Ontario Review Board
Re: Masi Nahimi
ORB File No: 7836
Hearing held on: Wednesday, June 4, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M.D. Segal Members: Dr. G.A. Chaimowitz Dr. H. Moulden Ms. C. Fromstein Mr. J. Cyr
Parties Appearing: Accused: Masi Nahimi Counsel: Mr. J. Wilton
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated July 18, 2025)
Introduction
Masi Nahimi, age 36, was found not criminally responsible on account of mental disorder on January 19, 2021, on charges of assault and assault with a weapon, contrary to the Criminal Code.
On June 4, 2025, Mr. Nahimi appeared before the Ontario Review Board (the “Board”) for his annual hearing at the Centre for Addiction and Mental Health (the “hospital”). Mr. Nahimi’s sister attended.
In preliminary positions, the hospital endorsed that an Absolute Discharge was warranted, as the patient no longer represented a significant threat to the safety of the public. Mr. Nahimi’s counsel, Mr. J. Wilton, agreed. Crown counsel wished to defer but, by the conclusion of the hearing, agreed.
Exhibit 1 was the Hospital Report dated May 24, 2025.
Index Offence
- The index offences are taken from last year’s Reasons, as follows:
“On Thursday, June 13, 2019, at approximately 1:00pm, the victim in this matter, Ms. Nicole Lim, was walking on the street near 34 Lanyard Road in the City of Toronto. As Ms. Lim walked down the street, she walked past Mr. Nahimi. Ms. Lim and Mr. Nahimi did not know each other.
When Ms. Lim walked past Mr. Nahimi, he attempted to grab her from behind. Ms. Lim attempted to get away, but Mr. Nahimi followed her and continued to try to grab her and tackle her to the ground. As Ms. Lim struggled to get away, she noticed Mr. Nahimi was carrying what appeared to be a serrated saw or knife; it was actually a drywall saw. During the course of her struggle, Ms. Lim felt the accused place the saw/knife against her back and neck.
A civilian, Mr. Cesar Ortega, who was driving past the scene observed the incident and exited his vehicle to assist Ms. Lim. Mr. Ortega took off his jacket and wrapped it around the arm and hand with which Mr. Nahimi was holding the saw. Mr. Ortega then wrestled Mr. Nahimi to the ground and was assisted by other civilians in holding Mr. Nahimi down until police arrived. As Mr. Ortega was holding Mr. Nahimi down, Mr. Nahimi bit him on the forearm.
Police arrived on scene and took Mr. Nahimi into custody. He was transported to 31 Division where he was held pending a show cause. Both victims were transported to hospital.
In last year’s Board Reasons, it is noted that during Mr. Nahimi’s self-report, he recounted that:
He was responding to command hallucinations with the intention of killing the victim. He picked her as the victim because she was small in stature, and he thought he was more likely to succeed in killing her because of that.”
Diagnosis
- Schizophrenia
Background
The Hospital Report contains extensive information about Mr. Nahimi’s background, some of which will be highlighted here.
Mr. Nahimi is a Canadian citizen, born in Toronto of Afghani descent. He has always resided, and continues to reside, at his parents’ home with his three younger sisters. He is unemployed and is supported financially by the Ontario Disability Support Program (ODSP).
Mr. Nahimi denied the current or historical use of alcohol or street drugs. Substance use is forbidden by his religion. He maintains that he has never smoked cigarettes, nor has he misused prescription or over-the-counter medication. He has also denied any prior legal system involvement with collateral sources verifying same, in the absence of the availability of a CPIC during the writing of the initial Hospital Report.
Mr. Nahimi had only one hospital admission prior to the index offences, when he was brought to hospital by police after he was found waving a knife at a bus stop; he was pointing to his wrist with the knife when police apprehended him. A provisional diagnosis of a mixed feature personality type with schizoid and schizotypal features was provided at the time. It was noted that while psychosis could not entirely be ruled out, he displayed no symptoms of active psychosis. He was not given any pharmacological treatment at discharge and reluctantly agreed to engage with case management services through LOFT.
Mr. Nahimi was connected with the Forensic Early Intervention Service (FEIS) while incarcerated after the index offences and attended the CAMH Emergency Department upon being granted bail, as per a condition of his release. He was admitted on an inpatient basis from June 25, 2019, to January 6, 2020, and was deemed incapable to make treatment decisions on December 12, 2019, his mother becoming his Substitute Decision Maker (SDM). Mr. Nahimi progressed toward discharge with a Community Treatment Order (CTO) overseen by the Slaight Outpatient Team at CAMH. The team provided outpatient support, administered liquid clozapine (300mg), and Paliperidone (100 mg intramuscular every four weeks) and collaborated with the Central Toronto Youth Services (CTYS)/LOFT team that provided more extensive case management close to Mr. Nahimi’s home, as it was difficult for him to attend appointments at CAMH given restrictions included in his bail conditions.
In 2020, Mr. Nahimi’s CTO lapsed without renewal due to an administrative error, and, in November of that year, his care was successfully transitioned to the Reconnect ACT Team. His discharge from the Slaight Outpatient Team occurred a few months later on January 4, 2021. Mr. Nahimi continued to be followed by Reconnect until his transfer to the Expanded Forensic Outpatient Service (EFOPs) at CAMH in June 2021, after his finding of NCR.
Evidence at Hearing
Dr. L. Van, the patient’s psychiatrist since his discharge into the community, who has worked with the patient for three years, testified. At the outset, Dr. Van noted that the current reporting requirement as found in the Hospital Report should say that he is required to report not less than once every four weeks.
Overall, Mr. Nahimi’s year has been very positive in all aspects, including treatment and adherence. When first discharged into the community, Mr. Nahimi stayed in his house with his family. That has changed radically. Mr. Nahimi began to engage with the hospital and has bloomed in the community. The patient’s insight and motivation are excellent. Now Mr. Nahimi attends the hospital several times a week and participates in all manner of programming. He also is relating to his peers very well. He demonstrates commitment to his rehabilitation. The family works together with the hospital. Mr. Nahimi understands his diagnosis, the need for medication, and is comfortable discussing his mental health and the index offence.
This past winter, Mr. Nahimi had a successful four-day trip to New York.
In the context of planning for an Absolute Discharge, the hospital developed a plan to have Mr. Nahimi become a patient at the Etobicoke General Hospital, near his home, be under the care of one of that hospital’s psychiatrists, engage in their programs, do his blood work there, and have his clozapine levels checked. He would also have the services of a case manager. The Etobicoke General Hospital will only process Mr. Nahimi for assessment once an Absolute Discharge is granted, but all signs are very positive. If an Absolute Discharge was granted, the hospital would work to prepare an application for that program. The Etobicoke General Hospital has a psychiatric outpatient program.
In addition, CAMH recently received news that Mr. Nahimi would be assessed for admission with Reconnect, a health services provider, notwithstanding he lives just out of that organisation’s catchment area. Mr. Nahimi has had a good relationship with Reconnect in past.
Dr. Van and her team and CAMH programming would continue to be available to Mr. Nahimi during any transition. Dr. Van notes that it is important that Mr. Nahimi have structured programming.
Finally, Mr. Nahimi has a family doctor who could be approached to assist.
Dr. Van observed that the family has been very involved in a positive way and would continue in that vein. While the family was initially very protective, for example, driving Mr. Nahimi everywhere, they now embrace his growing independence. The family was quite traumatized by index offence and is very conscious of avoiding Mr. Nahimi becoming unwell again. In particular, the family is quite mindful of the importance of monitoring therapeutic levels of clozapine. Dr. Van is very confident of the family would take responsible steps to deal with any hint of decompensation. Importantly, Mr. Nahimi has not had a relapse for three years.
There is historical evidence of the patient minimizing his difficulties and being hesitant to reach out. Dr. Van indicated that that behaviour has not been apparent for some years. Mr. Nahimi is very open to his forensic team and has matured in the last few years so that he raises issues proactively with the team.
Mr. Nahimi is very prosocial. Monday to Thursday he is involved with therapeutic groups and recreational activities at CAMH. Fridays, he and his family attend mosque. Mr. Nahimi attends groups such as Illness Management, Music, Wellness, Recovery and participates in special events. He has taken some of the therapeutic courses more than once.
Low or nonexistent levels of Mr. Nahimi’s clozapine dose may be related to taking it in in crushed form in a liquid, and how his body processes the medication. Mr. Nahimi is on a relatively low dose of clozapine, and the issue of absorption appears to have been resolved. The forensic team also checks in with the family to confirm clozapine adherence.
At some point, there was a plan to pursue more education, but that has abated. The hospital sees Mr. Nahimi as a potential peer support worker.
Mr. Nahimi continues to live with his supportive family. He has no plans to move out. Mr. Nahimi does not need reminders for appointments. The family is a strong proponent of prescribed medication.
Mr. Nahimi has a good sense of what symptoms look like. Thankfully, the ability to recognize and respond to early signs of decompensation has not been experienced since 2020. Mr. Nahimi’s positive attitude resulting in strong engagement, and a loving family, are strong protective factors.
In final submissions, Mr. Feindel, having skillfully probed the possibility of potential weaknesses in the plan of care, agreed that Mr. Nahimi did not meet the threshold for significant threat to community safety. All parties were complimentary of Mr. Nahimi’s progress and his family’s support.
Analysis
- Mr. Nahimi has progressed through the Ontario Review Board system. There has been progress since 2020 without relapse. Before the Board, Mr. Nahimi presented as polite and engaged. Mr. Nahimi is one of those patients who has done everything possible to become well. His commitment to programming is exemplary. There have been several factors contributing to Mr. Nahimi’s progress so far. It starts with Mr. Nahimi working very hard with a committed forensic team. Strong family support has and will be critical going forward. Dr. Van has developed a multi-pronged plan to ensure a smooth transition so that Mr. Nahimi receives the appropriate assistance and structure. The hospital’s plan, which the Board endorses, involves:
Helping Mr. Nahimi become a patient at the Etobicoke General Hospital Outpatient Psychiatric Service with a supervising psychiatrist, blood work, clozapine monitoring, a case manager and programming. The hospital will assist with the application to present to the intake process at Etobicoke General Hospital
The hospital has worked with Reconnect to take advantage of their services including a psychiatrist, case manager and programming. If for any reason the Etobicoke General Hospital is not available to supervise, there is an ACT team associated with Reconnect
Working with a family doctor to ensure they are knowledgeable about Mr. Nahimi’s condition
Offering to follow Mr. Nahimi as a patient and make available programming while other pieces of his plan evolve
Working with the family in the common interest of ensuring compliance, adherence and monitoring.
- While the discussion was centred around ensuring no gaps, the fact is that it would be difficult to assert that Mr. Nahimi exceeds the threshold of significant threat to the safety of the public. He does not. Through his good commitment and that of the forensic team, family and his own counsel, he is ready to take the next steps in a safe manner. We wish Mr. Nahimi well.
DATED this 18^th^ day of July 2025, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
__________________
Office of the Registrar Ontario Review Board