Ontario Review Board
Re: Seyed H. Zarrabian
ORB File No: 2682
Hearing held on: Monday, April 7, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. C. Fromstein Members: Dr. L.E. Cappe Dr. C. Young Hon. C. Nelson Ms. B. Naegele
Parties Appearing: Accused: Seyed H. Zarrabian Counsel: Mr. A. Rai
The Person in charge of Hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated June 2, 2025)
Introduction
On February 11, 1998, Mr. Zarrabian was found not criminally responsible on a charge of assault, contrary to the Criminal Code of Canada. He is currently subject to a Disposition dated May 1, 2024, detaining him on the Forensic Service of the Centre for Addiction and Mental Health (CAMH or Hospital) with privileges that include to live in the community in approved accommodation and to report not less than every two weeks.
On April 7, 2025, a panel of the Board convened to conduct the annual review of Mr. Zarrabian’s Disposition. Mr. Zarrabian was represented by Mr. Rai. Mr. Zarrabian was not present. Mr. Rai indicated that he had received instructions to proceed in Mr. Zarrabian’s absence. His client had, similarly, not attended last year’s annual hearing. No parties opposed Mr. Zarrabian being absent from the hearing. An order exempting Mr. Zarrabian from attending the hearing was granted.
The purpose of the hearing was to determine if Mr. Zarrabian represents a significant threat to the safety of the public, and if so, what is the necessary and appropriate disposition.
At the outset of the hearing, the parties were canvassed as to their initial positions. Dr. Darby, on behalf of the hospital, indicated that the hospital position, as set out in the Hospital Report is that Mr. Zarrabian continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of his current disposition. Mr. Feindel, on behalf of the Crown, joined that position as did Mr. Rai, on behalf of Mr. Zarrabian.
Index Offence
- The details of the index offence are set out in last year's Reasons for Disposition as follows:
“….on February 5, 1997, at approximately 1030 hours, Mr. Zarrabian was at the drop-in centre in downtown Guelph. Staff noted that his behaviour was somewhat “hyper” and agitated. Another male patron, the victim, got up from his table to put a cup in the sink. As he passed the accused, the accused turned and quickly became violent, kicking and flailing his arms at the victim. The accused grabbed the victim by the throat, but the victim was able to restrain the accused by holding him against the wall. Staff intervened and the accused was asked to leave.
Mr. Zarrabian reported that he assaulted the victim in “self-defence”. Mr. Zarrabian reported that the victim “grabbed me by the shirt, threw me on the ground and kicked me”. He denied that he had either provoked or been provoked by the victim prior to the incident. He indicated that he knew the victim but stated that the victim had never bothered him previously. He denied that he had ever hit anyone at the drop-in centre or that he had previously created any problems there. However, notes in the file indicated that while attending the drop-in centre Mr. Zarrabian was involved in several incidents during which he kicked, struck, or threw a chair at an individual.
According to Dr. Hector’s consultation of March 20, 1998, Sister Christine provided many examples of Mr. Zarrabian’s problematic behaviour. In particular, his behaviour towards children often alarmed staff to the extent that they would provide him money to go to a nearby donut shops so as to prevent his presence at the clinic. At the clinic, Mr. Zarrabian’s behaviour terrorized mothers and their children. Apparently, no one had ever informed the clinic of Mr. Zarrabian’s clinical diagnosis, which made it difficult for staff to understand Mr. Zarrabian’s aggressive embracing of children whom he identified as his own children, and his attempts to remove such children from their mothers."
Evidence at Hearing
The evidence at the hearing was comprised of the Hospital Report dated March 27, 2025, as well as the testimony of Dr. Darby, Mr. Zarrabian’s psychiatric.
Mr. Zarrabian’s background is set out in detail in the Hospital Report so need not be repeated. Briefly summarized, he is presently 65 years of age. He has been subject to an Ontario Review Board disposition since 1998. Mr. Zarrabian was born in Iran. He was married and had a daughter but has had no contact with either since 1992. Mr. Zarrabian is not capable with respect to treatment decisions. He remains in contact with his brother, who acts as his substitute decision maker (SDM).
His schizophrenia is considered to be treatment refractory. Mr. Zarrabian did not respond to trials of clozapine or to ECT trials.
Mr. Zarrabian resides at St. Anne’s, a high support residence for seniors where he receives support that includes medication supervision. He has in the past required readmissions to hospital due to decompensation even while remaining compliant with medications.
Mr. Zarrabian’s diagnoses include:
Schizophrenia
Rule Out Unspecified Neurocognitive Disorder
Persistent Delirium due to Multiple Etiologies
In the past treatment year Mr. Zarrabian has required no readmissions to hospital. There was a minor incident in the course of the year where he set off a fire alarm and entered the room of a female resident.
He continues to have poor insight with respect to his mental illness and medication needs. His brother, who resides in England, continues to be his substitute decision maker. Mr. Zarrabian continues to have long-standing delusions of a grandiose nature and with respect to being a surgeon. He is treated on long-acting injectable medications plus oral medications administered by EFOPS plus oral medication administered by the housing staff.
With respect to risk, he has a past history that includes the physical abuse of his wife as well as aggressively embracing children whom he believes are his own. It is reported that he is doing well in his high support housing.
His summary of risk as set out in the Hospital Report is:
“Mr. Zarrabian has a longstanding history of treatment refractory schizophrenia with associated aggression and high risk behaviour flowing from his persistently active delusional thoughts. With his lack of insight into his mental illness or need for treatment, his ongoing delusions, ease of delirium, and behavioural disinhibition, he is at high risk of further decompensation and more acute risk to others. Absent external controls, medication, supervision, and support, Mr. Zarrabian will more likely than not engage in aggressive behaviour. Based on the above, he continues to represent a significant threat to the safety of the public.”
- It is the position of the hospital that Mr. Zarrabian requires a detention order due to the risk of rapid decompensation to allow for his expeditious readmission to hospital. Dr. Darby testified that Mr. Zarrabian continues to have deeply held paranoid and grandiose delusions including that he is a scientist and a doctor. He spends much of his time treating patients by telepathy. He becomes irritated when challenged regarding his beliefs. The housing staff is always on guard against any intrusive behaviour by him with others in the home as there have been conflict in the past which led to admissions in prior years. His ongoing delusions continue be a cause of concern that they could put his housing into jeopardy. This is one reason why he requires a detention order to ensure the ability for rapid readmission if there are concerns with his housing or his behaviour. His housing does remain stable but is always at risk if his behaviours were to accelerate by his entering into the apartments of others or behaviours in the lounge. Given that his illness is very treatment resistant and his aggressive behaviours and intrusiveness, he is likely to continue to need this high level of supervision on an ongoing basis. The housing staff work well with him.
Submissions
All parties maintained their initial positions. Dr. Darby stressed how intense Mr. Zarrabian’s delusions are; that these can lead to his inflicting physical or psychological harm when he is challenged. Dr. Darby stated there is no doubt that Mr. Zarrabian continues to represent a significant threat to the safety of the public.
Mr. Feindel adopted the hospital submissions.
Mr. Rai noted the positives in the past year that his client has required no readmissions; that there has been no physical aggression or violence; that he remains medication compliant and does not engage in substance use.
Analysis and Conclusion
The Board finds on the evidence before us and a consideration of the joint submissions of the parties as well, that Mr. Zarrabian continues to represent a significant threat to the safety of the public. We find also that the necessary and appropriate disposition is continuation of his current detention order.
Mr. Zarrabian continues to represent a threat of harm to others based on his delusional beliefs that are the result of treatment refractory schizophrenia. He is doing well in his high support housing. There have been past issues where he has entered into the rooms of other patients. Dr. Darby expressed the concern that Mr. Zarrabian’s housing remains at risk in the future should these behaviours continue or include intrusiveness or aggression to other residents. This is a key reason why a detention order is necessary is so that were Mr. Zarrabian to jeopardize lose his housing he could be readily admitted to hospital. He has had to two readmissions in the past years but none in the most recent year. It is also necessary to have the ability to readmit him to address any exacerbation in his behaviours.
His current housing is appropriate. Mr. Zarrabian enjoys residing there and the housing staff work well with him.
For these reasons and in consideration of the prime factor of protection of the public, Mr. Zarrabian’s mental condition, his reintegration into society and his other needs, the Board finds there shall be no change to his current disposition.
DATED this 2nd day of June, 2025, at the City of Toronto, in the Toronto Region.
Ms. C. Fromstein Alternate Chairperson
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Office of the Registrar Ontario Review Board