Ontario Review Board
Re: Mohammad D. Wali
ORB File No: 8372
Hearing held on: Friday, October 24, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(2) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. S. Lessard
Dr. G. Boulais
Mr. P. Hageraats
Mr. R. Rainboth
Parties Appearing:
Accused: Mohammad D. Wali
Counsel: Ms. K. Irwin
Person in charge of hospital: Representative: Dr. F. Wood Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated December 18, 2025)
Introduction
On August 16, 2023, the accused, Mohammad D. Wali, was found not criminally responsible on account of mental disorder on a charge of assault, contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. Wali is currently subject to a disposition of the Ontario Review Board dated March 3rd, 2025, which detains him at the secure forensic unit of the hospital with privileges up to and including living in the community in accommodation approved by the person in charge.
On October 24th, 2025, the Ontario Review Board convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct Mr. Wali’s annual review hearing pursuant to section 672.81(1) of the Criminal Code. Mr. Wali attended his hearing and was represented by his counsel, Ms. Kate Irwin. A hospital report dated October 17th, 2025, was entered as Exhibit No. 1.
The issues for this hearing were whether Mr. Wali represents a significant threat to the safety of the public, and, if so, what is the necessary and appropriate disposition to manage the risk.
Without prejudice Position of the Parties
Dr. Wood advised that this is an early hearing request seeking to expand the scope of Mr. Wali’s travel passes so that he can attend a family wedding planned for November of 2025 in Montreal. Ms. Irwin advised that she supported the hospital recommendation. Ms. Dufort advised that she would have questions regarding how random drug testing will be handled when Mr. Wali returns from Montreal and how he will travel there.
After a discussion between the parties and the panel, the following travel pass terms were arrived at and recommended by Dr. Wood and the hearing proceeded by way of a joint position:
Travel passes for up to 7 days with an itinerary pre-approved by the person in charge, or his/her delegate, in the provinces of ON and QC, within a 500 km radius of the City of Ottawa, accompanied by an approved person.
Travel passes for up to 7 days with an itinerary pre-approved by the person in charge, or his/her delegate, in the provinces of ON and QC, within a 500 km radius of the City of Ottawa, indirectly supervised.
Current Diagnoses
• Schizophrenia
• Crack-Cocaine Use Disorder, recent use, in early remission
• Amphetamine-Type Use Disorder (crystal meth), in sustained remission
• Unspecified Trauma- and Stressor-Related Disorder
• Attention-Deficit Hyperactivity Disorder Index Offences
Background and Index Offences
Mr. Wali is now 53 years of age. He was arrested in June 2023 and held at the Ottawa-Carleton Detention Centre. He had previously been homeless for three years, living mainly at the Shepherds of Good Hope shelter. He is single with no children and wasn't receiving any form of government assistance at the time.
Mr. Wali was born in Afghanistan. His mother was healthy during her pregnancy, and he was a healthy child. He has four older sisters and three older brothers. The family was reportedly powerful, wealthy and lived in a large house. His father was a "Deputy Mayor," and two uncles were Governors. Both of Mr. Wali's parents are now deceased. He hasn't contacted his siblings for over a decade.
Mr. Wali states he was abused when he was very young. As he felt ashamed, he never told his family. He attended German and American private schools. He remembers the war in Afghanistan from 1980 onward when Russia invaded. He says he was tortured for information about his brother. At age 15, he and his mother left Afghanistan, traveling through Pakistan.
The family spent a lot of money to help Mr. Wali come to Canada. He initially lived with a friend in Toronto. He completed high school and did well academically.
Mr. Wali worked various jobs: retail, building superintendent, forklift operator, and construction. He eventually had his own business. While his family was in Pakistan, he reportedly sent them three to four thousand dollars monthly.
Mr. Wali met an Afghan woman in Pakistan. He supported her financially for two years, married her and sponsored her move to Canada. When she arrived in 2010, she disappeared before he could even meet her in Montreal. He felt used, stopped trusting people, struggled at work, and never felt the same.
Mr. Wali has a long criminal record, but without any charges involving threats, weapons, or violence. All charges relate to minor thefts contained within three periods: 1991-2001, 2014-2019, and two incidents in August 2022. There were some 18 court appearances with few subsequent jail sentences, none of which exceeded 30 days.
Mr. Wali drank alcohol daily for several months in 2012. He tried marijuana only once because he believed it "clings onto your spinal cord and shuts down your memory." He tried speed (amphetamines), but it made him jittery. He regularly smoked crack cocaine because he said it helped his "OCD," though it made him forget things. He tried mescaline, acid, and hash in his 20s. Around 2011, he tried heroin.
He restarted smoking crack cocaine in 2019. His use was constant—"off the charts, all the time.". He also used crystal meth regularly in 2022. He last use of crack cocaine occurred in the late spring 2023.
Mr. Wali’s reported psychiatric history begins In May 2014, when he visited the Emergency department at St. Michael's Hospital in Toronto. Details are unclear, including earlier clinic visits in June and December 2013. From 2013 to 2019, he took medications for depression and anxiety.
In July 2023, ROMHC psychiatrists Dr. Wood and Dr. Hwang met with Mr. Wali at the Ottawa-Carleton Detention Centre following the commission of the index offence. They both opined that he suffered from a Psychotic Disorder related to Schizophrenia. He was prescribed an antipsychotic which proved beneficial.
Dr. Zeynab Selaman subsequently prepared the court ordered NCR assessment. She diagnosed Mr. Wali with Stimulant Use Disorder (crack cocaine and crystal meth), in early remission within a controlled setting. Dr. Selaman noted his long pattern of drug use that precipitated social and economic difficulties. Despite these concerns, Mr. Wali continued to relate benefits attributable to the use of crack cocaine and crystal methamphetamines.
The circumstances of the index offences are reproduced from the Reasons for Disposition dated April 9th, 2025:
On June 17, 2023, in the early evening, the victim, Ms. D, was walking on the east side of Elgin Street, heading north towards the National Arts Centre. Mr. Wali was walking south in Elgin Street, on the opposite sidewalk. He yelled out, “you killed my man, you killed Jesus.” Mr. Wali then crossed the street. He ran toward Ms. D, hitting her with all his strength, on her back.
Ms. D tripped and fell over another man in front of her. She reported that Mr. Wali jumped behind her and landed with a strike on her back. She was wearing a short white dress. Mr. Wali’s hand left a stain on the back of the dress.
Ms. D ran away and took refuge in the National Arts Centre. Mr. Wali chased her. Once she was safe inside the NAC, Mr. Wali stood outside, staring at her.
Mr. Wali was a stranger to the victim of the offence.
The police report indicates that before the attack, Mr. Wali had been yelling at other passersby.
A short time later, police officers located Mr. Wali nearby. When he saw them approach, he began to walk in the opposite direction. He eventually stopped when they directed him to do so. Upon arrest, the police found numerous crack pipes on his person. Initially, he refused to identify himself. Later he provided his name.
When asked if he understood his rights to counsel, he said, ‘I’m on general, you bitch.’ When asked if he wanted to call a lawyer, he said, ‘In another country, you’re too stupid’. Mr. Wali appeared to be speaking to himself at times.
A month earlier, on May 9, 2023, police officers had an encounter with Mr. Wali on the grounds of Ottawa City Hall, close to Elgin Street. Witnesses reported a man on the front lawn, holding a large kitchen knife. The man appeared to be distressed. He had not acted aggressively but was seen waving the knife. The police officer approached Mr. Wali, who slowly handed over the knife. A second smaller paring
knife was found in his pocket, along with multiple used crack pipes. He was charged with breach of probation.
At the time of the index offence, Mr. Wali was bound by a probation order dated August 2, 2022, resulting from previous findings of guilt on charges of theft, mischief, and breach of undertaking. Throughout 2022, Mr. Wali failed to report to his probation officer.
Evidence at hearing
The Board admitted into evidence the Hospital Report dated October 17th, 2025, as Exhibit 1. That document provides a great deal of information concerning Mr. Wali’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequence to the index offences.
In addition to the documentary evidence the Board also heard from Dr. Wood. He testified that the Hospital would want to approve Mr. Wali’s travel itinerary, as well as where he will stay with a family member in Montreal from November 13 to 18, 2025. Attendance at the upcoming wedding does not pose a risk of missing an injection as the date of the wedding is midway between the date of Mr. Wali’s monthly scheduled injection dates.
Mr. Wali’s family are heavily opposed to the use of substances and the wedding venue will be “dry.” Mr. Wali has not disclosed his prior substance use to his Montreal relatives.
As noted at page 29 of the Hospital Report:
Mr. Wali has been able to connect to numerous family members since the last ORB [emphasis added], including his sister and other extended family members in Montreal. He has had multiple family members visit him in Ottawa from Montreal, which he described as positive. He was initially concerned about his family rejecting him due to his mental health and history of homelessness, but they eventually came around and have been understanding of this. He has not disclosed to them his history of substance use, which he felt would be a major stigma within the family while also causing them to worry about him, but he has been confident about his sobriety.
One of Mr. Wali’s nieces in Montreal has a wedding date on November 15, 2025, in Montreal, which would be attended by family members from the Netherlands and Germany. He acknowledged that there has been some concern expressed by select family members, where his brother in Toronto was concerned about potential tension or conflict with two sisters of Mr. Wali’s ex-wife attending the wedding. Mr. Wali was still comfortable attending, feeling the past issues were not a current challenge, and that he was comfortable with the dynamic since he ended the marriage. His sister has also been quite insistent that he attend, where her sons also preferred that he was present. He hopes to attend from November 13 to 18, 2025.
Mr. Wali has demonstrated strong coping strategies. The diagnosis of ADHD has been made and the stimulant Vyvanse prescribed to address its symptoms.
Responding to questions from the panel, Dr. Wood confirmed that his patient’s last use of cocaine occurred on February 4th, 2025.
Closing Observations
- Dr. Wood and Ms. Dufort indicated they had nothing to add. Ms. Irwin advised that she remained in agreement with the recommended changes to the travel passes and confirmed the understanding that there is no requirement that Mr. Wali satisfy the first added travel condition to cascade to the second.
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 a criminal offence.
In determining whether Mr. Wali 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.
As noted under the Without Prejudice Position of the Parties heading of these Reasons this early hearing was called solely to enable Mr. Wali to attend a family wedding in Montreal, planned for November 2025 and the issue of significant threat to public safety was not contested.
Nevertheless, The Board unanimously finds that Mr. Wali 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 and accepted the uncontroverted evidence of Dr. Wood that Mr. Wali continues to pose a significant threat. The Board also relies on the Hospital Report and the evidence that Mr. Wali suffers from a major mental illness which requires continued management and oversight to address his risk to public safety.
(b) Necessary and Appropriate
Flowing from the Board’s finding that Mr. Wali continues to pose a significant threat to the safety of the public it must shape a Disposition that addresses the appropriateness of proposed travel conditions which would enable Mr. Wali to attend his nieces wedding in Montreal, planned for November 2025.
Given the joint position of the parties regarding the proposed travel passes and subsequent to its own independent analysis the panel agrees that these changes are necessary and appropriate. Ms. Dufort’s concern vis-à-vis how random drug testing will be handled when Mr. Wali returns from Montreal and how he will travel there were addressed during Dr. Wood’s testimony. Mr. Wali’s travel itinerary, as well as where he will stay with a family member in Montreal from November 13 to 18, 2025, must be pre-approved by the Hospital. The timing of the wedding falls midway between Mr. Wali’s scheduled injection dates. Notably, the wedding venue will be alcohol free and his family with whom he will be surrounded, are opposed to the use of substances.
The panel shares Dr. Wood’s perspective that attendance at this family wedding is an important step in Mr. Wali’s re-establishment of family ties. It also represents an important stepping stone towards the re-establishment of wider community supports which will buttress his rehabilitation and societal reintegration. With time, as part of his recovery, he may gain the self-assurance to share his history of substance abuse with those he trusts.
Its paramount consideration in doing so must be the safety of the public while also considering Mr. Wali’s needs pursuant to s. 672.54 of the Criminal Code. Therefore, the Board unanimously determines that the necessary and appropriate disposition required to manage the threat Mr. Wali poses to the safety of the public while still meeting his needs remains a detention disposition with terms and conditions as set out in his March 3rd, 2025, Detention Disposition while adding the two travel pass provisions jointly recommended at this hearing.
Conclusion
- In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Wood 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. Wali’s mental condition and his reintegration into society and other needs.
DATED this 18th day of December 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle
Alternate Chairperson
Office of the Registrar Ontario Review Board