Re Naddir Abboud, 2025 CanLII 72920

Re: Naddir Abboud

ORB File No: 7982

Hearing held on: Monday, May 12, 2025

Place of hearing: Royal Ottawa Mental Health Centre

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

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. R. Kunjukrishnan Dr. G. Boulais Ms. M.L. Bridger Ms. N. Lemieux-McKinnon

Parties Appearing:

Accused: Naddir Abboud Counsel: Ms. S. Brass

The person in charge of hospital: Representative: Dr. M. Strike

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

REASONS FOR DISPOSITION

(Dated July 21, 2025)

Introduction:

1. On November 8, 2021, Mr. Naddir Abboud was found not criminally responsible (“NCR”) on account of mental disorder on charges of criminal harassment(x2) and arson/disregard for human life. Mr. Abboud is currently subject to a disposition of the Ontario Review Board (the “Board”) dated April 16th, 2024, which discharges him on certain terms and conditions.

2. On May 12th, 2025, the Board convened an in-person hearing at the Royal Ottawa Mental Health Centre (ROMHC), hereinafter referred to as the hospital, and conducted the annual review of Mr. Abboud’s disposition.

Position of the Parties

3. At the outset of the hearing, the parties were canvassed as to their recommendation to the Board. Dr. Strike appeared as the hospital’s representative. She advised of the hospital’s position that Mr. Abboud no longer represents a significant threat to public safety and that accordingly he is entitled to receive an absolute discharge.

4. Madam Dufort appeared for the Attorney-General. She wished to hear the evidence prior to stating the position of the Crown.

5. Mr. Abboud was represented by Ms. Shira Brass. Ms. Brass supported the hospital position that her client no longer represents a significant threat to public safety and accordingly is entitled to receive an absolute discharge.

Preliminary Matters

6. Ms. Brass also asked for an appointment as counsel and the Board so ordered. In addition, Ms. Brass asked the Board for a publication ban with respect to Mr. Abboud’s disposition. Specifically, that only his initials be used so that information regarding traumatic incidents in his upbringing would not be disclosed. While the Alternate Chairperson initially agreed to these requests, upon review, it was brought to our attention that the ORB does not have jurisdiction to use the accused’s initials only in the circumstances of this case, such is common practice in Youth matters. However, the Board maintained the publication ban in this case pursuant to section 672.51 of the Criminal Code with respect to information relating to the accused’s childhood and adolescence in Lebanon and Syria. As the information covered by the publication ban was not relevant to the issues decided at the hearing, the Board did not include them in these reasons.

7. The documents filed included the most recent Disposition and Amended Disposition and the Reasons for that Disposition. The April 6th, 2025, hospital report was entered as Exhibit 1.

Index Offences

8. The nature of the allegations giving rise to the charges on the index offences is described as follows in the hospital report:

"The police report indicates that this fire occurred at Mr. Abboud's residence. He began to dig a hole in the floor of his unit and started a fire that began to take over the unit. Mr. Abboud then attempted to break down a door in unit 2 (he was in unit 4), stating, "there is a fire in my room." He was heard saying, "the house is on fire anyway," when leaving the building.

Reports from the other residents described that Mr. Abboud was constantly making a commotion. Another resident heard him yelling at someone. The unit 2 resident, living below, stated that Mr. Abboud had previously flooded the unit. In addition, he had reportedly broken his own bedroom window two days before.

January 8-25 2021 - fail to comply with conditions of release x 3

Mr. Abboud was released from jail on January 8 with conditions including reporting to the John Howard Society Bail Supervision Program. He was also to reside at 171 George St. Mr. Abboud did not attend his appointment with the bail supervisor, nor was he on the shelter's client registry. As a result, a First Instance warrant was issued. Mr. Abboud was arrested on February 3, 2021, after the police received information that he was at a particular address.

March 8, 2021 - Harassment by besetting or watching the place of residence x 2, Harassment by engaging in threatening conduct x 2, Fail to comply with conditions of release x 2

Mr. Abboud was then released on February 11, 2021, again under the JHS bail program. On March 8, 2021, at approximately 3 PM, he was found lingering around the front of an address on St. Laurent Boulevard, which was a single-family home. He was still lingering around the property two hours later and confronted Houssam Houssari as he came up his laneway, shouting, "What are you doing here? Why are you here? Do you have keys to this house?" Police were then called for the first time. They spoke with the accused and were satisfied that he would move along. In fact, he returned to the property at approximately 7:50 PM and was observed on CCTV footage walking around the property. He circled the vehicle in the driveway and was trying the door to get in. Police were called again but could not locate the accused. The accused then returned at 10 PM and stood in front of their property, yelling and pacing. He was shouting at them and making sexual gestures. Police were called and arrested the accused.

March 16, 2021- Assault x 2

Three calls for police service were made that day concerning Mr. Abboud. The first was early when the accused was identified as attending the McDonald's restaurant on 99 Rideau Street. He was spraying restaurant patrons and staff with hand sanitizer before leaving. The second call was at the Shepherds of Good Hope shelter. Mr. Abboud had allegedly attended requesting a bed and was told there were no beds available. Upon receiving this news from shelter staff, the accused became angry and kicked the shelter office door open. As the staff closed the door, the accused allegedly kicked the door open again into the staff member's chest. Mr. Abboud then moved to leave the shelter but got into a verbal argument with a female shelter client, pushing her away from him. However, she continued speaking with him, and Mr. Abboud allegedly punched her in the face and stormed out of the shelter. Shortly afterwards, the third call was received for a male walking on the 417 Highway exit ramp. Police attended and removed him and brought him back to the shelter, where they were informed that he was the individual responsible for the earlier assault. Mr. Abboud was taken into custody."

Personal History:

9. Mr. Abboud’s background and personal history are set out in detail in the hospital report dated April 6th, 2025 (Exhibit No. 1). Briefly summarized, Mr. Abboud was born and grew up in Syria. At age 17, Mr. Abboud left Syria to live in Lebanon. He studied political science in Lebanon and worked as a reporter at a newspaper. He comes from a sibline of five. He is the second eldest child; his eldest brother has Down syndrome. He has younger twin siblings, a boy and a girl, and a youngest sister. His father was a lawyer and worked for the military. His mother was an art teacher. His parents remained together and are still in Syria.

10. Mr. Abboud obtained private sponsorship as a refugee to Canada through the connections of a friend he made who worked at an aid organization in Lebanon. As a result, he came to Canada in January 2019.

11. Shortly after coming to Ottawa, Mr. Abboud met and moved in with a boyfriend. He reports that this was a man who was 50 years old and who was heavily into substance abuse. Mr. Abboud began working as a bartender, but he was laid off when the Covid-19 pandemic started.

Criminal History

12. Mr. Abboud has no prior criminal record.

Psychiatric History

13. Mr. Abboud had no formal psychiatric history before June 2020. On June 22, he was brought to the emergency department at the Montfort Hospital by police because he was talking to himself and yelling outside. The day before, his boyfriend had called the police and had him brought to the hospital because Mr. Abboud was running around the building naked, yelling at people. According to reports, he had used crystal meth for the first time on June 20. During his hospitalization from June 22-30, 2020, Mr. Abboud reported that he had been using crystal meth for the past month. In the hospital, he was noted to have disorganized speech as well as delusions and hallucinations. His boyfriend reported that over the previous three months, he thought that people were watching him and trying to hurt him and experienced threatening voices, which became worse when he used drugs. Mr. Abboud was discharged on oral Risperidone (an anti-psychotic). However, in the two days after that hospitalization, he did not sleep and was paranoid. Dr. Allen, who had been his psychiatrist during that admission, completed a Form 1. He was brought back to the hospital from July 3-10, 2020. His urine drug screen on readmission was positive for methamphetamines and MOMA. He was hearing voices and had not been eating or sleeping since discharge. The Risperidone was re-started, and his psychosis resolved five days into his admission.

14. He was admitted for a third time to the Montfort Hospital from September 26-30, 2020, after his ex-boyfriend called 911 because the patient was at his home threatening and being hostile. Mr. Abboud and his boyfriend had split up on Canada Day after that first hospitalization. He was re-started on Risperidone, which he had not been taking. He admitted to continued use of methamphetamines, amphetamines, and MOMA. Mr. Abboud reports that he had started using crystal meth in September 2019 because his boyfriend did. Initially, he was not using intravenously. The first time he used the crystal meth intravenously, he began hearing voices. He described this as hearing entire conversations. "They talk with me. I talk with them. We talk about everything." He thought people were talking about him and were trying to harm him because "Canadians don't like me." During his first admission, he was not feeling safe, and he was hearing voices talking about him. He felt terrified.

15. Mr. Abboud reports that after his discharge from the hospital on July 10, 2020, he was homeless but found a room on Daly Street and started living there. He reports that he did not use stimulants initially. He did take his medications for the first month but missed his follow-up psychiatric appointment, and then the voices became louder. He spent all his time alone in his room and was relatively isolated because of the pandemic. He reports that he did not trust doctors and stopped taking his medication prescribed for a physical condition. He was feeling traumatized and began believing he was in physical danger.

16. Mr. Abboud’s current diagnoses are:

• Other specified schizophrenia spectrum disorder – protracted amphetamine-induced psychotic disorder, single episode, in full remission.

• Amphetamine-type stimulant use disorder, in sustained remission

Evidence at the Hearing

17. The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. Melanie Strike. This evidence is summarized below.

18. Dr. Strike testified as follows. She stated Mr. Abboud is now employed as an Addictions’ Counsellor and deals with mental health and harm reduction with his clients. There has been no change in his mental health. He is living in the same accommodations as last year. Mr. Abboud now has a general practitioner who will assume care for him. Dr. Strike stated that there has been no destabilization in Mr. Abboud’s mental health in the last year.

19. In response to questions regarding the publication ban, it was noted that Mr. Abboud reported that he experienced traumatic incidents prior to moving to Canada.

The details of Mr. Abboud’s reported traumatic incidents were included in the report prepared for the court that found Mr. Abboud NCR and the court ordered the report sealed. During Mr. Abboud’s time under the jurisdiction of the Board, it has issued publication bans in relation to evidence about Mr. Abboud’s childhood and adolescence in Syria and Lebanon.

20. In response to questions from counsel for the Attorney-General, Ms. Dufort inquired about the fact that in August 2023 Mr. Abboud had stopped taking medication and did not inform the treatment team. Dr. Strike stated that he complied with drug testing and was working full-time and they assisted Mr. Abboud in coming off the medication.

21. The Case Manager at the Royal closed his file due to a lack of need for services. He also had his Salus file closed. Mr. Abboud did not want the stigma of having Salus going to a rental accommodation with him as he could do that on his own.

22. Dr. Strike stated that all of Mr. Abboud’s goals are being met in the community.

23. In response to another question, Ms. Dufort referred Dr. Strike to page 30 of the hospital report where it states if he failed to take his medication, he could become ill again, and Dr. Strike said that was an error and a cut and paste from last year’s report and he is no longer taking medications. Dr. Strike also stated that he will have access to a psychiatrist from the Byward Family Health Team. He will also continue to have care from the outpatient nurse Khadra Farah. When asked what people are aware of his illness, Dr. Strike stated his sister is. His family is all overseas. He also shared this with his employer and his co-workers in the mental health field. Dr. Strike was putting forward her opinion that he is surrounded by people who will know if he starts to decompensate.

24. When asked what the early detection indicators are, Dr. Strike said decreased sleep, paranoid thoughts and illogical thinking. Dr. Saeed is seeing him on a regular basis.

25. In response to questions posed to her by counsel for Mr. Abboud, she reiterated that he has housing and employment. He went to school on his own and organized that. He has gotten high marks. He is completely committed to staying abstinent and instructs his clients on the importance of abstinence from substances.

26. With respect to Mr. Abboud’s psychosis, there was only a single episode of psychosis and it is unknown whether or not it was related to the use of drugs or something else. Dr. Strike stated that Mr. Abboud has built a lifestyle inconsistent with drug use or criminality. He has no violent ideation, no preoccupation with the index offence and in fact he has shown guilt, shame and remorse regarding the victims of the index offence and he has resolved never to harm people again.

27. Dr. Strike did say that criminal behaviour could occur after several weeks or months of psychosis but again she said at the time that was brought about particularly by influence from a partner and the substance abuse.

28. In response to questions from a panel member, Dr. Strike reiterated that there was no family in Canada.

29. In response to further questions from the Alternate Chair, Dr. Strike was asked about the risk assessment which had been assessed as low to moderate. Dr. Strike was asked, given that his index offences were arson and criminal harassment, what is the assessment now. She stated that it would be very low but not zero because history is the greatest predictor of future behaviours and once there has been an index offence it could never be a zero. He has managed his stress, and he falls below the standard set out in the R. v. Winko decision.

30. When asked about the weight gain, Dr. Strike said there was some fatty infiltration in his liver which could cause the weight gain, but Mr. Abboud is happy with his weight at this time.

31. When asked about patients who are discharged after discontinuing the use of their medication, she believes in Mr. Abboud’s case he would take medication if needed to prevent another episode of psychosis which would be Abilify.

Submissions of the Parties

32. In final submissions, Dr. Strike, on behalf of the hospital, stated that Mr. Abboud is no longer a significant risk. He is off his medication, and he is prosocial, and it is her view that he should have an absolute discharge.

33. Ms. Dufort, on behalf of the Attorney-General, stated that after hearing the evidence she did not believe that the standard in the Winko test has been met and therefore the Board does not have the jurisdiction to do anything but grant Mr. Abboud an absolute discharge.

34. Ms. Brass was also in agreement that Mr. Abboud did not meet the threshold of significant risk. There was no criminality, no substance abuse and therefore he should be granted an absolute discharge.

Conclusion and Disposition

35. Having considered all the evidence tendered at the hearing including his ability to work in the mental health field and live on his own as well as the joint submission of the parties, the Board finds that Mr. Abboud no longer poses a significant threat to the safety of the public as defined in s 672.5401 of the Criminal Code of Canada, and as further defined in the Winko decision. The Board, therefore, grants Mr. Abboud an absolute discharge. We congratulate him and wish him well in the future.

DATED this 21st day of July 2025, at the City of Toronto, in the Toronto Region.

Ms. M.L. Bridger Legal Member

Office of the Registrar Ontario Review Board