Ontario Review Board
Re: Mohammad D. Wali
ORB File No: 8372
Hearing held on: Wednesday, February 12, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. G. Glancy
Dr. G. Boulais
Mr. P. Hageraats
Mr. A. Bernardo
Parties Appearing:
Accused: Mohammad D. Wali
Counsel: Ms. K. Irwin
Person in charge of hospital: Representative: Dr. F. Wood Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 9, 2025)
Introduction
On August 16, 2023, Mohammad D. Wali, appeared in Court on a charge of assault, contrary to the Criminal Code of Canada.
The Court received psychiatric evidence establishing that Mr. Wali was suffering from a mental disorder when he committed the offence. Based on that evidence, the Court ruled him to be not criminally responsible on account of mental disorder (NCR).
Mr. Wali is subject to an initial disposition of the Ontario Review Board (ORB or “the Board”) dated February 23, 2024. He was ordered detained at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (ROMHC or “the hospital”). Mr. Wali was awarded privileges, including to live in the community in accommodation approved by the person in charge of the hospital. The disposition also prohibited Mr. Wali from having any contact with the victim of the index offence.
On February 12, 2025, the Board convened at the ROMHC to conduct an annual review. Mr. Wali attended in person. He was represented by counsel, Ms. Kate Irwin.
The Board received direct testimony from the attending psychiatrist, Dr. Floyd Wood, along with documentary evidence, including the cumulative hospital report, dated January 10, 2025.
The issues to be considered by the Board are whether Mr. Wali presents a significant threat to the safety of the public, and, if so, to determine the necessary and appropriate disposition.
Positions of the Parties
- The Board was presented with a joint submission by all three parties, namely that Mr. Wali continues to present a significant threat and that, to manage the level of threat, a detention order, on the same terms as before, is necessary and appropriate. For the reasons set out below, the Board adopted the joint submission.
Current Psychiatric Diagnoses, Hospital Report, p. 26
Schizophrenia
Crack Cocaine Use Disorder, recent use in early remission
Amphetamine-Type Use Disorder, (Crystal meth) in sustained remission
Unspecified Trauma- and Stressor-Related Disorder
Index Offences
- The circumstances are described in the hospital report and in last year’s Reasons for Disposition dated March 28, 2024. In summary:
On June 17, 2023, in the early evening, the victim, Ms. D, was walking on the east side of Elgin Street, heading north towards the National Arts Centre. Mr. Wali was walking south on Elgin Street, on the opposite sidewalk. He yelled out, “you killed my man, you killed Jesus.” Mr. Wali then crossed the street. He ran toward Ms. D, hitting her on the back with all his strength.
Ms. D tripped and fell over another man in front of her. She reported that Mr. Wali jumped behind her and landed with a strike on her back. She was wearing a short white dress. Mr. Wali’s hand left a stain on the back of the dress.
Ms. D ran away and took refuge in the National Arts Centre. Mr. Wali chased her. Once she was safe inside the NAC, Mr. Wali stood outside, staring at her.
Mr. Wali was a stranger to the victim of the offence.
The police report indicates that before the attack, Mr. Wali had been yelling at other passersby.
A short time later, police officers located Mr. Wali nearby. When he saw them approach, he began to walk in the opposite direction. He eventually stopped when they directed him to do so. Upon arrest, the police found numerous crack pipes on his person. Initially, he refused to identify himself. Later, he provided his name.
When asked if he understood his rights to counsel, he said, ‘I’m on general, you bitch.’ When asked if he wanted to call a lawyer, he said, ‘In another country, you’re too stupid’. At times, Mr. Wali appeared to be speaking to himself.
A month earlier, on May 9, 2023, police officers had an encounter with Mr. Wali on the grounds of Ottawa City Hall, close to Elgin Street. Witnesses reported a man on the front lawn, holding a large kitchen knife. The man appeared to be distressed. He had not acted aggressively but was seen waving the knife. The police officer approached Mr. Wali, who slowly handed over the knife. A second smaller paring knife was found in his pocket, along with multiple used crack pipes. He was charged with breach of probation.
At the time of the index offence, Mr. Wali was bound by a probation order dated August 2, 2022, resulting from previous findings of guilt on charges of theft, mischief, and breach of undertaking. Throughout 2022, Mr. Wali failed to report to his probation officer.
Personal History
Mr. Wali is 53. Following his arrest on the June 2023 index offence, he remained in custody at the Ottawa Carleton Detention Center (OCDC). Before the arrest, he had been homeless and was staying mainly at the Shepherds of Good Hope shelter. Mr. Wali had been in the shelter system for three years. He is single and has no dependents. At the time, he was not receiving any form of financial assistance.
Mr. Wali has reported he is estranged from his family. At the time of last year’s ORB hearing held on February 9, 2024, the hospital had not been able to obtain any information from collaterals about his background. Currently, the hospital social worker is trying to locate family members by conducting searches on Facebook.
Mr. Wali was born in Afghanistan. His mother was in good health during pregnancy. To his knowledge, as a child, he enjoyed good health. Mr. Wali has four older sisters and three older brothers. His father was a “Deputy Mayor”. Two of his uncles were Governors of different states in Afghanistan. The family was well known and influential, with one Uncle becoming the head of Parliament. The other was a television personality. They were well off and lived in a large house.
Mr. Wali has reported a history of abuse suffered at a very young age. Feeling shamed, he never informed his family.
Mr. Wali attended a German private school and later an American private school. He completed High School. Mr. Wali has reported details of the conflict in Afghanistan going back to the time of the Russian occupation from 1980. He reported having been tortured for information about his brother. At the young age of 15, Mr. Wali left Afghanistan with his mother. They travelled through Pakistan on a dangerous journey exposed to risks of life from rockets and landmines along the way.
Mr. Wali’s father wanted him to continue his studies in Canada. An older brother had remained in Pakistan. Soon after the family arrived in Pakistan, they spent considerable funds to help him come to Canada. Once here in Canada, Mr. Wali first lived with a family friend in Toronto, renting a room. Resuming high school, he eventually settled in Toronto where he reported that he did well. Mr. Wali was making good money and got to the point of owning his own business.
Mr. Wali has worked several jobs, including in the retail sector, as a condominium building superintendent, operating a forklift, and on construction. While the family remained in Pakistan, he provided them with financial support, sending out three thousand to four thousand dollars a month.
Mr. Wali met an Afghani woman who was in Pakistan. He supported her financially for two years. They intended to marry as soon as he became able to meet the financial requirements to sponsor her immigration to Canada as a member of the family class. When she landed here in 2010, it was clear she had no intention of marrying but had only taken advantage of Mr. Wali’s financial situation. Before Mr. Wali could even meet her on arrival in Montreal, she disappeared. He felt very used, having spent over twenty thousand dollars.
This experience caused severe depression in Mr. Wali. He stopped trusting people. He had trouble getting back on his feet and struggled at work. Since 2010, he has never felt the same.
Mr. Wali’s parents are both deceased. For the last twelve years, he has had no contact with his siblings.
Criminal History
While the criminal record is extensive, it contains no entries for threats, weapons or violence. There are three separate periods of court involvement: 1991-2001, 2014-2019, and, following this, a pair of minor entries from August 2022.
All of Mr. Wali’s court appearances and sentences have involved less serious thefts and related charges. Most of the 18 court dates saw him sentenced to non-custodial outcomes. Relatively few jail sentences were imposed. Some were for under ten days, with others at less than 30 days.
Substance Use History
Mr. Wali has reported he was drinking alcohol daily in 2012, for a period of three months. He will use cigarettes occasionally. He reports not using cannabis after having tried it just once. According to Mr. Wali, cannabis “clings onto your spinal cord and shuts down your memory”.
Asked about stimulants, Mr. Wali reported he had tried speed (amphetamines), but it made him jittery. He would smoke crack cocaine regularly, because it helped with his “OCD”, but it almost made him forget things. Mr. Wali further reported having used crack, significantly so in his 20s, and that he started up again in 2019. His use was “off the charts, all the time”. His last use was in late Spring of 2023, shortly before the arrest on the index offence.
Mr. Wali also reported regularly using crystal meth (methamphetamines) in 2022, for about a year, in the time leading up to the index offence.
Mr. Wali reported having tried mescaline, acid, and hash when in his 20s. In about 2011, he tried heroine. For the periods when he was incarcerated at the OCDC, from mid-June 2023 to his release on bail in August 2023, and following his further arrest in November 2023, Mr. Wali reported no use of substances while in jail.
Psychiatric History
In May 2014, Mr. Wali was seen at the Emergency department in the Toronto St. Michael’s Hospital. Details are not clear, nor regarding some earlier contacts with an ambulatory clinic in June and December of 2013.
Between 2013 and 2019, Mr. Wali was prescribed medications for depression and anxiety.
In July 2023, when Dr. Wood and Dr. Hwang began seeing Mr. Wali at the OCDC, their impression was that he was suffering from an Unspecified Schizophrenia Spectrum and other psychotic disorders. Dr. Wood and Dr. Hwang continued follow-up while he remained in custody. Mr. Wali was provided with antipsychotic medications which helped to improve his condition.
Mr. Wali was later seen by Dr. Selaman who became his first attending psychiatrist at the ROMHC. In her NCR report to the court, Dr. Selaman included the diagnosis of Stimulant Use Disorder (crack cocaine and crystal meth), in early remission, in a controlled environment.
Dr. Selaman noted a longstanding pattern of stimulant use leading to a failure to fulfill major obligations and having persistent and recurrent social and inter-personal problems related to stimulant use. According to Dr. Selaman, while stimulant use continued, despite these persistent problems, Mr. Wali would attribute only positive effects to his use of crack cocaine and crystal meth.
Course Following the Initial ORB Hearing, held on February 9, 2024
At Mr. Wali’s initial ORB hearing, Dr. Selaman confirmed that Mr. Wali was showing improvement in his mental state following treatment with antipsychotic medications. She expressed cautious optimism about his hoped-for progress, with much depending on his future participation and engagement with treatment.
Mr. Wali’s ability to abstain from substances and the availability of stable housing was also said to affect his future trajectory. Mr. Wali was described by his psychiatrist as having good insight. His substance use was in early remission. Dr. Selaman added, she found it hard to say whether Mr. Wali would continue to abstain once he were to move to a less controlled setting. Were he to resume using substances, this would be a pathway to a much-increased risk of his again becoming disorganized and symptomatic. The hospital treatment plan proposed having Mr. Wali attend counselling groups for concurrent disorders.
In the Board’s conclusions from the initial hearing, the Board noted that Mr. Wali’s compliance with medication and continued abstinence from illicit drugs would be critical to his achieving an even better state of mental health and stability, while reducing his risk to the community. The Board also noted that Mr. Wali was not showing any signs of preoccupation about the victim of the index offence. She was a stranger to him. The Board noted Mr. Wali was showing real improvement in recent months following the NCR verdict, which was most encouraging.
On June 20, 2024, Mr. Wali was released from OCDC custody - to reside at Whymering Manor as directed by the hospital. He remains a resident of that facility to this day. By early August 2024, Mr. Wali had been attending all his hospital assigned programs and groups. He was described as a reliable and engaging participant. Mr. Wali reported still experiencing some depression and was recommended to participate in psychological counselling, including behavioral activation. Antidepressant medication was provided.
Mr. Wali participated in occupational therapy. He showed excellent insight into his mental and physical health while also demonstrating resilience and internal motivation to recover, to take on structure in his day, and to take on normative roles in the community such as eventually returning to work. Mr. Wali was independent in cooking and grocery shopping and showed good knowledge of practical skills needed for independent living situations. He wanted to take things slowly, understandably so, and not put too much pressure on himself while adjusting to having a new diagnosis of Schizophrenia, while still struggling with low mood. It was recommended that he would be able to live independently once he felt ready. It was proposed that, before doing so, Mr. Wali would benefit from a period of transition at the hospital-sponsored Lebreton Group Home.
Mr. Wali experienced a psychiatric admission to the Montfort Hospital from October 9 to 15, 2024, following depressive symptoms associated with worsening auditory hallucinations as well as Hypothyroidism. Details of the hallucinations affecting Mr. Wali in October 2024 are recounted in the hospital report at p. 23. The report notes that throughout the hospitalization, there were no overt signs of any psychotic decompensation. With Mr. Wali reporting that the auditory hallucinations had resolved, and with no other concerns arising throughout the hospitalization, he was discharged back to his group home on October 15, 2024. In the following months, Mr. Wali remained stable. He continued to engage regularly in groups with no concerns expressed by group home staff.
In early 2025, Mr. Wali relapsed into substance use. On January 6, 2025, he disclosed having spent $500 on crack cocaine over the weekend. He was concerned about how this would impact his potential transition to the Lebreton Group Home. Later, when Mr. Wali provided a cold urine sample to the outpatient nurse, he was redirected to provide a fresh sample. He acknowledged having tried to avoid having drugs detected in his urine for his upcoming ORB hearing. When he then provided a fresh sample, it tested positive for cocaine metabolites.
Following this, when the outreach nurse associated with the Lebreton facility became involved, Lebreton decided Mr. Wali needed to consider more addictions support and to undergo a period of stability before they would transition him to Lebreton. Mr. Wali was referred to the hospital addictions counsellor, Heather Potter-Gilmour.
On January 8, 2025, when Dr. Wood discussed these matters with Mr. Wali, he confirmed having used crack cocaine. He had been abstinent from drugs for about thirteen months up to then and was disappointed in himself. In previous years, for ten years, Mr. Wali had been able to maintain abstinence. He is now optimistic about his recovery.
When discussing the most recent relapse, Mr. Wali reported feeling depressed and that he had decided to find crack cocaine to improve his mood. At the current ORB hearing held on February 12, 2025, it was learned that Mr. Wali has since used crack cocaine twice, on January 10 and February 4, 2025.
Dr. Wood’s main treatment focus is to work on the patient’s triggers for cocaine use, which Mr. Wali identifies in terms of depressive moments. The treatment plan is looking at an application to Sobriety House or to a similar 28-day substance abuse program. In the meantime, Mr. Wali has been attending the hospital’s outpatient substance use treatment program. Some adjustments to anti-depression medication are also being made.
In October 2024, when Dr. Selaman left the hospital, Mr. Wali’s psychiatric care was transferred to Dr. Floyd Wood. Dr. Wood is the author of the cumulative hospital report. In testimony before the Board, Dr. Wood advised that he is trying to determine if Mr. Wali is experiencing triggers leading to substance use that may have to do with an element of bipolar disorder. Dr. Wood intends to continue treating Mr. Wali’s condition using appropriate medications and to engage him in individual psychotherapy. Otherwise, Mr. Wali has done quite well at the group home. There have not been any behavioral issues or disturbances during his time there. His thyroid condition is also being well managed with medication.
Responding to questions from both counsel for the Attorney-General and for the patient, Dr. Wood confirmed that Mr. Wali has shown recent improvement in terms of his depressive feelings. Earlier, the team had missed noticing some depressive features when Mr. Wali was spending more time in bed and was starting to miss scheduled meetings. According to Dr. Wood, Mr. Wali is appropriately disclosing his use of illicit substances. Terms of the existing disposition do not require any change for Mr. Wali to be able to attend residential substance use treatment at Sobriety House. He is on a waitlist at that facility and could start there within approximately one month’s time. Upon completion of such program, Mr. Wali’s accommodation at Whymering Manor will still be available for him. In addition, the hospital addictions counsellor will be involved, one-to-one.
Mr. Wali attends recreational therapy activities in addition to concurrent disorders. The multi-disciplinary perspective being brought to his care is designed to focus on issues of boredom and his need to enjoy an appropriate quality of life.
Dr. Wood confirmed that Mr. Wali is interested in reconnecting with family, none of whom are in Canada. Dr. Wood was encouraged to report that very recently, a response of some kind has come in from a nephew.
Dr. Wood was asked about possible underlying trauma. Dr. Wood noted he has seen significant improvement in Mr. Wali’s condition, compared to when he first started on medications provided while incarcerated.
Asked about the possibility of future travel, Dr. Wood does not feel that travel outside the Ottawa area would be appropriate for now, given the issue of recent substance use and Mr. Wali’s current involvement in treatment. That said, Dr. Wood felt that at the next Board review, it could be reconsidered.
The parties presented no further evidence.
Current Violence Risk Assessment
- Dr. Wood confirms in the report that Mr. Wali presents a moderate risk for future violence. Based on Dr. Wood’s recent use of the HCR-20 version 3, structured clinical judgment tool, Mr. Wali presents several risk factors. Dr. Wood wrote that the primary dynamic risk factor is Mr. Wali’s major mental illness, his newly diagnosed Schizophrenia. It was only when he was assessed for criminal responsibility that he had enough contact with the mental health system to obtain treatment and achieve abstinence from substances that worsen psychosis. Mr. Wali has responded very well to treatment with antipsychotic medication. His insight is also good. Now that he has shown improvement, his engagement has improved. Over the past year, this has been highlighted as a strength.
Submissions of the Parties
- Counsel for the patient and for the Attorney-General supported the hospital’s recommendation. Speaking for the Crown, Ms. Dufort noted the concerns about recent substance use while also acknowledging that Mr. Wali has been cooperative and keeping in close contact with the hospital treatment team. On behalf of Mr. Wali, Ms. Irwin advised she had little to add, and that the status quo remains appropriate. Otherwise, according to counsel, Mr. Wali has had a very good year. The difference in his condition, compared to before, is obvious. There are several positive elements, going forward, to keep in mind. Ms. Irwin encourages the hospital and Mr. Wali to follow-up on the recommendation that he attend the 28-day substance use program.
Conclusions and Disposition
Based on the evidence, and supported by the appropriate joint submission, the Board had no difficulty coming to the unanimous conclusion that Mr. Mohammad D. Wali continues to present a significant threat to public safety. This is based on the bizarre and quite concerning index offence, coupled with the clear evidence of the patient’s mental condition leading to that offense. Mr. Wali requires further support and supervision in the forensic context to consolidate the gains he has made and to see him continue working on developing the enhanced skill sets that will assist him to eventually, and possibly soon enough, come to more fully reintegrate into the community.
It is to Mr. Wali’s credit that he has been, from the outset, cooperating fully with his psychiatrists and other members of the forensic treatment team. Keeping in mind the nature of his condition, and the still present potential for relapsing into a most concerning form of substance use, it remains necessary and appropriate that the hospital be able to readmit the patient should any new signs of declining mental state arise. In addition, while Mr. Wali continues to be in the early phases of treatment and recovery, it is necessary and appropriate that the hospital be able to formally evaluate and approve his place of residence.
The Board considered the availability of a discharge with conditions. However, in light of what is known, this would not advance Mr. Wali’s current course of treatment, nor would it ensure an adequate measure of public safety.
For these reasons, having regard to the primary consideration of keeping the public safe, and balancing Mr. Wali’s mental condition, his reintegration and other needs, a detention order is provided for the coming twelve months. Terms and conditions are set out in the accompanying disposition.
We thank Dr. Wood and the treatment team, along with counsel, for their able assistance. Again, as we said last year, we wish Mr. Wali the very best in his ongoing recovery.
DATED this 9^th^ day of April 2025, at the City of Toronto, in the Toronto Region.
Mr. P. Hageraats
Legal Member
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Office of the Registrar
Ontario Review Board