Re: Abimael Kibundi, 2025 CanLII 144720

Re: Abimael Kibundi

File No: 8820

Hearing held on: Friday, October 24, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.47(1) of the Criminal Code of Canada

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. G. Boulais Dr. S. Lessard Mr. P. Hageraats Mr. R. Rainboth

Parties Appearing:

Accused: Abimael Kibundi Counsel: Ms. M. McMahon

Person in charge of hospital: Representative: Dr. A. Alabi

Attorney-General of Ontario: Counsel: Ms. M. Dufort

(Dated December 9, 2025)

Introduction

On June 20, 2025, Mr. Abimael Kibundi appeared in Court at Ottawa, Ontario, on charges of criminal harassment and disturbing a place of worship, offences contrary to the Criminal Code of Canada.
As will be explained in these Reasons, Mr. Kibundi had earlier been the subject of a separate Criminal Court proceeding in Gatineau, Quebec. The Quebec case dealt with a similar offence.
On June 20, 2025, the Ontario Court received expert psychiatric evidence establishing that Mr. Kibundi was suffering from a severe mental disorder when he committed the offences. Based on that evidence, Mr. Kibundi was found not criminally responsible on account of mental disorder (“NCR”).
Rather than render a disposition, the Court required Mr. Kibundi to appear before the Ontario Review Board (“ORB” or “the Board”) for the Board to render a disposition. On October 24, 2025, Mr. Kibundi appeared before a Board panel at the Royal Ottawa Mental Health Centre (“ROMHC” or “the hospital”). He was represented by Ms. Meaghan McMahon. An Order was made appointing her as counsel.
Mr. Kibundi’s family members attended the hearing: his father, grandmother, and a sister. The hospital social worker, Mr. Jean-Michel Frechette, was present.
At the hearing, the Board received direct testimony from Dr. Adedayo Alabi, Forensic Psychiatrist with the ROMHC. The following documents were filed in evidence:
Court Information, dated April 17, 2024
Ottawa Police Service, Charge Sheet
Release Order, dated May 6, 2024
Criminal Record Inquiry
Court Order for Assessment, dated March 12, 2025
Assessment Report to the Court on Criminal Responsibility, dated May 11, 2025
Hospital Report to the ORB, dated October 1, 2025
Motifs au Soutien de la Décision: (Reasons for Decision), Tribunal Administratif du Québec, dated August 1, 2025
The issues to be considered by the Board are whether Mr. Kibundi represents a significant threat to the safety of the public, and, if so, to determine the necessary and appropriate disposition.

Positions of the Parties

Counsel for the Attorney-General Ms. Dufort, supported the hospital recommendation that a significant threat does exist and that to manage the risk, a detention order is needed.
On behalf of Mr. Kibundi, Ms. McMahon advised that the risk in this case is not significant, so that Mr. Kibundi is entitled to an absolute discharge.
For the reasons set out below, the Board decided that the issue of significant threat was established. Mr. Kibundi was discharged, subject to conditions.

Psychiatric Diagnoses, Hospital Report dated May 11, 2025, p. 21

Main diagnoses

Schizoaffective Disorder—Bipolar Type, First Episode, currently in partial Remission

Contributory diagnoses

Nil

Contributory personality features

Nil

Contributory psychosocial stressors

Recent move away from family home (February 2024) Death of mother (2021)

The initial hospital report sets out that, based on history and collateral information, the diagnosis is most in keeping with Schizoaffective Disorder – p. 23. When assessed for criminal responsibility on April 17, 2025, Mr. Kibundi demonstrated moderate cognitive impairment. Test results were said to represent cognitive deficits due to a primary psychotic disorder. The assessing psychiatrist commented: “It is difficult to rule out the possibility of some residual psychotic symptoms.”

Index Offence

The circumstances are described in police documents and in the hospital report. In summary:

The victim of the criminal harassment offence, Ms. K.K., and Mr. Kibundi had been in a dating relationship before the events of April 2024. By then, they had not been seeing each other for two years.

On April 2, 2024, Mr. Kibundi attended her home. He left a stuffed animal and love letter at her door.

On April 3, 2024, Mr. Kibundi came to her church on McArthur Avenue in Ottawa. During the church service, he created a disturbance. Interrupting the proceeding, he went up to the front and knocked over a lectern. When it fell, the pastor had his fingers scraped while trying to prevent the lectern from going over. Church members came forward to remove Mr. Kibundi. The police were called. Before they arrived, Mr. Kibundi got away.

Mr. Kibundi was suspected of harassing other members of the church. They believe he used a fake Instagram account to brag about his actions there. Bizarre messages, including references to Hades, were posted. The postings also included bizarre claims about being a gang leader, claiming he would “send real gangster shoot bullets to their heads”.

On April 15, 2024, Mr. Kibundi again attended K.K.’s residence. He left chocolate muffins and two handwritten notes at her door.

On April 16, 2024, Mr. Kibundi posted on TikTok wishing K.K. a good morning. He went to her building and repeatedly rang her buzzer. She refused him entry. However, Mr. Kibundi found a way to enter the building and was able to knock on her door. K.K. called the police, who then called Mr. Kibundi to have him refrain from further contact with the victim.

When the police arrested Mr. Kibundi, he shouted that K.K. was his wife, and not his ex-girlfriend. Interviewed by the police, he said he knew the victim was still in love with him based on social media posts he claimed she was making.

Further details of Mr. Kibundi’s bizarre statements are seen in the report.

Personal Background

Mr. Kibundi is 22. He resides in Gatineau, Quebec with his family. Tragically, Mr. Kibundi’s mother passed away in 2021 when he was about 18. Mr. Kibundi has two sisters who are 23 and 16. The family continues to provide valuable support to Mr. Kibundi, as they had been doing for some time before April 2024.
Mr. Kibundi was born in the Democratic Republic of the Congo (DRC). At age six, he and his family moved to Canada. Since then, they have always lived in the Ottawa-Gatineau area.
Mr. Kibundi’s father completed a law degree at University in the DRC. Mr. Kibundi has been teaching business administration for many years here in Canada at Boreal College.
Mr. Abimael Kibundi describes having a good relationship with his father. However, during a psychotic episode, he came to falsely believe that his father had physically assaulted his mother. His belief was not reality-based.
Mr. Kibundi’s late mother was born in the DRC. She studied economics at university. Once in Canada, she worked as a janitor. Mr. Kibundi reported that while growing up, his mother was his best friend. They were very close and would spend time together cooking and watching movies. Mr. Kibundi was distraught with her passing in 2021. It took him several weeks to recover from the loss.
Mr. Kibundi’s relationship with the victim, Ms. K.K., began when he was 20 and she was 21. They broke up after two months. There are no reports of any form of abuse in the relationship.
Mr. Kibundi keeps up contact with several male young adult friends. He has cousins living in the Ottawa area who he sees occasionally.
After completing high school, Mr. Kibundi studied security management at Collège La Cité in Ottawa. He had grades in the 80s. Until February 2024, he had no major academic issues.
Mr. Kibundi has worked for two different security agencies. At one point, he held a position with Canada Correctional Services on a three-month contract.
Mr. Kibundi practices his Christian faith and finds it to be a strong support. During his psychotic episode, Mr. Kibundi had thoughts of being involved with other religions. Those ideas did not remain after the episode of acute illness. They are not representative of his baseline beliefs.
When the index offence arose, Mr. Kibundi had been living alone in his Ottawa apartment for only two months, starting in February 2024. This was the only time he had lived independently.
Following his arrest on the index offence, the Court Release Order, dated May 6, 2024, required that he reside at the family home in Gatineau, Quebec with the named surety, his father.

Substance Use History

There is no history of inappropriate use of alcohol or other substances.

Other Court Involvement: Le Tribunal Administratif du Québec, Gatineau, Quebec

Item 8, listed above

Mr. Kibundi committed a similar offence in the province of Quebec. It involved a different victim. On February 27, 2025, the Quebec court judged him to be Not Criminally Responsible. He was referred to the Tribunal Administratif du Québec (TAQ), for the TAQ to render a disposition.
On June 19, 2025, Mr. Kibundi appeared before the TAQ in Gatineau. With written reasons provided on August 1, 2025, the TAQ granted Mr. Kibundi an absolute discharge.
Apart from these two NCR Court findings, first in Quebec - on February 27, 2025 – and later, in Ontario – on June 20, 2025 - Mr. Kibundi has had no other criminal court involvement.
The circumstances of the Quebec index offence are described in the TAQ’s Motifs (Reasons for Disposition), dated August 1, 2025:

Between May 1, 2023, and February 12, 2024, Mr. Kibundi was found to have criminally harassed a different female acquaintance, Ms. G. K. She and Mr. Kibundi had been attending the same church. There was no other relationship between them.
In May 2023, they exchanged text messages and a phone call about a planned church activity. In June, he went to a restaurant, intending to join her after he discovered on Instagram where she was going. At the restaurant, Ms. K. refused to meet him. Upon her refusal to eat with him, he stood waiting outside the restaurant. This worried her. She felt harassed by the degree of attention he was directing toward her.
That same summer, Ms. K. heard from a friend that Mr. Kibundi was in love with her, that he was going to win her and that she would become his wife. She blocked his phone number.
Mr. Kibundi sent her emails. When Ms. K. wrote to have him stop, he kept it up.
In December 2023, the police told Mr. Kibundi to stop harassing Ms. K.
In January and February of 2024, he continued the same behavior, using different phone numbers and social media accounts. He followed her into a parking lot several times, wanting to approach her and to tell her he was in love with her. Ms. K. was worried and felt harassed by the degree of his obsession.
When the Quebec Court found Mr. Kibundi not responsible under Section 16 of the Criminal Code, he was referred to the TAQ. Release conditions required him to stay away from the victim and to not attend her church.
The TAQ noted - at para. 23 - that Mr. Kibundi was first hospitalized for a psychiatric condition between April 17 and May 1, 2024. His father had brought him into emergency care, with police involvement, to seek a psychiatric evaluation. Mr. Kibundi was showing signs of increasing disorganization. Grandiose and persecutory delusions were observed – TAQ Reasons, para. 23.
The TAQ’s Reasons further document that Mr. Kibundi’s symptoms had been developing for several months, probably for a year.
The TAQ decision recorded that Mr. Kibundi was later referred to a First Psychotic Episode Clinic and that he was being followed by a psychiatrist – ‘avec un suivi pluridisciplinaire (with multidisciplinary follow-up) - emphasis added.
The TAQ had received Dr. Gouin’s report, dated April 10, 2025. Dr. Gouin confirmed that Mr. Kibundi was being treated with antipsychotic injectable medication. Both Mr. Kibundi and the father told Dr. Gouin that psychiatric treatment made his delusions disappear.
Mr. Kibundi told Dr. Gouin he wanted to continue with medication, while recognizing that Invega was bringing on some fatigue. Mr. Kibundi further advised the psychiatrist, he would stay on medication, regardless of whatever disposition the TAQ might choose.
Dr. Gouin reported that Mr. Kibundi absolutely wanted to leave the victim in peace and that he would make no efforts to contact her. Dr. Gouin noted how the patient was showing good insight into his earlier symptoms and current condition.
The TAQ noted that Mr. Kibundi was engaging in ongoing follow-up treatment with the multi-disciplinary team in Ottawa, which he intended to continue - emphasis added.
Mr. Kibundi’s family members were described as having no concerns about Mr. Kibundi’s mental illness while having a good understanding of his condition.
In final conclusions, the TAQ wrote that Mr. Kibundi had remained stable up to the date of their hearing, held on June 19, 2025. There were no psychotic symptoms with no display of any aggression. He accepted his illness and its consequences, along with the importance of treatment. He was described as aware of early signs of his illness and knew how to seek out help when required by his mental condition. He was collaborating with treatment, including compliance with medication, and was prepared to continue doing so.

The TAQ was aware that Mr. Kibundi was alleged to have committed similar acts in Ontario - para. 31. That said, from the record we have received, it is not clear what facts about the Ontario index offence were provided to or being considered by either Dr. Gouin or the TAQ.
In the TAQ’s final comments, summarizing Dr. Gouin’s evidence received on June 19, 2025, the following passage appears at para. 40:

Advenant un verdict de libération inconditionelle, aucun suivi psychiatrique ne serait necessaire.

(Translation:

‘In the event of an absolute discharge, no psychiatric follow-up will be necessary’.)

The Ontario Psychiatric History

In the years prior to the index offence, going back to when he was 19, Mr. Kibundi had already experienced paranoid thoughts – NCR report, p. 10.
Mr. Kibundi’s father first brought him to the Montfort Hospital in April 2024. He was admitted under a Mental Health Act Form 2. Details of Mr. Kibundi’s extensive delusions are set out at p. 8 of the NCR report. A urine drug screen performed in the emergency room was negative for any substances.
At the Montfort, when initially discussing treatment, Mr. Kibundi did not believe he was experiencing psychotic symptoms. After rejecting any form of treatment, he was found incapable for medical decisions around psychosis. His father became the substitute decision-maker. Treatment with antipsychotic medications began with Abilify, in oral and injectable forms. Over time, Mr. Kibundi’s psychotic symptoms resolved.
Mr. Kibundi’s symptoms responded well to treatment with Abilify and resolved completely. Due to side effects of restlessness, the medication was changed to Invega. Mr. Kibundi experienced weight gain of about 30kg during the seven months that he was on medication.
Following discharge from the Montfort Hospital on May 13, 2024, Mr. Kibundi attended follow-up appointments with his father present. He had regained his ability to make
A year later, on April 17, 2025, he was seen at the ROMHC for the NCR assessment. Mr. Kibundi did not recall having tried Olanzapine, though this was shown on his prescribing record from October 2, 2024, with the last dispensed date of January 20, 2025.
On April 17, 2025, Mr. Kibundi reported that his hospitalization at the Montfort in the spring of 2024 was an overall therapeutic experience. He recalled having experienced multiple symptoms, including multiple delusional beliefs (e.g. being invincible, that his father was not his biological father, and that he was fighting against demonic forces.)
Mr. Kibundi also reported having had suicidal thoughts for several months following his April 2024 admission to the Montfort, when processing his initial diagnosis of Schizophreniform Disorder.
Later, on October 3, 2024 - and several months after being discharged from the Montfort on May 13, 2024 - Mr. Kibundi started to be followed as an outpatient at the Ottawa Hospital (“TOH”).
On February 13, 2025, Mr. Kibundi came to the emergency room. Over the several preceding months, he had developed a serious subcutaneous abdominal mass of unclear etiology. On March 31, 2025, the mass was successfully excised. Mr. Kibundi healed well from the surgery. Pathology analysis of the tissue sample has yet to be reported.

Course following the June 2025 NCR Verdict

On September 23, 2025, Mr. Kibundi was seen at the ROMHC for a Court-ordered risk assessment.
Mr. Kibundi continues to reside with his father and family in Gatineau. In September 2025, he began employment as a security guard at two locations in Ottawa. One is in Nepean, where he works 12-hour daytime shifts on Saturday and Sunday. The other is at La Cité Collégiale, where he has 11-hour daytime shifts.
Family members report no imminent concerns. They confirm their ongoing support for Mr. Kibundi and for continued treatment of his mental disorder. The sister reports no signs of relapse since treatment with medication was re-started. There was some weight gain, but it appears to have stabilized.
Mr. Kibundi is being followed by ‘Dr. Oleg’, a psychiatrist at the TOH On Track First Episode Psychosis Program. The monthly injectable medication was recently switched from Invega Sustenna to Invega Trinza. This is now administered every three months. Mr. Kibundi has explained how he asked for the switch so he could attend for injections less frequently, due to work commitments. He reports no side effects.
Mr. Kibundi has had only some initial meetings with the ROMHC treatment team, including their social worker and a staff nurse. He met with the vocational counsellor to assist with finding a job, but had already achieved this on his own, a month earlier.
On October 9, 2025, Mr. Kibundi had a scheduled pre-ORB meeting at the hospital. Mr. Kibundi failed to attend with Dr. Alabi and the staff nurse. Mr. Kibundi had been receiving emails and seemed to be aware of the meeting. However, for some reason, he felt it was unimportant and decided not to attend.
Mr. Kibundi has told Dr. Alabi that the Invega Trinza medication is for his psychosis and that he is willing to continue with recommended treatment. He told Dr. Alabi he had been informed that, if he were to discontinue the medication, he would suffer a relapse.
The most recent hospital report notes there is no indication that Mr. Kibundi has had any direct or indirect contact or communication with the victim of the index offence. Mr. Kibundi told Dr. Alabi: “It is not good to contact the two victims. It is not something I want to do. I don’t want to scare them.”

Current Violence Risk Assessment

Dr. Alabi made recent use of the HCR-20-v3 structured professional judgment tool. Upon reviewing the three main factors, including historical, clinical (current or recent risk), and future risk management items, Dr. Alabi is of the opinion that Mr. Kibundi presents a mild to moderate risk of future violence.
In considering the clinical risk factors, Dr. Alabi noted as follows:

Mr. Kibundi’s insight into mental disorder and need for treatment was limited when he was unwell, this however has improved since psychosis has been in remission. When psychotic he presented with significant risk to the safety to the public. This has attracted findings of criminal responsibility on account of mental disorder on two occasions. When unwell, there is history of affective, cognitive and behavioral instability. Whilst he has been responsive to treatment, response to supervision continues to be monitored. During the current onboarding process at the Forensic Community Services of Integrated Forensic Program, Royal Ottawa Hospital, there have been times, that Mr. Kibundi did not respond to electronic communications to confirm attendance.

Dr. Alabi noted the following risk management (future) factors:

Managing Mr. Kibundi’s risk would require access to professional mental health services, appropriate living situation and effective personal support. On Track First Episode Psychosis Program at The Ottawa Hospital has been instrumental in providing support for Mr. Kibundi. He lives with family and is supported by his family.

Given Mr. Kibundi was found NCR on two occasions in 2025 (Quebec and Ontario), he would continue to require assertive support from professional services to improve personal support, transition to independent living, maintain vocational endeavors and increase his ability to cope with stress both within services and in the community. Access to professional services would enable him to access psychosocial rehabilitation programs, maintain treatment response and educate him on how various risk factors can be ameliorated to mitigate against further risk of harm to the safety of the public in the future.

Evidence at the Hearing

The Board also received direct testimony from Dr. Adedayo Alabi, Forensic Psychiatrist with the ROMHC. He is the author of the hospital report dated October 1, 2025, and conducted the risk assessment following his meeting with Mr. Kibundi and family members at the hospital on September 23, 2025.
Dr. Alabi conceded that the patient is developing increasing insight. The question however is whether Mr. Kibundi will keep up with treatment in terms of medication compliance, and the other forms of hospital-based treatment which he requires.
Dr. Alabi pointed out that a problem arose for the team when they tried to contact him by email in the recent week. They learned that Mr. Kibundi did receive the email but, not thinking it was important, he ignored it. The team also learned that Mr. Kibundi had changed his phone.
Dr. Alabi believes Mr. Kibundi needs to receive added support provided by the forensic team. He needs education to understand how his illness impacts the situation and the risk he presents to the public. An absolute discharge, according to Dr. Alabi, is premature at this time, though, eventually, it could become available.
Dr. Alabi was aware Mr. Kibundi had received an absolute discharge from the TAQ relating to criminal conduct similar in nature to the index offence we are dealing with. It appeared to Dr. Alabi that Mr. Kibundi may have initially engaged with services here in Ontario, which, Dr. Alabi noted, may be the reason he was granted an absolute discharge in Quebec.
Dr. Alabi responded to questions posed by Ms. Dufort, counsel for the Attorney-General.

Psychiatric care currently being provided in Ontario is with the On-Track Program out of the Ottawa Hospital. Dr. Oleg is the assigned psychiatrist.
Dr. Alabi was of the understanding that, in Quebec, Mr. Kibundi was not being followed by a Quebec psychiatrist, nor had he been admitted to hospital in that province.
At the time of the index offence, Mr. Kibundi’s insight was very limited. It has now improved, firstly regarding the nature of his diagnosis and, secondly, concerning his ongoing need for medication.
Mr. Kibundi has been told he needs medication. Dr. Alabi described him to be a prosocial young man, who goes along with what he is advised. However, over time, it is yet to be seen what Mr. Kibundi understands about the need for treatment.
Dr. Alabi has not been told much about the frequency of contact between Mr. Kibundi and the On Track team at TOH. The On Track Team had apparently last seen him in August, and, before that, in June 2025.
Dr. Alabi does not know whether Mr. Kibundi goes to church. Mr. Kibundi has not told him whether he needs to attend church. Mr. Kibundi did tell Dr. Alabi, he has no desire and no need to contact Ms. K. K., the victim of the Ontario offence. Dr. Alabi is aware this lady is not the same person as the Quebec victim.
Asked what Mr. Kibundi had disclosed about the nature of each offence, Dr. Alabi understood that Mr. Kibundi’s belief at the time was that the Quebec victim was his wife. Regarding the Ontario victim, Mr. Kibundi’s conduct covers the same period. Mr. Kibundi had disclosed to Dr. Alabi that “he was in love” at the time. Mr. Kibundi was able to express some insight to Dr. Alabi about the similarity between the two offences.
Regarding the change of medication to long-acting Trinza, now administered by injection every three months, Dr. Alabi understood that the longer time gap between injections relates to Mr. Kibundi’s wish to better manage his work commitments.
The On-Track Program at TOH made referrals for other services. These include diet and nutrition, psychoeducation, social groups, exercise, and psychosocial programs. Dr. Alabi stated, Mr. Kibundi has not yet begun to participate in the TOH programs. Similar programs are available at the ROMHC - which they wish to present to Mr. Kibundi.
Regarding side effects of medication, Dr. Alabi noted that the initial weight gain prompted a referral to the dietician. It appears that Mr. Kibundi’s weight has stabilized somewhat.
Mr. Kibundi has granted the hospital consent to communicate and share information with his family. The hospital’s intention is to provide care, not just to Mr. Kibundi, but to offer ongoing support to the family, as well.

Dr. Alabi responded to questions posed by Ms. McMahon, counsel for the NCR accused:

From the known facts surrounding the incidents in Quebec and Ontario, it appears that no actual threats of physical harm were uttered by Mr. Kibundi.
Nor are there any allegations that he acted with physical violence to any person, apart from the mild hand injury suffered when a church official tried to prevent the lectern from falling over.
Regarding Mr. Kibundi’s previous psychiatric history, there is a report he was having paranoid thoughts at age 19, about a friend who was hitting on one of his female acquaintances.
In both cases leading to the NCR findings, Mr. Kibundi had been without hospital or any other treatment. Before age 19 in 2022, he had no previous experiences of psychosis.
Following the offences arising in Ottawa in April 2024 when Mr. Kibundi was admitted to the Montfort Hospital, he was treated for the first time in his life. His condition responded quickly and well to medications provided. Since then, symptoms of psychosis have not returned.
Asked about Mr. Kibundi’s improved insight, Dr. Alabi replied that Mr. Kibundi has been told he is at high risk of psychosis without medication. Dr. Alabi made this comment: “All I can say is that insight has improved”.
Dr. Alabi advised that Mr. Kibundi needs to be seen before we can be sure he does not have residual symptoms of psychosis.
Dr. Alabi agreed, Mr. Kibundi’s insight is positive regarding the offences in that Mr. Kibundi will express having no wish at all to contact the two female victims.
Dr. Alabi agreed, Mr. Kibundi does not present with any substance use disorder, nor are there any issues in terms of personality disorder.
Dr. Alabi has met with the family. They are all supportive. From his discussion with the sister, Dr. Alabi believes the family does understand Mr. Kibundi’s illness.
However, Dr. Alabi added: “We have yet to talk about early signs of a decompensation.”
Dr. Alabi recalled that the father had noticed, during a time leading up to the offences, that Mr. Kibundi was increasingly isolating himself.
Regarding risk factors, Dr. Alabi expressed concern for Mr. Kibundi, in that stress is a potential issue. Dr. Alabi believes Mr. Kibundi may be taking on too much in terms of employment. In Dr. Alabi’s opinion, “This is a big one.” It is yet to be seen how Mr. Kibundi will manage his work obligations with the long hours he has been taking on.
Dr. Alabi and Mr. Kibundi have only met on one occasion. He is quite concerned that Mr. Kibundi may well prefer to not take medication, long term. The issue of weight gain is still there. Dr. Alabi expressed the need to keep an eye on Mr. Kibundi, given the mild to moderate risk of anticipated violence that could ensue, were he to stop taking medication. Mr. Kibundi would then become unwell and present a greater risk to public safety of the public, including the risk of psychological harm.

Responding to a Board member’s question, Dr. Alabi confirmed that the diagnosis of Schizoaffective Disorder has a mood component.

Evidence of Abimael Kibundi

Ms. McMahon called her client to testify. He confirmed his first hospitalization was at the Montfort in April and May of 2024, Mr. Kibundi explained he can now manage the weight gain side effect which had begun when he first received Invega. Currently, he goes to the gym twice a week. In the morning, he will go for walks with his father.
Mr. Kibundi confirmed that before being hospitalized at the Montfort, he was having paranoid thoughts. Since then, they have not returned. Mr. Kibundi said this is due to the medication.
Mr. Kibundi stated, were he to become unwell again, he would recognize his delusional thoughts. He has described them in discussion with family members.
Mr. Kibundi stated that Dr. Oleg has been his psychiatrist for almost a year. Their most recent meeting was for the injection administered on October 21, 2025. He will next see Dr. Oleg on November 12. He attends for monthly visits. The next injectable medication will be given in three months. TOH gives him a note to track appointments.
Mr. Kibundi said Dr. Oleg has not told him about any end date to his psychiatric care. When the injectable medication was changed to every three months from monthly it was at Mr. Kibundi’s request. The decision to effect a change was mutual, between Dr. Oleg and himself.
Counsel for the Attorney-General, Ms. Dufort asked Mr. Kibundi about the other recommended therapeutic endeavours. Mr. Kibundi replied, he has not yet begun. Mr. Kibundi stated, “This is because I do other things, including helping at home and going to the gym”.
Mr. Kibundi confirmed he does not use alcohol or cannabis. He has no plans to change his residence.
Currently, he only has the one part-time job, where he works 24 hours in a week. He does not find this to be stressful at all.
Mr. Kibundi responded to questions posed by Board members:

He had only the one meeting with Dr. Alabi, for an hour. Three days earlier, before the present hearing, Mr. Kibundi decided to seek an absolute discharge. Mr. Kibundi told the panel, he evaluates his life and goes to church. He loves people and does volunteer work. Mr. Kibundi believes he is not a risk to anyone. He told the Board he will keep up with medication.
Mr. Kibundi noted that when he was arrested, his father came to help him right away. His father has always been with him and continues to be there for him.
Mr. Kibundi told the Board he regrets making the two women feel afraid. He does not want them to go through this type of experience again and wants to leave them alone.
Mr. Kibundi added, he feels he has been punished enough and that he will take medication as long as he needs to, which is not causing him any difficulty at all.

The parties presented no further evidence.

Submissions of the Parties

On behalf of the hospital, Dr. Alabi pointed out that Mr. Kibundi has been found NCR on two occasions. While his symptoms have resolved and insight has improved, Mr. Kibundi has perceived there would be an end to the time when he needs to take injectable medications. To date, he has been with the On Track Program. Concerns arise in terms of his commitment to work and how to manage his stress, which can also lead to relapse.
Dr. Alabi strongly urged the Board to have the ROMHC assigned to provide forensic oversight, as opposed to granting an absolute discharge.
On behalf of the Attorney-General, Ms. Dufort submitted that the significant risk in this case relates to psychological harm. While Mr. Kibundi does benefit from medication provided, there are concerns that he wants to attend less frequently at the On-Track Program. While Mr. Kibundi claims his participation with On Track does not interfere with his work, he also says he is too busy to engage with any other programs. Instead, he says he goes to the gym, for only two hours per week. Referrals were provided to Mr. Kibundi, but he did not follow-up at all. In counsel’s submission, this is not sufficient.
Ms. Dufort asked the Board to consider a detention order involving hospital approved accommodation or, in the alternative, a conditional discharge to include firstly, a specified residence and, secondly, a consent to treatment order (Section 672.55 of the Criminal Code).
On behalf of the NCR accused patient, Ms. McMahon pointed out that her 22-year-old client has no criminal record. The offending behaviours were limited only to the “prodromal” (as she expressed it) and involved only a single period of offending. This all arose during a very narrow window of his being unwell.
Ms. McMahon pointed out that Mr. Kibundi complies with his regime of prescribed psychiatric medication. This does not interfere with his activities. When under court-ordered release, there was no formal requirement for Mr. Kibundi to seek treatment or take medication. For seventeen months, he has attended for treatment and has been well.
Ms. McMahon noted that both Dr. Linthorst and Dr. Alabi have confirmed that Mr. Kibundi demonstrates good insight regarding his need to take medication. Dr. Alabi has also acknowledged the patient’s improving insight into the index offence. Moreover, counsel stated, Mr. Kibundi has testified he is very fearful and concerned about what the victims experienced.
Ms. McMahon submitted that for the Board to make a finding of significant threat, the evidence required must come up to an onerous threshold. That threshold, counsel submitted, has not been met and Mr. Kibundi is entitled to an absolute discharge.
Before submissions concluded, the Board asked about a possible alternative position. Ms. McMahon replied that if the Board should choose to discharge her client on conditions, she would not object to a formal requirement that Mr. Kibundi reside only at a specified address, namely the family home. Their current address in Quebec was provided.

Conclusions on the Issue of Significant Threat

In determining whether the NCR accused presents a significant threat, the Review Board is guided by principles set out by the Supreme Court of Canada in the Winko decision. These include the following:

A “significant threat to the safety of the public” means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature.
There is no presumption that the NCR accused poses a significant threat to the safety of the public. There is never any legal burden on the NCR accused to show that he or she does not pose a significant threat to the safety of the public.
The court or Review Board may have recourse to a broad range of evidence as it seeks to determine whether the NCR accused poses a significant threat to the safety of the public. Such evidence may include the past and expected course of the NCR accused’s treatment, if any, the present state of the NCR accused’s medical condition, the NCR accused’s own plans for the future, the support services existing for the NCR accused in the community, and the assessments provided by experts who have examined the NCR accused. This list is not exhaustive.
If the court or Review Board concludes that the NCR accused is not a significant threat to the safety of the public, it must order an absolute discharge.

In Mr. Kibundi’s case, we make the following findings:

Mr. Kibundi suffers from a serious psychotic disorder, Schizoaffective Disorder, which requires ongoing and likely long-term treatment with psychiatric medication.
The offences arising in 2023 and 2024 were similar and serious. These took place over an extended period when Mr. Kibundi’s mental condition had been deteriorating for several months, possibly for the preceding year.
Both offences saw members of the public exposed to a real risk of serious psychological harm.
Several experts in psychiatry have examined Mr. Kibundi since April 2024. They include Dr. Gouin (the TAQ), Dr. Linthorst (the Ontario NCR opinion) and Dr. Alabi (the ORB report). All agree that Mr. Kibundi requires ongoing treatment with psychiatric medication.
Mr. Kibundi advises that he receives, and intends to continue with, treatment at TOH with a Dr. Oleg. The Board has received no details or formal confirmation of this, apart from Mr. Kibundi’s testimony and Dr. Alabi’s own general understanding.
Mr. Kibundi testified that he meets Dr. Oleg monthly and that he will receive his next quarterly dose of injectable medication, Trinza, in three months, presumably in mid-January 2026.
We note, from both the TAQ decision and Dr. Alabi’s evidence, the clear expectation that Mr. Kibundi’s condition requires more than just having him comply with a regime of prescribed anti-psychotic medication. Mr. Kibundi also needs to be followed by a multidisciplinary treatment team. This was clearly stated by the TAQ. It is a key foundation of their decision to grant Mr. Kibundi an absolute discharge in June 2025.
Therefore, when the TAQ wrote in their Motifs that no psychiatric follow-up was required, they can only have meant that they were placing complete reliance on an Ottawa-based treatment team to attend to all aspects of the patient’s care, including ‘multi-disciplinary’.
Since May 2024, when Mr. Kibundi was discharged from the Montfort Hospital, he has for the most part done well. It is to his credit that he made a very recent return to employment in September 2025 and that he manages in the community while benefitting from the valuable, reliable and solid support of his prosocial family, and particularly his devoted father.
And yet, while promising to all involved, including clinicians, that he is committed to stay on prescribed anti-psychotic medication, Mr. Kibundi chooses, or has forgotten, to follow the clear recommendations of both the TAQ and the TOH regarding his need for interdisciplinary care.
While it appears that Mr. Kibundi did initially engage with services at TOH, he currently demonstrates real ambivalence about continuing. Instead, he limits his involvement to doing no more than attending scheduled appointments with Dr. Oleg.
At this initial ORB hearing before the present panel, having had access to the reports filed, and now having heard Dr. Alabi testify, Mr. Kibundi confirms that he does not have time to participate in any other hospital programs.
We conclude, firstly, that since his May 2024 discharge into the community, Mr. Kibundi has yet to receive the sustained level of non-pharmacological treatment in the various areas which he requires: psychological, vocational, dietary, stress-management, work-life balance and transition to independent living.
Secondly, Mr. Kibundi has no plan to attend for such care.
The Board has a few added concerns about Mr. Kibundi’s course. One such concern, is that he possibly may still require post-trauma counselling regarding the loss of his mother from the time when he was at an even more vulnerable age.
Another concern arises in relation to Mr. Kibundi’s ongoing treatment with psychiatric medication, in terms of clinical considerations.
While side-effects of the current medication are said to be managed, it is also important to remember that Mr. Kibundi’s course of treatment since April 2024 has involved at least four different forms of medication. These include Olanzapine, Invega (oral followed by injectable), and, most recently, Trinza. Mr. Kibundi needs to stay in close contact with his most responsible treating psychiatrist to carefully monitor whether the dosage levels or type of prescribed medication(s) will require adjustment or change. Dr. Alabi is greatly concerned that Mr. Kibundi is at risk of losing contact with his current psychiatrist.
We listened carefully to Mr. Kibundi when he testified. While he presented in a sincere and earnest manner, we were left with real uncertainty about his future intentions regarding treatment. In our view, Mr. Kibundi has yet to develop full and adequate insight into his need to comply with all forms of recommended treatment.
While Mr. Kibundi may feel he is able to recognize his own signs of decompensation, we believe he has yet to understand and fully accept the nature of the illness and his need for treatment - including non-pharmacological.
It must also be remembered that Mr. Kibundi is at the stage of his life when, at the age of 22, he will want to progress to independent living. This is a worthy goal. Such a transition - in his case - remains risky. It was attempted for the first time in February 2024, was short in duration, and lead to the index offence.
Mr. Kibundi’s family deserve a great deal of credit. They provide consistent and valuable support, as is clear by all accounts. Dr. Alabi has met them. He and the hospital team can provide the family with valuable information and support. This will only enhance Mr. Kibundi’s chances to progress more fully with his clinical recovery and community reintegration.
Considering all the available information, the Board finds that if we were to accede to Mr. Kibundi’s desire for an absolute discharge, he would more than likely withdraw from his scheduled meetings at TOH, including with Dr. Oleg or any other care provider, as in fact he would be left completely free to do.
At point, barring any new major crisis, the family and the TOH would have no ability to require Mr. Kibundi to attend for assessment, much less treatment.
Mr. Kibundi would also be left completely free to decide on his own to move out of the family home. This would eliminate the last known source of support which he still requires.
If granted an absolute discharge, the risk is real and substantial, and not at all speculative, that Mr. Kibundi would discontinue his regime of prescribed medication. His condition would more than likely then deteriorate, to the point of serious mental instability, thus putting members of the public at risk of serious psychological, and even possibly serious physical, harm.
The evidence, taken as a whole, more than satisfies us that the present level of risk presented to the safety of the public is significant. On balance, there is a real enough likelihood that Mr. Kibundi’s potential deterioration would lead to criminal conduct resulting in serious harm, beyond the point of being merely trivial or annoying.

The Necessary and Appropriate Disposition, that is the Least Onerous and Least Restrictive

Once more, the Board is guided by the Supreme Court of Canada as is set out in the Winko decision. If the Review Board concludes that the NCR accused is a significant threat to the safety of the public, it has two alternatives. It may order that the NCR accused be discharged subject to the conditions the Review Board considers necessary, or it may direct that the NCR accused be detained in custody in a hospital, again subject to appropriate conditions.
When deciding whether to make an order for a conditional discharge or for detention in a hospital, the Review Board must again consider the need to protect the public from dangerous persons, the mental condition of the NCR accused, the reintegration of the NCR accused into society, and the other needs of the NCR accused, and make the order that is the least onerous and least restrictive to the NCR accused.
The Board considered the need for a detention order. We do not feel such an order is necessary or appropriate. Mr. Kibundi has remained well while compliant with medication, as his counsel points out, for the past year and a half. He has stable and supportive housing with family and is gainfully employed. Since his court-ordered release in May 2024, Mr. Kibundi has had no further contact with the victims, nor with the police. Nor has he needed to stay in hospital. A detention order, at this time, would be more onerous and more restrictive than is necessary to keep the public safe.
That said, the evidence presented convinces us that Mr. Kibundi remains vulnerable and fragile regarding his stated intention to continue with treatment. Moreover, he has been consistent in his negative orientation to much needed non-pharmacological treatment. The appropriate current disposition, which is necessary, both for public safety and to promote his mental health and reintegration, is a discharge, subject to conditions.
Conditions now issued by the Board are designed to assist Mr. Kibundi as he embarks on his new therapeutic relationship with the hospital. Dr. Alabi and the treatment team no doubt will be consulting appropriately with Dr. Oleg at TOH, just as they will be reaching out and providing helpful support to Mr. Kibundi’s family.
In this last respect, Dr. Alabi may find it helpful to ensure that copies of these Reasons be provided to Dr. Oleg and to Mr. Kibundi’s father.
We express our encouragement and hope to Mr. Abimael Kibundi on his continued progress.
We thank counsel for their assistance.

DATED this 9th day of December 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Hageraats Legal Member

Office of the Registrar Ontario Review Board