Re: Salih Mashio
ORB File No: 7826
Hearing held on: Tuesday, June 17, 2025
Place of hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal
Members: Mr. G. Beasley Dr. G. Eayrs Dr. Y. Alatishe Ms. R. MacIntyre
Parties Appearing:
Accused: Salih Mashio Counsel: Ms. K. Macrae
The person in charge of hospital: Representative: Dr. J. Gray
Attorney General of Ontario: Counsel: Ms. C. Breault
REASONS FOR DISPOSITION
(Dated August 6, 2025)
Introduction:
Salih Mashio, age 66, was found not criminally responsible on account of mental disorder on charges of uttering threats to cause death or bodily harm, and assault with a weapon (x3) contrary to the Criminal Code.
On June 17, 2025, Mr. Mashio appeared before the Ontario Review Board (the Board) at Brockville Mental Health Centre (the Hospital) for his annual hearing.
The following Exhibits were entered:
Hospital Report dated May 7, 2025
Victim Impact Statement (the victim was not present. The Crown Counsel read the Statement).
CPIC Printout
Preliminary Positions
In preliminary positions all parties advanced that significant threat to the safety of the public was made out. The hospital and Crown counsel sought no change to the Disposition Order. The patient’s counsel, Ms. K. Macrae, wanted to ask some questions.
During the hearing it was noted by a Board Member that the wording of paragraph 4(e) appeared to contain an error. It reads:
“Not attend the city of Ottawa, Ontario, except when travelling directly without stopping, upon first obtaining approval by the person in charge of the Brockville Mental Health Centre – Member of the Royal Ottawa Health Care Group, or his or her designate.”
- All parties were of the view that the paragraph, which is aimed at * no visits to the patient’s family house or any house that Mr. Mashio’s former spouse, Carmen Poirier, subject to 4(b), or the couple’s daughter, Maleikah Mashio. The paragraph should be worded:
“… not enter the City of Ottawa, Ontario.”
- No one could think of any reason for Mr. Mashio to attend Ottawa.
Index Offence(s):
- Last year’s reasons quote the circumstances surrounding index offences as follows:
“Mr. Mashio was at his home on the evening of February 25, 2020, and his daughter, Ms. Maleikah Mashio, was in the basement. His wife and son had left the home one or two hours earlier. At 20:21, Mr. Mashio’s daughter called her mother stating that she was feeling scared because Mr. Mashio was calling her names through the door, saying things like “get out” and “don’t live here”. Mrs. Poirier agreed to return home, and his daughter waited for Mr. Mashio to go upstairs and then collected her boots and jacket to leave the home. Maleikah was concerned that Mr. Mashio was going to beat her up or push her around and could hear him “throwing things around in the kitchen”.
Maleikah exited the front door of the home at about 20:34 and was only a few steps onto the porch when Mr. Mashio came outside with a twelve-inch kitchen knife in his hand, holding it over his head. Mr. Mashio stated, “I’m going to kill you” to his daughter. She screamed and ran to a neighbour’s house, finding an unlocked door and going inside. The police were called, and she could see that her father continued to stand on the porch.
Mrs. Poirier and her son returned home, parked and exited the vehicle, and walked towards the house. After approximately five steps from the car, Mr. Mashio charged out of the house towards them, appearing angry and aggressive while flaring his arms in the air. Mr. Mashio was holding a twelve-inch knife in his hand above his head. He was shouting, “Get out of my house! Get out! Get out!”, and said, “Kill me”. Mrs. Poirier waved at him to stop, and Mr. Mashio went towards their son aggressively, swaying both arms with the knife repeatedly and coming within five feet of him. Keleb described his father as looking “scared”. Mr. Mashio threw a smaller kitchen knife on the ground near his son and asked the latter to kill him. His son kicked at him to keep Mr. Mashio away and then ran with his mother toward the neighbour’s house.
Constable Singh of the Ottawa Police Service (OPS) arrived at 20:43 and observed Mr. Mashio exit his residence while appearing to speak. Cst. Singh rolled down the window and Mr. Mashio asked whether the officer was there to see him. Mr. Mashio then stated, “I’m going to stab you” and went back into the residence. He emerged shortly afterward holding a large knife over his head and advanced towards the vehicle while shouting, striking the rear of the car while the officer turned it around. Cst. Singh lost sight of Mr. Mashio, who then approached the passenger side of his vehicle and struck it with something while shouting.
Cst. Singh drove out to the street from the laneway and rolled down his window to speak with Constable Wiseman, who arrived on the scene at 20:52. Mr. Mashio was now at the end of the driveway holding the knife and Cst. Singh shouted at him to “drop the knife” several times. Mr. Mashio approached Cst. Singh’s cruiser quickly and the latter attempted to roll up his window and withdrew his sidearm, fearing for his life. Cst. Wiseman observed Mr. Mashio running toward Cst. Singh’s cruiser and slashing at the driver’s door and window with the knife.
When Cst. Wiseman yelled, “Police, drop the knife”, Mr. Mashio began advancing towards him yelling, “Shoot me, kill me, I am going to kill you”. Mr. Mashio came within ten to fifteen feet of him and both officers feared for their own lives and the lives of others. Cst. Singh attempted to strike Mr. Mashio with his vehicle when Mr. Mashio advanced on Cst. Wiseman, who then got into his vehicle and drove toward Mr. Mashio, impacting him at approximately 15 km/h. Mr. Mashio hit the snowbank on the side of the road and fell to the ground on the passenger side of the vehicle. Mr. Mashio was arrested and transported to The Ottawa Hospital’s Civic Campus.”
Background History:
Reference should be made to a filed hospital report, Exhibit 1.
The hospital’s evidence was presented through its report and through the oral testimony of Dr. Jonathan Gray, Mr. Mashio’s attending psychiatrist. This evidence can be summarized below.
The more reliable source of his personal history comes from his wife, Carmen Poirier. Mr. Mashio was born in Eritrea, and he told his wife that he had grown up in a war-torn country and moved with his family to Saudi Arabia when he was 15 of 16 years old. He came to Canada in his early twenties. Mr. Mashio’s last known contact with a member of his family of origin was many years ago in 2008.
Ms. Poirier and Mr. Mashio married in 1989 and have two children, now adults of 22 and 27 years of age.
Mr. Mashio’s wife reports that he suddenly quit his job as a health care aid in 2006 and had not returned to any employment since then.
Mr. Mashio has no prior criminal record, nor is there a history of consuming alcohol or other substances.
The only apparent psychiatric contact prior to the index offences was in March of 2008, when Mr. Mashio was brought to the Emergency Department of the Ottawa Hospital. His brother obtained a Form 2 authorizing him to be brought for psychiatric assessment. At that time, it was not felt that Mr. Mashio met the criteria for involuntary admission and he was diagnosed with “Mood Disorder”.
In December 2008 an appointment with Dr. Boyles at the Ottawa Hospital had been arranged. Dr. Boyles found no evidence of a psychotic disorder or depression.
The psychiatric opinion regarding Mr. Mashio’s criminal responsibility as measured on February 25, 2020, states: “It is our opinion with reasonable medical certainty that on February 25, 2020, Mr. Mashio was suffering from a longstanding and untreated episode of psychosis due to Schizophrenia. Specifically, he was suffering from the delusion that his children were replaced by imposters and that those imposters were abusing him”.
Mr. Mashio’s son committed suicide in 2022.
The hospital report and last year’s reasons for judgment details Mr. Mashio’s well developed delusions, especially regarding his former wife, his own origins and his children. There is a risk of severe harm, involving psychological harm to his former spouse. Notwithstanding that potential for harm, Ms. Poirier manages Mr. Mashio’s financial affairs and works with the hospital regarding placements and has participated in two visits with the patient in the company of her sister.
Evidence at Hearing
Dr. Jonathan Gray, the patient’s psychiatrist for years, testified.
Dr. Gray related how Mr. Mashio had lived in the hospital’s least restrictive unit until April 25, 2025, when Mr. Mashio was transferred to a 24-7 supervised residence near the hospital.
Mr. Mashio is seen by the Forensic Team once a week and by Dr. Gray once a month.
It has been a good year. Mr. Mashio has adjusted to his new residence. He is less seclusive there, often entering the common area. He takes long walks and always returns on time.
Mr. Mashio continues to want to return to the Ottawa area but that is impossible.
Mr. Mashio continues to be symptomatic. He continues to believe his wife is communicating with him when she is not. When in hospital, Mr. Mashio used to cover his head with bedding to “assist” with the communications. Dr. Gray has received no reports that that practice is continuing.
The hospital is thinking that, in future, Mr. Mashio could be placed in a secure long term care home. While on the wait list, it is not possible to say how long such a placement will take. Mr. Mashio used to work in a long-term care facility, so such a placement is pleasing to him.
There is evidence of some cognitive impairment and deterioration.
In last year’s Reasons there was some discussion of ECT. Dr. Gray has considered that potential treatment and is not in favour of it. The hospital has no ECT equipment and arrangements would have to be made with the Brockville General Hospital to make use of their equipment and arrange visits, first three times a week, and then two, and so forth. Quite apart from the logistical challenges, Dr. Gray relies on the patient’s stability as the principal reason for pursuing such a course.
In Dr. Gray’s view, a conditional discharge could possibly be on the table next year provided stability continues and the hospital is satisfied that the provisions of the Mental Health Act could effectively deal with Mr. Mashio’s situation. A conditional discharge is out of the question now as Mr. Mashio has only been in his new residence for six weeks. One worry is that Mr. Mashio could hire a taxi and ask to return to Ottawa without permission. Mr. Mashio has a small amount of savings and care is taken to prevent Mr. Mashio of having money.
Mr. Mashio has a documented history of having auditory hallucinations in respect to Ms. Poirier who unfortunately continues to be extremely fearful of the patient.
It is critical that the hospital has continuing say where Mr. Mashio resides.
Mr. Mashio is on clozapine and paliperidone.
There has been no violence or aggression since the initial offence. It was concerning that Mr. Mashio asked for the house keys to his former residence during one of the visits with Ms. Poirier.
Mr. Mashio has been medication compliant.
Mr. Mashio must sign in and out when he goes out of his residence.
Mr. Mashio is incapable of paying bills, take caring of himself or preparing meals.
Mr. Mashio is marginally capable. He has always agreed with his medication regime. His motivation to take medications is external. Mr. Mashio indicates that he will take medication because the Doctor ordered it.
Mr. Mashio does not discuss his children. He does not have a reality-based understanding of his surviving child.
There is no limitation on how long he can stay in his current residence which has two dedicated forensic workers. Mr. Mashio has not indicated he wants to leave his residence.
If a conditional discharge is considered, he would probably accept treatment and medication.
Analysis
- A conditional discharge is not realistic. Mr. Mashio has only been at his new residence for six weeks following release from hospital. His index offences were very serious. Mr. Mashio’s family was traumatized by the offences. Mr. Mashio’s son committed suicide in their aftermath. While relatively stable, Mr. Mashio continues to harbour delusions and experiences hallucinations. There continues to be a marked concern respecting the safety of his former spouse that includes at least severe psychological harm. The hospital is understandably taking a cautious approach. It is very early days of living outside hospital. We wish Mr. Mashio a good year in his new residence. Paragraph 4(e) will be amended but in all other respects the Detention Order is maintained as necessary to manage the significant risk to the public while having regard to the patient’s rehabilitative needs.
Dated this 6th day of August, 2025, at the City of Toronto, in the Toronto Region.
Mr. M. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board