Re: Hejir Bahramiwand, 2025 CanLII 31471

Ontario Review Board

Re: Hejir Bahramiwand

ORB File No: 8135

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: Hejir Bahramiwand Counsel: Ms. M. Munsterman 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

1On August 31, 2022, the accused, Hejir Bahramiwand, was found not criminally responsible on account of mental disorder on charges of indecent act under the Criminal Code of Canada.

2Mr. Bahramiwand is currently subject to a Disposition of the Ontario Review Board dated March 15, 2024, which detains him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre, with privileges up to and including to live in the community of Ottawa, Ontario or Gatineau, Quebec, in accommodation approved by the person in charge.

3On February 24, 2025, the Ontario Review Board convened a hearing at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct Mr. Bahramiwand’s annual review pursuant to s. 672.81(1) of the Criminal Code. Mr. Bahramiwand attended and was represented by his counsel, Ms. Marni Munsterman. A hospital report dated February 16, 2025, was entered as Exhibit No. 1 and a Charge Sheet summarizing the details of an incident that occurred on April 3, 2024, was entered as Exhibit No. 2.

4The issues for this hearing are whether Mr. Bahramiwand continues to meet the threshold of significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.

5For the reasons set out below, the Board finds that Mr. Bahramiwand continues to pose a significant threat to the safety of the public and that the maintenance of the current detention order, on the same terms and conditions, remains the necessary and appropriate disposition at this time. On consent of all the parties the recommendation for the transfer of Mr. Bahramiwand’s matter to the Tribunal Administratif du Québec (TAQ) shall be removed from the disposition.

Index Offences

6The details of the index offences are extracted from last year’s Reasons for Disposition as follows:

A hospital report of February 16, 2024, was filed as Exhibit 1 to this hearing. It contains a description of the index offences occurring on nine dates between March 10, 2021, and August 15, 2021, when the accused exposed his genitals publicly and to a number of individual females. On some days he exposed himself at more than one location. One victim was a female that he had been dating between 2015 and 2016. Since that relationship ended, she had complained of harassment by Mr. Bahramiwand and a charge of criminal harassment was made by her to which the accused pleaded guilty on August 31st, 2022. Except for her, all of M. Bahramiwand’s victims were strangers to him.”

Background History

7The details of Mr. Bahramiwand’s personal, legal and psychiatric history are set out in the hospital report. Briefly summarized, Mr. Bahramiwand is now 31 years of age and was born in Turkey to a family of Kurdish background. He came to Canada as an infant with his family. He completed his high school education.

8After high school, he attended college for a welding program and although his family noticed his seemingly paranoid concerns about people watching him, he managed to obtain good grades.

9At the age of about 21, he began a romantic relationship with one of the victims of his index offence, which lasted for about one year.

10Mr. Bahramiwand began using cannabis at the age of 20. He claimed that he only used it once a month and was rarely using it at the time of his index offences. He also reported rarely drinking alcohol. Mr. Bahramiwand’s mother contradicts her son’s report about cannabis use, stating that he was smoking up to 20 to 30 joints of cannabis a day.

Criminal History

11According to CPIC, Mr. Bahramiwand has no criminal history predating the index offences.

Psychiatric History

12Mr. Bahramiwand’s family reported that they noted behavioural changes in him in 2019, when he was 25 years old. He would put his hoodie over his head, believing there was a camera in the television. He did not want curtains to be opened, and he thought neighbours were talking about him. Mr. Bahramiwand’s cannabis use started around the time that the substance became legal in Canada. His use increased from one to two cannabis cigarettes daily to about 20 to 30, “he started using it like candy”.

13Mr. Bahramiwand reported he was first admitted to hospital at age 26 or 27 and was diagnosed with Schizophrenia. He has had numerous admissions to hospital in both Ontario and Quebec between 2020 and the index offences, including a six-month admission to Pierre Janet Hospital in Gatineau. During that admission, from September 2021 to March 2022, a trial of Clozapine (antipsychotic medication) was attempted for a week, however, Mr. Bahramiwand was non-compliant with the required bloodwork.

14Mr. Bahramiwand’s current diagnoses are:

i. Treatment resistant schizophrenia, multiple episodes, in partial remission;

ii. Cannabis use disorder.

Evidence at the hearing

15The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. Amanjot Sandhu. This evidence is summarized below.

16Dr. Sandhu adopted the contents of the hospital report and confirmed that Mr. Bahramiwand was discharged to live with his family in Gatineau, Quebec on March 4, 2024, following a period where he had daily passes to his parents’ home from the hospital.

17This follows a lengthy hospital admission having lasted almost a year during which time Mr. Bahramiwand’s mental condition was stabilized, with the exception of some ongoing residual symptoms. He has maintained his stability in the community in the past year.

18Dr. Sandhu testified that Mr. Bahramiwand was charged and convicted of a breach of recognizance in relation to an incident having occurred in April 2024 shortly after his discharge from the hospital where he attempted to contact the victim for which he is prohibited from contacting both under his ORB disposition and the section 810 Peace Bond into which he entered. Mr. Bahramiwand pled guilty to this charge and received a suspended sentence with 12 months’ probation including a reporting condition and a condition that he obtain counselling. This information was provided during the course of the hearing by counsel for the Attorney General, Ms. Dufort. The probation order expires on August 27, 2025. Dr. Sandhu explained that he has not had contact with Mr. Bahramiwand’s probation officer but that he intends to do so, and that this person would be invited to participate in Mr. Bahramiwand’s next case conference.

19Mr. Bahramiwand has been involved with an ACT Team in Gatineau and was recently transferred to one in Aylmer, which is closer to where he resides. Dr. Sandhu has previously had contact with the ACT psychiatrist from the Gatineau team and stated that he would be initiating contact with the psychiatrist from the new ACT Team in Aylmer in the near future. Mr. Bahramiwand’s medications for his treatment resistant schizophrenia are prescribed to him by the ACT Team. He is currently taking Clozapine 650 mg and a long-acting injectable antipsychotic Abilify 400 mg every four weeks. Mr. Bahramiwand remains incapable of consenting to treatment and his substitute decision-maker is his mother.

20Since his discharge from the hospital, Mr. Bahramiwand has been attending programs at the Royal Ottawa Mental Health Centre, including the 10:00 O’clock Group every Monday and an outpatient Concurrent Disorders Group from which he recently graduated. He has also been working four days a week in the family pizza restaurant doing deliveries and other jobs within the business.

21Mr. Bahramiwand has a forensic case manager, Ms. Jaroudi, with whom he meets once every two weeks in the community, as well as meeting with his psychiatrist Dr. Sandhu once per month.

22Shortly after his discharge to the community, Mr. Bahramiwand disclosed to his case manager that he had used cannabis at which time an urgent meeting was set up between him and Dr. Sandhu. Dr. Sandhu confirmed that Mr. Bahramiwand tested positive for Cannabis on March 22, 2024, but that his subsequent UDTs have been negative for cannabis or any other illicit substances. According to Dr. Sandhu it is positive that Mr. Bahramiwand is forthcoming and open with the treatment team about his offending behaviours which include both the relapse into cannabis use which is contrary to the terms of his disposition and the charge that he faced for the breach of the peace bond.

23With respect to the criminal charge for the breach of the s. 810 Peace Bond, Mr. Bahramiwand explained that he had attempted to contact the victim for social reasons, in an effort to re-ignite contact but that he has made no further efforts to contact her.

24Mr. Bahramiwand has expressed a desire to seek employment as a welder for which he has had previous training. Dr. Sandhu is not opposed to this suggestion and would want to ensure that Mr. Bahramiwand is in contact with the vocational therapist in order to ensure that he is able to continue to prioritize his rehabilitation and that resuming this type of work would not have a negative impact on his mental stability. Dr. Sandhu also indicated that he wants to ensure that there are no gaps in Mr. Bahramiwand’s care as a result of him prioritizing employment over his other mental health needs. Currently, Mr. Bahramiwand enjoys good flexibility with his work in the family pizza business and is able to accommodate his appointments.

25In response to questions posed to him by counsel for Mr. Bahramiwand Ms. Munsterman, Dr. Sandhu responded as follows:

(a) With respect to the interprovincial transfer to the TAQ, Dr. Sandhu is of the view that this recommendation should be removed from Mr. Bahramiwand’s disposition as there has been no movement at that level since the recommendation was first made. In any event, Mr. Bahramiwand has continued to forge therapeutic alliances with the treatment team of the Forensic Program of the ROMHC and there have been no impediments to him obtaining his treatment in Ottawa due to the fact that he resides in Aylmer, Quebec. Mr. Bahramiwand also benefits from having the support of the ACT Team in Quebec. Dr. Sandhu believes that there is no benefit to continuing to pursue the transfer at this time.

(b) Dr. Sandhu confirmed that he expects to continue to have open lines of communication with the Quebec ACT Team and that there is no reason to believe that they will not liaise as necessary to ensure that Mr. Bahramiwand’s mental health needs are being addressed.

(c) Dr. Sandhu was asked what would be needed for him to recommend a conditional discharge to which he responded that he would like to see Mr. Bahramiwand continue to engage in pro-social goals, that there be no concerning behaviours such as substance use or breaching non-contact provisions, and that Mr. Bahramiwand continue to transition to living in the community with less structure and oversight from the treatment team.

(d) Dr. Sandhu acknowledged that it is a protective factor for Mr. Bahramiwand that he has been open and forthcoming with the treatment team and that he maintains a good therapeutic relationship with his case manager and the other members of the treatment team.

(e) Dr. Sandhu confirmed that Mr. Bahramiwand is no longer on social assistance and that as a result, he now pays out-of-pocket for his Clozapine. Mr. Bahramiwand’s Abilify however continues to be covered under a drug program which is available to him even though he is living in Quebec.

(f) With respect to insight, Mr. Bahramiwand is open about discussing his residual symptoms and though they are not distressing to him at this time he seems to understand that the treatment team wants to know about them. Dr. Sandhu believes that he has limited insight into knowing what is real or not. The goal is to eliminate these symptoms; however, they do not appear to be impairing Mr. Bahramiwand’s ability to function. Dr. Sandhu confirmed that there are currently no intentions to make changes to Mr. Bahramiwand’s medications and that he is not complaining of any side-effects.

(g) Finally, Dr. Sandhu confirmed that Mr. Bahramiwand enjoys good family support though the family had been dealing with the fact that his mother has had health issues of late.

26In response to questions posed to him by members of the panel, though Dr. Sandhu does not believe that Mr. Bahramiwand’s insight is static, he does acknowledge that from a psychosocial perspective, Mr. Bahramiwand has reached somewhat of a plateau. Dr. Sandhu hopes that his continued experiences and prosocial activities will assist him in continuing to progress.

27Dr. Sandhu also acknowledged that CBT for Psychosis could be beneficial for Mr. Bahramiwand and that it could be available either in the hospital or in the community. This would be especially important for Mr. Bahramiwand given the continuation of his residual symptoms.

28With respect to the need for an ongoing detention order, Dr. Sandhu acknowledged that there are no concerns regarding Mr. Bahramiwand’s current accommodation, but that the hospital considers that the Form 49 continues to be required as a result of the continuation of offending behaviour over the course of the past year, including substance use and new criminal charges.

29No further evidence was presented.

Submissions of the Parties

30The Board was presented with a joint submission of all parties that Mr. Bahramiwand continues to meet the threshold of significant threat to the safety of the public and that the maintenance of the detention order, on the same terms and conditions, is the necessary and appropriate in all the circumstances. The parties also jointly submitted that the recommendation for the transfer to the TAQ should be removed from Mr. Bahramiwand’s disposition.

Analysis and Conclusion

31Having considered all of the evidence presented at the hearing, and the joint submission of the parties, the Board finds that Mr. Bahramiwand continues to meet the threshold of significant threat to the safety of the public as set out 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.

32Mr. Bahramiwand continues to experience some residual symptoms of schizophrenia, despite being treated with Clozapine and a long-acting injectable antipsychotic. He was discharged almost one year ago, following a long admission to hospital.

33Mr. Bahramiwand is working well with the Forensic Program treatment team and with his ACT team in Quebec, where he resides. He has maintained his stability despite ongoing residual symptoms, and is involved in pro-social pursuits, such as working for the family pizza business. He is open with his treatment team, and was forthcoming about a relapse of cannabis use and a recent criminal charge arising from a breach of the conditions of his Peace Bond.

34The plan of care for the upcoming year would include Mr. Bahramiwand continuing to develop the therapeutic relationships with his current treatment teams, while continuing to reside with family and potentially seeking employment outside of the family business. Engaging in CBT for psychosis would be helpful given the ongoing symptoms.

35Having considered the four factors set out in s. 672.54 of the Criminal Code, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs, the Board finds that the current detention order, on the same terms and conditions, remains the necessary and appropriate, least onerous, and least restrictive Disposition in all of the circumstances.

36The Panel also agrees that the recommendation for a transfer to the Province of Quebec should be removed from the Disposition, as there would be no benefit to Mr. Bahramiwand to disrupt the current plan of care with the ROMHC as the forensic consultant, which liaises regularly with the community treatment team in Quebec. In addition, as Mr. Bahramiwand remains under a detention order, the hospital can exercise the Form 49 in the province of Quebec, if ever it needed to.