Re: Beesham Dhanpaul
ORB File No: 6720
Hearing held on: Tuesday, April 29, 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. Finley Members: Dr. P.E. Cook Dr. H. Moulden Mr. B. Garrow Mr. S. Duffy
Parties Appearing: Accused: Beesham Dhanpaul Counsel: Mr. A. Rai
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Ms. D. Moskovitz
REASONS FOR DISPOSITION
(Dated June 10, 2025)
Introduction
On March 20, 2015, Beesham Dhanpaul was found not criminally responsible (“NCR”) on account of mental disorder on charges of breaking and entering (committing), and prowl by night, contrary to the Criminal Code, (the “Code”).
Mr. Dhanpaul is currently subject to a Disposition of the Ontario Review Board (the “Board”) dated May 22, 2024, discharging him on conditions, inter alia that he reside at LOFT community housing located at 901 O’Connor Drive, Toronto and report to the person in charge of the Centre for Addiction and Mental Health (“CAMH” and/or the “hospital”), or his or her designate not less than once per month.
On April 29, 2025, the Board convened a hearing, pursuant to s. 672.81(1) of the Code to conduct the annual review of the current Disposition. Mr. Dhanpaul was represented by counsel but declined to attend the hearing. In the circumstances, he was excused pursuant to s. 672.5(10)(a) of the Code.
The issues before the Board are whether Mr. Dhanpaul continues to pose a significant risk to the safety of the public, and if so, what is the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Code.
The parties jointly submitted that there be no change to Mr. Dhanpaul’s current Disposition. The issue of significant threat was not contested.
For the reasons that follow the Board finds that Mr. Dhanpaul continues to pose a significant threat to the safety of the public and that his care should continue on the same terms as his current Disposition.
Evidentiary Record
- Dr. Darby co-authored the Hospital Report dated April 14, 2025, Exhibit 1, and testified on behalf of the hospital. No further evidence was adduced at the hearing.
Background
Mr. Dhanpaul’s personal and psychiatric history, including the details of his mental disorder and treatment since being found NCR, are described in detail in the Hospital Report. Briefly, Mr. Dhanpaul is 45 years of age, single with no dependents. Since September 2020, he has been living in the community in an all-male 24-hour high support, supervised residence, operated by LOFT Community Services.
Mr. Dhanpaul is unemployed and financially supported by Ontario Disability Support Program (ODSP). He is marginally capable of consenting to psychiatric treatment. He is capable of managing his financial affairs. He is followed by the Expanded FOPS team under the care of Dr. Darby.
Mr. Dhanpaul’s current diagnoses are Schizophrenia, and Cannabis Use Disorder in remission in a controlled setting.
The circumstances surrounding the index offence are described in the Reasons for Decision of the Court of Appeal for Ontario dated March 5, 20241:
“In 2015, the appellant, Mr. Beesham Dhanpaul was found not criminally responsible (“NCR”) on charges of (i) loitering in the secure vestibule of a University of Toronto student residence, and (ii) smashing a glass door of an apartment and breaking into the home. At the time he was living in a homeless shelter and had discontinued his medication for some time.”
- Mr