Re: Mohamed Abdikarim
ORB File No: 4300
Hearing held on: Wednesday, June 11, 2025
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5^th^ Campus Hamilton, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Maunder
Members: Dr. P. Prendergast Dr. G. Stones Mr. R. Bigelow Mr. A. Mete
Parties Appearing:
Accused: Mohamed Abdikarim Counsel: Mr. A. Rai
The Person in Charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated: July 25, 2025)
Introduction
On October 6, 2005, Mohamad Abdikarim was found not criminally responsible on Criminal Code charges of robbery (x3), possession of property obtained by crime under $5,000 (x2), fail to comply, theft under $5,000 and theft over $5,000. At the time of the hearing, Mr. Abdikarim was subject to an order detaining him at St. Joseph’s Healthcare Hamilton, with privileges up to and including living in the community in approved and supervised housing. On June 11, 2025, the Board convened to conduct an annual review of Mr. Abdikarim’s disposition.
The parties all agreed that the necessary and appropriate disposition was a continuation of the detention order under the same terms with only one change – that the community living privilege no longer specify that housing needed to be supervised. For the purposes of this hearing, significant threat was not contested by Mr. Abdikarim. Thus, we had a joint submission. For the reasons set out below, the panel found that the evidence established that Mr. Abdikarim remained a significant threat and we agreed that a detention order remained necessary and appropriate under the same terms but for now allowing the hospital to consider approving housing that is not supervised.
The Index Offences
On March 26, 2004, Mr. Abdikarim snatched a woman’s purse and after a struggle ran off with it. By the time the police caught up with him, he no longer had the purse but had pocketed a credit card.
On March 30, 2004, Mr. Abdikarim took a car for a test drive and “sped away”. He then put gas in the car and left without paying. After blowing a tire on a curb, he called a tow truck and asked them to tow it to an address that, we infer, was not where he had taken the car.
The same day, Mr. Abdikarim went into a bank and gave a teller a note that read:
This is a robbery. Hand me $10,000 now or I will shoot you all down, immediately. I am armed and I’m carrying a bomb. $10,000 now, go, no ink packs too, or else.
The teller gave him $2,600 and he fled. He was found that evening in a limousine with money, electronic equipment and clothing.
- On July 14, 2004, while on bail, Mr. Abdikarim again went to a bank and handed the teller a note:
This is a robber, give me $5,000 (five thousand dollars), or I will start shooting u first, I also have a bomb, be quickly and no ink packs, I am serious.
The teller told him that he would have to get money out of the central dispensing unit before walking away. Mr. Abdikarim left the bank with his note. He was found soon after with the note in his pocket.
Background / Context
Mr. Abdikarim is 42 years old. He was born in Mogadishu, Somalia and spent his early years in Saudi Arabia before moving to Canada at the age of four with his mother and siblings. His father (now separated from his mother) kept working in Saudi Arabia and joined them later.
Mr. Abdikarim engaged in some conduct disordered behaviours in his youth – theft, truancy, fighting, and threatening others with a pocketknife. He did not finish high school. He has held jobs but nothing for any duration since he was young.
Mr. Abdikarim’s first psychiatric contact was when he was 13 years old. He said he was hearing voices, and he was paranoid and behaving strangely. He had a one-week admission to hospital when he was 20 years old. He said he had been experiencing auditory hallucinations for two years. He was guarded and confused. He stabilized on antipsychotic and mood stabilizing medication.
Mr. Abdikarim’s history of substance use (prior to coming under the jurisdiction of the Board) is unclear – his reports were inconsistent and, by his own account, manipulative.
Between 2004 and 2024, Mr. Abdikarim was subject to a detention order at the Centre for Addiction and Mental Health (CAMH). He demonstrated no symptoms of psychosis but had clear antisocial personality traits. He experienced cyclical mood episodes of depression and hypomania. His episodes of hypomania were notable for disinhibition and, in combination with his personality features, manifested with alcohol use, reactiveness, demonstrations of entitlement, rule breaking, theft, bullying and, in later years, sexually inappropriate behaviours.
During his 20 years at CAMH, Mr. Abdikarim was discharged to live in the community (under a detention order) several times without prolonged success. The first couple of times, Mr. Abdikarim was discharged to live with his family. Although he is close with his family, he also feels pressure from them, leading to stress and then conflict. He was next discharged to an independent apartment (as he preferred) but was unable to manage the associated responsibilities. At a group home, we didn’t pay his rent, broke the rules about smoking raising concerns about fire risk, and engaged in inappropriate sexual behaviours.
On each occasion, Mr. Abdikarim’s return to hospital came about because he asked to be readmitted or he engaged (or, it seems, lied about having engaged) in conduct, often alcohol use, designed to ensure his readmittance. In hospital, Mr. Abdikarim responded well to the structure and reduction in stress.
In 2019, after two years in hospital, Mr. Abdikarim was discharged once again to live with family – this time his mother. He lasted longer – almost three years. He was readmitted in the context of increased alcohol use, some signs of other substance use, poor medication compliance and mood swings. The police brought him to hospital after he was found drunk in a park. He was diagnosed with alcohol use disorder.
Since 2017, Mr. Abdikarim has been on a waiting list with the Coordinated Access to Supportive Housing (CASH).
During these years, when stable, Mr. Abdikarim enrolled in school and found jobs but on each occasion quit within weeks or a couple of months.
Mr. Abdikarim was transferred to St. Joseph’s in January 2024.
The Current Year
Dr. Wesley Sutton, Mr. Abdikarim’s psychiatrist since his transfer, testified at the hearing. He had read and adopted the Hospital Report.
Mr. Abdikarim’s current diagnoses are bipolar disorder, unspecified, substance use disorder, in remission in a controlled environment, and antisocial personality disorder. Dr. Sutton testified that because Mr. Abdikarim has never presented with overt mania, he views the long-standing diagnosis of bipolar disorder with some skepticism. Nonetheless, Mr. Abdikarim clearly experiences mood instability that impacts on his risk. He also wants to remain on mood stabilizing medication and the medications may have some protective benefit.
Dr. Sutton noted that Mr. Abdikarim’s mental state had been quite stable. Although he had continued to experience mood and behaviour fluctuations, fewer problematic behaviours were associated with his moods. He had not been aggressive. His sleep hygiene had improved. He used alcohol twice while on passes but overall, he engaged in less rule breaking and substance use than he had at CAMH. He also agreed to participate (again) in addiction counselling.
Mr. Abdikarim and his family have continued to have a different perspective from the team regarding the expectations around communication and rules for passes. The failure to abide by the rules and expectations has had negative consequences for Mr. Abdikarim’s progress through the system. The team has been working with Mr. Abdikarim’s family to improve communication and understanding.
Mr. Abdikarim remained in hospital throughout the year, but the team’s goal is to discharge him. Last year’s disposition did not permit him to live in the community in anything other than supervised housing. He has been on several waitlists. The hospital would like to have the option of more independent housing and that is Mr. Abdikarim’s preference as well (although he would consider living with his father). The team is encouraging Mr. Abdikarim to greater independence and are working with him to improve certain skills (associated with independent living) to enhance his chance of success, assuming they can find an appropriate independent living situation.
Significant Threat
- The panel was satisfied that Mr. Abdikarim remained a significant threat to the safety of the public. We accepted the evidence set out in the Hospital Report that Mr. Abdikarim is a low to low-moderate risk in the context of a detention order but would be a significantly higher risk in the context of a conditional discharge or absolute discharge. Mr. Abdikarim continues to experience fluctuations in his mood (likely triggered by stress). He becomes overwhelmed and uses substances. He becomes disinhibited. For many years, he has been in hospital or under a detention order and closely supervised, such that the team has been able to intervene quickly when he deteriorates. Without such intervention, Mr. Abdikarim would worsen, and his risk of violence would escalate. Mr. Abdikarim would pose a real risk of causing serious physical or psychological harm. We found he remained a significant threat to the safety of the public.
Necessary and Appropriate Disposition
- The panel concluded that the necessary and appropriate disposition was a continuation of the detention order on the same terms as last year with the one change jointly recommended by the parties - to allow living in the community in approved, but not necessarily supervised, housing. Although Mr. Abdikarim likely needs significant support to successfully transition to the community (given his history), we were confident that the necessary support might be provided in ways other than supervised housing. The treatment team and the hospital were well positioned to assess and balance Mr. Abdikarim’s needs with the reality of limited supportive housing available. We were satisfied that this could be done without putting the safety of the public at undue risk.
DATED this 25^th^ day of July 2025, at the City of Toronto, in the Toronto Region.
Leslie Maunder Alternate Chairperson
Office of the Registrar Ontario Review Board