Re: Samad Dabiri
ORB File No: 5270
Hearing held on: Wednesday, February 19, 2025
Place of hearing: Centre for Addiction and Mental Health, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M. Segal
Members: The Hon. B. Allen Dr. B. Bordoff Dr. J. Kis Mr. J. Cyr
Parties Appearing:
Accused: Samad Dabiri Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Dr. P. Darby
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction
On February 5, 2009 Mr. Samad Dabiri was found not criminally responsible by reason of mental disorder on a charge of aggravated assault contrary to the Criminal Code.
Under s. 672.81(1) of the Criminal Code, a panel of the Ontario Review Board (the Board) was convened on February 19, 2025 at the Centre for Addiction and Mental Health (CAMH or the Hospital) to review Mr. Dabiri's risk to public safety and the appropriate disposition under s. 672.54 of the Criminal Code.
Mr. Dabiri’s existing disposition dated February 28, 2024 orders a conditional discharge in the community with a stipulation that he reside at LOFT in a highly supported housing accommodation.
Mr. Dabiri requested to be excused from attending the hearing today. Mr. Rai indicated he has instructions to appear on Mr. Dabiri’s behalf. The Board agreed that Mr. Dabiri need not attend and accordingly made an order under s. 672.5(10) of the Criminal Code allowing the hearing to proceed in the absence of Mr. Dabiri.
At the start of the hearing the parties provided the Board with their respective positions on disposition and significant risk. They adopted a joint position that Mr. Dabiri remain subject to a conditional discharge among other terms to reside at LOFT, a highly supervised accommodation.
The parties maintained their joint position at the close of the evidence.
Disposition
- For the reasons set out below the Board concludes, under s. 672.54 of the Criminal Code, that Mr. Dabiri continues to pose a significant risk to public safety and that the necessary and appropriate disposition, which is the least onerous and the least restrictive to mitigate risk to public safety, is that he continues to be subject to a conditional discharge under the same terms and conditions as the existing disposition.
Current Diagnosis
- Mr. Dabiri’s current diagnosis is a persecutory delusional disorder.
The Evidence
- The Board has before it the Hospital Report dated February 6, 2025 which contains an account of Mr. Dabiri’s personal and psychiatric background which need not be repeated in detail here. The Board also has the oral evidence of Dr. Padraig Darby, the author of the Hospital Report. The Board also has before it a Victim Impact Statement prepared by Nicole MacDonald.
Index Offence
The circumstances of the index offence are described in the Hospital Report and are summarized as follows:
On May 20, 2008 Mr. Dabiri stabbed a person at a bus shelter three times in front of witnesses. The victim's injuries required surgery as Mr. Dabiri struck the victim's liver. A previously filed victim impact statement sets out the extent of the medical repairs as requiring two surgeries resulting in an eight-inch incision. The victim impact statement details the psychological and emotional harm experienced by her. In subsequent reports Mr. Dabiri said that he assaulted the victim because they were a member of CSIS that had targeted him and his family in Iran in cooperation with Iranian intelligence services. Mr. Dabiri believed that CSIS had killed his family and assaulted him twice.
Mr. Dabiri indicated that his actions at that time were motivated by intent to assault the victim whom he believed was affiliated with CSIS and spied for the Iranian government. His belief that the victim was affiliated with CSIS is also the motivation behind his earlier charges in 2003 discussed below.
Criminal History
Mr. Dabiri has a criminal history dating back to 1997 and 2003.
In 1997 he was charged with threatening death x 2 and weapons dangerous and with entering a rooming house and threatening the occupant university students with a knife on the delusional belief that the students worked for intelligence services. The charges were withdrawn because the victim witnesses failed to attend court.
In 2003 Mr. Dabiri was charged with assault with a weapon and aggravated assault. He was found not criminally responsible on July 24, 2003 for those charges and subsequently received an absolute discharge in 2007. The 2003 charges involved Mr. Dabiri brandishing a knife in a mall where he punched and stabbed an unsuspecting elderly man sitting on a bench. The victim sustained a puncture wound to his stomach approximately one inch across and two inches deep.
Substance Use
- The Hospital Report indicates there is no evidence of any alcohol and/or substance use disorder.
Mr. Dabiri’s Personal and Psychiatric History
Before the Current Reporting Year
Personal History
Mr. Dabiri is a 64-year-old single male without dependants. He reported that he has never been married, lived common-law with a partner or had a serious girlfriend.
Mr. Dabiri was born in Iran and came to Canada in 1996. His family remains in Iran and he has no relatives in Canada. He reported a happy family life in Iran with both his parents before fleeing to Pakistan as a refugee. He feared persecution due to his political views. His father died shortly after retiring. Mr. Dabiri reported that he resided in Pakistan for about eight years without employment.
Mr. Dabiri’s last known contact with any family members was possibly in 1997 or 1998. He believed at the time that his telephone was controlled by other people and his address was not safe so he should not get in touch with his family. He also believed his entire family was dead. He has few friends in Canada.
Mr. Dabiri attended elementary and secondary school in Iran completing Grade 12. He worked as a police officer in Iran for about seven years after high school. In Canada he attained the equivalency of a high school diploma. Mr Dabiri has worked mainly in factories as a general labourer which jobs he said he enjoyed. He reported that his shortest period of employment at a job was one year and that he has never been fired.
By way of overview, after Mr. Dabiri’s absolute discharge in 2007 following the 2003 index offence and before the index offence on February 5, 2009, he was residing in a bachelor apartment in Toronto supported by ODSP. After the index offence of 2009 Mr. Dabiri was initially detained at CAMH in a forensic assessment unit and by July 31, 2009 he was transferred to a secure forensic unit and on June 10, 2014 to a general forensic unit. On September 27, 2016 he was discharged to his current LOFT residence.
Mr. Dabiri's first encounter with the psychiatric system was at CAMH following his 2003 index offence. He persisted in his persecutory beliefs about CSIS, RCMP and FBI agents working as spies for the Iranian government and following him. He was prescribed anti-psychotic medication between August 12, 2003 and August 24, 2004 when he was discharged to the community. Mr. Dabiri was followed by the Forensic Out Patient Service (FOPS) after discharge. As noted, he received an absolute discharge in November 2007.
Mr. Dabiri was again admitted to an assessment and triage unit on the matter of his criminal responsibility for the 2008 index offence. It appears he had been non-compliant with his medications during the absolute discharge. He maintained his persecutory beliefs about the Iranian police following him and intercepting his phone calls but denied he had a delusional disorder. During the hospitalization in 2008 Mr. Dabiri's presentation was essentially unchanged. He continued to accept his oral anti-psychotic medication. However his compliance seemed predicated upon his belief that the medication was assisting primarily with sleep and not prescribed for his psychosis.
From 2009 until 2014 Mr. Dabiri was detained in a CAMH secure unit. He maintained his delusionary belief system about the Iranian government and staff spying on him despite various changes in the types of anti-psychotic medications he was prescribed over the years. He denied there would be any adverse consequences of stopping his medication and specifically denied he would be at an increased risk of violence. Mr. Dabiri did not believe he required hospitalization as, to his mind, he was not "sick or dangerous". He continued to deny his beliefs were delusionary.
Mr. Dabiri was permitted Hospital grounds privileges and directly and indirectly supervised and escorted community privileges during this period and he participated somewhat in some therapeutic group sessions and activities. He was generally resistant to engaging in programs and recreational activities despite encouragement from staff. Mr. Dabiri often expressed delusionary suspicions during his community outings. He engaged in strange behaviour on the unit getting into altercations with staff and co-patients and yelling and mumbling to himself.
In 2015 Mr. Dabiri was transferred to a general forensic unit at CAMH where he remained until 2016 when his circumstances improved in some areas. He began to deny being followed by any organizations and indicated that his medication began to make him feel better. During his stay at the general forensic unit Mr. Dabiri did not exhibit overt paranoid delusions or express delusional thoughts although he continued to state that he was not sure he had a mental illness. He continued to show limited insight into his mental illness and was observed talking loudly when he was alone.
Mr. Dabiri has continued to reside at LOFT from September 2016 to the present. His circumstances have not changed in any substantial way during this period.
After his discharge to LOFT Mr. Dabiri’s symptoms remained stable. He continued to believe what happened in the past was true but that the conspiracy against him had ceased because CSIS had gained control over the Iranian secret intelligence. He was compliant with the monthly depot injections. However he maintained the view that he did not need medications as he did not believe he had any mental illness. Mr. Dabiri continued to think nothing problematic would occur if he did not take his medication.
There were no critical incidents reported by the Extended Forensic Out Patient Service (EFOPS) or LOFT staff during his time at LOFT - except in 2018 when Mr. Dabiri was participating in the making of a documentary initiated by LOFT and he mentioned being followed by Iranian agents. And on one of his outings in 2018, he was found to have taken a knife with him and pulled it out to pose as "Rambo." As a result Mr. Dabiri was admitted to CAMH on August 31, 2018 and discharged on September 1, 2018, after his behaviour was assessed as being more indicative of his poor judgment than his psychosis.
Throughout the period Mr. Dabiri continued to be observed or heard talking in his room or when alone in public. He was able to cease the self-talking when people approached him. He remained fully oriented to what was happening in his immediate environment and interacted with people appropriately.
Mr. Dabiri remained in receipt of ODSP benefits and was able to manage his finances in the community. Throughout the period Mr. Dabiri became involved in outings, attending the gym a few days a week to improve his physical strength. However he expressed little interest in other activities or other co-patients. He has no family or other social contacts. Mr. Dabiri has expressed an interest in factory or hospitality industry work and an interest in moving downtown.
The Current Reporting Period – January 2024 to January 2025
During the current reporting year Mr. Dabiri continues to reside at LOFT. He maintains very limited insight into his mental illness and does not appreciate the need for psychiatric medication. When discussing his mental illness and the index offence Mr. Dabiri becomes evasive and portrays himself as a victim who was harassed in the past by CSIS.
and the Iranian intelligence services. In February 2024 he stated that he "maybe made a mistake" with regard to the index offence.
Speaking about Mr. Dabiri’s wish to gain an absolute discharge and the intractable nature of his delusions, the Hospital Report states the following:
In March 2024, Mr. Dabiri stated that he "will be free", "life will change" when he "will get Absolute Discharge" as "nobody will be after me". He claimed that he was declared NCR by mistake, and feels that the judge did not listen to his "story" and whether he was "guilty or not guilty". He further asserted that he was not guilty of the two Index Offenses and justified his actions by stating, "I reacted to what was done to me, they framed me", referring to Canadian and Iranian Intelligence Services. Mr. Dabiri was confident that once the investigation by CSIS is complete and the news is revealed proving his innocence, he will be exonerated. Mr. Dabiri expressed no remorse for his actions.
[at page 36].
The clinical team assessed Mr. Dabiri’s attitude about his circumstances from comments he made from March 2024 to September 2024. His comments to the clinical team demonstrate his unchanged perseverance about being a victim of Iranian intelligence and his need to achieve freedom through an absolute discharge. He again failed to appreciate why an absolute discharge was not recommended.
Mr. Dabiri usually presents as calm and pleasant with well-organized thoughts and speech. He has expressed no homicidal or suicidal thoughts or violent ideas or plans over the past year. Despite Mr. Dabiri's delusional views there were no critical incidents during the current reporting year and Mr. Dabiri remained compliant with his medications.
The clinical team concluded that an absolute discharge would not allow the safeguards Mr. Dabiri requires which view is expressed in the following passage in the Hospital Report:
In the absence of a highly structured and supportive environment, Mr. Dabiri would likely discontinue his medication, which would result in a rapid deterioration in his mental state, with a concurrent potentiation of paranoid ideation. In the context of emergent paranoia, and the absence of social support in the community, Mr. Dabiri would likely act out violently in line with his paranoid beliefs, which would likely result in serious physical and/or psychological harm to any person he deemed a threat. [at page 45].
- The treatment team’s opinion is that Mr. Dabiri continues to represent a significant risk to the safety of the public. It recommends that the risk posed by Mr. Dabiri can continue to be managed under a conditional discharge. He is deemed incapable of consenting to treatment, his substitute consent being provided by the Ontario Public Guardian and Trustee. The treatment team opined that were Mr. Dabiri to decompensate, the Box B criteria of the Mental Health Act, which allow for involuntary admission to a mental health facility, would be available in the event of a need to readmit him to the hospital.
Oral Evidence of Dr. Padraig Darby
Dr. Padraig Darby testified at the hearing. He provided no material updates on Mr. Dabiri’s circumstances since the date of the Hospital Report.
Dr. Darby has treated Mr. Dabiri since his placement in LOFT in 2016. He testified that the current reporting year has been uneventful. He indicated that Mr. Dabiri has generally remained isolative, only visiting with Jehovah’s Witnesses occasionally and working out at a downtown gym. As stated in the Hospital Report, Dr. Darby testified that Mr. Dabiri maintains the core delusion about CSIS and the Iranian intelligence agency but has reported somewhat of a transformation in his belief. More recently he has maintained that the Iranian intelligence agency is no longer following him because CSIS has put an end to that.
However Mr. Dabiri persists in his view that he was being followed in the past and that he will eventually be vindicated in that belief when CSIS confirms it. Dr. Darby’s observation is that Mr. Dabiri’s delusions are not as intense as in past years and, as stated in the Hospital Report, the delusions are refractory to treatment but do not affect his behaviour.
Dr. Darby testified that Mr. Dabiri continues to insist that his beliefs are not delusionary, that he is not sick and does not need medication. However more recently Mr. Dabiri has accepted his need for medication which in his view is not for his mental illness but for stress. Dr. Darby opined that were Mr. Dabiri to cease his medication his delusions would intensify.
Mr. Dabiri has indicated that he wishes to secure housing downtown near the gym that he attends. Dr. Darby indicated that Mr. Dabiri is on a waitlist for housing but he is not in a priority position since housing is prioritized for patients who are in the hospital. Dr. Darby opined that Mr. Dabiri can be managed on a conditional discharge. He further opined that Mr. Dabiri is not suitable for a Community Treatment Order (CTO) even if he were eligible. Although Mr. Dabiri is currently residing in high-support housing, regarding the level of supervision required in future housing, Dr. Darby stated that the level need not be high if he is visited regularly. Dr. Darby also indicated that the address of the housing need not be stipulated.
The Parties’ Positions
- The parties maintained their joint position that Mr. Dabiri continues to be a significant risk to the safety of the public and that the least onerous and least restrictive disposition, that is necessary and appropriate in the circumstances is to maintain a conditional discharge under the same terms and conditions as the existing order. Defence counsel stressed Mr. Dabiri’s hope to be able to live downtown.
The Board’s Conclusion
While mindful of the parties’ joint position the Board is required to come to an independent determination.
Based on the evidence before us, the Board unanimously accepts the opinion, as stated in the Hospital Report, that Mr. Dabiri remains a significant threat to public safety within the criteria outlined in Winko and as defined in s. 672.5401 of the Criminal Code. The Board considered the criteria, as set out in s. 672.54, namely, the paramount criterion of the safety of the public and Mr. Dabiri’s community re-integration, his mental condition and his other needs.
We accept, according to s. 672.54 of the Criminal Code, that the least onerous and least restrictive disposition, that is necessary and appropriate in the circumstances, is an order for a conditional discharge to highly supported and supervised community housing. We accept Dr. Darby’s view that housing need not be designated as LOFT housing as recommended in the Hospital Report.
The Board arrives at that decision for the following reasons.
The Board finds from the evidence in the Hospital Report and the testimony of Dr. Darby that a conditional discharge is the necessary and appropriate disposition to manage Mr. Dabiri’s risk. While Mr. Dabiri’s mental status and behaviour have improved over the years he is still plagued by his core delusion.
And while, as Dr. Darby indicated, his delusions do not affect his behaviour at this time, if he were to stop his medication his delusions would intensify and pose a risk to public safety. In arriving at our decision the Board considered the risk presented by Mr. Dabiri’s contention that he is not sick, does not suffer from delusions and does not require medication for a mental illness. In that regard the Board is concerned, were Mr. Dabiri to be given an absolute discharge without any supervision over his medication and behaviour by the Hospital, that Mr. Dabiri’s ill-conceived views on his needs could materialize into a refusal of his medication with the likely consequence of deterioration of his mental state. The victim impact statement graphically illustrates the profound injuries Mr. Dabiri exacted on an unsuspecting member of the public while driven by his delusionary mindset.
While, as Dr. Darby indicated, Mr. Dabiri’s housing at this stage need not be highly supervised, some supervision through visits by the clinical team would be necessary to monitor his mental status. The Board finds under these circumstances that Mr. Dabiri can be managed by maintaining the conditional discharge. This disposition will continue to allow him to further his involvement in the community when he chooses to do so.
Defence counsel indicated Mr. Dabiri is 23rd on the waitlist for new housing and the Board is hopeful, despite inpatients being prioritized for housing, that sometime soon Mr. Dabiri might secure housing that puts him closer to one of his few community activities, working out at the downtown gym.
The Board wishes in conclusion to acknowledge Mr. Dabiri’s progress over the years to the point in the current term of mental stability, being incident-free and medication adherent and we urge him to stay the course of progress.
Based on the Hospital Report and the evidence added in Dr. Darby's testimony the Board concludes, under s. 672.54 of the Criminal Code, that Mr. Dabiri remains a significant threat to public safety and that currently the necessary and appropriate disposition, that is the least onerous and the least restrictive to mitigate risk to public safety, is a conditional discharge to housing that needs not be stipulated as LOFT housing.
DATED this 10th day of April, 2025, at the City of Toronto, in the Toronto Region.
The Hon. B. Allen
Legal Member
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Office of the Registrar
Ontario Review Board