Ontario Review Board
Re: Beruk Yared Mekbib
ORB File No: 8700
Hearing held on: Tuesday, April 1, 2025
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.47(1) of the Criminal Code
Before: Alternate Chairperson: Ms. C. Finley Members: Dr. S. Lessard Dr. S. Wiseman Mr. D. Sandor Ms. N. Lemieux-McKinnon
Parties Appearing: Accused: Beruk Yared Mekbib Counsel: Mr. W. Murray Person in charge of the hospital: Representative Dr. A. Alabi Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 30, 2025)
Introduction
[1]. On January 3, 2025, Beruk Mekbib was found not criminally responsible on account of mental disorder on a charge of sexual assault contrary to the Criminal Code of Canada. The Court declined to make a disposition and remitted the matter for a hearing before the Ontario Review Board (ORB/the Board). After failing to appear for court, Mr. Mekbib was incarcerated until his release, dated February 5, 2025. His recognizance includes five conditions namely to reside with his sureties, remain at the residence at all times with some exceptions, not to communicate directly or indirectly with victim or be within 200 meters of where victim lives, work, goes to school, not to possess any weapon, and to attend all appointments at The Royal Ottawa Hospital (ROH/the hospital) for preparation of a risk assessment.
[2]. On April 1, 2025, the Board convened to conduct the initial hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Mekbib was present and represented by his counsel, Mr. Murray. Mr. Mekbib’s parents and sister also were in attendance.
[3]. At the outset of the proceedings, the parties were canvassed as to their initial positions on the issues to be determined by the Board: whether Mr. Mekbib continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out in s.672.54 of the Criminal Code.
[4]. Dr. Alabi, on behalf of the hospital, submitted that Mr. Mekbib continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is an order detaining Mr. Mekbib at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre with discretionary privileges up to and including the ability to reside in the community in accommodation approved by the hospital.
[5]. Ms. Dufort, on behalf of the Ministry of the Attorney-General, and Mr. Murray agreed with the hospital’s positions. Ms. Dufort indicated that, depending on the evidence, she may ask the Board to consider supervised accommodation and that Mr. Mekbib be subject to a condition that he abstain from consuming alcohol or drugs or any other intoxicants and be prohibited from possessing any firearms or weapons. Mr. Murray agreed to an abstention condition. Further, he specifically conceded the issue that Mr. Mekbib represents a significant threat to the safety of the public.
Findings
[6]. For the reasons that follow, the Board