Re Charles Duku, 2025 CanLII 72907

Re: Charles Duku

ORB File No: 8742

Hearing held on: Monday, June 9, 2025

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. R.W. Hill

Dr. L. O. Lightfoot

Ms. L. Banks

Mr. J. Cyr

Parties Appearing:

Accused: Charles Duku

Counsel: Ms. J. Roberts

The person in charge of hospital: Counsel: Ms. M. Warner

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DISPOSITION

(Dated July 22, 2025)

Introduction:

1. On March 7, 2025, Mr. Charles Duku was found not criminally responsible on account of mental disorder (“NCR”) on charges of arson and mischief over $5000, contrary to the Criminal Code of Canada (the “Criminal Code”). On finding Mr. Duku NCR, the Court did not make a Disposition but referred the matter to the Ontario Review Board (“ORB” or the “Board”) for an initial hearing.

2. On June 9, 2025, a panel of the ORB convened a hearing to make a Disposition as required pursuant to s.672.47(1) of the Criminal Code. Mr. Duku was present at the hearing with his counsel, Ms. G. Roberts. He was also supported at the hearing by his fiancé.

3. The issues to be decided at this hearing are whether Mr. Duku meets the test of posing a significant risk to the safety of the public and, if so, a decision as to the necessary and appropriate Disposition to be made in the circumstances, including conditions to be attached to that Disposition, bearing in mind the four factors set out in s. 672.54 of the Criminal Code.

4. For the reasons set out below, the Board unanimously finds that Mr. Duku represents a significant threat to the safety of the public. The Board finds that the necessary and appropriate Disposition is that he be bound by the terms of a Detention Order Disposition within the Forensic Service at the Centre for Addiction and Mental Health (“CAMH” or the “hospital”), with privileges up to living in the community in accommodation, approved by the person in charge of the hospital, all as set forth at the conclusion of these Reasons.

Positions of the Parties:

5. At the commencement of the hearing, all parties were canvassed as to their initial recommendations to the Board. Counsel for the hospital submitted that Mr. Duku represents a significant threat to public safety and that he should be ordered detained within the Forensic Service at the hospital with privileges extending to living in the community of the Greater Toronto area (“GTA”) in accommodation, approved by the person in charge of the hospital. In response to a question from the Alternate Chair, counsel suggested the Detention Order be framed as a hybrid

6. Counsel for the Attorney General supported the hospital's recommendation regarding significant threat and the proposed Disposition.

7. Ms. Roberts submitted that her client is requesting a Conditional Discharge with proposed terms to include: a residency clause stipulating that he reside with his fiancé, a condition requiring that he abstain from alcohol and substance use, a provision that he submit to testing for alcohol and other intoxicants, a condition that he consent to take treatment pursuant to s.672.55(1) of the Criminal Code, a weapons prohibition, a prohibition on being in possession of incendiary devices, a driving prohibition, and a weekly reporting requirement when living in the community. Counsel conceded the issue of significant threat for the purposes of this hearing.

8. All parties maintained their respective recommendations to the Board in closing submissions.

Index Offences:

9. The circumstances of the index offences are set forth in detail in the Hospital Report to the ORB dated May 26, 2025 (the “Hospital Report”) and may be summarized as follows:

“The following review of charges were extracted from ‘Synopsis for Plea’ report:

The following synopsis was extracted from Peel Regional Police Service report

COUNT 1: ARSON TO CAUSE DAMAGE TO PROPERTY

SECTION 434, OF THE CRIMINAL CODE OF CANADA

COUNT 2: MISCHIEF OVER $5000

SECTION 430(3) OF THE CRIMINAL CODE OF CANADA

Incident

On April 4, 2021 at 7:12AM the accused was the only individual present in his residence located at 5 Kings Cross Road, #1607, Brampton.

At that time, he started a fire within his apartment and exited the unit (Count 1). The accused used his right fist to shatter the nearby fire extinguisher storage glass incurring minor cuts to his hand. The accused entered elevator #1 and began to urinate on the floor and smeared blood from his hand all over the elevator doors and buttons

(Count 2).

At 7:23am Brampton fire department attended the residence and put out the fire within unit #1607 and deemed the incident to be suspicious. Due to the accused's bizarre behavior he was apprehended under the mental health act.

On April 5, 2021 judicial authorization was granted and Ontario Fire Marshal office conducted further investigation and determined the fire to be of an incendiary cause with multiple ignition sites inside the apartment. Police also spoke with property manager Shalini Puttan who advised that at approximately $1700 was spent to sanitize and clean the elevator. Value of building: 30 Million.

On April 13, 2021 at 12:35PM Police attended Brampton Civic Hospital and advised the accused of the above charges. He was read his rights to counsel and caution all of which he understood. He was released on Form 9 with court date of June 24, 2021 and fingerprint date of June 23, 2021.”

10. Mr. Duku reported that in the three days leading up to the index offence on April 4, 2021, he had not been sleeping as he had been up all night reading books on Christian iconography. Mr. Duku also acknowledged smoking cannabis proximal and at the time of the index offence. He was unable to quantify how much cannabis he had consumed, however, stated he had been "smoking cannabis all night" in his apartment. He was uncertain if he had been compliant with his anti-psychotic medication at that time.

Personal Background:

11. The Hospital Report outlines Mr. Duku’s history and background and need not be repeated here in detail as this document was entered as an Exhibit at the hearing. Briefly summarized, Mr. Duku is a 41-year-old man. He was born and raised in Accra, Ghana. Mr. Duku is the eldest child in a sibline of three. He and his family immigrated to Canada in 2000. His parents divorced when he was 18-years-old. Thereafter, he moved out of the family home.

12. Mr. Duku reported that he first started smoking cannabis in high school. Some of his psychiatric contacts and admissions have occurred following cannabis use. He first consumed alcohol at the age of 17 or 18. He reported having alcohol poisoning once and thereafter, he did not engage in alcohol use. Mr. Duku has denied any other substance use.

13. Mr. Duku's highest level of education was community college. Mr. Duku was first employed at age 17 where he worked in a factory. He predominantly held jobs in the factories.

14. Prior to his arrest for the index offences, he was living independently in Mississauga, Ontario. Mr. Duku has two children from two previous relationships: a son with whom he has no contact, and a daughter with whom he has limited contact. Mr. Duku is currently in a relationship with his girlfriend, Jewel, with whom he has been involved on and off for the past 10 years. She lives in Etobicoke and works as a school bus driver.

15. Prior to his arrest, he was unemployed and was financially supported by the Ontario Disability Support Program (ODSP).

Criminal History:

16. According to the Peel Regional Police Local Report, the following is Mr. Duku’s legal history:

File information from Peel Regional Police Local Record

Charge Date

Status

Offence/Charge

2021/04/13

Pending

Arson Causing Damage to Property (IO)

2021/04/13

Pending

Mischief Over 5000 (IO)

2020/11/24

Pending

Careless Driving

2019/02/02

Withdrawn

Possession of Weapon for Dangerous Purpose

2019/02/02

Withdrawn

Assault with Weapon

2016/02/18

Withdrawn

Possession Property Obtained by Crime

2011/06/27

Acquitted

Theft Under 5000

2005/06/22

Other/Withdrawn

Cause Disturbance by Shouting

2005/06/22

Other/Withdrawn

Obstruct Peace Officer

17. Mr. Duku's CPIC, dated April 16, 2021, did not reveal any criminal convictions or Absolute Discharges.

Psychiatric History:

18. Mr. Duku was first diagnosed with Schizophrenia in 2004, at age 21. His hospital contacts and admissions commenced in 2017. His mother reported that he was hospitalized and started on antipsychotic medication with good response. She also reported that Mr. Duku became non-compliant with his medications when back in the community. This would result in a decompensation in his mental state. Mr. Duku would often re-engage in cannabis use which exacerbated the symptoms of his illness, and he would experience paranoia and delusions (grandiose, religious).

19. The Hospital Report (see pages 7 to 8) details multiple ER contacts and admissions to Brampton Civic Hospital. At times, he was brought in to hospital by police, while at other times, he approached police asking to be taken to hospital.

20. Of note, in February 2019, Mr. Duku was brought into hospital because of behavioural disturbances and aggression at home. He was using cannabis daily and became non-adherent with his prescribed antipsychotic medication. He was also reported to have pulled a knife on his neighbour and police were called. Mr. Duku was diagnosed with Schizophrenia and a cannabis use disorder at that time. Records also indicate that was also diagnosed with antisocial personality traits. At discharge, he was on a long-acting injection (“LAI”) of an antipsychotic medication and had been referred for follow up with Dr. Das in the outpatient clinic and addiction services in Peel Memorial Hospital. He was considered incapable to make treatment decisions for his psychiatric illness and his mother became his substitute decision maker (“SDM”).

21. The Hospital Report indicates that Mr. Duku reported trying to commit suicide in the past by jumping in front of a truck but the driver avoided hitting him by swerving off the road. On another occasion, he stated he crashed into a police car in an attempt to kill himself. He denied any other self-harming behaviours.

22. Mr. Duku was admitted to hospital following the index offences. During the early stage of his admission, he was agitated, paranoid and disorganized; however, he demonstrated improvement on the oral antipsychotic medication, Abilify, and the mood stabilizer, Epival, and he was subsequently discharged to his mother’s home.

23. From October 3 to 18, 2021, Mr. Duku was admitted to the hospital as a result of non-compliance with medication and ongoing cannabis misuse. He was expressing paranoid delusions that people were coming into his house, responding to internal stimuli, and acting bizarrely. In hospital, his behaviour was agitated and unpredictable, resulting in his requiring 4-point restraints during his stay. He was found incapable and placed on a Community Treatment Order (“CTO”). Due to an error on the initial Mental Health Act (“MHA”) Form 1, Mr. Duku’s involuntary status was cancelled and Mr. Duku left hospital as he was not willing to stay voluntarily.

24. On October 19, 2022, Mr. Duku was admitted to hospital on a MHA Form 1. He was scheduled for assessment and possible renewal of his CTO, along with administration of his LAI. Mr. Duku failed to attend these appointments despite efforts made by his CTO coordinator and case worker. It is reported that he attended at the ER and received his LAI injection and requested that his CTO be rescinded.

Current Diagnoses:

25. Mr. Duku’s current diagnoses are:

Schizophrenia; and

Cannabis Use Disorder.

Evidence at the Hearing:

26. Dr. A. Ali testified at the hearing to supplement the documentary evidence available to the Board. Dr. Ali stated that she has been involved in Mr. Duku’s care since April 8, 2025. She adopted the contents of the Hospital Report.

27. At the outset of the hearing, Dr. Ali provided updated information regarding Mr. Duku’s psychiatric history. The doctor advised that in January 2023, Mr. Duku’s capacity to consent to treatment was challenged at the Consent and Capacity Board (“CCB”). The CCB found him to be capable. Thereafter, Mr. Duku’s CTO was overturned and he was discharged from out-patient civil service at his request.

28. The doctor also stated that from October 4 to 13, 2023, Mr. Duku was involuntarily detained at Etobicoke General -William Osler Hospital following a car accident. While admitted, he was treated with a long-acting injection (“LAI”) and the oral antipsychotic medication, Olanzapine.

29. Further, from January 10 to 21, 2025, Mr. Duku was again involuntarily detained at Etobicoke General -William Osler Hospital. Documentation regarding details of this hospitalization are not available. During this hospitalization, he was assessed as incapable to consent to treatment and he was treated with mood stabilizers and antipsychotic medication.

30. Dr. Ali also stated that there was an update regarding Mr. Duku’s legal history as she now understands that there are outstanding criminal charges against Mr. Duku. Mr. Feindel advised that the outstanding charges relate to a charge of indecent act x1, with an offence date of September 30, 2024. This allegation relates to an incident that occurred in Peel Region. The second outstanding charge is dangerous operation of a vehicle and it relates to an incident that occurred in Peel Region on January 6, 2025. Dr. Ali stated that Mr. Duku also advised her that there are outstanding charges from the fall of 2024 but the doctor stated that she does not yet have any particulars.

31. Dr. Ali testified that Mr. Duku was initially admitted to CAMH’s Forensic Assessment and Triage Unit (“FATU”) on April 8, 2025, after he was found NCR the previous month. On admission, he was calm and cooperative. He denied experiencing any symptoms of his illness. His medications were restarted and he was compliant with same.

32. The doctor advised that Mr. Duku is currently assessed as capable to make treatment decisions and he receives daily oral doses of an oral antipsychotic medication and a mood stabilizer. He is compliant with his medications in the context of the structured and supervised setting at the hospital. Dr. Ali stated that Mr. Duku medications are currently considered optimized.

33. The Hospital Report indicates that Mr. Duku denies perceptual disturbances and he has not been observed to be responding to internal stimuli. He does not express paranoia or other delusional thoughts. He has denied suicidal and homicidal ideation intentions or plans.

34. Mr. Duku’s current level of insight across all relevant domains is considered to be partial and underdeveloped. He superficially agrees that he suffers from a major mental illness but he minimizes the importance of consistent medication compliance in perpetuity to treat his illness. He is able to appreciate that his conduct at the time of the index offences was driven by the fact that he was using substances which likely accentuated his psychiatric symptoms. The doctor noted that Mr. Duku has a history of medication non-compliance when residing in the community.

35. When asked about Mr. Duku’s insight into his substance abuse challenges, Dr. Ali stated that he recognises that substance use has impacted his life; however, he expresses superficial insight into the negative impact of his substance use on his mental illness.

36. Mr. Duku is fortunate to have important social supports in the community, particularly his mother and fiancé.

37. Dr. Ali stated that Mr. Duku has participated in programming on the unit and he would benefit from ongoing psycho-educational programming to improve his insight with regard to symptom identification and management, behavioural regulation, substance use and the ORB system.

38. In response to a question posed, Dr. Ali stated that once the Board issues a Disposition, Mr. Duku will begin the process of exercising increasingly liberal privileges on a graduated and step-wise basis.

39. The Risk Assessment contained in the Hospital Report identifies the following historical risk factors of relevance to Mr. Duku:

• Violence

• Substance use

• Major mental disorder

• Treatment or supervision response

Clinical risk items that were present and relevant include recent problems with insight.

40. The most likely Re-offence scenario identified in the Hospital Report indicates:

“If Mr. Duku we’re to reoffend, it would likely be in the context of medication noncompliance, substance use and poor coping. Given Mr. Dooku’s history, it is likely that in the absence of a structured environment and professional supervision, he is at risk of decompensation. If Mr. Duku were to become non-compliant with medications and engage in substance use, he would experience re-emergence of psychosis. He would experience destabilization of his illness, misinterpretation of his surroundings, and violence towards others. This may also impact his insight into his illness and decrease the likelihood of him seeking services.”

41. Overall, the doctor testified that she considers Mr. Duku’s risk for violence as “low” in the context of the proposed Detention Order and, if granted a Conditional Discharge, the doctor assessed his risk as “moderate”.

42. Dr. Ali stated that Mr. Duku is in the early stages of his tenure under the Board. To date, Dr. Ali stated that Mr. Duku has been doing quite well since his admission. The plan going forward will be to transfer him to either a General or Secure Forensic unit, depending on bed availability and his clinical presentation, and begin the process of granting him privileges on a graduated basis over the upcoming reporting year. Additionally, the focus will be on engaging him in therapeutic programming and counselling to improve Mr. Duku’s insight across all domains.

43. If Mr. Duku is able to progress through the privilege ladder, the doctor advised that he will likely be transferred over the upcoming year to a General Forensic unit and, at that point, his housing needs would likely be investigated to determine what level of community and residential supports he might require to safely manage his risk. Dr. Ali was not able to comment on whether or not Mr. Duku would be approved to reside in the community with his fiancé, as he has requested.

44. With regard to the appropriateness of a Conditional Discharge, Dr. Ali said that this Disposition would be premature at this juncture. The doctor commented that the hospital requires the ability to retain oversight with regard to Mr. Duku’s community placement to ensure he is well supported, monitored and supervised when he is ready for discharge to the community.

45. In response to questions posed, Dr. Ali stated that if Mr. Duku was under a Conditional Discharge Disposition and the team thought he required readmission, she did not expect that Mr. Duku would voluntarily return to hospital. In that context, the doctor stated that the hospital would have to wait until such time as Mr. Duku’s mental state deteriorated to the point that he would be able to satisfy criteria under the MHA. He has frequently required involuntary admissions.

46. Dr. Ali stated that the team considered it both necessary and appropriate, as well as least restrictive and least onerous, to recommend that a community living privilege be included in his Disposition at this time.

47. Dr. Ali anticipated that following the issuance of the Board’s initial Disposition, Mr. Duku will be recommended for transfer, likely to a General Forensic unit, where he will be assigned to a different treating psychiatrist and treatment team. The doctor cautioned that it will likely take months for a bed to become available on either a General or a Secure Forensic unit. The doctor stated that the level of security of Mr. Duku’s detention in hospital will depend primarily on the clinical presentation of the patient and bed availability.

48. Dr. Ali advised that a Detention Order is the necessary and appropriate Disposition at the current time as Mr. Duku requires a period of time as an in-patient in order to:

• engage him in therapeutic programming, including substance abuse programming, as well as other modalities and programs to improve his insight across all domains;

• closely monitor and support him; and

• allow him to demonstrate his ability to exercise increasingly liberal privileges while remaining abstinent of substances of abuse, and medication compliant.

49. No further evidence was called by the parties.

Analysis and Conclusions:

50. The Board unanimously finds that Mr. Duku poses a significant threat to the safety of the public. In coming to this conclusion, the Board notes the salient risk factors highlighted in the expert evidence of Dr. Ali and in the Hospital Report. Mr. Duku suffers from

Schizophrenia and Cannabis Use Disorder.

51. When ill, he has presented with a variety of psychotic symptoms, including delusional beliefs, paranoia, agitation, disorganized thought and behaviour. His risk profile is further elevated due to his underdeveloped insight into his mental illness, the need for medication, the impact of cannabis and other substances on his mental state, and his risk profile.

52. The panel notes Mr. Duku’s psychiatric history is marked by both voluntary and involuntary MHA admissions, non-compliance with medications and treatment supervision when living in the community, and leaving hospital against medical advice. His non-adherence to psychotropic medication when living in the community has led to a deterioration in his mental status, with and without relapse to cannabis use, resulting in a re-emergence or exacerbation of symptoms of psychosis.

53. This panel finds there is a foreseeable and substantial risk that Mr. Duku would be likely to commit a serious criminal offence, if discharged absolutely. The evidence before the Board is that, in fact, Mr. Duku has been criminally charged following the commission of the index offences.

54. If not under the Board’s jurisdiction, he would be likely to stop his psychiatric medication and suffer a deterioration into an acute psychotic state. In combination with cannabis use, he would be at risk to act out violently. The Board had no difficulty in concluding that Mr. Duku presently poses a significant threat to the safety of the public.

55. This panel finds that a Detention Order is both necessary and appropriate to safely manage Mr. Duku’s risk to public safety. These are early days in his tenure under the ORB’s jurisdiction. Presently, he requires the structured environment of a hospital admission where he can be closely supervised and monitored. In our assessment, it is the external structure and oversight provided by an inpatient admission that has been an important part of the improvements in his mental status achieved over the course of his admission. His continued detention in hospital will allow the treatment team to work closely with Mr. Duku to support his success and progress to full community reintegration.

56. Further, when Mr. Duku is an appropriate candidate for discharge to the community, the hospital will require the authority to approve appropriate and forensically-supported housing for Mr. Duku. As well, a Detention Order grants the hospital the ability to address any potential mental status deterioration when he is living in the community and it provides the hospital with an efficient mechanism to expeditiously return him for readmission should he become unwell. Accordingly, the Board accepts the recommendation of the hospital and the Crown that Mr. Duku’s risk to the public can only be managed by a Detention Order at the present time. A Conditional Discharge would not provide the hospital with the risk management tools necessary to protect public safety.

57. Accordingly, we accept Dr. Ali’s evidence that the necessary and appropriate Disposition to safely manage Mr. Duku’s risk is that he be detained in the Forensic Service at the hospital subject to the following privileges, terms and conditions:

• to attend within or outside of the hospital for necessary medical, dental, legal or compassionate purposes;

• hospital and grounds passes, escorted by staff, accompanied by staff or an approved person, or indirectly supervised;

• passes into the community of the GTA, escorted by staff, accompanied by staff or an approved person, or indirectly supervised;

• the privilege of living in the community of the GTA in accommodation approved by the person in charge of the hospital;

• when living in the community, he report to the hospital not less than once every week, or as required;

• a prohibition on use or possession of incendiary devices;

• he refrain from having in his possession any firearm, ammunition, or other offensive weapons, or being in the company of any person possessing a firearm other than a peace officer;

• he abstain from alcohol, drugs, or any other intoxicant; and

• he submit samples of his urine and/or breath to the person in charge of the hospital or his/her designate as requested by the hospital for the purpose of analyzing whether he has ingested alcohol, drugs or any other intoxicant.

58. Mr. Duku has done well during these past several months of his hospital admission and he is to be commended for his progress to date. The Board is hopeful that he will maintain his current positive trajectory so that he is able to move towards full community reintegration over the upcoming reporting year.

59. In 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, Mr. Duku’s mental condition, his reintegration into society and his other needs.

DATED this 22nd day of July, 2025, at the City of Toronto, in the Toronto Region.

Ms. L. Banks

Legal Member

Office of the Registrar

Ontario Review Board