Ontario Review Board
Re: Richard Tagamile
ORB File No: 8659-8671-8682
Hearing held on: Monday, February 24, 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: Richard Tagamile Counsel: Ms. M. Lord
Person in charge of the hospital: Representative Dr. J. Hwang
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 10, 2025)
Introduction
- The accused, Richard Tagamile, was found not criminally responsible on account of mental disorder on Criminal Code charges on three separate dates set out as follows:
(a) NCR Finding – November 6, 2025 – File Number: 8659 – assault with a weapon (x2), possession of a weapon, mischief (x2), cause disturbance (x2) and breach of court order;
(b) NCR Finding – November 25, 2024 – File No. 8671: Theft, assault, cause disturbance (x2) and escape custody;
(c) NCR Finding – December 6, 2024 – File No. 8682: Assault (x5), sexual assault and mischief.
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 24, 2025, the Ontario Review Board convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct an initial hearing for Mr. Tagamile pursuant to s. 672.47(1) of the Criminal Code. Mr. Tagamile attended his hearing and was represented by his counsel, Ms. Melanie Lord. Also in attendance was Mr. Tagamile’s father.
At the outset of the hearing the following documents were entered as Exhibits:
Warrant of Committal(x3) – 06-NOV-2024, 25-NOV-2024 and 06-DEC-2024
Criminal Record
Charge sheet(x6)
Transcripts(x2) – 06-NOV-2024 & 06-DEC-2024
Endorsed Information(x3)
NCR Report dated November 4th, 2024
Hospital Report dated January 24th, 2025
The issues for this hearing are whether Mr. Tagamile represents a significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.
For the reasons set out below, the Board finds that Mr. Tagamile represents a significant threat to the safety of the public and that a detention order with community living in approved accommodation is the necessary and appropriate disposition in all of the circumstances.
Index Offences
- The circumstances of the index offences have been extracted from the hospital report and are summarized as follows:
“August 25, 2024 – File No. 8671
Theft not exceeding $5000/shoplifting (one count) Assault (one count) Mischief – property not set value (one count)
On Friday, August 23, 2024, at approximately 5:00 p.m., Mr. Tagamile entered the Walmart and was apprehended for stealing over $900 worth of items. He was verbally trespassed.
On Sunday, August 25, 2024, at approximately 9:30 a.m., Mr. Tagamile entered the same
Walmart and when the employees approached him, he swung a lamp at one of them and hit the other with a bag of beads. He was removed from the property and verbally trespassed by Ottawa Police.
At approximately 11:37 a.m., Mr. Tagamile re-entered the Walmart and placed clothing in his bag. He began to scream at customers. When Fraser Ryan, an assistant manager, approached him, he immediately started to leave the store, stopping to kick the exit doors, breaking them off the hinges and causing damage. Mr. Tagamile passed all points of sale without attempting to pay for the items in his backpack. He continued to scream and cause a disturbance in the parking lot. While Ryan was standing by the doors speaking on the phone with his manager, Mr. Tagamile approached him and screamed at him to get off his phone. He then struck Ryan across the left side of his face and walked away.
The police in the parking lot arrested Mr. Tagamile. All stolen items were recovered with a total cost of $156. Mr. Tagamile was issued his rights to counsel and was transported to cells to be held for show cause.
August 28, 2024 – File No. 8671
Cause a disturbance by fighting/shouting/swearing (one count)
On August 28, 2024, Mr. Tagamile attended the Rideau Centre shopping mall. While inside the mall, he was observed in the food court swearing and shouting while there were other mall patrons close by. Members of the security team who asked him to stop yelling and leave the mall approached him. Mr. Tagamile took a fighting stance and took off his shirt. As he did not leave, the Ottawa Police attended the food court and placed him under arrest for causing disturbance by swearing and shouting. It was apparent that his behavior was disturbing the patrons of the mall and being left alone would only further exasperate the situation. On August 28, 2024, Mr. Tagamile attended the Rideau Centre shopping mall.
While inside the mall, he was observed in the food court swearing and shouting while there were other mall patrons close by. Members of the security team who asked him to stop yelling and leave the mall approached him. Mr. Tagamile took a fighting stance and took off his shirt. As he did not leave, the Ottawa Police attended the food court and placed him
under arrest for causing disturbance by swearing and shouting. It was apparent that his behavior was disturbing the patrons of the mall and being left alone would only further exasperate the situation.
August 30, 2024 – File No. 8671
Cause a disturbance by fighting/shouting/swearing (one count) Escape lawful custody of a peace officer (one count) Assault (five counts) Sexual assault (one count) Mischief/damage property not exceeding $5000 (two counts) Cause a disturbance by fighting/shouting/swearing (one count)
August 30, 2024 – File No. 8682
Obstruct/resist a public/peace officer (one count)
On August 30, 2024, Mr. Tagamile was in the Carleton University Residence Quad at approximately 9:39 a.m. It was a busy day in the area, as students were moving into their
campus residence buildings. There were many new students, parents, and staff members in the Residence Quad.
Carleton University Special Constables received a report of an odd interaction between Mr. Tagamile and residence staff. Mr. Tagamile reported that he was drunk and high, that nobody could stop him from smoking cannabis on campus, and that he was there to steal things.
At approximately 9:49 a.m., Special Constables attended to speak with Mr. Tagamile. He appeared impaired by substances and was argumentative with the officers. Although Special Constables attempted to de-escalate the situation, Mr. Tagamile shouted and swore. The officers noted that he was disturbing the peace of the area, as people kept looking towards him and appeared concerned. He threw a backpack to the ground and continued to scream and swear. Special Constable Staff Sergeant Messier told him that he was under arrest for causing a disturbance. Mr. Tagamile then ran away from Special Constables. He led Special Constables on a pursuit around campus, running into traffic at times. At one point, he entered a fenced construction area and threw rocks either at Special Constables or construction workers. The rocks did not make contact with anyone. Special Constables discontinued pursuing as Mr. Tagamile ran towards Carleton University's busy Bronson Avenue entrance.
That evening, at approximately 8:34 p.m., Mr. Tagamile attended the Carleton University
campus. Students were moving into their Residence buildings, and there was a significant number of people in the area, including students, parents, and staff. Mr. Tagamile ran through the lobby area around the main Residence reception desk before kicking a glass window and breaking it. This resulted in Mr. Tagamile bleeding from his foot and leg. He then ran outside to the Residence Quad. There, he smacked a box out of someone's arms. When a staff member, Anirudh Mitesh Lagar, went to call for help, Mr. Tagamile began shouting at him. He then touched his bloody hand to his bleeding leg to get more blood on his hand and smeared blood on the side of Anirudh's face.
Mr. Tagamile then ran towards a crowd of students, screaming and shouting at many of them. He pushed his way through the crowd multiple times. While doing so, he grabbed a number of students, getting blood on them. He approached Emmanuel Aguku while screaming. Mr. Tagamile got on his knee, touched his bloody leg, and then grabbed Emmanuel's shoulder, leaving a bloodstain on his shirt after pushing Emmanuel. He pushed by Mia Donoso and Mia felt Mr. Tagamile's hand grab her buttock. Mia later found that there was blood on her pants over the area. Mr. Tagamile ran towards Guntaas Benipal screaming something. He grabbed her right shoulder, bunching her shirt and attempting to drag her away. In doing so, he smeared blood all over her back and shoulder. Mr. Tagamile grabbed Chloe Bednar's sweater, yelling that he was covered in blood. He then ran through the crowd but returned. As Chloe tried to run away, he grabbed the back of her sweater again.
Approximately an hour later at 9:30 p.m., Mr. Tagamile entered the Athletics Building across campus. He ran through the main lobby area, grabbing a computer monitor on the reception desk and smashing the computer against the ground, breaking it into pieces. Later in the evening, Mr. Tagamile was located in the ByWard Market area. When the police officer told him to stop and that he was under arrest for assault, Mr. Tagamile fled
on foot. He led police on a brief foot pursuit before being arrested. He was subsequently held for show cause after attending the hospital for his leg injuries.
September 09, 2024 – File No. 8659
Assault with weapon or imitation weapon (two counts) Possess weapon, etc./dangerous to public peace (one count) Mischief – property no set value (two counts) Cause a disturbance by fighting/shouting/swearing (one count) Fail to comply with release order/not FTA court (one count)
On September 04, 2024, in the City of Ottawa, Mr. Tagamile entered into a Release Order with the Honourable Justice J. Macfarlane of the Ontario Court of Justice, with several imposed conditions, one being; "Do not possess any weapon(s) as defined by the Criminal Code (for example, but not restricted to, a pellet gun, firearm, imitation firearm, cross-bow, prohibited or restricted weapon or device, ammunition or explosive substance or anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person, or any imitation of above."
On September 09, 2024, Mr. Tagamile entered the Dollarama store located inside the Saint Laurent Mall located at 1200 Saint Laurent Boulevard. He was known by Loss Prevention Officers for past thefts and was being followed by a Loss Prevention Officer through the store. Mr. Tagamile became agitated and yelled at the Loss Prevention Officer, stating that he was not comfortable being followed "as a black man.” When the Loss Prevention Officer, who is also black, stated that he was a security guard, Mr. Tagamile started yelling and became verbally aggressive towards the Loss Prevention Officer.
In the ensuing argument, Mr. Tagamile opened a plastic bottle of Orange Crush pop and poured it out onto the floor. He then proceeded to the front of the store and threw the open bottle of pop towards a store employee. The Loss Prevention Officer and store employee prevented Mr. Tagamile from leaving the store. He continued to shout and cause a disturbance in the store, grabbed a glass mason jar, and smashed the jar on the floor. He then picked up a piece of broken glass from the jar and threatened the Loss Prevention Officer by swinging it at him while yelling that he wanted to leave the store. Mr. Tagamile was arrested by mall security.
In the course of the arrest, Mr. Tagamile pulled a rack of bags off the wall, damaging the rack. As a result, the Ottawa Police Service attended the mall and continued the arrest. He was read his Right to Counsel, Primary, and Secondary Cautions, and 524 Warning to which the accused refused to answer. He was transported to the Ottawa Police detention unit where he refused to speak with a lawyer.”
Background History
Mr. Tagamile’s personal, legal and psychiatric information is set out in detail in the hospital report dated January 24, 2025. Briefly summarized, Mr. Tagamile is presently 27 years of age and was born in Ndolomo, Congo. He initially lived in Ndolomo with his mother and his father. When he was about four years old his younger brother died after which his parents separated, and he went to live with his paternal grandmother in a war-stricken environment where there was an armed conflict, and he would hear gunshots. He added that he did not see his father for four years during that time.
At eight years of age, Mr. Tagamile and his father reconnected, and they moved to Uganda due to the ongoing armed conflict in Congo. They lived in Uganda in a refugee camp, where life was hard and his father was strict with him. During that time his father began a romantic relationship with Josephine, his step-mother. Josephine has two children from a previous relationship: his younger step-sister currently 17 years old and his younger step-brother currently 15 years old. When Mr. Tagamile was twelve years old, they all moved to Kampala, Uganda and lived in a poor neighbourhood that was prone to flooding and was not great.
In 2019, his father, his step-mother, Josephine and his step-siblings arrived in Ottawa as refugees through international support from the United Nations, and they all lived together in an apartment building near Walkley Road.
Mr. Tagamile stated his father is 46 years old. He denied he had any physical or mental health issues. He suspects currently that his father is not living with Josephine but he did not have specific details on that. He said his father has worked as a tailor, as a photographer, as a cleaner and planting trees but he has not worked much since coming to Canada.
Legal History
- Mr. Tagamile has no prior criminal record.
Psychiatric History
The details of Mr. Tagamile’s psychiatrist history are set out in great detail in the hospital. Briefly, in 2024, Mr. Tagamile had several admissions to hospitals in Ottawa, Toronto, and Quebec. Mr. Tagamile was reportedly consuming cannabis during this period, which contributed to symptoms of psychosis.
In the period of June to July 2024, Mr. Tagamile reported that he was tree-planting in Quebec with his father, which was a typical summer job for him. Mr. Tagamile experienced psychotic decompensation and was transported to a hospital in Quebec City. After this hospitalization, he took a sick leave from his job. Mr. Tagamile subsequently returned to Ottawa, but then promptly left to visit his friend in Scarborough. He frequently traveled from Ottawa to Toronto to visit his friend between July and August 2024. While on one of these trips, he was admitted to hospital while experiencing psychotic symptoms to St. Joseph's Health Care Centre.
Following the index offences, Mr. Tagamile was admitted to Montfort Hospital from the Ottawa Carleton Detention Centre (“OCDC”). He remained at the Montfort between September 15 and October 1, 2024, after which he was discharged and transferred back to the OCDC. His discharge diagnosis was bipolar 1 disorder, manic episode with psychotic features, in partial remission and cannabis use disorder.
Mr. Tagamile’s current diagnoses:
Bipolar disorder type I, most recent episode mania, with mood-incongruent psychotic features, in full remission
Cannabis use disorder, mild severity, in a controlled environment
Evidence at the Hearing
The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. J. Hwang. This evidence is summarized below.
Dr. Hwang adopted the contents of the hospital report and provided an important update to that report by confirming that Mr. Tagamile was admitted to the Forensic Assessment Unit (FAU) of the hospital on January 30, 2025.
Over the last two months Mr. Tagamile’s mental condition has stabilized and he no longer exhibits signs of disorganization. He has been compliant with medication. Due to significant weight gain, olanzapine was gradually tapered and discontinued by the end of September of 2024 with no impact on his mood.
Mr. Tagamile has been experiencing some cognitive slowing and the treatment team has discussed the possibility of switching the long-acting injectable antipsychotic from Invega to Abilify in order to address those side effects.
Since being in hospital Mr. Tagamile has been visited by his father and stepmother, who have been invited to attend his next case meeting where there will commence to be discussions around discharge planning. Dr. Hwang explained that Mr. Tagamile’s father and stepmother have recently separated but that his stepmother is open to the possibility of Mr. Tagamile being discharged to live with her, though she has some reservations as a result of the impact that he had on the household when he was very unwell. Mr. Tagamile has expressed a wish to either return to live with his roommates or his stepmother. He has also expressed a desire to return to a tree-planting job that he had with his father last summer in the Dolbeau-Mistassini region of Quebec. This job had permitted Mr. Tagamile to earn enough money to pay his university tuition.
Dr. Hwang expects there to be an occupational therapy assessment completed in the coming months to assist in determining Mr. Tagamile’s plans in the longer term with respect to education and/or employment. Mr. Tagamile has indicated that he would like to return to university but is considering a change in programs from computer studies to something else.
It is still very early in Mr. Tagamile’s diagnosis of bipolar disorder such that he needs to engage in psycho-educational programming and education. Dr. Hwang has started discussing with Mr. Tagamile how to prevent future mood episode and psychosis, including the importance of complying with treatment. According to Dr. Hwang, Mr. Tagamile demonstrates some understanding of his illness including common symptoms such as changes in mood, energy, and sleep, and rapid thought. She believes that his understanding is currently at a superficial level and that he does not fully appreciate the importance of taking medication in the long term to prevent further episodes and thereby reducing the risk of violence. He still questions whether he can stop taking medication at some point.
Dr. Hwang is recommending the inclusion of a condition in Mr. Tagamile’s disposition that would permit him to go tree-planting in the summer of 2025, as long as it is indicated. Mr. Tagamile will have to maintain his stability and the hospital will have to approve an itinerary that includes being accompanied throughout by his father. Mr. Tagamile’s father has indicated that he will bring his son to the Royal Ottawa Hospital on a monthly basis to receive his injection during the period of time that he is tree-planting in northern Quebec and that he will ensure that his son is under his direct supervision at all times.
In response to questions posed to her by counsel for the Attorney-General, Ms. Dufort, Dr. Hwang responded as follows:
(a) Dr. Hwang agreed that it would be reasonable to include a weapons prohibition in the disposition given the index offences, though there should be a proviso that allows Mr. Tagamile to possess tools needed at his place of employment for employment purposes.
(b) Dr. Hwang does not believe that a no-contact provision with the victims of the index offences is needed as Mr. Tagamile did not know any of these individuals. She does not disagree with a prohibition that he not attend the Walmart and the Dollarama where he specifically targeted security guards because of his delusions, but believes that he should be able to attend the Carleton University Campus and the Rideau Centre Shopping Centre as it could otherwise negatively impact his rehabilitation.
(c) While up in Northern Quebec the treatment team would ensure that Mr. Tagamile reports not less than once every two weeks by video conference in addition to the monthly attendance at the hospital to receive his injection.
(d) With respect to discharge planning, if living with the stepmother is not possible, the treatment team will have to look at other options.
(e) Dr. Hwang believes that the minimum reporting provision should be not less than once every two weeks. It is expected that Mr. Tagamile will attend the hospital for programming once he is discharged and that programming will include addictions counselling, psychoeducational groups, and emotional regulation groups. Dr. Hwang confirmed that Mr. Tagamile has already attended several groups from the FAU.
- In response to questions posed to her by counsel for Mr. Tagamile, Ms. Lord, Dr. Hwang responded as follows:
(a) Dr. Hwang confirmed that the mention of a sexual assault charge on page one of the hospital report should be removed as this charge was reduced to a simple assault.
(b) With respect to Mr. Tagamile’s educational plans and his ability to attend at Carleton University, Dr. Hwang acknowledged that she is not aware of whether or not Mr. Tagamile has been trespassed or banned from Carleton University. She also does not know whether any of his classrooms could potentially be in the residence building where some of the index offences occurred.
(c) Dr. Hwang acknowledged that, prior to the index offences, Mr. Tagamile was living independently in the Byward Market with a roommate near where his stepmother lives, but that he was supposed to live on the Carleton University Campus for the school year.
- Further to the questions posed to her by members of the panel, Dr. Hwang responded as follows:
(a) The process to change Mr. Tagamile’s injectable anti-psychotic medication is likely to be started next week, following the meeting with the family. Mr. Tagamile is capable of consenting to treatment, but the treatment team wants to include the parents in this discussion. The plan would be to start with an injection of Abilify and to have him continue to take the Invega orally and gradually taper it to ensure that the medication change does not create any mania. Dr. Hwang believes that it would take approximately two to three months to assess the efficacy of the Abilify. According to Dr. Hwang, research has shown that Abilify treats manic episodes better than other medications.
(b) With respect to the delusions that Mr. Tagamile was having in relation to security guards at multiple stores, Dr. Hwang confirms that those delusions are no longer present but that it would be appropriate that Mr. Tagamile not attend those locations at this time.
(c) Dr. Hwang acknowledged that Mr. Tagamile had an admission to hospital in Quebec while he was tree planting with his father and that it was his father who brought him to the hospital. She does not have a copy of the report from that admission.
(d) Dr. Hwang acknowledged that the reports from subsequent hospital admissions in Toronto and Hamilton reference the fact that Mr. Tagamile may have experienced a drug-induced psychosis, however this was likely ruled out given the fact that once he was hospitalized at the Montfort Hospital in Ottawa, Mr. Tagamile’s symptoms actually got worse.
(e) Dr. Hwang is content with the diagnosis of bipolar disorder type 1, manic episode.
(f) With respect to the plan to travel to Northern Quebec for tree planting, Dr. Hwang is not aware of the details of accommodation available though she understood from Mr. Tagamile’s father that they would typically share a room. Dr. Hwang is not aware that Mr. Tagamile had been using cannabis while working or that access to drugs is a major concern in that work environment.
(g) Dr. Hwang confirmed her diagnosis of Cannabis Use Disorder, mild severity and acknowledged that there could be a higher risk in an uncontrolled environment.
(h) Finally, with respect to insight, Dr. Hwang believes that psychoeducational programming would be of assistance to Mr. Tagamile in order to further develop his insight into the need for long term treatment. She does believe that he has insight into the need to abstain from substances as these may impact his mental health.
In response to a question arising from Ms. Dufort, Dr. Hwang confirmed that Mr. Tagamile will be subject to urine drug testing which will likely be requested when he comes for his injection, while he is tree planting. Given that cannabis remains in the system for at least 30 days, this should enable the hospital to know if he is consuming, despite the non-randomness of the testing while he is tree planting in Quebec.
The hospital’s risk assessment is set out at pages 39 and 40 of the hospital report and is summarized as follows:
“In assessing Mr. Tagamile’s risk of future violence, I used the HCR-20, version 3, a structured clinical judgment instrument. I am of the opinion that Mr. Tagamile presents as a moderate risk of future violence, namely any aggressive behaviours that he has exhibited in the past, specifically assault.
Mr. Tagamile’s historical (static) risk factors for violence are as follows:
H1: History of problems with violence – index offences that include five counts of assault, two counts of assault with a weapon or imitation weapon and one count of sexual assault.
H2: History of problems with other antisocial behaviours – index offences that include three counts of mischief, one count of causing a disturbance, and one count of failure to comply with release order
H5: History of problems with substance use – history of cannabis use that increased in summer of 2024
H6: History of problems with a major mental disorder – recent diagnosis of bipolar I disorder with psychotic features
H8: History of problems with traumatic experiences – he was exposed to war-related traumas in childhood; however, he reports that these experiences have not affected his daily function.
H10: History of problems with treatment and supervision response – he did not continue taking medications on discharge from hospitals in summer of 2024
Mr. Tagamile has the following clinical (current or recent) risk factors
C1: Recent problems with insight – Mr. Tagamile has some insight into his diagnosis of bipolar I disorder but his insight into the need for ongoing treatment to prevent future episodes is superficial
C3: Recent problems with symptoms of major mental disorder – Mr. Tagamile developed symptoms of bipolar I disorder with psychotic features in July 2024, which led to three acute hospitalizations. He has been free of symptoms of mania and psychosis only since November 2024.
Mr. Tagamile has the following risk management (future) factors:
R2: Future problems with living situation – it is unclear where he would be able to live upon release from the detention centre.
Future problems with personal support – he reported increased contact with peers that used a lot of cannabis and distracted him from school in early 2024. It is unknown whether he would distance himself from these peers once he is released from the detention centre.
R5: Future problems with stress or coping – Mr. Tagamile does not know how he copes with stress.
When looking at positive features, Mr. Tagamile has been taking his medications as prescribed at OCDC and there has been significant improvement in his manic and psychotic symptoms. He is an intelligent individual with motivation to continue pursuing his post-secondary education and work. He has support from his father, who has been visiting him weekly.
Based on this assessment, the most likely scenario involving risk of violence would be Mr. Tagamile going off his medications or using substances like cannabis, or alcohol, resulting in a resurgence of manic and psychotic symptoms. This would include thought and behaviour disorganization where he would target individuals that are in close proximity to him.”
- No other evidence was presented.
Submissions of the Parties
The Board was presented with a joint submission of all parties that Mr. Tagamile meets the threshold for significant threat to the safety of the public and that a detention order is the necessary and appropriate disposition.
Counsel for the Attorney General, Ms. Dufort, submitted that there should be non-attendance to both the stores where some of the index offences occurred as well as the Teraga Commons Residence at Carleton University, with an exception that Mr. Tagamile be allowed to attend there for scheduled classes, should any be in that building. Ms. Dufort also indicated having concerns with the plan for Mr. Tagamile to work up in the province of Quebec over the summer given that it is so soon after his admission. A condition that this will only happen if Mr. Tagamile is stable and supervised by his father, with an approved itinerary, will help mitigate those concerns.
Counsel for Mr. Tagamile, Ms. Lord, queried whether a prohibition on attending Carleton University is necessary and whether it is appropriate for Mr. Tagamile to be restricted in that regard given that he does not know the victims and the victims may no longer be students at the university, in addition to the fact that it is not known whether or not Mr. Tagamile will be attending Carleton University at all.
Analysis and Conclusion
Having considered all of the evidence tendered at the hearing, and the joint submissions of the parties, the Board finds that Mr. Tagamile poses a 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.
Mr. Tagamile is diagnosed with a major mental illness, bipolar 1 disorder, following a first episode of psychosis resulting in extremely erratic and disorganized behaviour over a short period of time during which he assaulted a number of strangers, some of whom had been incorporated into his delusional thought system.
Mr. Tagamile was admitted to the Forensic Assessment Unit of the hospital less than one month ago, though he has been receiving treatment for several months, having been admitted to the Montfort Hospital from the detention centre in order to be stabilized and treated.
It is positive that Mr. Tagamile is cooperating well with the process and the treatment team, but his insight needs to be further developed, particularly as it relates to the need for him to take treatment in the long term.
Cannabis use was a contributing factor to his psychotic decompensation. Though it may not be an active risk factor, as there is no evidence that Mr. Tagamile was using drugs while he was incarcerated or since being in hospital, he will attend Concurrent Disorders programming to ensure that his willingness to abstain is robust.
The Panel believes that the proposed travel passes, to allow him to travel to Northern Quebec for tree planting, accompanied by his father, are appropriate to include in the disposition. This will only happen if Mr. Tagamile maintains stability. We agree that it is good for rehabilitative purposes that he be allowed to do this and earn money to pay for schooling. The hospital will need to ensure that reporting is adequate during that period and that Mr. Tagamile continue to be compliant with treatment.
As to the non-attendance at certain locations where the index offences took place, the Panel does not agree that there should be any prohibition on attending Carleton University. Firstly, it is a very public place and an important hub of public transportation. Provided that Mr. Tagamile has not been trespassed from there, it would be important for him to be able to access it, should he pursue his education there. To prohibit him from attending there would be punitive. With respect to the offences that occurred at Walmart and Dollarama, the Board finds it necessary and appropriate that Mr. Tagamile be prohibited from attending those specific locations, given his repeated attendances and interactions with employees and security guards that were working there at the time of the offences.
Having 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 a detention order, with conditions including to live in the community in approved accommodation is the necessary and appropriate, and the least onerous and least restrictive disposition in the circumstances.
The specific terms and conditions to be included in the detention order shall be as follows:
To be detained at the Secure Forensic Unit of the ROMHC;
Privileges up to and including to enter the community of Ottawa indirectly supervised;
Travel passes for up to 3 months, to be able to work in northern Quebec, accompanied by his father, upon first obtaining the approval of his itinerary by the person in charge of the hospital, or the designate;
To live in the community in accommodation approved by the person in charge;
Abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicants;
Submit samples of urine or breath for the purpose of analyzing whether he has consumed substances;
Refrain from having in his possession any firearm, ammunition, or other offensive weapons, or being in the company of any person possessing a firearm other than a peace officer;
When living in the community, report to the person in charge not less than once every two weeks; and
Not to attend at the Walmart store located at 450 Terminal Avenue, Ottawa or at the Dollarama at the St. Laurent Shopping Center, in Ottawa.
DATED this 10th day of April, 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Labrosse
Alternate Chairperson
Office of the Registrar Ontario Review Board