Re: Aakash Nakra
ORB File No: 6590
Hearing held on: Tuesday, March 4, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. W. Johnston Dr. S. Wiseman Ms. C. Murray Mr. S. Duffy
Parties Appearing: Accused: Aakash Nakra Counsel: Mr. A. Rastigou
The person in charge of hospital: Counsel: Mr. K. Dow
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION (Dated March 18, 2025)
Introduction
On August 13, 2014, Aakash Nakra was found not criminally responsible on account of mental disorder (“NCR”) on charges of attempt to choke or strangle to commit an offence, assault with a weapon, aggravated assault, theft of a motor vehicle, failure to comply with condition of judicial release, mischief - not exceeding five thousand dollars, all contrary to the Criminal Code of Canada (the “Criminal Code”).
On March 4, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Nakra’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Nakra was ordered detained within the General Forensic Unit of the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the hospital”), with privileges up to and including living in the community in supervised accommodation approved by the person in charge.
Mr. Nakra was absent from his hearing due to illness. He was represented by counsel, Mr. Aria Rastgou, throughout the proceedings. Mr. Rastgou requested an order permitting Mr. Nakra to be absent from the hearing. As Mr. Nakra was ill and Mr. Rastgou had full instructions to proceed in Mr. Nakra’s absence, an order was granted pursuant to s. 672.5(10)a of the Criminal Code.
A Hospital Report dated February 24, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Nakra continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence and opinions before us, the Board found that Mr. Nakra continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition within the General Forensic Unit of Ontario Shores is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Nakra’s mental health, reintegration into society, and his other needs.
Current Psychiatric Diagnoses
- Schizophrenia; and Substance Use Disorders, in early remission.
Position of the Parties
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital, represented by Mr. Kyle Dow, supported by counsel for the Attorney General, Ms. MacDonald, took the position that Mr. Nakra continues to represent a significant threat to the public and the necessary and appropriate Disposition is a continuation of the current Detention Order on the same terms as last year with a reduction in the minimum reporting frequency to not less than once every four weeks.
Counsel for Mr. Nakra, Mr. Rastgou, conceded significant threat and agreed with the hospital’s recommendations.
Therefore, there was a joint submission on all issues.
Index Offence
- The details of the index offences are extracted from the Hospital Report, as follows:
“The police synopses described an incident in Mr. Nakra’s home where he assaulted his father. Mr. Nakra had recently been apprehended under the Mental Health Act, however, he was released from hospital on January 22, 2014. On that date, he took an electrical cord, looped it around his father’s neck and pulled it tight. During the struggle that took place, Mr. Nakra punched and kicked his father, who ran to escape from the attack. Mr. Nakra then attempted to choke his father again with the same cord, then he took a glass vase and he used it to strike his father in the head, causing wounds to the head that required staples. Mr. Nakra then fled the home and he took his father’s vehicle. He was located by Peel Regional Police on January 25, 2014 and he was arrested.”
Background and History
The Hospital Report contains extensive information regarding Mr. Nakra’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
Mr. Nakra is a 33-year-old single male with no prior criminal convictions. He has a grade 12 education and six months of college.
Mr. Nakra’s is supported by the Ontario Disability Support Program (“ODSP”).
On January 16, 2014, prior to the index offences, Mr. Nakra was seen in the emergency department and placed on a Form 1 after being brought to the emergency department by Toronto Police. He was in hospital until January 22, 2014. He was diagnosed with a substance abuse problem and having an antisocial personality disorder. It was noted that he physically abused his mother on a few occasions, but charges were not pressed. He requested discharge and on the day of his discharge no homicidal or suicidal thoughts or hallucinations were noted.
Mr. Nakra has a long history of alcohol and cannabis use. While under the ORB’s jurisdiction he has tested positive for cocaine. Due to ongoing substance use in violation of his ORB disposition, he was hospitalized three times in 2017 and again in 2018. From May 2018 to September 2019, Mr. Nakra refused psychotropic medications, and only occasionally accepted as-needed medication.
Mr. Nakra was transferred from CAMH to Ontario Shores on July 16, 2019. Over time, Mr. Nakra’s behaviour stabilized to the point that he was placed on a waiting list for Canadian Mental Health Association (“CMHA”) housing through the Transitional Rehabilitation Housing Program (“TRHP”). He was in living in the community for only three weeks before he tested positive for cocaine, which necessitated his readmission to hospital on September 17, 2020.
Mr. Nakra was next discharged to the community on March 1, 2021. On March 9, 2021, his urine drug screen tested positive for THC. He was readmitted on April 9, 2021, as a result of trying to avoid drug detention by providing a cold urine sample. He reported that he did not want to take his antipsychotic medication anymore. He was observed responding to internal stimuli. On July 19, 2021, he eloped from the hospital. On July 21, 2021, he was located by police at a Walmart in Woodbridge and returned to hospital.
On June 2, 2023, Mr. Nakra failed to make his noon check in while on a leave of absence to his family’s home. He went to a casino in Niagara Falls and another in Orillia. He called his father to be picked up. His father lied to the hospital about the incident and advised that he returned home on his own. Mr. Nakra used cannabis and alcohol while on his unauthorized leave of absence. His parents’ approved person status was revoked.
Course Since Last Disposition
Mr. Nakra was discharged to CREATE (Collaborative Residents Enabling Assisted Transitional Engagement) Byron housing in Whitby on October 1, 2024.
He has not had any difficulty transitioning to the new home or following the rules of this residence. No behavioural concerns have been brought forward.
Mr. Nakra continues to lack interest in therapeutic group programming.
Mr. Nakra has a good understanding of his mental illness and the importance of medication compliance. He understands that the symptoms would likely return if he were to stop medication. He has been compliant with all Forensic Outpatient Services (“FOS”) visits and random drug testing, with all results of drug testing returning negative.
Evidence at the Hearing
The Board had available to it the evidence and documents forming the Record, the Hospital Report, and oral evidence of Dr. D. Pallandi, Mr. Nakra’s psychiatrist and author of the Hospital Report.
Dr. Pallandi testified that he has been Mr. Nakra’s psychiatrist since Mr. Nakra was discharged to the community in October 2024. CREATE Byron is high support housing.
Mr. Nakra chooses not to leave his CREATE Byron housing much. He is not very active. There are a lot of activities that he could participate in at Byron if he chose to do so. The treatment team would like him to do more activities and programs and the team is working on encouraging him to participate.
Dr. Pallandi testified that Mr. Nakra has remained abstinent in the community. Since October, his urine drug screens have all returned negative. Just a few weeks ago, Mr. Nakra told Dr. Pallandi that he wanted the ORB to remove all restrictions on substances. This demonstrates that he may have poor insight into the effect of substances on his risk to the public. Mr. Nakra talks to the FOS team about using drugs again in the future. He doesn’t express a purpose for using it other than to combat boredom. He does not recognize that cocaine has been a problem for him.
Dr. Pallandi testified that Mr. Nakra continues to have some auditory hallucinations that are not command in nature and are not distressing to him. Although Mr. Nakra has complied with his medication regimen, insight into his psychiatric condition has been a chronic problem for Mr. Nakra. It is too early to say how well he will comply with his medications long-term since he was just discharged in October 2024. If he were to experience signs of decompensation it remains speculative what he might do, at this time.
Mr. Nakra’s family has been supportive. They have visited him at CREATE Byron and they are looking after his dog for him.
In response to questions of Mr. Rastgou, Dr. Pallandi testified that Mr. Nakra could remain at CREATE Byron for one to one and a half years. After that time, the FOS team will look for lower support housing for him, which should be able to be accommodated fairly quickly. The FOS team would like to see Mr. Nakra become more integrated into the community by having a job or volunteering, engaging in the concurrent disorders program, and spending his day productively.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board independently finds that Mr. Nakra remains a significant threat to the safety of the public.
Mr. Nakra’s risk to the public stems from his schizophrenia. He also has substance use disorders. Although Mr. Nakra is recently stable in his mental state, he continues to have residual symptoms. Mr. Nakra has not ruled out substance use in the future, which has historically been associated with a decline in his mental status. The Hospital Report notes that he appears quite highly motivated to return to the use of cannabinoids at the earliest possible opportunity.
The Hospital Report points out that there is evidence that Mr. Nakra was using substances leading up to and during the index offence.
The Board agrees with and relies on the following excerpt from the Summary and Risk Management Plan within the Hospital Report:
“When considering present static and dynamic risk factors, Mr. Nakra’s risk for violent reoffending is estimated to be in the ‘moderate’ range when considering a conditional discharge but ‘low’ and well-managed under the current Disposition. Mr. Nakra was recently discharged to the FOS in October 2024 and has been adjusting to community living with good progress. He displays reasonable insight into his mental illness and need for treatment while voicing a realistic understanding of his goals and current limitations. Mr. Nakra has not ruled out using alcohol or cannabis and historically substance use has represented a significant risk factor leading to problems with treatment compliance and supervision response.”
Without the highly supportive housing and high level of mental health supports he is receiving, Mr. Nakra would likely return to the use of substances, disengage from treatment and have an exacerbation of symptoms, which would likely result in violence and criminal actions comparable to those which he historically displayed.
In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.
A Detention Order is necessary to ensure that the hospital is able to approve Mr. Nakra’s housing and return him promptly to hospital should the need arise. To manage his risk to the public in the least onerous and least restrictive way, Mr. Nakra currently requires highly supportive housing to monitor his mental state, ensure compliance with medications, monitor relapse to substances, and provide structure. Though it was not addressed at this hearing, a Conditional Discharge would be premature at this juncture given Mr. Nakra’s housing needs, possible need to return him to hospital in a timely manner, and his stated intention to return to substance use.
The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is a Detention Order on a General Forensic Unit at Ontario Shores, with a reporting period of not less than once every four weeks, on the terms set out in our formal Disposition.
DATED this 18^th^ day of March 2025, at the City of Toronto, in the Toronto Region.
Ms. Christine Murray Legal Member
_______________________ Office of the Registrar Ontario Review Board