Re: Stephen Uzoho
ORB File No: 8695
Hearing held on: Friday, May 2, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. B. Garrow Members: Dr. P.E. Cook Dr. H. Moulden Ms. C. Finley Mr. S. Duffy
Parties Appearing:
Accused: Stephen Uzoho Counsel: Mr. F. Bernhardt
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated June 10, 2025)
Introduction
On December 17, 2024, Stephen Uzoho was found not criminally responsible on account of mental disorder on charges of assault causing bodily harm, assault (x5) and mischief under (x3), contrary to the Criminal Code of Canada. The Court declined to make a disposition and remitted the matter for a hearing before the Ontario Review Board (ORB/the Board). Mr. Uzoho is currently subject to a judicial interim release order and is living in the community.
On May 2, 2025, the Board convened for an initial hearing pursuant to s. 672.81(1) of the Criminal Code to determine whether Mr. Uzoho represents a significant threat to the safety of the public, and if so, the necessary and appropriate disposition. Mr. Uzoho was present and represented by Mr. Bernhardt.
At the outset of the proceedings the parties were canvassed as to their initial positions on the issues to be determined by the Board. Ms. Warner, on behalf of the hospital, submitted that Mr. Uzoho represents a significant threat to the safety of the public and that the necessary and appropriate disposition is a detention order with discretionary privileges up to and including the ability to reside in the GTA in accommodation approved by the hospital.
Ms. Cusp, on behalf of the Ministry of the Attorney General, ultimately concurred in the hospital’s positions. Mr. Berhardt indicated that Mr. Uzoho was not challenging the hospital’s opinion that Mr. Uzoho represents a significant threat to the safety of the public. Mr. Bernhardt further advised that he was not resisting the hospital’s recommended disposition.
Findings
- For the reasons that follow, the Board finds that Mr. Uzoho represents a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order with the conditions as recommended by the hospital.
The Evidence
- The evidence at the hearing consisted of the Initial Hospital Report, dated April 7, 2025 (ex.1), and the viva voce evidence of Dr. Benassi.
The Index Offences
- The following summary of the index offences is taken from the agreed statement of facts.
“On October 27, 2022, Mr. Uzoho was at the Eglinton ttc station. Without warning, he approached the victim, Eric Faber, from behind and kicked him in the back.
On April 15, 2023, Samad Behnia was on the subway platform of the Queen Street station talking on his cell phone. Mr. Uzoho approached him and, unprovoked, kicked the victim’s left hand and chin causing his phone to fall to the ground causing damage.
On May 20, 2023, John Rubino disembarked from a streetcar at the Spadina subway station. He attempted to take the escalator up to the street level but was blocked by Mr. Uzoho who was standing at the base of the escalator. The two had a verbal altercation and Mr. Uzoho swung a punch at the victim, who was able to avoid contact. Mr. Uzoho then kicked the victim in the chin and fled the scene.
On June 5, 2023, Brian Gallie was at the Warden subway station. Mr. Uzoho approached him from behind and, without provocation, kicked him in the head. Mr. Gallie became unconscious for a brief period. He awoke to see Mr. Uzoho stepping on his glasses and kicking his cellphone.
On July 3, 2023, Maxwell Harkins was on the subway train approaching the Bathurst subway station when he was approached by Mr. Uzoho. After the victim asked Mr. Uzoho not to violate his personal space, Mr. Uzoho struck him in the face with an open hand and removed the victim’s glasses from his face. He then smashed the glasses on the ground, causing them damage. The victim pressed the emergency stop button located on the train which stopped at Bathurst Station and Mr. Uzoho fled the scene.
On April 16, 2023, Frank Nacsa was riding his bicycle on Sherbourne Street. Mr. Nacsa was 74 years old at the time. He stopped his bicycle in order for Mr. Uzoho to cross the bike path. Mr. Uzoho approached Mr. Nacsa and pushed him over onto the ground. Mr. Uzoho then crossed the street and entered the Sherbourne subway station. Mr. Nacsa sustained bruises and cuts to his arms and legs. In a Victim Impact Statement filed with the Court, Mr. Nacsa described the emotional and physical impact of the assault. In particular, he described feelings of depression and anger and the impact on his feeling safe and secure in public places.”
Background Information
The Hospital Report contains details about Mr. Uzoho’s background and psychiatric history and need not be reviewed in these Reasons but for the following material facts. Mr. Uzoho is a 32-year-old single male with no dependents. He was born in Nigeria and completed his primary and secondary education there up to age 17. Mr. Uzoho reported that it was at this time that he first experienced symptoms of paranoid delusions, auditory hallucinations and thoughts of self-harm and harm to others. He was able to manage and ignore these experiences, and did not disclose them to others.
Mr. Uzoho came to Canada on a student visa in 2010 at the age of 18. He pursued a computer science and business management program at Carleton University; however, he left before completing the program due to his mental health issues. In 2013, he had two admissions to hospital in Ottawa. Friends described him as increasingly disorganized and delusional. Significant ongoing cannabis use was noted. He was diagnosed with schizophrenia and treated with psychotropic medication. That year he returned to Nigeria.
Mr. Uzoho returned to Canada in January 2022 on another student visa. He enrolled in a software engineering program at Centennial College but has not attended classes since the Fall of 2023. Mr. Uzoho’s visa expired in April 2024 and his application to renew was denied. He has appealed that decision. As a result, Mr. Uzoho does not have any legal status in Canada.
When Mr. Uzoho returned, he did not have any medical support or insurance, nor a prescriber for his antipsychotic medications. As a result, he was not consistently taking his medication. The Hospital Report describes a number of occasions in 2022 when Mr. Uzoho attended various emergency departments. At times, he was seeking medication. On other occasions, he was brought by police because of threatening behaviour in public.
Mr. Uzoho’s psychotic symptoms have included auditory hallucinations and increased paranoia, including that people around him were stalking him; paranoid, referential thinking, thought broadcasting/insertion and grandiose delusions; behavioural abnormalities (e.g., increase impulsivity and disinhibition); irritability and mood lability. The intensity and severity of these symptoms fluctuated over time in response to external stressors, medications compliance and other factors.
Mr. Uzoho briefly lived in a rental unit with his sister. He then became homeless until his arrest and detention in October 2022. Following his release from detention in March 2023, Mr. Uzoho was living in a private apartment paid for by his family.
Following his release from detention and contact with CAMH’s Forensic Early Intervention Service (FEIS), Mr. Uzoho was referred to CAMH’s Bridging Clinic which administered his long-acting antipsychotic injectable medication. His care was transferred to Across Boundaries outpatient mental health services under the care of Dr. Lo.
At the time that Mr. Uzoho was found not criminally responsible, he was also found guilty of a number of charges for which he received a conditional discharge and probation for 12 months. Most of these charges arose out of three incidents of violent behaviour by Mr. Uzoho, both physical assaults and environmental aggression, while at Wonderland Cannabis, a cannabis dispensary on Queen Street East. He meets monthly with his probation officer in Richmond Hill. Of note, Mr. Uzoho continues to deny cannabis use.
In the Hospital Report, Dr. Benassi notes that, in his opinion, “based on the review of medical records, Mr. Uzoho’s presentation of psychosis does not appear to be solely attributable to the effects of substances or medications. It is likely that Mr. Uzoho’s psychotic symptoms could have been exacerbated by cannabis use at various times, but symptoms have persisted even when abstinent in controlled settings…During our assessment, Mr. Uzoho denied a history of cannabis use. However, as per the medical records and police documentations, there have been incidents where it is believed he has used cannabis. There is insufficient information to determine the pattern and frequency of past cannabis use, however a cannabis use disorder cannot be ruled out at this time.” (p.27)
Course Since the NCR Finding
Mr. Uzoho’s current diagnosis is Schizophrenia, and he is capable of making treatment decisions.
At present, Mr. Uzoho resides in a rental house with two roommates in Markham Ontario. He has been financially supporting himself through temporary cash jobs and receiving additional funds from his family. In October 2024, Mr. Uzoho began volunteering as a donation sorter at the Yonge Street Mission and has enrolled in free online courses.
Several attempts were made to contact Mr. Uzoho’s sister, both for the NCR assessment and for the Hospital Report for the initial hearing. Ms. Uzoho either cancelled or did not respond to communications. Mr. Uzoho did not provide consent to speak with other family members. As a result, there is little corroborative information of Mr. Uzoho’s self-report.
In the Hospital Report, Dr. Benassi notes that in the past six months, Mr. Uzoho has not reported any symptoms of psychosis while he has been compliant with medication. However, when Mr. Uzoho was interviewed in August 2024, he endorsed residual symptoms despite receiving the same treatment.
Mr. Uzoho has expressed ambivalence about the role of medication in his treatment. He acknowledges his past behaviour was related to his untreated psychiatric illness. However, he questioned whether discontinuation of medication would lead to a decline in his mental status.
Dr. Benassi testified before the Board. He confirmed that Mr. Uzoho continues to receive psychiatric care from Across Boundaries pursuant to his probation order. He has been compliant with medication by picking up his medication at a local pharmacy and attending for his monthly injection. His case worker at Across Boundaries does not know how Mr. Uzoho’s medications are being covered.
Dr. Benassi testified that the primary criminogenic risk factor is Mr. Uzoho’s diagnosis of Schizophrenia. When untreated, Mr. Uzoho has experienced a decompensation in his mental state and become violent and aggressive with members of the public. He has a history of noncompliance with treatment and poor insight into the ongoing need for medication. Further, when Mr. Uzoho has stopped taking his medication and used substances he has decompensated. To manage this risk, it is important to closely monitor compliance with treatment and assess other variables that may impact on his mental status, such as substance use.
Dr. Benassi testified that in order to manage Mr. Uzoho’s risk in the community, the hospital requires the ability to approve his accommodation. This will be especially salient because of his precarious financial situation and status in Canada. Further, the hospital requires the ability to intervene early if Mr. Uzoho were to show any signs of decompensation. In the past it would have been hard to use the provisions of the Mental Health Act. A conditional discharge would not be sufficient to manage Mr. Uzoho’s risk in the community.
In response to questions from Ms. Culp, Dr. Benassi indicated that there is no further information about Mr. Uzoho’s current living conditions or his roommates. He indicated that once a disposition is ordered and, should the hospital have the ability to approve Mr. Uzoho’s accommodation, the forensic outpatient team would do a site visit and submit a report to the Person in Charge.
Dr. Benassi testified that the clinical team would have to monitor Mr. Uzoho’s mental status and determine whether his self-reports align with objective investigation. To that end, regular urinary drug screens and ongoing compliance with medication would be monitored. Stability of medication is crucial to managing Mr. Uzoho’s risk.
All parties maintained their initial positions.
Analysis and Conclusion
The Board has considered the Hospital Report and the evidence of Dr Benassi and finds that Mr. Uzoho represents a significant threat to the safety of the public. Mr. Uzoho has a diagnosis of Schizophrenia. When untreated, he has experienced significant psychotic symptoms, including auditory hallucinations and paranoia. This has led him to strike out against members of the public on multiple occasions. There is some suggestion that cannabis use may have been a factor in exacerbating Mr. Uzoho’s deterioration. Given Mr. Uzoho’s lack of status in Canada, his ability to access treatment has fluctuated. As such, he remains a significant threat to anyone in his immediate vicinity when he is experiencing a deterioration in his mental status.
Having found that Mr. Uzoho represents a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused the integration of the accused into society and the other needs of the accused.
The Board unanimously accepts Dr. Benassi’s evidence that the necessary and appropriate disposition is a detention order. In order to manage Mr. Uzoho’s risk in the community, the hospital requires the ability to approve Mr. Uzoho’s accommodation. This is particularly important because of Mr. Uzoho’s precarious financial situation and immigration status. Further, the hospital requires the ability to intervene early should Mr. Uzoho exhibit signs of decompensation. The Board accepts Dr. Benassi’s expert opinion that the Mental Health Act would not be sufficient to have Mr. Uzoho brought to hospital in those circumstances.
By all accounts, Mr. Uzoho has developed a good collaborative relationship with Dr. Lo and his case manager at Across Boundaries and with his current probation officer. He has taken steps to structure his time in the community in appropriate ways. We anticipate a similarly positive working relationship with his forensic outpatient team.
In conclusion, the Board orders that Mr. Uzoho be detained at the Forensic Service at CAMH with terms and conditions as recommended by the hospital.
DATED this 10th day of June, 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Finley Legal Member
Office of the Registrar Ontario Review Board