Ontario Review Board
Re: Zabieh Pasha
ORB File No: 5677
Hearing held on: Monday, November 24, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. G. Beasley Members: Dr. T. Wilkie Dr. M. Kalia Mr. R. Bigelow Ms. B. Little
Parties Appearing: Accused: Zabieh Pasha Counsel: Ms. J. Boissonneault
The person in charge of hospital: Counsel: Mr. K. Dow Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated December 29, 2025)
Introduction
[1]. On July 15, 2010, the accused, Zabieh Pasha, was found not criminally responsible on account of mental disorder on charges of robbery and mischief - not exceeding $5000, all contrary to the Criminal Code of Canada. By reason of a disposition of the Ontario Review Board (“ORB”) dated November 18, 2024, Mr. Pasha was ordered to be detained at the General Forensic Service of the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”), with privileges up to and including residing in the community in accommodation approved by the person in charge.
[2]. On November 24, 2025, the ORB convened a hearing at Ontario Shores for the purpose of the annual review of Mr. Pasha’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Pasha was in attendance and represented by counsel, Ms. Boissonneault, Mr. Dow appeared as counsel for the hospital and Ms. MacDonald as counsel for the Attorney General of Ontario.
Index Offences
[3]. The circumstances giving rise to the index offences are excerpted from the Hospital Report:
“Charge #1
The following information is taken from the London Police Service – Charge Sheet 099443:
On June 12, 2009, the accused was released on a Recognizance of Bail after having been charged with 145(5.1), 264(3), 463(d). His prior release was vacated, and the following conditions were imposed: Reside at The American Motel 2031 Dundas Street London ON and notify, in writing, the officer in charge London Police Services 601 Dundas Street Ontario 24 hours prior to any change in my address and reside thereafter at the address so provided.
On Friday, July 3, 2009, at approximately 10:50 am, 84 year old victim, Doris Shoebottom was at Cherry Hill Mall located at 302 Oxford Street in the City of London. She was walking toward her personal motor vehicle having just completed some personal errands when the accused ran up to her from behind.
The victim was holding her purse with her left hand, so the accused forced his shoulder into her left side, shoving her to the ground causing the victim to relinquish her purse.
The accused then ran through the parking lot and fled from the area with the purse.
The event was witnessed by several passers-by as the victim screamed out in distress. An emergency call to the London Police Service was initiated. Several officers responded however the accused was not located.
Surveillance images of a male following the victim from the mall and matching the description of the accused were obtained and released to the media.
On Saturday, July 4, 2009 the accused was the subject of an unrelated criminal investigation. Witnesses involved in that investigation identified the accused as the male responsible for the robbery of the elderly lady at Cherryhill Mall.
The accused, Zabieh Pasha, was arrested on a City of London Transit Bus at 11:00 pm on July 5, 2009.”
“Charge #2
The following information is taken from the London Police Service – Charge Sheet 099473:
In this case, 242 Pall Mall Street in the City of London is a lodging facility operated as the Station Park All Suites Hotel and is owned by a holdings company known as the Decade Corporation. Witness, Brian Tereschuk is a maintenance worker employed by the Decade Corporation assigned to the hotel.
On Friday, July 3, 2009, at approximately 8:00 am, Tereschuk was completing his rounds on the 13th floor of the hotel when he observed that the closed door to room 1290 showed signs of forced entry and significant damage. After confirming that no one had rented the room and that it should be vacant, Tereshcuk attempted to make entry by using a plastic swipe-card master key designed to activate the magnetic locking mechanism. Tereschuk realized, at that time, that the magnetic lock had been damaged as a result of the door having been forced open, and was consequently required to use a conventional metal key to effect entry. Once inside, Tereschuk observed a male, later identified as the accused, Zabieh Akbar PASHA (25 years), asleep on the bed in the room. Tereschuk subsequently arranged for front desk staff to contact the police and PASHA, upon being awakened, subsequently fled down the stairs and out of the building.
PC Marc O’Brien of the London Police later attended and completed a preliminary investigation, also noting that there was no video surveillance footage of the incident. PC O’Brien received a preliminary damage estimate from hotel staff of $250 in relation to the damaged door frame and magnetic locking system. The officer also obtained a detailed suspect description from witness, Tereschuk.
On Monday, July 6, 2009, this matter was re-assigned to DC Mike Arntfield of the Criminal investigation Division, who identified PASHA as a suspect following his arrest on July 5, 2009 for the mugging and beating of an 84-year-old female, only hours after this offence.
On Tuesday, July 7, 2009, witness Tereschuk attended London Police Headquarters and on video successfully selected PASH from a photo-line of a total of 12 images, confirming that he was, in fact, the male who burglarized room 120 at 242 Pall Mall Street.
Current Diagnoses
[4]. The current diagnoses are taken from the Hospital Report:
Schizoaffective Disorder, bipolar type
Antisocial Personality Disorder traits
Borderline Personality Disorder traits
Amphetamine-type Substance Use Disorder, severe
Cocaine Use Disorder, moderate
Cannabis Use Disorder, moderate
Criminal Record
[5]. Mr. Pasha had no criminal record prior to the index offences but was charged and convicted of an assault that took place on December 29, 2017, at Waypoint Centre for Mental Health Care (“Waypoint”).
Background and Personal History
[6]. Mr. Pasha’s background and personal history are comprehensively reported in the Hospital Report which was filed as an exhibit at the hearing. For that reason, there will be no extensive reference to the details in these Reasons. By way of summary, Mr. Pasha was born and raised in Pakistan until the age of 11 when he immigrated to Canada with his family. He initially resided in Toronto and then moved to London where his parents both worked for a local company. He has three brothers and all of the children resided with their parents. Mr. Pasha reports physical abuse from both his father and a teacher at school. As a youth he was involved in stealing, fighting, vandalism, running away from home, temper tantrums, truancy, and substance abuse. Mr. Pasha’s parents separated in 2014, when he was 30 years old. There was no report of a family history of psychiatric illness, suicidal behaviour, or conflicts with the law.
[7]. According to Mr. Pasha, he attended school in both Pakistan and Canada and is a few credits short of obtaining a high school diploma. Mr. Pasha states that he was a slow learner and would occasionally attend school under the influence of cannabis. His employment history consists of assembling computers for the London and District School Board. He has never married and never been involved in any common-law relationships and did not have a partner at the time of the index offences. Mr. Pasha states that prior to his arrest, he was involved with a woman who apparently was employed as a stripper and that they consumed drugs together.
[8]. Of relevance in his medical history is that Mr. Pasha was involved in a motor vehicle accident about two years prior to the index offences. He reported that he tried to kill himself in the accident because of arguments he was having with his parents. As a result of the accident, he has headaches, and neck and back pain and visual problems. Mr. Pasha also reports that he developed a pattern of abusive consumption of alcohol after his motor vehicle accident. He also reports that he started using cannabis when he was between the ages of 16 and 18 and has used it on “thousands of occasions” and “on most days” until his arrest. Mr. Pasha also reports using cocaine, heroin, and amphetamines. According to the Hospital Report, Mr. Pasha did not have any contact with mental health professionals prior to the index offence other than an assessment for insurance purposes related to his motor vehicle accident.
Position at the Parties
[9]. At the outset of the hearing counsel for the hospital, Mr. Dow, stated that the recommendation of the treatment team was for no change to the current detention order. Counsel for the Attorney General of Ontario, Ms. MacDonald, reserved her position until the conclusion of the evidence. Counsel for Mr. Pasha, Ms. Boissonneault, supported the recommendation of the hospital and conceded that there would be no challenge to a finding that Mr. Pasha continues to represent a significant threat to the safety of the public.
Evidence
[10]. The evidence on behalf of the hospital was presented by Dr. Alioglu Karayilan. Dr. Karayilan stated that she is a Clinical Fellow working under the supervision of Dr. Pytyck, who was present at the hearing. Dr. Karayilan was the co-author of the Hospital Report and endorsed its contents. By way of update, Dr. Karayilan stated that Mr. Pasha had for the past two weeks been able to exercise newly granted privileges which gave him indirectly supervised access to the hospital and grounds twice a day for 30 minutes at a time. Dr. Karayilan stated that generally it has been a difficult year for Mr. Pasha. He has had a number of incidents on the unit, usually involving the use of substances. He has continued to demonstrate psychotic symptoms and has engaged in violent verbal behaviour. Dr. Karayilan said that Mr. Pasha’s incidents usually involve gambling. Mr. Pasha also has financial stress related to his gambling.
[11]. Dr. Karayilan stated that there have been some adjustments in Mr. Pasha’s medications. He was previously on a long-acting injection form of antipsychotic medication, but this has been changed to different medications which are given in oral form. Dr. Karayilan said that in October, Mr. Pasha returned two positive tests for cocaine, amphetamine, and a synthetic opioid. As a result, his privileges were put on hold as reported to the ORB in the Campbell letter. Mr. Pasha’s privileges are now being slowly increased with steps being taken to address his substance use.
[12]. Dr. Karayilan was asked about Mr. Pasha’s significant threat to the safety of the public. Dr. Karayilan stated that without treatment and support of the hospital, Mr. Pasha would likely disengage from treatment resulting in an increased risk to the safety of the public. Dr. Karayilan said the team are not recommending any changes to the current detention disposition in light of the difficulties Mr. Pasha has had throughout the past reporting year. Mr. Pasha has not been receptive to group programming or counseling with respect to substance use and behaviour programs and so the treatment team are hoping that individual psychotherapy for substance use will help get him back to his baseline. Dr. Karayilan said that in her opinion keeping all of the privileges set out in the current Disposition will hopefully act as a motivator to Mr. Pasha to accept treatment over the upcoming reporting year.
[13]. Ms. MacDonald asked Dr. Karayilan about the likelihood of Mr. Pasha being able to exercise conditions in the existing detention order which would permit him to enter the community indirectly supervised within 300 kilometers of the hospital, travel for up to seven days and ultimately reside in the community in accommodation approved. Dr. Karayilan said that it was likely if a number of conditions are met by Mr. Pasha, including adherence to his antipsychotic medication, continuing with the negative UDS screens, and not displaying any psychotic symptoms. Dr. Karayilan said that the seven-day pass would be utilized if there was an anticipated discharge to a group home. The final condition of residing in the community would only be met if all other conditions were satisfactory.
[14]. Dr. Karayilan acknowledged that Mr. Pasha does have a history of refusing to provide UDS samples or tampering with the samples he has provided. However, she testified that in the past few weeks Mr. Pasha has expressed more interest in stopping the use of substances. He has developed some insight. Dr. Karayilan agreed that the Hospital Report indicated that there may be difficulty in placing Mr. Pasha in a group home in the community due to his substance use which would be in violation of most available accommodation’s rules. Dr. Karayilan said that Mr. Pasha is aware of that limitation on the ability of the treatment team to place him in the community. Dr. Karayilan reiterated that in order to extend further privileges to Mr. Pasha the treatment team will need to see consistent adherence with medications, reduction in his psychotic symptoms and continued negative results from his UDS screens.
[15]. Ms. Boissonneault asked Dr. Karayilan about the comment in the Hospital Report that a new risk assessment had not been completed for the current report. Dr. Karayilan stated that there were no new risks present to the safety of the public and that the treatment team agreed with the conclusion reached in the risk assessment prepared for the hearing in 2024. Dr. Karayilan said that the substance use concerns are not a new issue but are an ongoing struggle for Mr. Pasha. At his baseline, Mr. Pasha is aware of the risks that he represents. His relapses are part of his substance addiction. Dr. Karayilan stated that the present permissible privileges will be increased slowly. When Mr. Pasha is on his medication, he is motivated and is manageable under the terms of his current Disposition. She agreed that there were practical and therapeutic benefits to maintaining the privileges in the current Disposition. This was particularly so in respect of the waitlists which are currently lengthy for access to group homes in the community. Dr. Karayilan did state that it was unlikely that Mr. Pasha would be accepted by any group home at the present time. He has resided in the community in the past and returned voluntarily to the hospital.
[16]. Dr. Karayilan was asked about the positive urine drug screens listed in the Hospital Report. She stated that not all of the positive results occurred following passes onto the grounds. Dr. Karayilan stated that unfortunately substances are available on the unit and some of the positive UDS screens were during a time that Mr. Pasha was on the unit. The treatment team staff did observe changes in Mr. Pasha’s mental status in that he displayed noticeable symptoms of psychosis at times when there were positive drug screens. As an example, Dr. Karayilan stated that when Mr. Pasha tested positive on October 15, 2025, he displayed religious grandiosity, wanted to be referred to as “Gabriel”, and told staff that he had been speaking to God. Dr. Karayilan said that prior to resuming the limited indirectly supervised passes to the hospital and grounds two weeks ago, Mr. Pasha’s previous indirectly supervised passes were about six weeks ago. With his current privilege level, Mr. Pasha is tested twice a week and so far all of those tests have been negative. In response to a question from a Board member, Dr. Karayilan stated that the housing in the community living clause should be supervised.
[17]. Dr. Karayilan acknowledged that there may be some benefit to psychological testing to determine the impact if any of the falls which Mr. Pasha’s mother experienced while pregnant and the motor vehicle accident, he was involved in prior to the index defences. In response to a question from another Board member, Dr. Karayilan agreed that gambling disorder should be added to the diagnoses on the Hospital Report. Dr. Karayilan said that one of the reasons for keeping living in the community in the list of privileges is to enable Mr. Pasha to be placed on a list for community accommodation. Dr. Karayilan explained that the reference to creatinine on page 62 of the Hospital Report indicates that Mr. Pasha’s UDS sample was in all likelihood diluted. When asked again about supervised accommodation, Dr. Karayilan reiterated that she understood that requiring supervised accommodation would necessarily narrow the available options for Mr. Pasha.
[18]. In re-examination, Ms. MacDonald asked if the treatment team were still requesting that a community accommodation be supervised, notwithstanding that it reduced the number of possible placements for Mr. Pasha. Dr. Karayilan answered that was the request.
[19]. Neither Ms. MacDonald nor Ms. Boissonneault called evidence at the hearing.
Submissions
[20]. Ms. MacDonald proceeded with her submissions before Mr. Dow or Ms. Boissonneault. She submitted that it had not been a good year for Mr. Pasha. He was not at his baseline. There had been aggressive threatening-type behaviour. Mr. Pasha had consumed substances both while on indirectly supervised passes and while on the unit at the hospital. Ms. MacDonald suggested that the treatment team will need to move forward very cautiously in allowing access to the community by Mr. Pasha. As an example, Ms. MacDonald referred to the Campbell letter which had been sent to the ORB by the hospital in mid-October. In her submission, Ms. MacDonald stated that clause (g) of the current Disposition should be amended to allow only supervised accommodation for Mr. Pasha if he is transitioned to residing in the community.
[21]. Mr. Dow reiterated the position given on behalf of the hospital at the outset of the hearing that there should be no change to the current detention order. Having said that, he acknowledged the position taken by Dr. Karayilan in her evidence at the hearing. Mr. Dow stated that it was not necessary to include that term in the Disposition given the evidence of Dr. Karayilan that that is the only kind of accommodation which would be considered.
[22]. In her submissions Ms. Boissonneault acknowledged that it had been an “up and down” year for Mr. Pasha. She acknowledged that there had been difficulties in the past few weeks with the positive urine drug screens. However, she also asked the Board to consider the gains made by Mr. Pasha as outlined in the Hospital Report. Ms. Boissonneault acknowledged that the hospital would proceed cautiously in reintegrating Mr. Pasha into the community. She submitted that it was not necessary to include supervised in the wording of paragraph (g). Ms. Boissonneault said that the Disposition as presently structured is a motivational factor and gives hope to Mr. Pasha about his return to residing in the community.
Analysis and Disposition
[23]. At the outset of the hearing, the Board was presented with a joint submission with respect to the issue of significant threat. All parties agreed that Mr. Pasha continues to represent a significant threat to the safety of the public. The Board is unanimous in accepting this joint submission as well founded on the evidence both from the Hospital Report and the viva voce evidence of Dr. Karayilan. As set out in the Hospital Report, the most relevant historical factors for Mr. Pasha continue to be his history of violence, substance use, antisocial personality traits, and noncompliance with antipsychotic medication as well as psychiatric supervision. Throughout the past reporting year, Mr. Pasha has demonstrated active symptoms of his major mental disorder. He has limited insight into his illness and his risk and has a variable response to treatment and supervision. During the past reporting year, Mr. Pasha has had a significant number of positive test results from his UDS screens. In the evidence of Dr. Karayilan, some of the test results demonstrate that Mr. Pasha was using substances while on the unit at the hospital. When he uses, staff are able to see positive signs of his psychosis. Under the influence of substances, he becomes grandiose and exhibits religious delusions, agitation, aggression, and violent behaviour. As a result of his ongoing gambling problems, Mr. Pasha also has recurrent interpersonal conflicts with co-patients. The panel is unanimous in adopting the following excerpt from the Hospital Report:
“Absent an ORB Disposition, Mr. Pasha would undoubtedly fall away from psychiatric treatment and supervision and would likely resume using substances such as stimulants. He would deteriorate rapidly and be at high risk of engaging in violent acts with the potential to cause substantive harm to individuals around him in the context of manic episode, paranoia, auditory hallucinations, and disorganization of thought and behavior.”
[24]. At the outset of the hearing Mr. Dow, on behalf of the hospital, submitted that the necessary and appropriate disposition was a continuation of the current detention order without amendment. Ms. Boissonneault supported the hospital recommendation. Ms. MacDonald, on behalf of the Attorney General, ultimately submitted that she supported the recommendation in the Hospital Report save and except for paragraph 2(g) of the disposition which permitted residing in the community in accommodation approved by the person in charge. During her evidence, Dr. Karayilan stated that in her opinion, Mr. Pasha required supervised accommodation in the community. She stated that the treatment team would not consider recommending any lower level of security for Mr. Pasha. Ms. MacDonald adopted the evidence of Dr. Karayilan and submitted that given there was no possibility that Mr. Pasha would be transitioned to the community in anything less than supervised accommodation, then that should be the wording of paragraph 2(g) of the disposition. The Board is unanimous in accepting the submissions of Ms. MacDonald and adopting the evidence of Dr. Karayilan with respect to the type of accommodation to which Mr. Pasha might possibly be transitioned within the upcoming reporting year. The Board finds that there is no “air of reality” to Mr. Pasha being discharged to anything less than supervised accommodation in order to provide an adequate level of oversight and support required to protect the safety of the public. The Board acknowledges that this might seem to represent an additional barrier to Mr. Pasha’s successful transition back into community living. However, given that the evidence which the Board accepts is that this is the level of supervision and support which Mr. Pasha requires, the Board finds that it is both necessary and appropriate in order to protect the safety of the public which is the paramount concern under s. 672.54 of the Criminal Code.
DATED this 29th day of December 2025, at the City of Toronto, in the Region of Toronto.
Mr. G. Beasley Alternate Chairperson
Office of the Registrar Ontario Review Board