Re Lahedin Peci, 2025 CanLII 45824

Re: Lahedin Peci

ORB File No: 7326

Hearing held on: Wednesday, April 16, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

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

Before:

Alternate Chairperson: Ms. C. Finley

Members: Dr. T. Verny Dr. M. Mamak Mr. D. D’Intino Mr. J. Cyr

Parties Appearing:

Accused: Lahedin Peci Counsel: Ms. C. Currie

The person in charge of hospital: Representative: Dr. M. Pearce

Attorney General of Ontario: Counsel: Ms. N. McDonald

REASONS FOR DISPOSITION

(Dated May 12, 2025)

Introduction

1On March 27, 2018, Lahedin Peci was found not criminally responsible on account of mental disorder, on one count of Aggravated Assault contrary to s. 268(2) of the Criminal Code of Canada (the Code). Mr. Peci is currently subject to an Ontario Review Board Disposition of March 13, 2024, which orders him discharged subject to conditions including, on his consent, that he will take medications pursuant to 672.55(1) and a prohibition from attending his family home unless approved by the person in charge.

2On April 16, 2025, a panel of the Ontario Review Board convened in person and an initial hearing was held at Ontario Shores Centre for Mental Health Science (Ontario Shores). The purpose of the hearing was to determine if Mr. Peci remains a significant threat to the safety of the public as defined in the Criminal Code of Canada, and if so, the necessary and appropriate Disposition.

3For the reasons set out below, the Board unanimously finds that Mr. Peci does continue to pose a significant threat to the safety of the public and that the necessary and appropriate Disposition to manage that risk while meeting his needs is continuation of the existing Conditional Discharge Disposition, with term 1(d) of his existing Disposition being deleted.

Current Psychiatric Diagnoses:

• Schizophrenia
• Obsessive Compulsive Disorder

Index Offences:

4The details of the index offences are extracted from the Hospital Report, which are as follows:

On January 9, 2018, the victim (accused’s mother) asked Mr. Peci if he needed anything to eat. He did not initially respond. After a few moments, Mr. Peci suddenly grabbed a four-inch steak knife from the kitchen area and stabbed his mother once on her left side of the chest cavity, under the breast area. Mr. Peci then left the scene and a family member (brother) called 911.

Police responded and located the victim in the living room with a single puncture wound. DAS transported her to St. Michael's Hospital.

The father and son remained on the scene with the victim, while Mr. Peci could not initially be located.

At some point later on while the officers were still on the scene at 1055 Victoria Park Avenue, Mr. Peci returned to the building and the officers were able to arrest him and place him in custody. Mr. Peci was read his rights to counsel and he was transported to 41 Division where he was held pending a show-cause hearing at Mental Health Court, Old City Hall.”

Without Prejudice Position of the Parties:

5At the commencement of the hearing, the parties were canvassed for their initial positions.

6Counsel for the Hospital took the position that the necessary and appropriate Disposition was a continuation of the existing Conditional Discharge Disposition condition 1(d) removed.

7Counsel for the Attorney General supported the Hospital’s position.

8Counsel for the accused agreed with the Hospital and Attorney General and conceded that Mr. Peci does meet the threshold for posing a significant threat to the safety of the public as articulated in the Winko¹ decision.

9The parties thus presented a Joint Submission.

Evidence at the Hearing:

10The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Mark Pearce.

11Dr. Pearce testified that Mr. Peci has had a good year, and has been doing very well at the housing placement he currently resides in. He has been, with the permission of the Hospital, going for some visits with his family and they have expressed a desire to have Mr. Peci return home to live there at some point. Mr. Peci does not like to go for overnight visits because he has too much to pack, but Dr. Pearce expressed an interest in working toward overnight visits in the coming year.

12Dr. Pearce testified that Mr. Peci very rarely experiences any psychotic symptoms and if he does, he talks about them. He is medication adherent and tolerates his medication well.

13In response to questions from counsel for the Attorney General, Dr. Pearce endorsed a suggestion that any transition back to the family home would be done in a gradual manner because they do not want Mr. Peci to lose his housing placement.

14In response to questions from Ms. Curry, Dr. Pearce confirmed that Mr. Peci’s current housing placement is in Scarborough, which is very close to where his parents live. Dr. Pearce also testified that no planning with respect to community-based supports have been examined just yet and will not be looked into until Mr. Peci’s long-term living situation is settled. The Hospital does view the fact that Mr. Peci has been discharged from Hospital, had two different housing placements and remained stable as a very positive indicator.

15In response to Panel questions, Dr. Pearce testified that Mr. Peci has tolerated his medication quite well, for over three years, and that despite some residual auditory hallucinations, he does not intend to change any of Mr. Peci’s medications at this time. Mr. Peci recognizes that those hallucinations are manifestations of his illness and can cope with them, and Dr. Pearce does not want to burden Mr. Peci with any side effects from a medication change.

16Prior to recommending an Absolute Discharge, Dr. Pearce would want to see some stability in Mr. Peci’s housing situation and then arrange for some case management and community follow to be in place.

17Dr. Pearce further testified that Mr. Peci has shown improvement in his insight into his mental illness. He recognizes that he was a psychotic disorder, that he needs medication and that without that medication, the auditory hallucinations would worsen. He does not, however, acknowledge that with or without medication, that he poses a risk for future violence. He remains medication compliant, however.

18Dr. Pearce testified that he believes at present that Mr. Peci remains optimally medicated and that Mr. Peci is cooperative with the Hospital when they recommend that he attend programming and going out to engage in activities. There will be opportunities for him to do further programming through the Forensic Outpatient Team going forward.

Analysis and Conclusions

19Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Peci remains a significant threat to the safety of the public and therefore, that a continuation of the current Conditional Discharge Disposition with the terms outlined above is both the necessary and appropriate Disposition.

20Mr. Peci committed a serious violent personal injury offence which led him to falling under the auspices of the Ontario Review Board. He suffers from a psychotic illness which is currently well controlled by his medication; however, he has a history of non-compliance with medication and it is unknown how he will react to further changes in his housing.

21While the Hospital sees it as a positive that his family would like Mr. Peci to return home, it remains to be seen how his mental status fares as the Hospital encourages longer and more frequent stays in the family home in the year to come.

22Mr. Peci’s insight into his illness and need for medication is still developing, he is currently incapable of consenting to treatment and he does not yet appreciate the risk he poses of violent reoffending with or without his medication.

23Should Mr. Peci’s psychotic symptoms worsen or reemerge, the Hospital will need to quickly intervene to prevent further mental status decompensation, which it believes it can do under a Conditional Discharge Disposition.

24If his housing were to become unstable or untenable, Mr. Peci would likely discontinue his medication and his family members would be at a risk of suffering serious physical or psychological harm.

25In consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Peci, his reintegration into society and his other needs, the necessary and appropriate Disposition is a continuation of the current Conditional Discharge Disposition with term 1(d) deleted.

Footnotes

1. 11999 CanLII 694 (SCC), [1999] 2 SCR 625