Re: Ridwaan Bacchus
ORB File No: 6617
Hearing Held On: Friday, January 10, 2025
Place of Hearing: Centre for Addiction and Mental Health
Pursuant To: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Fraser
Members: Dr. W. Johnston Dr. T. Stirpe Ms. A. La Viola
Parties Appearing:
Accused: Ridwaan Bacchus Counsel: Ms. J. Boissonneault
Person in charge of Hospital: Representative: Ms. L. Senko
Attorney-General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated February 20, 2025)
OVERVIEW
[1]. On September 26, 2014, Ridwaan Bacchus was found not criminally responsible on account of mental disorder on a charge of assault, contrary to the Criminal Code. Mr. Bacchus’ last annual review was on August 11, 2024. The annual review was held together with a hearing to review a seclusion period that had resulted in a restriction of Mr. Bacchus’ liberty interests. Mr. Bacchus is currently subject to a decision and disposition of the Ontario Review Board dated September 11, 2024, detaining him at the Centre for Addiction and Mental Health, permitting him to live in the community, in supervised and approved accommodations by the person in charge. On January 10, 2025, the Board convened at CAMH for a mandatory review of the disposition further to s. 672.81(1) of the Criminal Code. At the time of the hearing Mr. Bacchus was in a Structured Observation and Treatment Unit.
[2]. As a preliminary matter, the Board informed the parties that due to unforeseen and extenuating circumstances, a member of the Board was unable to attend the hearing. The parties were canvassed, and each one agreed that there were no contentions on the main issues, and no objections were raised. The hearing proceeded accordingly, and nothing arose at the hearing to suggest otherwise, nor during the Board’s deliberations.
ISSUES
[3]. The issue before the Board was to determine whether Mr. Bacchus continues to pose a significant threat to the safety of the public, and accordingly, to determine the necessary and appropriate disposition for him consistent with the factors set out in s. 672.54 of the Criminal Code. Mr. Bacchus attended the hearing in person, along with his Counsel, Ms. Boissonneault.
[4]. The Hospital asked the Board to conclude that Mr. Bacchus continues to pose a significant threat to the safety of the public and recommended that the current disposition remain in place with a slight change [condition 2 (e) (f) and (g)] extending the parameters from Toronto to the GTA. Counsel for the Attorney General agreed with the Hospital’s recommendation, as did Counsel Ms. Boissonneault. A joint position was presented for the Board’s consideration.
FINDINGS
[5]. After reviewing the evidence, the Board concluded that Mr. Bacchus continues to represent a significant threat to the safety of the public. His treatment plan includes the appropriate level of monitoring and supervision, which is still necessary at this time. Of note, the treatment team is encouraged to properly address the funding available through Developmental Services Ontario moving forward, as soon as reasonably possible. For the reasons that follow in more detail below, the Board concluded that there be a slight modification to the current disposition, with no other change at this time.
PERSONAL BACKGROUND
[6]. The Hospital Report dated December 31, 2024, was entered as an exhibit at the hearing. The following background information, including the events surrounding the 2013 index offence, has been taken from the Report, summarized here as follows.
[7]. On November 29, 2013, Mr. Bacchus attacked a woman who was talking on the phone outside a residence on Sheppard Avenue in Toronto. He pushed her down, punched her face multiple times, and after leaving her there, he came back and kicked her. His social worker restrained him until police arrived.
[8]. Mr. Bacchus is 31 years old, born in Toronto, and is the only child of his biological parents, who were originally from Guyana. He is unmarried and has no dependents. Mr. Bacchus was diagnosed with a learning disability when he was in the third grade and placed in a special education classroom. He attended a private Muslim school for kindergarten before transitioning to public school, where he remained in smaller class settings throughout high school. In tenth grade, he struggled with anxiety and depression. At that time, he was assessed for Autism Spectrum Disorder, but a later evaluation attributed his difficulties to anxiety and depression. He completed part of the tenth grade but was expelled for fighting and attempts to enroll him in another school were unsuccessful.
[9]. Mr. Bacchus has no employment history. There is no indication of alcohol or drug abuse, and no reporting of psychiatric history in his family.
[10]. A records check of the Canadian Police Information Centre database showed that Mr. Bacchus has a history of assaults before the index offence occurred. Mr. Bacchus showed no history of aggression until age 16 when he began destroying household property, including punching walls and breaking electronics. His aggression escalated toward his mother, involving hitting, pushing, and, on one occasion, breaking her cheekbone. He also struck her with a spoon, threw hot pepper sauce on her, and once smashed her car windshield while she was driving. Fearing for her safety, she would lock herself in her bedroom or closet overnight. His outbursts were often triggered by not getting his way, but no charges were ever filed.
[11]. Mr. Bacchus’ current psychiatric diagnoses are Schizophrenia, Mild Intellectual Disability and Autism Spectrum Disorder. He has been found capable of making decisions about his medical treatment, and he is capable of managing his finances independently. He receives financial assistance from the Ontario Disability Support Program.
PSYCHIATRIC BACKGROUND
[12]. The psychiatric background information is contained in the Hospital Report, and it is extensive. Mr. Bacchus' documented mental health difficulties appear to have surfaced in 2009, when he was 15 years old, characterized as longstanding aggressive behavioural issues, anxiety, and difficulties with his mood. Psychiatric assessments while he was in correctional facilities are also documented, along with admissions to various hospitals in Ontario up to the index offence in 2013, which are also notable. Some of the information after the finding of ‘not criminally responsible’ is summarized here for ease of reference.
[13]. Initially, Mr. Bacchus was admitted to Ontario Shores Centre for Mental Health Sciences in June 2014, to assess his criminal responsibility. Sometime afterwards, he was admitted to CAMH. However, in 2018, Mr. Bacchus was transferred to Waypoint Centre for Mental Health Care by way of the Board’s decision. In 2020, he was transferred back to CAMH.
[14]. Over the last several years, the Hospital Report indicates that Mr. Bacchus engaged in many incidents of violence and verbal aggression, often requiring intervention and periods in locked seclusion. His behaviour is described as displaying physical aggression, such as punching, kicking, scratching, spitting, or choking others (or attempting to) combined with verbal threats towards staff, with demonstrated violent environmental aggression. Eventually, he was transferred to a general forensic unit in 2023 but was moved back to the Structured Observation and Treatment Unit in 2024, under the care of a new treatment team, due to escalating behavioural issues.
EVIDENCE AT THE HEARING
[15]. Mr. Bacchus’ attending psychiatrist is Dr. A. Ali, having taken over his care approximately three months prior, and she gave evidence at the hearing. As a preliminary matter, she pointed to some corrections in the Hospital Report1.
[16]. Mr. Bacchus is currently on the waitlist for a general unit, which would be a suitable placement for him given his diagnosis because the unit designated for his transfer typically accommodates individuals with concurrent disorders such as intellectual disabilities, or autism spectrum disorders. Over the past few months, Mr. Bacchus has been progressing well within his current unit, and in the last two weeks, he has shown increased participation, improved hygiene, and the appropriate use of his passes while awaiting his transfer.
[17]. After further inquiries, Dr. Ali stated that the timing of when a bed in the general unit will be available is uncertain. Mr. Bacchus is not on a waitlist for a specific general unit, which may cause some delays due to restrictions. In the meantime, he remains on a small unit with nine patients from different populations, including individuals from correctional facilities, and civil patients under the Mental Health Act. Although the environment in such units can be challenging, there are benefits, including higher staffing levels, which offer more one-on-one interaction, and this setting has been helpful in managing Mr. Bacchus to some extent.
[18]. Mr. Bacchus has been compliant with his prescribed medication, which is effectively controlling the symptoms of his Schizophrenia. Additionally, he has been cooperating with the blood work required for his medication. He is also working with a behavioural therapist multiple times a week, receiving counselling that includes elements that address interpersonal relationships and thinking skills. Over the past few months, he has shown some improvement, particularly in reducing inappropriate behaviours. Regarding future services, Mr. Bacchus is still in the process of being assigned a social worker, and the treatment team is working on housing applications and other supports through Developmental Services Ontario.
SUBMISSIONS
[19]. The Hospital submitted that Mr. Bacchus has shown significant improvement since September, particularly following a challenging summer. He is motivated and eager to transition back to a general unit, as he finds his current environment at the Special Observation Treatment Unit, quite stressful. Counsel for the Attorney General agreed and added that the progress is encouraging, and it appears that community housing may be a viable option in the upcoming months or year, which balances public safety with Mr. Bacchus’s mental state, rehabilitation, reintegration, and other needs.
[20]. Counsel Ms. Boissonneault stressed the concerns raised surrounding the lack of follow up regarding Mr. Bacchus’ eligibility for Developmental Services Ontario funding since 2022. Ms. Boissonneault submitted that this has been a recurring concern, over several years, and the lack of action is troubling. Even though there have been changes in his treatment team, there has been no progress in securing necessary services, such as passport funding and future housing options.
ANALYSIS AND CONCLUSION
(a) Significant Threat
[21]. Where there is a risk of serious physical or psychological harm to members of the public resulting from conduct that is criminal in nature but not necessarily violent, the Board must find that the threshold for ‘significant threat’ has been met. The issue of whether Mr. Bacchus continues to pose a significant threat to the safety of the public was not contested at the hearing, however, we have considered the issue, and we have made an independent finding.
[22]. Several factors convince us that the threshold for ‘significant threat’ has been met. His complex psychiatric profile involves a combination of factors, including a history of violent behaviours, a severe mental disorder, intellectual disabilities, an autism spectrum (at times appearing as antisocial personality traits), and his primary diagnosis of Schizophrenia, which has only recently been addressed with the consistent administration of Clozapine, currently underway.
[23]. A recent risk assessment remains in line with his past risk assessments, with very little change. Mr. Bacchus continues to exhibit very little insight into his mental illness, and he continues to display serious behavioural problems. His limited awareness of his mental health needs, his history of violence towards others, further supports this finding. Notably, while Mr. Bacchus' symptoms of Schizophrenia have shown some improvement, this progress is largely attributed to the administration of Clozapine. This is commendable and speaks to his willingness to adhere to a treatment regimen that requires consistent supervision, blood testing and monitoring. This must be equally balanced, and noted that with consistent administration and medication adherence, structured supervision, and appropriate support – without which, the likely result would be the return of severe psychotic symptoms. Continued treatment and oversight remains essential in managing Mr. Bacchus’ condition to mitigate his current level of threat to public safety.
(b) Necessary and Appropriate
[24]. The plan of care in place for Mr. Bacchus is still in progress and requires additional measures to address Mr. Bacchus’ current mental state, to achieve some level of progress in his recovery process. Given all the circumstances, we find that Mr. Bacchus cannot be managed without the current level of assistance and supervision. He needs structured oversight to achieve some stability, and to prevent a relapse in his recovery process. Notwithstanding the efforts that have been made in the past, he continues to struggle with stress management, coping mechanisms, and engagement with his treatment team. There is still a high probability that he will become violent again, especially at this point in his recovery process, mainly surrounding his specific needs, if they remain unaddressed or overlooked. Moreso, Mr. Bacchus’ history of aggression, together with current challenges with treatment engagement, reveals the necessity of ongoing structured intervention. Without the appropriate support, he remains vulnerable, which would most certainly lead to a relapse in his recovery process. These challenges emphasize the need for structured oversight to ensure his sustained stability and prevent any future harm to others.
[25]. Of note, we highlight the submissions made by Counsel Ms. Boissonneault, which essentially underscored the ongoing failure to follow up on services available to Mr. Bacchus. His eligibility for additional funding has been available since 2022. The lack of progress in securing essential services, such as passport funding, which would allow Mr. Bacchus access to support measures assisting in, and developing his rehabilitation and reintegration plan further, remains troubling, and the treatment team is encouraged to ensure this is properly addressed moving forward, as soon as practicably possible.
[26]. Based on all the above reasons, we conclude that a Detention Order remains the necessary and appropriate outcome for Mr. Bacchus, while working towards a successful recovery process under the supervision and authority of the Ontario Review Board, in accordance with his current disposition, with the suggested extended parameters, with no other change at this time.
DATED this 20th day of February, 2025 at the City of Toronto, in the Toronto Region.
Ms. A. La Viola
Legal Member
__________________
Office of the Registrar
Ontario Review Board
Footnotes
- On the first page under "Diagnosis," "Antisocial Personality Disorder" should not be listed and should be replaced with "Autism Spectrum Disorder." Additionally, on page 77, "Autism Spectrum Disorder" is correctly listed, but "Antisocial Personality Disorder" should not appear. Furthermore, the last page reference does not correspond to page 77.