Re: Amir Sepehri
ORB File No: 6364
Hearing held on: Monday, February 3, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. C. Finley Members: Dr. S. Lessard Dr. L. Leong Mr. P. Capelle Mr. A. Bouvier
Parties Appearing: Accused: Amir Sepehri Counsel: Ms. E. Gaudet
The Person in charge of Hospital: Counsel: Ms. L. Senko
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated April 4, 2025)
Introduction
On June 27, 2013, Mr. Amir Sepehri was found not criminally responsible on account of mental disorder on charges of sexual assault and assault, contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Sepehri is currently subject to a Disposition of the Ontario Review Board (the "Board") dated February 20, 2024, detaining him at the General Forensic Unit of the Centre for Addiction and Mental Health, Toronto (“CAMH”), with privileges up to living in the community in 24-hour a day supervised accommodation approved by the person in charge.
On February 3, 2025, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Sepehri was in attendance and was represented by his counsel, Ms. Gaudet.
Without Prejudice Position of the Parties
Ms. Senko, on behalf of the hospital, indicated that no change was recommended to Mr. Sepehri’s disposition. That recommendation was supported by Mr. Coughlan, on behalf of the Crown, and Ms. Gaudet, on behalf of her client. The hearing therefore proceeded by way of a joint position that was maintained in closing observations.
Background and Index Offences
The Hospital Report, dated December 27, 2024, entered as Exhibit 1, provides a comprehensive background and need not be repeated. Briefly: Mahmoud Sepehri was born in Iran in 1985. When he was 10, his father was executed for expressing his political beliefs. Thereafter, in 1995 he moved with his mother and siblings to Pakistan, then to Afghanistan and to India. He was homeless for a period of time in India and in 2004 was prescribed risperidone. Although he does not appear to have been hospitalized. In 2010, he came to Canada as a refugee, joining his mother and siblings.
His education is unclear - reports differ on whether he completed grade 8 or grade 10 in Iran. He worked briefly as a waiter in Afghanistan for six months. In Ontario, he received disability support payments.
His first hospital admission for psychiatric care occurred in 2010 at North York General Hospital as he was hearing voices. While in hospital he attempted suicide.
Over the years Mr. Sepehri has experienced disorganized thinking, auditory hallucinations, periods of depression with suicidal thoughts, and violent thoughts toward others. He has harmed himself by cutting and has struggled with excessive drinking over the past 20 years.
In the past year, his condition has remained generally stable. He meets with his case worker monthly and has regular reviews with Dr. Ugwunze. He acknowledges having Schizophrenia and an ongoing need for medication to treat it.
The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“According to the Toronto Police Services Supplementary Record of Arrest dated June 19, 2012, on May 27, 2012 at approximately 1900, the victim (PK) was at a bus shelter (located at Steeles Ave W and Tangreen Ct) and was approached by the accused who asked her, in Farsi, for change. He then asked for change again in English, and entered the victim’s “personal space”. She felt uncomfortable, moved away from him and pretended to speak on her phone while leaving the area.
On 7 June 2012, the victim was approached by the accused again. He followed her into an elevator, exited on the same floor and followed the victim toward her apartment. The victim became very fearful of the accused. While following her, the accused made attempts to engage the victim in conversation. The victim arrived at her apartment, entered and locked the door without further incident.
On Friday 8 June 2012 at approximately 1530 hrs a second victim (DW) was walking eastbound on the south side of Steeles Ave (near Hilda Ave) when she was approached by the accused who stopped her and asked her for directions to McDonalds. The victim pointed to the restaurant. The accused then asked the victim to sit on the grass with him. The victim told the accused that she had to leave. He then hugged her and began to kiss her on the neck. The victim pushed the accused away and continued to walk eastbound on Steeles.
On Thursday 14 June 2012, at approximately 1530 hrs a third victim (SWC) was in the lobby of her building waiting for the elevator. The victim and the accused (as well as an unknown teenager) entered the elevator. Once the teenager exited, the accused and the victim were left alone in the elevator with the accused standing behind the victim. The accused reportedly bent over and touched the victim’s left leg, near her knee. The victim turned around, the accused mumbled something about “exercise and muscles” that the victim could not quite understand. Once the elevator reached the victim’s floor she exited, went into her apartment, notified her mother of what had happened, and then called police.
On Sunday 17 June 2012 at approximately 1400, a fourth victim (TO) attended the Dollar Store located at Carpenter and Steeles Ave W. She was on her way home and was at the corner of Bathurst and Steeles when she met with the accused. He asked the victim questions like “What’s your name, where are you from” and “how long have you been here”. The accused then asked where Bathurst St. was, even though they were standing at the corner of Bathurst St. The accused took the victim’s hand in his and asked her how he looked, then told her that she looked beautiful and gave her a hug. She told the accused that she had to go, however the accused asked her if she could stay a while longer and then kissed her cheek. The victim saw that the light had turned green, and told the accused that she “really had to go”. The accused said that he would walk with her and, again, kissed her on the cheek. The victim, now concerned, walked away from the accused.
On 19 June 2012 the accused was identified and located at his home address. He was placed under arrest, and transported to 32 Division.”
Current Diagnoses
- Schizophrenia,
- Substance Use Disorder,
- Query Alcohol Use Disorder.
Evidence at Hearing
Dr. Ugwunze was called to give evidence on behalf of the hospital. He testified that there had been no additional concerns of note since the writing of the Hospital Report. The plan is to move Mr. Sepehri to a more permanent housing placement operated by the same organization, which will enable ongoing familiarity with staff. Mr. Sepehri has lived at the Rolling Wood residence for the past five years which is technically considered to be transitional housing. Towards the end of 2024, Mr. Sepehri expressed the desire to move back in with his mother and sister. This request arises periodically although the hospital does not support the move because Mr. Sepehri requires a higher level of support. Further, in 2024, his sister moved in with her partner. Therefore, it is just his mother who resides at the family home and she is incapable of providing him with the level of support he requires.
Mr. Sepehri’s treatment capacity was last assessed by Dr. Ugwunze in December 2024 at which time he was determined to be capable of consenting to treatment. Mr. Sepehri remains compliant with his prescribed medications and has remained treatment capable since Dr. Ugwunze assumed his care some three years ago.
Closing Observations
The only closing observation was made by Ms. Gaudet who indicated that the client is happy where he currently resides and that he loves to play soccer three times per week.
Analysis and Decision
(a) Significant Threat
Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Sepehri continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Sepehri continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Ugwunze that Mr. Sepehri continues to pose a significant threat. The Board also relies on the Hospital Report and the Clinical Risk Factors/Re-offence Scenario contained therein at page 36, reproduced below for ease of reference:
If Mr. Sepehri were to reoffend, this would likely take the following course. In the absence of sufficient structure and supervision, he would likely experience an increase in stress, for which he has limited coping skills to manage. He would most likely become non-compliant with his prescribed medication. These two factors would likely cause his mental state to decompensate and his psychotic symptoms would worsen. This in turn would make him more impulsive, sexually disinhibited and increase his risk of misusing substances. The above combination of psychosis, substance misuse, and impulsivity would significantly increase his risk of sexual aggression to those within his vicinity.
The Board therefore accepts that absent an ORB Disposition, Mr. Sepehri would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Sepehri will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Sepehri continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Sepehri’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Sepehri provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
Overall, Mr. Sepehri has enjoyed a stable year. No new issues of concern have been noted since the release of the Hospital Report. Of note, is that in August of 2024, Mr. Sepehri again asked to reside in the community with his mother and sister. The Hospital is not supportive of this possibility. Mr. Sepehri’s sister now resides elsewhere with her partner and his mother is unable to provide the level of support he requires vis-à-vis attending to basic needs longer than for a visits of a few days.
As noted at page 32 of the Hospital Report, Mr. Sepehri:
- is brought to medical appointments by Rolling Wood residence support staff,
- has medications for his physical health administered by Rolling Wood residence support staff,
- continues to require reminders vis-à-vis hygiene, cleaning of his room by Rolling Wood residence support staff,
- has cooking and shopping done for him by Rolling Wood residence support staff,
To his credit, Mr. Sepehri continues to independently take his Clozapine as prescribed. He has remained capable of making treatment decisions since Dr. Ugwunze became his psychiatrist some three years ago.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Sepehri poses to the safety of the public while still meeting his needs, is a continuation of the current Detention Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Ugwunze and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Sepehri’s mental condition, his reintegration into society and other needs.
DATED this 4th day of April, 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Legal Member
__________________ Office of the Registrar Ontario Review Board