Re Wadia Tshilombo, 2025 CanLII 59092

Re: Wadia Tshilombo

ORB File No: 7897-8590

Hearing held on: Friday, April 4, 2025

Place of hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.47(1) and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. C. Finley

Members: Dr. S. Lessard

Dr. S. Wiseman

Mr. D. Sandor

Ms. N. Lemieux-McKinnon

Parties Appearing:

Accused: Wadia Tshilombo

Counsel: Mr. M. Davies

The Person in charge of Hospital: Representative: Dr. F. Wood

Attorney General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated June 11, 2025)

Introduction:

1. On May 25, 2021, Wadia Tshilombo was found not criminally responsible on account of mental disorder on charges of:

• Assault Peace Officer (x2)
• Carry/use or threaten to use a weapon or imitation weapon
• Uttering threats to cause death or bodily harm
• Mischief under $5000, and
• Fail to comply with undertaking

contrary to the Criminal Code of Canada. These index offences will be referred to as the “May 2021 Index Offences”.

2. Mr. Tshilombo is subject to a Decision and Disposition of the Ontario Review Board on the May 2021 Index Offences. That Decision and Disposition is dated January 30, 2024. It detains him at the Secure Forensic Unit, Royal Ottawa Mental Health Centre, Ottawa, with privileges up to and including that of living in the community in accommodation approved by the person in charge of the Hospital. That disposition also subjects him to certain conditions, including that of abstaining absolutely from the non-medical use of alcohol or drugs or any other intoxicant and that of submitting sample for the purpose of monitoring his compliance with the abstention condition.

3. Furthermore, on July 5, 2024, Mr. Tshilombo was found not criminally responsible on account of mental disorder on charges that arose between December 10 and December 16, 2022, namely:

• Impaired driving
• Robbery (x4)
• Sexual Assault, and
• Indecent Act.

These index offences will be referred to as the “December 2022 Index Offences”.

4. At the time of the NCR finding on the July 2024 Index Offences, the honourable court did not make a disposition but referred the matter to the Ontario Review Board for hearing pursuant to section 672.47(1) of the Criminal Code.

5. On March 12, 2025, a panel of the Ontario Review Board convened a hearing to both conduct an annual review of the January 30, 2024 Decision and Disposition made by the Ontario Review Board relative to the May 2021 Index Offences, and also to conduct an initial hearing on the December 2022 Index Offences. Mr. Tshilombo was present for the hearing, represented by his lawyer Mr. Davies. At the outset of the hearing, it was confirmed that Mr. Tshilombo preferred his proceedings in English.

6. The record for the hearing was lengthy, and included the Revised Notice of Hearing, the most recent Decision and Disposition mentioned above dated January 30, 2024, the Reasons for that Decision and Disposition, dated March 2, 2024, three informations associated with the second set of charges mentioned as occurring between December 10 and 16, 2024, an NCR Report prepared by Dr. J. Gojer, dated May 26, 2024.

7. On the consent of all parties, a cumulative Hospital Report dated March 28, 2025, was entered into evidence as exhibit 1.

8. The parties were canvassed for initial positions. Dr. Wood, Mr. Tshilombo’s treating psychiatrist spoke for the Hospital. He expressed the position that Mr. Tshilombo continued to represent a significant threat to the safety of the public as that term is defined in section 672.5401 of the Criminal Code and as it has been explained by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. He also expressed the position that a detention order was necessary and appropriate, having regard to the objectives set out in section 672.54 of the Criminal Code, to manage the risk to the public posed by Mr. Tshilombo. Dr. Wood indicated though that the Hospital would be recommending some changes to the privileges that were detailed in the previous disposition, particularly as they relate to international travel. He explained that the Hospital would be seeking to maintain the privilege of international travel on an itinerary approved in advance by the person in charge of the Hospital, that this should be for a maximum period of 28 days and only if Mr. Tshilombo is in receipt of a long-acting injectable antipsychotic medication.

9. The representative of the Attorney General agreed that Mr. Tshilombo continued to represent a significant threat to the safety of the public and that a detention disposition was necessary and appropriate having regard to the s. 672.54 objectives but reserved on the issue of international travel privileges.

10. Counsel for Mr. Tshilombo conceded the threshold issue of significant threat. He submitted however that the reigning disposition satisfied the primary and other objectives of s. 672.54 of the Criminal Code and should be maintained without change.

11. For the following reasons, the Board accepts and finds that Mr. Tshilombo continues to represent a significant threat to the safety of the public. It has further concluded that a detention disposition is necessary and appropriate having regard to the primary objective of assuring the safety of the public, together with the other objectives set out in section 672.54 of the Criminal Code. It has further concluded that the Hospital’s proposed language governing the privilege of international travel is appropriate, assuring the safety of the public while also attending to Mr. Tshilombo’s mental health and other needs, including the ultimate objective of reintegration into the community.

Evidence at the hearing

12. The evidence for the hearing came from the Hospital Report mentioned above and from the live testimony offered by Dr. Wood.

13. Turning first to the Hospital Report, it is cumulative in nature and includes a summary of the index offences as also included in previous Reasons for Disposition.

“According to the Crown Brief Synopsis, on September 01, 2020, Mr. Tshilombo’s family called police for assistance at 06h45 due to concerns that Mr. Tshilombo

was in a state of psychosis, had damaged their property, and made threats toward them with a knife before driving off in their vehicle without permission. They did not want to proceed with criminal charges but were seeking assistance for his mental health, as Mr. Tshilombo was refusing to take his medication.

While officers were on the scene taking the report, Mr. Tshilombo returned and was yelling at the officer to calm down when asked to exit the vehicle. The officer attempted to physically apprehend Mr. Tshilombo and, as he was putting his hand.

on Mr. Tshilombo’s forearm, Mr. Tshilombo tensed his muscles and said, “Don’t touch me, get the fuck off of me” and “Let me go you fucking pig.” At this time, Mr. Tshilombo’s fifteen-year-old daughter was pleading for him to get help. Mr. Tshilombo stated to the officers, “I will drop the both of you right here, I’m not going to the hospital.” He subsequently resisted arrest, attempting to sweep the officers’ legs from underneath them. He was eventually taken to the ground and handcuffed, and he became somewhat calm and cooperative. He was then brought to The Ottawa Civic Hospital on Section 17 of the Mental Health Act. While waiting for assessment, his handcuffs were removed, and he was permitted to phone his work, but it was discovered that he had called a friend, so the call was terminated. Mr. Tshilombo responded by ripping the phone off the receiver and hitting one of the officers over the head. Another altercation ensued as the two officers attempted to restrain Mr. Tshilombo, where he was yelling and continued to strike one of the officers and bit the other officer on the forearm. When informed that he was under arrest for assaulting police, Mr. Tshilombo yelled at the officer “You and me! Take all your gear off, let’s go somewhere and I’ll beat the shit out of you.” Mr. Tshilombo was later released from hospital and transported to the cells.

According to the Crown Brief Synopsis, Mr. Tshilombo was released from custody on September 02, 2020, with conditions that included not to attend his family’s home except on one occasion to retrieve his personal belongings in the presence of a uniformed police officer. On September 14, 2020, Mr. Tshilombo’s daughter called police to report that Mr. Tshilombo came into the home without a police officer, and she wanted him removed. Police attended and found Mr. Tshilombo outside of the residence. He was then arrested without incident. Mr. Tshilombo’s daughter and mother both told police that they were fearful for their safety due to Mr. Tshilombo’s recent behaviour and unpredictability, particularly since he was acting more erratic over the previous few months. When police asked him questions about his mental health during the drive to the police station, Mr. Tshilombo confirmed he was told he had Schizophrenia and Bipolar, but added he was “misdiagnosed” and did not have these conditions.”

14. The circumstances of the December 2022 index offences are also set out in the Hospital Report at page 73:

On December 10th, 2022, at approximately 2315hrs, accused Wadia TSHILOMBO attended the Circle K located at 2213 Arch St. with 2 cups in hand which appeared to contain alcohol. The accused appeared intoxicated when entered the store.

Victim PATEL stated that the accused TSHILOMBO told him to give him money from the till, and when the victim gave him the cash, the accused returned it to him.

The accused then asked the victim to drink with him, but the victim refused to do so but pretended to drink when the accused looked away and emptied the container. The accused then took a pack of cigarettes and two chocolate bars and placed them in his pocket.

The accused told the victim to comply and follow his instructions. The accused began grabbing the victim's arm and pulling him in closer. The accused placed his arm around the victim and told him to stop talking or he "would not be there the next time". The accused asked the victim if he would call police, and the victim who feared for his safety advised him he would not so as not to anger him.

The accused then walked around the store where he physically pushed one unknown male customer, taking $25 from him and then approached victim ALBERT, a customer at the store. The accused demanded money from ALBERT while pointing something at him from his pocket. Victim ALBERT provided him with $40 not knowing if the accused had a weapon. ALBERT then left the store to return once the accused had left.

The accused then contacted the victim H. and requested she come and pick him up.

Not knowing exactly where he was, the accused directed victim PATEL to text the victim H. the location of the store. The victim PATEL put the location in the phone and returned it to the accused. Approximately 30 minutes later, while the accused kept making comments to the victim, calling him a peasant, victim H. showed up in her vehicle, red Toyota with Quebec plate […].

Victim H., not knowing what had transpired in the store, got out of her vehicle, and could hear the accused yelling at the victim. She walked in and asked why the accused was being so disrespectful. Victim H. advised the accused to calm down and stated she would drive him home. The accused directed her to get two bottles of Coca-Cola, but victim PATEL stated he would get them. Victim PATEL returned with the bottles and advised her to leave. She asked the accused if he had paid for the bottles, and he replied, stating "no". She asked the clerk to pay but the clerk who was afraid for his safety just wanted them to leave and kept telling her to go. The accused stole one pack of cigarettes, two chocolate bars, two Coca-Cola bottles and a four-pack case of Red bull drinks.

Victim H. and the accused left the store, and both got in her vehicle to drive him home. The accused kept giving her directions, but victim H. quickly noticed that he was not providing her with proper directions. She advised him to provide his address so she could drive him, but he kept telling her where to go. The accused started disrespecting women in general, making derogatory comments and directing them towards victim H.

As they drove on the 417 Highway, the accused grabbed her by the throat squeezing her neck while she drove and told her that he was Lucifer and that he would decide if she lived or died tonight. At this point victim H. became fearful for her safety and was unsure what to do. The accused told her to pull over and stop the vehicle. Victim H. pulled into a parking lot and noticed a police cruiser on the other side. She thought of going to ask for help but was fearful that the accused would do something. They parked and the accused directed her to get out of the vehicle. Again, victim H. thought of leaving but decided against it and stepped out. The accused kept making derogatory comments and then got back in the car and told her to get in. They drove away again, and the accused grabbed her neck and squeezing it about 4 or 5 times while she drove the vehicle on the 417 Highway. As they kept driving, the accused would then say he loved her and at one point grabbed her head, turning it towards him and kissing her, "sticking his tongue down her throat". Victim H. attempted to turn her head so she could see the road, but the accused held her head to the side and kept kissing her. Victim H. was now fearful for her life not knowing what he would do to her.

The accused then directed her to drive to a strip bar in Gatineau and told her that she had to go in the bar and take care of a girl, as in fight her. Victim H. refused to cooperate but again feared for her safety, so she pretended to go along with it. Once they got to the bar in Gatineau, she advised that she'd wait for him outside. He directed her to park closer to the front of the bar and told her to wait in the car.

Once the accused walked into the bar and was out of sight, victim H. drove away and ended up going down a dead-end street on O'Brien. She turned her vehicle and was worried that the accused would be standing outside. She was able to drive by and not see the accused. She drove home and was by herself all night. She did not sleep and stayed in her bed with her cellphone in hand and a hammer beside her. She was afraid because the accused knew where she resided. She stayed awake until 7am and decided to call the police. She contacted MRC Police but because it happened in Gatineau, she was advised to report there. She attended Gatineau Police that night and once she went in and advised what occurred, a female officer told her they would be arresting him that night. Victim H. wanted to report the incident at that time but was afraid to have him arrested because of possible repercussions. The accused reached out to her a few more times but victim H. never responded.

Victim H. attempted to put the whole incident behind her but when contacted by police, the fear for her safety returned and lived through the event again.

Occurring on December 12, 2022

According to the Crown Brief Synopsis, on December 12, 2022 at 19h35, Mr. Tshilombo was involved in a minor motor vehicle collision. He fled the scene on foot and was not present when the police arrived. Mr. Tshilombo had rear-ended the witness’ vehicle while it was parked in an unobstructed and well-lit part of the roadway.

While the officers were speaking to the witness, Mr. Tshilombo returned to the scene. He was described as guarded and provided non-committal answers. He mentioned repeatedly that police triggered his PTSD. Both officers could smell the odor of alcohol when Mr. Tshilombo spoke. He was unsteady on his feet, excitable, and unable to stand still.

Occurring on December 16, 2022

According to the Crown Brief Synopsis:

This matter is related to several incidents that took place over the day of December 16, 2022, until he was finally arrested. The accused appears to be suffering from some mental health problems and on this day, he was out of control.

The accused Wadia TSHILOMBO is currently bounded by a Release Order dated December 15, 2022. He is to abide by the following condition: do not consume alcohol or other intoxicants, or drugs, except as expressly prescribed by a medical professional.

And further, the accused is bound by a document provided by the Ontario Review Board dated February 14, 2022. The accused is to abide by the following condition: abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant.

On December 16, 2022 at approximately 08:45 the accused Wadia TSHILOMBO attended Saab Salon located at 376 Bank St. in the city of Ottawa. The owner/complainant Frank SAAB was present with a customer. The salon was not open at this time.

The accused told the complainant he wanted all of the cheques belonging to Becky (Rebecca HEWITT), his ex-girlfriend. The complainant wasn't going to hand over the cheques as he was being threatened.

The complainant, trying to calm the situation, offered the accused some coffee. The accused continued to demand for the cheques while picking up a bottle of wine. The accused consumed a bottle of wine. The complainant was cautious as he didn't want to get hit by the bottle.

The complainant continued to ask the accused to leave, which he eventually did.

At approximately 09:31 on December 16, 2022, the complainant Roger GAUTHIER was walking south on Elgin St. by the Lord Elgin Hotel. The complainant was approached by the accused Wadia TSHILOMBO.

The accused demanded the complainant give him cigarettes. The complainant refused so the accused grabbed him by the throat applying pressure while demanding his jacket and cigarettes. The complainant handed over his jacket and cigarettes.

The complainant called police from the courthouse and the accused fled the scene on foot toward the market area.

At approximately 09:51 on December 16, 2022, the complainant Russell GARLAND called the police to report a male exposing himself inside the Dunn's restaurant located at 355 Dalhousie St. in the City of Ottawa.

The accused Wadia TSHILOMBO came into the restaurant to use the washroom. He remained in there for approximately 5 minutes before the complainant approached and asked him to leave.

The accused started to cause a disturbance, and he exposed his penis to 3 tables of customers and the complainant. The accused took off running when confronted by the complainant.

The December 16, police report includes an interview with Mr. Tshilombo’s girlfriend, Rebecca (Becky) Hewitt about a separate incident that took place in Gatineau, QC on December 11, 2022. Dr. Wood summarized this as follows in his January 2023 ORB report:

In the Police Officer Statement documented by Samantha Raffa on December 16, 2022 at 13h49, it was confirmed that Mr. Tshilombo’s ex-girlfriend, Rebecca (aka., Becky) was interviewed at her workplace, Saab Salon. She confirmed that this was not Mr. Tshilombo’s usual behaviour, and she disclosed a recent partner assault that occurred in Gatineau on December 11, 2022. She explained that Mr. Tshilombo had a “psychotic episode” and attacked/choked her in their previous shared residence. She added that she had not informed the police, where she was reluctant due to being unsure if would “help” Mr. Tshilombo in the long run. She also noted that Mr. Tshilombo attended her new residence earlier that morning on December 16, 2022, where he proceeded to kick and scream at her door. She eventually agreed to provide a five-page written statement to the officer, who noted that she seemed to fluctuate in her willingness, and this statement was provided to the Gatineau police service. The officer also observed hand/finger shaped bruising on the back of Rebecca’s arms, and she agreed to have them photographed and documented at the police station.

In the written statement that Rebecca provided, she noted that Mr. Tshilombo texted her on December 10, 2022 at 21h58 saying “Babe? Need you asap,” “Police tryna take me”, “Stop them plz.” Rebecca did not respond until about 00h07. She then received a call from the Gatineau Police at 01h38 asking her to pick Mr. Tshilombo up from Main Street, but she advised that she did not drive, so they agreed to send him to her home by cab. At 02h37, Mr. Tshilombo called Rebecca back while upset and saying he was in the market and wanted her to pick him up. She did not hear from him again until 08h50, when she received a call from someone at The Ottawa Civic Hospital, where the phone was turned over to Mr. Tshilombo who demanded that she come get him because he was in a situation. Rebecca declined, as she had a Christmas brunch and family were coming in from Kingston, and she informed him that this was his own doing, which she felt made him upset. She continued to receive calls from 10h05 to 16h29, but she did not answer due to being busy. When she finally answered, he was crying on the phone and needed her, so her uncle dropped her off at Mr. Tshilombo’s home. She noted that Mr. Tshilombo was clearly upset and also very tired, and he went to sleep.

Rebecca further wrote that, after about three hours, she decided to cook in the kitchen, and Mr. Tshilombo eventually entered the kitchen while breathing heavily and beating on his chest while saying “you can’t fuck with me.” He then pointed at her and said, “you didn’t come to my rescue, you left me in the hospital.” He then charged at her and grabbed her throat with both hands while lifting her up against the cupboards to the point her toes were barely touching the ground. He let her go and she ran to the living room to grab her phone and coat to leave, but Mr. Tshilombo chased her and began pushing her face while yelling at her. He tried to choke her again, grabbing her hard and whipped her around. He also bit the back of her head before she was able to break free and grabbed her shoes. Mr. Tshilombo then threw a water bottle at her stomach and came after her when she ran towards the bathroom, and he pushed her to the ground and choked her one more time. She then reported that Mr. Tshilombo’s brother, Hidalgo, was present and a witness to all of this. His brother told Mr. Tshilombo to calm down, as he did not want the cops or neighbours to get involved, which seemingly made Mr. Tshilombo upset and left through the front door. Rebecca used this as an opportunity to escape through the back door, but she saw Mr. Tshilombo looking for her, and she was able to hide in a neighbour’s home while waiting for a cab to return home. She then started to receive calls from Mr. Tshilombo from 23h14 to 11h42, then again at 03h15. At about 16h45, Mr. Tshilombo showed up to her place, banging and kicking on the door, resulting in the landlord to text and check on her prior to calling the police.

The writer later received a charge sheet from Gatineau police, which showed that Mr. Tshilombo was charged with one count of choking, one count of assault with a weapon, one count of assault causing bodily harm, and one count of criminal harassment. The victim was identified as Mr. Tshilombo’s ex-girlfriend, Rebecca, and it was said to have occurred on December 11, 2022.

15. The Hospital Report contains many details associated with Mr. Tshilombo’s personal history, history of struggles with a major mental illness, and course while under the jurisdiction of the Ontario Review Board. Mr. Tshilombo was convicted as a young person of assault and fail to comply with recognizance in 2005. In 2007 he was convicted of driving with more than 80 milligrams of alcohol in 100 millilitres of blood, and in 2013 he was granted a suspended sentence for failing to comply with conditions of an undertaking. Mr. Tshilombo was born in the Democratic Republic of Congo (DRC) but moved to Canada with his family when he was eight years old. His childhood has been described as uneventful up until his last year of high school where he learned that he had fathered a child with an ex-girlfriend. This precipitated a mental health crisis for him and led to his admission to a hospital for approximately one week.

16. Mr. Tshilombo has a total of thirty-seven siblings across eleven mothers. His biological mother was essentially a single parent. Mr. Tshilombo has five siblings by his biological mother and father. He has ongoing contact with these brothers and sisters and is closest with his sister Mirandas.

17. Mr. Tshilombo has been self-employed in several areas. He has worked as a realtor, an electrician and as a conservation analyst. Most recently he has been self-employed as a national sales trader through a company called Autogross. This has him traveling across Canada to various car dealerships to help with sales training and events based on the dealer’s needs. He is currently diagnosed with:

• Bipolar I Disorder, most recent hypomanic episode, currently in remission
• Cannabis Use Disorder, in sustained remission
• Alcohol Use Disorder – unspecified severity, in early remission.

18. The Hospital Report begins its update at page 90 under the subtitle “Clinical course since the last ORB.” It explains that Mr. Tshilombo began psychotherapy directed at building insight, processing his actions that transpired during manic episodes, emergency planning and healthier coping strategies. While Mr. Tshilombo has disclosed some noncompliance with prescribed medications, he has also been able to identify the deleterious impact of substances on his major mental health issue. He has expressed appreciation for his job and for healthy living that includes proper diet, sleep patterns and daily exercise. He has expressed concerns associated with the side-effects of his antipsychotic medications leading to a discontinuation of Abilify Maintena in favor of an increased dose of Lamotrigine in June 2024. Mr. Tshilombo asserted repeatedly that he was compliant with that prescribed medication despite his blood serum levels being subtherapeutic. By August 2024, Mr. Tshilombo was avoiding bloodwork and his Lamotrigine levels continued to be well below the therapeutic range. He ultimately acknowledged that he had only been taking the prescribed antipsychotic medication on the days he had to do bloodwork. When making this acknowledgement, Mr. Tshilombo asserted that it was largely his use of cannabis that contributed to his manic episodes. He insisted that he would never use cannabis or other substances again, adding that even small amounts of cannabis would lead to cravings and should be avoided. Mr. Tshilombo did say that he kept a bottle of oral Olanzapine next to his bedside drawer for emergencies, though he later indicated that he did not “fully trust it.”

19. In October 2024 requested the privilege of traveling to the Democratic Republic of the Congo to attend a celebration of his father’s life and to attend at his father’s gravesite, as well as to attend one of his brother’s weddings. After consultation that balanced Mr. Tshilombo’s history of stability against his refusal to take a long-acting injectable antipsychotic medication, the decision was made to permit the trip with points of virtual contact with the treatment team being arranged.

20. Travel to the DRC did raise some concerns. Mr. Tshilombo consumed alcohol on the flight and engaged in belligerent and rude behaviours. He reportedly experienced mood swings. When he discovered that these behaviours were being reported, as agreed, by family members to the treatment team, he became upset and messaged the family angrily that “these people [the treatment team] are not friends, nor yours, that they benefit more from me being stuck in a system and you have the audacity to write to her about me allegedly drinking and bla bla.” He called his sister Nino a “delusional pathological liar” and a “brat” and told her to block his number, never reach out to him again, and to send screenshots of the conversation to his case manager, Ms. S. Ferrante.

21. This was all investigated by Ms. Ferrante on Mr. Tshilombo’s return. Ms. Ferrante noted that Mr. Tshilombo was dealing with a complicated family dynamic and that he had, in her opinion, handled that dynamic well. She confirmed that Mr. Tshilombo presented at his baseline and there were no concerns of emerging signs of mania or hypomania.

22. The Hospital Report’s update unfortunately describes a downturn for Mr. Tshilombo, beginning at page 102. There, it is explained that Mr. Tshilombo’s January 08, 2025 Ontario Review Board hearing was adjourned as a result of his being incarcerated in Gatineau at that time, he being charged with an assault. It explains that Mr. Tshilombo was in the Gatineau jail for about four days before being released with his daughter acting as his surety. He described the circumstances that led to the assault with which he had been charged and attributed them to his efforts to get money back that was owing to him by an ex-girlfriend and another former friend “Yves”. Over the course of Mr. Tshilombo’s efforts to find Yves, he attended at Yves’ girlfriend’s house and tried to force his way in. He was grabbed by the victim of the alleged assault and responded by getting the man in a headlock. Police were called and Mr. Tshilombo was charged.

23. On January 18, 2025, the Hospital received an email from Mr. Tshilombo’s sister, Mirandas expressing concerns about his behaviours and mental health. He was reportedly acting erratically and not taking his medications. On January 20, 2025, Mirandas updated the team that Mr. Tshilombo had been recently charged with another criminal offence related to a female. She indicated that Mr. Tshilombo had said that he “did not mind jail, as it would not force him to take medications that would cause him to feel like a zombie.” Mirandas expressed knowing that Mr. Tshilombo would be unhappy to hear that she was sharing this information with the treatment team but felt that it was important to prevent manic episodes.

24. On January 23, 2025, Mirandas sent another email to the treatment team with a late-night recording of a phone conversation with Mr. Tshilombo. Mr. Tshilombo was heard repeatedly swearing at Mirandas and threatening to assault her the next time he travelled to the DRC. He told her to “watch out.”

25. A further addendum to the Hospital Report, provided specifically for this hearing, begins at page 106 of the Hospital Report. It notes that on the day of Mr. Tshilombo’s January 2025 annual review board hearing, he attended in a black suit, wearing black sunglasses that he kept on. He was loud in speech and had been spending money recklessly. He left the Royal in a rented large black SUV. Based on reports from his sister, Mr. Tshilombo was admitted to the Ottawa General Hospital on a Form 1 that was later extended on a Form 3. Over this period, he showed regression in his insight into his major mental illness. He disagreed with the diagnosis of bipolar disorder and declined offers to go on a long-acting injectable antipsychotic medication. He was transferred to the Hospital’s Forensic Assessment Unit on January 29, 2025. There, he eventually agreed to go on a long-acting injectable (Abilify Maintena), though he attempted to negotiate only being on it for a year. This led to psychoeducation about the number of relapses of major mental health symptoms he had experienced over the past couple of years. His dosage was decreased, and he was subsequently discharged as he maintained improvements in his mental health and comportment. In the following weeks, Mr. Tshilombo remained medication compliant, followed through with his safety plan with family, and engaged in weekly sessions with Ms. L. Chan (MSW, RSW) who had been involved in ongoing psychotherapy with him.

26. While Mr. Tshilombo has not been formally assessed, his cognition was grossly intact. There was no described psychoses or grandiosity and no suicidal or homicidal ideations. His insight and judgment were marginal though in that he seemed to recognize that he had an underlying mental illness that required medications but acknowledged not being able to recognize this while in an episode.

27. The Hospital Report includes an assessment of Mr. Tshilombo’s risk of violence, beginning at page 99. Though this assessment and its conclusions were dated by the time of the hearing (a result of the several adjournments of Mr. Tshilombo’s previously scheduled hearings), it was nonetheless adopted by Dr. Wood for the purposes of this hearing. It concludes that Mr. Tshilombo poses a high risk of violent reoffending, citing clinical factors that are “highly similar to what was reported at his last Restriction of Liberties and Annual hearing.” It notes that Mr. Tshilombo continues to lack insight into his mental illness and need for treatment. Mr.Tshilombo continues to mainly attribute his previous manic episodes to cannabis use when already experiencing insomnia. His ongoing use of alcohol and his response to stressors as described by members of his family remain a concern. Mr. Tshilombo engages in berating and bullying conduct towards family that discloses important early signs of decompensation to the treatment team. He does not as yet recognize that his family is in fact supporting him and his mental health by doing so. He has yet to develop healthy coping strategies for stressful situations. The Hospital Report describes his risk level and reoffence scenario in the following terms:

While taking into consideration the abovementioned information, Mr. Tshilombo’s risk for further violence is viewed as being High relative to other individuals assessed for violence with the HCR-20V3. At the present time, the factors that were deemed most relevant to his risk for future violence include a history of major mental disorder, insight, substance use, coping with stressors, and treatment or supervision response. As such, a likely scenario in which Mr. Tshilombo might reoffend would be if his mental health was destabilized in the context of ongoing medication, noncompliance, abusing substances, or in response to stressors. Mr. Tshilombo is likely to become erratic, engaging in risky behaviours and begin to experience manic symptoms, which would likely result in him becoming verbally aggressive, threatening, or assaultive. This has been borne out most recently based on the police reports, where it appears a pattern has established an unpredictable decline in his mental health with frequent contacts with police in multiple situations.

28. Dr. Wood further testified that at the time of the most recently scheduled ORB hearing, an adjournment was required as Mr. Tshilombo had been brought to the Ottawa General Hospital on a Form 1 pursuant to the provisions of the Mental Health Act. It was only after this that he began receiving the prescription antipsychotic Abilify Maintena in the form of a long-acting injectable. Since that time, Mr. Tshilombo has engaged in psychotherapy with Ms. Chan. He attends this weekly and his family attends with him every other week. Mr. Tshilombo has a good relationship now with his new case manager, Ms. Tsu and has maintained multiple contacts per week with her and other members of the treatment team since his discharge from the Hospital.

29. Dr. Wood described a “kindling effect” taking place in terms of Mr. Tshilombo’s major mental illness. He said that because Mr. Tshilombo has experienced so many episodes of mania and hypomania, he is at a higher risk of rapid decompensation if he goes off of his medication, regardless of whether he is consuming cannabis or not. He explained that while there are protective qualities associated with a long-acting antipsychotic medication, where such kindling conditions have developed an individual needs to be maintained on that medication long enough for the brain to heal out of the kindled situation for the protective qualities of the medication to function in the case of a moment of treatment noncompliance. He explained that this is particularly the case with Mr. Tshilombo such that, currently, he decompensates so quickly when off medication that it is hard to intervene quickly enough to prevent the type of serious aggressivity and criminal acts that prompt police involvement. In Dr. Wood’s view, this impacts on whether the safety of the public can be ensured were Mr. Tshilombo to travel internationally without a sustained period of compliance with treatment in the form of a long-acting injectable anti-psychotic medication.

30. In response to questions from the representative of the Attorney General, Dr. Wood testified that a condition prohibiting Mr. Tshilombo’s ability to communicate with the victims of the index offences would be appropriate, as well as a weapons prohibition. With regard to Mr. Tshilombo’s driving privileges, Dr. Wood said that Mr. Tshilombo was currently driving but that a decision to suspend his driver’s license would have to be considered if he were to go off of his long-acting injectable antipsychotic medication. He noted that, in addition to Mr. Tshilombo’s conviction in 2007 for an alcohol-related driving offence, the December 2022 Index Offences included allegations of impaired driving. Dr. Wood testified that while Mr. Tshilombo had not tested positive for any substances, alcohol did become a factor in response to family stressors. He said that Mr. Tshilombo displayed disinhibition and an overblown sense of self-confidence on the issue of drinking and driving when in a hypomanic period. He explained that Mr. Tshilombo’s current release conditions let Mr. Tshilombo drive with Dr. Wood’s express permission, or that of the treatment team.

31. Dr. Wood testified that for Mr. Tshilombo, difficulty sleeping and fatigue marked early signs of an approaching episode of hypomania and that continued education was needed to help him identify those periods and to both contact the treatment team and engage in the use of Olanzapine for those situations. Mr. Tshilombo, to his credit, has accepted this instruction and has committed to following this course of action. Mr. Tshilombo recognizes that not only did most recent events lead to delay of his last ORB hearing but also were traumatizing for his 18-year-old daughter who was caught that day trying to manage her support figure. Mr. Tshilombo agrees that, when he is at his baseline, he would not want to do anything that could put her in harm’s way again as she was on that last occasion.

32. Dr. Wood provided the Board with helpful information not appearing on Mr. Tshilombo’s criminal record. He explained that in Quebec in 2021, Mr. Tshilombo was found not criminally responsible for an assault with a weapon and for criminal harassment of an on-again, off-again girlfriend.

33. In response to questions from counsel for Mr. Tshilombo, Dr. Wood testified that Mr. Tshilombo requires a condition that permits him to travel in Canada. He said that if this privilege were lost, Mr. Tshilombo’s ability to work would be limited. Dr. Wood described the value of that employment for Mr. Tshilombo from a mental health perspective and indicated that the loss of this privilege would undoubtedly compromise Mr. Tshilombo’s therapeutic alliance with the treatment team. In his view, to remove this privilege would be inconsistent with the objective of assuring that Mr. Tshilombo’s mental health and other needs are met. He highlighted that, when well, Mr. Tshilombo is pleasant and high functioning. He is personable, professional, sociable and easy-going. When well, therapeutic alliance is not in issue. He is invested in his mental health. It is mostly over the course of hypomanic episodes that characterological difficulties arise, necessitating prompt intervention by the Hospital. As a result, the safety of the public could be ensured while permitting Mr. Tshilombo to drive and travel in Canada for so long as he was compliant with treatment recommendations and maintaining a strong therapeutic alliance with the treatment team. In later questions from counsel for Mr. Tshilombo, Dr. Wood would clarify that while this therapeutic alliance is sincere, Mr. Tshilombo does succumb to nervousness following an episode of hypomania that makes him hesitant to disclose early warning signs to the treatment team. He said that this nervousness is associated with how he thinks the Ontario Review Board will consider those early warning signs. It is not indicative of any superficiality of therapeutic alliance. He emphasized again the importance of privileges permitting travel in Canada being tied to Mr. Tshilombo’s taking of a long-acting injectable antipsychotic medication.

34. In response to questions from the panel, Dr. Wood testified that Mr. Tshilombo’s insight at the time of the hearing is partial and emerging. He explained that the challenge to insight as Mr. Tshilombo returns to baseline is that he will often have very different recollections of what happened during hypomania. He explained that during hypomania, Mr. Tshilombo denies having a major mental illness and becomes more irritable and aggressive in discussing it. He explained that Mr. Tshilombo needs more education surrounding the importance of taking Olanzapine at the first signs of approaching hypomania and of contacting the treatment team. He opined that it is these two factors, not the fact that Mr. Tshilombo has been experiencing early indicators of approaching hypomania, that will ultimately support Dr. Wood’s recommendation that Mr. Tshilombo be granted a form of a discharge.

Submissions

35. At the end of the hearing Dr. Wood, speaking for the Hospital, restated his position that Mr. Tshilombo continued to represent a significant threat to the safety of the public as that term as been explained by the Supreme Court of Canada in Winko. He took the position that a detention disposition was necessary and appropriate having regard to the objectives set out in section 672.54 of the Criminal Code, the primary of which is the assurance of the safety of the public. He again attached international, and any travel, to the need for Mr. Tshilombo to be assiduous in his receipt of a long-acting injectable antipsychotic medication.

36. The representative of the Attorney General agreed with the Hospital on both issues and recommended conditions of non-communication with victims that mirrored those found currently on Mr. Tshilombo’s judicial interim release orders. She argued that Mr. Tshilombo should not have care and control of a motor vehicle unless approved by Dr. Wood or his designate.

37. Counsel for Mr. Tshilombo agreed with the Hospital and the representative of the Attorney General on the threshold issue of significant threat to the safety of the public and on the necessity and appropriateness of a detention disposition for Mr. Tshilombo. He argued though that the privileges and conditions of the detention disposition should avoid micromanagement from the Board and permit the Hospital some amount of exercise of discretion, given the therapeutic alliance described between Mr. Tshilombo and the treatment team. He suggested that a term requiring Mr. Tshilombo to take long-acting injectable antipsychotic medication was not needed in the disposition, even in terms of travel. He argued that Mr. Tshilombo was intelligent and understood that the Hospital was emphasizing the importance of this form of treatment for him, but argued that inclusion of such a condition was, firstly, not needed to preserve therapeutic alliance, and secondly would not further the Hospital’s ability to refuse to permit travel where Mr. Tshilombo refused to take the recommended treatment. He pointed out that Mr. Tshilombo has disagreed with doctors in the past and still had a good therapeutic alliance with them to the date of this hearing. He suggested, relative to a driving condition that, if anything is to be imposed, it should be phrased such that there would be a presumption that Mr. Tshilombo could operate a motor vehicle unless the Hospital directed otherwise.

Analysis and conclusion

38. As mentioned above, the Board agrees that Mr. Tshilombo represents a significant threat to the safety of the public as that term is defined in section 672.5401 of the Criminal Code and as it has been explained by the Supreme Court of Canada in Winko. Mr. Tshilombo suffers from a major mental illness that played a significant role in the commission of serious index offences. He is subject to rapid decompensation that lends to feelings of grandiosity, disinhibition, aggressivity and irritability. When in a hypomanic state, he loses all insight into his major mental illness. He has struggled with treatment compliance and lack of consistency in taking recommended antipsychotic medications were clearly tied to all sets of index offences. Mr. Tshilombo’s most recent hypomanic state took place in a setting where he was not consuming any substances or intoxicants and is strong evidence of the link between his risk of decompensation and lack of compliance with recommended antipsychotic medications. Absent a disposition, it is the Board’s conclusion that Mr. Tshilombo would stop taking medications as prescribed, experience early symptoms of hypomania that would go unaddressed resulting in further acts of aggression and violence to members of the public, including members of his own family. The risk is one of both serious physical and serious psychological harm arising from serious criminal offences.

39. The Board also agrees that a detention disposition is necessary and appropriate, having regard to the objectives set out in section 672.54 of the Criminal Code. The Board notes that, while it appreciated the joint submission on both this and the threshold issue of significant threat, it nonetheless carefully considered each issue of its own accord. Regarding disposition, it asked whether the threat to the safety of the public represented in Mr. Tshilombo’s situation could be adequately addressed by a lesser disposition, such as that of a conditional discharge. In our opinion, it could not. Mr. Tshilombo is intelligent and charismatic when at his baseline and has a capacity to contribute meaningfully to the lives of his daughter, members of his family, and to the community. When he is not at his baseline, he quickly decompensates into aggressive and irritable behaviour that is threatening and assaultive. He has not yet shown insight into the need to identify and address early warning signs of approaching hypomania and needs to understand that his progress before the Board will be impacted positively by evidence of his ability to identify early warning signs, engage with recommended medication (Olanzapine) when those signs emerge, and engagement with the treatment team and other supports before hypomania moves him to a place where he is critical and threatening of those supports and finds himself in a state of denial of his major mental illness. Because his decompensation occurs so rapidly, the Hospital needs to be able to respond quickly. The evidence is clear that, even in the context of a detention disposition, the Hospital is hard-pressed to respond to early signs of approaching hypomania before police intervention is required. In our view, any lesser form of disposition than that of a detention order would be insufficient to satisfy the primary objective of ensuring the safety of the public.

40. Turning to privileges and conditions to be included in the detention disposition, the panel agrees that each condition should be crafted such that Mr. Tshilombo’s liberty interest is impacted as minimally as possible. Mr. Tshilombo has emergent and developing insight. He currently enjoys good therapeutic alliance with the treatment team. He is now on a long-acting injectable antipsychotic medication and has recognized the impact of his most recent hypomanic episode on his 18-year-old daughter who currently acts as his surety on outstanding charges. He is intelligent and needs to be able to travel in Canada for his employment. This ability contributes to his sense of purpose, self-confidence and belonging. It is clearly in furtherance of his mental health and other needs, including the ultimate objective of his reintegration into the community. Accordingly, we agree that this privilege should be included in his detention disposition, for passes up to 14 days, after first obtaining approval of his itinerary from the person in charge of the Royal Ottawa Mental Health Centre, such travel to be indirectly supervised if approved. Given the value of this travel to Mr. Tshilombo, his level of engagement currently with the treatment team, and his understanding that cessation of compliance with treatment recommendations, including long-acting injectable medications, will impact on whether the Hospital permits the travel, it is our view that this privilege will not compromise the safety of the public as a primary objective and will in fact function in furtherance of the other objectives set out in s. 672.54 of the Criminal Code.

41. Regarding international travel, Mr. Tshilombo’s recent trip to the DRC exposed him to stress and fatigue that coincided with a return of irritability, aggressivity and, ultimately, further criminal charges and periods of hospitalization. His consumption of alcohol over the course of travel and while on the trip raises concerns that he will engage in further acts that will threaten the safety of the public. Meanwhile, such travel was also positive for him in terms of family connections and identity. In light of the arrangements that need to be put into place to assure that Mr. Tshilombo’s mental health needs and the objective of assurance of public safety are met, in our view it is important to link this travel privilege to his compliance with his prescribed long-acting injectable antipsychotic medication. Mr. Tshilombo does not yet benefit from the protective qualities of such medications, and it will take time before the “kindling effect” described by Dr. Wood alleviates the concerns that persist as associated with international travel. In our view, compliance with the long-acting injectable is necessary if international travel is to take place in a manner that complies with the Board’s primary objective under section 672.54.

42. The Board further agrees with the joint submission pertaining to non-association and non-communication provisions recommended by the representative of the Attorney General. These have been incorporated into the Board’s Disposition and are in furtherance of the Board’s primary objective.

43. As a result, the Board concludes that Mr. Tshilombo represents a significant threat to the safety of the public and that it is necessary and appropriate that he be subject to a detention disposition with privileges and conditions as discussed.

44. An order will issue accordingly.

45. The Board thanks all who have assisted in this hearing and encourages Mr. Tshilombo on his recent progress made leading up to this hearing.

DATED this 11th day of June 2025, at the City of Toronto, in the Toronto Region.

Mr. D. Sandor

Legal Member

Office of the Registrar

Ontario Review Board