Ontario Review Board
Re: Najbahat S. Gaji
ORB File No: 7969
Hearing held on: Monday, January 20, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. J. Mills
Members: Dr. P.L. Darby
Dr. G. Stones
Ms. M. Chamberlain
Ms. B. Naegele
Parties Appearing:
Accused: Najbahat S. Gaji
Counsel: Mr. M.A. Reynolds (via Zoom)
The person in charge of hospital: Representative: Ms. T. Newman
Attorney General of Ontario: Counsel: Ms. K. Staats
REASONS FOR DISPOSITION
(Dated March 26, 2025)
On November 10, 2021, Mr. Najbahat Gaji was found not criminally responsible on account of mental disorder for multiple counts of assault with weapon, possession of weapon for dangerous purpose, uttering death threats, assault bodily harm, and failure to comply with his Interim Release Order, contrary to the Criminal Code of Canada, (the “Criminal Code”).
Mr. Gaji is subject to a disposition of the Ontario Review Board (the “Board”) dated February 8, 2024, detaining him at Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs, Penetanguishene (“Waypoint” or the “Hospital”), with hospital grounds privileges, beyond the secure perimeter, escorted by staff.
On Monday, January 20, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Mr. Gaji, was represented by his counsel, Mr. Reynolds, who appeared by Zoom video conference. Mr. Reynolds requested permission for his client to be absent from the hearing as he did not wish to attend. The Board permitted him to be absent as allowed by s. 672.5(10)(a) of the Criminal Code.
Position of the Parties
At the outset of the proceedings, the parties were canvassed as to their respective positions on the two issues to be examined by the panel: whether Mr. Gaji represents a significant threat to the safety of the public and, if so, the necessary and appropriate disposition having regard to the criteria set out in s.672.54 of the Criminal Code.
Ms. Newman, on behalf of the Hospital, submitted that Mr. Gaji continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order. Ms. Staats, on behalf of the Ministry of the Attorney General, and Mr. Reynolds concurred in the hospital’s position. Thus, a joint recommendation was put before the panel. All parties maintained these positions at the conclusion of the hearing.
Index Offences and Background:
- The circumstances of the index offences are taken from the most recent Reasons for Disposition, as follows:
“On Thursday August 27, 2020, the victim Social Worker, attended 23-6 Vendome Place on a scheduled visit with the accused. While at the address the victim was in conversation with the accused mother regarding the possibility of the accused providing blood work as he is currently prescribed Lithium. The accused having heard this conversation became upset as he has no interest in getting any blood drawn and confronted the victim Social Worker – eventually screaming "I am going to kill you".
The accused then entered the kitchen and collected a drawer. The accused then used the drawer to assault the victim Social Worker by slamming the drawer over her head at least 10-12 times. The accused targeted her head throughout the entire assault. The kitchen drawer eventually broke after the repeated strikes to her head. The accused collected a piece of the drawer and continued his assault again striking her repeatedly over her head. Continuing with the assault, the accused picked up a floor fan and again continued the assault by striking her over the head. The accused then collected a chair and again continued the assault by striking her over the head. She was in a fetal position on the floor when the accused began to strike her about the back and sides by kicking her. The accused screamed, "I am going to kill you". She was able to tell the accused she would leave, and she would not call the police, which allowed her to escape the home and the assaults from the accused. It was determined that the victim suffered a broken right wrist, a concussion and various cuts and abrasions. Police responded to the address and located the accused and he was placed under arrest.”
Mr. Gaji is a 39-year-old man. He identifies as Black and was born in Kenya. He immigrated to Canada with his mother and two siblings when he was eight years old.
The Hospital Report notes that Mr. Gaji has the following diagnoses:
Schizoaffective disorder, bipolar type
Unspecified substance related disorder; and
Intellectual disability.
Evidence at Hearing:
- Mr. Gaji’s progress since his last annual review is summarized in the Hospital Report dated December 3, 2024 as follows:
“Over the course of this review period, Mr. Gaji has demonstrated limited insight into his mental illnesses, his need for medication and his behaviour demonstrates a failure to appreciate the risk that he poses towards others. Over this review period, Mr. Gaji has repetitively exhibited challenges towards his medication routine and has required significant support and encouragement to be as compliant with his medications as he was. While Mr. Gaji has had several violent incidents of threatening behaviour over this review period, he continued to have little motivation to address the factors that lead to violent incidents and has failed to address salient and pertinent risks, such as his drug use, his symptom management and his lack of emotional regulation skills.”
Dr. Ismail testified that he took over Mr. Gaji’s care about a week ago. He informed the Board that he had reviewed the clinical notes, as well as the Hospital Report including the risk assessment, and was in agreement with the Hospital’s recommendation.
Dr. Ismail noted that Mr. Gaji’s previous doctor, Dr. Muraven, had had a difficult time assessing Mr. Gaji as he was guarded and unwilling to interact with her. Dr. Ismail stated that he had a similar experience and therefore it is difficult to have a full assessment of his mental status. Mr. Gaji has refused to provide consent for the team to work with developmental services nor has he been willing to engage in a neuropsychological assessment
The Hospital recently increased Mr. Gaji’s Paliperidone medication. The Hospital is hopeful that Mr. Gaji will become less manic. Mr. Gaji continues to have some hallucinations, paranoia, hypersexuality, and has made violent threats towards other patients and staff. Mr. Gaji’s mother is his substitute decision maker and has consented to Clozapine. Unfortunately, Mr. Gaji refuses to engage in the required bloodwork and therefore is not taking this medication.
Mr. Gaji was transferred to the Awenda program which is a unit for individuals with intellectual disabilities. The Hospital staff have been more successful in getting Mr. Gaji to take his medication on this unit. He has not been placed in seclusion since the move although there have still been a number of threats of aggression. On Awenda, Mr. Gaji spends time with his peers and participates in various social groups and activities. He does not engage in clinical meetings.
Mr. Gaji’s mother and family are very supportive of him. Unfortunately, Mr. Gaji’s mother has cancer and has not been able to visit him for some time.
Mr. Reynolds questioned why the Hospital was not recommending a transfer to Ontario Shores as had been recommended at Mr. Gaji’s hearing last year. Dr. Ismail stated that Mr. Gaji is not ready for a transfer at this time. He continues to have active psychotic symptoms and is refusing any programming to address his illness.
Dr. Ismail felt that the staffing ratios at Waypoint as well as the high secure setting is the most appropriate for Mr. Gaji. He felt that Mr. Gaji continued to require the highly structured program at Waypoint.
One Board member noted that the HCR-20 referenced a diagnosis of anti-social personality disorder but this was not listed as one of Mr. Gaji’s current diagnoses in the Hospital report. Dr. Ismail stated that this needed to be clarified.
Analysis and Conclusions
Significant Threat
- There is no dispute among the parties that Mr. Gaji continues to pose a significant threat to the safety of the public. The Board makes a finding of significant threat and relies on the following assessment contained in the Hospital Report:
“Mr. Gaji has a long history of violence in the context of medication nonadherence. In the absence of oversight of the Ontario Review Board system, Mr. Gaji is likely to discontinue medication and experience a worsening of symptoms of psychosis. He is also at risk for substance use which would additionally exacerbate his symptoms. When experiencing significant symptoms of psychosis in the community, Mr. Gaji has perpetrated significant physical violence against his family, healthcare workers and random individuals in his community. Mr. Gaji also poses a specific threat to the children in his environment.”
Necessary and Appropriate Disposition
- The Board finds that the necessary and appropriate and least onerous and least restrictive disposition is a continuation of the current disposition. The Board is in agreement that Mr. Gaji continues to require the support and monitoring of the high secure forensic program to manage his risk to the safety of the public. As noted in the Hospital Report:
“Mr. Gaji has been transferred to a unit where he receives specialized care as a person with a significant mental illness as well as developmental disability. On this unit, Mr. Gaji continues to require a high level of support and experiences a high degree of mood instability.”
- Notwithstanding that Mr. Gaji continues to experience symptoms of his psychosis, he has made some meaningful gains in the last year and it is hoped that he will continue to do so in the coming year.
DATED this 26th day of March 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Chamberlain
Legal Member
Office of the Registrar
Ontario Review Board