Re: Jordy Djabo-Moussa
ORB File No: 8296
Hearing held on: Thursday, April 24, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care (Via Zoom Video Conference)
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. R. Kunjukrishnan, Dr. G. Nexhipi, Ms. C. Murray, Ms. K. Brisson
Parties Appearing:
Accused: Jordy Djabo-Moussa
Counsel: Mr. A. Confente
The Person in Charge of Hospital:
Counsel: Ms. J. Zamprogna
Attorney General of Ontario:
Counsel: Mr. D. Rows
REASONS FOR DECISION
(Dated May 12, 2025)
Introduction
On May 5, 2023, Mr. Jordy Djabo-Moussa was found not criminally responsible on account of mental disorder on a charge of aggravated assault contrary to the Criminal Code of Canada (the "Criminal Code").
Mr. Djabo-Moussa is currently subject to a Detention Disposition of the Ontario Review Board (the "Board"), dated October 7, 2024, detaining him at the Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London ("Southwest" or the "hospital") with privileges up to and including living in the community of Elgin and Middlesex County in accommodation approved by the person in charge.
Pursuant to s. 672.56(2) of the Criminal Code, Southwest notified the Board, by letter dated March 24, 2025, that Mr. Djabo-Moussa's liberty had been restricted. On March 12, 2025, Mr. Djabo-Moussa's privilege level was reduced in hospital.
On April 24, 2025, a panel of the Board convened a virtual hearing to review the restriction of Mr. Djabo-Moussa's liberty for the period from March 12, 2025, to the date of the hearing pursuant to s. 672.81(2.1) of the Criminal Code.
Mr. Djabo-Moussa was present at the virtual hearing and represented by his lawyer, Mr. Andrew Confente, throughout.
The issue at the hearing was whether the hospital's decision to increase the restrictions on Mr. Djabo-Moussa's liberty was the least restrictive and least onerous intervention available in the circumstances both at the time of its onset on March 12, 2025, and throughout its duration until the date of this hearing.
For the reasons outlined below, the Board finds that the restriction of Mr. Djabo-Moussa's liberty from March 12, 2025, to present, was necessary and appropriate, and it represented the least onerous and least restrictive measure at the time it was imposed and throughout the period of restriction.
Positions of the Parties
- At the outset of the hearing the parties were canvassed as to their positions. Counsel for the hospital and Attorney General agreed that the initial restriction of liberty commencing March 12, 2025, was necessary and appropriate; it represented the least onerous and least restrictive measure at the time it was imposed, and it continued to be so up to the date of the hearing. Counsel for Mr. Djabo-Moussa did not contest the restrictions imposed on his client's liberties. Therefore, there was a joint recommendation.
Index Offence
- The circumstances giving rise to the Index Offence are set out in the Hospital Report in detail and are summarized as follows:
On November 13, 2020, Mr. Djabo-Moussa was in a mall. He struck the victim in the head with the blunt end of a knife or knife handle approximately five times. When the victim fell to the ground, Mr. Djabo-Moussa swung the blade seven times toward the victim. The victim sustained a deep stab wound to his right groin and cuts to his hands and legs. Mr. Djabo-Moussa acknowledged the assault and told police that his mind had been overtaken by evil spirits whom he believed were after him.
Reasons for Restriction of Liberty
- The Restriction of Liberty ("ROL") Notice Letter dated March 24, 2025, provides the rationale for the initial restriction of liberty. The relevant section of the Notice Letter is extracted as follows:
"Recently, Mr. Djabo-Moussa demonstrated decompensation regarding antisocial behaviors. He has been coping with a need to control his environment by intimidating and bullying other patients into giving him food, doing what he wants and giving him money for "favours". He attempts to intentionally upset other patients, telling people he finds it humourous to do so. He been making shooting gestures in groups, including in meditation, pretending to have a machine gun and shooting his peers. Despite having been spoken to numerous times regarding these behaviours, they continue to escalate. This has created an environment of fear on the unit, where other patients feel threatened. Intimidation strategies have extended to staff; on one occasion, he was following very close behind a staff member he was angry with and on other occasions glaring intensely at particular staff members who have implemented limits and behavioural expectations. He has been treating these instances as a game and testing limits to see what he can get away with and finding it amusing, believing there are no consequences for his actions. Mr. Djabo-Mousa does not take any accountability for behaviours or recognize why they are concerning. He has also told staff that he believes God makes him do these things and it is God's will. As a result, his privilege levels have been reduced to Level 0 (no independent privileges) from Level 5 (full passes inside the hospital and ½ hour grounds passes three times a day)."
- A ROL Report dated April 15, 2025 (Exhibit 2) provided details of the restriction.
Evidence at the Hearing
The Board had available to it as evidence the Exhibits (including the Hospital Report dated August 20, 2024, and the aforementioned ROL Report) and oral evidence from Dr. Ashley Malka.
Dr. Malka is Mr. Djabo-Moussa's attending psychiatrist and she signed the Hospital Report.
Mr. Djabo-Moussa has diagnoses of Schizoaffective Disorder Bipolar Type, Substance Use Disorder (in remission in a controlled environment), Obsessive Compulsive Disorder, and Intellectual Disability.
Prior to the restrictions of liberty, he was exercising indirectly supervised level 5 passes, which include hospital and grounds privileges up to three times per day. On March 12, 2025, Mr. Djabo-Moussa's privileges were reduced to level 0, meaning that he had no off-unit access. Dr. Malka testified that this reduction in passes is a serious restriction of his liberties.
As of the date of the hearing, Mr. Djabo-Moussa has regained level 1 passes, which allows him to attend off-unit programming and hospital passes, indirectly supervised, up to three times per day.
His antisocial behaviours were creating fear in patients and staff on his unit. He used intimidation to have his perceived needs met. Patients were giving him money for reasons that he would not disclose to his treatment team.
Prior to imposing the restrictions, Dr. Malka spoke to Mr. Djabo-Moussa several times. However, Mr. Djabo-Moussa was not able to acknowledge that his behaviours were intimidating and causing fear. He insisted that the treatment team had no power over him so he would keep engaging in these troublesome behaviours.
Dr. Malka testified that she believes these behaviours stem from coping strategies he learned while a teen and young adult to keep himself safe on the streets. The treatment team is now helping him to develop new and useful means to meet his needs.
Mr. Djabo-Moussa has a history of violence, and the treatment team believed that the behaviours were escalating to the point where there would be violence.
With the reduction in privileges, he is now recognizing that there will be consequences when he displays anti-social behaviour and high-risk ways of dealing with people.
Since the reduction in privileges, Mr. Djabo-Moussa has now started to acknowledge that his behaviours will not move him toward the treatment goals. He is now engaging in individual psychotherapy. He is recently demonstrating some insight into reasons for his restriction of liberty and has been apologetic for his behaviours.
Mr. Djabo-Moussa will be able to progress, in a step-like manner, to level 5 privileges when he is further able to develop skills to engage pro-socially with people.
The clinical risk assessment outlined in the Hospital Report remains valid as of the date of the hearing.
Mr. Djabo-Moussa has a long-standing history of unstable living conditions that has led to historical involvement with the law and to substance relapse.
The goal of the treatment team is to help Mr. Djabo-Moussa move forward to the rehabilitation unit eventually.
Mr. Djabo-Moussa is compliant with his medication regimen.
No other evidence was called.
At the conclusion of the hearing, the parties confirmed that there was a joint submission that the restriction of liberty was necessary and appropriate and represented the least onerous and least restrictive measure at the time the restriction was imposed up to present.
Analysis and Conclusion
The Board finds that a significant increase in the restriction on Mr. Djabo-Moussa's liberty has taken place, pursuant to the factors set out in the decision of the Ontario Court of Appeal in R v MLC (2010 ONCA 843), as well as Regina v Campbell (2018 ONCA 141). He was a patient at the hospital when his privilege level was reduced from Level 5 to Level 0. This was a significant departure from his liberty norm to which he had become accustomed.
The restriction of liberty arose as a result of Mr. Djabo-Moussa's purposefully intimidating behaviours. He made shooting gestures in groups and these behaviours escalated despite having been spoken to several times about it. He was receiving money from patients for undisclosed reasons. These behaviours left patients on the unit feeling threatened. Mr. Djabo-Moussa has told staff that he believes that God makes him do these things.
The Board accepts Dr. Malka's testimony that the restriction of liberty was necessary and appropriate for the safety of the public and it represented the least onerous and least restrictive measure at the time it was imposed, and it continues to be so.
The hospital is taking steps to gradually lift restrictions and grant privileges to Mr. Djabo-Moussa as his behaviours improve.
Considering all the circumstances, the Board finds that the significant restriction of Mr. Djabo-Moussa's liberty from March 12, 2025, to present was necessary and appropriate for the safety of the public. Further, it was the least onerous and least restrictive measure at the time it was imposed and continues to be so.
DATED this 12th day of May 2025, at the City of Toronto, in the Region of Toronto.
Christine Murray
Legal Member
Office of the Registrar
Ontario Review Board