Ontario Review Board
Re: Manout Dawo
ORB File No: 8104
Hearing held on: Wednesday, February 26, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse
Members: Dr. S. Lessard
Dr. G. Nexhipi
Mr. D. Sandor
Ms. K. Brisson
Parties Appearing: Accused: Manout Dawo Counsel: Ms. J. McKnight Person in charge of the hospital: Representative Dr. J. Gojer Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 2, 2025)
Introduction
[1]. On June 29, 2022, Manout Dawo was found not criminally responsible on account of mental disorder on a charge of assault cause bodily harm and utter threats contrary to the Criminal Code of Canada. Mr. Dawo is currently subject to a disposition of the Ontario Review Board dated October 16th, 2023, detaining him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (hereinafter referred to as “the Hospital”) with privileges up to and including that of living in the community in accommodation approved by the person in charge.
[2]. On February 26th, 2025, the Ontario Review Board convened at the Hospital to conduct Mr. Dawo’s annual review hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Dawo attended his hearing assisted by his lawyer Ms. J. McKnight.
[3]. The record for the hearing included the Notice of Hearing, a Pre-Hearing Conference Report dated November 20, 2024, Reasons for Adjournment dated November 4, 2024, the most recent Disposition under review and the Reasons for that Disposition. On the consent of all parties, a Hospital Report dated February 26th, 2025, was entered into evidence and filed as exhibit No. 1.
[4]. At the beginning of the hearing, the parties were canvassed for their initial positions. Mr. Dawo’s treating psychiatrist, Dr Gojer indicated an expectation that the evidence would not support a threshold finding of significant threat to the safety of the public as that term is defined in section 672.5401 of the Criminal Code and as it has been further explained by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. The representative of the Attorney General reserved on taking an initial position. Counsel for Mr. Dawo expressed her agreement with the Hospital that Mr. Dawo did not represent a significant threat and was entitled, as a result, to an absolute discharge. In the alternative she took the position that, if significant threat were established, the provisions of section 672.54 of the Criminal Code would be best satisfied by the granting of a conditional discharge with very few conditions.
[5]. At the end of the hearing, all parties agreed that the evidence did not sustain the threshold finding and indicated that Mr. Dawo was entitled to an absolute discharge. The Board recessed briefly to discuss the evidence and came to the unanimous conclusion that the joint submission was appropriate. Mr. Dawo was advised of the granting of the absolute discharge orally. What follows are the reasons supporting that ruling.
Evidence at the hearing
[6]. The evidence at the hearing came primarily through the Hospital Report mentioned above and via the oral testimony offered by Dr Gojer.
[7]. Turning first to the Hospital Report, it is cumulative in nature and contains a summary of the index offences as recorded in previous Reasons for Disposition.
On Wednesday, 29 December 2021, the accused, Dau Manout Goab DAWO entered the residence located at 24 Hammill Crt in the City of Ottawa.
The accused was known to reside at 24 Hammill Crt but was kicked out 2 days prior. It was stated to police that the accused used a key to enter the residence this morning.
The accused entered the victim, Aok Dang Bol DANG's bedroom while she was sleeping.
Upon entering the bedroom, the accused was agitated and aggressive, he hit the victim in the face and head with his hand. The accused then pulled the victim off her bed and onto the ground where he began to use his foot to kick her head, while saying ‘I'm going to kill you.’ These actions resulted in the accused being charged for the offences of Assault Cause Bodily Harm contrary to Section 272 (1)(c) of the Criminal Code of Canada & Utter Threats contrary to Section 264.1 (1)(a) of the Criminal Code of Canada.
The victim had two bumps on her forehead along with swelling, and blood was coming from her nose. She had swelling along the back of her head as well as the right side of her neck near her jaw. The victim stated feeling pain on her right upper arm from being pulled to the ground and had a cut on her left thumb.
The victim identified the accused as her son and stated that he has mental illness. The accused was later identified through an Ontario Driver’s License.
The accused has multiple encounters with Police regarding Mental Health. The victim stated that the accused is currently taking medication for mental illness and that he is diagnosed with bipolar disorder.
Following his release, Mr. Dawo was involved in further criminal activity, including theft under $5000, an assault where he grabbed a stranger he met on the bus by the arm, and incident where he activated a fire alarm leading to the evacuation of several individuals from their apartment building. Mr. Dawo’s major mental illness figured prominently in the commission of each of these offences.
[8]. Mr. Dawo’s personal history is set out in the hospital report. He is 25 years old and originates from Sudan. He has been described as reserved and shy, but not asocial. He is part of a large family that includes 6 siblings. He completed high school in Ottawa where he did well academically and athletically. He has a history of employment, primarily in restaurants in various capacities through to 2021 when his employment was interrupted as a result of mental health issues that led to his hospitalization at the Queensway Carleton Hospital on two occasions for a cumulative period of 7 weeks.
[9]. The Hospital Report explains that historically Mr. Dawo has been noncompliant with oral anti-psychotic medications, but that he has done extremely well since being prescribed his current long-acting injectable antipsychotic at his current dose. Since then, Mr. Dawo has not manifested primary symptoms of his major mental illness. He has been assiduous with his medication regimen, and has expressed and manifest insight across all domains. The update contained in the Hospital Report explains that Mr. Dawo understands the nature of his mental illness, his need for medications, and the threat his mental illness would pose to the public should he become noncompliant with treatment recommendations. The Hospital report also suggests that Mr. Dawo has a strong therapeutic alliance with the treatment team as well as with the staff at his former group home, located across the street from his current residence. It appears from the reading of the Hospital Report that Mr. Dawo has developed strong attachments to these supports to the point where he values those relationships in a manner that exceeds the external influence of any Board dispositions.
[10]. The Hospital Report also comments on the distinction Mr. Dawo draws between his current living circumstances and those he experienced in the shelter system. The latter he has described as “terrible.” He is happy now with his life and living circumstances and has described feeling as though “he has returned.” The Hospital Report sets out notable progress from 2023 through to the most recent review period. Beginning at page 58, its update for the purposes of this hearing describes consistent attendance at scheduled meetings, exemplary engagement in groups, a positive attitude, the assumption of appropriate leadership roles during group activities and progress by Mr. Dawo in exploring leisure interests. He has demonstrated independent living skills and has made efforts to strengthen his relationship with his family. He has been reconnecting with friends and successfully transitioned into his current housing. He has not exhibited any psychotic symptoms. While his formal diagnosis in the Hospital Report is noted as “schizoaffective disorder,” Dr Gojer clarified in his evidence that Mr. Dawo is more properly diagnosed with bipolar disorder.
[11]. Dr Gojer further testified with confidence that, absent a disposition, Mr. Dawo would continue to engage with the Hospital and with community mental health supports. He provided a fulsome tally of community supports all of which are valued by Mr. Dawo. He explained that the Hospital would continue to provide services and supports, including administration of Mr. Dawo’s long-acting injectable in the absence of a disposition. He also indicated that, in the year following an absolute discharge, the Hospital would connect Mr. Dawo with the services of the Canadian Mental Health Association. While he did confirm that, in the absence of medication, Mr. Dawo would be subject to very rapid decompensation that would expose the public to significant risk, it was unlikely that Mr. Dawo would cease current levels of compliance that have been maintained now for over three years. Again, Dr Gojer described the protective value Mr. Dawo places on his relationships with the Hospital, the treatment team, and group home staff where he used to live.
Submissions
[12]. As mentioned, at the end of the hearing the parties offered a joint submission that the evidence did not establish that Mr. Dawo represented a significant threat to the safety of the public. The Hospital highlighted the sustained progress Mr. Dawo has made since being on his long-acting injectable at its current dose. The representative of the Attorney General indicated that, while Mr. Dawo was subject to rapid decompensation if he became noncompliant with his medication, the evidence nonetheless established a level of insight into both mental illness and the need for treatment that any conclusion that Mr. Dawo continued to represent a significant threat to the safety of the public would be speculative and inconsistent with the Winko standard. Counsel for Mr. Dawo highlighted his progress and described it as “remarkable.”
Analysis and Conclusion
As noted, the panel agrees entirely. For the threshold finding of significant threat to be attained, the evidence must positively establish not simply that an individual lives with major mental illness, but that any factor associated with that illness is directly tied to a significant threat to the safety of the public. The conclusion must be drawn from logic and experience, drawing on the patient’s history, circumstances, the nature of the index offences, and a multitude of other factors all of which lead a panel to a determination of significant threat with a high degree of certainty. As described by the Supreme Court of Canada in Winko, the threshold is a serious one, not met by inference or by speculation.
As stated by his counsel, Mr. Dawo has made remarkable progress. He has maintained medication compliance for a period of years. He has demonstrated that he values the relationships he has formed with mental health supports over the course of his experience under the jurisdiction of the Ontario Review Board. He expresses insight into both his mental illness and his need for ongoing treatment. These factors are, in our view, highly protective particularly in light of the fact that his valuing of the relationships and insight appears to be internally driven. Mr. Dawo will benefit from ongoing support in the community and from the friendships and relationships he has developed over the past number of years. It is our expectation that this will all support his ongoing commitment to treatment and engagement with mental health professionals such as those found at the Hospital. The panel is unable to conclude, under the circumstances, that the evidence would establish anything other than a granting of an absolute discharge.
The panel congratulates Mr. Dawo again, and expresses its appreciation to the Hospital, the treatment team, and all who have assisted in this hearing. We wish Mr. Dawo success in all of his future endeavours.
DATED this 2nd day of April, 2025, at the City of Toronto, in the Toronto Region.
Mr. D. Sandor Legal Member
Office of the Registrar
Ontario Review Board