Re: Fahad A. Jeebhai
ORB File No: 8008
Hearing held on: Wednesday, November 12, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(2) of the Criminal Code
Before: Alternate Chairperson: Ms. L. Silver Members: Dr. S. Lessard Dr. T. Stirpe Ms. C. Murray Ms. B. Naegele
Parties Appearing: Accused: Fahad A. Jeebhai Counsel: Ms. F. McNestry (via Zoom)
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated December 3, 2025)
Introduction
On January 12, 2022, Fahad A. Jeebhai was found not criminally responsible on account of mental disorder (“NCR”) on a charge of attempt to commit murder, contrary to the Criminal Code of Canada (the “Criminal Code”).
On November 12, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Jeebhai’s current Disposition pursuant to s. 672.81(2) of the Criminal Code. At the time of the hearing, Mr. Jeebhai was ordered Discharged subject to Conditions.
Mr. Jeebhai was present for his hearing and was represented by counsel, Ms. Fiona McNestry, throughout the proceedings. Ms. McNestry attended via Zoom technology.
A Hospital Report dated August 25, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Jeebhai continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Jeebhai no longer meets the threshold of significant threat to the safety of the public. The Board finds that an Absolute Discharge is the necessary and appropriate Order.
Current Psychiatric Diagnoses
- Schizophrenia; and Substance Use Disorder (alcohol, cannabis) - In Full Sustained Remission
Position of the Parties
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. Mr. Kyle Dow, on behalf of the hospital, took the position that Mr. Jeebhai no longer represents a significant threat to the safety of the public. As such, the hospital recommended an Absolute Discharge.
Counsel for the Attorney General, Ms. Nancy MacDonald, supported the position of the hospital.
Counsel for Mr. Jeebhai, Ms. Fiona McNestry, joined the recommendation of the hospital.
Index Offence
- Details of the index offence from the agreed statement of facts are found on pages 2, 3, and 4 of the Hospital Report and are summarized herein as follows:
Mr. Jeebhai, his sister, and two brothers were living with their mother at the family home at the time of the index offence. On October 10, 2019, Mr. Jeebhai’s sister was sleeping in her bed. Mr. Jeebhai entered her bedroom with a hunting knife and stabbed her in the back while she was lying in bed. The victim sat up, noticed the hunting knife, and attempted to grab it from Mr. Jeebhai. He proceeded to stab the victim in the chest and face, saying that she was not part of the family and to “die already”. At some point, Mr. Jeebhai ended the attack and left. Severely injured, Mr. Jeebhai’s sister was able to make her way to the basement apartment to seek help. Mr. Jeebhai fled the scene and was later arrested after driving some considerable distance from the family home.
Background and History
The Hospital Report contains extensive information regarding Mr. Jeebhai’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
Mr. Jeebhai is a 33-year-old single male born in Ontario.
Mr. Jeebhai was in a motor vehicle accident on April 5, 2008, while he was in grade 11. He suffered head, neck and chest injuries. He was admitted to Sunnybrook Health Sciences Center until April 30, 2008, due to the injuries including a skull fracture, epidural hematoma, and numerous vertebral fractures amongst other injuries.
Following the index offence, Dr. Ali conducted a court assessment and concluded that Mr. Jeebhai was suffering from a neurocognitive disorder due to a traumatic brain injury with behavioural disturbance.
After completing high school, Mr. Jeebhai enrolled in a Bachelor of Arts program at York University and majored in mathematics. He studied for two years until his father became ill. He stopped going to school in December 2012.
Historically, Mr. Jeebhai has worked part-time conducting market research, as a retail associate, as a baggage handler at Pearson Airport, and as a front desk clerk at a hotel. In 2013, Mr. Jeebhai received a settlement from the insurance company regarding his motor vehicle collision. This settlement contributed to his decision to remain out of the workforce for an extended time.
Prior to the index offence, Mr. Jeebhai had not had any psychiatric admissions or interactions with the mental health system.
Mr. Jeebhai had involvement with police prior to the index offences in the context of family disputes. The Hospital Report notes that Mr. Jeebhai reported that he had been arrested or charged twice in 2015 for assaulting his mother and sister, but the charges were dropped or diverted through the mental health courts.
Mr. Jeebhai attended college while under the jurisdiction of the Board. He studied to become a Pharmacy Technician. His internship is partially completed.
Through most of 2024, Mr. Jeebhai resided in a Collaborative Residents Enabling Transitional Engagement (CREATE) Kirkland home in Oshawa where there was direct supervision by staff four hours daily, with staff “on-call” 24/7. In December 2024, Mr. Jeebhai moved to an independent living apartment through LOFT, which is a Canadian Mental Health Association (CMHA) housing program. This transition went without incident and Mr. Jeebhai continues to live in this apartment. He has had no conflicts with neighbours. Mr. Jeebhai receives support from the CMHA Care Team 1.
Mr. Jeebhai has been compliant with his long-acting injectable medication. He has not complained of any side-effects. He has not experienced any breakthrough psychotic symptoms. Mr. Jeebhai’s insight into his mental illness and need for medication is well-developed. He reports that he will continue to take his medication “forever” to manage his symptoms, which he describes as “hearing voices and intrusive thoughts”.
Mr. Jeebhai has remained abstinent from substances in the community. All random urine drug screens have been negative for illicit substances. He reports no cravings or intent to use substances.
On January 17, 2025, Mr. Jeebhai started visits from Forensic Outpatient Services (FOS) biweekly. FOS visits were gradually reduced over the course of the year. In May 2025, FOS services were reduced to once every three weeks. In June 2025, FOS visits were reduced to once every four weeks, which is the minimum reporting as per his current Disposition.
Mr. Jeebhai independently attends his appointments to receive his long-acting injectable antipsychotic medication at the CMHA Nurse Practitioner clinic. He has demonstrated an ability to reschedule work around these appointments.
Mr. Jeebhai is supported by his employment and the Ontario Disability Support Program (ODSP). He has been consistently employed, working part-time or full-time hours at a local hotel. He saved enough money to purchase a car in June 2025 and has since transitioned to employment as a delivery driver. He was unable to find a placement to complete his Pharmacy Technician Diploma, but he plans to return to school for Hospitality Management.
The Hospital Report describes “a flawless and clinically stable” reporting period. Mr. Jeebhai’s mental state has been entirely stable and unchanged. He has not had any psychotic or mood symptoms. He has not harboured violent or suicidal ideation. His cognitive state is unchanged. His insight and judgment are described as very well developed.
Oral Evidence at the Hearing
Dr. Pallandi, Mr. Jeebhai’s outpatient psychiatrist and co-author of the Hospital Report, provided oral evidence at the hearing.
Dr. Pallandi testified that he met with Mr. Jeebhai just before this hearing. Dr. Pallandi was pleased to advise the Board that Mr. Jeebhai was referred to a community psychiatrist, Dr. Said Rizvi, by his family physician. Mr. Jeebhai met with Dr. Rizvi on November 11, 2025, which means Mr. Jeebhai now has a psychiatrist in the community in addition to his other supports. Dr. Pallandi stated that Mr. Jeebhai having a community psychiatrist further supports the evidence that Mr. Jeebhai no longer represents a significant threat of harm to the public.
Mr. Jeebhai gave consent to Dr. Rizvi to speak to his sister, who is a victim of the index offence. Mr. Jeebhai has complied with the Disposition and has not had contact with his sister.
There have been no incidents since Mr. Jeebhai transitioned to the community. Mr. Jeebhai plans to stay in the same apartment. Mr. Jeebhai has a job and is deliberating between keeping it or going back to school to complete his pharmacy course. Dr. Pallandi stated that he has no concerns about Mr. Jeebhai having mental instability due to these stressors.
Dr. Pallandi testified that Mr. Jeebhai has been “a model patient in every respect”. Dr. Pallandi testified that Mr. Jeebhai is very insightful into his mental disorder, his need for antipsychotic medication, and his need to take his antipsychotic medication in perpetuity.
Dr. Pallandi testified that he requested an early hearing because Mr. Jeebhai’s risk to the safety of the public is very low. Dr. Pallandi stated that he is seeking an Absolute Discharge because he is unable to find evidence that Mr. Jeebhai is a risk to the safety of the public.
Submissions
- All parties maintained their initial positions and congratulated Mr. Jeebhai on his commitment to his excellent recovery and rehabilitation.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Jeebhai no longer represents a significant threat to the safety of the public.
Mr. Jeebhai suffers from schizophrenia. Mr. Jeebhai has been fully compliant with medication, and as such, his symptoms have abated and his mental health is stable. His substance use disorder is in full sustained remission.
Mr. Jeebhai’s insight across all domains is described as very well developed. During the most current review period from March to November 2025, Mr. Jeebhai has further demonstrated his insight and desire to maintain his mental health stability by independently bolstering his community supports to include a community psychiatrist.
Though the Board is mindful of the seriousness of the index offence, the hospital did not present evidence of risk that would get over the threshold of significant risk as contemplated in the jurisprudence. Winko v. British Columbia (1999) 2SCR625 requires us to make evidence-based findings of significant threat, defined as “a real risk of physical or psychological harm”. We did not hear evidence of there being a real risk. In fact, we heard from Dr. Pallandi that Mr. Jeebhai has been “a model patient in every respect”. Further, the hospital report describes Mr. Jeebhai as having a “flawless and clinically stable” reporting period.
The Board notes the decision of the Supreme Court of Canada in Winko, and in particular the court’s statement at paragraph 61, which states “perhaps, most importantly, the recommendations provided by the experts who have examined the NCR accused”. The Board accepts the evidence of Dr. Pallandi and the unanimous opinion of the clinical team. In particular, the Board relies on the Clinical Assessment of Risk outlined at page 25 of the Hospital Report and extracted as follows:
“Much as we have previously opined, the patient has addressed all of his modifiable risk factors maximally. He is employed, living independently, compliant with medication for which he has personally responsible, and he has not used substances of any kind. At this juncture we continue to be of the opinion that his risk is low and subthreshold.”
The Board notes that the hospital considered Mr. Jeebhai to be close to receiving a recommendation for an Absolute Discharge at his hearing in March 2025. At that time, Dr. Pallandi recommended a Conditional Discharge as he felt that a little longer period of stability would be ‘good to see’. At the March 2025 hearing, Dr. Pallandi expressed the expectation that Mr. Jeebhai was on a trajectory to receive an Absolute Discharge within six months. Dr. Pallandi’s expectations of Mr. Jeebhai were met and Dr. Pallandi therefore requested this early hearing.
The Board finds that Mr. Jeebhai no longer represents a significant threat to public safety and, therefore, must find in favour of an Absolute Discharge.
DATED this 3rd day of December 2025, at the City of Toronto, in the Toronto Region.
Ms. Christine Murray Legal Member
Office of the Registrar Ontario Review Board