Ontario Review Board
Re: Layla Abdiqadir
ORB File No: 8413
Hearing held on: Wednesday January 8, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Sections 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. P. Hageraats Members: Dr. S. Lessard Dr. G. Glancy Mr. P. Capelle Mr. M. Hajek
Parties Appearing: Accused: Layla Abdiqadir Counsel: Ms. L. Konarowksi
Person in charge of hospital: Representative: Dr. J. Hwang
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated March 17, 2025)
Introduction
On October 25, 2023, Ms. Layla Abdiqadir appeared in Court on charges of possession of a break-in instrument and break and enter to a non-dwelling with intent, offences contrary to the Criminal Code of Canada.
The court was presented with psychiatric evidence establishing that Ms. Abdiqadir was suffering from a serious mental disorder at the time she committed the index offences. Based on that evidence, the court ruled she was not criminally responsible on account of mental disorder (NCR).
Ms. Abdiqadir is currently subject to a disposition of the Ontario Review Board (ORB or "the Board") dated February 14, 2024. On that date, the Board discharged Ms. Abdiqadir, subject to conditions.
On January 8, 2025, the Board convened at the Royal Ottawa Mental Health Centre (ROMHC or "the Hospital") to conduct an annual review. Ms. Abdiqadir appeared in person. She was represented by counsel, Ms. L. Konarowski. Ms. Abdiqadir's brother, Gruleid Abdiqadir, attended. Also present were two of Ms. Abdiqadir's hospital-based social workers.
The Board received documents which were filed in evidence, including a hospital report dated December 16, 2024.
The issues to be considered by the Board are whether Ms. Abdiqadir presents a significant risk to the safety of the public, and, if so, to determine the necessary and appropriate disposition.
Initial Positions of the Parties
Counsel for Ms. Abdiqadir supported the hospital recommendation that her client no longer presents a significant threat to the safety of the public and that she should be discharged without conditions. Counsel appearing for the Attorney-General, Ms. Dufort, chose to reserve her position.
For the reasons set out below, the Board determined that Ms. Abdiqadir no longer presents a significant threat to public safety. She was granted an absolute discharge.
Current Psychiatric Diagnosis
- Schizophrenia, First Episode, currently in full remission
Index offences
- The circumstances are described in the hospital report and in last year's Reasons dated March 20, 2024. In summary:
i. Possess Break-in Instrument:
Ms. Abdiqadir attended an apartment building in the evening of August 9, 2021. The apartment was not fully occupied, since the new tenant had only just moved in. Ms. Abdiqadir used a screwdriver to remove the front doorknob and enter the apartment building.
ii. The tenant of the unit returned from grocery shopping and heard someone singing from inside the apartment. This alerted her that someone was inside. Ms. Abdiqadir encountered the victim in the hallway, which terrified the victim. The victim fled into the basement and the superintendent attended the building. Ms. Abdiqadir was sitting on a couch in the basement holding the doorknob and a screwdriver. When the police arrived, she was found in the backyard of the building, still holding the screwdriver.
iii. Break and Enter Non-Dwelling with Intent:
In the early hours of August 10, 2022, Ms. Abdiqadir attended at a synagogue, the Orthodox Community Ohev Yisroel. The building was closed and secured. She broke the rear window and entered the building. She wandered around the synagogue until the audible alarm started and then left by the back door. The incident was captured on video.
Personal Background
Ms. Abdiqadir is 28. She was born in Mogadishu, Somalia. In 1997, when she was nine months old, the family came to Canada. Her mother, Fatima, reports having had a normal pregnancy. Ms. Abdiqadir met all developmental milestones at the expected age. She was reported to have had no difficulties as a child at making and keeping friends.
Ms. Abdiqadir is the youngest of three children. Her older brother and sister live in Canada. The three siblings all get along well.
Fatima Abdiqadir, the mother, entered the United States with the three children before arriving in Ottawa in 1997. The children's father, Abdi, and the mother divorced some time ago. Abdi is an accountant who spends his time between Kenya and Somalia. He currently lives in Kenya. Ms. Fatima Abdiqadir raised her three children as a single mother. She has worked as a travel consultant, a volunteer coordinator and more recently as a personal support worker.
Family members have described Layla Abdiqadir as prone to tantrums when she was a young child. There are also descriptions that she was shy, kind, and introverted with a good sense of humour. The children apparently had a normal childhood and report having been raised "in a good home", where love and support were offered. There is no record of any Children's Aid Society involvement with the family.
The family is Muslim. They attend the Mosque on Saturdays and observe Ramadan. The mother, Fatima, has shared that they are not that strict in their religion. There is no known history of mental illness or substance use disorder in the family.
In 2012, things changed for Ms. Abdiqadir when she received a diagnosis of psoriasis. This condition was debilitating for her. It affected many parts of her body. At the age of 16, it had a negative impact on her self-confidence and self-worth. She began to isolate herself from peers and became more reclusive. The mother tried everything, even taking a trip back to Somalia to try some herbal and homeopathic remedies, but without success. Ms. Abdiqadir went through a major turning point in her life. Later, in 2019, the family noticed a further decompensation in her mental status.
After completing high school, where teachers described her to have "strong character", Ms. Abdiqadir went on to study at the University of Ottawa. She reported being only a credit shy of completing first year when she dropped out. With family encouragement, she became motivated to resume her studies and wanted to move to Toronto to do so. Her mother moved to Toronto with her. However, only a few months into the first semester, the mother learned that Ms. Abdiqadir had dropped out and was no longer attending school. After eight months in Toronto, they moved back to Ottawa, to reside in an Orleans townhouse.
Ms. Abdiqadir has worked at Tim Hortons, Second Cup, Farm Boy, and Party Palace. In 2020, she worked at a Metro grocery store. Ms. Abdiqadir was described by her mother to be a good employee although, at times, she felt stressed by the intense work for low pay. Nevertheless, she had a strong work ethic, showing up on time and doing her job. Ms. Abdiqadir's mother is not aware of her daughter having ever been let go from any employment. During the Covid pandemic, she stopped working at Metro and collected CERB before applying for Ontario Works. While Ms. Abdiqadir was still living with the family in Orleans, she would contribute monthly rent of five hundred dollars and offer to help with the cost of groceries.
In January 2020, Ms. Abdiqadir suddenly told the family she was moving out. Packing her belongings, and with no job or plan, she left. She did not tell them where she was going. It appears that, for two months, she was in a City of Ottawa overflow shelter on Albion Road. Shelter staff later helped her obtain subsidized housing with Ottawa Community Housing (OCH).
During Dr. Hwang's earlier involvement with Ms. Abdiqadir, she asked the doctor to come to her dwelling to help her pick up some identification and bank cards. Ms. Abdiqadir reported she was not paying rent because it was "too expensive". The apartment was sparse, with just a mattress on the bedroom floor, a single chair in the living room and a prayer mat. Otherwise, the unit was tidy, holding no more than a few bags of clothing and bathroom toiletries, with food in the fridge.
During Ms. Abdiqadir's stay at the OCH apartment, she had concerns about the neighborhood and problems with pests in the unit. She did not feel safe interacting with neighbors and was concerned about increasing substance use in the area.
By the summer of 2023, Ms. Abdiqadir had to vacate the unit for non-payment of rent.
Following the second arrest, Ms. Abdiqadir resumed closer contact with her family. She would normally spend weekends at their home. The sister and brother helped with preparing meals and driving her to appointments. She reported enjoying spending time with family. Ms. Abdiqadir involved herself in physical activity, including attending the hospital gym. She increased her social contact with family friends and showed interest when participating in outpatient forensic group therapy programs.
Criminal History
- Ms. Abdiqadir has no previous convictions. A 2018 theft charge was withdrawn. Five counts of failing to comply with undertaking were withdrawn in 2022.
Psychiatric History
Before the index offences arose, Ms. Abdiqadir had never seen a psychiatrist. In 2022, Dr. Wood assessed her while she was still in custody.
A hospital social work assessment report from July 2023 mentions signs of depression and mental health difficulties following the 2012 diagnosis of psoriasis. The family reported that Ms. Abdiqadir would experience "voices in the basement". She would whisper to herself at times and became more religiously preoccupied. Her social isolation got to the point where she would spend almost all her time in her room. According to the mother, back then, Ms. Abdiqadir ate very little, sometimes only one meal daily. Ms. Abdiqadir would not sleep at night but would rest during the day. She developed beliefs that her family and others, even strangers, were against her. She was accusing family members of abuse and saying that people were "after her". When challenged by family members, Ms. Abdiqadir would respond with verbal aggression, stopping short of physical acts.
In 2022, Dr. Wood suspected Ms. Abdiqadir was experiencing something of a manic episode in the context of a likely bipolar illness. She briefly took antipsychotic medications while still in custody at the Ottawa Carleton Detention Centre, which helped her thoughts become more organized.
In May 2023, Ms. Abdiqadir was assessed by Dr. de Laplante. Based on his detailed examination, Dr. de Laplante concluded that the patient's symptoms seemed more consistent with Schizophrenia because they spanned a wide range of psychotic symptoms including delusions, hallucinations and thought disorder. As noted above, Dr. Hwang has more recently confirmed the diagnosis of Schizophrenia.
Following the court's NCR finding in October 2023, Ms. Abdiqadir maintained her stability. She attended all outpatient appointments. She no longer presented with hallucinations or delusions but still had some negative symptoms of the illness, although these had improved. Ms. Abdiqadir was not consuming any substances.
In last year's Board Reasons dated March 20, 2024, the Board noted that Ms. Abdiqadir had responded well to pharmacological treatment and was motivated to engage in further skills-based treatment in the near future. Her negative symptoms of Schizophrenia were described by Dr. Hwang as capable of improving over time with psychotherapy, which the outpatient forensic team was providing. At last year's hearing, Dr. Hwang testified that Ms. Abdiqadir did have an understanding of her mental illness, about her need to take medication for the long run, and that she should not use cannabis. Dr. Hwang was satisfied that should any problems arise with Ms. Abdiqadir's mental state, family members and the treatment team would notice. Last year, Dr. Hwang was of the view that a detention order was no longer needed. Instead, any risk to public safety could be managed by means of a discharge, with conditions.
Course in Treatment, January 2024 to January 2025
Ms. Abdiqadir has kept up contact and social involvement with her family and a small number of friends throughout the year. The family continues to provide support. She enjoys their company and has been staying with them most weekends.
In August 2024, Ms. Abdiqadir travelled alone to Sweden to visit extended family. The family in Sweden was made aware of her mental illness. The forensic mental health nurse provided them with education about symptoms which they needed to monitor and report. In all, Ms. Abdiqadir enjoyed four weeks in Sweden. During that time, she remained in weekly contact with the forensic outpatient nurse. There were no reported concerns from the nurse or from family during the trip abroad.
In September 2024, Ms. Abdiqadir started school. She attended and completed a fall term at Algonquin College, ending in December 2024. Ms. Abdiqadir completed six courses, all of which were assignment-based, with strict deadlines. She recognized that the course demands were, at times, overwhelming. She shared this with her attending psychiatrist, Dr. Hwang. Dr. Hwang submitted a support letter to the school seeking accommodation, such as flexible assignment dates. The school granted the request. Happily, Ms. Abdiqadir was able to successfully complete all six courses.
For the upcoming semester starting in January 2025, Ms. Abdiqadir is discussing alternative methods with her doctor and the family to help her complete the program. This could see her reduce school participation to two courses per semester or by taking a break in the winter term to resume studies in the summer of 2025.
Through the latter part of 2024, Ms. Abdiqadir and her family took steps to have her reintegrate completely into the home. In the last months of the year, she relocated most of her belongings to the family residence where she has her own room.
The hospital report notes that Ms. Abdiqadir's family would frequently attend her hospital appointments. They gave the treatment team supporting information about Ms. Abdiqadir's progress. The mother was the first person to observe a side effect (Dyskinesia) and to inform Dr. Hwang. The sister helped advocate for school accommodations. Ms. Abdiqadir was grateful for the family's contributions to her welfare.
Current Violence Risk Assessment
- Dr. Hwang made recent use of the HCR-20-v3 structured risk assessment tool. According to Dr. Hwang, Ms. Abdiqadir presents as a low risk of future violence. Having regard to the enumerated risk factors, including historical, clinical and dynamic risk, Dr. Hwang is of the opinion that Ms. Abdiqadir no longer represents a significant threat to the safety of the public.
Evidence at the Hearing
The Board also received direct expert testimony from Dr. Jiyoung Hwang, Forensic Psychiatrist associated with the ROMHC. Dr. Hwang is the author of the hospital report filed in evidence. She continues in her role as the patient's attending psychiatrist. In testimony before the Board, Dr. Hwang offered further explanations before responding to questions.
Dr. Hwang highlighted the patient's progress over the current reporting year. Ms. Abdiqadir has developed increasing insight into the nature of her illness and her need for treatment. Negative symptoms of Schizophrenia have now fully resolved. Overall, her Schizophrenia is presently in full remission.
In addition to confirming Ms. Abdiqadir's successes at travelling to Sweden and completing the fall semester at Algonquin College, Ms. Abdiqadir has obtained a driver's license. Dr. Hwang described Ms. Abdiqadir as having the ability to identify stressors in her life. She shows resilience and knows how to cope.
Ms. Abdiqadir complies with the medication regime. On a single occasion, when she forgot to take her oral psychiatric medication, and after realizing she had missed, Ms. Abdiqadir set up her own phone prompts to ensure she would not miss any further doses.
Dr. Hwang confirmed that family support continues. Ms. Abdiqadir has now fully transitioned to live full-time with her mother and siblings. Family members have faithfully reported side effects of concern. Dr. Hwang and Ms. Abdiqadir were able to work together, along with the family members, to successfully manage those concerns.
Dr. Hwang responded to questions from both counsel. Asked about Ms. Abdiqadir's response to stress, in the context of full-time school at Algonquin, Dr. Hwang confirmed that Ms. Abdiqadir did not show any emergence of symptoms during that difficult time. Ms. Abdiqadir was able to correlate her stress with the demanding course load. At the same time, she realized it was not healthy for her to completely stop school. Dr. Hwang advised the Board how this testifies to Ms. Abdiqadir's insight and resilience.
On the issue of substance use, Dr. Hwang confirmed that Ms. Abdiqadir has been providing required random urine drug screen samples, twice monthly. On every occasion, test results have been negative. This is consistent with Ms. Abdiqadir's self-report that she has not been experiencing any cravings for cannabis, which, in earlier years, had been a problem. According to Dr. Hwang, Ms. Abdiqadir has "true volition" to abstain from cannabis.
Asked about continuing psychiatric care should the Board no longer be involved, Dr. Hwang advised she will be available to serve as attending psychiatrist for the coming twelve months and for some time after. Presently, Ms. Abdiqadir does not require transition to any other form of community supports. For the past three to four months, she has been regularly seeing both Dr. Hwang and the hospital outpatient team members. Ms. Abdiqadir is agreeable to continue seeing Dr. Hwang. Her insight into the need to take medication is now internalized.
Dr. Hwang responded to questions from panel members. She expressed confidence that Ms. Abdiqadir will take her medication going forward, even in situations where new stressors may potentially arise. Dr. Hwang noted it is not yet necessary to set up contact with any other mental health resources. For now, they feel that, with family support and Dr. Hwang's continued involvement, things should go well. Ms. Abdiqadir does not have a family doctor. However, she does have access to services provided by the hospital nurse practitioner. In addition, the mother has been making efforts to find a family doctor.
Dr. Hwang was asked about any concern should Dr. Hwang no longer remain associated with the ROMHC. Dr. Hwang explained that, if she were no longer available, another ROMHC psychiatrist would be assigned to Ms. Abdiqadir's care.
The parties presented no further evidence.
Submissions of the Parties
- The Board was provided with a joint submission by all three parties, including the Crown representative, that Ms. Abdiqadir's case no longer meets the threshold of significant risk. Accordingly, all three participants agreed she should be granted an absolute discharge.
Conclusions and Disposition
Based on the encouraging evidence and the appropriate joint submission, the Board had no hesitation unanimously finding that Ms. Layla Abdiqadir no longer presents a significant threat to public safety. As stated by counsel, Ms. Konarowski, factors present a year ago have resolved. Other factors present in her case, are protective. These include the now internally held motivation by Ms. Abdiqadir to abstain from cannabis and to take prescribed medications.
The Board finds that despite a relatively short period in the fall of 2024, when Ms. Abdiqadir missed taking her oral psychiatric medications, the concern has resolved. Ms. Abdiqadir well appreciates this. She has taken realistic steps to ensure she will not again fall away from her treatment regime.
It is also clear how she has benefited greatly from the valuable advice and counselling provided to her, not just by Dr. Hwang, but also from her hospital treatment team members who attended the hearing to support her. It is furthermore most encouraging to note that Ms. Abdiqadir is blessed with a pro-social and compassionate family. It is to the credit of both Ms. Abdiqadir and her family members, that all have been able to work so collaboratively with Dr. Hwang and the hospital treatment team. We trust that the same level of confidence and involvement will continue for the months and years to come.
For these reasons, having regard to the fact that Ms. Abdiqadir no longer presents a significant risk to public safety, she is granted an absolute discharge.
We thank Dr. Hwang, the treatment team, and both counsel for their assistance.
We wish Ms. Layla Abdiqadir and her family the very best.
DATED this 17th day of March 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Hageraats Alternate Chairperson
Office of the Registrar
Ontario Review Board