Re: Safy Benaissa, 2025 CanLII 126052

Ontario Review Board

Re: Safy Benaissa

ORB File No: 8595

Hearing held on: Monday, October 27, 2025

Place of Hearing: Providence Care Hospital

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Ms. K.A. Connidis Members: Dr. S. Hucker Dr. W. Loza Ms. M.L. Bridger Ms. R. MacIntyre

Parties Appearing: Accused: Safy Benaissa Counsel: Mr. W. Murray Person in charge of hospital: Counsel: Ms. T. Tom Representative: Dr. Z. Selhi Attorney-General of Ontario: Counsel: Ms. J. Ferguson

REASONS FOR DISPOSITION

(Dated December 5, 2025)

Introduction

1On July 16th, 2024, the accused, Mr. Safa Benaissa, was found not criminally responsible on account of mental disorder on charges of Assault with a Weapon, Assault, Uttering Threats - Cause death or Bodily Harm, Fail to Comply with Probation Order, all contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Benaissa is currently subject to an Amended Disposition Order dated October 22nd, 2024 which detains him at the secure forensic unit of the hospital with privileges up to and including to live in the community in accommodation approved by the person in charge.

2On October 27th, 2025, a panel of the Ontario Review Board (the "Board") convened a hearing at the Providence Care Hospital in Kingston to conduct Mr. Benaissa's annual review hearing pursuant to section 672.81(1) of the Criminal Code of Canada. Mr. Benaissa attended his hearing and was represented by his counsel, Mr. Will Murray. A hospital report dated October 17th, 2025 was entered as Exhibit No. 1.

Issues to be Determined

3The issues to be determined by the Board were whether Mr. Benaissa represents a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition taking into account the factors set out in section 672.54 of the Criminal Code.

Initial Position of the Parties

4Ms. Tom, on behalf of the hospital, submitted that Mr. Benaissa remains a significant risk and that the current detention order should be maintained with the changes noted in paragraphs 7 and 8 listed in the conclusion of these Reasons.

5Ms. Ferguson, on behalf of the Attorney-General, and Mr. Murray, on behalf of Mr. Benaissa, indicated that that was a joint submission and significant risk was not being contested at the hearing.

Index Offences:

6The details of the index offence are set out in the hospital report as follows:

"On December 3rd, 2021, Justice R. Wadden signed an adult Probation Order with accused, Safy Benaissa, with the relevant condition:

• Keep the peace and be of good behavior

On November 18th, 2023, at 6:40 pm, Cst. Aman was dispatched to an assault call that occurred at St. Lawrence College.

At 6:45 pm, Cst. Aman arrived at CCH and spoke with the victim, Joshua Muller, who alleged that on that date, at approximately 3:00 pm, he had been assaulted by his roommate, Safy Benaissa, with a blue, metal water bottle, causing his right forehead to bleed profusely and had two hand shoved into his kitchen counter after Benaissa verbally confronted him for not cleaning the shared bathroom toilet.

Benaissa threatened to cause bodily harm to Muller, saying "he will hit me and make it hurt," and "if you don't stop, I will break you."

Muller immediately reported the incident to his RA, Alexis Sabourin, who contacted school security and rendered first aid. EMS was called.

Muller advised Cst. Aman that paramedics attended on scene, rendered ongoing care, and transported him to CCH for treatment of a laceration to his right forehead.

Cst. Aman observed Muller's injury, as well as the blood spatter on his clothing. Photos were taken from the scene.

At 8:17 pm, Cst. Aman sent an invitation link to Muller's cell phone to upload any digital evidence taken and further created a safety plan with him, as well as instructed him to attend CPS HQ on Monday, November 20th, 2023, to have a member of Ident photograph his injuries as no SOCO officers were available to attend.

At 8:33 pm, Cst. Aman arrived at St. Lawrence College and spoke with staff, who provided information in relation to the accused. The accused, Benaissa had been advised to leave campus pending an investigation, which he did without incident. He was advised that he could return to St. Lawrence College on Monday, for class, but would have no access to residence.

At 8:56 hours, Cst. Aman formed reasonable grounds for the arrest of Safy Benaissa.

At 9:47 pm, Cst. Aman sent an email to Benaissa, requesting a phone call to CPS HQ. At 10:03 hours, Cst. Aman broadcasted his reasonable grounds for Benaissa to assist with his arrest.

On November 19th, 2023, at 2:15 am, Joshua Muller uploaded 22 still photographs as evidence, depicting his injuries as well as photographs of the scene.

On 22 Nov.23 at 1028 hrs., Dispatch advised Cst. Aman that the victim, Joshua Muller had been at CPS HQ to turn over evidence.

At 10:28 am, Cst. Aman arrived at CPS HQ and seized the alleged evidence.

On December 1st, 23, at 2:32 pm, Cst. Aman placed a phone call to St. Lawrence College Campus security where Cst. Aman reached David Wright, who advised Cst. Aman that he has an appointment with the accused, Safy Benaissa, on December 2, 2023 at 11:00 am, to clean out his old dorm room. Wright advised Cst. Aman that he would contact police when Benaissa arrives on campus in order to assist with the affect of his arrest for his outstanding charges.

On December 2nd, 2023, at 11:13 am, Cst. Aman was advised by St. Lawrence security staff that the accused, Safy Benaissa, had arrived on scene in order to empty out his personal possessions from his former dorm room and they would stand by with him for police to speak with him.

All parties agreed to have the accused finalize cleaning out his room prior to dealing with police. Cst. Aman confirmed Benaissa's identity with a driver's license.

At 12:18 pm, Cst. Aman placed Benaissa under arrest. Cst. Aman handcuffed Benaissa to the rear and escorted him to police cruiser # 4 where he was searched and nothing of evidentiary value was found. At 12:20 pm, Cst. Aman read Benaissa his rights to counsel to which he replied "yes" that he understood and "not at this time" to a lawyer.

At 12:21 pm, Cst. Aman read Benaissa the caution, which he replied "yes" that he understood.

At 12:22 pm, Cst. Aman transported Benaissa to CPS HQ, arriving at 12:28 pm. Benaissa was escorted into the front lobby interview room.

Background History

7Mr. Benaissa was born in Algeria. He moved to France at age seven and then to Montreal at age eight, before finally settling in Kingston Ontario at age nine. When he was about eleven, his mother moved to Quebec City to study for her pharmacy equivalency, and he stayed with his father in Kingston. He indicated that, although his parents never divorced, they were often physically separated, and that part of this was due to difficulties in their relationship. His mother has continued to work as a pharmacist while living in Ottawa, and his father is a mechanical engineer who teaches at the Royal Military College while living in Kingston.

8He stated that there was lots of arguing between his parents growing up. These confrontations were mostly verbal. At times, his father would break a dinner plate and once flipped over a coffee table, but there were no direct physical altercations between his father and mother. He added that arguments became the norm in the household, and that this arguing would occur in front of himself and his sister. Mr. Benaissa also described a difficult relationship with his sister, who currently works as a recruiter in technology services and residing with the father in Kingston, which was a recent move. He added that she was diagnosed with "psychopathy", and that she was "extremely difficult" to be around.

9Mr. Benaissa advised that, as a young child in Algiers, he was subjected to corporal punishment by his mother. However, this behaviour ceased once his family moved from Algeria. He did not report any history of sexual abuse. Mr. Benaissa described feeling that he was emotionally abused and neglected while growing up. He clarified that he was often "picked on" by his parents and that they would call him names. He added that his mother in particular neglected him, and he felt that she was not prepared to have a child when he was born. He said that his mother was "hyperfeminine and hates men." He has consciously been trying to keep some distance between them, stating that she did some things in the past to hurt him. Part of his explanation for this involves his belief that his mother did not properly treat the umbilical infection he had as a child, mainly rubbing hot pepper around the belly button. He indicated that this directly resulted in his having a dysmorphic body and not developing properly, which will be explained later on in this report.

10Mr. Benaissa felt that his interactions with his parents were always poor. He explained that both his parents were focussed on their jobs, and his sister was focussed on school, and so there was no one who could take time to listen to his concerns. He added that he was treated rudely by his parents because they disagreed with his drug use. He describes feeling like he was not valued by his family. Mr. Benaissa currently lives in shared housing, sharing a kitchen and bathroom with others at the property. He believed that there were twenty-three bedrooms in the house, but he was unsure of exactly how many people were living there. He had been there since September, 2020. He noted that there are maintenance workers and cleaners at the property, but no social workers or community health workers.

11Mr. Benaissa described working on several projects in his spare time. One such project included creating a point-and-click adventure video game that would teach players about space and the stars in the galaxy around them. He was hoping to create a game experience that would be very relaxing and allow players to sleep more.

12Mr. Benaissa provided a fairly convoluted explanation of his education history and much of this information was obtained by speaking with his father. Mr. Benaissa was about nine when he finally settled in Kingston, Ontario, being enrolled in Grade 3 at the time. He completed high school in Kingston, staying an extra year in school to socialize with friends and continue playing football. He then went to the University of Guelph and studied physics. He dropped out after his second year and returned to Ottawa. He spent a year studying theoretical physics at Carleton University but ended up dropping out again. He spent a few years in Kingston before returning to Carleton University to study geology. He dropped out after a year, then after some time enrolled as a student at Algonquin College where he studied Applied Arts and Technology, with his program focused on video game design. After his mischief charge for defacing a mural on campus in January 2020, he continued to be a student but has been prohibited from attending classes. The college has told him that they would allow him to resume his studies once they are satisfied that he is better from a mental health perspective.

13Mr. Benaissa stated that he has previously worked at a research lab in Ottawa, where he collected data on fluid mixing. He later had a similar research job in Kingston where he worked on flow visualization. He also described working as a cook while in Guelph. He is currently unemployed, nonetheless, and is financially supported on ODSP. On speaking with his father for collateral history, he confirmed that Mr. Benaissa spent a summer working at a research lab at the Royal Military College. In addition to his other jobs, the father noted that Mr. Benaissa has previously worked at Staples and Home Depot.

14Mr. Benaissa said that he has never been in a significant romantic relationship. His father largely confirmed this, adding that Mr. Benaissa was seeing someone during the first year of University in Guelph but it did not seem serious.

15Mr. Benaissa did not endorse any ongoing medical issues or any previous surgical procedures. He did not have any history of seizures. Although he endorsed some head injuries from contact sports, he never lost consciousness or had resultant sequelae. He has never had to go to a hospital for head trauma. As previously mentioned, Mr. Benaissa described his body as being dysmorphic and not having developed properly due to his mother previously rubbing pepper flakes around his umbilical region. He also suggested that his genitals seemed to be morphing and perhaps inverting itself into a vagina instead. He advised that he did not feel comfortable fully discussing this, and that he previously saw a physician about it but no suggestions or diagnoses were provided.

Psychiatric History

16Mr. Benaissa stated that he was first diagnosed with bipolar disorder in 2011 in Kingston. He explained that this occurred after an incident where he was brought by police to the hospital after heated arguments at home. He remembered being tried on several medications, of which he remembers being on antipsychotics (Loxapine, Risperidone, and Abilify). He was eventually put on a mood stabilizer (Valproic Acid) and remained on this for about eighteen months. He noticed that the Valproic Acid was helpful in improving his mood. He subsequently saw a psychiatrist at the mood disorders clinic through Providence Care, and he was switched onto another antipsychotic (Zeldox). He stated that he did well on this, however gained some weight. After some time, he was able to gradually wean off the Zeldox, noting that his psychiatrist felt that his condition was much improved.

17Mr. Benaissa also described an admission to Montfort Hospital in May 2020. He had been arguing with his father and called 911 to bring his father into hospital. However, the police told him that he was the one who needed to go to the hospital. He stayed at the Montfort for a week and was started on an antipsychotic (Risperidone). He said that he did well on it but eventually became tired of having to take it. He added that in July 2021 he had a phone call with the inpatient psychiatrist and discontinued his Risperidone at this time. Mr. Benaissa's father advised that Mr. Benaissa did not have any problems with mental health as a child or adolescent. However, he had started using drugs, mostly cannabis, fairly regularly in high school, and this worsened as he attended the University of Guelph. While he was using drugs, he was noted to be much more aggressive and argumentative.

18On one particular occasion, police were called and he was admitted to Hotel Dieu hospital in Kingston for a month. Apparently, no diagnosis was made at this time, but he was given a prescription for medication on discharge. His father could not remember which medication he was on. Mr. Benaissa's father further reported that Mr. Benaissa's aggressive and argumentative behaviours continued, and there were several more incidents involving police and brief admissions to hospital.

19After one of these admissions, rather than returning home, Mr. Benaissa took a bus to Guelph, where he lived in several shelters. His father was eventually able to bring Mr. Benaissa back home to Kingston. His father added that, in 2012, after spending some time at home, Mr. Benaissa decided to stop using drugs and look into therapy. He was connected with Dr. Jakie who followed him from 2012 to 2015. During this time, the bipolar diagnosis was made, which was the first time Mr. Benaissa had been given a psychiatric diagnosis. He was prescribed Zeldox (an antipsychotic) and did well on this, with his mood much better controlled. He was gradually weaned off his Zeldox in 2015. Since then, he has not had any involvement with psychiatry until his admission at Montfort hospital in 2020. Since discharge from the Montfort, his father has not noticed any mood symptoms or aggressive behaviours. Notably however, his father states that Mr. Benaissa stopped taking his antipsychotic (Risperidone) a few weeks after his discharge from the Montfort, which contradicted with Mr. Benaissa's statement that he had taken Risperidone up until July 2021.

20Collateral psychiatric history records from Kingston General Hospital revealed that, on April 16 2011, Mr. Benaissa was brought to emergency department for erratic behaviour. He was noted by parents and sister to be shouting at himself. They also noted that, three weeks prior to this, he approached his mother in the middle of the night and asked her to leave the house, threatening to hit her with a stick. Mr. Benaissa was admitted on a Form 1 for safety concerns, and later renewed on a Form 3. He was noted to be hostile at times and he had a Code White called. He demonstrated very poor insight into his illness. He was started on an antipsychotic (Seroquel XR). He gradually improved and no longer displayed any psychotic or manic behaviour. He was cooperative on the unit although still fairly confrontational with his family. He was no longer certifiable and left hospital on May 10, 2011.

21Mr. Benaissa was later seen in the emergency department at the Kingston General Hospital on November 13, 2011, where he was brought in by police. He had punched his mother because she was being "abusive hormonally" to him. He did not endorse any suicidal or homicidal ideation nor was he felt to have any psychotic symptoms. He was discharged with crisis team follow-up. He presented to the emergency department again several months later on May 24, 2012, asking to get back on his medication for when he started school. However, it was noted that he was quite confused and that there were many inconsistencies in his story. Psychiatry was consulted, however he left before being seen by them.

22Records from Providence Care Hospital included outpatient psychiatric notes from February 17, 2014 to October 24, 2016. In the initial note, composed by Dr. Jokic, it was reported that Mr. Benaissa was endorsing side effects from his antipsychotic (Abilify 15 mg) and he had withdrawn from the psychologist appointments. He endorsed some delusional somatic thoughts about tar around his heart and needing to preserve his energy. On March 10, 2014, it was noted that his "thought processes are still vague." It was added that he had some poorly defined somatic complaints about his blood being dirty and needing to cleanse. Mr. Benaissa also expressed being keen to eventually discontinue the medication.

23On April 14, 2014, the father stated that Mr. Benaissa had gone from "very vague, circumstantial, very odd conversations to a sort of a normal young man", which led to the belief that the antipsychotic (Abilify) has been helping. Mr. Benaissa had several follow-up appointments after this, where there were no noted concerns or complaints, although it was reported that Mr. Benaissa was experiencing problematic weight gain while on the Ability. As such, on May 04, 2015, it was decided to cross titrate to another antipsychotic viewed as being weight neutral (Zeldox). There were no reported concerns regarding psychotic symptoms during this switch. It was noticed by the writer that there was no listed primary diagnosis during any of these visits, but the symptoms described appeared to be more in keeping with a psychotic disorder.

24Records from Providence Care included a discharge summary by Dr. Jakie dated October 24, 2016. It was noted that the father was also present at the appointment, and that it was felt that Mr. Benaissa was doing "very well" with no voiced concerns. Mr. Benaissa had returned to school with a full course load, had a supportive circle of friends, and working with a personal trainer. There was a recent decrease of his antipsychotic (Zeldox to 20 mg), and it was felt that Mr. Benaissa continued to do well albeit some insomnia the first few nights. Mr. Benaissa was motivated to discontinue the antipsychotic medication, given the stability in his symptoms over the previous couple of years. It was noted that the decrease in his medication occurred gradually over time due to the severity of his symptoms in the past. Mr. Benaissa's main complaint about the medication was the impact it had on his "flat" mood. As a result, the medication was discontinued and Mr. Benaissa and the father were instructed to reach out to Dr. Jakie any time should the symptoms relapse.

25According to records from the Montfort Hospital, Mr. Benaissa was initially seen in the emergency department on May 11, 2020, where he was brought in by police on a section 17 after a physical altercation when he tried to choke his father. In the emergency department he was noted to endorse some somatic, persecutory, and grandiose delusions. It was ultimately felt that he was not a safety risk and was thus not certifiable for involuntarily admission. As he did not want to be voluntarily admitted to hospital, he was discharged home with a low-dose antipsychotic (Seroquel) to be taken for anxiety/agitation on an as-needed basis.

26Mr. Benaissa presented again on May 23, 2021, after he called police because he sensed that his father was sending "tension" towards him that was targeting his thyroid. He was brought in by police and was placed on a Form 1. He spoke of a "primordial infection" in his abdomen as a result of a way his umbilical cord was cut. He believed that this infection was causing him chronic pain, and that his parents were actively trying to encourage growth of this infection in order to make him paraplegic. He also felt like his parents were trying to kill him by poisoning his food. Mr. Benaissa was admitted for a week in hospital under the care of psychiatrist Dr. Levesque. It was felt that his presentation was in keeping with schizophrenia and he was started on antipsychotic (Risperidone 2 mg). He continued to endorse somatic, persecutory, and grandiose delusions although this was improved on the risperidone. His insight into his delusions remained poor and he voiced his uncertainty on whether he truly needed medications. He was noted to be fairly pleasant on the unit and it was felt that he was no longer certifiable under the Mental Health Act. His Form 1 expired and he remained a voluntary patient for several days before deciding to leave hospital.

27During his stay he did not show any mood symptoms, violence, or expressed any suicidal or homicidal ideation.

Current Diagnoses

28Mr. Benaissa's current diagnoses are set out on page 25 of the hospital report and summarized as follows:

"Mr. Benaissa has been suffering from a mental illness for some time. This predated the alleged offenses and continues to be present. The presence of delusions and perceptual abnormalities along with thought disorder is typical for Schizophrenia. His use of cannabis appears to be incidental and not causative but could worsen his psychosis.

At this time, his actual use of Cannabis is not known and he should receive a diagnosis of Cannabis Use Disorder."

Evidence at hearing

29The hospital's evidence was presented through its report (Exhibit 1) as well as through the oral testimony of Dr. Z. Selhi. This evidence is summarized below.

30Dr. Selhi has been his treating physician since December of 2024. His current diagnosis remains the same. His medications remain the same. At page 35 she adopts the position of significant risk and when asked to summarize why, by Ms. Tom for the hospital, she indicated as follows:

1. The major mental illness;
2. When not taking his medication, he is very much a significant risk.
3. The index offence is violent.
4. He did have a substance use disorder (cannabis) at one point. She also said he continues to lack insight into his risk and his major mental illness.

31At page 32 of the hospital report, Dr. Selhi was asked if she agreed with the following statement by Dr. Douglas' in the second paragraph of her risk assessment conducted on September 19th, 2025:

"Mr. Benaissa has a history of aggressive behaviour that has mainly been directed toward his family members, and on occasion, toward acquaintances (e.g., co-patient, student). Aggressive behaviours have been variable, including choking, hitting, shoving/pushing, fist fighting, punching, and grabbing, as well as making threats of aggression. Over the course of the review period, Mr. Benaissa assaulted his father on one occasion, and apparently kicked a dog.

32Dr. Selhi stated she agreed with Dr. Douglas' assessment. He spoke about persecutory delusions even when treated with medication.

33Ms. Tom asked Dr. Selhi if she agreed with Dr. Douglas that Mr. Benaissa is a moderate to high risk. Dr. Selhi answered that she thought he was more a moderate risk than high given his current level of supervision.

34In response to a question about physical harm and who would likely be at risk, Dr. Selhi stated that typically family members would be at risk of harm, but not necessarily. She said in the next year she hoped to have him enrolled in informal groups with the outpatient team, i.e. schooling, involving family in treatment. The accused has not been supportive of having his family involved and he has blocked that, although he is currently living with his father.

35Paragraphs 7 and 8 were discussed at page 34 which would allow Mr. Benaissa to visit his mother in Quebec. He needs to be on medication and not using substances. The treatment team needs to be in touch with him.

36In the past year Mr. Benaissa had positive urine screens for marijuana. Mr. Benaissa told the treatment team that around Canada Day he celebrated with a couple of drinks and they only found out about the alcohol because he did tell them. He has some insight into using cannabis but he is not receptive about going to formal therapy groups.

37When she was asked by Ms. Tom to describe his year, Dr. Selhi said he is moving in the right direction. He is on the long-acting medication. He came into hospital when he was having difficulty with his father. She said he is making progress and she is relatively happy about that.

38Ms. Ferguson, on behalf of the Attorney-General, had no questions for Dr. Selhi.

39In response to questions from Mr. Murray, on behalf of Mr. Benaissa, Dr. Selhi was referred to page 30 of the Hospital Report. The mother is emotional support and the father is instrumental in Mr. Murray asked, what does that mean? The Doctor said she really could not say because she did not write it.

40Mr. Murray asked about his client's insight and Dr. Selhi stated that his insight is extremely limited and the reason he agreed to the long-acting medication was because he wanted to be cleared for school. His understanding of having a mental illness is very poor. In response to a further question by Mr. Murray if his client was pleasant to deal with and the Doctor responded, yes.

41In response to questions from members of the panel, the psychologist member asked why did the accused request to come into hospital? Dr. Selhi stated his delusions were affecting him. He perceived his father to be doing things to him, but this was not clarified. The accused was afraid he would hurt his father; however, the father was quite surprised that he went to hospital because his father thought he was doing okay and wanted to have him at home.

42The psychologist member asked about the terms of therapy, and Dr. Selhi stated that he has a very good rapport with his worker. He is just starting with groups and according to Dr. Selhi, he is not yet ready for individual therapy. He is resistant to groups and he does not like groups.

43In response to questions from the legal member Dr. Selhi stated that the father is apparently working at a full-time job and he is away on weekends a lot. The member then asked what Mr. Benaissa was doing with his time. He is walking a bit and cooking and cleaning but there is no real structure. He meets once a week with his case worker or he is engaged with a team member at least once a week.

44The public member asked if he made any friends and he has not yet and they are saying that there is hope that if he gets into group therapy, which he has stated he does not like, whether he might make friends and find social support there.

45In response to questions from the Alternate Chair, Dr. Selhi was asked if anyone checked on him during the week. The Doctor said she is not too concerned as long as he is abstinent from substances, but an ongoing concern is he will not allow his father to be involved in family therapy. The Alternate Chair asked if the father had requested supports and was told no. She asked about the jurisdiction about him visiting Quebec and the Doctor said with the long-term medication she was not concerned about him visiting Quebec. She felt he was relatively a low risk and had to make sure that the mother also gets involved in the process.

46In further questions from Ms. Tom, on behalf of the hospital, Dr. Selhi said he is a low risk because his parents are engaged. With respect to travel with his father as an approved person, Dr. Selhi stated that the father is not yet approved. Dr Selhi also stated that visiting his mother is part of the therapeutic process. He is resistant to groups and group therapy.

47No further evidence was presented.

Closing Submissions

48In final submissions, all parties were joint with respect to significant risk. Ms. Tom referred to the current risk assessment and stated that Mr. Benaissa has a long history of harming family members. He brought himself into hospital, which is good but this is early days, especially for the father.

49Ms. Tom referred to the recommendations at paragraphs 7 and 8 and stated that they were only to be exercised if he is stable, is medication compliant and allows his parents to be involved.

50Ms. Ferguson, on behalf of the Attorney-General, supported the hospital's recommendations.

51Mr. Murray, on behalf of Mr. Benaissa, also agreed with the hospital and stated lots more progress and optimism for the year to come.

Analysis and Decision

(a) Significant Threat

52Ongoing 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.

53In determining whether Mr. Benaissa represents 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.

54The Board unanimously finds that Mr. Benaissa poses a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Selhi that Mr. Benaissa continues to pose a significant threat. The Board also relies on the Hospital Report in determining that Mr. Benaissa suffers from a serious mental illness as outlined above.

55The Board therefore accepts that absent an ORB Disposition, Mr. Benaissa 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 offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Benaissa will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

56Flowing from the Board's finding that Mr. Benaissa 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. Benaissa's needs pursuant to s. 672.54 of the Criminal Code.

57The necessary and appropriate disposition for Mr. Benaissa provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour. The Board retired and particularly focussed on paragraphs 7 and 8 as submitted by counsel.

58The Board has concerns about paragraph 8 and does not agree that he should be out, unescorted, with an approved itinerary.

59The panel agreed with Paragraph 7, provided an approved person could be with him Presumably, the only people who would be coming forward would be his parents, who are separated. His father, if he were to be approved, could drive him to his mother's home in Gatineau for visits with her, including consecutive overnight stays.

60The Board was also concerned that Mr. Benaissa has too much time on his hands. The Board would like to see him in a more structured situation, either attending school, working, volunteering, at least part time.

61The Board is not in agreement with having solely an approved itinerary. At this time, he needs an approved person. None of that will happen unless he brings his parents into the therapeutic process and stops blocking their participation.

Conclusion

62Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Benaissa poses to the safety of the public while still meeting his needs is a Detention Disposition with privileges as set out in the Disposition Memo.

63In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Selhi 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. Benaissa's mental condition, his reintegration into society and other needs.