Ontario Review Board
Re: Chidubem Okeke ORB File No: 7868 Hearing held on: Monday, May 5, 2025 Place of hearing: Centre for Addiction and Mental Health Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. L. Banks Members: Dr. T. Verny Dr. S. Wiseman Mr. K. McKenna Mr. W. Apted
Parties Appearing: Accused: Chidubem Okeke Counsel: Mr. A Rai The person in charge of hospital: Representative Dr. P. Darby Attorney General of Ontario: Counsel: Ms. V. Culp
REASONS FOR DISPOSITION
(Dated June 18, 2025)
Introduction:
1On March 31, 2021 Mr. Okeke was found not criminally responsible on charges of aggravated assault and failing to comply with appearance notice, both contrary to the Criminal Code of Canada. He currently is subject to a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated June 6, 2024, discharging him subject to a variety of conditions, including that he reports to the person in charge of the Centre for Addiction and Mental Health (“CAMH” or the “hospital”) not less than once every two weeks.
2On May 5, 2025, the Board convened a hearing at CAMH for the purpose of conducting the annual review of Mr. Okeke’s Disposition. Mr. Okeke was present at the hearing and represented by Mr. A. Rai. At the outset of the proceedings the parties were canvassed as to their opening positions on the two issues to be examined by the Board: whether Mr. Okeke 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 of Canada.
3Counsel for the hospital submitted that Mr. Okeke no longer represents a significant threat to the safety of the public and that he must be absolutely discharged.
4Counsel for the Attorney General reserved taking an initial position, indicating that she wanted to hear the hospital’s evidence first. At the conclusion of the evidence, Ms. Culp advised that the Crown’s position was that Mr. Okeke continued to represent a significant threat to public safety and that the necessary and appropriate Disposition was a continuation of his existing Conditional Discharge. She indicated that the gains he has made over the past few years should be further consolidated by another year under the Board’s jurisdiction. She submitted that the Board should take a cautious approach in this case given Mr. Okeke’s significant history of violence flowing from his experience of psychotic symptoms.
5Counsel for Mr. Okeke indicated that Mr. Okeke was supportive of the hospital’s recommendation that he be granted an Absolute Discharge.
6Both the hospital’s representative and counsel for Mr. Okeke maintained their joint recommendation for an Absolute Discharge in closing submissions.
Index Offences:
7The summary of the index offences is found on pages 10-11 of the Hospital Report dated April 23, 2025 (the “Hospital Report”), as follows:
“On March 27, 2020 the victim in this matter was on duty as a uniformed police officer for York Regional Police. The victim had been parked in his fully marked police vehicle in the parking lot of Hillcrest Mall located at 9350 Yonge Street in the city of Richmond Hill.
The accused before the courts was released from police custody March 27, 2020 at 1450Hrs as a result of a bail hearing, 40 minutes before this incident. The accused was observed walking through the above parking lot, initially screaming at a passing vehicle before observing the parked police vehicle.
The accused proceeded to rush the police vehicle, approaching the driver side door, completely unprovoked. The accused punched the victim in the head through the open window. The victim exited the vehicle and accused proceeded [to] beat the victim repeatedly with his fists, and then took the victim’s service issued collapsible baton.
The accused proceeded to strike the victim multiple times in the head with the expanded baton, as he laid semi-conscious on the ground. The accused proceeded to walk away as the victim attempted to regain his footing, however was arrested by additional officers a short distance away. The victim sustained severe head injuries as a result of this brutal and unprovoked attack and had to be rushed to a trauma centre for immediate medical treatment.
On March 27, 2020 the accused entered into a recognizance before Justice of the Peace L. DEBARTOLO in relation to an unrelated assault charge that occurred on March 26, 2020.
One of the conditions stipulated in the above recognizance is that the accused “does not possess any weapon as defined by the Criminal Code or anything designated to be used or intended for use to cause death or injury or to threaten or intimidate any person.
On March 27, 2020 the accused proceeded to take the victim’s service issued baton, and while in possession of the above weapon, proceeded to strike the victim in the head repeatedly. The accused clearly breached the weapons prohibition associated to his recognizance.”
Background Information:
8The Hospital Report provides an extensive and detailed account of Mr. Okeke’s history and background. It need not be repeated here but for the following material highlights. Mr. Okeke is a 28-year-old man who was born in Nigeria. At the age of 16, he came to Canada on a student visa to begin studying at the University of Windsor in September 2013. He graduated in May 2018 with an undergraduate degree in Computer Science. He found employment in Toronto but was terminated after a few months due to the emergence of symptoms of mental illness. He reported that substance use and alcohol intensified his symptoms.
9Concerned about his mental health, Mr. Okeke’s mother brought him back to Nigeria to be seen by a psychiatrist. He was diagnosed with substance-induced psychosis and treated with risperidone. Inpatient treatment and addiction management was strongly recommended but his mother requested support on an outpatient basis. Mr. Okeke did not attend for his scheduled follow-up appointment.
10Mr. Okeke returned to Canada in January 2019 and ran out of his medication within two weeks. He noted that he was feeling better and did not think that he needed medication. Mr. Okeke was taken by a friend to Windsor Regional Hospital in March 2019. He required restraints in the ER and was involuntarily admitted. He responded to treatment with risperidone but was not receptive to aftercare recommendations. He was released a few days later and provided with a 28-day supply of medication, due to his lack of medical coverage.
11According to the Hospital Report, Mr. Okeke was charged with assault, break and enter, assault with a weapon and mischief x 4 on June 20, 2019. Mr. Okeke reported that he began hearing voices while staying at a friend’s home and decided to drive to Windsor to visit another friend’s home. He walked into the house and, prompted by voices telling him that his friend had raped his girlfriend, attacked one of his friends. He then proceeded to another room, kicked open the door and began attacking the man in that room before moving on to a third roommate. He was arrested and ultimately was approved for mental health diversion. He returned to Nigeria in October 2019, feeling he needed his support system. He eventually returned to Canada in February 2020.
12On March 17, 2020 Mr. Okeke was taken to Markham Stouffville Hospital by EMS. He reported recent cannabis and alcohol use and auditory hallucinations instructing him to attack others. He was discharged two days later with a 30-day supply of medication. Two days later police were called to the rooming house where Mr. Okeke had been living. He was taken to hospital under the authority of the Mental Health Act and ultimately placed in five-point restraints. He advised that he had not taken any medication since his previous discharge and had been using drugs on a daily basis and alcohol on the weekend. He was discharged on March 22, 2020.
13On March 26, 2020 Mr. Okeke was arrested for an assault against a roommate whom he had falsely accused of stealing his money. Following his arrest, he was held in custody and appeared for a bail hearing the next day. He was released on a recognizance with various conditions including not to be in possession of a weapon. The transcript of the proceedings suggests that Mr. Okeke was struggling with mental stability at the time. Within 40 minutes of his release from custody on March 27, 2020, Mr. Okeke committed the index offences.
14After being found NCR, Mr. Okeke was eventually transferred on August 25, 2021 from Waypoint Centre for Health Care (“Waypoint”) to CAMH. Since his transfer to CAMH, Mr. Okeke has been compliant with medication and there has been no emergence of psychotic symptoms. He has been engaged in programming. Broadly, there have been no concerns regarding Mr. Okeke’s behaviour.
Current Diagnoses:
15Mr. Okeke’s current diagnoses are:
Schizophrenia,
Cannabis Use Disorder, and
Hepatitis B.
Evidence at the Hearing:
16Dr. P. Darby testified at the hearing to supplement the documentary evidence before the Board. The doctor has been Mr. Okeke’s psychiatrist since his discharge to the community several years ago. Dr. Darby adopted the contents of the Hospital Report and advised there were no material updates.
17Dr. Darby testified that Mr. Okeke is assessed as capable of consenting to treatment for his psychiatric illness. He is treated with a long-acting injection (“LAI”) of the antipsychotic medication, Zuclopenthixol, which he receives every two weeks. The doctor advised that this medication has been effective in treating the symptoms of Mr. Okeke’s mental illness.
18Mr. Okeke’s mental condition remained stable throughout the year in review with no evidence of psychotic symptoms. Mr. Okeke consistently denies experiencing depressive symptoms, suicidal ideation, and psychotic symptoms. He has not required any readmissions to the hospital over the year in review. Also of significance is the fact that he has not engaged in any problematic behaviours over the past several years.
19Mr. Okeke continues to be followed in the community by the Forensic Outpatient Program (“FOP”) and he is well-engaged and cooperative with team members. He continues to meet weekly with his case manager and has been very engaged with these sessions.
20Dr. Darby reminded the Board that Mr. Okeke was discharged to the community on October 2, 2023 to reside in high support housing with the Transitional Rehabilitation Housing Program. This housing has staff on-site 24/7. He moved to an independent apartment in the city in October 2024 and the transition was smooth, without incident. He continues to reside independently in his apartment.
21Mr. Okeke has demonstrated good insight into his mental illness and he is cognizant of his need for medication in perpetuity. He is also insightful with respect to the need to remain abstinent of substances, including cannabis and alcohol. He understands that substance use would be likely to exacerbate his mental health issues. His urine drug screens (“UDS”) have all returned negative for alcohol and other substances of abuse and he continues to express ongoing commitment to abstinence.
22Mr. Okeke has participated in a variety of programming offered by CAMH and CMHA. He has also spent time in employment support programs. He worked as a travel consultant for American Express full-time from December 2023 to April 2024. From July 2024 to December 2024, he provided premium services to elite clients. Currently, Mr. Okeke works at a company selling AT&T mobility products to customers in the US over the phone.
23Mr. Okeke has also been engaged on a weekly basis with a FORCAT Therapist for Cognitive behavioural Therapy and 1:1 therapy which address, among other things, substance abuse issues.
24Mr. Okeke maintained regular contact with his family who reside in Nigeria. He uses Zoom calls to stay connected. He has been consistent in his stated goal to return to Nigeria to live with his family and to work in his father's business.
25Mr. Okeke reported that his application for refugee status was recently denied. Although disappointed, Dr. Darby testified that the denial has reinforced Mr. Okeke’s decision to return to Nigeria when he is able to. Dr. Darby testified that he and Mr. Okeke had a video call with Mr. Okeke’s mother on April 1, 2025. Mr. Okeke’s mother lives with her husband in Lagos and she confirmed that they would both welcome their son back to live in their family home and that he would be welcome to work full-time in his father’s business. Mrs. Okeke also advised that both she and her husband would support their son’s goal of maintaining abstinence from alcohol and illicit substances.
26Dr. Darby stated that in the past, Mr. Okeke’s mother had been supportive when he had struggled with mental health challenges. Mrs. Okeke advised Dr. Darby (during their recent phone call) that she had reached out to a local psychiatrist, Dr. Thomas, who had previously provided psychiatric care to Mr. Okeke’s son when he was in Nigeria in 2019. Dr. Darby later communicated directly with Dr. Thomas via email exchanges. Dr. Darby provided Dr. Thomas with much background information, including the Hospital Report and last year’s ORB Reasons for Disposition, into Mr. Okeke’s tenure under the ORB. Dr. Thomas confirmed that she was available to provide ongoing psychiatric care and follow-up to Mr. Okeke upon his return to Nigeria.
27In response to questions posed by the Crown, Dr. Darby confirmed that Mr. Okeke is now in possession of a valid Nigerian passport and all necessary travel documents and that his plan is to move back to Nigeria in the next few months. Dr. Darby stated that continued care would be provided by the CAMH’s FOP team and would be available to Mr. Okeke if he received an Absolute Discharge until either Mr. Okeke left Canada in a few months for Nigeria or until a qualified civil psychiatric treatment team was in secured for Mr. Okeke should he change his plans and decide to remain in Canada.
28In response to a question posed by a panel member, Dr. Darby stated that his recommendation for an Absolute Discharge would remain the same whether Mr. Okeke had plans to return to Nigeria or remain in Canada.
29The clinical risk factors relevant to Mr. Okeke as identified in the Hospital Report are:
he suffers from schizophrenia, and when acutely psychotic, he has acted out with significant unprovoked physical aggression;
he has a history of substance abuse (primarily cannabis and alcohol) and his use has historically precipitated and/or exacerbated his mood and psychotic symptoms;
historically when ill, Mr. Okeke’s insight has deteriorated when experiencing psychosis or heightened stressors, leading to medication non-compliance and/or relapse to substance use, both of which have negatively impacted his mental health; and
he has a limited social support network within the community as his family resides in Nigeria.
30According to the Composite Assessment of Risk contained in the Hospital Report:
“Mr. Okeke presents as being at low-moderate risk for future violence compared with other individuals who have committed violent offenses. He has several salient clinical risk factors.
However, given the improvement and stability demonstrated over the last 2 years and the protections built into Mr. Okeke’s plans for the future, the clinical team and hospital opine that Mr. Okeke no longer represents a significant threat to the safety of the public as defined in Section 672.5401.”
31In response to questions posed by counsel for Mr. Okeke, Dr. Darby confirmed that Mr. Okeke has not required any hospital readmissions since his discharge to the community several years ago. He is not consumed alcohol or any other intoxicants since the time of the index offences. Further, the doctor confirmed that Mr. Okeke has not engaged in any acts of physical violence since the index offences which occurred over five years ago. Dr. Darby also confirmed that Mr. Okeke’s low PCL-R score is indicative of the fact that he does not have significant psychopathic traits. Finally, Dr. Darby confirmed that Mr. Okeke has expressed being remorseful for the index offenses, and that he has never tried to minimize the seriousness of his conduct at that time or the significant consequences suffered by the victim.
32Dr. Darby stated that Mr. Okeke has continued to consolidate gains made in prior years over the past reporting year, and the described Mr. Okeke’s conduct as “faultless”.
33Mr. Okeke also testified at the hearing. He expressed his gratitude to the Board and his treatment team for all of the help he has received over the years. He testified that he believes he has made a full recovery and is ready for an Absolute Discharge. He commented that he remains free of symptoms and compliant with his medication and that he is committed to out-patient treatment and follow-up as well as continued abstinence.
34Mr. Okeke testified that he attends all scheduled appointments with his FOP team and has been transparent at all times. He stated that he is mentally stable and that he tries to demonstrate his good judgement and insight.
35Mr. Okeke stated that he has fully reintegrated into the community, without incident. He lives independently in an apartment but has a strong family and social support system. He stated that he is committed to his continued good health.
36In response to questions from the Crown attorney, Mr. Okeke stated that he had pro-actively reached out to Dr. Thomas in Nigeria and she confirmed that she is willing to assume his psychiatric follow-up care. Dr. Thomas told Mr. Okeke that his LAI medication is available to him in Nigeria. As well, Dr. Thomas advised that she can assist Mr. Okeke in securing a therapist for him to work with.
37Mr. Okeke stated that he is 100% committed to returning to Nigeria to be reunited with his family. Further, he advised that he received a Deportation Order from immigration services and upon a receipt of an Absolute Discharge, he will be legally required to leave Canada.
38No further evidence was called by the parties.
Analysis and Conclusion:
39The Board is unanimous in finding that Mr. Okeke no longer meets the threshold of posing a significant threat to the safety of the public. In coming to this conclusion, we have relied upon the documentary evidence and the expert testimony of Dr. Darby, particularly regarding Mr. Okeke’s course over the past several reporting years. As well, the panel carefully considered the decision of the Supreme Court in Winko v. British Columbia. In that case, the Court identified a significant risk as a "real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature". There must be a positive finding by the Board of a significant risk to the safety of the public to engage the provisions of the Criminal Code and to support restrictions on an NCR accused’s liberty. Something else, for example, uncertainty, cannot suffice. If the Board cannot resolve the question of whether or not the NCR accused constitutes a significant threat to public safety, it must grant the accused an Absolute Discharge.
40In Winko, the Supreme Court also outlined that in coming to a conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence including the circumstances of the original offence, the past and expected course of the accused's treatment, the present state of the NCR accused's medical condition and the NCR accused's own plans for the future, the support services existing for the NCR accused in the community and, perhaps most importantly, the recommendations provided by experts who have examined the NCR accused.
41We are mindful of Mr. Okeke’s criminal history which reveals that when Mr. Okeke decompensates, he becomes paranoid and experiences auditory hallucinations which in turn leads to violence and aggression as demonstrated both at the time of the index offences as well as the events preceding the index offences. In addition, he has engaged in other aggressive behaviours in the context of psychosis and/or substance use. He also experienced a significant decompensation in hospital in 2023 while compliant with medication and abstinent from substances. In coming to our decision, we have also carefully considered the contents of the Victim Impact Statement included as an Exhibit at the hearing.
42The expert evidence before us highlighted the sustained progress that Mr. Okeke has continued to make over the past several years. He has been residing successfully in the community since 2022 with no hospital readmissions. He currently resides in stable independent housing in the community and he transitioned well, without incident. Further, there have been no reported incidents of concern since Mr. Okeke’s discharge to the community.
43Mr. Okeke has not engaged in any violence or assaultive behaviour. He attends all of his scheduled appointments with the FOP team without issue.
44To his credit, Mr. Okeke is insightful regarding the symptoms of his illness, its early warning signs, and the importance of medication compliance in perpetuity. Mr. Okeke is internally motivated not to fall back into psychiatric illness and realizes that he must remain compliant with his treatment and abstinent of substances of abuse in order to avert a recurrence of his illness.
45The symptoms of his mental illness have been in sustained and complete remission for many years since his transition to his current LAI. Mr. Okeke has remained compliant with his LAI under his own consent as he is assessed as treatment capable. He does not present with any overt symptoms of psychosis or mood disturbance.
46Mr. Okeke’s UDS results have all returned negative for substances over the year in review. He has engaged appropriately with his treatment team and has been an active participant in recommended programming. He has complied with all of the terms of his ORB Disposition. These are all indicators of his positive trajectory in terms of full community re-integration.
47Mr. Okeke’s plan in the months following his receipt of an Absolute Discharge is to return to his family’s home in Nigeria to work in his father’s business. He has reached out to a psychiatrist who is available to him to manage his medication and he has expressed his willingness to engage in psychiatric follow-up. Dr. Darby has stated that Mr. Okeke’s care will be bridged by his current FOP team until he leaves for Nigeria. When he arrives in Nigeria, psychiatric care and follow-up has already been arranged with Dr. Thomas. We agree with Dr. Darby that there is a realistic plan in place which Mr. Okeke appears committed to and is one where he will be assisted by significant family supports.
48Dr. Darby is confident that Mr. Okeke’s risk will be sufficiently mitigated by many protective factors. These include: his well-developed insight, his adherence to his LAI medication, his engagement in a variety of pro-social endeavours, his stable housing, and his network of family members who are positive social supports. Given these many protective factors, the Board concurs with the recommendation of the treatment team and agrees that Mr. Okeke’s risk can be sufficiently managed absent an order of the ORB.
49In view of the foregoing, this Board finds that Mr. Okeke no longer meets the threshold of significant risk to the safety of the public and we order that he be absolutely discharged. The Board congratulates Mr. Okeke and wishes him continued success in the future.
50In making this Disposition, the Board has reviewed the provisions of s. 672.54 of the Criminal Code and has carefully considered the need to protect the public from dangerous persons, the mental condition of Mr. Okeke, his reintegration into society and his other needs.
DATED this 18^th^ day of June, 2025, at the City of Toronto, in the Toronto Region.
Ms. L. Banks Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board