Ontario Review Board
Re: Adeola Bakenne
ORB File No. 7706
Hearing Date: March 26, 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 Ms. M. McKinnon Mr. K. McKenna
Parties Appearing:
Accused: Adeola Bakenne
Amicus: Mr. A. Rai
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. K. Malkovich
REASONS FOR DISPOSITION
(Dated April 17, 2025)
Introduction
Mr. Bakenne was found not criminally responsible (NCR) on March 12, 2020, for the criminal code offences of assault with intent to resist arrest, and assault peace officer cause bodily harm.
He is currently subject to a detention order under a Disposition dated March 27, 2024, with privileges that extend to living in the community in accommodation approved by the person in charge.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 26, 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. Mr. Bakenne indicated that he intended to represent himself.
At the commencement of the hearing the Hospital submitted that Mr. Bakenne was a significant threat to the safety of the public, and that a continuation of the existing detention order without changes to the terms and conditions was appropriate. Mr. Bakenne and Counsel for the Attorney-General supported this recommendation.
After considering the evidence, the panel concluded that a continuation of the current detention order with the same terms and conditions was appropriate.
Index Offences
- The following is a synopsis of the index offences which occurred on September 25, 2018.
“On September 25, 2018 Mr. Bakenne became aggressive and hostile, yelling and screaming, causing a disturbance when the bank manager at the bank refused to open a new account for him. Police were called and Mr. Bakenne told them he was not leaving as the bank staff were being racist in refusing to open an account for him. He was told he was trespassing and had to leave but refused. He was arrested under the Trespass to Property Act. When the police attempted to effect the arrest, Mr. Bakenne became combative and punched and kicked at the officers. He punched one of the officers twice in the side of the face and she tasered him. He continued to try to hit the other officer and he was tasered again."
Hospital Report dated March 10, 2025
The Hospital Report dated March 10, 2025 was prepared for this hearing, and contains a detailed review of Mr. Bakenne’s personal and mental health history.
Mr. Bakenne did not have a criminal record prior to the index offence.
He is diagnosed with Schizophrenia and Cannabis Use Disorder, in sustained remission in a controlled environment.
Mr. Bakenne was admitted to St. Joseph’s on March 12, 2020 following the NCR finding. On May 29, 2023, he was discharged to live in the community. He was readmitted to the hospital from December 27, 2023 to January 17, 2024.
Prior to the index offences, Mr. Bakenne was residing in St. Catharines and was receiving support from the Canadian Mental Health Association. He had moved into a subsidized unit in August 2018. His CMHA worker advised that Mr. Bakenne was often non-compliant with his medication which resulted in frequent hospitalizations for his symptomatic bizarre behaviour. Mr. Bakenne was evicted from his apartment and began accessing the shelter system. Health records indicate that between 2018 and 2019, he was transported to hospital by police on at least 4 occasions for ongoing bizarre and threatening behaviour in the community and increased psychotic symptoms.
Following the index offence, Mr. Bakenne was charged with various offences on February 26, 2019, September 22, 2019, and September 23, 2019. On February 26, 2019, he kicked and damaged the superintendent’s door in the apartment complex he resided. He then smashed numerous windows with a baseball bat. Mr. Bakenne was charged with 2 counts of mischief.
On September 22, 2019, Mr. Bakenne followed a woman along a street in Niagara Falls. He made comments to her such as, “let’s fuck”, and exposed his penis as he was pressing his body against her. He left the area when she sought assistance, went into a bush area and removed his clothes. He then walked along the street naked. He was charged with sexual assault, indecent act, mischief, and fail to comply with recognizance.
On September 23, 2019, while in police custody, he urinated on a chair and defecated in his cell. While being transported to court, he spit on the special constable. He was charged with 2 counts of mischief and an assault.
Mr. Bakenne was born in Lagos, Nigeria. His brother, Ademola, advised that their mother died in 2000, which was very upsetting for Mr. Bakenne. Mr. Bakenne started experimenting with cannabis during his first year at the University of Lagos. He did not complete his courses and left university in the second year. His substance use has included crystal methamphetamine and heroin.
Ademola advised that around this time Mr. Bakenne was admitted to the hospital for drug rehabilitation and psychiatric treatment.
The family moved to the Niagara Region in 2014. It was apparent to Ademola that Mr. Bakenne was struggling with mental health issues at the time. He presented with paranoia and often spoke incoherently. Mr. Bakenne was often non-compliant with his medication that resulted in bizarre behaviour, interactions with the police, and hospitalizations.
Clinical records indicate that Mr. Bakenne often presented in hospital with auditory hallucinations, paranoid thoughts, and delusional beliefs.
On admission to St. Joseph’s following the index offence, Mr. Bakenne acknowledged experiencing command auditory hallucinations. His insight and judgment were limited due to the ongoing psychotic symptoms. He was experiencing delusional beliefs, and his behaviour was described as unpredictable. By the end of November 2019, prior to the NCR finding, Mr. Bakenne was refusing his antipsychotic medication. Staff observed that Mr. Bakenne demonstrated increased agitation. He would pace the hallways, interact with internal stimuli, and he was refusing to eat believing the food had been poisoned. Mr. Bakenne made other people on the unit uncomfortable with his threatening behaviour. In early December 2019, he assaulted a staff member.
By mid December he accepted his antipsychotic medication, and very quickly, his agitation decreased and his behaviour improved. He was still observed to be experiencing psychotic symptoms, such as auditory hallucinations, and was responding to internal stimuli.
In May 2023, Mr. Bakenne was discharged to live at the Perkins Centre, Indwell Housing. This facility offers independent apartments with staff in the building during weekday business hours.
At the time of his discharge, Mr. Bakenne’s condition and behaviour had improved, but he still experienced symptoms of psychosis, such as paranoid delusions, and his behaviour could be rude and argumentative. Numerous drug screens had returned positive for cannabis, and he had a tendency to challenge the rules and be somewhat defiant when challenged on his behaviour. He had been exercising indirectly supervised passes into the community for up to 8 hours without much difficulty. On one occasion he was late returning to the hospital and an escape custody package needed to be initiated.
Mr. Bakenne was readmitted to the hospital on December 27, 2023, after his case manager and Dr. Prat, noticed that his psychotic symptoms had intensified. This included grandiose delusions, tangential thought process, and dressing in an odd manner. A urine drug screen detected ephedrine/pseudoephedrine, which is a compound present in nasal and sinus congestion medication. It is known to trigger manic or psychotic symptoms in individuals who are susceptible. With improvement in his symptoms, he was discharged to his residence on January 17, 2024. Ademola advised staff that Mr. Bakenne had abused cough medicine in Nigeria.
Mr. Bakenne is seen by a member of the outpatient team twice weekly; once at his residence and once at the clinic.
The records indicate that his mental status fluctuated in the community. Mr. Bakenne was most often punctual for his appointments with a generally pleasant demeanor. Occasionally, however, his thought process was disorganized, tangential, and included the use of neologisms. He also experienced bizarre and grandiose delusions, and continued to respond to internal stimuli. The records also indicate that his insight into his illness and need for medication is limited.
On one occasion he asked the team to discontinue his olanzapine as he was concerned it was affecting his sperm count, sexual desire, and weight. The olanzapine was not discontinued, and the team expressed concern that this request was indicative of little insight into the benefits of the medication and the need to remain adherent.
It is apparent to the team that Mr. Bakenne has been adherent to his medication regimen since his discharge to the community. He self-administers his olanzapine, and was attending monthly at the outpatient clinic to receive his injection of paliperidone.
He sells jewelry at the Colours Café, located at St. Joseph’s, and earns $150-$200 monthly. Mr. Bakenne enrolled in the Teams Program at the Amity Goodwill. This program supports individuals looking for experience in the workplace. He also works with a Career Development Specialist for his applications and resume coaching.
His brother, Ademola, is his substitute decision maker for treatment.
Mr. Bakenne commented to the team that he has a good relationship with his current case manager who is male. He has difficulty working with a female who is in a position of authority.
Mr. Bakenne’s injection of paliperidone was changed from monthly to every 3 months to reduce the frequency of the injections and increase the likelihood of compliance.
Mr. Bakenne’s clinical presentation has not changed appreciably this past year. He continues to experience grandiosity and delusions. He has occasionally travelled outside of the boundary permitted by his Disposition. Suggestions by the team regarding his treatment needs are often met with resistance or denial. He has also stated in the past that he will use substances if granted an absolute discharge.
Testimony of Dr. Shariati and Adeola Bakenne
Dr. Shariati has been Mr. Bakenne’s most responsible physician since 2022. Dr. Shariati testified and highlighted the salient information provided in the Hospital Report. He indicated that there have been no threats or acts of violence this past year, and that Mr. Bakenne remains engaged with the Amity Goodwill program. Dr. Shariati expressed concern with Mr. Bakenne’s use of cough medicine, and referred to the readmission to hospital in 2023 which was necessary after Mr. Bakenne consumed epinephrine and his condition deteriorated.
Dr. Shariati stated that Mr. Bakenne’s condition had neither deteriorated nor improved over the past year. He may consider instituting clozapine into Mr. Bakenne’s medication regimen. Dr. Shariati advised that Mr. Bakenne does not share personal information with the team, including information related to psychotic symptoms he may be experiencing. Dr. Shariati indicated that Mr. Bakenne’s insight into his illness has improved, but not his insight into the effects of substance use on his mental health.
Dr. Shariati expressed that the Mental Health Act would not be sufficient to manage the risk to public safety. If Mr. Bakenne decompensates, the Hospital needs the ability to readmit him quickly and keep him in hospital until Mr. Bakenne is ready for discharge. It is also important for the Hospital to approve Mr. Bakenne’s accommodation.
Dr. Shariati advised the Crown that the Perkins Centre has not reported any management concerns with respect to Mr. Bakenne’s behaviour.
Mr. Bakenne questioned Dr. Shariati. Dr. Shariati agreed with the suggestion that the grandiosity had lessened, and that Mr. Bakenne had not missed an appointment in 2 years. Mr. Bakenne also advised Dr. Shariati that he could not reveal his finances.
Dr. Shariati confirmed through a question from the panel that the Hospital maintains contact with Ademola Bakenne.
Submissions
- The parties, including Mr. Bakenne, simply advised the panel after hearing the evidence they each continued to recommend a continuation of the current Disposition.
Analysis
After considering the evidence, the panel accepts that Mr. Bakenne remains a significant threat to the safety of the public, and that a continuation of the current Disposition is necessary and appropriate.
He has remained mentally stable and has not engaged in any aggressive or violent behaviour this past year. Mr. Bakenne has attended all his scheduled appointments, and remained adherent to his medication regimen. This has resulted from the supervision and monitoring provided by the outpatient team and the Hospital.
Perhaps, Mr. Bakenne is abusing cough medicine which has a deleterious effect on his mental health as evidenced by the readmission in December 2023. It is very likely, by his own admission, that if given an absolute discharge, he will consume substances, which will also cause a deterioration of his condition.
The evidence is clear that Mr. Bakenne does not have appropriate insight into the harmful effect substance use will have on his mental health, and with substance use and the lack of professional support and supervision, both his mental health and behaviour would decline, and public safety would be at risk.
The symptoms of his psychosis, although assuaged, remain, and have to be regularly monitored by the outpatient team for any signs of an increase in their intensity to manage the risk to public safety. If it becomes necessary, the Hospital requires the authority to readmit Mr. Bakenne to hospital, and to keep him in the hospital until it is appropriate to discharge him back to the community. It is also necessary for the Hospital to have the ability to approve Mr. Bakenne’s housing.
A deterioration in his condition without the support of the outpatient team would most likely result in behaviour similar to the index offences and the behaviour that resulted in charges after the index offences.
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 Region of Toronto.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board