Re: Surafiel Tewelde
ORB File No: 8687
Hearing held on: Monday, June 9, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. R. Wood Hill Dr. L.O. Lightfoot Ms. L. Banks Mr. J. Cyr
Parties Appearing: Accused: Surafiel Tewelde Counsel: Mr. J. DiCecca The person in charge of hospital: Counsel: Mr. K. Dow Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated July 28, 2025)
On November 8, 2024, Mr. Surafiel K. Tewelde was found not criminally responsible by reason of mental disorder, on six charges of sexual assault, one charge of assault and one attempt theft/accessory to offence. A Warrant of Committal was issued stating that Mr. Tewelde be “detained at the Centre for Addiction and Mental Health when a bed becomes available”.
On Monday, June 9, 2025, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health (“CAMH”) and conducted the initial Disposition hearing.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Mr. Dow appeared for CAMH. He advised of the hospital position that Mr. Tewelde remains a significant threat to public safety, and if the Board agrees, CAMH is recommending a Detention Order to the Forensic Service at CAMH with privileges up to community living.
In response to a question from the Alternate Chair, Mr. Dow repeated the hospital’s position that the Detention Order should simply be to the Forensic Service.
Mr. Feindel appeared for the Attorney General. Mr. Feindel supported the hospital’s recommendation.
Mr. DiCecca appeared for Mr. Tewelde. Mr. DiCecca acknowledged that at the present time, his client remains a significant threat to public safety as that term is used in the jurisprudence. Mr. DiCecca noted that there had been a lengthy delay between the finding of not criminally responsible and today’s date. Mr. DiCecca noted that he was only retained in April 2025 to deal with this matter and it was not clear to Mr. DiCecca as to the reason for the delay of this initial hearing.
Index Offences:
- "The following review of charges were extracted from ‘Synopsis for Plea’ report:
Sexual Assault – December 7, 2023
At 8:01 am on December 7, 2023, the female victim (E.A.M.) was walking westbound on College and Robert Street. Mr. Tewelde was walking southbound on Robert Street and then eastbound on College Street. He was walking towards the victim, so she decided to move out of his way. Mr. Tewelde moved to the side as well. He was in front of the victim and proceeded to touch her breast and stomach many times. He was reportedly laughing while touching her. The victim was able to move to the side, and Mr. Tewelde proceeded eastbound on College Street.
Sexual Assault x 2 – December 7, 2023
Between 8:10 and 8:15 am on December 7, 2023, the first female victim (M.M.) was present outside of a Starbucks at the south side of College Street, near Beverly Street. She walked westbound towards Spadina Avenue and observed Mr. Tewelde walking towards her and acting in an erratic manner. The victim tried to avoid being in close proximity to Mr. Tewelde, which resulted in him stretching out his arm and grabbing her breast. He was heard by the victim laughing weirdly. The victim pushed him away and shouted, “Don’t touch me!” before Mr. Tewelde continued walking east along College Street.
At approximately 8:17 am, the second female victim (N.B.) was walking westbound on College Street in the area of King College Road when Mr. Tewelde ran up to her and placed one hand on her breast and one on her buttocks. He was confronted by a University of Toronto staff member that was walking behind the victim. The staff member told Mr. Tewelde “Stop!” Mr. Tewelde responded by pushing the individual to the ground. He then ran past the individual towards the Queens Park Subway.
Sexual Assault – December 7, 2023
On December 7, 2023, at approximately 8:20 to 8:30 am, the female victim (J.P.) was in the area of College Street and Beverly Street (outside 229 College Street). She was walking up the stairs when she felt something touch her buttocks. The victim saw Mr. Tewelde behind her touching her buttocks. The victim confronted him, and he fled eastbound on College Street.
Sexual Assault – December 7, 2023
At 8:41 am on the morning of December 7, 2023, Mr. Tewelde was alleged to have walked past the female victim (C.C.) at Yonge and Gerrard Street. He allegedly reached out and grabbed the victim’s left breast and squeezed it over her coat. He continued walking in the opposite direction from the victim. Police received information of two separate but similar incidents in the area for which Mr. Tewelde had just been arrested and released with no charges prior to this incident. He was rearrested after this incident. Once video of the sexual assault was obtained, police determined that it was the same person responsible for all three incidents.
Sexual Assault – December 7, 2023
At 9:03 am on December 7, 2023, Mr. Tewelde walked eastbound on College Street towards the female victim (A.G.). The victim made an attempt to get out of his path. As she did so, Mr. Tewelde allegedly approached her, bent low, and grabbed her by the left arm as a means to hold her in place while he groped her breasts and crotch area with his right hand. While doing so, he uttered “Ooooo” and then continued walking eastbound on College Street. At 1:12 pm, his appearance matched the description provided by the victim on CCTV. He was then charged with Sexual Assault while already in custody.
Robbery / Assault with Intent to Steal – December 7, 2023
On Thursday, December 7, 2023, Mr. Tewelde was alleged to have chased the female victim (Ms. V.T.) as she exited St. George Subway Station. He allegedly grabbed her purse and attempted to rip it from her. She fell to the ground and sustained minor injuries. Mr. Tewelde then fled the area and was arrested a short time away at 9:43 am. He was transferred to 53 Division where he was held pending a bail hearing. By way of background, Mr. Tewelde was arrested for assault on the same date in 52 Division. The complaint was that he had been running down the street near University and College punching women in the stomach. There were no complainants when officers arrived, so he was released with no charges.”
Evidence at Hearing:
The Board admitted into evidence a number of documents, most of which had been filed in the court proceeding. In addition, the Board admitted into evidence, the Hospital Report dated May 26, 2025. The Hospital Report provides a great deal of information about Mr. Tewelde, his personal history, his mental health history, and details of the index offences. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report.
We do note, however, the diagnoses of:
Schizoaffective Disorder
Stimulant, Cannabis and Opiate Use Disorders
In addition to the documentary evidence, the Board heard from Dr. Ali. The Hospital Report provides some personal history. We understand Mr. Tewelde was born in Eritrea. We also note from the Hospital Report that at the age of 13, Mr. Tewelde moved with his mother and brother from Eritrea to Uganda. They remained in Uganda for a number of years and at age 21, Mr. Tewelde, his mother and older brother immigrated to Toronto.
It appears that Mr. Tewelde was first diagnosed with psychosis at age 19. Apparently, Mr. Tewelde continued to experience symptoms of psychosis. There were attendances at mental health hospitals and on occasion stays in hospital. We note, for example, Mr. Tewelde was in Humber River Hospital from April 6-13, 2022. We also note other inpatient visits to that hospital and to North York General over a considerable period of time.
In addition to the documentary evidence, the Board heard from Dr. Ali. It appears that Mr. Tewelde was transferred to CAMH early in January of this year. At that time, Dr. Ali became his attending psychiatrist.
Dr. Ali confirmed the diagnoses. The doctor noted that Mr. Tewelde has been treated with the appropriate medication and that his symptoms are “very well controlled”. Dr. Ali described Mr. Tewelde’s insight as “partial”. He accepts that he does have a mental illness and he further accepts that his mental illness led him to carry out the events of the index offences.
Since his arrival at CAMH, Mr. Tewelde has been detained in the Forensic Assessment and Triage Unit (FATU) which is considered to be a Secure Forensic Unit.
Dr. Ali repeated that her patient “is doing well”. Dr. Ali clarified that he has been at CAMH since January 26, 2025. Dr. Ali noted that it is likely that Mr. Tewelde will be moved out of the Forensic Assessment and Triage Unit should the Board direct detention to the Forensic Service at CAMH.
Dr. Ali noted that, in fact, Mr. Tewelde currently is “likely suitable” for detention in a General Forensic Unit.
Since Mr. Tewelde has been detained at CAMH pursuant to the Warrant of Committal, the hospital has not been able to issue any type of passes or privileges to Mr. Tewelde.
The doctor opined that Mr. Tewelde remains a significant threat to public safety. She noted the serious events of the index offences and that Mr. Tewelde also has a history of medication noncompliance.
Mr. Dow drew Dr. Ali’s attention to the recommendation that our Disposition should include community living. Dr. Ali stated that Mr. Tewelde is “likely ready” to move into the community at some point during the next 12 months. Dr. Ali also noted that once Mr. Tewelde moves out of the Assessment and Triage Unit, housing will thereafter be immediately explored.
In response to questions from Mr. DiCecca, Dr. Ali noted that her patient had been living with his mother. She also noted that his mother is a frequent visitor to the hospital.
In response to questions from panel members, Dr. Ali stated her opinion that Mr. Tewelde’s threat to public safety could be managed should the Board direct a Detention Order to a General Forensic Unit. Dr. Ali noted that Mr. Tewelde has not “been tested” by receiving any form of passes given that he has been detained to date pursuant to a Warrant of Committal that does not provide for any passes.
In response to further questions from Mr. DiCecca, the doctor repeated that Mr. Tewelde has been doing very well and that typically CAMH would prefer to see a patient utilize various passes appropriately before moving that patient to a General Forensic Unit.
In response to further questions from panel members, Dr. Ali repeated that there has been absolutely no inappropriate conduct including sexually by Mr. Tewelde since his arrival at CAMH in January. Dr. Ali also opined that it is likely that Mr. Tewelde’s inappropriate sexual behaviours were driven by his psychosis.
Finally, in response to a question from another panel member, Dr. Ali repeated that public safety would not in any way be compromised should the Board direct detention on a General Forensic Unit.
Dr. Ali also noted that there is currently a waiting list for a bed on a General Forensic Unit but the doctor was unable to advise as to any expected length of time before a bed would become available.
No other evidence was heard at this hearing.
Final Submissions:
The Alternate Chair noted that the parties were in agreement that Mr. Tewelde remains a significant threat to public safety. The panel did want submissions as to the necessary and appropriate Disposition in this case and, in particular, whether the necessary and appropriate Disposition is, or is not, a Detention Order on a General Forensic Unit.
Both Mr. Dow and Mr. Feindel noted that “the usual path” is for the patient to successfully use certain passes before the hospital would support a transfer to a General Forensic Unit. For that reason, they both were requesting that the Board’s Disposition simply be directed to the Forensic Service.
Mr. DiCecca submitted that based on the evidence and Dr. Ali’s statements on a number of occasions that Mr. Tewelde’s threat to public safety could be safely and appropriately managed with a Detention Order on a General Forensic Unit, this recommendation seemed appropriate.
Findings of the Board:
The Board accepts without reservation that Mr. Tewelde remains a significant threat to public safety. The Board also has concluded that the necessary and appropriate Disposition is a Detention Order to a General Forensic Unit. The panel appreciates that Mr. Tewelde has not “been tested”. On the other hand, Mr. Tewelde is not responsible for that delay of time nor should he be held back for that reason.
Accordingly, the Board will issue a Disposition directing that Mr. Tewelde be detained in a General Forensic Unit at CAMH and that he receives privileges up to and including living in the community in approved accommodation. Our Disposition shall also direct Mr. Tewelde to abstain from the non-medical use of alcohol or drugs, a requirement to provide samples of urine and breath and an order directing that Mr. Tewelde not possess weapons. We also direct a reporting requirement if and when he moves into the community of not less than once every two weeks.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Tewelde’s mental condition and his other needs, and Mr. Tewelde’s reintegration into society.
DATED this 28th day of July, 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson
Office of the Registrar Ontario Review Board