Omar (Re), 2025 CanLII 42622

Ontario Review Board

Re: Omar Omar

ORB File No: 6802

Hearing held on: Friday, April 4, 2025

Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene

Pursuant to: Section 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. K. Hand Dr. G. Kerry Ms. M. Chamberlain Mr. J. Cyr

Parties Appearing: Accused: Omar Omar Counsel: Mr. D. Northcott Amicus Curiae: Mr. A. Stastny (via Zoom) The person in charge of hospital: Representative: Ms. M. Kraftscik Attorney General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated May 8, 2025)

Introduction

1. Omar Omar, age 40, was on July 15, 2015, found not criminally responsible on account of mental disorder on charges of assault, uttering threats to cause death or bodily harm, fail to comply with probation order and breach of recognizance, all contrary to the Criminal Code.

2. On April 4, 2025, Mr. Omar appeared before the Ontario Review Board (the “Board”) for his annual hearing from the Waypoint Centre for Mental Health Care (the “hospital”). In addition to Mr. Northcott, who appeared for Mr. Omar, Mr. A. Stastny appeared as Amicus, however, his involvement was not relied upon.

3. The Board had before it:

• Exhibit 1 - A Hospital Report dated December 18, 2025
• Exhibit 2 - updated Report dated February 24, 2025
• Exhibit 3 - Rule 13 letter to Royal Ottawa dated March 14m 2025. No reply was received.

4. In preliminary positions all parties were agreed that significant risk to the safety of the public was present. The hospital, recognizing the progress Mr. Omar has made more recently, could not at present support a transfer. Crown counsel agreed. Mr. Northcott had written a Rule 13 letter to the Royal Ottawa, but no reply had been received.

Index Offences

5. The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:

“The index offences occurred on June 13, 2015. The details of those offences as summarized by the police and then through Mr. Omar’s own self-report, are set out at great length in the hospital report. Briefly, at the time of the index offences, Mr. Omar was hospitalized on a form 1 for psychiatric assessment. He wanted to leave and was upset when told he could not. After being told he could not leave, among other things, he assaulted a patient and threatened the doctor.

While the hospital report does not say so explicitly, it can be inferred from Mr. Omar’s criminal record that the remaining two index offences of failure to comply with probation order and failure to comply with a condition of a recognizance arose because the assault and threatening on June 13, 2015 breached terms of the probation order he was subject to as a result of convictions in March and April 2015. Those convictions included assaults and fail to comply with recognizance, among others.”

Diagnosis

6. • Schizoaffective Disorder

• Cannabis Use Disorder, moderate
• Alcohol Use Disorder, moderate
• Intellectual Developmental Disorder (intellectual disability), mild

Evidence at Hearing

7. Dr. A. Mishra, the patient’s psychiatrist, testified. Dr. Mishra was of the view that significant risk was well made out as summarized at pages 110 to 112 of the Hospital Report.

8. Mr. Omar’s insight is imperfect. He does not believe he has a mental disorder. Mr. Omar attributes his condition to substance abuse. He does not believe he requires treatment or that he has a mental disorder. He agrees that medication is helpful but only to the extent of assisting with sleep. He does not agree that he requires an antipsychotic medication. Issues of anger and frustration, according to him, stem from prior substance abuse. He believes he was framed for the sexual assault in his past.

9. He is incapable of making treatment decisions. The substitute decision maker is the Public Guardian and Trustee. He is on injectable Haloperidol. He sometimes responds to external stimuli.

10. There was one instance in July in which he did identify as anxious and worried. That was good recognition by him.

11. Mr. Omar is now compliant with his medication.

12. In November Mr. Omar was transferred to the Beausoleil wing which provides for more privileges than other units.

13. In the last few months, there has been no aggression.

14. Activities are limited to an hour or two of computer activity twice a week. Generally, Mr. Omar’s time is unstructured. Mr. Omar is not interested in vocational training or therapy.

15. Dr. Mishra has had discussions with the patient about a possible transfer to a less secure hospital. Dr. Mishra’s position is that he requires a longer period of stability and real engagement while at Waypoint. Mr. Omar professes to not having an interest in substances or alcohol now. He has acknowledged that Waypoint rules regarding substances and alcohol have benefited him. A less secure hospital would provide freer access to substances. There would also be concerns regarding Mr. Omar having less supports at a less secure hospital. The supervision and structure at Waypoint assist Mr. Omar with abstinence.

16. Mr. Omar could benefit from a mood stabilizer, but he will not take one. Mr. Omar did well on clozapine in past but will not agree to taking it now. The current antipsychotic is adequate but is not as effective as clozapine.

17. Because of Mr. Omar’s mood swings, his privileges go up and down.

18. Mr. Omar was calm and polite at the hearing.

Analysis & Conclusion

19. Mr. Omar should be commended for his recent progress. Dr. Mishra opined that if stability was maintained, the doctor would be open to considering a transfer next year. But for now, what is required to warrant a transfer is some additional stable time. More work need occur on insight including into substances. Variables in mood impede progress. Mr. Omar’s privilege level bounces around. To deal with the mood fluctuations, a mood stabilizer would be desirable. Mr. Omar ought to become engaged with the therapeutic programs to address his views on substances. Transferring to a less secure hospital where access to substances is available would not be desirable at this time. Engagement in vocational activities could also demonstrate readiness for a transfer. The Board also notes that no reply has been received from Royal Ottawa. No change to the current disposition was suggested or warranted.

20. Mr. Omar is on a good path. Continued stability to progress in the above- described areas will assist the Board when the patient is next reviewed.

DATED this 8th day of May 2025, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal Alternate Chairperson

Office of the Registrar Ontario Review Board