Ontario Review Board

Re: Sahibpreet S. Sembhi

ORB File No: 8443

Hearing held on: Thursday February 13, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.81(1) of the Criminal Code

(Via Zoom Audio Visual Technology)

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. G. Glancy Dr. G. Boulais Mr. P. Hageraats Mr. A. Bernardo

Parties Appearing:

Accused: Sahibpreet S. Sembhi Counsel: Mr. P. Azzi

Person in charge of hospital: Representative: Dr. J. Hwang

Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated April 10, 2025)

Introduction

1. On November 23, 2023, the accused, Sahibpreet S. Sembhi, was found not criminally responsible (NCR) on account of mental disorder on charges of possession of an imitation weapon (handgun), possession of a weapon dangerous to the public peace (knife), and assault, all contrary to the Criminal Code of Canada (the Criminal Code).

2. Mr. Sembhi is currently subject to a Disposition of the Ontario Review Board dated February 24th 2024, which detains him at the secure forensic unit of the hospital with privileges up to and including to live in the community in accommodation approved by the person in charge.

3. On February 13th, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Royal Ottawa Mental Health Centre (“ROMHC”) pursuant to s. 672.81(1) of the Criminal Code of Canada. The annual review for Mr. Sembhi was held via Zoom Audio Visual Technology. The hospital was represented by Dr. J. Hwang, the Attorney-General by Ms. Marie Dufort and Mr. Sembhi’s counsel, Mr. Peter Azzi.

Without Prejudice Position of the Parties:

4. Dr. Hwang submitted that Mr. Sembhi no longer presents a significant threat and an absolute discharge is therefore appropriate. This recommendation was adopted by Mr. Azzi. Ms. Dufort indicated she would reserve her position until having heard the evidence.

Index Offences

5. The circumstances of the index offences are set out in last year’s Reasons for Disposition as follows:

August 1, 2022, Index Offence

“On the 1st day of August 2022, in the city of Ottawa, namely 1850 Baseline Rd. (McDonalds), at approx. 2127hrs, police were dispatched to attend the area for a person brandishing what appeared to a firearm. Multiple witnesses advised that the male had what appeared to be a firearm in his pocket inside the restaurant then was seen transferring the firearm to his backpack. This was the second 911 call for a male with a similar description who was seen brandishing a firearm. The earlier call was at approx. 2030hrs, in the area of Merivale Rd…Once police arrived on scene, the male was detained for possession of a dangerous weapon. Police then observed in plain view a black revolver style handgun laying inside an unzipped black backpack that belonged to the accused….

During investigation, Police deemed that the firearm was a replica pellet gun and not a restricted firearm.

August 25, 2022, Index Offence

On 1/8/22 in the City of Ottawa… Sahibpreet Sembhi [was released] on an undertaking with the following condition:

You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, or explosive substance, and you must surrender those that are in your possession and also any authorization, license or registration certificate or other document enabling you to acquire or possess them.

On 25/8/22 at around 0810 hrs, in the City of Ottawa, Sahibpreet Sembhi did attend 874 Dundee, enter the back yard of the property, access a butcher knife through the back shed, return to the front door, and yell at his sister, Jaipreet Kaur, to let him in to retrieve his belongings. Police were called to attend, as Sembhi fled the scene without the knife. At 0846 Police did locate Sembhi at Carling Ave. and Richmond Rd., and subsequently arrested him for possessing weapons for a dangerous purpose and breaching his conditions. Sembhi was issued his Rights and transported to central cell block for Show Cause, as he repeatedly attended his sister’s residence, and did not seem to understand that he was not to do so.

Mr. Sembhi’s sister provided a statement to investigating officer, Cst. S. Couture. The NCCR Assessment that formed part of the record says:

She stated that her brother is always attending her residence even when told not to show up anymore. SEMBHI attended her residence again today but could not get in as all the doors are always kept locked due to the ongoing issues with her brother attending when not welcomed. SEMBHI then went to the back yard and sat down on the picnic table, he then entered the garden shed and took out a large butcher knife and started cutting branches. He then tried to access the house again, knocking at the door and ringing the doorbell with the knife still in his hand. After not being able to get into the house, he threw the knife as well as other tools at the house and left on foot N/B Dundee Ave.

KAUR [the sister] indicated that she believes her brother has schizophrenia and was on medication back in India. She is concerned for his wellbeing however can’t offer much help to her brother as he is always aggressive and vulgar with her.

October 9, 2022, Index Offence

On October 9th, 2022, at approximately 1457hrs, the accused Sahibpreet Singh SEMBHI…was in the college square plaza at a clothing store known as Suzy Shier. The accused was observed by staff members acting inappropriately in the store, namely sitting on the floor pulling items out of his pocket and positioning himself on his hand and knees holding paper from his pocket to his face. Staff was also alerted by another customer that the accused was possibly stealing, as he would touch merchandise then return his hands to his pockets/bag while he would rustle through them. The accused then approached the victim while she was texting her manager and forcefully grabbed her right forearm. The victim said, “you’re hurting me, please leave.” The accused promptly exited the store.

Current Diagnoses

6. Mr. Sembhi’s current diagnoses are:

• Bipolar I disorder, most recent episode depressed, in full remission

• Cannabis use disorder, mild, in sustained remission

Evidence at the Hearing

7. The Board admitted into evidence the Hospital Report dated January 23rd, 2025, as Exhibit 1. The document provides a great deal of information concerning Mr. Sembhi’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequence to the index offence(s). As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.

8. Dr. Hwang advised that there were no other updates since the writing of the hospital report. There has been no reported violence or psychosis over the past year although there are some ongoing issues with depression. Mr. Sembhi continues to take his medications as prescribed. He was switched to an oral anti-psychotic. Urine drug screens confirm compliance and no substance use.

9. Mr. Sembhi has participated in all psychotherapy sessions and meetings with Dr. Hwang. It was noted that Mr. Sembhi’s student visa has not been extended. He has reapplied through his lawyer. Mr. Sembhi currently abstains from cannabis but wishes to resume occasional use once he is no longer under the auspices of the Ontario Review Board. Mr. Sembhi’s use of cannabis did not precipitate the index offence. He understands that cannabis use can worsen his mental illness and does not intend to use it on a regular basis. This tells Dr. Hwang that her patient has a good therapeutic rapport with her and that he will advise her if there are concerning symptoms that may develop.

10. Questioned by Ms. Dufort, Dr. Hwang conceded that Mr. Sembhi’s symptoms may worsen with cannabis use, but that cannabis use did not precipitate his manic episode and she added that he wasn’t prescribed any psychotropic medications at the time of the index offence.

11. Mr. Sembhi has been able to manage his cannabis use for the past year absent any cravings. He has been around friends who have used and wishes to exercise the freedom to use occasionally absent ORB oversight. He understands that cannabis use can worsen his symptoms.

12. Mr. Sembhi believes he can recognize the onset of low mood and anxiety if he were to use cannabis. His sister with whom he lives and can continue to live with, does not want him to use cannabis. Therefore, his residence is not in jeopardy. He appreciates the stable environment he lives in and would not want to jeopardize it by using cannabis. Reference was made to the last paragraph on page 31 of the hospital report which states that Mr. Sembhi’s abstinence form cannabis is due to the oversight of the ORB. Dr. Hwang responded that her patient does grasp the negative impact of cannabis on his mental health. She does not think he is saying that he plans to use cannabis regularly at all. He has benefited from psychotherapy sessions, and these will be discontinued in the event he is discharged from the Ontario Review Board as he has completed that program and done well. Mr. Sembhi will remain under the care of Dr. Hwang even if he receives an absolute discharge. Dr. Hwang noted that if cannabis use subsequently becomes a problem, CMHA programming will be considered for this patient.

13. Responding to questions from patient’s counsel, Dr. Hwang agreed that Mr. Sembhi has sufficient insight but if advised to discontinue the use of cannabis by her, that he would follow that direction. Responding to questions from a Board member, Dr. Hwang advised that there is a 30 to 50 percent likelihood of relapse for this patient. This is because he is in receipt of oral medications due to side effects experienced on an intramuscular injectable. Lithium would have been her second choice and Valproic acid the third, whereas the medication he has been prescribed is Dr. Hwang’s fourth choice because of cost.

14. Dr. Hwang agreed that Mr. Sembhi’s immigration status is stressful to him but has not stopped him from progressing in his life. He is not currently in a stable relationship, nor is he employed. Apart from the sister with whom he lives, he has friends and speaks with his mother by phone on a weekly basis.

15. Mr. Sembhi’s father passed away at the time of his last Ontario Review Board hearing and he was unable to return to India for the funeral. He was also unable to return to India for his sister’s wedding a few months ago due to ORB restrictions. Dr. Hwang agreed with the suggestion that the Lurasidone has no impact on managing anxiety, nor is Lamotrigine. The Doctor added that there is evidence that CBT is as effective as medications for Bipolar 1 Disorder and there is evidence that he has gained skills from this form of therapy.

16. Finally, Dr. Hwang testified that she has discussed the impact of a possible study permit renewal refusal at which point Mr. Sembhi will be required to return to India. She advised that he is quite comfortable with whatever that decision may be.

Closing Observations

1. Dr. Hwang submitted that Mr. Sembhi no longer represents a significant threat and is therefore entitled to an absolute discharge. Ms. Dufort stated that she has lingering concerns relating to Mr. Sembhi’s ongoing compliance with oral medications and wanting to resume cannabis use. However, on the whole she concedes that Mr. Sembhi’s level of risk does not rise to a level that he continues to present a significant threat. Mr. Azzi noted that Dr. Hwang believes Mr. Sembhi will continue to listen to her once he is no longer subject to an ORB disposition.

Analysis and Decision

1. 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.

2. In determining whether Mr. Sembhi represents 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.

3. The Board unanimously finds that Mr. Sembhi no longer poses 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. Hwang and the information contained in the hospital report. Flowing from this finding Mr. Sembhi is entitled to an absolute discharge.

4. This panel of the Board retains some lingering concerns vis-à-vis the concerning level of violence that characterized the commission of the index offence and that Mr. Sembhi’s prescribed psychotropic medications are not optimized due to cost factors relating to his tenuous immigration status. This having been said, the panel also recognizes that Mr. Sembhi has applied himself and benefitted from psychotherapy programming.

5. Mr. Sembhi grasps that cannabis use can worsen symptoms of his mental illness but does not foresee using it often. Mr. Sembhi believes he can identify early warning signs of depression and anxiety if he chooses to use cannabis. Hwang opined that Mr. Sembhi will advise her if he experiences any concerning symptoms. The doctor added that while cannabis use may worsen Mr. Sembhi's symptoms it did not trigger his manic episode at the time of the index offence. Further, Mr.. Sembhi wasn't taking any psychotropic medications at that time.

6. For the past year, Mr. Sembhi has controlled his cannabis use without experiencing cravings. There have been no incidents of violence or psychotic episodes although Mr. Sembhi still struggles with depression at times. He consistently takes his prescribed medications, which now features an anti-psychotic in pill form rather than by intra-muscular injection. Urine tests confirm both his medication adherence and the abstinence from substance use.

7. Mr. Sembhi will remain under Dr. Hwang's care following receipt of an absolute discharge. In the event Mr. Sembhi experiences future problems with cannabis use she will consider referring him to Community Mental Health Association programs. He benefits from a stable living environment . Dr. Hwang also confirmed that she has discussed the possibility of the refusal of Mr. Sembhi’s study permit renewal application which will require his return to India. She indicated that he is comfortable accepting whatever decision is made in this regard.

8. In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Sandhu 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. Sembhi’s mental condition, his reintegration into society and other needs.

DATED this 10th day of April 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Capelle

Alternate Chairperson

Office of the Registrar Ontario Review Board