Ontario Review Board
Re: Rajesh Lachmandas Thawani
ORB File No: 8606
Hearing held on: Thursday, February 27, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.47(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: Rajesh Lachmandas Thawani Counsel: Mr. M. Davies Person in charge of the hospital: Representative Dr. A. Sandhu Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction
On August 9, 2024, the accused, Rajesh Lachmandas Thawani, was found not criminally responsible on account of mental disorder on charges of harassment by threatening conduct to other person (x2), assault (x3), forcible confinement (x2), theft not exceeding $5000, break and enter, and sexual assault, all contrary to the Criminal Code of Canada. At the time of the finding of not criminally responsible, the Honourable Court did not make a disposition and referred the matter to the Ontario Review Board.
On February 27, 2025, the Ontario Review Board convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct Mr. Thawani’s initial hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Thawani attended his hearing and was represented by Mr. Michael Davies, who was appointed as counsel for the hearing pursuant to s. 672.5(8)(b) of the Criminal Code.
At the outset of the hearing the following documents were entered as Exhibits:
Victim Impact Statement of AM
Charge sheet
Criminal Record
Release Order
Transcript, August 9, 2024
Information(x2)
NCR Report dated July 16, 2024
Hospital Report dated February 10, 2025
The issues for this hearing are whether Mr. Thawani represents a significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition, having regard to the factors set out in s. 672.54 of the Criminal Code.
For the reasons set out below, the Board finds that Mr. Thawani does not pose a significant threat to the safety of the public, and accordingly, we grant him an absolute discharge.
Index Offences
- The circumstances of the index offences have been extracted from the hospital report and are summarized as follows:
“On Monday, June 19, 2023, at 08:11hrs, the accused, Rajesh Thawani, broke a friend's front door window at 629 Blair Road, stripped naked in the driveway, re-dressed and drove away prompting a call for service with the Ottawa Police Service.
Mr. Thawani was located by officers on the third floor of his home address at 2000 Jasmine Crescent where he was apprehended under section 17 of the Ontario Mental Health Act and brought to the hospital.
At 15:56hrs, Cst Mlynaryk, received a call from the daughter of a victim, Maryan Yousef who was assaulted by Thawani prior to being apprehended. At the time, YOUSEF did not wish to proceed with charges.
On Friday, June 23, 2023, at 12:22hrs, Cst Mlynaryk along with Cst Abdulkadir attended Yousef's residence in response to Yousef changing her mind about charges. Cst Abdulkadir provided translation for Yousef who speaks Somalian and obtained a statement. In addition, Cst Mlynaryk obtained CCTV for the assault. The file was assigned to Det Flores from the East Investigations Unit of the Ottawa Police Service.
Det Flores reviewed Cst Abdulkadir's Investigative Action and the CCTV. On Monday, June 19, 2023 at approximately 08:32hrs, Thawani was alone in an elevator at 2000 Jasmine Crescent when the door opened and he stepped out briefly and re-entered followed by the first victim, Maryam Yousef. Once the door closes, Thawani turns toward Yousef, bends down and lifts her skirt up with his right hand (count 1 assault). With his left hand, holding an object, Thawani moves that hand toward her pelvic area, but the hand and object disappear under her skirt (count 2 – Harassment threatening conduct). While Thawani is still holding her skirt, Yousef moves to the elevator buttons and manages to push one button. Yousef makes an attempt to push another button but is pulled away from the button by Thawani effectively confining her inside the elevator (count 3)- forcible confinement). Yousef stated in her statement that she feared for her life and was not sure if she was going to be raped or kidnapped. The elevator door opens on the eight floor and Thawani is trying to pull Yousef out of the elevator. Yousef is seen using her right elbow against the elevator wall and planting her feet. Thawani with two hands on her skirt manages to pull Yousef out of the elevator and as he does, Yousef's cell phone is seen dropping to the floor outside the elevator doors.
Meanwhile, Alvin Molito and his son, Aleph Molito (10 years old) and daughter, Zayin Molito (seven years old) are waiting for the elevator for the children to go to school. They hear screams from a woman inside the elevator. As the door opens, a woman is dragged outside the elevator by a male. The woman is screaming “help,” “911,” “call the police,” as she is pointing to her phone on the ground. Alvin asks if everything is OK and if they are together. The woman yells “No.” The male is not saying anything but gives a thumbs up sign to Alvin. The woman starts to hit Thawani to let go of her Thawani eventually releases Yousef and focuses his attention on Molito’s children, especially Zayin. Thawani moves forward and the children are screaming behind Alvin. Thawani extends his arm towards Zayin (count 4 – assault). Alvin pushes Thawani back but Thawani keeps coming back moving forward (count 5 – harassment by threatening conduct to other person). Alvins wife opens their door as the children are screaming and the children run back inside their apartment). Thawani tries to go around Alvin but Alvin grabs onto his arm.
The screams of the children awaken Molito’s neighbour, Souad Der Khachadourian (83 years old). Der Khachadourian opens the door to her unit to check on the children. Thawani breaks free of Alvin’s group and runs inside (count 6 – break and enter and commit) Der Khachadourian’s apartment pushing her away from the door as he enters (count 7 – assault). Thawani runs around inside the unit, then takes an ice cream box from a freezer. Der Khachadourian tries to open her apartment door but Thawani pushes her aside and locks the door confining her in her apartment (count 8 – forcible confinement). Der Khachadourian pleads for Thawani to leave which he eventually does taking the ice cream box with him (count 9 – theft under $5000).”
Background History
Mr. Thawani’s background information is set out in detail in the hospital report dated February 10, 2025. Briefly summarized, Mr. Thawani is presently 59 years and was born in Mumbai, India. Mr. Thawani believed that he was able to reach his developmental milestones on time; however, he said he suffered from throat and sinus issues during his childhood. He was raised in Mumbai with his mother, his father and his two older siblings. His older brother died from cirrhosis of the liver in 1997. His older sister, Sunita, is 64 years old and resides in Mumbai. His mother is deceased and his father is in his nineties and lives in Mumbai.
At approximately six years of age, Mr. Thawani experienced the armed conflict between India and Pakistan. He remembers his family having to cover the windows in their house and hide to avoid detection during the war.
Mr. Thawani otherwise describes that he had a “very happy childhood” and he and his family would take a yearly vacation to New Delhi to visit his maternal grandparents. Mr. Thawani graduated high school at the expected time and immediately began studying Engineering at Sardar Vallabhbhai Regional College of Engineering & Technology (SVRCET) in Surat, India.
During his first year of his studies, in 1984, the Prime Minister of India was assassinated. Following the assassination there were riots and his studies were delayed for about six months. He graduated from university after four years of studies. After completing his studies, he returned to live in Mumbai and worked for Otis Elevators for a year and then for another company as an Engineer for about four years.
In 2001, he immigrated to Canada and initially lived in the Toronto area. He found a job working at a Home Depot in Etobicoke in 2003. He then enrolled in the Master of Engineering program at the University of Ottawa. After moving to Ottawa, he began working part-time as a Sales Associate at the Home Depot, Cyrville location.
In 2005, Mr. Thawani dropped out of university. He denied experiencing any mental health issues around this time. In 2007, Mr. Thawani re-attempted to finish his graduate studies, however, he again left his education without completing the requirements of the Master’s Program. He then increased his hours to full-time at the Home Depot. Around that time, he purchased a condominium, at 2000 Jasmine Crescent in Ottawa. He lived there alone and continued to work full-time at the Home Depot.
Over the next several years he would take an annual vacation oversees. Mr. Thawani shared that in May 2022 his voice became hoarse. He attended an assessment and in October 2022 he was diagnosed with throat cancer. In November 2022, he took a medical leave of absence from work while he received radiation and chemotherapy treatment.
In December 2022 his older sister, Sunita, came from Mumbai to Ottawa to help care for him during his cancer treatment. She lived with him during that time at his apartment and she returned to Mumbai in February 2023. In April 2023 he completed his cancer treatment and had lost fifty pounds as a result. He gradually returned to work.
Following his release from OCDC, he had conditions not to return to his home. He initially stayed with friends and then found a room to rent. He almost immediately returned to work after his release. In October 2023, he moved to 2178 Erinbrook Crescent in Ottawa where he has continued to reside with a roommate.
Legal History
- Mr. Thawani does not have any history of criminal charges pre-dating the index offences. He also reported having had no criminal charges prior to moving to Canada.
Psychiatric History
Mr. Thawani had a history of one possible concussion in grade school. He did not recall the details, however, recalled that he may have lost consciousness and was taken to hospital for the head injury. He was not admitted to the hospital and returned home.
On October 17, 2022, Mr. Thawani was diagnosed with throat cancer (squamous cell carcinoma of the vocal cord). He began treatment on December 1, 2022, and participated in 35 sessions of radiation treatment and three rounds of chemotherapy. During the second round of chemotherapy, he lost a significant amount of weight, roughly fifty pounds. After completing chemoradiotherapy, Mr. Thawani continued to work with a registered dietician as he had difficulty eating solid foods and his diet largely consisted of Resource supplement drinks and soups. By June of 2023, he had recovered weight. He is currently in remission from throat cancer and continues to be monitored by his oncologist in follow up (Dr. Gaudet, The Ottawa Hospital, General campus) every three months.
Mr. Thawani’s current diagnosis is Delirium due to multiple etiologies.
Evidence at the Hearing
The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. A. Sandhu. This evidence is summarized below.
Dr. Sandhu adopted the contents of the hospital report and explained that in 2023, Mr. Thawani had completed chemotherapy for throat cancer and that he was in full remission at the time of the index offences.
Mr. Thawani experienced delirium and was exhibiting fluctuating levels of delusional thinking at the time of the alleged offences. Mr. Thawani had attended the Ottawa Hospital’s Emergency department prior to the index offences and reported that he was experiencing distressing suicidal ideation and a sense of impending anxiety. He was noted to be significantly distressed. After speaking with a nurse, he then left and returned home after which he committed the index offences.
After the index offences Mr. Thawani went to the Montfort Hospital with police and was discharged in the following days without any specific treatment. The diagnosis was that of delirium. When he was assessed at the Montfort Hospital, Mr. Thawani was also experiencing auditory hallucinations and was disorganized and incoherent in his speech. It was also found that Mr. Thawani had a high white blood cell count which could be the sign of an infection.
Following the finding of NCR Mr. Thawani was followed in general psychiatry by Dr. Lahaie who ended the follow up due to the risk of reoccurrence of the delirium being low. Dr. Lahaie is confident of the diagnosis of delirium which is believed to be an adverse effect of the chemotherapy that Mr. Thawani was receiving for his cancer. As well, it is believed that Mr. Thawani may have returned to work too early after his cancer treatment in mid-April of 2023.
Mr. Thawani continues to reside in a rented apartment away from the condominium that he owns where the index offences occurred. He is currently renting out his condominium and has not decided what he will do in the longer term.
Mr. Thawani is back at his job at Home Depot and has travelled to India over the course of the past year to visit with family and plans to visit the United States in the coming year as well to visit with friends and family.
With respect to his cancer, Mr. Thawani continues to follow-up with oncology and consented to the disclosure of his oncology records for purposes of his psychiatric assessment.
In response to questions posed to him by counsel for the Attorney General, Ms. Dufort, Dr. Sandhu responded as follows:
(a) If Mr. Thawani is granted an absolute discharge, due to the fact that he does not have a major mental illness, he would likely not have access to groups which are of assistance to patients who present ongoing risk. Dr. Sandhu believes that Mr. Thawani would be eligible for something voluntary in the community in terms of mental health services to help him if he has any concerns. There would likely need to be a safety plan in place where Mr. Thawani would be able to liaise with mental health services if anything further arises.
(b) With respect to supports in the community, Mr. Thawani’s family is not in Ottawa, but he does have friends at his workplace and has some cultural connections in the community. His closest family members are his sister and father who reside in India.
(c) Dr. Sandhu has indicated that he would be prepared to continue to see Mr. Thawani in the meantime as they have been meeting regularly during the assessment process and since Mr. Thawani was found not criminally responsible.
(d) According to Dr. Sandhu, Mr. Thawani does have insight into the need to ensure that he protects himself against any further such episodes. He has expressed some concern that this could happen again if he had physical health problems.
(e) Mr. Thawani expresses great remorse for the harm that he caused to others during the index offences.
(f) According to Dr. Sandhu, Mr. Thawani does not know what his intentions are regarding his condominium and whether he would try to move back there. This will need to be discussed, and Dr. Sandhu is happy to help him navigate this. Mr. Thawani is very aware that his actions had significant impact on the victims. He could also have a community mental health case worker to help him navigate this if and when it happens.
(g) According to Dr. Sandhu, Mr. Thawani is insightful and has been very cooperative with this process. This episode of delirium is thought to have occurred because of the consequences of his physical health illness and a reaction to the treatment of cancer combined with sleep issues and possible infection.
In response to questions posed to him by counsel for Mr. Thawani, Mr. Davies, Dr. Sandhu agreed that Mr. Thawani is a pleasant and agreeable person to deal with and that he does not show any signs of maladaptive personality issues. Dr. Sandhu has no concerns about him minimizing or exaggerating his symptoms.
Dr. Sandhu has not felt any pushback from Mr. Thawani throughout this entire process and Mr. Thawani has expressed great remorse and is generally shocked by his behaviour at the time of the index offences. He understands that he has been found NCR but that the offences did occur which is still very perplexing to him. He also feels that this impacted his work and his co-workers given his absence from work.
In response to questions posed to him by members of the panel, Dr. Sandhu responded as follows:
(a) Dr. Sandhu confirmed that Mr. Thawani’s bloodwork is back to a normal state and that he does not show any signs of predisposition to infection. Dr. Sandhu also confirmed that Dr. Lahaie at the Montfort Hospital had offered follow-up but that because Dr. Sandhu has been seeing him, they did not feel that he needed to continue with the outpatient follow-up at the Montfort Hospital. Dr. Sandhu expects to continue to see Mr. Thawani for the short or mid-term and there is no end date to that follow-up.
(b) Dr. Sandhu confirmed that Mr. Thawani did not, at any time, take any medication for his condition and that the delirium had resolved prior to his discharge from the Montfort Hospital. He has not required any medication for sleep or for anything else. Mr. Thawani’s condition has improved greatly with adequate sleep and less proximity to his chemotherapy.
(c) It is possible that Mr. Thawani’s high white blood cell count could have been the product of a return to strenuous work after a considerable weight loss. In any event, these assumptions help to understand how Mr. Thawani can mitigate the risk of this ever reoccurring.
(d) Finally, Dr. Sandhu confirmed that he is still assisting Mr. Thawani and canvassing possible options for community follow-up and that “CMHA case management-light” could be an option for Mr. Thawani. As well, Mr. Thawani could look at something more age appropriate or within his cultural community or an organization for people that have had cancer.
- No other evidence was presented.
Submissions of the Parties
- The Board was presented with a joint submission of all parties that Mr. Thawani does not meet the threshold of significant threat to the safety of the public and that he should be granted an absolute discharge.
Analysis and Conclusion
Having considered all of the evidence tendered at the hearing, and the joint submission of the parties, the Board finds that on the basis of the evidentiary record before us, we are unable to make a positive finding of significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada, and as further defined by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
In Winko, the Court identified a significant risk as a "real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature". There must be a positive finding by the Board of a significant risk to the safety of the public to engage the provisions of the Criminal Code and to support restrictions on an NCR accused’s liberty. Something else, for example, uncertainty, cannot suffice. If the Board cannot resolve the question of whether or not the NCR accused constitutes a significant threat to public safety, it must grant the accused an absolute discharge.
This is an unusual case. Mr. Thawani is an individual who landed in a very difficult medical situation. He has no psychiatric history, no maladaptive personality issues and no history of offending behaviour. He experienced a serious episode of delirium, which is believed to be related to the chemotherapy treatment that he underwent for cancer, and possibly the stress on his health of a premature return to work.
The delirium caused delusional symptoms and hallucinations which led to Mr. Thawani acting out in a bizarre, assaultive and intimidating manner. There is little doubt that the behaviours of Mr. Thawani, while experiencing delirium, caused serious psychological and physical harm to the victims, who were essentially unknown to him but resided in the same condominium building.
The symptoms of the delirium resolved quickly and required no pharmacological treatment. There is no evidence that Mr. Thawani has had any recurrence of symptoms in more than one and a half years that have elapsed since the index offences.
Mr. Thawani has been cooperative and consistent with follow-up and has demonstrated an openness to open to mental health support and plan for community support. He appears to genuinely wish for this not to happen again and appears to be internally driven to prevent that from ever happening again. He should continue to avail himself of the supports offered to him and to develop and put in place a safety plan should there be any recurrence of symptoms, as remote as that likelihood appears to be.
In view of the foregoing, this Board finds that Mr. Thawani does not meet the threshold of significant risk to the safety of the public and we order that he be absolutely discharged.
In making this Disposition, the Board has reviewed the provisions of s. 672.54 of the Criminal Code and has carefully considered the need to protect the public from dangerous persons, the mental condition of Mr. Thawani, his reintegration into society and his other needs.
DATED this 10^th^ day of April 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Labrosse Alternate Chairperson
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Office of the Registrar Ontario Review Board