Re: Nabil Huruy
ORB File No: 6872
Hearing held on: Tuesday, March 11, 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. S. Clapp Members: Dr. R. Sheppard Dr. S. Lessard Mr. D. Sandor Mr. J. Cyr
Parties Appearing: Accused: Nabil Huruy Counsel: Mr. I. McCuaig
The person in charge of hospital: Representative: Ms. A. Feldstein
Attorney General of Ontario: Counsel: Mr. M. Yousuf
REASONS FOR DISPOSITION
(Dated April 30, 2025)
Introduction:
On December 10, 2015, Nabil Huruy was found not criminally responsible (“NCR”) on account of mental disorder on a charge of second-degree murder contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated March 22, 2024, whereby he is detained on a Hybrid Disposition at the Centre for Addiction and Mental Health (“CAMH” or the “hospital”) with privileges up to and including entering the community of Toronto accompanied by staff or an approved person. The Disposition also requires that Mr. Huruy abstain from substance use, and not possess any weapons or incendiary devices or materials.
On March 11, 2025, a panel of the Board convened at CAMH to conduct Mr. Huruy’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Huruy attended the hearing and was represented by counsel. Members of the victim’s family, and Mr. Huruy’s mother, attended the hearing. An interpreter who had been arranged by the hospital was also present to assist Mr. Huruy’s mother.
The Hospital Report dated February 19, 2025, was marked as Exhibit 1 at the hearing. In addition to the documentary evidence, Mr. Huruy’s attending psychiatrist, Dr. D. Jaiswal, gave evidence.
The issues to be decided at the hearing were whether Mr. Huruy continues to meet the test of posing a significant threat to the safety of the public and, if so, what is the necessary and appropriate Disposition, bearing in mind the four factors in section 672.54 of the Criminal Code.
Position of the Parties:
- At the outset of the hearing, the parties were asked for their initial without prejudice positions. Ms. Feldstein, on behalf of the hospital, took the position that Mr. Huruy remains a significant threat to the safety of the public and that a continuation of the Detention Order was required, with the addition of three clauses: 1) indirectly supervised privileges into the community of Toronto; 2) community living in supervised accommodation approved by the person in charge; and 3) no attendance at 1530 Danforth Avenue. Mr. Yousuf agreed that a Detention Order was required, but opposed the addition of community living, on behalf of the Attorney General. Mr. McCuaig joined the position of the hospital.
Findings:
- For the reasons that follow, the panel found that Mr. Huruy continues to represent a significant threat to public safety. The panel concluded that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a continuation of the current Detention Order, with the additional clauses as recommended by the hospital. The panel also added a no-contact clause with members of the victim’s family.
Index Offence:
- The index offence occurred on September 14, 2013. The full circumstances are described in the Hospital Report and include the following (at pages 9-10):
“The witnesses inside the "hookah lounge” described that the victim was seated with other patrons when the suspect entered the bar. He was wearing a “medical rubber glove” on his right hand. He was asked by the owner of the lounge what had happened to his hand. The suspect simply stated that he had hurt himself and did not provide any other details. The suspect ordered a drink (as he had on past occasions). He eventually sat down near the victim and was reported to be acting in peculiar fashion. After a very short time, and without any notice, he brandished a single knife and began to stab the victim on top of his head. The owner of the establishment intervened and managed to pull the offender from his assault on the victim, at which point, the suspect lunged forward with a second knife. He continued his assault by stabbing the victim in the face.”
The victim was transported to hospital and succumbed to his injuries two days later.
After his arrest, Mr. Huruy denied killing anyone. He was distressed, agitated, and banged his head against a wall in the interview room. He later acknowledged that he had taken two sharp knives from his house that night as he thought he was being watched and followed and needed to protect himself.
Background:
Mr. Huruy’s personal background is set out in detail in the Hospital Report and will not be repeated here. Briefly summarized, Mr. Huruy is a 35-year-old single man who was born in Saudi Arabia. His parents separated when he was 6 years old. He came to Canada at the age of 12 with his mother and sister and was granted permanent residency in Canada in January 2011.
Mr. Huruy attended at least three different secondary schools. He began skipping classes and smoking cannabis in grade 10. Attempts to obtain a copy of Mr. Huruy’s Ontario School Record where unsuccessful (potentially as a result of him changing his name upon arriving in Canada), however, it is believed that he completed grade 11. Mr. Huruy worked at various part-time jobs but did not stay at them for very long. He had a three-year relationship with a woman that ended three to four months before his arrest for the index offence.
Criminal History:
- The Hospital Report included Mr. Huruy’s criminal history which included convictions for theft under $5,000 and failing to comply with a recognizance. He also had charges of assault with a weapon involving a knife, break and enter with intent, and theft, which were either withdrawn or stayed. There were also references to Mr. Huruy’s sister calling police after having disputes with Mr. Huruy. There were also a number of police interactions in the days leading up to the index offence (Mr. Huruy walked into a woman’s house, rummaged through another person’s car, was on the roof of a school, and stood on a bridge over a highway looking like he was going to jump).
Psychiatric History:
According to the Hospital Report, Mr. Huruy had no prior psychiatric history.
Following his arrest, and while detained at the Toronto West Detention Centre, Mr. Huruy was involved in unprovoked physical altercations, banged his head against walls, exhibited homicidal ideation, and experienced auditory hallucinations.
The following excerpt from the Hospital Report summarizes Mr. Huruy’s time under the jurisdiction of the Board from the time he was found NCR to the present time (at page 2):
“In December 2015, he was found Not Criminally Responsible on Account of a Mental Disorder for a charge of Second Degree Murder, for events which took place in 2013. He was admitted to Waypoint Centre for Mental Health Care under a Detention Order from 2015 until 2023. Although his mental status remained stable with antipsychotic treatment (clozapine) for most of his time at Waypoint, his admission to Waypoint was prolonged by religious delusional beliefs which resulted in homicidal intent to harm Waypoint staff and patients. In 2022, Mr. Huruy reported a change in his interpretation of his Islamic faith, and the homicidal ideations improved. He was ordered detained at the Secure Forensic Service of CAMH. In October 2023, he was transferred from Waypoint to CAMH, and initially resided on the Secure Observation and Treatment Unit (SOTU) between October and December 2023. In December 2023, he was transferred to the Forensic Secure Unit B (FSUB). On July 17, 2024, Mr. Huruy was transferred to the Forensic General Unit B (FGUB, Unit 1-3).”
In September of 2016, while at Waypoint, Mr. Huruy began to express homicidal ideation related to extremist radical Islamic views. He stated that he would return to Waypoint after his discharge for the purpose of carrying out an attack on staff and co-patients. Dr. Peter Collins, a forensic psychiatrist with the Criminal Behaviour Analysis Section of the OPP, conducted assessments of Mr. Huruy in 2017, 2020 and 2022 in relation to his extremist beliefs. The results of these assessments are discussed in detail in the Hospital Report. In summary, Dr. Collins concluded that Mr. Huruy posed a high risk of violence in light of these views and his diagnoses of schizophrenia. He suggested that Mr. Huruy meet with an Imam on a regular basis to potentially influence Mr. Huruy regarding the normal, non-radicalized form of Islam.
In 2022, Mr. Huruy reported a change in his interpretation of his Islamic faith, after speaking with an aunt in Saudi Arabia, and no longer espoused his extremist homicidal ideations. Mr. Huruy was subsequently transferred to CAMH to be closer to his mother, and he has maintained that he had misinterpreted the Quran and no longer has religious delusional beliefs or extremist homicidal ideations.
Mr. Huruy’s diagnoses are Schizophrenia and Cannabis Use Disorder, in remission in a controlled setting. He is incapable of consenting to treatment and his mother is his substitute decision-maker (“SDM”).
Evidence at the Hearing:
The Hospital Report stated that Mr. Huruy was transferred to a general forensic unit on July 17, 2024. He has remained clinically stable and progressed to using indirectly supervised hospital grounds privileges. He also entered the community accompanied by his mother and/or sister who are Approved Persons. These accompanied passes were increased over time, and as of the end of 2024, Mr. Huruy exercised these passes into the community for 8-10 hours once every two weeks. He primarily attends the family home for gatherings. Mr. Huruy was adherent to Clozapine and all urine drug screens were negative. He maintained independence with respect to activities of daily living and was referred for an Independent Living Skills assessment. Dr. Jaiswal confirmed at the hearing that this report was still pending.
Mr. Huruy volunteered at the hospital’s barber shop and completed the first of three online program modules of a Life Skills Coaching program at George Brown College. He also attended many therapeutic groups and was described by staff as being able to “master quantity and quality” in his involvement. Staff reported that Mr. Huruy “engages in discussion and participates in a meaningful, genuine way”, and that he is “self-reflective and insightful.”
Mr. Huruy remains incapable of consenting to treatment. The Hospital Report stated that Mr. Huruy endorsed previously being diagnosed with schizophrenia but maintained that his experience of paranoia was drug-induced, and he was not sure whether he had been cured of schizophrenia because of medication or because he had restrained from using cannabis. The mental status examination from February 2025 stated that Mr. Huruy was “ambivalent regarding the presence of an underlying persistent psychotic illness warranting indefinite treatment with clozapine” (at page 32).
The Hospital Report stated that although Mr. Huruy routinely engaged in faith-based practices, these did not appear to be influenced by religiously-themed delusions. Commencing in August 2024, Mr. Huruy started meeting with a CAMH-based spiritual care provider from the same faith. Documentation from these interactions indicated an absence of religiously-themed delusions or homicidal ideations.
The Hospital Report included excerpts from a re-assessment conducted by Dr. Collins in August 2024, and included the following (at pages 33-34):
“Mr. Huruy maintains the belief his desire to kill nonbelievers was based on his misinterpretation of a verse in the Quran. He has gained some insight that he has an illness that made him believe the Canadian government was persecuting him and that the victim was a threat. He knows that he will have to take medication for the rest of his life and not consume cannabis. The patient expressed the desire to apologize to the family for the actions that led to the victim’s death. He understands that the family may not forgive him, but his goal is to be a better person and dedicate his life to forgive others to honour the victim. He would like to convey to the family that at the time of the incident he “didn’t know better … I was a mental case.”
“In my professional opinion, Nabil Huruy is at minimal risk for violent acting. He continues to deny embracing extremist ideology and the paranoid delusions associated with his diagnosis of schizophrenia have dissipated. His mental state is no longer framed in an extremist ideology and is no longer strident in his beliefs or self-righteous in his view of individuals who are not Muslim. He has managed to maintain his rejection of violence, in the name of Islam, since I last assessed him, at Waypoint, in December 2021. He continues to be compliant with his medication.” (Emphasis added)
- The Hospital Report stated the following about Mr. Huruy’s “Re-offence Scenario/ Composite Assessment for Risk” (at page 36):
“Absent ORB involvement, the most likely re-offence scenario is one where Mr. Huruy falls away from antipsychotic treatment. In this context, he is likely to re-experience active psychotic symptoms including persecutory delusions and religiously themed delusions, and he is likely to adopt violent attitudes. Stemming from these experiences, he is likely to engage in violent behaviours towards a member of the public. Other risk enhancing factors that are likely to exacerbate his underlying mental illness include use of psychoactive or disinhibiting substances. Further, losses of insight during an active state of psychosis are likely to interfere with being able to proactively seek mental health support.”
Although the treatment team remains of the view that Mr. Huruy continues to meet the threshold for significant threat to public safety, they are of the opinion that Mr. Huruy is likely suitable for placement in a supervised community setting. The Hospital Report noted that Mr. Huruy has demonstrated safe and appropriate use of indirectly supervised hospital grounds privileges and accompanied passes to the community. He has been adherent to medication (albeit in a supervised setting), maintained clinical stability, and has engaged with hospital-based Islamic spiritual supports that likely do not promote previously held violent attitudes. The Hospital Report was clear that the hospital requires the ability approve Mr. Huruy’s housing to ensure it has the required risk mitigating support and supervision, as well as the ability to rapidly readmit Mr. Huruy to hospital independent of the Mental Health Act. As such, a continuation of the Detention Order is necessary.
Dr. Jaiswal testified that the unanimous view of the treatment team is that Mr. Huruy will require supervised housing for his first transition to the community. Mr. Huruy will require direct supervision of medication administration, and monitoring of clinical stability to ensure no substance use or concerning behaviours. Dr. Jaiswal explained that there would be curfews and communication between the housing staff and the hospital as well. Mr. Huruy would also be required to report to the hospital frequently for assessment and engage in rehabilitation.
Dr. Jaiswal stated that since Mr. Huruy had been under his care, he had not observed any religiously-themed extremist or violent beliefs, and he found Mr. Huruy to be motivated and willing to participate in his recovery and programming. Dr. Jaiswal confirmed that Mr. Huruy’s change in his religious views occurred in 2022. He was asked whether three years was a long enough period of time to be sure that there was a real change. Dr. Jaiswal responded that there is an “element of durability” now, and he referred to Dr. Collins’ re-assessment and opinion cited above, which refers to gains in insight and a shift in Mr. Huruy’s religious beliefs.
When asked whether the team had contacted Mr. Huruy’s aunt (as had been referred to in last year’s Reasons) who was reported to have changed Mr. Huruy’s misperceptions about the Quran, Dr. Jaiswal stated that they had not done so but could do so moving forward.
When asked about Mr. Huruy’s insight, Dr. Jaiswal stated that while Mr. Huruy has some level of understanding about the effect of medication on psychosis, his insight into the source of his psychotic symptoms is not robust. Dr. Jaiswal agreed that Mr. Huruy understands that the medication keeps him stable and allows him to see his family and obtain work; however, he noted that that insight is contingent on external motivators. Dr. Jaiswal reiterated that Mr. Huruy is incapable of consenting to treatment and his mother is his SDM. While Dr. Jaiswal had not had direct discussions with Mr. Huruy’s mother, he stated that the social worker had, and they were confident that she understands that Mr. Huruy needs to take medication and not use substances. Dr. Jaiswal did not anticipate any challenges with communication with the family. Dr. Jaiswal also testified that Mr. Huruy’s family and spiritual care providers do not hold extremist views. He added that Mr. Huruy has agreed to allow the treatment team to speak to his spiritual care providers in the community.
In response to questioning, Dr. Jaiswal explained that if Mr. Huruy was granted indirectly supervised community privileges, they would be introduced on a gradual basis, with increases in both duration and frequency over time. These passes are initially used for rehabilitative activities such as therapeutic and work readiness programs. If Mr. Huruy were to do well with those passes, he could apply to the officer in charge for privileges that extend to recreational and social activities. Dr. Jaiswal also explained that there are mechanisms to monitor patients’ locations, and spot checks are also done when they are on passes.
In terms of community living, Dr. Jaiswal stated that the ORB first needs to approve this for Mr. Huruy. Mr. Huruy would then undergo an occupational therapy assessment and a list of appropriate housing settings would be developed. The team would then wait for housing applications to open. If Mr. Huruy were matched to a facility, he would be placed on a waiting list. Dr. Jaiswal stated that it is a lengthy process that could potentially take a year or longer. Dr. Jaiswal also stated that the location of the housing could take into consideration where the victim’s family live.
It was Dr. Jaiswal’s opinion that Mr. Huruy is not ready for discharge to the community at the current time. In response to questions from Mr. McCuaig, Dr. Jaiswal confirmed that Mr. Huruy still has to work his way up to Level 8 passes and demonstrate that he can use them appropriately for a period of time. Only after that would the team consider making applications for community living. Dr. Jaiswal agreed that it was unlikely that Mr. Huruy would be living in the community for at least 12 to 14 months, assuming all went smoothly.
Dr. Jaiswal testified that the recommended clause related to non-attendance at 1530 Danforth Avenue was because that was the location of the index offence. Dr. Jaiswal also agreed that the addition of a no-contact clause with members of the victim’s family was appropriate.
Dr. Jaiswal was asked by a member of the panel whether Mr. Huruy was open and honest with the treatment team. He responded that there is a strong therapeutic alliance, and he believes that Mr. Huruy would be open and honest; however, he stated that there are limits given Mr. Huruy’s external motivation. Dr. Jaiswal testified that this is an area worth testing with regimented supervision and monitoring.
Submissions:
Ms. Feldstein maintained the hospital’s position that Mr. Huruy remained a significant threat to the safety of the public, and that a continuation of the Detention Order was necessary and appropriate. She noted Mr. Huruy’s steady progress over the year and stated that privileges up to and including community living in supervised and approved accommodation were now warranted. Ms. Feldstein submitted that careful planning, monitoring, and safeguards would be put in place, and Mr. Huruy’s increased privileges would be commensurate with his clinical stability and would not pose an increased risk to public safety.
Mr. Yousuf maintained the Attorney General’s position that Mr. Huruy remained a significant threat to the safety of the public and a continuation of the Detention Order was necessary and appropriate. He deferred to the Board on the issue of indirectly supervised privileges to the community but submitted that community living was premature. Mr. Yousuf relied upon the significant index offence, and Mr. Huruy’s ambivalence regarding the presence of an underlying persistent psychotic illness warranting indefinite treatment. Mr. Yousuf’s position was that we should see how Mr. Huruy does with indirectly supervised community privileges this year before granting community living.
Mr. McCuaig adopted the submissions of the hospital and noted two important things: firstly, Mr. Huruy’s success over the last year; and secondly, Dr. Jaiswal’s evidence that granting community living in an ORB Disposition allows Mr. Huruy and the treatment team to “embark on a process” toward community living. He noted Dr. Jaiswal’s evidence that, assuming all went smoothly, Mr. Huruy’s discharge to the community is likely more than a year away. Mr. McCuaig submitted that ORB Dispositions are prospective and geared towards opening a door down the road if a person has success. In terms of insight, Mr. McCuaig noted that Mr. Huruy has been compliant with medications for over 10 years and has not complained about it. He has shown a steady improvement in his understanding of his illness, symptoms, and treatment, and wants to keep any symptoms at bay. Mr. McCuaig submitted that moving forward is a powerful motivator for Mr. Huruy.
The panel also heard submissions about a request from the victim’s family to be notified when Mr. Huruy leaves the hospital (they had not been aware that Mr. Huruy had been entering the community over the last nine months) and to have some involvement when decisions are being made about where Mr. Huruy may live.
Mr. Yousuf advised that the victim’s family members did not want their names or addresses in the Disposition but wanted to ensure that if Mr. Huruy saw them in the community, he would leave. Since the Disposition requires the hospital to notify the police when Mr. Huruy enters the community, he suggested that it would be ideal if the police could notify the victim’s family. Ms. Feldstein advised that the hospital was unable to disclose certain things due to privacy interests and would oppose any order that the hospital be required to notify the victim’s family. However, she also noted that the police are notified when Mr. Huruy leaves the hospital. Mr. McCuaig submitted that the victim was a stranger to Mr. Huruy and he has no desire to know the personal information of the victim’s family. Mr. Huruy would respect their privacy and remove himself if he recognized them. Mr. McCuaig also noted Mr. Huruy’s privacy interests and was not opposed to a no-contact provision.
The parties were advised that while the panel was able to consider a no-contact clause in the Disposition, we were not aware of processes that may be put in place to notify victims, beyond the fact that the Disposition requires that the hospital notify the local police whenever Mr. Huruy enters the community (clause 3(a)).
Analysis and Conclusion:
The panel found that the evidence contained in the Hospital Report and presented by Dr. Jaiswal clearly supported a finding that Mr. Huruy continues to represent a significant threat to the safety of the public. While Mr. Huruy has shown steady progress over the past few years, there are still some deficits in the domain of insight, and he has yet to be tested in the community in any meaningful way. The index offence was the most serious and caused the death of the victim. It was driven by violent and extremist religious beliefs. The panel accepted the re-offence scenario contained in the Hospital Report (and cited above) and concluded that absent ORB supervision, Mr. Huruy is likely to engage in violent behaviour towards a member of the public as a result of his major mental illnesses.
The panel concluded that the necessary and appropriate Disposition is a continuation of the Detention Order, with the addition of privileges up to and including community living in supervised accommodation approved by the person in charge. Mr. Huruy has had a successful year and has just about reached the ceiling of privileges allowed for in his current Disposition. The panel found the recent opinion of Dr. Collins to be persuasive with respect to Mr. Huruy’s level of risk at the current time in light of his expertise and longitudinal assessments of Mr. Huruy.
The addition of indirectly supervised privileges into the community as the next step in Mr. Huruy’s progression towards reintegration into the community makes sense. This will provide Mr. Huruy with more freedoms but will also enable the treatment team to monitor and test Mr. Huruy going forward. The panel was satisfied that the hospital will take a cautious and gradual approach with respect to the granting of these privileges to ensure that the safety of the public is protected. Mr. Huruy has stated that he will allow the treatment team to contact his spiritual advisors in the community, and this will be important to monitor as well. The panel recommends that the treatment team also reach out to Mr. Huruy’s aunt and maintain regular communication with Mr. Huruy’s mother.
The panel also decided that including a community living privilege was necessary and appropriate, and the least restrictive for Mr. Huruy at this time. The panel agreed with Mr. McCuaig’s submissions that the addition of a community living provision allows the treatment team to begin the process of preparing Mr. Huruy for community living and finding appropriate housing for him. The evidence was clear that Mr. Huruy is not ready for discharge to the community at the current time, but it was foreseeable that he could be ready to start the process in the coming year. The panel was of the view that the treatment team needs to obtain more information about Mr. Huruy, and how he does with indirectly supervised passes to the community, before embarking on this next step. However, we recognized that having community living in the Disposition allows for Mr. Huruy to progress in his reintegration into the community if appropriate. The evidence was also clear that Mr. Huruy will require supervised and approved accommodation in order to closely monitor his medication compliance, clinical stability, and abstinence from substances. The panel was satisfied that the hospital will carefully plan any discharge to the community to ensure that Mr. Huruy is placed in accommodation that effectively monitors him and protects the public. The reporting requirement when living in the community will be not less than once per week.
The panel also felt it was necessary and appropriate to add a clause prohibiting Mr. Huruy from attending the location of the index offence (1530 Danforth Avenue), as well as a general prohibition from contact or communication with the family members of the victim.
DATED this 30th day of April, 2025 at the City of Toronto, in the Toronto Region.
Ms. S. Clapp Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board