Ontario Review Board
Re: Hubert Kanyamuneza
ORB File No: 8184
Hearing held on: Monday, February 24, 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: Hubert Kanyamuneza
Counsel: Mr. P. Giancaterino
Person in charge of hospital: Representative: Dr. A. Sandhu
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction
[1]. On November 22nd, 2022, Hubert Kanyamuneza, was found not criminally responsible by reason of mental disorder on charges of criminal harassment and mischief, contrary to the Criminal Code of Canada. Mr. Kanyamuneza is currently subject to a disposition of the Ontario Review Board dated February 23rd, 2024 (as amended). That disposition discharges him subject to certain conditions, including that of abstaining absolutely from the non-medical use of alcohol, drugs and intoxicants, and that of participating in drug screenings to monitor his compliance with the abstention condition.
[2]. On February 24, 2025, the Ontario Review Board convened a hearing at the Royal Ottawa Mental Health Centre (hereinafter referred to as "the Hospital"). Mr. Kanyamuneza attended his hearing and was represented by his lawyer Mr. P. Giancaterino.
[3]. The Record for the hearing included the Notice of Hearing, the most recent Disposition (as amended), and the Reasons for that Disposition. On the consent of all parties, a Hospital Report dated February 15th, 2025, was entered into evidence as Exhibit No. 1.
[4]. The parties were canvassed for their initial positions at the outset of the hearing. The Hospital took the position that Mr. Kanyamuneza no longer represented a 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 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. As such, it was the Hospital's position that Mr. Kanyamuneza was entitled to an absolute discharge.
[5]. The representative of the Attorney General reserved on taking a position, and counsel for Mr. Kanyamuneza joined the Hospital in its position.
[6]. Following receipt of evidence, the representative of the Attorney General joined the Hospital and Counsel for Mr. Kanyamuneza in the joint submission that the evidence supported the conclusion and disposition proposed by the Hospital at the hearing's outset.
[7]. Based on the joint submission, and having had an opportunity to deliberate independently on the evidence, the panel agreed that the evidence taken at the hearing supported the conclusion that Mr. Kanyamuneza no longer represented a significant threat to the safety of the public and was entitled to the absolute discharge proposed. This decision was communicated orally to the parties. These Reasons follow on that decision.
Evidence at the hearing
[8]. The evidence at the hearing came from the Hospital Report mentioned above and from the oral testimony provided by Dr A. Sandhu, Mr. Kanyamuneza's treating psychiatrist. Turning first to the Hospital Report, it is cumulative in nature and sets out the index offences as set out in previous Reasons for Disposition.
July 14, 2022
Harassment by combination of prohibited conduct (one count)
According to the Crown Brief Synopsis, Mr. Kanyamuneza was employed as kitchen staff by Joey Lansdowne restaurant for several months leading up to July 2022. It was noted that his mental health started to decline along with his respect for boundaries and social norms, where he seemingly became aggressive and obsessive about two co-workers, one being the complainant in this matter, Guerline Philisnor. Due to his inappropriate behaviour and obsessions, he was fired from his employment and advised that he was not permitted to return to the restaurant. Ms. Philisnor also told him to stop contacting and communicating with her.
Over the weeks prior to July 14, 2022, Mr. Kanyamuneza created fake Instagram accounts and then sent voice messages to Ms. Philisnor. He sent over 200 voice messages to Ms. Philisnor over time. He also violated the trespass conditions imposed on him by the restaurant management on at least 10 different occasions, where he entered the store and walked immediately to Ms. Philisnor, who was working at the time. He would sometimes attempt to speak to her and sometimes leave a gift.
He had made collages with her face attached to others as well as collages of letters cut to form strange, unclear sentences. There were no threats apparent in these messages or behaviours.
Ms. Philisnor feared for her safety, which was a fear shared by her fellow employees. It was opined that Ms. Philisnor was vulnerable in her workplace, as her work required her to remain in a public setting, and Mr. Kanyamuneza knew her place of work. On July 14, 2022, at about 18h30, Mr. Kanyamuneza appeared at Joey Lansdowne and entered the main doors prior to walking straight up to Ms. Philisnor and left an open bottle of water on the counter for her. He did not say anything before leaving the restaurant. He was firmly asked to leave by a member of the restaurant management and told not to return. However, later that night at 01h00, Mr. Kanyamuneza returned to the restaurant again but left immediately after a member of the restaurant management confronted him. An officer from the Ottawa Police Service (OPS) investigated the harassment and formed grounds to charge Mr. Kanyamuneza with criminal harassment.
July 16 to 19, 2022
Mischief (one count) Breach of probation (six counts)
Harassment by combination of prohibited conduct (one count)
According to the Crown Brief Synopsis, Mr. Kanyamuneza was bound by an active Adult Probation Order in relation to a suspended sentence for harassment of the victim, Muthoni Kimani, which contained conditions that included not communicating with her directly or indirectly or be within 500 meters of anywhere she may be.
On July 16, 2022, Mr. Kanyamuneza attended Ms. Kimani's residence, where she was not at home, but her doorbell camera recorded him walking up to the residence and placing a dead fish in a plastic bag in her mailbox while speaking and yelling with no one around. He was also recorded as taking polaroid style photos of the residence while continuing to yell, dropping some photos on the ground outside. He then took more photos and left them under a tree inside a pair of shoes in front of her residence.
On July 17, 2022, Ms. Kimani had just returned home at 12h50 when she received a motion notification from her doorbell camera on her phone at 12h58. The doorbell camera recorded Mr. Kanyamuneza walking outside of her residence again, including walking up to the mailbox, looking inside, and then walking away.
On July 19, 2022, Ms. Kimani called police to report that Mr. Kanyamuneza was back at her home again and could be seen on the doorbell camera. She added that he had left a bouquet of flowers in her mailbox and was seen loitering around her neighbour's residence for about five minutes before he left the area. Ottawa Police was dispatched to the area, and Mr. Kanyamuneza was located walking on a nearby street, which was within the 500-meter radius of Ms. Kimani's residence. He was arrested for breaching his probation conditions and was read his right to counsel, primary and secondary cautions and 524
[9]. By way of background, the Hospital Report explains that Mr. Kanyamuneza is 27 years old. He was homeless at the time of his arrest and is an ODSP recipient. He arrived in Ottawa as a refugee in 2007 and was a victim of abuse as a child at the hands of his father. He is a high school graduate with some college education in business accounting.
[10]. In May 2020, Mr. Kanyamuneza was convicted of assaulting his mother. He was also convicted of criminal harassment involving Ms. Kimani, of prowl by night, and of failing to comply with a probation order. For all of these he received a global sentence of 18 months' probation on a suspended sentence.
[11]. In terms of his psychiatric history, Mr. Kanyamuneza was diagnosed with Schizophrenia in 2018 during a lengthy admission at the Ottawa Hospital that resulted in him being placed on a Community Treatment Order (CTO) upon his discharge. He initially responded well to treatment with injectable Paliperidone (a long-acting antipsychotic) but was encouraged to discontinue it by his father in early 2019. He discontinued follow-up with his outpatient psychiatrist and remained noncompliant with treatment recommendations through to his admission to the Royal Ottawa Mental Health Centre in December 2020. From that time through to the end of 2022, Mr. Kanyamuneza underwent several periods of hospitalization and continued to have difficulties with both treatment compliance and use of substances (notably cannabis).
[12]. Last year's Reasons for Disposition explained, however, the progress that Mr. Kanyamuneza had been making while under the jurisdiction of the ORB. He had moved into transitional housing and was realizing his goals. He was participating in structured groups and demonstrating appropriate collaboration and therapeutic alliance with treatment providers and supports both in the community and in the hospital. He continued to have the support of members of his family and had consistently testing negative for drugs and other substances. His insight was clearly increasing. He was active in making realistic plans for his future. He expressed understanding that, while others could use cannabis, this was not a substance that he could use. In its conclusion, that panel said:
Mr. Kanyamuneza is on the right track regarding substances. His insight into needing to completely avoid use of substances, and in particular cannabis, is commendable. There is every indication that, with supports, he will succeed and will not return to cannabis.
This bodes well for Mr. Kanyamuneza's ongoing progress and reintegration. Hopefully, he will begin to move forward in terms of his personal goals, including with studies and finding satisfying work.
[13]. The Hospital Report's update for this hearing begins on page 33. It confirms that Mr. Kanyamuneza's current diagnoses are:
Schizoaffective disorder, bipolar type, most recent episode manic, currently in full remission
Cannabis Use Disorder, moderate, in sustained remission
It also details the following positive developments that took place over the course of the past review period:
Mr. Kanyamuneza continued to participate in programming (including concurrent disorders education) and in prosocial activities. He has been physically active, engaged with his family and his church. He has deliberately sought out positive associations and has responded to conflict in healthy ways.
Mr. Kanyamuneza has been a prosocial influence on peers. He has been respectful and has engaged on vocational therapy to help him in his search for employment. He interviewed and received a job offer as dishwasher at a local bar and cooperated with supports that helped structure that employment to match his needs under the Ontario Disability Support Program. This initial source of employment led to further part-time employment on weekends.
Mr. Kanyamuneza has been responsible with his money, saving to pay off debt. He integrated well with his family and has been helpful in the family home.
[14]. The Board was saddened to hear of the passing of Mr. Kanyamuneza's grandmother in December 2024 but was pleased to hear of the positive way that Mr. Kanyamuneza dealt with the stress and grief of her passing. Most importantly, the Hospital Report says that Mr. Kanyamuneza "continued to demonstrate a positive trajectory in his rehabilitation. He had no symptoms of mania and psychosis... he did not experience any substance use relapses. He also did not demonstrate any physical or verbal aggression."
[15]. The Hospital Report includes a Risk Assessment, relying on the HCR-20 Version 3 structured clinical risk assessment tool. That instrument indicated that Mr. Kanyamuneza presented with zero of five clinical risk factors and with only one of five risk management factors (being possibility of future problems with stress or coping). The Hospital looked to this Risk Assessment as further support for its position that Mr. Kanyamuneza does not represent as significant threat to the safety of the public.
[16]. In his evidence to the panel, Dr Sandhu adopted the contents of the Hospital Report. He testified that the manager of the transitional housing that had provided accommodation for Mr. Kanyamuneza was disappointed to see him leave because of the value of his positive influence on other residents. Dr Sandhu further testified of the several supports and skills Mr. Kanyamuneza has developed to help him cope with future stresses. He echoed that Mr. Kanyamuneza was positively pursuing goals in the community associated with employment and education and has been paying off debts. He has been mindful of his need to take leaves of absence from employment in response to stresses. A plan is in place for Mr. Kanyamuneza to maintain his association with the Hospital and with other supports based on his understanding that he has a need for lifelong psychiatric treatment.
[17]. In response to questions from the representative of the Attorney General, Dr Sandhu testified that Mr. Kanyamuneza was able to recognize signs of decompensation and that he further understood what was required in terms of rest and physical health to help manage his major mental illness. He manifests internally driven insight as well regarding the impact substances have on him. Dr Sandhu testified that Mr. Kanyamuneza did not maintain any preoccupation with the victim of the index offences and that he expressed accountability and remorse for what she had occasioned because of his major mental illness.
Conclusion
[18]. As noted, at the end of the hearing, the panel was presented with a joint submission that the evidence failed to establish that Mr. Kanyamuneza represented a significant threat to the safety of the public. The Board deliberated and agreed. Mr. Kanyamuneza does deal with a major mental illness and will require medications throughout his life. Cannabis continues to be a substance of concern for him. But he has continued to show internally motivated insight across all realms. He has maintained prosocial activities. He has realistic expectations of himself and others and sets appropriate boundaries. He is goal-oriented and has made the progress in achieving several goals over the course of this last review period, as hoped for by the previous panel. He has a plan for ongoing support with the Hospital and Dr Sandhu and benefits from the support of his family and the positive associations he has focused on developing over the past two review periods. All of this, together with his demonstrated ability to identify his own limitations in terms of stress, supports the conclusion that Mr. Kanyamuneza no longer represents a significant threat to the safety of the public. The Board has issued an absolute discharge accordingly.
[19]. The Board thanks all who have participated in this hearing for their assistance and wishes Mr. Kanyamuneza the very best in his future endeavors.
DATED this 10th 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