Re: Mohamed Elasar
ORB File No: 8199
Hearing held on: Thursday, February 20, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal Members: Dr. B. Bordoff Dr. J. Kis Hon. B. Allen Mr. J. Cyr
Parties Appearing:
Accused: Mohamed Elasar Counsel: Ms. M. Murphy
The person in charge of hospital: Counsel: Ms. A. Marshall (via Zoom)
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated April 14, 2025)
Introduction
Mohamed G. Elasar, age 36, was on October 26, 2022, found not criminally on account of mental disorder on charges of assault causing bodily harm and fail to comply with a probation order (x2), contrary to the Criminal Code.
On February 20, 2025, Mr. Elasar appeared before the Ontario Review Board (the "Board") from the Centre for Addiction and Mental Health (the "hospital") for his annual review. Mr. Elasar is currently on a Detention Order with privileges up to living in the community of the GTA in accommodation approved by the person in charge.
The Board had before it as Exhibit 1 the Hospital Report dated January 6, 2025. At the hearing, an interpreter was present. Mr. Elasar indicated that he did not require one. The interpreter remained in case there was a need.
In preliminary positions, the hospital, supported by Crown counsel, was not recommending any change. Ms. Murphy, representing the patient, indicated that her client desired an Absolute Discharge.
Index Offence
- The following details of the circumstances surrounding the index offence are excerpted from the hospital report and based on the NCR assessment report authored by Dr. Iosif, dated June 20, 2022:
"THE OFFENCE: At the time of this offence on July 1, 2021, Mr. ELASAR and the complainant, RS, were residing in the same building at K[…] Rd., Toronto. Mr. ELASAR and Ms. S are not well known to each other. Ms. S advised police that she was aware of the accused from living in and seeing him in the building, and that she would sometimes give him spare change or cigarettes. On July 1st, 2021, at approximately 5:30 AM, Ms. S exited K[…] Rd in her wheelchair to have a cigarette in front of the building. Mr. ELASAR was observed on surveillance video getting into the elevator of the building and travelling down to the lobby. While in the elevator, and upon his exit, a long, thin item, later discovered to be a screwdriver, is seen in his hand. Mr. ELASAR's distinctive face tattoo can be seen on parts of this surveillance video.
Appendix A: Elevator Video Clip Video from inside the lobby, with a partial view of the outside front of the building, shows the complainant sitting outside (her legs and the front of her wheelchair are visible). The accused approached the complainant, without prompt or invitation, and said "why you do this, you did this". He then kicked the complainant and her wheelchair. He produced a screwdriver from on his person and stabbed the complainant in the shoulder area and arm multiple times with the screwdriver.
Appendix B: Lobby Video Clip The complainant was able to move away from the accused in her wheelchair and police were called. The accused fled toward the street through the parking lot of the building. He is seen on surveillance video pacing back and forth continuously between the sidewalk in front of the building, and the parking lot. Another witness, Randy CHICOINE, who was approaching the building and walking through the parking lot at the same time as the accused, observed the accused pacing around in an erratic manner. He also observed the accused holding a long, metal object consistent with a screwdriver or antenna. Police arrived on scene at the building, as the accused was still pacing back and forth. Video surveillance shows that, following refusals by the accused to submit to arrest, it took several officers to take physical control of the accused. Leg restraints were required to effect the arrest. Police then placed Mr. Elasar into the back of a scout car. Arresting officers made observations of Mr. ELASAR's demeanour at the time of the arrest. PC McKinnon #10122 noted that Mr. ELASAR was rambling, was not making any sense, appeared to be emotionally disturbed and that he was at one point ELASAR, M. 12 yelling incoherently. Police searched the area incident to arrest and, in the location the accused was apprehended, located the screwdriver used during the assault."
Background
Mr. Elasar's personal and psychiatric history, including the details of his mental disorder and treatment since being found NCR, are described in detail in the hospital report. Briefly, Mr. Elasar is 36 years of age, single, with no dependants. He was born in Gaza, Palestine and immigrated to Canada at the age of 16. He dropped out of high school in either 2005 or 2006 and worked full time as a barber until approximately 2009. At the time of the index offenses, he was living alone in an apartment in Scarborough, Ontario and financially supported by the Ontario Disability Support Program.
Mr. Elasar's current diagnoses are Schizophrenia and Cannabis Use Disorder. He is capable of consenting to psychiatric treatment.
Mr. Elasar's involvement in the criminal justice system is extensive, dating back to October 2012, when he was convicted for assault. Convictions for uttering threats, criminal harassment, failing to comply with court orders, possession of property obtained by crime, harassing communications, indecent act and unlawfully-at-large followed, before he was found NCR in 2022.
Evidence at Hearing
Dr. Benassi, the patient's psychiatrist, testified. He has been the most responsible physician since this past June. Dr. Benassi noted that an occupational therapy assessment has recently been completed. Mr. Elasar's scores were low in all domains of daily living resulting in a recommendation for supportive housing.
Mr. Elasar was transferred to a general forensic unit this year without incident.
Mr. Elasar continues to endorse bizarre and somatic delusions. In 2024 there were three incidents involving violence or aggression. The incidents related to delusional thinking about others' intentions. In January 2024 he punched another patient. In October, he pushed a co-patient who was flicking a lighter. In November there was some horseplay involving pushing another patient. It is difficult to get a handle on the cause of the various incidents because Mr. Elasar minimizes and is guarded.
While in hospital, Mr. Elasar is compliant with treatment. He continues to demonstrate residual symptoms. There has been some improvement in his behaviours over the last number of months.
Examples of residual symptoms include beliefs in alleged spontaneous healing of his teeth by avoiding a particular co-patient; that cannabis results in a loss of fat; and that chemicals applied by the barber produce baldness.
His medication is not optimized. At p. 24 of the hospital report it is noted that he refused Topirate doses.
Mr. Elasar's insight is marginal. Mr. Elasar can acknowledge that he has schizophrenia and recognizes that some prior thoughts. Prior to engaging in aggressive behaviour are produced by it, such as people wishing to kill him, but he still endorses bizarre physical beliefs. He requires more psychoeducation regarding the benefits of his medication.
In Dr. Benassi's view, if granted an Absolute Discharge, the patient would stop treatment and medication and endorse paranoid and psychotic thoughts that would cause him to be a danger of violence to the public.
This would be exacerbated if he consumed cannabis which he wants to do. Decompensation would result in agitation and problematic behaviours with a risk of violence to the public.
Mr. Elasar's history shows his pattern of instability. His family had to call police frequently prior to the index offence. Mr. Elasar has a history of noncompliance with treatment and medication. Delusions preceded and contributed to the commission of his index offence.
On December 27, 2024, Mr. Elasar smoked some cannabis that he said he found. His privileges were reduced. Presently, he needs to be accompanied by staff. He will need to work his way back up the privilege ladder. Mr. Elasar has said that he would smoke cannabis if living in the community. Mr. Elasar believes he is going to get an Absolute Discharge.
While he is ready to be considered for community living, his plan is to return to his current apartment that involves independent living. That apartment is also the site where a victim of the index offence lived.
There is a no-contact clause in his Disposition. The hospital is of the view that leaving the possibility of a return to his own apartment is not realistic and not assisting Mr. Elasar's course of treatment. The hospital requires the ability to approve his housing as part of risk management.
Regarding consideration of either an Absolute Discharge or Conditional Discharge, the Mental Health Act would be inadequate to return Mr. Elasar quickly to hospital if he started to decompensate. The hospital needs to be able to intervene early when signs of decompensation appear.
Mr. Elasar cannot live with his family given their concerns about his behaviour.
There are no community mental health supports in place currently. Mr. Elasar has the support of his parents and sister.
Mr. Elasar has been tentative about substance relapse education. He wants to consume cannabis.
In final submissions, Crown counsel advanced that the housing clause explicitly state "supportive housing as approved by the person in charge". Ms. Murphy urged the Board to consider both a Conditional Discharge and an Absolute Discharge, noting the improvements in behaviour in recent times.
Reasons
The first issue is whether the patient represents a significant threat to the safety of the public. The index offences, of course, were very concerning attacks on particularly vulnerable individuals. Since the index offence, there have been some incidents of violence or aggressivity. Dr. Benassi was also clear that given the patient's history, the patient would fall away from treatment and medication, become psychotic and act out violently. This would be exacerbated by consumption of cannabis. The patient has said he wants to continue such consumption as soon as he is not under the Board's jurisdiction. The Mental Health Act would be insufficient to hospitalize and keep the patient for a sufficient time to treat him. The hospital needs to intervene early if decompensation begins. The hospital needs to approve housing. The Board finds that significant threat is still prominent.
Currently, Mr. Elasar's privileges include community living in approved accommodation. The recent occupational therapy assessment strongly endorses the need for supervised accommodation. Crown counsel urged we change the condition to supervised housing as approved by the person in charge. Mr. Elasar continues to believe that he is going to be able to return to his independent living unit which is paid by ODSP. In the Board's view, to have Mr. Elasar continue to believe that he can return to his apartment is unrealistic and not therapeutic. Mr. Elasar's first placement in the community requires supervised housing. The Board is of the view that keeping the community living provision without specifying living in supervised accommodation feeds into his belief that he is going back to his apartment upon release when that is not the case. In our view, the current clause does not protect the public and is an obstacle to a healthy therapeutic pathway.
DATED this 14^th^ day of April, 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
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Office of the Registrar Ontario Review Board