATED this 25th day of November 2025, at the City of Toronto, in the Toronto Region.
Suzanne Clapp Legal Member
Office of the Registrar Ontario Review Board