Re: Nicholas Hosein
ORB File No: 7471
Hearing held on: Thursday, March 6, 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: Nicholas Hosein Counsel: Ms. J. Boissonneault
The person in charge of hospital: Counsel: Ms. J. Szabo (via Zoom)
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated March 19, 2025)
Introduction
On December 27, 2018, Nicholas Hosein was found not criminally responsible on account of mental disorder (“NCR”) on charges of criminal harassment and failure to comply with condition of judicial release, contrary to the Criminal Code of Canada (the “Criminal Code”).
On March 6, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Hosein’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Hosein was ordered detained within the Forensic Service at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the hospital”), with privileges up to and including indirectly supervised community passes within a 150-kilometre radius of Ontario Shores.
Mr. Hosein was present for his hearing. He was represented by counsel, Ms. Jocelyn Boissonneault, throughout the proceedings.
A Hospital Report dated February 14, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Hosein 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. Hosein continues to represent a significant threat to the safety of the public. The Board finds that a hybrid Detention Disposition at 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. Hosein’s mental health, reintegration into society, and his other needs.
Current Psychiatric Diagnoses
- Schizophrenia; and
Cannabis Use Disorder
Position of the Parties
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital took the position that Mr. Hosein continues to represent a significant threat to the public and the necessary and appropriate Disposition is a continuation of the current Detention Disposition on the same terms as last year. Alternatively, Ms. Szabo requested that a ‘hybrid’ Disposition be stated if the Board feels it necessary to state the security level within the Disposition.
Counsel for the Attorney General, Ms. MacDonald, took the position that Mr. Hosein continues to represent a significant threat to the public and requested a continuation of the Detention Disposition on a Secure Unit or, alternatively, a hybrid disposition.
Counsel for Mr. Hosein, Ms. Boissonneault, conceded significant threat and agreed with the hospital’s recommendations with the exception of clauses 4(f) and 4(g) of the Disposition, which she requests be removed from the Disposition.
Index Offence
- The Hospital Report sets out the details of the circumstances surrounding the index offences, which were taken from the Durham Regional Police Service Plea of Guilty Synopsis, as follows:
“Criminal Harassment
Between the dates of September 21 2018 and October 9 2018, the accused, Mr. Nicholas Hosein, did, without lawful authority and knowing another person, namely Ms. Jennifer Chorney, was harassed or recklessly as to whether that person was harassed, engage in criminally harassing behaviour towards Ms. Chorney and did thereby cause in all the circumstances Ms. Chorney to reasonable fear for her personal safety, contrary to section 264, subsection (1), of the Criminal Code of Canada and Amendments Thereto.
Between the dates of September 21 2018 and October 9 2018, Mr. Hosein sent numerous messages through Facebook messenger to Ms. Chorney. As a result of the continued communication, attempts by Mr. Hosein, Ms. Chorney was fearful of Mr. Hosein and was unsure as to what he was capable of. Despite never been in an intimate relationship, messages indicated love for Ms. Chorney and despair for receiving no response.
Fail to Comply with Recognizance
Between the dates of September 21 and October 9 2018, Mr. Hosein did, while being at large on a recognizance entered into before a justice and being bound to comply with a condition thereof, namely “Do not possess or use any computers or any other devices that has access to the Internet or other digital network”, fail, without lawful excuse, to comply with that condition, contrary to Section 145, subsection (3) of the Criminal Code of Canada and Amendments thereto.
Between those dates, Mr. Hosein sent messages to Ms. Chorney through Facebook Messenger therefore; Mr. Hosein accessed the internet, failing to comply with the above-mentioned condition.
Fail to Comply with Recognizance
Between the dates of September 21-October 9 2018, Mr. Hosein did, while being at large on a recognizance entered into before a justice and being bound to comply with a condition thereof, namely “Do not contact or communicate in any way either directly or indirectly, by any physical, electronic or other means with the following: Jennifer Chorney or any member of her immediate family”, fail, without lawful excuse, to comply with that condition, contrary to Section 145, subsection (3) of the Criminal Code of Canada and Amendments thereto.
Between those dates, Mr. Hosein sent Facebook messages to Ms. Chorney therefore failing to comply with the above-mentioned condition.”
Background and History
The Hospital Report contains extensive information regarding Mr. Hosein’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
Mr. Hosein is a 42-year-old single man with no dependants. He was born in Trinidad. He immigrated to Canada at age six.
Mr. Hosein went to Lakehead University after high school and studied physics. He became infatuated with a female student who lived in the same university residence. He followed her and sent her messages until he was evicted from the residence but he continued to attempt communication with the female student. He was eventually charged criminally with harassment and expelled from university.
Mr. Hosein has prior criminal charges including convictions for criminal harassment in 2005 (as described in the above paragraph) and two counts of criminal harassment in 2017 along with two counts of failing to comply with an undertaking (also in 2017). The 2017 convictions apparently relate to harassment of the same woman he had harassed at Lakehead University.
Mr. Hosein has had various jobs ranging from telemarketing to factory work. His longest period of employment was seven months. Mr. Hosein has been supported by the Ontario Disability Support Program (ODSP) since 2013.
Mr. Hosein had numerous psychiatric admissions to hospital commencing in 2004. His diagnoses often included schizophrenia, marijuana abuse, and cannabis dependence.
Course Since Last Disposition
Mr. Hosein’s had persistent grandiose delusions of being a “great genius” previously predicted by Nostradamus. He would discuss this with people on religious forums on the internet.
While residing on the Forensic Community Reintegration Unit, Mr. Hosein earned indirectly supervised hospital grounds privileges to attend the hospital library. On August 6, 2024, Mr. Hosein ingested cannabis gummies and his mental status rapidly declined. This resulted in various assaults against staff, including punching a staff member in the face. He was transferred to the Forensic Treatment Unit (FTU) quiet room and then, on the same day, to the Forensic Assessment Unit (FAU) for stabilization.
While on FAU, he was cooperative with medications. He continued to think that cannabis enhanced his intellect and that he had made scientific discoveries while under the influence of cannabis. He was transferred to the Forensic Assessment Rehabilitation Unit (FARU) on September 11, 2024, and has remained on that unit since that date.
Late in 2024, Mr. Hosein sent numerous voice mails to Dr. Harrigan expressing his wish to discontinue his long-acting injectable medication. He associated the medication with nightmares he was having. In January 2025, he left several voice mails to Dr. Harrigan insisting that he doesn’t have a mental illness, that he will not work with authority figures who don’t agree his medications cause his nightmares, and he will “not be responsible” for what might happen if he is administered his medication. Fortunately, Mr. Hosein was compliant with his next long-acting injection and thereafter. On January 22, 2025, Mr. Hosein was introduced to the sleep log diary and Progressive Muscle Relaxation, which he practices twice daily with unit staff. His threatening voice mails have stopped since the implementation of these techniques.
Mr. Hosein has engaged in numerous programs over the past year and has been attending behaviour therapy. He has remained highly engaged in treatment. Since January 2025, Mr. Hosein reported significant distress related to weekly nightmares. To address that concern, Image Rehearsal Therapy (IRT) has been implemented. With support and encouragement, he has consistently engaged in the initial phase of the treatment protocol.
Housing options have not been explored this year because Mr. Hosein does not have community living in his Disposition.
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. Clare Harrigan, Mr. Hosein’s psychiatrist and author of the Hospital Report. Mr. Hosein also gave oral evidence.
Dr. Harrigan testified that a classic hybrid order is necessary and appropriate because Mr. Hosein is now receiving IRT and has completed an autism assessment (which could point to new communication and treatment strategies that will hopefully motivate him to increase the frequency of the long-acting injectable medication to every ten days). These therapies may assist to move him forward to a General Unit this year toward the latter part of the year, possibly in nine months.
Before transferring Mr. Hosein to a General Unit, the treatment team would need to see an improvement in his insight, an optimization of his medication, appropriate programming, and a gradual introduction to the use of passes.
Mr. Hosein’s subjective complaints of nightmares decreased once IRT was added to his treatment regimen.
Mr. Hosein continues to experience delusions related to scientific theories, which when challenged makes him very irritable. There have been no erotomaniac delusions or auditory hallucinations since he was transferred to the FARU. He has returned to his baseline with no ongoing residual symptoms.
Mr. Hosein’s insight remains underdeveloped in terms of how cannabis has contributed to his difficult behaviours.
Dr. Harrigan testified that she does not want clause 4(f) and 4(g) removed from the Disposition because his index offences arise from harassment using the internet and electronic devices. He currently has a lot of difficulty adhering to these terms of the Disposition. He uses aliases when he is locked out of participation in the forums by the moderators. He would be at high risk of contacting the victim of the index offence and engaging in behaviours similar to the index offence if these clauses were removed from the Disposition.
If his autism assessment finds that he is on the autism spectrum, there are therapies to help Mr. Hosein develop communication skills and strategies and may help develop his insight into his illness and the risk of cannabis use.
In response to Ms. Boissonneault’s questions, Dr. Harrigan confirmed that Mr. Hosein has not attempted to contact the victim since November 2023.
Mr. Hosein has an interest in pursuing post-secondary education. The hospital is looking at a guided learning course for him. Therefore, the hospital’s IT service is working on updating the website so that Mr. Hosein can use a tablet with access only to that guided learning site. Mr. Hosein will require more than 30 minutes of the internet to be able to take the courses. 30 minutes is currently his daily permitted maximum.
Dr. Harrigan testified that Mr. Hosein has, to date, been unable to alter his behaviours online, which has restricted the ability of the treatment team to offer him increased internet time. He was on one forum that said they considered his interactions to be harassment, though Dr. Harrigan confirmed that this was not necessarily criminal harassment.
Dr. Harrigan testified that, with the potential new diagnosis of autism on the horizon, she considers this to be exceptional circumstances for a hybrid order to be put in place.
In response to the panel’s questions, Dr. Harrigan testified that Mr. Hosein frequently exercises staff accompanied hospital grounds and community passes.
Mr. Hosein is incapable of making his own psychiatric treatment decisions. His mother is his substitute decision maker. His mother visits with him in hospital. His father recently applied to become an Approved Person.
Mr. Hosein testified that he created a new username for the internet forum he was banned from in order to be able to gain access to it. When asked why he would do this, he explained that the internet gives him a glimpse of freedom everyday through that window to the world. He stated that this site banned him for swearing and being aggressive. He acknowledged that, in the past, he was banned because he was incoherent. He says his thought processes have improved over the years, but not because of the psychiatric medication. He states that cannabis enhanced his thought processes.
Analysis and Conclusions
Significant Threat
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board independently finds that Mr. Hosein remains a significant threat to the safety of the public. Significant threat was not at issue in this hearing.
Mr. Hosein suffers from schizophrenia and cannabis use disorder. He continues to exhibit residual symptoms of schizophrenia, including grandiose delusions and disorganized thinking. He believes that cannabis enhances his intellect, and he has limited insight into how his use of cannabis contributed to past violence. His recent decompensation in mental status following the ingestion of cannabis gummies evidences the fragility of his mental state and assaultive interactions when he uses cannabis.
Mr. Hosein carried out the index offences while actively symptomatic.
Mr. Hosein continues to require strict supervision when he uses a computer. He deceptively attempts to access websites that are not included in his care plan.
Mr. Hosein’s insight into his illness is lacking and he often asks to stop his antipsychotic medication. His medication refusals escalated to leaving hostile voice mail messages for Dr. Harrigan, ultimately requiring that security be present on the unit when medication is administered.
Necessary and Appropriate Disposition
In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year.
Page 63 of the Hospital Report points out that there is no air of reality to Mr. Hosein being discharged to the community in the coming year. Mr. Hosein has violated rules regarding computer use and at times engaged in behaviours on the computer that have resulted in suspension of this privilege, he has used cannabis despite the prohibition in his ORB Disposition, he has been violent against hospital staff, and he has engaged in threatening communications against his psychiatrist this year. A Detention Disposition is necessary to manage his risk in the coming year and is the least onerous and least restrictive disposition to manage his significant risk.
Terms of the Disposition already allow for expansion of terms 4(f) and 4(g). Removal of these terms is not appropriate. Mr. Hosein’s use of the internet in hospital has been considered harassment by at least one internet forum visited by Mr. Hosein and resulted his expulsion from that site, despite supervision. The hospital is working toward a solution to ensure that Mr. Hosein will be able to have access to the internet on a tablet with access only to the educational courses.
There are exceptional circumstances that would allow for a hybrid order. His autism assessment results are coming soon. Dr. Harrigan believes that this assessment is leaning toward a finding of autism. In light of the possibility of a new diagnosis that would open up additional treatment possibilities, Dr. Harrigan believes that Mr. Hosein may be ready to move to a General Forensic Unit this year.
The Board finds that the necessary and appropriate, least onerous and least restrictive Disposition is “hybrid order”, specifically a Detention Disposition with the Secure Forensic Service with discretion of the person in charge of the hospital to transfer Mr. Hosein to a General Unit of the Forensic Program at Ontario Shores, with no change to the other terms.
DATED this 19^th^ day of March, 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Murray
Legal Member
Office of the Registrar
Ontario Review Board