Ontario Review Board
Re: Noel Fassil
ORB File No: 8005
Hearing held on: Wednesday, May 7, 2025
Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene
Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M. Segal Members: Dr. K. Hand Dr. L.O. Lightfoot Ms. M. Chamberlain Mr. J. Cyr
Parties Appearing:
Accused: Noel Fassil Counsel: Mr. T.R. McIver
The person in charge of hospital: Counsel: Mr. J. Thomson
Attorney General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated August 5, 2025)
On December 23, 2023, Noel Fassil was found unfit to stand trial on account of mental disorder on charges of assault causing bodily harm, assault with a weapon, assault (x2), possession of a weapon for a dangerous purpose and fail to comply with probation (x2), all contrary to the Criminal Code of Canada (the "Criminal Code").
Mr. Fassil is currently subject to a Disposition of the Ontario Review Board dated March 18, 2024, detaining him at the Waypoint Centre for Mental Health Care – High Secure Provincial Programs, Penetanguishene (“Waypoint” or “the Hospital”), with hospital and grounds privileges, beyond the secure perimeter, escorted by staff.
On Wednesday, May 7, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to ss. 672.48(1) and 672.81(1) of the Criminal Code. Mr. Fassil was in attendance and was represented by his counsel, Mr. McIver.
Position of the Parties
- Mr. Thomson, on behalf of the Hospital, submitted that Mr. Fassil continued to be unfit to stand trial and remained a threat to the safety of the public. The Hospital recommended no change to his current Disposition. This position was supported by Ms. Curry, on behalf of the Attorney General. Mr. McIvor took no position regarding Mr. Fassil’s fitness but stated that he would like to hear the evidence before taking a position vis-à-vis the disposition.
Background and Index Offences:
Mr. Fassil was born in Toronto, Ontario. Mr. Fassil’s parents divorced in 2010; they were married for approximately nineteen years. He is the second youngest in a sibline of six.
Mr. Fassil was raised in Mississauga, Ontario. His mother described him as “...a funny child…he was very attractive, very intelligent, and a family person ...he had lots of friends”.
Mr. Fassil received high marks in school and had no difficulty with his peers or figures of authority until an incident in high school where he was charged. Thereafter, his mother sent him to Calgary to live with his sister for one year, and upon his return, he attended another high school and graduated with his Grade 12. Mr. Fassil did apply to post-secondary schools, however, this did not materialize due to his illness.
Prior to becoming ill, Mr. Fassil worked for seven months as a student with the Toronto Parking authority. Thereafter, he worked on a part-time basis at Canadian Tire for two months as a cashier and in stocking. His mother attributed his inability to maintain employment as a result of his medication noncompliance. Mr. Fassil was last employed in June 2017. He is currently financially supported by the Ontario Disability Support Program.
Mr. Fassil’s current psychiatric diagnoses are:
- Schizophrenia; and
- Cannabis use disorder, Moderate, in early or sustained remission
The circumstances of the index offences are taken from last year’s Reasons for Disposition, as follows:
“On July 25th 2021 the accused before the court, Noel FASSIL, was at 70 Prairie Dr. @ Prairie Drive Park in the city of Toronto. The accused was spoken to by the day before at the same location by the victim and approached the victim on the above mentioned day.
The accused demanded to use the victim phone, demanded to know his cell phone number and his full name. The victim refused to provide the details and the accused immediately assaulted the victim by slapping him in the face. The accused knocked the victim down and proceeded to punch the victim repeatedly around the body with both hands while the victim covered his head.
Witnesses demanded that the accused stop his attach (sic) and the accused walked away calmly. Police were then notified of the assault. The accused was identify (sic) and attempts to locate him were unsuccessful. A warrant in the first was sought for his arrest.
On Saturday July 31, 2021 at approximately 2137 hours victim #1 and victim #2 were walking along the side walk near 869 Queen Street West in the city of Toronto. The accused was walking behind the victims when he suddenly and without provocation knocked victim 1 to the ground and began punching her in the head with his right closed fist. (Charge 1) Victim 2 attempted to help her friend and was pushed to the ground by the accused. (Charge 3)
Several witnesses in the area intervened and began yelling at the accused including victim 3. The accused began to walk away and victim 3 followed him while calling the police. The accused turned around, while holding onto a retractable paint scraper, told victim 3 he was going to stab him (Charge 2 and 4). The victim, fearing for his safety, backed away until police arrived.
The accused was placed under arrest, read his rights to counsel and transported to 14 division where he was held pending a bail hearing.
As a result of the above offences, the accused was in breach of one of the conditions listed on his probation. (Charge 5).”
Evidence at Hearing:
The evidence at the hearing consisted of the Hospital Report dated January 27, 2025, the Updated Hospital Report dated April 11, 2025, the Rule 13 request by Ms. Fassil’s mother dated February 23, 2025, the Rule 13 Response from Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) dated May 5, 2025, as well as the testimony of Dr. Ismail.
Mr. Fassil’s fitness is summarized in the Hospital Report as follows:
“Mr. Fassil’s responses to the Taylor test reflect his limited comprehension of the proceedings. For instance, when asked what the crown or defense counsel does, he expressed uncertainty, indicating that he does not understand the roles of key participants in his trial. His understanding of legal pleas and outcomes is similarly confused, as he mistakenly believes that pleading guilty would result in his immediate discharge. Additionally, Mr. Fassil's belief that a not guilty verdict would also lead to his discharge reveals a fundamental misunderstanding of how the judicial process works and the potential consequences of a trial, suggesting that he cannot grasp the gravity of the proceedings or make informed decisions.
Furthermore, Mr. Fassil’s mental disorder significantly impairs his ability to communicate effectively with counsel, a key aspect of the fitness test. His ongoing resistance to treatment, lack of insight into his condition, and frequent episodes of aggression and disorganized behavior demonstrate his difficulty in engaging meaningfully with those who may represent him in his defense. Given that Mr. Fassil’s ability to understand the nature and purpose of the proceedings, comprehend the potential consequences, and communicate with counsel is compromised. His mental state leaves him unable to participate meaningfully in his trial, which is essential for ensuring a fair legal process.”
Mr. Thomson called Dr. Ismail to give evidence on behalf of the Hospital. The doctor is the most responsible physician for Mr. Fassil. He stated that he was in agreement with the contents of both Hospital Reports.
Dr. Ismail informed the Board that he believes that Mr. Fassil remains unfit. He stated that Mr. Fassil has an obtuse understanding of the legal system. He thinks that if he pleads guilty, he will be released immediately. When interviewed most recently, Mr. Fassil got almost all of the Taylor Test questions wrong. In addition to this, it is very difficult to communicate with him and he would unlikely be able to manage the court system.
Dr. Ismail stated that the Hospital was opposed to the family’s request for a transfer to Ontario Shores as Mr. Fassil’s current symptoms would make it too difficult for him to be managed at a less secure facility. Dr. Ismail did think that Ontario Shores would be an appropriate placement in the future.
In response to questions from Ms. Curry, the doctor noted that Mr. Fassil was able to say that he had hurt someone when asked what the index offence was. Even after a significant amount of coaching by staff, he did not know what the Crown did and what pleas were available to him. In addition, Mr. Fassil does not understand the ORB process. He assaulted someone due to his belief that he would be sent to jail and then discharged.
Dr. Ismail agreed that Mr. Fassil’s sexual behaviour and aggression would be problematic for the staff at Ontario Shores. He agreed with the suggestion that Mr. Fassil should remain on all-male forensic unit.
Dr. Ismail stated that Mr. Fassil was treated with clozapine and a robust course of ECT but did not respond well. The Hospital obtained an external consultation and has made some changes to Mr. Fassil’s medication regimen. Dr. Ismail does not think that Mr. Fassil is permanently unfit although he cannot say whether he will become fit in the coming year. He noted that Mr. Fassil is clearer than in the past and is hopeful that the medication changes will lead to more improvement.
Dr. Ismail agreed that Mr. Fassil’s family is an excellent support for him. He agrees that Ontario Shores would be an appropriate placement for him to move to once he stabilizes further.
Dr. Ismail agreed with the Board that there is no all-male unit at Ontario Shores. He stated that the Hospital was hoping that Mr. Fassil’s sexualized behaviours are a result of his Schizophrenia and that this will lessen with treatment. If his sexual behaviours continue, the only other Hospital that would be appropriate for Mr. Fassil would be CAMH, which does have an all-male forensic unit.
Throughout the hearing, Mr. Fassil interrupted the testimony with comments unconnected to what was being discussed. He also laughed inappropriately on several occasions during the hearing.
Final Submissions:
- At the conclusion of the hearing, Ms. Curry restated her support of the Hospital’s position. She agreed that Mr. Fassil remained unfit and noted that he was unable to answer fitness questions, instruct counsel or participated in a hearing. Mr. McIvor submitted that his client was getting better and was likely not permanently unfit. Mr. Fassil was able to answer some of the questions correctly. Hopefully, this will improve in the coming months. Mr. McIvor stated that his client was also hoping to get out of seclusion.
Findings of the Board:
The Board carefully considered the two Hospital Reports and the evidence from Dr. Ismail and unanimously concluded that Mr. Fassil is unfit to stand trial. Notwithstanding ongoing fitness coaching, Mr. Ismail remains unable to answer all of the Taylor Test questions. He is neither able to meaningfully participate in any court proceedings nor meaningfully instruct counsel.
The Board further finds that Mr. Fassil remains a significant threat to the safety of the public. He has a diagnosis of Schizophrenia. His treatment team have not yet been able to find a treatment with lasting positive results. He is aggressive towards those around him and has remained in seclusion for the entire reporting period.
Having found that Mr. Fassil continues to represent a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
The panel agrees that the necessary and appropriate disposition is a detention order with the same terms and conditions. Mr. Fasil requires the program and staffing at Waypoint to ensure that he remains compliant with his medication.
The Board carefully considered the request by Mr. Fassil’s mother for him to transfer to Ontario Shores. The Board agrees that it would be to his benefit to be closer to family; however, at this time, Mr. Fasil requires the high secure forensic program offered at Waypoint. Mr. Fassil is fortunate to have such a supportive family. Hopefully, he can continue to improve and be in a position to make this transfer in the future. Mr. Fassil will need to work with Waypoint to manage his behaviours and hopefully spend more time out of seclusion in the coming year.
In conclusion, the Board finds that Mr. Fassil remains unfit to stand trial; he remains a significant threat to the safety of the public; and the necessary and appropriate disposition is a continuation of his current detention order. The Board is hopeful that Mr. Fassil will be able to stabilize and spend some time out of seclusion in the coming year.
DATED this 5th day of August 2025, at the City of Toronto, in the Toronto Region.
Ms. M. Chamberlain Legal Member Office of the Registrar Ontario Review Board