Re: Jesse P. Dharamdass

ORB File No: 8380

Hearing held on: Thursday, May 22, 2025

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Ms. S. Kert

Members: Hon. B. Allen Dr. L. Cappe Dr. M. Mamak Mr. A. Bouvier

Parties Appearing:

Accused: Jesse P. Dharamdass Counsel: Ms. S. Jeethan

The Person in charge of Hospital: Counsel: Mr. J. McIntyre

Attorney General of Ontario: Counsel: Ms. L. Earle

REASONS FOR DISPOSITION

(Dated July 8, 2025)

Introduction

1On August 28, 2023 Mr. Jesse P. Dharamdass was found not criminally responsible by reason of mental disorder on charges of threatening death (x2), causing a disturbance and failure to comply with his recognizance contrary to the Criminal Code.

2Under s. 672.81(1) of the Criminal Code, a panel of the Ontario Review Board (the Board) was convened on May 22, 2025 at the Centre for Addiction and Mental Health (CAMH or the Hospital) to review Mr. Dharamdass's threat to public safety and the appropriate disposition under s. 672.54 of the Criminal Code.

3Mr. Dharamdass’s existing disposition dated June 27, 2024 orders him to be detained at CAMH Forensic Services with privileges up to entering the community indirectly supervised within the catchment areas of CAMH services with terms, among other terms, to participate in programming as recommended by the treatment team. There is no reporting requirement in the existing disposition.

4The parties provided the Board with their respective positions on significant risk and disposition, including amendments to the terms. The parties agreed that the appropriate disposition is a detention order with privileges up to living in an approved community accommodation and agreed to the recommended amendments to the other terms.

5On the amendments to the terms, the parties agree to the following: the removal of the provision regarding program participation as the Hospital submits that such a term is unnecessary; amending the geographic boundary to permit passes up to indirectly supervised in the Greater Toronto Area; and that a reporting requirement be added providing that when living in the community, Mr. Dharamdass must report to the person in charge of CAMH, or his or her designate, not less than once a month.

Disposition

6For the reasons set out below the Board concludes, under s. 672.54 of the Criminal Code, that Mr. Dharamdass continues to pose a significant threat to public safety and that the necessary and appropriate disposition, which is the least onerous and the least restrictive to mitigate risk to public safety, is that he continue to be subject to a detention order with amendments as agreed to by the parties.

Current Diagnoses

7Mr. Dharamdass’s current diagnoses are schizophrenia and cannabis use disorder (severe, in sustained remission, in a controlled environment).

The Evidence

8The Board has before it the Hospital Report dated May 15, 2025 which contains an account of Mr. Dharamdass’s personal and psychiatric background which need not be repeated in detail here. The Board also has the oral evidence of Dr. Lily Van, the author of the Hospital Report.

Index Offences

9The circumstances of the index offences are described in the Hospital Report at p. 17 and are summarized as follows:

At the time of the offence, Mr. Dharamdass was before the courts on charges of assault with a weapon, assault and uttering threats x3. On June 25, 2019, he entered into a recognizance of bail with conditions to reside with his surety in Brampton. On August 14, 2020, he had a bail variation to reside with his surety at an address in Aurora. Police contacted the named surety who advised that she had been living in Hamilton for approximately one month and had not seen Mr. Dharamdass in a week.

Mr. Dharamdass was doing yoga in Entrance 1 of the Center Point Plaza. He was acting strange and "walking like a zombie with his arms in front of him." Security approached him and asked him to leave. Mr. Dharamdass advised he was protecting their property from terrorists and there were bombs. He kept walking through the mall and said, "I'm going to bomb this mall." He then said, "You're not doing your job properly, who knows if I have something in my bag?" Security escorted him to Entrance 5. Mr. Dharamdass kept yelling "I just want to kill people."

Security followed him to his vehicle in the parking lot. Mr. Dharamdass told security guards "If you touch me I will crack your neck and kill you." As he opened his car door, he told security that he was going to bomb the mall. He left the parking lot and was stopped by police at 5900 Yonge St. He advised police he was there to protect the country from other people coming into the country.

Criminal History

10Mr. Dharamdass does not have a criminal record. At the hearing Crown counsel raised the fact of an outstanding bench warrant in Peel for the threat charges which Crown counsel indicated would not be pursued by the Crown. Mr. Dharamdass’s counsel indicated she would take steps to have the charges withdrawn.

Substance Use

11The evidence in the Hospital Report is not clear as to Mr. Dharamdass’s substance use history. According to his account he started using alcohol and cannabis at age 16 consuming about one or two ounces of cannabis a day.

Mr. Dharamdass’s Personal and Psychiatric History

Before the Current Reporting Year

Personal History

12Mr. Dharamdass is 36 years of age. He is a Canadian citizen of Trinidadian heritage born in Scarborough, Ontario. Before his arrest he resided with his mother and had periods of homelessness. Mr. Dharamdass was divorced after a seven-year marriage and has a 12-year-old child who lives with his ex-wife. He was last employed three years ago as a delivery driver.

13Mr. Dharamdass’s last known contact with any family members was possibly in 1997 or 1998. He believed at the time that his telephone was controlled by other people and his address was not safe so he should not get in touch with his family. He also believed his entire family was dead. He has few friends in Canada.

Psychiatric History

14From 2016 to 2024 Mr. Dharamdass attended several hospitals before and after he committed the index offences, on some occasions having been apprehended under the Mental Health Act.

15Mr. Dharamdass most often presented with suicidal ideation, acts involving threats of suicide and an attempt at suicide through a drug overdose thought to be accidental. He also exhibited depressive moods and anxiety. He expressed vague persecutory delusions that his mother and others were trying to poison him and that “unknown people” were trying to control his thoughts and cause him to commit a crime or harm others. Mr. Dharamdass was religiously preoccupied with persecutory ideas that were thought to be connected to magical thinking like voodoo. He was however not diagnosed with mania, psychosis or a major depressive disorder at the time.

16Months before the index offence Mr. Dharamdass was observed by a TTC driver to be brandishing a knife. The police found a 5-inch kitchen knife in his backpack. Mr. Dharamdass explained that when the TTC driver angered him it made him want to kill himself. He was taken to the hospital, not placed on a mental health form and was subsequently released.

17Following the index offence, on November 7, 2023, Mr. Dharamdass failed to attend a scheduled in-person appointment to see Dr. B. Khan and Dr. L. Eid, his previous treating psychiatrist. He also failed to attend the re-scheduled appointment set to be conducted virtually. He further did not attend his initial Board hearing on January 10, 2024. He was arrested and incarcerated at Toronto South Detention Centre pending re-admission to CAMH.

18Mr. Dharamdass was admitted to the FATU at CAMH on May 2, 2024. He displayed signs of violence while detained there. On May 10, 2024 Mr. Dharamdass hung his jumpsuit from a door and was using it to exercise. When told that was not allowed he objected and became verbally abusive and threatening saying, “I’m going to fight you to death.” The incident did not ultimately result in violence. On May 13th he was asked what he thought about violence and he responded, "Unless someone attacks me or tries to kill me, I won't be violent." When asked if he ever became physically violent as a result he stated, "No, never violent, but I have yelled and screamed."

The Current Reporting Period – June 2024 to April 2025

19Mr. Dharamdass continued to reside in the FATU until November 2024. During the early part of the current reporting year Mr. Dharamdass was not treated with antipsychotic medications. He was observed to experience persecutory delusions such as that others were performing voodoo on him, harming him physically, trying to kill him and delusions of thought broadcasting believing that others could hear his thoughts. Mr. Dharamdass endorsed auditory hallucinations and was observed to be responding to internal stimuli. He also made odd statements. Mr. Dharamdass began to exhibit more irritability displaying anger towards co-patients, for instance, accusing them of eating his food.

20Mr. Dharamdass was found incapable of consenting to treatment and his mother became his substitute decision maker (SDM). He was started on the antipsychotic medication, aripiprazole, on June 6, 2024. By September 2024 his mental status improved such that he was no longer paranoid that others were performing voodoo on him and he no longer appeared to be internally preoccupied.

21On November 11, 2024 Mr. Dharamdass was transferred to a general forensic unit where he typically presented as calm and cooperative. There was no conflict with staff or co-patients. Mr. Dharamdass denied positive symptoms of psychosis such as paranoid delusions or auditory hallucinations. But he continued to be preoccupied with doing yoga.

22Mr. Dharamdass's insight into his mental illness, his symptoms and treatment, remained limited. He was aware that he had been diagnosed with schizophrenia. However he did not believe that he had that diagnosis or that he had manifested symptoms of psychosis previously. Mr. Dharamdass understood he was treated with aripiprazole injections but did not accept that he needed the medication or that the injections had any effect on him. He further did not believe that stopping the medication would increase his violence.

23On the positive side Mr. Dharamdass has remained adherent to aripiprazole during this reporting year. When it was explained to him that changing to a long-acting injectable (LAI) medication would increase the likelihood of long-term stability and discharge from the Hospital and could result in less need for supervised housing, Mr. Dharamdass was amenable and aripiprazole LAI was started in February 2025.

24A further positive development is that in March 2025 Mr. Dharamdass began volunteering at a community kitchen at the Trinity Café assisting with food preparation. Also during this reporting year he has participated in the George Brown College Kitchen Skills Program where students learn and practise essential culinary techniques focused on specific recipes, with each week focusing on a specific topic and recipes. Mr. Dharamdass is planning to apply to the more intensive George Brown cooking program.

25Also to Mr. Dharamdass’s credit he undertook that, while under the authority of the Board, he will refrain from using cannabis. However he did not accept that cannabis would increase his risk for violence. Of concern is that he said he might resume using cannabis when free from the authority of the Board because he believed cannabis kept him calm. To his further credit Mr. Dharamdass had negative urine tests results for prohibited substances during the year.

Oral Evidence of Dr. Lily Van

26Dr. Van has been involved with Mr. Dharamdass’s care from November 11, 2024 when he was transferred to a general forensic unit. By way of update she testified that this week Mr. Dharamdass was approved for level 8 privileges which allows him indirectly supervised passes in the community for recreation and socialization. She was also pleased to report that Mr. Dharamdass won a recipe contest in his George Brown College culinary program.

27Dr. Van indicated that a detention order is required because at this time Mr. Dharamdass remains a significant threat to the community because when unwell he becomes aggressive. She fears that if he were not under the jurisdiction of the Board he would become mentally unstable.

28Dr. Van recognizes that Mr. Dharamdass has achieved independent living skills and self-care, has been medication compliant and involved in a wide range of programming, but she explained that his insight into his illness remains limited. There are no community housing options known at present. She emphasized the necessity of the Hospital continuing to approve his housing at this time.

29Dr. Van projected that given Mr. Dharamdass’s independent living skills he can likely be placed in independent housing in the community. She pointed to his progress to level 8 passes this week and she indicated that if he successfully uses the passes the clinical team will move to investigate transitional or independent housing. Mr. Dharamdass informed the team of his wish to choose his own housing which Dr. Van indicated the team would find acceptable once approved as safe and appropriate. Dr. Van forecasted that given his progress this reporting year Mr. Dharamdass could be discharged to the community during the upcoming reporting year.

30Dr. Van spoke of the request for an expansion of the geographic boundary in Mr. Dharamdass’s indirectly supervised privileges. She explained that some of his community programs and interests take him outside of CAMH’s catchment area. For instance Mr. Dharmadass wishes to attend the CAMH horse stables program in Milton, Ontario and to visit his family in Oakville, Ontario.

31Dr. Van also addressed the recommendation of a reporting requirement of not less than once a month if Mr. Dharamdass is living in the community. She explained that it is early days, just over the last year, that Mr. Dharamdass has been stabilized on medications and the clinical team wants to ensure proper supervision is in place to address the risk of him relapsing. Her opinion is that risk in the community can be mitigated by his abstinence from drugs, medication compliance and consistency with team appointments. She pointed out that at this point the requirements of the Mental Health Act would not be adequate to address Mr. Dharamdass’s risk in the community.

32Considering the removal of the term requiring Mr. Dharamdass to participate in programming as recommended by the treatment team, Dr. Van indicated that provision is not necessary as Mr. Dharamdass is involved in multiple voluntary community activities.

The Parties’ Positions

33As noted, the parties’ joint position is that Mr. Dharamdass continues to be a significant threat to the safety of the public and that the least onerous and least restrictive disposition, that is necessary and appropriate in the circumstances, is a detention order with privileges up to living in the community in approved accommodation with the recommended amendments to the existing terms.

The Board’s Conclusion

34While mindful of the parties’ joint position the Board is required to come to an independent determination.

35Based on the evidence before us, the Board unanimously accepts the opinion, as stated in the Hospital Report, that Mr. Dharamdass remains a significant threat to public safety within the criteria outlined in Winko and as defined in s. 672.5401 of the Criminal Code. The Board considered the criteria, as set out in s. 672.54, namely, the paramount criterion of the safety of the public and Mr. Dharamdass’s community re-integration, his mental condition and his other needs.

36We accept, in accordance with s. 672.54 of the Criminal Code, that the least onerous and least restrictive disposition, that is necessary and appropriate in the circumstances, is a detention order with privileges up to living in the community in approved accommodation with the amendments to the existing terms.

37The Board arrives at that decision for the following reasons.

38For reasons outlined by Dr. Van, it would be premature to allow a conditional discharge. A detention order is essential as it has only been within the last year that Mr. Dharamdass has demonstrated stability, medication compliance and abstinence from drug use.

39Just last year when unwell Mr. Dharamdass exhibited emotional volatility and uncontrolled behaviours involving aggression, verbal abuse and death threats directed at staff. There has been concern about Mr. Dharamdass’s lack of appreciation of the role of cannabis in his mental instability. Last year he did not accept that he needed medication or that the injections had any effect on his illness. He further did not believe that stopping the medication would increase his violence.

40At the start of the current year, Mr. Dharamdass exhibited persecutory delusions and delusions of thought broadcasting. He continues to demonstrate limited insight into his illness which is evidenced by his lack of recognition that psychosis is the basis for his delusional thoughts and disorganized and bizarre behaviour.

41Mr. Dharamdass has also recently asserted that he might resume using cannabis when free from the authority of the Board because he believes cannabis keeps him calm. The fear of course is that if not under the authority of the Board at this time Mr. Dharamdass might decline his medication, start using cannabis and descend into a relapse.

42With regard to complying with his obligation to attend appointments with the treatment team, there is a basis for concern that if discharged to the community prematurely Mr. Dharamdass might not attend appointments. He has failed to comply with this obligation in the past when unwell and last year he failed to attend his 2024 ORB annual review.

43Based on the evidence we heard and reviewed the Board is satisfied that a detention order is the appropriate and necessary disposition. We support Dr. Van’s conclusion that if Mr. Dharamdass stays on his positive trajectory, he could realistically be discharged to the community within the next reporting year.

44The Board wishes to acknowledge Mr. Dharamdass’s areas of progress over the last couple of years, especially as regards medication compliance and drug abstinence. He should be commended for his enthusiasm for community involvement and for advancing his educational pursuit in culinary arts at George Brown College. And in this regard, special mention must be made of his creation of an award-winning recipe.

45The Board concludes, under s. 672.54 of the Criminal Code, that Mr. Dharamdass remains a significant threat to public safety and that currently the necessary and appropriate disposition, that is the least onerous and the least restrictive to mitigate the threat to public safety, is a detention order with privileges up to residing in approved community accommodation.

46The Board also accepts the amendments to the existing disposition as follows: the removal of the provision requiring program participation as such a term is unnecessary given Mr. Dharamdass's extensive community involvement; amending the geographic boundary of Mr. Dharamdass’ indirectly supervised privileges to the Greater Toronto Area; and the addition of a reporting requirement providing that Mr. Dharamdass report to the person in charge of CAMH, or his or her designate, not less than once a month which will provide the necessary supervision and monitoring in the community.

47The Board finds the disposition meets the paramount criteria under s. 672.54 of the Criminal Code of protecting public safety while meeting Mr. Dharamdass’s need for community reintegration and providing support for other needs.