Re Hewad Nazar, 2025 CanLII 78529

Ontario Review Board

Re: Hewad Nazar

ORB File No: 8436

Hearing held on: Friday, June 27, 2025

Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Weinstein Members: Dr. L.E. Cappe Dr. L.O. Lightfoot Ms. M. den Haan Mr. A. Mete

Parties Appearing:

Accused: Hewad Nazar Counsel: Mr. C. Hynes

The person in charge of hospital: Counsel: Ms. A. Marshall

Attorney General of Ontario: Counsel: Ms. S. Cressman

REASONS FOR DISPOSITION

(Dated August 6, 2025)

Introduction:

1. On November 27, 2023, Mr. Hewad Nazar was found not criminally responsible on account of mental disorder, on charges of carry concealed weapon, weapons dangerous, escape from lawful custody, assault with a weapon, and utter threat, all contrary to the Criminal Code of Canada (“Criminal Code”).

2. Mr. Nazar is subject to a Disposition of the Ontario Review Board (the “Board”), dated May 29, 2024, which orders that he be detained at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (“CAMH”).

3. On June 27, 2025, the Board convened a hearing at CAMH to conduct the annual review of the current Disposition.

4. Mr. Nazar was present at the hearing and was represented by his counsel, Mr. Chris Hynes.

5. A Hospital Report, dated June 12, 2025 (the "Hospital Report"), was entered as Exhibit 1.

6. The issue at this hearing is whether Mr. Nazar is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.

7. For the reasons set out below and based on the expert evidence and opinions before it, the Board concluded that Mr. Nazar continues to represent a significant threat to the safety of the public. The Board ordered that the necessary and appropriate Disposition in the circumstances is the continuation of the existing Detention Order.

Current Psychiatric Diagnosis:

8. Schizophrenia vs. Schizoaffective Disorder, bipolar type

Index Offences:

9. The circumstances giving rise to the Index Offences are extracted from last year’s Board Reasons, as follows:

“Background

On September 23rd, 2020, the accused, Hewad NAZAR, was arrested and charged with assault. He was subsequently released on a Form 10 which stipulated several conditions that he agreed to abide by including but not limited to:

You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them.”

Synopsis

“On Thursday November 12th, 2020, at approximately 7:00pm the accused, Hewad NAZAR entered Habibiz Cafe located at 1994 Lawrence Ave E in the City of Toronto. The accused proceeded to order shisha and subsequently became involved in a verbal argument with staff members. During the course of the argument the accused became increasingly irate and produced a black handgun from a jacket he was carrying. While shouting at the staff members to "run their shit," Mr. Nazar removed a handgun from his pocket before concealing it again in the waistband of his pants. The accused then made a pistol gesture with his thumb and pointer finger and directed it at the victim, Gagan SINGH. The handgun then fell from the accused's waistband, through his pants and onto the floor. The accused picked up the handgun, left the cafe and was last seen leaving the parking lot in a blue car.

Responding officers obtained video footage of the incident from the cafe and while still at the scene the accused returned to the parking lot on foot and was arrested. During a search of the accused, incident to arrest, a set of car keys were located. Officers used the keys to activate the panic alarm and subsequently located a blue Toyota Corolla bearing Ontario licence plate CDXA786 in the nearby parking lot of 2032 Lawrence Ave E. The vehicle was subsequently seized by police and towed to 41 Division pending a search warrant.

The police executed the search warrant on November 14, 2020, and found the following items: a jacket matching the description on the video; a pellet gun loaded with pellets and a C02 cartridge; the packaging for an Umarex BB Gun; driver’s license of Mr. Nazar; a black cross body bag with a bag of C02 cannisters and a package of pellets for the pistol; and a bow.”

Personal Background/Psychiatric History:

10. Mr. Nazar’s personal background/psychiatric history are outlined in the Hospital Report, and they are accurately summarized in last year’s Reasons:

“Mr. Nazar was born in Toronto. His parents divorced when he was 12 years of age, and he has a younger sister. He has never married and has no children.

Mr. Nazar completed high school and attended McMaster University for one year. He worked as a security guard for approximately two years, after discontinuing his university education. He has not worked since the age of 18 and supports himself financially through ODSP, which he began receiving at the age of 21, following a diagnosis of schizophrenia. Mr. Nazar smokes one package per day of tobacco cigarettes and has self-reported having stopped smoking cannabis at the age of 19. He has denied using any illicit substances or ever consuming alcohol.

Mr. Nazar was charged with assault on September 23, 2020. According to the Hospital Report, Mr. Nazar’s mother reported that the incident involved an altercation with a friend that lived in their apartment building and as a result her son was placed on probation until May or June 2023. On May 6th and November 30, 2022, Mr. Nazar was convicted of failing to comply with a release order and received a conditional discharge and probation on each conviction.

Around the age of 20, Mr. Nazar began seeing a psychiatrist approximately one year after he stopped his university education. On June 5, 2018, he was brought to the emergency at Michael Garron Hospital (“MGH”) by his mother because he was anxious and paranoid. He endorsed auditory hallucinations, receiving messages from neighbours and the television, and was worried about his family’s safety.

Mr. Nazar attended outpatient appointments at M.G.H. from September to December 2018. He continued to endorse command auditory hallucinations, thought control and delusional beliefs. He was subsequently connected with Dr. Okyere, a psychiatrist who diagnosed him with schizophrenia and continued to see him every three weeks for approximately two years.

On August 20, 2019, Dr. Okyere referred Mr. Nazar to CAMH’s Slaight Centre for a psychiatric consult, upon request from family, who wanted a second opinion that included a cultural perspective.At that time, Mr. Nazar saw Dr. Kennedy and continued to endorse thought insertion, thought withdrawal, thought broadcasting, and auditory hallucinations. He specifically endorsed being able to hear his mother’s thoughts and feel people’s energy. Dr. Kennedy offered a provisional diagnosis of cannabis use disorder in early remission and unspecified schizophrenia spectrum disorder.

Mr. Nazar was being treated with antipsychotic medications, Clozaril and injectable Invega for the year leading up to his index offences, which occurred on November 12, 2020.

Following the commission of the index offences, and prior to the NCR verdict on November 27, 2023, Mr. Nazar had several hospital admissions which notably included:

• July 21-August 14, 2023: Mr. Nazar was brought to the emergency by his mother, who had concerns about him being threatening towards her and his sister and was verbally assaultive toward his father. Mr. Nazar had not attended the injection clinic to receive his long-acting medication in the days prior and there were concerns about Mr. Nazar’s compliance with prescribed treatment.

• August 19-September 15, 2023: EMS brought Mr. Nazar to hospital after he contacted 911 complaining of abdominal pain. When emergency services arrived, they found Mr. Nazar ‘confused and acutely psychotic’. Mr. Nazar’s family informed that he had been both physically and verbally threatening towards his mother and sister; threatening to kill his mother and throwing objects. Mr. Nazar presented himself as paranoid, thinking that his mother and sister were impostors and that his uncle was speaking into his head. He endorsed violent ideation towards his uncle and ongoing auditory hallucinations.

• September 15-October 2, 2023: Paramedics brought Mr. Nazar to the emergency department after his family contacted 911, due to concerns for his safety. Mr. Nazar endorsed auditory hallucinations commanding him to jump off the 35th floor balcony of the family home. He also endorsed becoming upset from messages he was receiving from the TV. As per collateral he was becoming aggressive, agitated and verbally abusive. He was stating he wanted to “kill” his neighbours and family members.

• October 5-November 13, 2023: Mr. Nazar was taken to hospital via EMS after his mother contacted 911. He had wanted to take the car keys, was rambling and endorsing seeing an angel commanding him to jump off the balcony. His mother requested a discharge to a group home because she was unable to manage her son at home.The treatment team noted that the patient demonstrated irritability and aggressiveness targeted towards his mother.”

Course since Last Disposition:

11. Mr. Nazar’s course since his last Disposition, is set out in detail in the Hospital Report. The following extracted paragraphs are relevant to this hearing.

“Mr. Nazar adhered to the conditions of his disposition throughout the reporting period. He adhered to his prescribed medications and attended appointments as requested. He continued to experience both positive and negative symptoms, including lack of motivation for therapy, routine, or leisure activities.

Mr. Nazar’s mother, Ms. Wafa, provided substitute decision making for psychiatric treatment.

Mr. Nazar’s reports of psychotic symptoms varied throughout the reporting year, and often contradicted themselves. He sometimes was forthcoming to his treatment team about symptoms, but other times would be guarded and not wanted to discuss same. It was believed that he regularly experienced auditory and visual hallucinations, with common reports of seeing the “angel of death” and “barcode tattoos” on other people.

Mr. Nazar’s urine drug screens all returned negative for substances during this reporting period.

Mr. Nazar attended two sessions of substance relapse prevention in October 2024, however, he felt that they were unhelpful. Group facilitators noted that Mr. Nazar had trouble remaining focused and would frequently leave the room. A referral for individual services through FORCAT was submitted in February 2025 and is still pending.

On September 9, 2024, Mr. Nazar called 9-1-1 while out on a walk with his mother and sister, asking police to “come and search my room”.

Mr. Nazar’s mother, Ms. Wafa, and his sister, Ms. Sadaf Nazar, both reported “strange” behaviour during the same period in September 2024, similar to how he present prior to coming under the ORB.”

Position of the Parties:

12. Counsel for the hospital, the Attorney General and Mr. Nazar advised that this was a joint submission: all were adopting the hospital’s recommendation of a continuation of the existing Detention Order Disposition.

13. For the purposes of this hearing, counsel for Mr. Nazar advised that significant threat was not in dispute.

Evidence at the Hearing

14. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Igoumenou. Dr. Igoumenou testified as follows:

a) She is Mr. Nazar’s treating psychiatrist and adopts the contents of the Hospital Report.

b) Mr. Nazar has been adherent to his medication regimen and attends all appointments as required. There have been no incidents of concern this past reporting period.

c) The treatment team is continuing to monitor, and adjust, his medication regimen.

d) Mr. Nazar is not capable to consent to treatment, and his mother is his substitute decision maker (“SDM”). The treatment team does have a good relationship with her; however, she does not agree with the team as to what should be the appropriate dose of Mr. Nazar’s antipsychotic medication.

e) Mr. Nazar has a good, open relationship with the treatment team. One of the barriers to Mr. Nazar’s progress has been his addiction to nicotine. He consumes nicotine by vaping. His need to vape stops him from participating in groups, as these occur indoors, where vaping is not allowed. Mr. Nazar is working to reduce his dependence on nicotine.

f) Mr. Nazar continues to experience some negative symptoms of his major mental illness, specifically amotivation.

g) The clinical risk factors and re-offence scenario, as set out in the Hospital Report, are still accurate.

h) Mr. Nazar’s mental state continues to fluctuate. This fluctuation does not coincide with any changes in medication regimen. Mr. Nazar will be open with the treatment team with respect to the contents of his delusions and his auditory hallucinations, when those auditory hallucinations say that he can be open with the treatment team. It is obvious to the treatment team when he is experiencing auditory hallucinations.

15. In response to questions from the panel, Dr. Igoumenou testified:

a) They have seen no repeat of the concerning behaviour Mr. Nazar exhibited while he was living with his family, as set out in last year’s Reasons for Disposition. Mr. Nazar is now living independently and only spends five to six hours at a time with his mother.

b) The team still needs to clarify if Mr. Nazar suffers from an autism spectrum disorder. This diagnosis is currently difficult to make, while Mr. Nazar is still experiencing symptoms of his major mental illness and his cognitive dysfunction. It is difficult to ascertain whether Mr. Nazar’s behaviours, such as rigidity, could be a result of an autism spectrum disorder or if they are personality driven. The treatment team will seek more clarity about this possible diagnosis, when the situation permits.

c) Mr. Nazar does experience profound thought blocking at times, as well as slow information processing. Therefore, the treatment team has to adjust programming to meet his needs.

16. No other evidence was called.

Analysis and Conclusions:

17. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board agrees with the joint submission: Mr. Nazar remains a significant threat to the safety of the public.

18. In Winko, the Supreme Court outlined that, in coming to the conclusion on the issue of significant risk, a Review Board should closely examine a range of evidence, including: the circumstances of the original offence; the past and expected course of the accused’s treatment; the present state of the NCR accused’s medical condition; the NCR accused’s own plans for the future; the support existing for the NCR accused in the community; and most importantly, the recommendations provided by experts who examined the NCR accused. In coming to our conclusion in this matter, the Board relies on the uncontroverted expert evidence of Dr. Igoumenou, in addition to the documentary evidence before us.

19. Mr. Nazar suffers from a major mental illness, consisting of symptoms of psychosis. The primary risk management intervention continues to be pharmacological treatment, as well as regular monitoring of his mental health by his treatment team.

20. In particular, the Board relies on the Clinical Risk Factors/Re-Offence Scenario, the Composite Assessment of Risk and Team Review of Recommendation, set out in the Hospital Report:

“Clinical Risk Factors/Re-offence Scenario

Criminogenic risk factors include: unclear compliance with medication, ongoing symptoms, a history of violence when ill, and a history of substance abuse.

In risk assessment, one of the best predictors is a patient’s history of violence. Mr. Nazar has behaved aggressively toward his family and has threatened neighbors previously. His offence appears to have occurred when he was in a psychotic state.

If Mr. Nazar were to re-offend, this will likely transpire in the following way: in the context of substance use and incomplete compliance with treatment, Mr. Nazar would decompensate, which would compromise his interpersonal judgment and may elicit violent behaviours, most likely directed at those he comes in close contact with.

Composite Assessment of Risk

Ongoing risk assessment is necessary for Mr. Nazar. For one, Mr. Nazar has not been a particularly reliable historian. He has also frankly advised that he would discontinue antipsychotics and resume cannabis if he could, resulting in a certain decompensation of his mental status. Secondly, collateral information obtained from his mother seemed divergent from file information, particularly regarding treatment motivation and compliance supervision, as well as minimizing risk concerns especially around violence.

Taken together, when weighing Mr. Nazar’s pertinent risk and protective factors, his risk of any future violence or serious violence would potentially be moderate if effectively treated and supervised, and his risk of imminent violence would low in this context. At the same time, given the many unknowns in this case, a continuation of his Detention Order is necessary to manage Mr. Nazar’s risk going forward, to admit him to hospital in case of decompensation and approve housing.

It is the psychiatric opinion that Mr. Nazar remains a significant threat to the safety of the public as defined in Section 672.5401.

Team Review of Recommendation

Mr. Nazar’s relative stability is predicated on his compliance with psychiatric medication. His insight into his illness and need for adherence to treatment is limited. If he were no longer under the supervision of the ORB, it is likely that he would become non-adherent with medication, and may also use increasing amounts of recreational substances. When suboptimally treated, his illness is subject to emergence of increased symptoms, such as irritability, paranoia, and perceptual disturbances, which increase his risk of violence towards others.”

21. Mr. Nazar should be commended for his openness and cooperation with his treatment team.

22. In light of the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year. In particular, the Board relies on the following paragraph set out in the Hospital Report under Risk Management Items:

“In the context of a Detention Order with Community Living, while residing in the community, the impact of future problems with Treatment/Supervision (compliance and responsiveness), Living Situation, Stress/Coping, and Professional Services/Plans would be mitigated by the clinical team’s ability to approve housing, enforce treatment compliance, and rapidly readmit Mr. Nazar to hospital, should dynamic risk factors (i.e. medication non-compliance, clinical instability, substance use) intensify prior to his certifiability under the Mental Health Act.”

23. In consideration of all the evidence, submissions of the parties and criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Nazar, his reintegration into society and his other needs, the necessary and appropriate Disposition is to continue with the Detention Order.

DATED this 6th day of August, 2025, at the City of Toronto, in the Region of Toronto.

Mr. J. Weinstein Alternate Chairperson

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Office of the Registrar Ontario Review Board