Re Mujtaba Saidi, 2025 CanLII 78536

Re: Mujtaba Saidi

ORB File No: 5362

Hearing held on: Thursday, June 26, 2025

Place of hearing: Centre for Addiction and Mental Health (Via Zoom Video Conference)

Pursuant to: Section 672.81(2.1) of the Criminal Code

Before:

Alternate Chairperson: Mr. C. MacIntyre, KC Members: Dr. K. Hand Dr. G. Nexhipi Ms. C. Murray Ms. M. McKinnon

Parties Appearing:

Accused: Mujtaba Saidi Counsel: Mr. A. Pollard

The person in charge of hospital: Counsel: Ms. M. Warner

Attorney General of Ontario: Counsel: Mr. M. Feindel

REASONS FOR DECISION

(Dated August 5, 2025)

Introduction

1. On June 3, 2009, Mr. Mujtaba Saidi was found not criminally responsible on account of mental disorder on two charges of assault, one charge each of arson – damage to property, arson – disregard for human life, mischief over $5000, and mischief not exceeding $5000, contrary to the Criminal Code of Canada (the "Criminal Code").

2. Mr. Saidi is currently subject to a Detention Disposition of the Ontario Review Board (the “Board”), dated December 13, 2024, detaining him at the Forensic Service of the Centre for Addiction and Mental Health, Toronto (“CAMH”) with privileges up to and including living in the community of the Greater Toronto Area in accommodation approved by the person in charge.

3. Pursuant to s. 672.56(2) of the Criminal Code, CAMH notified the Board, by letter dated May 1, 2025, that Mr. Saidi’s liberty had been restricted. On April 23, 2025, Mr. Saidi was admitted to CAMH as an inpatient and detained on the Psychosis Recovery and Treatment Unit 7 (“PRTU7”).

4. On June 26, 2025, a panel of the Board convened a virtual hearing to review the restriction of Mr. Saidi’s liberty for the period from April 23, 2025, to the date of the hearing pursuant to s. 672.81(2.1) of the Criminal Code.

5. Mr. Saidi was present at the virtual hearing and represented by his lawyer, Mr. Alvin Pollard, throughout.

6. The Hospital Report dated November 10, 2024, was entered as Exhibit 1. The Restriction of Liberty (ROL) Report dated June 14, 2025, was entered as Exhibit 2.

7. The issue at the hearing was whether the hospital’s decision to increase the restrictions on Mr. Saidi’s liberty was the least restrictive and least onerous intervention available in the circumstances both at the time of its onset on April 23, 2025, and throughout its duration until the date of this hearing.

8. For the reasons outlined below, the Board finds that the restriction of Mr. Saidi’s liberty from April 23, 2025, to present was necessary and appropriate, and it represented the least onerous and least restrictive measure at the time it was imposed and continued to be so.

Positions of the Parties

9. At the outset of the hearing the parties were canvassed as to their positions. Dr. McMaster, on behalf of the hospital, submitted that the initial restriction of liberty commencing April 23, 2025, was necessary and appropriate; it represented the least onerous and least restrictive measure at the time it was imposed, and it continued to be so at the date of the hearing. Counsel for the Attorney General, Mr. Feindel, supported the hospital’s position. Counsel for Mr. Saidi, Mr. Pollard, agreed with the hospital’s position. Therefore, there was a joint recommendation with respect to the restriction of liberty on admission and the ongoing restriction.

Index Offence

10. On August 28, 2008, Mr. Saidi was living with his mother in a townhouse in Toronto. For no apparent reason he became irate at his mother, grabbed her by the neck and started to choke her. His sister tried to call 911 when Mr. Saidi grabbed the phone from her and smashed it. Mr. Saidi’s sister and mother were able to flee the residence and contact police. When the police arrived, the house was on fire and Mr. Saidi had fled. Three separate points of origin for the fire were subsequently identified. Mr. Saidi was arrested four days later.

Reasons for Restriction of Liberty

11. The Restriction of Liberty (“ROL”) hearing report dated June 14, 2025, provides the rationale for the restriction of liberty. Briefly, when living in the community Mr. Saidi is known to have had decompensations in his mental state related to substance use. He tested positive for cannabis from March 3 to March 19, 2025. The treatment team took a harm reduction approach to the positive urine drug screens, monitoring his mental state and ensuring close observation by housing staff.

12. On April 8, 2025, Mr. Saidi again tested positive for cannabis. Again, the team took a harm reduction approach. He spoke about religious themes relating to cannabis.

13. On April 22, 2025, Mr. Saidi admitted to purchasing cannabis noting, “I like to get high”. In addition to lacking insight into the effects of cannabis on his mental health, Mr. Saidi became increasingly disorganized. Notably, he exhibited an ongoing tremor, which impaired him functionally. The treatment team decided to admit Mr. Saidi to hospital based on his ongoing substance use, lack of insight, and worsening mental state. The goal of the admission was to reduce his medication burden in a controlled environment, in an effort to reduce impairing side effects. Mr. Saidi cooperated with the team and accepted the admission on April 23, 2025. At the time of the admission Mr. Saidi was living in the community at 96 Dowling Avenue, which is a 24-hour supervised residence.

14. During the initial part of his admission to PRTU7, zuclopenthixol was discontinued. There was some notable improvement in his tremor. Mr. Saidi met with Dr. Zrenner, in the neuropsychiatry service, to assess his tremor and evaluate for contraindications to electroconvulsive therapy (ECT). Dr. Zrenner recommended that augmentation of his medication regimen with other antipsychotics be avoided as they may contribute to the worsening of his tremor. Dr. Zrenner noted no neurological contraindications to ECT.

15. Mr. Saidi has had zuclopenthixol, benztropine, and valproic acid tapered and discontinued in hospital. As of the date of the Hospital Report Mr. Saidi had received nine ECT treatments. The ECT treatments have appeared to have reduced his psychotic burden.

16. The treatment team originally planned to discharge Mr. Saidi following course of 12 ECT treatments and after an evaluation of his mental state and use of more liberal passes.

Evidence at the Hearing

17. The Board had available to it as evidence the Exhibits and oral evidence from Dr. Robert McMaster who is Mr. Saidi’s outpatient psychiatrist.

18. Dr. McMaster testified that Mr. Saidi was cooperative with coming back to hospital and worked with the treatment team very well. The goals during this admission were to streamline his medications in a safe environment to reduce his severe tremors, and to establish if further treatment would assist him in reducing his positive psychotic symptoms. Valproic acid and zuclopenthixol have been removed from his treatment regimen, which has significantly reduced his tremor. His tremor is now intermittent and manageable. Mr. Saidi has now received 13 sessions of ECT, which has not been highly effective yet. Dr. Ginsberg, who has ECT expertise and is currently Mr. Saidi’s most responsible psychiatrist, recommended that Mr. Saidi’s ECT course be extended to 17 sessions. The ECT sessions should be complete by the end of next week. At that point, the treatment team will assess Mr. Saidi’s stability. Dr. McMaster anticipates that Mr. Saidi will be discharged within the next few weeks. Despite the ECT, Mr. Saidi continues to have fixed delusions.

19. In response to questions of Mr. Feindel, Dr. McMaster testified that it was his preference that Mr. Saidi be admitted to PRTU7, a non-forensic unit, because Dr. Ginsberg has expertise in ECT. Mr. Saidi currently enjoys level 8 passes. When he was first admitted to PRTU7, Mr. Saidi had to work his way up from no passes. The treatment team advocated for Mr. Saidi to receive passes on an “exceptional basis” to have a faster trajectory through the pass levels.

20. In response to questions of the Board, Dr. McMaster testified that patients do not need to be admitted to hospital to receive ECT. However, it was necessary to admit Mr. Saidi because he has a fragile and brittle illness, and major changes were made to his medications. During the course of ECT it has been necessary to keep Mr. Saidi in hospital because he has a substance use history. If he were to use substances during the course of ECT treatments, the treatment team would not be able to determine the effectiveness of the ECT.

21. At the conclusion of the hearing, the parties confirmed that there was a joint submission that the restriction of liberty was necessary and appropriate and represented the least onerous and least restrictive measure at the time the restriction was imposed and continued to be so.

Analysis and Conclusion

22. The Board finds that a significant increase in the restriction on Mr. Saidi’s liberty has taken place, pursuant to the factors set out in the decision of the Ontario Court of Appeal in R v MLC (2010 ONCA 843), as well as Regina v Campbell (2018 ONCA 141). He was living in the community and was brought into hospital on April 23, 2025, on a Form 49. This was a significant departure from his liberty norm to which he had become accustomed.

23. The restriction of liberty arose as a result of Mr. Saidi’s relapse to substance use, accompanying decompensation in his mental state, a significant tremor, and to review and address his treatment regimen.

24. The hospital will be discharging Mr. Saidi once his ECT treatments have been completed and his mental state is assessed as being suitable for discharge.

25. The Board accepts the joint submission of the parties. Specifically, the Board finds that the initial restriction of liberty wherein Mr. Saidi was admitted to hospital on April 23, 2025, was warranted, necessary and appropriate for the safety of the public and it represented the least onerous and least restrictive measure at the time it was imposed and it continues to be so.

26. The Board echoes the comments of the hospital and counsel for the Attorney General commending Mr. Saidi for his cooperation during his admission and working well with his treatment team.

DATED this 5th day of August, 2025, at the City of Toronto, in the Region of Toronto.

Ms. C. Murray Legal Member

Office of the Registrar Ontario Review Board