Ontario Review Board
Re: Mohannad Abdelrazeq
ORB File No: 6694
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 Ms. C. Young Hon. C. Nelson Ms. B. Naegele
Parties Appearing:
Accused: Mohannad Abdelrazeq Counsel: Mr. G.P. Jones
The Person in charge of Hospital: Counsel: Mr. J. McIntyre
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated June 2, 2025)
Introduction
On January 27, 2015, Mohannad Abdelrazeq was found not criminally responsible on account of mental disorder (NCR) on two charges of sexual assault, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB), dated May 1, 2024, discharging him subject to conditions.
On April 7, 2025, the Board convened to conduct the annual review of Mr. Abdelrazeq’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Abdelrazeq was present, represented by his counsel, Mr. Jones.
Initial Positions
At the outset of the proceedings, the parties were canvassed as to their respective positions on the two issues to be examined by the Board: whether Mr. Abdelrazeq continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out in s.672.54 of the Criminal Code.
Mr. McIntyre, counsel for the Centre for Addiction and Mental Health (CAMH/the hospital), submitted that Mr. Abdelrazeq continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current conditional discharge with no changes. Mr. Feindel, on behalf of the Ministry of the Attorney General, and Mr. Jones, on behalf of Mr. Abdelrazeq, agreed with the hospital’s position. Mr. Jones agreed that Mr. Abdelrazeq continues to represent a significant threat to the safety of the public. As a result, a joint submission was put before the Board.
For the reasons that follow, the Board finds that Mr. Abdelrazeq continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current conditional discharge.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated March 27, 2025 (ex.1) and the viva voce evidence of Dr. Meng, Mr. Abdelrazeq’s treating psychiatrist since 2019.
Index Offences
The circumstances giving rise to the index offences are taken from the Hospital Report. Briefly, both incidents occurred on September 6, 2013 on the property of Sheridan College Hazel McCallion Campus, located in the City of Mississauga. The accused and the victims were not known to each other. During the afternoon hours, the accused was in the computer lab in order to access Facebook. KP, a third-year student, was working there as a co-op student. She was assisting another student with an issue when the accused, who was seated nearby, reached out with the middle finger of his hand and touched the victim's vagina over her clothes. The victim immediately removed herself from the area.
Later the same day, the second victim, a professor at the College, was walking through the campus hallway when the accused stepped in front of her blocking her path. He grabbed the victim in her private area. The victim pushed the accused's hand away, immediately left the scene and contacted security.
When the accused was arrested, he advised police that he liked to touch women he did not know in an attempt to arouse them and that he had been involved in similar incidents.
Background Information
The Hospital Report contains detailed information about Mr. Abdelrazeq’s background and psychiatric history and need not be reviewed here beyond the following highlights. Mr. Abdelrazeq was born in Libya, and immigrated with his family to Canada when he was in his late teens. He attended the University of Windsor between 2006 and 2009 but was unable to complete a degree because of his mental health difficulties. He moved to Mississauga to reside with his family and enrolled in a program at Sheridan College. He reportedly was a good student and completed a number of post-secondary school diplomas.
The Hospital Report describes Mr. Abdelrazeq’s mental health difficulties over the four years leading up to the time of the index offences. He was diagnosed with Bipolar disorder in 2007 and was admitted to a number of different hospitals under the Mental Health Act. He has a history of noncompliance with medication and often has exhibited sexual and religious preoccupation. In 2009, he was found incapable of consenting to treatment so his mother became his Substitute Decision Maker.
Following his NCR finding, Mr. Abdelrazeq was referred to the Sexual Behaviours Clinic at CAMH for an assessment of whether he suffers from a paraphilic disorder. He attended weekly Sexual Behaviours group meetings through the clinic.
Mr. Abdelrazeq continued to reside at the family home in Brampton. His mother supervised his medication, which was prescribed by his community psychiatrist, Dr. Legault. In the fall of 2018, due to what he reported were religious conflicts in maintaining citizenship in multiple countries, Mr. Abdelrazeq chose to allow all of his Canadian and Ontario identifications to expire, including his Ontario Health Insurance Plan (OHIP) card. Because he no longer had health insurance, Dr. Legault discharged him from her care.
Mr. Abdelrazeq’s insight into his mental illness and the need for medication has been a key area of deficit. His rationale for not requiring ongoing medication treatment remained strongly informed by his overvalued religious and grandiose beliefs, and his residual cognitive rigidity and disorganization. But for the ORB disposition and his mother’s substitute decision-making power, he would not continue taking his medication. Further, he refused to consider looking for a psychiatrist in the community.
In May 2022, Mr. Abdelrazeq’s compliance with his medication deteriorated. He presented as notably more grandiose, religiously and sexually preoccupied, and disorganized, relative to his baseline. Long-acting injectable medication was discussed with him. Unfortunately, before that could be initiated, Mr. Abdelrazeq assaulted his father and his brother. Police were called. He assaulted the arresting officer, necessitating the use of a taser to effect the arrest.
Following his arrest, Mr. Abdelrazeq was admitted to CAMH. He was noted to be disorganized, agitated, and sexually disinhibited. He was irritable, hostile, and confrontational with hospital staff. Locked seclusion was required and he remained in seclusion for nearly three weeks. The Hospital Report describes that, on multiple occasions, he asked whether nurses wanted to fight him. He regularly refused oral antipsychotic (risperidone) and mood stabilizer (valproic acid) medications and would spit out PRN medication.
By August 2022, Mr. Abdelrazeq’s mental status returned to baseline and he was discharged back to reside with his family.
Course Since the Last Disposition
Mr. Abdelrazeq’s current diagnoses are Bipolar Disorder, Type 1 and Narcissistic Personality Traits. He continues to be incapable of consenting to treatment and his mother still acts as his Substitute Decision Maker.
Dr. Meng stated, as an update to the Hospital Report, that Mr. Abdelrazeq underwent a recent medication assessment to address his long-held dissatisfaction with medication. Unfortunately, the results were not ready in time for the hearing but the team will follow-up.
Mr. Abdelrazeq continued to express dissatisfaction with his Invega Sustenna injection, indicating that he wanted to transition to low dose oral medication. He remains dismissive of feedback about the reduced stability of oral medication. Most conversations with him about this issue became circular in nature. The positive aspect is that he agreed to the medication review. Also, he continues to be compliant with treatment, but he suffers from residual symptoms and has poor insight into his medication regimen.
He has had difficulty maintaining any employment. He has little appreciation of how his residual symptoms may impact on his presentation for job interviews.
After declining ODSP, his application was finally approved, but he rejected the program. The latest update is that he has been approved for ODSP and has funds for medication. Prior to this his medication had been supplied by the hospital on a compassionate basis. Dr. Meng feels that this will be a good support for him. He struggles with maintaining ODSP for what he states are religious reasons.
Mr. Abdelrazeq attributes his past violent and aggressive behaviour (when unmedicated) to his not making the decision to behave properly. He is confident that he will not experience problems if he promises to behave. He wishes to be absolutely discharged and states that he will leave the country for three years and will be fine despite not taking medication.
Mr. Abdelrazeq has made some gains this year. He is reported to be sufficiently stable with his treatment regimen. He has managed his monthly reporting. He has demonstrated more social reciprocity and improved engagement with his treatment team. He has proactively attended the FOPS soccer group when reporting monthly. He has also expressed an interest in Progress Place for employment opportunities. He has reported that he has studied French, attended a virtual Toast Master’s group and has used his building’s swimming pool.
Dr. Meng testified that an absolute discharge could be on the horizon if Mr. Abdelrazeq can overcome his resistance to medication and agree to see a community psychiatrist.
Dr. Meng also testified that, in the context of an absolute discharge at this time, Mr. Abdelrazeq’s risk of future violence would be high. His risk, however, can be well-managed under a conditional discharge.
In answering questions, Dr. Meng testified that Mr. Abdelrazeq’s parents are supportive. They act as his substitute decision makers. They feel that his past actions in refusing assistance from government programs is unreasonable. His father has expressed that if he refuses treatment he would no longer be able to live at home.
When asked by Mr. Jones about Mr. Abdelrazeq’s plan to take a three-year holiday, Dr. Meng said she had concerns that he would not be compliant with treatment as he has very little impulse control. Mr. Abdelrazeq has also endorsed a belief that his medications can cause impotence. As well, in 2022 when he assaulted his father, brother and a police officer, he had started to deteriorate even while on medication. He suffered rapid decompensation. Dr. Meng said that he then stabilized quite quickly (in a matter of months).
Dr. Meng pointed out that Mr. Abdelrazeq’s protective factors are support of family; and care from CAMH, including medication monitoring.
Mr. Abdelrazeq would greatly benefit from employment and seeing a psychiatrist in the community. The problem, however, continues to be the fact that Mr. Abdelrazeq wants to stop taking his medications. As well, he exhibits traits of a narcissistic personality. He has issues with self-confidence.
The Hospital Report sets out Mr. Abdelrazeq’s Re-Offence Scenario as follows:
“Absent adequate supervision and mandated reporting / follow up with a psychiatric care team, Mr. Abdelrazeq is likely to fall away from care and discontinue medication due to his fair/poor insight and stated intentions to do so. He would then likely suffer a precipitous decompensation of his mental state with relapse of psychotic and manic symptoms including disorganization of thoughts and behaviour, hypersexuality, grandiose delusions, grossly impaired judgment, and behavioural / sexual disinhibition. In that state, Mr. Abdelrazeq would be likely to sexually reoffend against a female member of the community as he did at the time of the index offences, and he would also be more likely to behave aggressively or violently towards a family member, police officer, other person in authority, or a member of the public as has reportedly occurred previously.”
- No further evidence was called.
Final Submissions
- The parties maintained their initial positions. The matter, therefore, proceeded as a joint submission. The hospital submitted that there is presently no reality to an absolute discharge. If so ordered, the aggressive behaviour that occurred in 2022 would likely repeat itself. The Crown supported the hospital and stated that if Mr. Abdelrazeq remained on ODSP and applied for and received his Provincial Health Card, he hoped that he would be able to work towards an absolute discharge. Mr. Jones made no formal final submission.
Conclusion
The Board has considered the evidence and agrees with the joint submission that Mr. Abdelrazeq remains a significant threat to the safety of the public. Mr. Abdelrazeq has a history of noncompliance with treatment and his insight into the need to optimally be treated with medication is very poor. If untreated, Mr. Abdelrazeq would likely decompensate and experience symptoms and aggressive behaviour. This has been demonstrated by both the index offences and his behaviour in 2022 when he assaulted family members and a police officer, was tasered and had to be placed in seclusion.
The Board finds that a conditional discharge on the same terms as last year’s Disposition is necessary and appropriate and the least onerous and least restrictive Disposition available. Absent a conditional discharge, there remains the risk that Mr. Abdelrazeq would fall away from his medication and might leave the country. He would likely refuse psychiatric care, leading to a rapid decompensation of his mental state. While experiencing a relapse, his psychotic and manic symptoms would likely return and he would also likely engage in sexual aggression against women, persons in authority or family members.
The Board accepts Dr. Meng’s expert opinion that public safety can be adequately managed under a conditional discharge with the same terms as last year’s Disposition.
The Board notes some of the gains Mr. Abdelrazeq has made this year and wishes him well.
In reaching this Disposition, the Board has taken into consideration public safety, Mr. Abdelrazeq’s mental condition and his other needs, and Mr. Abdelrazeq’s reintegration into society.
DATED this 2nd day of June, 2025, at the City of Toronto, in the Toronto Region.
Hon. C. Nelson
Legal Member
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Office of the Registrar
Ontario Review Board