Ontario Review Board
Re: Faramorz Afzali
ORB File No: 7867
Hearing held on: Thursday, October 9, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Clapp Members: Dr. H. Bloom Dr. A. Kerry Mr. P. Capelle Mr. S. Doherty
Parties Appearing:
Accused: Faramorz Afzali Counsel: Mr. A. Confente
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. A. Lepchuk
REASONS FOR DISPOSITION
(Dated November 28, 2025)
Introduction
On March 22, 2021, Mr. Faramorz Afzali was found not criminally responsible on account of mental disorder on a charge of assaulting a peace officer, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Afzali is currently subject to a Disposition of the Ontario Review Board (the "Board") dated October 22, 2024, detaining him at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton (“St. Joseph's”), with privileges up to living in the community in accommodation approved by the person in charge.
On October 9, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Afzali was in attendance and was represented by his counsel, Mr. Confente.
Four Exhibits were marked at the hearing: 1) Updated Hospital Report dated September 30, 2025; 2) Waypoint Response Letter dated October 9, 2025; 3) Crown Brief Synopsis re: July 2019 charges; and 4) Crown Brief Synopsis re: August 2021 charges. Dr. S. Nagari, Mr. Afzali’s attending psychiatrist, gave oral evidence.
Preliminary Matters
Ms. Lepchuk advised that no update has been received to Mr. Afzali's CPIC. However, her information is that Mr. Afzali was, convicted of a charge of possession of a weapon for a dangerous purpose on July 21, 2018. Further, the failing to comply with a release order charge, from July 16, 2020, referenced at pages 6 and 7 Hospital Report should be omitted, as this matter was withdrawn in March 2021. The Crown Brief Synopses marked as Exhibits 3 and 4 include the factual circumstances of Mr. Afzali’s prior assault charges.
Without Prejudice Position of the Parties
Mr. O’Brien advised that the hospital’s recommendation includes a transfer to the Brébeuf provincial facility at the Waypoint Centre for Mental Health Care (“Waypoint”), as set out at pages 54 and 55 of the Hospital Report. He added that he does not disagree with the suggestion contained in the Waypoint Rule 13 response entered as Exhibit 2 and received in the hours prior to this hearing. Specifically, that Mr. Afzali:
- be transferred as an inpatient &
- be subject to a reporting requirement of not less than once per week.
Ms. Lepchuk supported the hospital recommendation as set out above.
Mr. Confente also joined the hospital’s recommendation but submitted that subparagraphs (j), (k) and (l), reproduced below for ease of reference, of Mr. Afzali’s current disposition, dated Oct. 22, 2024, should not be amended in conjunction with Mr. Afzali’s transfer to Waypoint.
(j) travel passes for up to 7 days, upon first obtaining approval of his itinerary by the person in charge of the St. Joseph’s Healthcare Hamilton, West 5th Campus or his or her designate, to travel within Canada, accompanied by staff or person approved by the person in charge;
(k) travel passes for up to 7 days, upon first obtaining approval of his itinerary by the person in charge of the St. Joseph’s Healthcare Hamilton, West 5th Campus or his or her designate, to travel within Canada, indirectly supervised;
(l) travel passes for up to 7 days, upon first obtaining approval of his itinerary by the person in charge of the St. Joseph’s Healthcare Hamilton, West 5th Campus or his or her designate, to travel to Mexico or the Caribbean, with an approved person.
Background and Index Offences
Mr. Afzali was born in Kabul, Afghanistan. His parents' marriage was arranged. and they had seven children together. Prior to leaving Afghanistan Mr. Afzali's mother was employed as a caretaker at a local hospital and as a seamstress. His father served in the Afghani military.
The family relocated to Pakistan when Mr. Afzali was approximately three years of age, where they remained until migrating to Canada 1995. The family initially settled in Richmond Hill before relocating to East York. Subsequently, they moved to Brampton, Guelph, Fergus, Hamilton, and Orillia. Mr. Afzali's mother worked in the restaurant industry and as a maid to provide financial support for the family, while his father remained at home.
When Mr. Afzali was approximately 11 years old, his parents separated. He describes the divorce as acrimonious and reports that the marital conflict was predominantly verbal in nature, though it occasionally escalated to physical violence, with both parents engaging in assaultive behavior toward one another. Mr. Afzali indicates that the divorce was not difficult for him.
Following the separation, his father relocated and began residing with Mr. Afzali's eldest brother and daughter-in-law. Mr. Afzali reports that he was never close to his father following the divorce, and that his relationship with his father's extended family was strained. He states that he would see his father sporadically during family visits or at prayer services at their mosque.
Mr. Afzali is the third youngest of his siblings. He has two older sisters, two older brothers, and two younger brothers. His eldest brother passed away in October 2020 because of an automobile accident. Mr. Afzali characterizes his relationships with his siblings as positive, noting that despite their differences, they maintain supportive relationships with one another.
Mr. Afzali identifies as Muslim within the Ismaili sect of Islam. He reports having strict morals, integrity, and ethics, though he acknowledges that he is not strict in his observance of Islamic religious practices.
Mr. Afzali attended multiple educational institutions during his elementary and secondary education, including George Webster School, Kingsview Village School in Etobicoke, Northwood Public School, BD Flemming Public School, Brampton Centennial School, and Fletchers Meadow Secondary School. Mr. Afzali reports having had a positive childhood. He indicates that he made friends easily and participated actively in various sports and recreational activities. He describes himself as social, outgoing, and creative. He reported active involvement in various extracurricular activities including student council, athletics, and artistic pursuits, and stated that he found his school experiences generally positive.
However, he reported that his school experience changed significantly around age 11, corresponding to the events of 9/11. He disclosed experiencing what he perceived as discriminatory treatment from educators and school administration related to his religious and ethnic background. Mr. Afzali described incidents where he felt disrespected and experienced his concerns being dismissed when reported to school authorities.
He successfully graduated from McMaster University with a degree in English and Sociology. He reports being accepted to York University to pursue postgraduate studies in Psychology. He states that his academic performance was above average throughout his education.
Mr. Afzali reported experiencing bullying behavior while at McMaster University, which he indicated included being removed from class and being accused of stalking a female student. Mr. Afzali characterized these allegations as "libel and inflammatory" and denied any such conduct.
Following this incident, Mr. Afzali's college counselor informed him that continuation of his studies would be contingent upon participation in psychiatric treatment with injectable Risperidone. Mr. Afzali declined this treatment recommendation. He stated that upon returning to his family residence, he experienced subjective improvement in his condition and consulted with a second psychiatric professional who determined that such pharmacological intervention was not clinically indicated. Mr. Afzali reported experiencing subjective improvement in his family home environment and expressed the belief that he did not require psychiatric treatment.
Mr. Afzali disclosed experiencing physical altercations on multiple occasions, including incidents that occurred both at home and during international travel to Europe, which resulted in his deportation to Canada. Historical documentation indicates prior threatening behavior by Mr. Afzali as well as incidents of shoplifting.
Mr. Afzali was discharged to live with family in the community in July 2023. He was admitted to hospital on March 20, 2025 after a urine sample tested positive for cocaine and there were a variety of concerns raised by his family. He has remained an inpatient since then.
The circumstances of the index offence, extracted from last year’s Reasons for Disposition are as follows:
“Mr. Afzali spit at a police officer when he was being removed from the cells at the Barrie Court House to be transported back to jail. The police officer turned to face Mr. Afzali and he was spit on a second time, this time in the face. Mr. Afzali was facing other criminal charges at the time and the circumstances surrounding these allegations will be referred to more fully in these reasons.”
Current Diagnoses
- Bipolar Affective Disorder – in remission,
- Substance Use Disorder, unspecified,
- Unspecified Personality Disorder with Narcissistic and Paranoid Traits.
Evidence at Hearing
Dr. Nagari gave evidence on behalf of the hospital. He has read and adopts the contents of the Hospital Report which contains extensive information concerning Mr. Afzali both prior to and subsequent to the index offence.
Disinhibition was noted while Mr. Afzali was living in the community in February 2025 which raised suspicion of substance use. Positive test results for cocaine were confirmed in March and Mr. Afzali was admitted thereafter for closer observation. There was also an incident of substance use on hospital grounds which precipitated a May 2025 Restriction of Liberty hearing. He presented as more elated and more disinhibited. Since then, he has complied with medication and attended substance use programming. Mr. Afzali is now exercising indirectly supervised community passes and he has visited his sister in Orillia on two occasions on 48-hour passes.
Dr. Nagari noted that Mr. Afzali has not incurred additional criminal charges since August 2021. The Doctor nevertheless opined that his patient’s risk escalates when provided with greater freedoms as occurred in March and May 2025. Mr. Afzali has adhered to all expectations and rules associated with his July 2023 conviction and probation order. As in previous years, he has some legal insight to his problems but lacks insight into his disorder and the impact of substance abuse. He continues to use substances recreationally and does not consider himself an addict. Therefore, the main concern remains his ongoing substance use.
Mr. Afzali shows a clear inclination to use substances despite the weekly monitoring condition in his Disposition. He has lost his job, lost his housing and as indicated in the ROL Hospital Report, his family have concerns vis-à-vis his behaviours. The paragraph referenced by Dr. Nagari in this regard is reproduced below (at page 43):
During a phone call with the undersigned, Amin reported that Mr. Afzali had been secretive about his whereabouts over the past few weeks and had been presenting as irritable. He expressed concerns for his and his family’s safety, recalling past instances where Mr. Afzali’s presentation led them to lock themselves in their rooms to avoid confrontation. Amin stated he does not want the recent instability to escalate and supported his brother's admission to the hospital. He indicated he can no longer provide accommodation for his brother. Regarding whether Mr. Afzali still had a job, Amin needed time to decide. He did, however, share that Mr. Afzali lacks commitment towards work, has issues with punctuality, and takes breaks longer than permitted. Despite receiving a salary, Mr. Afzali has been demanding additional money and has accumulated significant credit card debt. Amin was concerned about Mr. Afzali’s unaffordable expenditures, especially given that his boarding and car payments are covered by the family. It was clear to the team that while Mr. Afzali’s family acknowledges his need for support, they are troubled by his mismanagement, entitlement and lack of transparency. He was reportedly secretive about his whereabouts in the community and becoming annoyed when Amin inquired. As an Approved Person, Amin felt obliged to report his concerns to the team.
Dr. Nagari advised that Mr. Afzali's relationship with his brother Amin remains strained due to oppositional behaviour and prior financial mismanagement which Mr. Afzali is unable to recognize.
Anisa Afzali, Mr. Afzali’s sister attended this hearing. When Mr. Afzali was discharged from hospital in July of 2023, he initially lived with her, absent any issues. She is also an approved person and has indicated a willingness to again allow Mr. Afzali to reside with her and two other siblings in their family home, now located in Orillia. She also made it clear that any substance use will result in the withdrawal of family support. Dr. Nagari advised that he has had several discussions with Anisa Afzali. She genuinely wants to support her brother who “respects and fears” her. Dr. Nagari is satisfied that she will report even minor behavioural changes to the team which the brother, with whom Mr. Afzali previously resided, did not.
The transfer to the Brébeuf program at Waypoint is supported by this hospital. Mr. Afzali must remain medication compliant and substance abstinent. Living with family will be a protective factor for him and employment will be provided at a Jiffy Lube in Barrie, which is owned by another one of his brothers.
There remains an ongoing need for the external controls of a Detention Disposition to maintain stability. Dr. Nagari emphasized that Mr. Afzali needs to stop minimizing his past behaviours and be transparent with the treatment team. He encouraged him to work towards the goal of becoming a tattoo artist. Dr. Nagari does not support the inclusion of the travel passes outside of Ontario. The reason for recommending the removal of some of the travel passes is tied to Mr. Afzali’s trajectory this past year. Specifically, substance use which necessitates a tightening of this privilege. Dr. Nagari also stated that Mr. Afzali had not travelled beyond Ontario in the past year.
Responding to questions from a panel member, Dr. Nagari noted that his patient did very well in 2023 and 2024 and needs to rebuild the trust he enjoyed at that time with the treatment team.
Another panel member suggested that Mr. Afzali's longer term sexual behaviours and interests indicate a hypersexual dimension. Dr. Nagari responded that given Mr. Afzali’s age, it is more likely attitudinal. Mr. Afzali has been able to secure sexual partners from time-to-time and Dr. Nagari does not consider this to be hypersexual as this behaviour is a constant even at baseline. Casual one-night stands are a lifestyle choice for Mr. Afzali. Dr. Nagari has spoken with one previous intimate partner with whom a relationship lasted a few months.
Responding to questions from Mr. Confente, Dr. Nagari confirmed that his patient has not sought out non-medically prescribed substances since May of 2025. Dr. Nagari advised that his understanding is that Anisa will have to re-apply to become an approved person for the Waypoint hospital.
Dr. Nagari stated that since May of 2025 there have not been any reported incidents of Mr. Afzali wanting to hug or date members of the treatment team. This continues to be monitored. Dr. Nagari agreed that cognitive behavioural therapy (CBT) would be helpful and that Mr. Afzali would take this programming if mandated. Dr. Nagari added that the extent to which Mr. Afzali would internalize CBT programming/intervention is unknown.
Closing Observations
Mr. O'Brien described the reporting year as a conflicted one for Mr. Afzali with some down markers. Mr. O’Brien added that this patient is capable of reaching a robust level of recovery if he internalizes what is required for him to advance in his treatment and rehabilitation. The Rule 13 transfer request is not based on security concerns. Rather, it is premised on a sister that knows him well and is willing to work with the hospital to supervise her brother and allow him to lead a productive life in the community. Mr. O’Brien concluded that the plan that the hospital is recommending is a good one. Ms. Lepchuk echoed Mr. O’Brien's submissions adding that Mr. Afzali is fortunate to have a high degree of family support. She added that the proposed restriction of his travel passes is appropriate.
Mr. Confente submitted that by reducing his client’s opportunity for travel, he will be unable to visit his sister who resides in Calgary. He further submitted that after Mr. Afzali’s transfer to the Brébeuf Program at Waypoint, that institution can decide the appropriate scope of travel for his client.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Afzali continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Afzali continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties in this regard and accepted the uncontroverted evidence of Dr. Nagari that Mr. Afzali continues to pose a significant threat. The Board also relies on the Hospital Report, more specifically, the following extract from the most recent Clinical Risk Assessment reproduced below:
Although Mr. Afzali’s mental status is stable at present, he is yet to develop full insight into his diagnosis, the need for treatment and his own risk profile. He engages in positive impression management consistently, minimizes his risks, and displays discharge-centric thinking. He also lacks insight into the detrimental nature of substance use, viewing himself as a recreational user, and not an addict. He clearly overestimates his own ability to self-regulate and abstain from substance use if he were unsupervised.
Without the oversight of the Board, Mr. Afzali is very likely to stop his medications and relapse to using substances. The first signs would be Mr. Afzali presenting as irritable, guarded and entitled. He would disengage with any supports including those provided by his family. In addition to mood disturbance he is likely to develop psychosis and react aggressively to random people. As evidenced in his past history he may act out violently.
Additionally, the panel notes that Mr. Afzali’s PCL-R score of 20 falls within a range frequently associated with a degree of antisociality.
The Board therefore accepts that absent an ORB Disposition, Mr. Afzali would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offence. We are satisfied that absent an ORB Disposition, it is likely that Mr. Afzali will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Afzali continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Afzali’s needs pursuant to s. 672.54 of the Criminal Code.
As noted in the 2024 Reasons for Disposition, Mr. Afzali’s criminal history as set out in the Hospital Report is difficult to reconcile. This is why Ms. Lepchuck provided the information contained in the Preliminary Matters section of these Reasons for Disposition.
Paragraphs 12-14 of the 2024 Reasons for Disposition are explanatory and therefore merit reproduction below:
Mr. Afzali is currently subject to a probation order for offences of violence (assault and assault with a weapon) which were committed in August 2021 after the NCR finding in March of that year. He was sentenced on these matters in May 2023 and received a conditional sentence of imprisonment of nine months and a two-year probation period to follow (until February 2026). The hospital report does not contain details about the circumstances of these charges. This would be useful information for future hearings.
In August 2021 several offences of violence charges were stayed by the court in Barrie. The offences occurred in July 2019, in and around the time of the index offence. These were the charges that Mr. Afzali was facing when he spit on a police officer being transported back to jail from court (the index offence). Crown counsel confirmed that the stay was mainly because Mr. Afzali was found NCR and was under the Board’s jurisdiction and the criminal proceeding for these offences was less in the public interest. The hospital report does not contain information on the circumstances of these charges and given the seriousness of the allegations and the reason for the stay, it would be useful for future hearings to have this included. An updated CPIC would also be helpful.
The recommended transfer from St. Joseph’s to Waypoint’s Brébeuf program was advanced as a joint position. The Panel readily accepts that enabling Mr. Afzali to reside within a catchment area that includes proximity to a loving and supportive family, aware of his psychiatric history will facilitate his rehabilitation and community reintegration. Mr. Afzali’s sister Anisa, described as respected and feared by Mr. Afzali, has offered, to house Mr. Afzali in her Orillia home when he is deemed suitable for community living. There, he will be accepted into a home of pro-social hardworking relatives. This domestic environment also ensures watchful eyes on Mr. Afzali with regard to signs of substance use and mental decompensation. Future employment at a local Jiffy Lube operated by one of Mr. Afzali’s brothers is also on offer.
The necessary and appropriate disposition for Mr. Afzali provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour. In considering the issue of travel passes the Board was attentive to the above noted criminal history as well as the recent incidents of substance use in March and May 2025. The restriction of his travel passes is seen as appropriate, given the need for Mr. Afzali to concentrate on his rehabilitative needs and societal reintegration. Travel Pass provisions that would permit, for example, Mr. Afzali to visit his sister in Calgary indirectly supervised must be earned. This is also the case for international travel whether accompanied or indirectly supervised. Future travel, other than to Southern Ontario as ordered for the 2025/2026 reporting year, requires demonstration by Mr. Afzali of the ability to remain treatment adherent as well as abstinent from substances that can again destabilize his mental health.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Afzali poses to the safety of the public while still meeting his needs, is a Detention Disposition with a transfer to the Brebeuf program at Waypoint. Residual authority will be granted to St. Joseph’s until such time as Mr. Afzali can be transferred to Waypoint.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Nagari 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 carefully considered the need to protect the public from dangerous persons, Mr. Afzali’s mental condition, his reintegration into society and other needs.
DATED this 28th day of November 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Legal Member
Office of the Registrar Ontario Review Board