Ontario Review Board
Re: Fahd Husain Khan
ORB File No. 8505
Hearing Date: March 25, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) of the Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. M. Segal
Members: Dr. B. Sheppard Dr. G. Stones Mr. A. Mete Mr. K. McKenna
Parties Appearing:
Accused: Fahd Husain Khan Counsel Mr. P. Boushy
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Mr. I. Shaikh
REASONS FOR DISPOSITION
(Dated April 17, 2025)
Introduction
Mr. Khan was found not criminally responsible (NCR) on February 28, 2024, for the criminal code offences of break and enter commit attempt murder, and kidnapping.
He is currently subject to a detention order under a Disposition dated April 5, 2024, with privileges that extend to hospital and grounds accompanied by staff or person approved by the person in charge, and hospital within the secure perimeter indirectly supervised.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 25, 2025, at St. Joseph’s Healthcare, Hamilton, West 5th Campus (St. Joseph’s) to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada.
At the commencement of the hearing the Hospital submitted that Mr. Khan represented a significant threat to the safety of the public, and that a continuation of the current detention order was appropriate. The Hospital was recommending that 4 additional privileges be added to the Disposition: hospital and grounds indirectly supervised, enter the community of Southern Ontario escorted by staff, enter the community of Southern Ontario accompanied by staff or person approved, enter the community of Southern Ontario indirectly supervised.
Counsel for both the Attorney-General and for Mr. Khan supported the recommendations from the Hospital.
After considering the evidence, the panel concluded that Mr. Khan is a significant threat to the safety of the public, and that a continuation of the detention order with the suggested additional privileges is necessary and appropriate.
Index Offence
- The following is a synopsis of the facts pertaining to the index offence.
On August 20, 2022 at approximately 0922hrs, Halton Regional Police Service received a 9-1-1 call for assistance after a personal support worker was stabbed at Millhouse Group Home located at 14022 Third Line in the Town of Acton.
The accused was identified as Fahd KHAN who is the biological brother of a female resident of the group home, Reja KHAN. The accused has no current charges before the court and no past convictions for any criminal offences. The accused has not been allowed to attend the group home since Reja KHAN began living there due to the concern and fear the staff had for their own safety and the safety of Reja KHAN.
Following the death of their parents in the year 2020, Reja KHAN, who suffers from Schizophrenia and is on the Autism Spectrum, was placed under the legal guardianship of her aunt who is the sole decision maker on Reja’s behalf to ensure that she receives the necessary care and treatment for her mental health. Prior to Reja’s father’s death he arranged a sizeable trust fund for his daughter to ensure she continued to receive care because she had been deemed not capable for care for herself by her psychiatrist.
Count 1: Adult Break & Enter (Commit) s. 348(1)(b) CC
On August 20th, 2022, the accused, Fahd KHAN, attended Millhouse Group Home located at 14022 Third Line in the Town of Acton (Region of Halton) where his biological sister, Reja KHAN, has been living since 2020. The accused arrived to the residence in his blue 2006 Honda CRV (suv) bearing Quebec licence plate #X06YLP. The residence is equipped with cctv surveillance cameras which captured footage of the accused as he walked up the driveway carrying a green reusable shopping bag and approached the door to the home where the on-duty personal support worker, Eniko LASZLO, encountered him. LASZLO could be heard telling the accused to leave the residence as he wasn’t permitted on the property at which time he lunged into the home crossing the threshold of the doorway and did commit therein the indictable offence of Attempt Murder contrary to section 239(1)(b) of the Criminal Code. (Note: This should state, did commit therein the indictable offence of Break & Enter (Commit) contrary to section 348(1)(b) of the Criminal Code)
Count 2: Adult Attempt to Commit Murder s. 239(1)(b) CC
On August 20th, 2022, the accused, Fahd Husain KHAN, attended Millhouse Group Home located at 14022 Third Line in the Town of Acton (Region of Halton) where his biological sister Reja KHAN, has been living since 2020. The accused arrived to the residence in his blue 2006 Honda CRV (suv) bearing Quebec licence plate #X06YLP. The residence is equipped with cctv surveillance cameras which captured footage of the accused as he walked up the driveway carrying a green shopping bag and approached the door to the home where the on-duty personal support worker, Eniko LASZLO, encountered him. The accused forced entry into the residence and did attempt to murder LASZLO by stabbing her multiple times using a kitchen knife he brought with him in the green bag. Surveillance cameras inside the residence captured footage of the attack as LASZLO ran from the accused who continued to chase her throughout the home while swinging the knife causing multiple deep lacerations to her head and body which required immediate emergency medical treatment, contrary to section 239(1)(b) of the Criminal Code
Count 3: Adult Kidnapping s. 279(1)(b)
- The victim, Reja KHAN, has been living at Millhouse Group Home since 2020. The victim suffers from Schizophrenia and is on the Autism Spectrum which prevents her from living independently. Following the death of her parents, her aunt was designated as her guardian and the sole decision maker for her care with the assistance of a large trust fund which was established by her father prior to his death. Since the fall of 2020 the accused, Fahd KHAN, has been attempting to remove the victim from Millhouse Group Home without authorization to do so and has made statements to police that it is his Muslim religious duty to care for his sister and that he has run out of money.
On August 20, 2022, the accused, Fahd KHAN, attended Millhouse Group Home located at 14022 Third Line in the Town of Acton (Region of Halton) where he forced entry into the residence and committed Attempted Murder upon the social worker on-duty by stabbing/slicing her multiple times with a knife causing the social worker to leave the home to call for help. Surveillance cameras inside the residence then captured footage of the accused as he kidnapped his sister, Reja KHAN, pulling on her arm leading her out of the house to his vehicle where he did cause her to be confined in the vehicle against her will and removed from the home, contrary to section 279(1)(b) of the Criminal Code.
A short time after the incident, the accused’s vehicle (a blue 2006 Honda CRV with Quebec licence plate #X06YLP) was located by police on No. 32 Side Road between Fourth and Fifth Line, Halton Hills after it had crashed into a ditch. The accused was located a short distance away by police walking with his sister, Reja KHAN, while carrying the green reusable shopping bag which was later found to contain a hatchet with cover, roll of duct tape, white nylon rope, and a black 10” Cuisinart kitchen knife with blood on the blade (the knife used in the stabbing).
The accused was originally non-compliant with verbal instructions to surrender and following a taser deployment he was successfully placed under arrest at approximately 9:38am.
Following medical treatment at Georgetown District Hospital, the accused was transported to 20 Division Central Lockup where he was given an opportunity to speak with duty counsel and interviewed.
The accused was held pending a bail hearing for the above listed criminal offences.
Hospital Report dated March 14, 2025
The Hospital Report dated March 14, 2025, was prepared for this hearing and contains a detailed review of Mr. Khan’s personal and mental health history.
Mr. Khan is diagnosed with schizophrenia. He has no criminal record or history of alcohol or substance abuse.
At the time of the index offence, he was living in his car in a parking lot in Acton. Mr. Khan travelled from Montreal to Ontario in April 2022, for the purpose of obtaining legal guardianship of his sister.
Mr. Khan graduated from the University of Toronto in 2008 with a bachelor of business administration. He has not had gainful employment since his graduation.
Health records indicate that symptoms of mental illness began to emerge in 2014. Mr. Khan reports that his father refused to discuss Islam, and their relationship became strained. He was asked to leave his father’s home on three occasions and sought the assistance of a local Mosque and shelter for housing. Mr. Khan’s mother died in April 2020 and his father in July 2020. Mr. Khan’s aunt, Ms. Rubab Khan, lives in India and is the power of attorney for Reja Khan.
In September 2019, Mr. Khan was taken to the hospital by the police after his father completed a Form 2 under the Mental Health Act. The Hospital Report indicates that his father was concerned with his son’s lack of hygiene, hyper-religiosity, and paranoia. Mr. Khan was not eating a sufficient amount, and had lost 80 pounds over 3 years.
In March 2021, Mr. Khan was taken by the police to the emergency department at a hospital in Montreal. He was found by police wandering the street in a disorganized and disoriented state, speaking incoherently in Arabic. From March 26 to May 5, 2021, Mr. Khan was hospitalized in Verdun, Quebec, and underwent a psychiatric assessment.
In June 2022, he was assessed by the Mobile Crisis Rapid Response Team in a park where he had been sleeping in his car. Persecutory delusions were observed related to people preventing him from living in a way approved by Allah.
Following the index offence, Mr. Khan was taken to Maplehurst Correctional Complex in August 2022. A report describes him as flat, religiously preoccupied, suspicious, and paranoid. He prayed all day, and expressed that angels were talking to him. He was sent to a hospital for a psychiatric assessment after assaulting a staff member, and returned to Maplehurst on July 17, 2023.
He was hospitalized at the Oakville Trafalgar Memorial Hospital from June 27, 2023, to July 17, 2023. The records indicate that Mr. Khan, despite his various hospitalizations, had not received consistent psychiatric treatment. There is a concern expressed in the hospital records that Mr. Khan’s illness is severe and persistent, and that schizophrenia has a neurodegenerative effect, especially when untreated. The records indicate that he was dishevelled with thought disorganization. Mr. Khan reported having command hallucinations, and stated that he would follow any direction he received from God, including commands to harm others. He reported hearing voices from various sources, including Satan, Jinns, angels and God. He also expressed thoughts revealing persecutory delusions.
There have been no issues with Mr. Khan’s behaviour at St. Joseph’s since his admission following the NCR finding.
He is incapable to make treatment decisions.
When he was first admitted, Mr. Khan was seeing angels and hearing their voices. This occurred less frequently with treatment. He continued, however, to experience persecutory delusions.
Mr. Khan experienced significant and profound negative symptoms of his schizophrenia. Initially, he would spend most of the day laying in bed, and had a severe lack of motivation. He also lacked insight into his condition and need for treatment. He would not accept the diagnosis, and believed the vision and voices of angels were real. He was also preoccupied with very rigid religious beliefs, and the Hospital expressed a concern that Mr. Khan could not separate religious beliefs from religious delusions. He has ruined relationships with various Imams in the past because of his extreme religious beliefs which exceeded the usual practice of Islam.
The index offence resulted from his belief that his sister had to be rescued, and that it was necessary for him to remove her from the residence by any means. He continued to express a concern to hospital staff that his sister was being held in her group home against her will.
The Hospital Report describes Mr. Khan’s first year at St. Joseph’s following the index offence. There was no clinical change to his mental status. He remained adherent to his scheduled medications. He did not properly attend to his hygiene, and his insight and judgment were described as poor. He did not participate in recreational programming, preferring to spend the day isolated in his room praying or resting. He did not interact with staff or co-patients on the unit. The delusional religious thoughts continued.
Mr. Khan was admitted to Harbor North 3 on April 25, 2024. There have been improvements in various areas this past year. He spends less time in his room and participates in recreational therapy programs. He attends to his hygiene appropriately. There were no perceptual disturbances either observed by staff or reported by Mr. Khan. There were also no indications of overt psychosis, and there was no aggressive behaviour or indications of agitation. Importantly, he no longer endorses persecutory delusions related to the welfare of his sister, and recognizes that his behaviour at the time of the index offence was a consequence of his illness.
He remains religiously preoccupied but this has lessened over the year. He previously advised staff that his religion prohibited any indulgence in sports, but he now participates regularly in baseball and volleyball. Similarly, his faith prevented him from watching television, but he has this past year begun to watch television with co-patients. Mr. Khan remains committed to his Islamic faith, but he accepts alternative interpretations of the Quran, and no longer feels that he is on a religious crusade.
Mr. Khan has completed various therapeutic programs, and is now enrolled in the Cognitive Behavioural Therapy for Psychosis group. He is also completing a refresher course to prepare for registration in post-secondary education.
In May 2024, his medication was switched to an injectable paliperidone, which may be related to the improvement in his condition.
In the Hospital’s opinion, as provided in the Hospital Report, Mr. Khan remains a significant threat to public safety. It refers to the severity of the index offence, and Mr. Khan’s history of discontinuing medication and experiencing a relapse of psychosis. The Hospital also refers to his improvement of insight into his condition, and participation in therapeutic programming as a recent development.
In anticipation of increased privileges, the Hospital suggested that ongoing detention and supervision remain necessary.
Testimony of Dr. Nagari and the Victim Impact Statements of Eniko Laszlo and Josere Dayao
Dr. Nagari has been treating Mr. Khan since April 2024. Mr. Laszlo was the victim of the index offence and filed a victim impact statement. Ms. Dayao is the director of the Millhouse Resthome, and also filed a victim impact statement.
Dr. Nagari testified by highlighting the improvements in Mr. Khan’s condition and in his behaviour. He referred to Mr. Khan being asymptomatic, attending to hygiene, interacting with staff and co-patients, and participating in programs and recreational activities. Dr. Nagari also advised that Mr. Khan has not attempted to contact his sister.
Dr. Nagari indicated that Mr. Khan has a relationship with a Chaplain from the Spiritual Care staff, and the Hospital intends to introduce Mr. Khan to a local Imam to further assist Mr. Khan with his spiritual needs.
Regarding significant threat to public safety, Dr. Nagari reiterated his comments in the Hospital Report that strong supervision and monitoring are very important to manage the risk to public safety with the expectation of indirect passes into the community being permitted under this year’s Disposition.
Dr. Nagari would like to see Mr. Khan participate in vocational pursuits, such as school or employment. Mr. Khan does not currently have any structure to his daily routine, and has no supports in the community other than a forensic treatment team. To facilitate possible employment, the Hospital is suggesting the indirectly supervised passes encompass Southern Ontario.
Dr. Nagari advised the Crown that the privileges would be increased in gradual stages with ongoing monitoring of his mental state.
In answer to questions from the panel, Dr. Nagari indicated that Mr. Khan would like to re-establish contact with his sister at the appropriate time. The panel was advised that there is no Imam on site at St. Joseph’s, but the team will attempt to locate an Imam who can visit with Mr. Khan.
Mr. Laszlo conveyed in his victim impact statement the traumatic effect the index offence had on him. In addition to the physical injuries, he continues to take therapy for the emotional harm he suffered. Mr. Laszlo has not returned to work.
Ms. Dayao expressed the financial cost incurred by the facility as a result of the index offence. Further staff were hired and the security system was improved.
Submissions
- At the conclusion of the evidence, the parties agreed that a continuation of the detention order with the additional privileges suggested by the Hospital was appropriate.
Analysis
After considering the evidence, the panel agrees that a continuation of the detention order with the additional privileges is necessary and appropriate. Mr. Khan has demonstrated significant improvement in his condition over the past year. He has been asymptomatic, engaged in programming, and engages with co-patients. He has developed better insight into his condition and the need for medication, and has been co-operative with staff. His religious beliefs have become less rigid, and he is more tolerant of different religious perspectives.
The index offence was extremely serious. Mr. Khan went a prolonged period of time without treatment for his schizophrenia, and his mental state and behaviour suffered to a great extent. He has a history of non-compliance with medication or any form of treatment. He developed very extreme and rigid religious delusions and hallucinations. He came to believe that it was appropriate to harm people if directed by God.
It is appropriate for his privileges to be expanded to include indirect access to the community. It is also appropriate for the Hospital to institute these privileges gradually, and to be continually monitoring Mr. Khan for any decline in his condition. At this time, while the community privileges are being gradually introduced, it is yet to be determined if Mr. Khan will remain mentally stable.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
Dated this 17th day of April 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna Legal Member
Office of the Registrar Ontario Review Board