Re: Mona Hassan Aden, 2025 CanLII 47495

Ontario Review Board

Re: Mona Hassan Aden

ORB File No: 8398

Hearing held on: Thursday, April 17, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

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

Before: Alternate Chairperson: Mr. P. Capelle Members: Dr. S. Lessard Dr. R. Cormier Mr. D. Sandor Mr. A. Bernardo

Parties Appearing: Accused: Mona Hassan Aden Counsel: Ms. K. Macrae Person in charge of hospital: Representative: Dr. J. Gojer Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated May 21, 2025)

Introduction

1On September 27th, 2024, the accused, Mona Hassan Aden, was found not criminally responsible on account of mental disorder on charges of possession of weapon for dangerous purpose and mischief, all contrary to the Criminal Code (the Criminal Code). Ms. Aden is currently subject to a Disposition of the Ontario Review Board dated April 25th, 2024, which discharges her on certain terms and conditions.

2On April 17th, 2025, a panel of the Ontario Review Board (“the ORB” or “the Board”) convened a hearing at the Royal Ottawa Mental Health Centre (“ROMHC”) pursuant to s. 672.81(1) of the Criminal Code of Canada. The annual review for Ms. Aden was held in person. The hospital was represented by Dr. J. Hwang, the Attorney-General by Ms. Marie Dufort and Ms. Aden by her counsel, Ms. Kirstin Macrae.

Without Prejudice Position of the Parties:

3Dr. Hwang indicated that Ms. Aden continues to represent a significant threat and that a conditional discharge with the same conditions was recommended. Ms. Dufort advised that she anticipates being ad idem but will have questions. Ms. Macrae also advised that she anticipates supporting the hospital position.

Index Offences

4The allegations giving rise to the charges on the index offences are set out in the hospital report and reproduced below:

“On November 12, 2022, Ottawa Police Service received a 911 call for a robbery in progress at the Silver Hawk Convenience Store located at 1170 Fisher Avenue.

The complainant/victim, Mohammad YOUSUF stated that a female entered the business produced a knife and made a demand for cigarettes. She left without any items leaving behind the knife on the counter.

Officers attended and spoke with YOUSUF who stated that he is familiar with the female and that she lives nearby as she attended yesterday acting erratically and asked for cigarettes, but no weapon or violence was used at that time.

A second call to 911 was received from 613-240-7056 by a female who identified herself as Mona. The call taker understood her to say that a male was doing something about cigarettes and then the caller hung up. It was determined through RMS in house records that the number returned to Mona ADEN (88-10-05) who resided at 2205-1140 Fisher Avenue.

The description of the suspect was a black female with short black hair about 5'4" to 5'7" tall wearing a long dark gray hoody sweater with red on the front and no pants.

Officers reviewed the video at the store and confirmed it to be ADEN. A door knock was conducted at her residence at the time with negative results.

At approximately 21:17hrs officers received another 911 call where a female had pulled 2 fire alarms at 1140 Fisher Avenue. The accused was witnessed by the landlord, Danielle LAPLANTE in the lobby at the time the fire alarm was pulled. The accused then is believed to have pulled a second alarm on a higher floor.

Officers conducted a door knock at her residence and noted that she was wearing the same sweater as during the robbery. She was arrested for robbery and mischief, provided with her rights to counsel, caution, secondary caution and escorted to cellblock. Due to her volatile behaviour she was lodged without contact with counsel.

ADEN is charged with one count of S.343(d) robbery with a weapon, S.88(1) possession of weapon and two counts of S.430 Mischief to property.

ADEN is held for a show cause hearing.”

Ms. Aden is currently facing the following criminal charges under the Criminal Code of Canada:

Current Diagnoses:

5Bipolar I disorder, rule out Schizoaffective Disorder, Bipolar type.

Background:

6The Board admitted into evidence the Hospital Report dated March 31st, 2025, as Exhibit 1. That document provides a great deal of information concerning Ms. Aden’s personal history, mental health history as well as her course in hospital and in the community both prior to and subsequent to the index offences. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.

7Briefly, Ms. Aden is a 36-year-old woman who is single and financially supported by ODSP. She previously worked in several jobs, including cleaning, tutoring French, working in a bakery, and waitressing at a retirement home.

8Ms. Aden was born in Somalia and is the sixth child of 11 siblings. Her mother and three siblings moved to Canada when she was about 9 years old. She stayed in Somalia with her father until she was about 16 when she joined her family in Canada. All her siblings live in Ottawa except one who is in Djibouti. She finished high school at age 20 and thereafter began a nursing program at the University of Ottawa. She subsequently switched to an Arts program but dropped out after one semester in 2014.

9Ms. Aden says she first became ill in 2014, experiencing depression together with periods of extreme elation. She moved in and out of her family home as of 2016, often staying in homeless shelters. She was hospitalized several times due to mental health issues between 2014 and 2018. Since June 2020, she has lived alone in her own apartment in Ottawa. Ms. Aden has no criminal record. However, on April 29, 2019, she was found NCR for charges including assault with a weapon, damage to property, arson, and pulling fire alarms without cause. She was subsequently granted an Absolute Discharge by this Board in October 2020. She continued with outpatient follow up but fell away from medication compliance(Abilify) in March 2022. In November 2022, when the subject index offence occurred, her mood had become elevated, and she started drinking alcohol and using cannabis.

Evidence at the Hearing

10Dr. Hwang gave evidence on behalf of the hospital. She indicated that her patient has been sober for the past four months, in relation to both alcohol and cannabis. She has also been more engaged with groups, indicating an interest to participate in a physical activity group. The treatment team continues to attempt to connect to Ms. Aden’s family without success. There has been no contact with them since April of 2024.

11Ms. Aden was experiencing fluctuating psychotic symptoms that have mostly resolved but still reports auditory hallucinations primarily at night. There have been no acute hospital stays since 2024.

12Ms. Dufort referenced page 22 of the hospital report wherein it is noted that on April 23rd, 2024, outpatient Nurse Farah was concerned that Ms. Aden had not received her depo injection. Cannabis intoxication was noted when the patient was seen three days later, again by Nurse Farah.

13Over the past six months, Ms. Aden’s insight regarding the impact of cannabis use on her mental health has improved, although it still fluctuates. She continues to ask if she can use cannabis in the future.

14Dr. Hwang sees Ms. Aden at least monthly and continues to emphasize the negative impacts of cannabis use to her patient. To Ms. Aden’s credit, she has consistently tested negative for cannabis since December of 2024. As a result, the abstain provision in subparagraph 1(h) of her current disposition is no longer required. Dr. Hwang opined that condition 1(h) can be removed as it is not the rationale why Ms. Aden is medication compliant. Ms. Aden, although sometimes late, has never missed an intramuscular injection. She has questioned the need for those injections, but with further discussion has agreed.

15Dr. Hwang opined that Ms. Aden understands that she needs medication to stay well, and that the absence of psychotropic medications is why the index offence occurred. Dr. Hwang added that there are no direct correlations between cannabis use and Ms. Aden’s need for treatment. Ms. Aden grasps that she will require treatment if she becomes manic again. Questioned by Ms. Macrae, Dr. Hwang agreed that since Ms. Aden’s release from jail in January of 2023, there have been no subsequent manic episodes. Ms. Aden was subject to bail conditions until her first Ontario Review Board hearing on February 26th, 2024.

16Her reporting requirement is currently not less than once monthly. Dr. Hwang observed that it would be advantageous that her patient be required to be seen more frequently, specifically, not less than once every two weeks.

17Dr. Hwang was asked if the hospital would again allow Ms. Aden to travel to Djibouti as she did prior to coming under the auspices of the Board. Dr. Hwang responded that a 21-day travel pass which allows for the administration of an intramuscular injection immediately prior to and immediately upon return would be acceptable. Dr. Hwang added that there has recently been some discussion of an arranged marriage in Djibouti and that Ms. Aden has stated she would like to extend her stay in that country for an arranged marriage to take place. Dr. Hwang reiterated that she had reached out to Ms. Aden’s family on a number of occasions without success. It was noted that the family last reached out to the treatment team in April 2024 and that there has been no subsequent contact since that time. It was noted that outpatient Nurse Farah is of the same culture and speaks the same language as do Ms. Aden’s family. She has also been unable to contact her family.

18Responding to questions from Ms. Dufort, Dr. Hwang agreed that any travel itinerary should be approved at least one month in advance.

19To Dr. Hwang’s knowledge, one of Ms. Aden’s sisters would accompany her to Djibouti although this would require that she first undergo the process to become an Approved Person.

Closing Observations

20Vis-à-vis a reporting requirement, Dr. Hwang submitted that once per week would be optimal, however bi-weekly would be the minimum. Dr. Hwang noted that Ms. Aden has sessions with psychotherapist Ms. Chan every two weeks. The Doctor reiterated that this is why the minimal recommendation is a reporting requirement of bi-weekly.

21Ms. Dufort submitted that it would be appropriate to increase the reporting requirement to no less than once weekly if paragraph 1(h) is removed. This is because Ms. Aden has had a history of showing up late for appointments and stated she wants to report as little as possible. Ms. Dufort added that the reporting need not be in person. She submitted that the entirety of the evidence should be examined rather than simply relying on Ms. Aden’s presentation over the past few weeks.

22Ms. Macrae joined with Dr. Hwang in submitting that the consent to treatment clause is no longer necessary.

Analysis and Decision

(a) Significant Threat

23Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.

24In determining whether Ms. Aden continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

25The Board unanimously finds that Ms. Aden continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Hwang that Ms. Aden continues to pose a significant threat. The Board also relies on the Hospital Report and the Violence Risk Assessment contained therein in accepting that Ms. Aden presents a moderate risk of future violence wherein “the most likely scenario involving risk of violence would be Ms. Aden going off her medications or using substances like cannabis or stimulants, resulting in a resurgence of manic and psychotic symptoms. This would include thought and behaviour disorganization where she would target individuals that are in close proximity to her.”

26The Board therefore accepts that absent an ORB Disposition, Ms. Aden would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Ms. Aden will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

(b) Disposition

27Flowing from the Board’s finding that Ms. Aden continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Ms. Aden’s needs pursuant to s. 672.54 of the Criminal Code.

28The necessary and appropriate disposition for Ms. Aden provides her as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.

29To Ms. Aden’s credit, she has remained abstinent, excepting one positive result, from alcohol and cannabis for the four months preceding this hearing. In considering this patient’s needs, the Board noted Ms. Dufort’s closing submission vis-à-vis the importance of assessing Ms. Aden’s progress over the entirety of the reporting year and is particularly concerned as to why, despite numerous attempts, the treatment team has been unable to communicate with Ms. Aden’s family for over a year. Additionally, despite the absence of any psychiatric admissions, Ms. Aden continues to report nighttime auditory hallucinations. She also continues to express a desire to use cannabis in the future despite Dr. Hwang’s repeated advice to the contrary.

30This Panel is prepared to remove subparagraph 1(h) in light of Dr. Hwang’s evidence that Ms. Aden’s ongoing medication compliance is internally motivated. Again, Ms. Aden understands that she needs medication to stay well, and that the absence of psychotropic medications is why the index offence occurred. While sometimes late for her intra-muscular injection, Ms. Aden has never missed or refused an injection.

31Whereas Dr. Hwang’s stated preference is to have Ms. Aden report at a minimum frequency of once weekly, the doctor recognizes and this Panel orders, that a reporting requirement of not less than biweekly is the minimum requirement and therefore the necessary and appropriate reporting requirement to be included in Ms. Aden’s disposition for 2025/2026. This frequency specifically correlates to the importance of regular attendance at bi-weekly psychotherapy sessions.

32Finally, this Panel recognizes the importance of ensuring that Ms. Aden remains assiduous to the frequency of her intra-muscular antipsychotic injection. The prescribed formulation is currently administered every 3 weeks. Given the foregoing, this Panel orders the inclusion of the requested international travel passes, but only to a maximum of 21 days so that an injection can be administered immediately prior to and immediately following Ms. Aden’s return to Ottawa. This discretionary travel privilege will also require that Ms. Aden be accompanied by an Approved Person, with an itinerary approved by the hospital at least one month in advance.

Conclusion

33Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Ms. Aden poses to the safety of the public while still meeting her needs remains a conditional discharge with the changes addressed above.

34In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Hwang and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Ms. Aden’s mental condition, her reintegration into society and other needs.