Ontario Review Board
Re: Abdikarim Samanter
ORB File No: 8602
Hearing held on: Thursday, April 10, 2025
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. S. Hucker Dr. S. Wiseman Ms. M. Chamberlain Mr. A. Mete
Parties Appearing:
Accused: Abdikarim Samanter Counsel: Mr. J. Morency
Person in charge of hospital: Representative: Dr. S. Gulati
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated May 30, 2025)
Introduction
[1]. On August 2, 2024, the accused, Abdikarim Samanter, was found not criminally responsible on account of mental disorder on charges of mischief under $5000 (x2), utter threat, and breach recognizance of bail, contrary to the Criminal Code of Canada. At the time of the finding of not criminally responsible, the Honourable Court did not make a finding and referred the matter to the Ontario Review Board.
[2]. On April 10th, 2025, the Ontario Review Board convened at the Brockville Mental Health Centre, hereinafter referred to as the hospital, to conduct Mr. Walsh’s initial hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Samanter was in attendance at his hearing and represented by his counsel Mr. Joshua Morency.
Position of the Parties
[3]. Dr. Gulati, informed the Board that the Hospital’s position was that Mr. Samanter represented a significant threat to the safety of the public and recommended that he be detained in the Hospital with the conditions as outlined in the Hospital report. Dr. Gulati noted that the Hospital did not think that Mr. Samanter would be ready for community living within the next year but that they were asking the Board to include a condition allowing community living so that the Hospital could start looking for a placement. This position was supported by Ms. Dufort, on behalf of the Attorney General. Mr. Morency stated that his client was seeking an absolute discharge.
Index Offences
[4]. The circumstances giving rise to the charges on the index offences is set out in the hospital report and summarized as follows:
“On April 29th 2024, the accused (Abdikarim SAMANTER 1982-05-20) was released by way of a Release Order (Form 11) by the Honourable Justice T.A. Brown after being found Not Criminally Responsible (NCR) for the following offences Assault Peace Officer, Assault with a Weapon, Utter Death Threats, Mischief to Property x 2, Fail to Comply with Undertaking, Breach Peace Bond. He was bound to comply with several conditions including "Follow any and all recommendations of your mental health professionals at their discretion including attending any appointments and attend the Royal Ottawa Mental Health Centre for any appointment given and follow any and all directions of Dr. Gulati or designate.
On November 29th 2024, members of the accused treatment team at the Royal Ottawa Hospital contacted the Ottawa Police to advise that the accused violated his release order by not attending his scheduled appointment on September 23rd 2024, refusing to meet with Or GULA Tl or designate on September 27th 2024 and failing to attend his ORB hearing on November 20th 2024. Multiple attempts were made by the treating team to engage with the accused, but he refused or declined them all.
On December 4th 2024, the accused was located by Ottawa Police at the Shepherds of Good Hope Shelter and arrested, read his rights to counsel, caution, secondary caution and 524 Warning.
The accused was transported to Central Cell Block where he was held for show cause after declining to speak with a lawyer.”
Background History
[5]. Mr. Samanter’s personal history is set out in detail in the hospital report (Exhibit 1). Briefly summarized, Mr. Samanter is presently 42 years of age. Records indicate Mr. Samanter was born and raised in Somalia. He likely came to Canada sometime between 2000-2005. He had reported coming to Canada on his own and landing in the Ottawa region. Mr. Samanter had previously told social workers that all of his family were deceased and he had no contact with anyone. Mr. Samanter's first language is Somali but he speaks English fluently.
[6]. Mr. Samanter is on ODSP. He reported that he got ODSP after meeting with a psychologist at an Apple Tree Walk in clinic and having them fill out the necessary forms. It is unknown when he was granted ODSP or what was listed as his disability.
[7]. Mr. Samanter reported being homeless since about 2018. There is also record of him having lived in rooming houses. Mr. Samanter had stayed at the Salvation Army Men's shelter for most of 2022. At this time shelter staff reported he was more engaged and had completed the Social Housing Registry and his taxes. In 2023 Mr. Samanter was reported to have more difficulties at the shelter with aggression. He had fights with other residents and had reportedly attempted to stab a staff member off shelter property in March 2023. He was subsequently barred from the Salvation Army. Mr. Samanter stayed at the Shepherds of Good Hope shelter for periods over the summer of 2023. They reported no incidents with him.
[8]. Mr. Samanter’s current Diagnoses consist of:
Schizophrenia
Cannabis Use Disorder (by history)
Alcohol Use Disorder (by history)
Evidence at the Hearing
[9]. The evidence at the hearing consisted of the Hospital Report dated March 28th, 2025, the Psychiatric Court Report dated February 10th, 2025 as well as the testimony of Dr. Gulati.
[10]. Mr. Samanter’s progress since arriving at Brockville is described in the Hospital Report as follows:
“After incurring three charges of Breach of Conditions and being found Unfit to Stand Trial, Mr. Samanter was subject to a 60 day Treatment Order on December 6th and transferred to Brockville Mental Health Centre’s Forensic Treatment Unit (FTU) on December 17, 2024. He remained in seclusion until January 5, 2025 due to his decompensated mental state and risk of unpredictable violence and behaviour.
Mr. Samanter has since settled with continued antipsychotic medication via intramuscular injection, with limited insight into his illness and need for medication. There have been no incidents of physical aggression or violence. He has remained compliant with medication, albeit reluctantly. He continues to have minimal interaction with co-patients and staff, however has appeared generally more polite and courteous during brief interactions. He continues to spend much of this time in the common room watching television or sitting in his room alone. There have been no concerns with respect to his sleep, appetite, or hygiene. He is sometimes seen to be talking to himself and laughing to himself, however continues to deny any experience of psychotic symptoms. He has unfortunately continued to refuse all bloodwork.”
[11]. Dr. Gulati testified on behalf of the Hospital and informed the Board that Mr. Samanter was well known to the forensic system and had been seen by many psychiatrists over the past few years. He carries a diagnosis of schizophrenia and has a history of alcohol and cannabis use. Mr. Samanter has responded well to anti-psychotic injectable medication in the past but then becomes ill when he returns to the community. Mr. Samanter does not take his medication when he is not in a hospital setting and he can become ill very quickly.
[12]. Mr. Samanter has been given less restrictive conditions after previous offences that allow him to remain in the community, however, he will not attend the Hospital for appointments or have contact with the forensic system. At times, Mr. Samanter has been completely out of contact with the ORB while under its jurisdiction. In November 2024, Mr. Samanter did not attend his hearing and the Board issued a warrant in December 2024. Mr. Samanter was arrested for breaching his conditions.
[13]. The doctor noted that Mr. Samanter has poor insight into his illness or the need for him to take medication. He refuses to acknowledge any past criminal behaviour or hospitalizations. Since being in the Hospital, he has been taking his medication, albeit reluctantly. Mr. Samanter mostly stays in his room or will watch TV in the common area. He has not assaulted anyone since being in Hospital but has become irritable at times.
[14]. Dr. Gulati stated that when Mr. Samanter returned to the Hospital after breaching his conditions in December 2024, he was aloof, mute and showed evidence of neglect in his self-care. He was placed in seclusion.
[15]. In response to questions from the Crown, Dr. Gulati agreed that Mr. Samanter had a fixation with the Les Suites Hotel in Ottawa and that he would likely return there if released from the Hospital. He also noted that each time Mr. Samanter becomes ill in the community, he becomes harder to treat upon his return to hospital.
[16]. Dr. Gulati felt that a conditional discharge would mean that Mr. Samanter would leave the Hospital right away without any planning for him in the community. He would therefore likely end up living on the street, he would not take his medication, he would become ill and would likely re-offend.
[17]. Crown counsel asked if the Mental Health Act would provide protection to Mr. Samanter and the community. The doctor stated that, in certain circumstances, Mr. Samanter would be able to give correct answers to an assessing physician who was not aware of his history and may not receive the appropriate level of care.
[18]. Regarding the community living clause, Dr. Gulati stated that the Hospital was requesting this as Mr. Samanter may become ready for community living towards the end of the review period. He stated that a functional assessment will be required prior to finding a placement in the community. Mr. Samanter will most likely require a placement with supervision for at least 8 hours each day.
[19]. Dr. Gulati stated that in the next 12 months Mr. Samanter will need to engage in therapeutic groups and use his passes in order to be move towards community living. The doctor noted that currently Mr. Samanter does not attend any groups within the Hospital.
[20]. In response to questions from Mr. Morency, Dr. Gulati agreed that Mr. Samanter does not refuse his injections, even though he is not happy about taking medication.
[21]. Mr. Samanter’s counsel suggested that if his client could find appropriate housing away from the Les Suites Hotel that the risk to the public would be mitigated. Dr. Gulati stated that his concerns about Mr. Samanter’s risk to the public was broader than his delusional beliefs about the hotel.
[22]. Mr. Morency also noted that his client was generally not very talkative and posited that Mr. Samanter’s mutism was due to his personality and not necessarily psychosis. The doctor agreed that Mr. Samanter was quiet but noted that he is even less talkative when he has decompensated. When Mr. Samanter is better, he speaks with staff and is able to engage in conversations. Dr. Gulati stated that Mr. Samanter is actually quite bright and has a good sense of humour when he is doing well.
[23]. Dr. Gulati stated that in the next reporting period the Hospital would like to have an updated CT scan or a neuropsychological assessment as well as another risk assessment completed on Mr. Samanter.
Submissions
[24]. In closing submissions, counsel for the Crown noted Mr. Samanter’s recent history of going off his medication, decompensating and becoming violent when in the community. Counsel also pointed to his recent transiency and the fact that he does not attend his hospital appointments and has been lost to the ORB. Ms. Dufort submitted that without the oversight of the ORB, Mr. Samanter would return to Les Suites Hotel in Ottawa and repeat his previous behaviour. Ms. Dufort suggested that a condition be added to Mr. Samanter’s Detention Order specifying that he is not to be within 100 meters of Les Suites Hotel in Ottawa.
[25]. Counsel for Mr. Samanter stated that the suggested additional clause was reasonable. He noted that Mr. Samanter had shown improvement in his behaviour and was taking his medication despite his reluctance. Mr. Morency suggested that the least onerous disposition would be to allow Mr. Samanter to live in the community and report to the Hospital every three weeks in order to receive his medication.
Conclusion
The Board unanimously finds that Mr. Samanter poses a significant threat to the safety of the public. In arriving at this determination, the Board considered the position of the parties and accepted the uncontroverted evidence of Dr. Gulati that Mr. Samanter poses a significant threat. The Board also relies on the Hospital Report and the risk assessment contained therein.
The Board finds that the necessary and appropriate and least onerous and least restrictive disposition is a Detention Order with the following conditions:
a. To attend within or outside of the hospital for necessary medical, dental, legal or compassionate purposes
b. Hospital and grounds privileges, accompanied by staff
c. Hospital and grounds privileges, indirectly supervised.
d. Staff accompanied community privileges within 100 kms radius of Brookville
e. Indirect community privileges, 100 kms radius of Brockville.
f. To live in the community in supervised accommodation approved by the person in charge
g. To refrain from being within 100 Kms of Les Suites Hotel in Ottawa,
h. Abstain absolutely from nonmedicinal use of alcohol or drugs or any other intoxicant
i. Submit samples of his urine and/or breath to person in charge of the Brockville Mental Health Centre-Member of the Royal Ottawa Healthcare Group or his or her designate for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant.
j. Refrain from having in his possession any firearm, ammunition or offensive weapon, or being in the company of any person possessing a firearm other than a peace officer.
A conditional discharge would not be appropriate at this time as Mr. Samanter has no plan to live in the community, he would likely become homeless and his mental health would decompensate. Mr. Samanter is becoming healthier in hospital and it is hoped that in the next year he becomes ready to live in the community with the support of the ORB oversight.
In making this Disposition, the Board carefully considered the positions of the parties, the evidence of Dr. Gulati and the contents of the Hospital Report and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of sections 672.54 and 672.5401 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Samanter’s mental condition and his reintegration into society and other needs.
DATED this 30th day of May, 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Chamberlain
Legal Member
Office of the Registrar Ontario Review Board