Ontario Review Board
Re: David Aliko
ORB File No: 7815/8681
Hearing held on: Tuesday, March 18, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Sections 672.47(1), 672.81(1) and 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal Members: Dr. L.E. Cappe Dr. G. Nexhipi Mr. D. D’Intino Mr. J. Cyr
Parties Appearing:
Accused: David Aliko Counsel: Ms. M. Perez
The person in charge of hospital: Counsel: Ms. S. Rosales-Zelaya
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DECISION AND DISPOSITION
(Dated April 29, 2025)
Introduction
David E. Aliko, age 28, was found not criminally responsible on account of mental disorder on December 8, 2020, on charges of utter threat, fail to comply with undertaking, assault, dangerous operation of a motor vehicle, assault police officer, mischief under $5000, contrary to the Criminal Code of Canada. On December 6, 2024, Mr. Aliko was found not guilty by reason of mental disorder on charges of criminal harassment (x2), mischief under $5000, utter threats and mischief over $5000 (x2), contrary to the Criminal Code of Canada.
On March 18, 2025, Mr. Aliko appeared before the Ontario Review Board (the “Board”) from the Centre for Addiction and Mental Health (“CAMH”) for an annual hearing, his initial hearing relating to the December 6, 2024, charges. He also appeared before the Board on a Restriction of Liberty hearing following the issuance of a Form 49 to have him brought into hospital due to concerns about mental decompensation. Upon admission, Mr. Aliko presented with aggressive and threatening behaviour necessitating chemical and behavioural constraints.
The parties agreed that Mr. Aliko's hearing should address all issues. Mr. Aliko's current Disposition is that of a Detention Order with privileges up to and including community living in approved accommodation. The current Disposition provided for monthly reporting. The hospital is now recommending maintenance of the Disposition, but with the addition of reporting once a week. Crown counsel was in support. Mr. Aliko’s counsel took no position on the Restriction of Liberty and agreed with the hospital’s recommendations.
The Board had before it, as Exhibit 1, a Hospital Report dated March 7, 2025, that addressed all matters including the restriction of liberty. The Board had been notified of the restriction by letter dated January 15, 2025 (Exhibit 2). By the conclusion of the hearing, the Board agreed with the joint position regarding the Disposition. The Board also found that the Restriction of Liberty was justified and appropriate.
Mr. Aliko is diagnosed with Bipolar Disorder, Type 1, in remission, and Cannabis Use Disorder, in remission.
Mr. Aliko is a single male without dependents who was residing at his family's residence in Etobicoke with his parents and sister. He has been self-employed selling vehicles. He is capable of consenting to treatment. He was born in Toronto.
The Hospital Report indicates manic episodes in 2015 and 2020, followed by depressive periods. He was psychiatrically hospitalized on eight occasions between 2015 and 2020. Cannabis use had increased over the years.
The bundle of offences in 2020 involved an assault on his then female partner. While driving, the couple got into an argument. He pulled her hair and struck her head on the passenger side window. He repeatedly contacted the complainant through social media and by phone and attended at her workplace. He refused to stop, and was arrested for assault and criminal harassment, and released on an undertaking in February of 2020. Around that time, he also smashed the windows of vehicles using a metal bar at his employer’s premises. He had resigned from the employer shortly before. In February of 2020, he attended at the residence of Mr. P. Redic on multiple occasions behaving erratically. He broke a bedroom window, revved his car engine outside, damaged a vehicle’s side window, threw white candles over vehicles and damaged a taillight. He posted social media to contact Mr. Redic who he had known in school but had not seen in over five years. After police left the Redic household, Mr. Aliko drove his car into a car belonging to Mr. Redic's neighbour and got into a dispute with that neighbour. That accounted for the charges of utter threat to cause death or bodily harm and fail to comply with an undertaking. He also threatened his former girlfriend with death and rape. Mr. Aliko attended her employment and broke the door. When arrested on March 17, 2020, he spat on the officers. In the lead up to the 2020 incidents, Mr. Aliko was manic and was not sleeping well.
From April 2021 to April 2023, Mr. Aliko was under the Ontario Review Board. He resided at his parents’ home. There were no further episodes or substance abuse during that period. In August 2022, the Court of Appeal suspended an Absolute Discharge and later restored Mr. Aliko on a Conditional Discharge. Pending the Court of Appeal’s decision, manic episodes began to emerge in May, running to September 2023. The Court of Appeal’s reasons were released in December. In March 2024, the ORB issued a new Disposition consisting of a Detention Order.
In May of 2023, Mr. Aliko attended 27 Helensfield Crescent claiming to be pizza delivery. He damaged the house and the vehicle causing $35,000 of damage. He also attended the residence of his former girlfriend and dumped detergent on the steps. He then sent her a series of texts threatening death and rape. On June 19, 2023, Mr. Aliko turned himself into police. It appears that following receipt of the Absolute Discharge in April 2023, Mr. Aliko began using cannabis and hashish on a regular basis and manic symptoms returned.
Mr. Aliko spent much of the latter half 2024 at CAMH. Paranoid and persecutory beliefs were in full bloom. In late July 2024, he failed to attend CAMH for an appointment and went to London, Ontario where he was apprehended with the assistance of police.
On December 18, 2024, he was discharged to his family home. His behaviour was worrisome, and he was brought to CAMH on January 7, 2025. His recovery has been gradual.
His risk of violence is considered moderate -high depending on adherence to treatment and presentation of future manic issues. In the context of a Conditional Discharge, the future risk is high.
Evidence at Hearing
Dr. P. Benassi, the patient’s psychiatrist, testified. Dr. Benassi had just received an update on a pharmacological review for Mr. Aliko but has not yet had a chance to review it.
Dr. Benassi noted that when the mania emerges, it comes on quite quickly. Insight is present when the patient is well but poor when mania emerges. The most recent admission was rocky at the outset, necessitating restraints. There has been some very recent progress. Last week, Mr. Aliko’s privileges were expanded to include escorted hospital grounds privileges.
Mr. Aliko now recognizes that returning to the family home may not be ideal. This is viewed as a sign of increased insight. The hospital has begun the process for community placement. Work needs to be done to optimize medications and to have Mr. Aliko climb the privilege ladder. The hospital will look at possibly adding Epival to the medication envelope. The hospital is recommending that reporting be changed to once a week which was the case in the past. Dr. Benassi emphasized that Mr. Aliko's challenges are not the result of deliberate choices and do not result from non-adherence to medication or treatment. Similarly, Mr. Aliko has not been using substances.
In Dr. Benassi’s view, community living is possible within the next 12 months, dependent on recovery. For the meantime, Mr. Aliko has ceased contact with his family.
The Hospital Report contains an error at page 31 where it seems to suggest invoking conditions of his Conditional Discharge in his next Disposition. It should have referred to conditions of his Detention Order.
Discussion
Mr. Aliko’s mental health status has been challenging. Despite his best efforts, manic episodes continue to occur. When unwell, he has little insight and displays violence, physical and psychological. Mr. Aliko's last readmission was necessary and justified. At that time, Mr. Aliko was extremely unwell. In recent days, there has been some abatement of symptoms, although unfortunately he has not recovered to a stable emotional baseline.
In fairness to Mr. Aliko, the manic episodes occur despite adherence to medication and treatment and the avoidance of substances. The hospital will be seeking to optimize his medication. For the meantime, Mr. Aliko clearly represents a risk of violence to the public. It is hoped that community living can be addressed in the upcoming year.
The current Disposition is the least restrictive and least onerous Disposition; however, the panel agrees that reporting need be changed to once weekly.
We wish Mr. Aliko well.
DATED this 29th 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