Ontario Review Board
Re: Haitham Abed
ORB File No: 8145
Hearing held on: Thursday, July 3, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(2) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle Members: Dr. K. Hand Dr. M. Kalia Ms. N. Nathanson Mr. K. Brisson
Parties Appearing:
Accused: Haitham Abed Counsel: Ms. E. Holder
The person in charge of hospital: Counsel: Ms. J. Szabo
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated August 1, 2025)
Introduction
On June 15, 2022, Haitham Abed was found not criminally responsible on account of mental disorder on charges of mischief – not exceeding $5000, assaulting peace officer with weapon/causing bodily harm, assault with a weapon, and killing or injuring animals other than cattle, all contrary to the Criminal Code.
At the time of the hearing on July 3, 2025, Mr. Abed was an outpatient with the Forensic Outpatient Service (FOS) and he was subject to a January 22, 2025 Ontario Review Board disposition ordering a conditional discharge.
On April 23, 2025, the Board received notice from the hospital requesting an early review for Mr. Abed. The notice letter stated:
During Mr. Abed’s last annual review in January 2025, it was the hospital’s position that a request for an early board hearing would be considered based on Mr. Abed’s progress as it related to his treatment regimen; either remaining on Invega Trinza or doing well on Abilify long-acting injection (LAI). Mr. Abed has agreed to continue with his Invega Trinza since Abilify LAI is not available in Iraq. Dr. Wang at Scarborough Health has met with Mr. Abed and he remains willing to provide psychiatric care to Mr. Abed once his is absolutely discharged.
The Board set a date for the early review to be held on June 3, 2025. However, on that date, the matter was adjourned because Dr. Bhullar had a medical emergency and was unable to attend. The matter was rescheduled to July 3, 2025.
On July 3, 2025 the Board convened at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) to conduct a review pursuant to s. 672.81(2) of the Criminal Code and to make a disposition pursuant to s. 672.83 of the Criminal Code.
Preliminary Matter
- The Board noted that an Arabic interpreter was indicated on the hearing schedule. However, upon inquiry, Mr. Abed’s counsel, Ms. Holder, indicated that no interpreter was required.
Position of the Parties
The parties all supported an absolute discharge.
At the conclusion of the evidence and submissions, the Board ordered that Mr. Abed be discharged absolutely.
Index Offence
- Last year’s Reasons for Disposition provide a summary of the index offences. This summary is set out in the current hospital report dated May 15, 2025.
Mr. Abed rented a room at 427 Dufferin Avenue in London, Ontario. On August 27, 2021 at approximately 0800 hours, Mr. Abed was observed by his roommate throwing garbage around outside. The roommate requested Mr. Abed to stop, and Mr. Abed refused and shouted obscenities at her. Mr. Abed’s roommate exited the residence in fear of Mr. Abed. She spoke to a neighbour and decided to call police for help.
While waiting for the police to arrive, Mr. Abed exited the residence while he was carrying a knife. He set the knife down and started to dismantle the front porch by ripping up several wooden floorboards. He also emptied the contents of several garbage bins and threw old car tires onto the front lawn, driveway, and street.
A neighbour attempted to intervene and asked Mr. Abed to stop. Words were exchanged, and Mr. Abed tore off the front railing and threw it at the neighbour, and nearly struck him. Another neighbour attempted to intervene and was assaulted by Mr. Abed. Community member came forward and observed the incident. The individual who was assaulted wished to remain anonymous.
Prior to police arrival, Mr. Abed paced around the area, carrying a baluster (wooden spindle) in each hand while waving it around. As community members walked into the area, Mr. Abed became fixated towards them; he walked towards them while holding the balusters in his hands. As vehicles drove down the street, Mr. Abed walked on the roadway towards the vehicles holding the balusters in his hands. Multiple officers responded into the area. Canine Officer M. Tountas and Police Service Dog Max were first to arrive and attempted to deescalate Mr. Abed and asked him to stop. Mr. Abed refused to follow Officer Tountas commands and advanced toward him and the police service dog with balusters in hand. Mr. Abed struck the police service dog in the head and body. In order to protect the police service dog and take control of Mr. Abed, Officer Tountas attempted to take physical control of Mr. Abed. Mr. Abed then struck Officer Tountas with the baluster once on his left forearm and once on his left wrist.
Multiple officers arrived on the scene. At this juncture, Mr. Abed walked past a parked police cruiser and struck it with a baluster causing some damage. Subsequently, a conducted energy weapon was deployed against Mr. Abed. He was arrested and taken into custody. After the arrest, Mr. Abed was transported to Victoria Hospital to be medically cleared and was cleared the same morning.
Mr. Abed was transported and accepted into the cells by a sergeant. When Mr. Abed was taken to the fingerprint room he was advised by a cadet he would be removing his mask to obtain a photo. At this point, Mr. Abed spat in the direction of Cadet Worby; sputum striking him on the left arm.
The total damage sustained was $4050. The police service dog Max sustained soft tissue damage to the left shoulder and forearm and a cut to his gumline. Officer Tountas sustained soreness and abrasions to his left wrist and forearm.
Current Diagnoses
- Mr. Abed is diagnosed with schizophrenia as set out in the hospital report, entered as Exhibit 1 at the hearing.
Background
The hospital report contains information regarding Mr. Abed’s personal, psychiatric and criminal background and should be referred to for detail.
Mr. Abed is a 37-year-old-man who was born in Iraq. The Reasons for Disposition dated February 24, 2025 outline Mr. Abed’s background as follows:
He immigrated to Canada when he was either 15 or 22 years of age – the exact date is uncertain. Mr. Abed has reported he attended school for English as a second language from 2010 to 2013.
Mr. Abed reports that he worked in the food service industry until he injured a finger in 2014 while working as a butcher. That injury resulted in his loss of employment and, according to him, was coincident with the onset of his mental health difficulties. Thereafter, with the benefit of antipsychotic medication he was able to work at various labour-type endeavours but never on a full-time basis due to the sedating effects of the medications.
Following the index offences Mr. Abed was diagnosed with schizophrenia and that is the diagnosis today.
Mr. Abed’s only criminal conviction appears to be for mischief over $5,000 in August of 2019. He received a conditional discharge and probation of 12 months. Other charges of arson and mischief under $5,000 were withdrawn.
There is no history given by Mr. Abed of using alcohol or illicit substances and he denies the use of same. Notwithstanding this, a discharge diagnosis from the North York General Hospital in December of 2019 included schizophrenia, cannabis use disorder, and substance induced psychosis. There is no other reference to a high use of substances.
A review of Mr. Abed’s medical records prior to the index offences indicates that he was involuntarily admitted to hospital for psychiatric assessment five times prior to the index offences. From at least 2015, he had been seeing a Dr. Bhzadi, a community psychiatrist in Scarborough, who provided him with antipsychotic medication with which he was not always compliant.
Following Mr. Abed’s admission to hospital after the index offence he was restarted on intramuscular Invega Sustenna medication, and he continued to live in the community in an independent apartment and continued to work.
Mr. Abed continues to have a close relationship with his family who live in Iraq.
At the January 13, 2025 annual review, the hospital had initially been planning to recommend an absolute discharge. However, about a week before the hearing Mr. Abed became concerned about perceived side effects from the long-acting injectable medication he was receiving (Invega Trinza). Mr. Abed was of the view that this medication was interfering with his sexual function despite the advice from Dr. Bhullar that this medication did not have this type of side effect and despite the fact that while on this medication, he spent a month in Iraq with no such side effects. He requested to change to, Abilify Maintena. Dr. Bhullar had concerns about the effects of the transition and whether Abilify would even be effective for Mr. Abed. Dr. Bhullar was also concerned about the potential for noncompliance and resulting decompensation relating to the change in medication. She recommended further time on a conditional discharge to monitor the effects of the transition to Abilify. As a result, the hospital changed its recommendation to one of a continuation of the conditional discharge.
The Board agreed with the Hospital and stated in its Reasons for Disposition, dated February 24, 2025:
When Mr. Abed learned that the treatment team was no longer recommending an absolute discharge, he then expressed his willingness to continue with Invega. It was obvious to Dr. Bhullar that this change in his position was so that he could achieve an absolute discharge. This is another reason why the hospital takes the position that Mr. Abed is a significant threat to the safety of the public, as it is an indication of his conviction that prescribed antipsychotic medication is causing his sexual dysfunction despite medical advice to the contrary and despite normal sexual functioning for the entire time that he was in Iraq while taking Invega.
It is a major concern of Dr. Bhullar’s that he would not stay on his medication if absolutely discharged.
The hospital’s plan is that while Mr. Abed is under the Review Board’s jurisdiction and on a conditional discharge disposition, a change from Invega to Abilify could take place in a controlled manner. If a change to Abilify results in a deterioration of his mental state, either during the transition from one medication to the other or whether it is ineffective in treating Mr. Abed’s illness, that risk can be managed under a conditional discharge and the Mental Health Act would be adequate to respond to any deterioration of his mental state.
As the hospital has already confirmed that Invega Sustenna is available in Iraq it would have to determine if Abilify is available there too. If Mr. Abed is absolutely discharged, he could arrange for a community psychiatrist to make the change from Invega to Abilify; however, Dr. Bhullar points out that if Mr. Abed was under a Board disposition it would require him to meet regularly with them, but he has no obligation to do that under an absolute discharge. Furthermore, while a transition is taking place to a new medication the hospital’s team can provide more complete and full oversight that is not available in a civil setting.
Evidence at the Hearing
- The Hospital Report includes a recent update since the last hearing at pages 20-23:
Mr. Abed has continued to live successfully in the community since his last annual hearing in January 2025. He has continued to be engaged in employment and has maintained his independent apartment. He has continued to have daily contact with his family in Iraq and has been social with friends.
Mr. Abed has had contact with the Forensic Outpatient Service (FOS) not less than once every two weeks dictated by his current Ontario Review Board Disposition. He has also made himself available for additional contacts upon request. Visits have occurred at Mr. Abed’s residence and at Ontario Shores Centre for Mental Health Sciences (Ontario Shores).
During contacts with the treatment team, Mr. Abed has been pleasant and easily engaged in conversation. Since his last ORB hearing, Mr. Abed consistently denied thoughts to harm himself or others. He has denied any presence of any symptoms, including visual hallucinations, disordered or paranoid thinking or a preoccupation with the number fourteen. Mr. Abed agrees with his diagnosis of schizophrenia and acknowledges how important medication compliance is in maintaining his wellness.
After the last ORB hearing (January 2025), the treatment team was able to confirm that Ability (sic) Maintena is not available in Iraq. When this information was relayed to Mr. Abed, he made the concrete decision to continue with the Invega long-acting injection, citing that he can receive this in Iraq when he decides to return to live there. To date, Mr. Abed has received two doses of Invega Trinza since his last hearing. Additionally, Mr. Abed appreciates that it is less likely that Invega has impacted his sexual functioning, since he did not encounter such issues during his month-long trip to Iraq in 2024. To his credit, Mr. Abed recently registered himself with a family doctor and is working with them to investigate this further.
In planning for an Absolute Discharge, Mr. Abed was referred to Scarborough Health Network (SHN) Outpatient Mental Health Services. He has met with his treatment team there twice, which consists of a psychiatrist and a case manager. The FOS has confirmed that the SHN team are ready and available to continue working with him once he is absolutely discharged from the Ontario Review Board.
On July 3, 2025 Dr. Bhullar provided evidence for the Hospital. She explained the change in the hospital’s position prior to the last annual review. She stated that Mr. Abed remains stable and understands that without medication, he will become psychotic. He is no longer interested in switching his medication to Abilify but is content to remain on Invega. He has experienced improvement to his sexual symptoms. He has been forthcoming with friends, by providing them with the contact information of his treatment team. He has recently registered with a family doctor. Through the Scarborough Health Network, he will work with Dr. Wang who will assist him in organizing the timing and delivery of his injectable medication. If he wishes to move to Iraq, Dr. Wang will assist him in his transition to Invega Sustenna (monthly injections) as that is the type of Invega available in Iraq.
Dr. Bhullar stated that the treatment team is of the unanimous opinion that Mr. Abed’s violence risk factors have been mitigated and he no longer meets the definition of significant risk to the safety of the public.
Closing Observations
All parties supported an absolute discharge. Counsel for the hospital and the Ministry of the Attorney General wished Mr. Abed well for the future.
Ms. Holder, counsel for Mr. Abed, highlighted that Mr. Abed has been stable on Invega Trinza, he is working and sharing information with his friends, he is compliant with treatment and agreeable to follow-up with Dr. Wang and the Scarborough treatment team.
Analysis and Decision
In determining whether Mr. Abed continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
The Board unanimously finds that Mr. Abed no longer poses a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Bhullar.
The Board has taken into consideration the following factors that mitigate risk to the public. Mr. Abed is
treatment compliant (long acting injectable) on anti-psychotic medication
mentally stable
has insight into his illness and the need for medication
agreeable to maintain follow-up with Dr. Wang and the Scarborough treatment team
engaged in employment
living successfully in the community
has social contacts
is in regular contact with family in Iraq
- Given the Board’s finding that Mr. Abed no longer poses a significant threat to the safety of the public he must be absolutely discharged and the Board so orders.
Conclusion
- In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Bhullar and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Abed’s mental condition, his reintegration into society and other needs.
DATED this 1st day of August 2025, at the City of Toronto, in the Toronto Region.
Ms. N. Nathanson Legal Member
Office of the Registrar Ontario Review Board