Re Yohannes Z. Reda, 2025 CanLII 28968

Ontario Review Board

Re: Yohannes Z. Reda

ORB File No: 7067

Hearing held on: Thursday, February 27, 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: Yohannes Z. Reda

Counsel: Ms. M. Munsterman

Person in charge of hospital: Representative: Dr. M. Strike

Attorney-General of Ontario: Counsel: Mr. J. Wright

REASONS FOR DISPOSITION

(Dated April 2, 2025)

Introduction

1. On November 25^th, 2016, Yohannes Z. Reda, was found not criminally responsible on account of mental disorder on charges of assault with a weapon, assault, utter threats to cause death and causing a disturbance all contrary to the Criminal Code of Canada.

2. Mr. Reda is currently subject to a disposition of the Ontario Review Board dated November 14^th, 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.

3. On February 27^th, 2025, the Ontario Review Board convened a hearing at the Hospital to review Mr. Reda’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Reda was present at his hearing assisted by his lawyer, Ms. M. Munsterman. No interpreter being available, Ms. Munsterman confirmed Mr. Reda’s ability to understand and communicate in English. This ability was also confirmed by Mr. Reda’s treating psychiatrist, Dr Strike.

4. The record for the hearing included the Revised Notice of Hearing, Reasons for Adjournment dated November 4, 2024, the most recent Disposition and the Reasons for that Disposition. On the consent of all parties a Hospital Report, dated February 15, 2025, was entered into evidence and marked as exhibit 1.

5. The parties were canvassed for their initial positions at the hearing’s outset. Dr Strike, speaking for the Hospital took the position that Mr. Reda continued to represent a significant threat to the safety of the public as that term is defined in section 672.5401 of the Criminal Code of Canada 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. She further took the position that a continuation of the reigning detention disposition was necessary and appropriate having regard to the objectives set out in section 672.54 of the Criminal Code, and that the evidence would support an extension of privileges related to Mr. Reda’s ability to travel to visit family on an itinerary approved in advance by the person in charge of the Hospital.

6. The representative of the Attorney General and counsel for Mr. Reda both indicated expected agreement with the Hospital’s position on all issues.

7. For the reasons that follow, the panel has concluded that the joint submission is appropriate. While Mr. Reda does continue to represent a significant threat to the safety of the public, and while the Board’s primary objective of ensuring the safety of the public necessitates a continuation of the reigning detention order, the other objectives of ensuring that Mr. Reda’s mental health and other needs, including the ultimate objective of reintegration into the community, warrant the extension of privileges proposed by the parties.

Evidence at the hearing

8. The evidence at the hearing came primarily from two sources – the Hospital Report filed as exhibit 1 and the live testimony offered by Dr Strike.

9. Turning first to the Hospital Report, it is cumulative in nature and includes a summary of the index offence as also contained in previous years’ Reasons for Disposition.

At 8:10 p.m., on July 2, 2015, the accused Yohannes Reda, was walking northbound on Bank Street near Third Avenue in the City of Ottawa.

Reda was gesturing violently and ranting to a passersby, threatening to kill or harm them. Reda approached Leeza Kagan, a 10-year-old girl and, collecting his saliva in his mouth, Reda then spat at Kagan, nearly missing her face. Kagan, scared, ran into the Metro grocery store located at 754 Bank St. Reda continued threatening the individuals while walking northbound on Bank Street.

Walter Toffolo observed the incident and contacted police while following Reda. Walter Toffolo (a male individual) endured the incident. Reda makes several comments to Walter Toffolo and contacted the police. Reda proceeded to make a fist with his thumb sticking out and made a slashing gesture with his thumb across his neck. Walter Toffolo felt threatened and created some distance between Reda and himself

Reda continued northbound on Bank Street, stopping at First Avenue. Reda collected some fist-sized stones from a rock garden at the intersection. Reda proceeded to threaten an unidentified woman and male. Reda attempted to strike the woman, who managed to duck out of the way and fled the scene. Reda continued northbound on Bank Street.

Reda once again stopped and turned towards Walter Toffolo. Reda pointed at the witness and once again gestured to slash his throat using his thumb. Reda then proceeded to make a throwing motion towards Walter Toffolo with a stone in his hand. Reda did not release the stone and Walter Toffolo was not struck. Reda walked behind a structure and re-emerged later a moment later with no stones."

10. The Hospital Report also includes details as to Mr. Reda’s personal and family history. He first arrived as a refugee from Eritrea in 2003 and has resided in Ottawa since 2004. His refugee experience was traumatic and was preceded by the death of his father at the hands of the Ethiopian government that was in power at the time. He was married in his twenties in Eritrea for two years and has no children. He has little to no contact with his former wife who is believed to reside in Sudan. He does have a stepmother, his late father’s second wife, who resides in Saudi Arabia. His biological mother lives in Eritrea with her family and is struggling with her health. Mr. Reda has two late brothers and two half-sisters who live in Scandinavia.

11. Mr. Reda also has a “cousin” that has provided him with significant support over the past number of years - Rosina Kidane. She and Mr. Reda do not have a blood relationship, but their grandfathers were close friends. She has been supportive of Mr. Reda and his struggles with major mental health issues since November 2016. With other members of the community, Ms. Kidane has tried to help Mr. Reda with his abuse of alcohol and struggles with homelessness. She has visited him at the hospital, has provided the treatment team with details associated with Mr. Reda’s history, and has indicated a willingness to provide some support for him, short of accommodations, in the future. She has also confirmed the whereabouts of some members of Mr. Reda’s family, including a maternal uncle who lives in Texas who has expressed his wish to visit Mr. Reda in Ottawa at some point.

12. Mr. Reda has never worked in Canada and has been receiving social assistance for more than 5 years. For a considerable period of time, he has been staying in the Salvation Army hostel and other shelters. He currently receives support through the Ontario Disability Support Program. He has reported never having had a birth certificate so that his noted date of birth is an assumed date assigned to him by the nuns where he went to school. The Hospital Report notes that he is older than his date of birth would indicate.

Criminal History

13. The Hospital Report details Mr. Reda’s involvement with the criminal justice system. He has a record of convictions as follows:

2009-06-05 - 1. Causing a Disturbance

2. Failing to Comply with Undertaking

3. Failing to attend Court

4. Failing to Comply with Recognizance

2011-09-06 1. Failing to Comply with Recognizance

2. Assault

2011-11-18 1. Assault

2012-09-10 1. Assault

Psychiatric History

14. Mr. Reda has a history of major mental health issues going back to 2011 when he was admitted to the Royal Ottawa Hospital on a 30-day assessment order issued by the court. At that time, he was diagnosed with paranoid schizophrenia and alcohol use disorder. He was found unfit to stand trial and a treatment order was recommended. At that time, he was untreated with any medication. At the time of the commission of the index offences, he was noncompliant with recommended treatment. His current diagnoses are

15. Schizophrenia, multiple episodes, currently in full remission

16. Alcohol Use Disorder

17. Post-traumatic stress disorder.

18. The Hospital Report includes a helpful update, beginning at page 53. It explains that Mr. Reda’s mental state has not changed. He continues to attend the forensic outpatient department as scheduled every four weeks for his long-acting antipsychotic injection. He has not, over the course of this review period, manifested any positive symptoms of schizophrenia. While he has not presented in any intoxicated state, and while his group home staff has not reported incidents of concern, he has still frequently tested positive for alcohol use. His engagement with the treatment team is superficial. He requires support with executive functioning and hygiene.

19. The Hospital Report also includes a Violence Risk Assessment, beginning at page 55. It sets out historic risk factors for violence. These include a history of problems with violence, antisocial behaviour, relationships, employment, substance use, major mental disorder, traumatic experiences and problems with treatment and supervision response. It does speak positively with regard to clinical factors, noting that Mr. Reda no longer presents with recent symptoms of major mental illness. It says that his response to treatment and supervision has improved somewhat. This factor is supported by evidence already noted regarding his consistent attendance at the Hospital to receive his long-acting injectable.

20. The Hospital Report does note however that Mr. Reda continues to demonstrate instability, persistent alcohol use and lifestyle choices that present ongoing risk of aggression. He still struggles with insight into both his mental illness, risk of violence and the negative impact alcohol has on these areas in the context of his history and major mental illness. After describing risk management factors, the Hospital Report describes Mr. Reda’s likely re-offence scenario in realistic terms associated with the risk of aggression and acute psychosis that he is exposed to as a result of his alcohol use. The Hospital Report indicates that even a late dose of Mr. Reda’s injectable antipsychotic could result in deterioration, development of persecutory delusions and manifestation of verbal aggression, most likely to females or others, including those that he lives with in his group home.

21. Dr Strike’s live evidence confirmed the contents of the Hospital Report. While she did focus on positives, including the absence of primary psychotic symptoms and consistency in attending for his injections, she confirmed that Mr. Reda’s engagement otherwise with the team was superficial. He has not engaged sufficiently with programming and therapy to address his post-traumatic stress disorder or alcohol use disorder. He struggles with money management and with following through with steps that he needs to take if he is to attain the goals that he communicates to the treatment team. Dr Strike explained that some of these goals relate to Mr. Reda’s ability to travel to visit family abroad. Currently, Mr. Reda’s spending habits, including those associated with his use of alcohol, interfere with saving sufficient funds to facilitate such travel. Dr Strike indicated that, while it is unlikely that Mr. Reda will be able to save sufficient funds to travel over the course of the next review period, the possibility of such travel as a privilege extension on the reigning detention disposition would be a motivating factor that could increase the depth of his engagement with the treatment team. Dr Strike described this extension not so much in terms of principles of minimal intrusion, but in terms of supporting the Hospital’s efforts to ensure that Mr. Reda’s mental health and other needs are met, including that of reintegration into the community. Dr Strike confirmed that such travel would need to be with an itinerary approved in advance by the person in charge, and would have to be for controlled periods that corresponded with Mr. Reda’s scheduled attendances for his long-acting injectable.

Submissions of the Parties

19. At the end of Dr Strike’s evidence, the parties renewed their submissions as stated at the outset of the hearing. All agreed that Mr. Reda continued to pose a significant threat to the safety of the public and that a detention disposition was necessary and appropriate to manage the risk he poses. All also agreed that an extension of travel privileges as described would be consistent with the provisions of section 672.54 of the Criminal Code and would not contravene the Board’s primary objective of assuring the safety of the public.

Analysis and Conclusion

20. As stated, the Board has concluded that the joint submission is appropriate. Turning firstly to the issue of significant threat, the Board has considered the direction provided by the Supreme Court of Canada in Winko. The finding of significant threat is an onerous one, even in the context of a joint submission, requiring serious consideration by the Ontario Review Board. The threat must be serious in terms of both likelihood and impact upon the physical or psychological safety of the public. It is insufficient to find the threshold has been met simply because a patient suffers from a major mental illness, or lacks insight into the illness, the need for treatment, or any other factor. In order for the threshold to be found there must be a tie between the factor and a significant likelihood that the public will be set at risk in the absence of a disposition.

21. The Board is convinced that Mr. Reda does represent a significant threat to the safety of the public. The index offence is serious and was driven by his major mental illness, lack of compliance with recommended treatment, and troubling pattern of alcohol use. While Mr. Reda is now compliant with a long-acting injectable, his engagement with his treatment team is superficial. He continues to abuse alcohol which increases the likelihood of aggressivity, decompensation, and non-compliance with timely receipt of his medications. Dr Strike agreed in her evidence with the evidence found in the Hospital Report that delay in receipt of medications could prompt rapid decompensation and aggressivity, particularly if accompanied by use of alcohol. Mr. Reda’s lack of insight in this regard, coupled with his ongoing use of alcohol, in our view, adequately links these factors to the significant threat of physical or psychological harm envisioned by section 672.5401 of the Criminal Code.

22. The Board also agrees that a detention disposition, with the extension of travel privileges requested is commensurate with the provisions of section 672.54 of the Criminal Code. The detention disposition itself is necessary, in our view, to ensure the safety of the public. Mr. Reda continues to consume alcohol which is a decompensating factor for him. While he has been compliant with his long-acting injectable over the course of this past review period, his level of alcohol consumption elevates the risk of late receipt of his injections, which, on the evidence, could give rise rapidly to increased aggressivity and a return of psychosis. The Hospital needs to be able to respond quickly to his mental health and other needs. A lesser disposition would not adequately protect the public at this time. Mr. Reda’s engagement with his treatment team is superficial. He requires assistance, support and encouragement both with regard to proper money management, completion of necessary applications, and hygiene.

23. Meanwhile, the panel agrees that while it may be unlikely that Mr. Reda will save sufficient funds to be able to travel abroad over the course of this next review period, the opening up of that privilege, on an itinerary approved in advance, and for limited periods that align with his injections is likely to have a motivating effect. It is hoped that the privilege proposed will deepen his therapeutic alliance with the treatment team, decrease his spending on alcohol, and enhance his level of engagement with therapy intended to address the impact of traumatic experiences lived over the course of his life prior to the travel abroad and within Canada. In our view, the extension of this privilege is both minimally intrusive and attends to Mr. Reda’s mental health and other needs without compromising the Board’s primary objective.

24. An order will issue accordingly.

25. The Board thanks all those who participated in this hearing, and wishes Mr. Reda the very best over the course of the next review period.

DATED this 2^nd day of April, 2025, at the City of Toronto, in the Toronto Region.

Mr. D. Sandor

Legal Member

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Office of the Registrar Ontario Review Board