Ontario Review Board
Re: Omotope Akinfolarin ORB File No: 7837 Hearing held on: March 7, 2025 Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th^ Campus Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. L. Banks Members: Dr. K. Hand Dr. A. Kerry Mr. K. McKenna Ms. M. McKinnon
Parties Appearing: Accused: Omotope Akinfolarin Counsel: Mr. P. Morabito The Person in charge of Hospital: Counsel: Ms. L. Barney Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION (Dated March 12, 2025)
Introduction:
On January 20, 2021, Mr. Akinfolarin was found not criminally responsible (“NCR”) for criminal offences of assault with a weapon, assault causing bodily harm, robbery, and failure to comply with a release order, all offences contrary to the Criminal Code of Canada (“Criminal Code”). Since his NCR finding, Mr. Akinfolarin has been subject to Dispositions of the Ontario Review Board (“ORB” or “Board”), the most recent of which is dated March 8, 2024, as amended by an ORB Order. Pursuant to that Disposition, Mr. Akinfolarin was ordered discharged subject to a variety of terms and conditions, including among others, that he reside at a specified address in Hamilton, consent to take treatment as prescribed, and attend at St. Joseph’s Healthcare Hamilton (“St. Joseph’s” or the “hospital”) for psychiatric assessment on the request of the person in charge (“PIC”) of the hospital.
On March 7, 2025, the Board conducted an annual review of Mr. Akinfolarin’s existing Disposition pursuant to section 672.81(1) of the Criminal Code. Mr. Akinfolarin was present at the hearing and was assisted by his counsel, Mr. Morabito.
The issues to be considered at this hearing are whether Mr. Akinfolarin is a significant threat to public safety as now defined in s. 672.5401 of the Criminal Code and, if so, to then determine the necessary and appropriate Disposition in the circumstances bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
The Board concluded that Mr. Akinfolarin no longer represents a significant threat to public safety and that accordingly, he must be absolutely discharged.
Positions of the Parties:
At the commencement of the hearing, the Alternative Chairperson canvassed counsel with respect to their positions. Counsel for the hospital submitted that Mr. Akinfolarin no longer remains a significant threat to the safety of the public and that he must be absolutely discharged.
Counsel for the Attorney-General wished to hear the evidence before making a recommendation to the Board. In final submissions, counsel advised that she concurred with the hospital’s recommendation for an Absolute Discharge.
Counsel for Mr. Akinfolarin submitted that his client was supportive of the hospital’s recommendation and agreed that his client should be absolutely discharged.
All parties submitted a joint recommendation to the Board in closing submissions.
Index Offences:
- The details of the index offences are as set out in last year’s ORB Reasons dated March 21, 2024, as follows:
“On August 19^th^, 2019, the accused before the court Mr. Omotope Akinfolarin was arrested and charged with robbery x 2 and Fail to Comply Recognizance. On August 20^th^, 2019, Mr. Akinfolarin was released on a Recognizance before a Justice of the Ontario Court of Justice.
One of the conditions of the Recognizance was: do not possess any weapons as defined by the Criminal Code, which included anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person.
Beatrice Woods is 75 years old. On Thursday March 19^th^, 2020, Ms. Woods was sitting alone on a bench within a bus shelter located at Albion Road and Shendale Drive in the city of Toronto. The accused left his residence a short distance away and walked a path toward the victim while holding a trimmed branch from a tree. The branch was approximately 3 ft long and 4 inches in diameter. The accused then entered the bus shelter and told the victim, "I want your purse." The victim refused and a struggle ensued. The accused and victim then exited the bus shelter when the accused, while holding the branch with both hands, struck the victim on her head with the stick.
The victim, attempting to escape, made her way across Albion Road followed by the accused. As they reached approximately the middle of the road, the accused forcefully grabbed on to the purse strap that the victim had still over her shoulders and with significant force flung the elderly victim to the ground. The accused ran back toward his residence. Several motorists stopped to assist the victim getting up and off the road, who was crying for help.
The victim did not know the accused and did not believe she'd ever seen him before.
911 was called and police and paramedics attended. A police investigation was commenced. Through this investigation, the accused was identified.
On Saturday March 21^st^, 2020, the accused was located at his residence and placed under arrest by D/C Mark Homiak and Det. Mike Allen.
At the time of arrest, the officers believed the accused was "acting odd". D/C Homiak would testify that his impression/observations were as follows: "I would characterize him as having mental health issues or an extreme learning disability ... his gaze, way of speech and his gate [sic]."
The accused made the following comments to the two arresting officers, D/C Homiak and Det. Allen
Male saying that Brandon robbed him and that the old lady knows Brandon
Male asks D/C Homiak if he is with the FBI and if he is going to get the death penalty
Continues to say that he just wanted to know where Brandon was and that she is Brandon's friend
Said the woman is Brandon's friend and laughed when Brandon hit him with the broom
The accused was read his Rights to Counsel, transported to 23 Division, charged accordingly and held for a Show Cause.
The whole incident was caught on surveillance video.
Ms. Woods suffered a large bump on forehead and black eyes; an abrasion to her knee; and aches and pains throughout her body, particularly in her back and knee.”
Background Information:
The Hospital Report outlines Mr. Akinfolarin's history and background and need not be repeated in detail. Briefly summarized, Mr. Akinfolarin was born in Toronto and is 24 years old. His parents separated after the birth of his youngest brother, and he and his two brothers were raised by their mother and an uncle.
Although he completed grade 12, he had insufficient credits and did not graduate. Mr. Akinfolarin started a trade training program with the intention of becoming a carpenter. He withdrew from the program in early 2020 due to his deteriorating mental health.
Mr. Akinfolarin is not married and has not been involved in any long-term relationships.
Prior to the index offences, Mr. Akinfolarin became involved in a negative peer group and he started to steal and smoke cannabis.
Legal History:
- Mr. Akinfolarin has a criminal record prior to the index offences. On August 19, 2019, he was charged with a number of offences and on September 4, 2020, he was convicted of assault x 2, theft under x 2, and disobeying a Court order. Mr. Akinfolarin received a sentence of 30 days pre-trial credit, 2-years’ probation and ancillary court orders of. providing a DNA sample and a 5-year weapons prohibition.
Psychiatric History:
The Hospital Report indicates that in 2019 Mr. Akinfolarin’s family became concerned about Mr. Akinfolarin’s behaviour and took him to his family doctor. He was sent to the Humber River Hospital on a Form 1 under the Mental Health Act for assessment in August 2019. He was admitted to hospital for approximately three weeks.
Mr. Akinfolarin’s next psychiatric admission to hospital was following the index offence when he was admitted to St. Joseph’s on June 30, 2020.
Diagnoses:
- Mr. Akinfolarin’s current diagnoses are:
Schizophrenia;
Intellectual Disability-Mild; and
Substance Use Disorder, in remission.
Evidence at the Hearing:
Dr. S. Prat testified at the hearing to augment the documentary information available to the Board. The doctor advised that he co-authored the Hospital Report and he adopted its contents. He advised that he has been Mr. Akinfolarin’s most responsible psychiatrist since June 2022.
The Hospital Report indicates that Mr. Akinfolarin is capable with respect to medication and remains on a long-acting injection (“LAI”) of the antipsychotic medication, Aripiprazole, which is administered once a month at the hospital. He is adherent with his treatment and does not suffer from any side effects from his medication.
Mr. Akinfolarin is financially capable and receives benefits through his employer but they do not cover the full cost of his monthly LAI. His injection cost is covered first by the Ontario Trillium Drug Benefit Program, then his work benefits (which cover $4000 in medications annually), and then the Manufacturer (McKesson). He is required to pay approximately $200 every 3 months for his injection, which he has been able to manage without issue. Mr. Akinfolarin continues to state that he has no financial concerns and will continue to pay any extra charges to cover the costs of his LAI.
When asked if gambling is an on-going concern to the treatment team, Dr. Prat stated that it is not. He commented that Mr. Akinfolarin is financially responsible.
Mr. Akinfolarin’s mental state has been stable over the year in review and there has been no indication of any psychiatric symptom relapse. Dr. Prat testified that Mr. Akinfolarin has not presented with any overt indications of suicidal or homicidal ideation, perceptual disturbances, or delusional thinking. His thought process is typically logical and organized, and usually focused on goals such as maintaining his employment, housing and obtaining an Absolute Discharge.
Mr. Akinfolarin has been living in the same independent, one-bedroom, market rent apartment in the Hamilton community since his November 28, 2022 discharge from hospital. His housing is stable but the building does not offer professional support services. Mr. Akinfolarin had indicated that he may consider relocating closer to his family in Brampton in the future but, at the present time, he has opted to remain in Hamilton so that he can keep his full-time employment.
Mr. Akinfolarin is followed in the community by the hospital’s Forensic Outpatient Program (“FOP”) and he attends all scheduled meetings as required and he is open and forthcoming with his treatment team. He reports biweekly to the FOP, alternating between in-clinic and in-home visits. The Hospital Report states that Mr. Akinfolarin’s reporting frequency was reduced from weekly to biweekly in November of 2024 to facilitate a gradual transition to potential future reporting under civil mental health services.
Mr. Akinfolarin has maintained his full-time employment at Maple Leaf Foods operating a forklift after successfully completing the required training through his employer. He works Monday through Friday on eight-hour shifts and sometimes works overtime. Over the past few months, he has been working night shifts and no concerns have been observed by the team or voiced by Mr. Akinfolarin.
With regard to Mr. Akinfolarin’s commitment to maintaining his abstinence, the Hospital Report states that “Mr. Akinfolarin is required to abstain from the non-medical use of alcohol, drugs, and any intoxicants. He has consistently denied use, triggers, or cravings for alcohol, cannabis or illicit substances. Routine and random urine drug screenings have been negative throughout the reporting period. He has expressed on several occasions that he intends to remain abstinent from drugs and alcohol for the long-term, as he is able to appreciate the potential detriment these substances may have on his mental status.” Dr. Prat testified that there have been no positive urine screens for substance use over the reporting year in review.
Overall, Dr. Prat stated that Mr. Akinfolarin has displayed no behavioural issues, and no signs of aggression. There have been no notable incidents this past reporting period. He has not required any hospital readmissions over the year in review.
When asked about Mr. Akinfolarin’s family supports, Dr. Prat confirmed that his parents have been important supports to him. As well, his primary social supports include his aunt, who resides in Hamilton, as well as his two adult brothers, who live in Brampton, Ontario. He does not have close friendships.
Mr. Akinfolarin has consistently verbalized his intent to engage with mental health supports in the community, and to continue his LAI medication.
In response to a Board member’s question about Mr. Akinfolarin’s intellectual disability Dr. Prat indicated that the disability was of mild severity so that it does not impede Mr. Akinfolarin from functioning quite well independently.
In terms of Mr. Akinfolarin’s insight, the Hospital Report indicates that he, “ …has insight into the need for receiving antipsychotic medication. He is aware of the risk of becoming psychotic if he were to become unmedicated or if he were to use intoxicants, such as cannabis or any illicit psychoactive products. Overall, Mr. Akinfolarin has very good insight into the nature of his mental illness.” Dr. Prat stated that Mr. Akinfolarin’s insight is “excellent” and it continues to improve. In particular, he stated that he appreciates that it is “safer” that he remains on a LAI. In terms of substances, he avoids negative peer groups that might influence him to use substances recreationally.
Overall, Dr. Prat testified that Mr. Akinfolarin leads a quiet life in the community. He primarily stays in his apartment when he is not working and watches sports and plays video games online with his brothers.
Dr. Prat testified that if Mr. Akinfolarin is granted an Absolute Discharge, Mr. Akinfolarin’s care will be transitioned to the hospital’s Schizophrenia Outpatient Clinic (“SOC”) and he has already attended an intake appointment with SOC on January 8, 2025. The SOC has agreed to having Mr. Akinfolarin attend their clinic and that transfer of care can occur quickly, if not immediately, should he be granted an Absolute Discharge. He has a meeting scheduled with the SOC psychiatrist on May 27, 2025 and, in the interim, the FOP will bridge his care. Dr. Prat stated that Mr. Akinfolarin does not require intensive case management. Dr. Prat stated that the services provided by the SOC are sufficient to safely manage Mr. Akinfolarin’s risk in the community going forward.
Mr. Akinfolarin has stated that he is willing to attend appointments at SOC for his continued care management and for the administration of his LAI until the HPS is available to him. Mr. Akinfolarin has consistently voiced his intention to continue to receive his monthly LAI antipsychotic medication. As well, SOC has a variety of therapeutic and vocational programming available to its clients. The services of a SOC psychiatrist are also available to Mr. Akinfolarin, typically every three months or as needed.
Dr. Prat responded to questions from a panel member regarding Mr. Akinfolarin’s management of stressors. The doctor commented that to Mr. Akinfolarin’s credit, he is able to reach out for help to team members when he needs additional supports and he is not reluctant to do so.
In Dr. Prat’s opinion and that of the treatment team, Mr. Akinfolarin no longer meets the threshold of posing a significant threat to the safety of the public. The doctor testified that Mr. Akinfolarin’s risk factors are mitigated as a result of his compliance with his LAI and the fact that his illness is in remission, he remains cooperative with the treatment team, he is insightful across all domains and remains internally motivated to stay well, he has resided independently in the community for many years, without incident, and he is gainfully employed.
No further evidence was called.
Analysis and Conclusion:
After considering all the evidence presented and the submissions of the parties, the Board finds that Mr. Akinfolarin no longer poses a significant threat to the safety of the public. The panel accepts the evidence of Dr. Prat and the Hospital Report in this regard. In coming to this decision, the panel carefully considered the decision of the Supreme Court in Winko v. British Columbia. In that case, the Court identified a significant risk as 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 must be a positive finding by the Board of a significant risk to the safety of the public to engage the provisions of the Criminal Code and to support restrictions on an NCR accused’s liberty. Something else, for example, uncertainty, cannot suffice. If the Board cannot resolve the question of whether or not the NCR accused constitutes a significant threat to public safety, it must grant the accused an Absolute Discharge.
In Winko, the Supreme Court also outlined that in coming to a conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence including the circumstances of the original offence, the past and expected course of the accused's treatment, the present state of the NCR accused's medical condition and the NCR accused's own plans for the future, the support services existing for the NCR accused in the community and, perhaps most importantly, the recommendations provided by experts who have examined the NCR accused.
The evidence before us outlined the sustained progress that Mr. Akinfolarin has continued to make over the past several years. He has been residing successfully in the community for many years and there has been no violence or assaultive behaviour. To his credit, Mr. Akinfolarin is insightful regarding the symptoms of his illness, its early warning signs, and the importance of medication compliance in perpetuity. He is also committed to and appreciates the importance of remaining abstinent of substances of abuse.
The symptoms of his mental illness have been in sustained and complete remission for many years. He remains compliant under his own consent as he is assessed as treatment capable. He has successfully resided in stable independent housing since his discharge to the community There have been no reported incidents of concern for the past several years. Further, Mr. Akinfolarin has not required rehospitalization since his discharge to the community in November 2022.
Mr. Akinfolarin is in the process of transitioning his care to a non-forensic team and he expresses an understanding of the importance of, as well as a commitment to, remaining engaged with a professional support team.
Dr. Prat is confident that Mr. Akinfolarin’s risk will be sufficiently mitigated by many protective factors. These include: his well-developed insight, his adherence to his prescribed LAI medication, his engagement in full-time employment, stable housing, and his network of family members who are pro-social supports. Given these many protective factors, the Board concurs with the recommendation of the treatment team and agrees that Mr. Akinfolarin’s risk can be sufficiently managed in the community absent an order of the ORB. We note as well that Mr. Akinfolarin has not tested positive for any substances since coming under the ORB’s jurisdiction and he has not expressed any desire to use substances. He is internally motivated not to fall back into psychiatric illness and realizes that he must remain compliant with his treatment in order to avert a recurrence of his illness.
In view of the foregoing, this Board finds that Mr. Akinfolarin no longer meets the threshold of significant risk to the safety of the public and we order that he be absolutely discharged. The Board congratulates Mr. Akinfolarin, his family members, Dr. Prat and the treatment team and wishes Mr. Akinfolarin continued success in the future.
The evidence before us indicates that Mr. Akinfolarin is in the process of being transitioned to the SOC and that agency will provide a psychiatrist, case management and programming services to him. At a minimum, it is expected that Mr. Akinfolarin will meet with members of the SOC team at least once monthly. Until the transfer of his care to the SOC has been completed, the hospital’s FOP team will continue to be available to him. The Board is impressed that Mr. Akinfolarin has been consistent in his expressed intention to remain compliant with his LAI medication and engaged with the SOC team. These commitments will bode well for Mr. Akinfolarin going forward and we wish him well.
In reaching our decisions the Board considered public safety, Mr. Akinfolarin’s mental condition, his reintegration into society and his other needs as required by s. 672.54 of the Criminal Code.
DATED this 12^th^ day of March, 2025 at the City of Toronto, in the Toronto Region.
Ms. L. Banks Alternate Chairperson
____________________________ Office of the Registrar Ontario Review Board