Ontario Review Board
Re: Gaffar Othman
ORB File No: 8750
Hearing held on: Tuesday, June 24, 2025
Place of Hearing: Providence Care Hospital, Kingston, Ontario
Pursuant to: Section 672.47(1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Hanbidge Members: Dr. S. Hucker Dr. W. Loza Ms. K. Weisbaum Ms. K. Brisson
Parties Appearing:
Accused: Gaffar Othman Counsel: Mr. M. Rodé
Person in charge of hospital: Counsel: Ms. T. Tom Representative: Dr. Z. Selhi
Attorney-General of Ontario: Counsel: Ms. J. Ferguson
REASONS FOR DISPOSITION
(Dated August 11, 2025)
Introduction:
On March 20, 2025, the accused, Mr. Gaffar Othman, was found not criminally responsible (“NCR”) on account of mental disorder on charges of sexual assault and indecent act, all contrary to the Criminal Code of Canada. At the time of the finding of NCR, the Honourable Court did not make a Disposition and referred the matter to the Ontario Review Board (“ORB,” or “the Board.”)
On June 24, 2025, the Board convened a hearing at Providence Care Hospital (“PCH”, or “the hospital”), to conduct Mr. Othman’s annual review hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Othman was present at his hearing and represented by his counsel, Mr. Michael Rodé. Ms. Tina Tom represented the hospital and Ms. Jennifer Ferguson represented the Attorney General of Ontario.
The following documents were entered as Exhibits at the hearing:
Criminal Information
Crown Synopsis
Criminal Record
Forensic Inpatient Assessment Report
Psychiatrist Progress Note from November 2024
Psychiatrist Progress Note from February 2025
Psychiatrist Progress Note from March 2025
Court Transcript
Disposition Hearing Outcome
Warrant of Committal
Warrant of Committal with disposition of detention
Hospital Report dated June 4th, 2025.
The issues for this hearing were whether Mr. Othman meets the threshold for significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition, having regard to the factors set out at s. 672.54 of the Criminal Code.
For the reasons set out below, the Board finds that Mr. Othman does pose a significant threat to the safety of the public and that a Detention Order remains the necessary and appropriate Disposition.
Positions of the Parties
On behalf of the hospital, Ms. Tom stated the position that Mr. Othman is a significant threat to the safety of the public and the appropriate Disposition is a Detention Order with terms and conditions as set out at page 21 of the Hospital Report dated June 4, 2025, filed as Exhibit 12.
Ms. Ferguson, on behalf of the Attorney General, joined with the hospital.
Mr. Rodé stated that he had instructions to join the hospital.
Index Offences
- The circumstances surrounding the index offences are described in the Hospital Report, as follows:
“At approximately 2:10 p.m. on Tuesday September 17, 2024, Kingston Police Officers Cst. Dale Clarke and Cst. Chris van Laren were radio dispatched to attend the area Norman Rogers and Van Order Drive, City of Kingston for a reported black male grabbing a female’s buttocks. RD 24-33024. The complainant contacted police advising of the incident. The complainant then followed the above mentioned male, later identified as Gaffar OTHMAN. The complainant stated he observed the male was into a unit at 28 Cliff Crescent.
Officers were unable to locate the female and several door knocks yielded negative results.
The complainant photographed the male involved and forwarded to police for evidence.
At approximately 5:50 p.m. on Tuesday September 17, 2024, Kingston Police Officers Cst. Dale Clarke and Cst. Chris van Laren were radio dispatched to attend the area of 251 Yonge Street, city of Kingston for a reported black male walking south bound naked, later identified as Gaffar OTHMAN. He was described as a black male, 30-35 years, heavy set with a beard, grey hooded sweater and black shorts that were down as he walked south bound on Yonge Street.
While walking sought bound on Yonge Street at the intersection of Yonge Forsythe Street, OTHMAN walked past victim, grabbed her right buttocks. Victim advised this took her by surprise and did not permit OTHMAN to do this. Victim stated OTHMAN did not speak to her and continued south bound on Yonge Street. While on route, Kingston Police dispatch updated officers that OTHMAN had flashed the complainant, new complainant and her friend. In speaking with police, complainant advised she was asking [sic]north bound on Yonge Street when she observed a OTHMAN matching the above description walking south bound on Yonge Street. The complainant states OTHMAN was fully clothed as previously stated, upon looking away and looking back, the complainant observed OTHMAN to have his shorts and under garments around his ankles.
The complainant the [sic]loses visual of the OTHMAN who is later observed by another witness. The witness advises he was walking east bound near the abandoned OTHMAN had his shorts and underwear down, wearing a grey hooded sweater. At that time, OTHMAN then takes all his clothes off before entering Lake Ontario.
At 6:05 p.m., Officers Cst. Van Laren and Cst. Dale Clarke arrived on scene. Officer observed OTHMAN swimming in the water approximately 100 yards from the shoreline. OTHMAN was voiced out to several times with no response.
At 6:28 p.m., Officer's requested that assistance of KFR and their marine unit.
At 6:54 p.m., Cst. Fournier placed OTHMAN under arrest.”
Background
The Hospital Report dated June 4th, 2025, filed as Exhibit 12, sets out Mr. Othman’s background in detail and has been considered by the Board.
Briefly summarized, Mr. Othman is presently 27 years of age. He was born in Abu Dhabi, in the United Arab Emirates. He has a fraternal twin brother. Mr. Othman came to Canada with his mother and twin brother at the age of two years old. His mother and father divorced after one year of marriage. Mr. Othman was raised solely by his mother. He has no relationship with his father.
Mr. Othman and his family moved to Kingston, Ontario when he was three years old. He has lived with his mother in Kingston since that time. He has not had any significant romantic relationships or significant friendships. Mr. Othman has no children.
Mr. Othman is supported by the Ontario Disability Support Program (ODSP).
Records indicate that Ms. Aliya Seed, Mr. Othman's mother, reported that during pregnancy she experienced some complications. These included pre-eclampsia, intermittent bleeding, and urinary tract infections.
The Forensic Inpatient Assessment authored by Dr. Tariq Hassan, dated October 2024, states Mr. Othman was reported to have been a sensitive child who required more attention than his fraternal twin brother. He attended the Challenge Program in middle school and the International Baccalaureate program at KCVI high school Both programs are attended by students with high academic achievements. Mr. Othman has not had any paid vocational experience.
Records further indicate that Mr. Othman began experiencing behavioural changes in 2013, at age 14. He began restricting his food intake and excessively exercising. The change in behavior was reported to have been attributed to bullying. He was followed by the Hotel Dieu Eating Disorders program in 2014 and diagnosed with Anorexia Nervosa and Obsessive Compulsive Disorder. Mr. Othman experienced several hospital admissions beginning in 2014. His course in hospital and psychiatric history is outlined below; see “Psychiatric History.”
Legal History
A Canadian Policy Information Centre (“CPIC”) report shows that on September 5, 2024, Mr. Othman was convicted of Assault a Peace Officer and Assault with Intent to Resist Arrest under s. 270(1)(a) and s. 270(1)(b), respectively, of the Criminal Code of Canada (the “Criminal Code”.)
A discharge summary from the Kingston Health Sciences Centre (KHSC) authored by Dr. Dijana Oliver and dated June 25, 2018, shows that Mr. Othman was charged with indecent exposure in May 2018. (This was not reflected in Mr. Othman's CPIC record, but was confirmed on September 18, 2024; see Criminal Record, Exhibit 3.)
The Forensic Inpatient Assessment authored by Dr. Tariq Hassan, dated October 8, 2024, indicates that Mr. Othman was brought to KHSC in police custody for exposing himself to a worker at Kingston Transit. He was subsequently admitted to KHSC from March 23 to May 25, 2017, following which he was referred to the Addiction Mental Health Services, Kingston, Frontenac, Lennox, and Addington (AMHS-KFLA) Court Diversion Program.
The Forensic Inpatient Assessment of October 8, 2024, also indicates Mr. Othman was convicted of Uttering Threats on August 26, 2019, for posting death threats on social media. He was incarcerated at the Quinte Detention Centre and was brought to KHSC because his mental health had deteriorated.
Psychiatric History
Mr. Othman was first admitted to the KHSC for psychiatric treatment from January 7 to 21, 2014. The admission was the first of eight admissions in 2014. His discharge diagnoses over the course of 2014 included anorexia nervosa, obsessive compulsive disorder and schizophrenia. Incidents related to the admissions included an assault on his mother, self-harm from punching himself in the face while in seclusion and a scalp laceration resulting from his mother hitting him in the head with a frying pan.
By 2016, his mother reported that he had become more isolated and his school performance had declined. He was messy and refused to shower or change his clothes, which his mother first noticed six months after he stopped taking Invega Sustenna injections in November 2014. On August 22, 2016, he was admitted on a Form 1/44 under the Mental Health Act due to his mother's concern that he would cause her bodily harm. This was extended to a Form 3 on August 24, 2016, due to concerns that his mental illness could result in serious physical or mental deterioration to Mr. Othman. He was put on a Form 33, having been found incapable of consenting to treatment. His mother agreed to be his substitute decision maker (“SDM”.) Then, on August 30th, his mother had a change of heart and refused to have her son treated against his will. She also refused a Community Treatment Order for him. On September 6, 2016, Mr. Othman withdrew his challenge to a finding of incapacity and was started on Invega Sustenna injections, which were subsequently organized by the Heads Up team.
Mr. Othman was again admitted to KHSC from March 23 to May 25, 2017, after he was brought to the KHSC by police after exposing himself to a worker at Kingston Transit. He was found to be disorganized with religious ideations. He was followed by Dr. Khan and the Heads Up team. Upon discharge, Mr. Othman's mother was agreeable to a Community Treatment Order.
Mr. Othman was again admitted to KHSC from June 21 to June 25, 2018. Despite receiving a long acting injectable medication, Mr. Othman remained psychotic with religious delusions, delusions of control and thought disorganization. He believed his neighbour and brother were Satanists. He thought his neighbor controlled him with telepathic powers. Two days prior to admission, Mr. Othman was found pacing in the basement and appeared preoccupied while brandishing a knife.
Mr. Othman was formally charged with indecent exposure from the incident in May 2018. On June 21, 2018, the day of admission, police recalled when Mr. Othman punched his brother in the face. He was admitted to the KHSC on a Form 1/42 and isolated due to acute safety concerns. He was put in locked seclusion when he was agitated and not responding to verbal de-escalation. On June 25th Mr. Othman's mother contacted the hospital unit and requested he be released as she believed it was normal for brothers to fight. He was discharged on June 25th when found to be at baseline. He was subsequently followed by Dr. Delva and the ACT Team on Invega Sustenna. There were two more admissions in 2018 to the emergency department of KHSC related to agitation and violent behavior towards family members. His paliperidone dosage was subsequently increased.
Mr. Othman was again admitted from August 26 to November 13, 2019, after decompensation of schizophrenia occurred secondary to medication non-adherence. At that admission, Mr. Othman had been brought to KHSC from the Quinte Detention Centre having been incarcerated for issuing death threats on social media. A Consent and Capacity Board hearing upheld treatment with antipsychotics, electric convulsive therapy, and the Community Treatment Order.
From March 3 to March 12, 2020, Mr. Othman was admitted to the KHSC Burr 4 unit. The discharge summary dated March 12 indicated that Mr. Othman was admitted due to multiple factors. There had been numerous police contacts and on the day of admission his mother phoned paramedics as Mr. Othman had been found lying on the ground completely unclothed.
Mr. Othman was admitted to KHSC three more times in 2020, each time related to aggressive incidents and each time discharged to his mother's home with follow up from the ACT Team.
Mr. Othman was again admitted to KHSC from January 16 to July 15, 2021. He was brought by police to the emergency department following an argument with his mother that resulted in Mr. Othman breaking furniture. His Community Treatment Order had lapsed in November 2020. He received his last dose of Invega Sustenna on November 13, 2020. His mother reported that Mr. Othman's symptoms had worsened during this stay in hospital. Mr. Othman was transferred from the North Shore ACT Team to the PSR ACT Team under the care of Dr. Ayonrinde. He remained incapable to consent to treatment and a Community Treatment Order was completed on July 13, 2021. He was discharged on July 15, 2021, to his mother's home.
Mr. Othman was admitted to KHSC for stabilization on December 15, 2021. The summary authored by Dr. Oliver, and dated December 15, 2021, stated that Mr. Othman was admitted for stabilization, psychiatric assessment, and re-introduction of antipsychotic medication. Prior to admission he was reported to have not been coping in the community. He was transferred to Providence Care Hospital on March 23, 2022. His previous Community Treatment Order was completed; however, it was not signed by his SDM, his mother. He remained in PCH from March 23 to August 24, 2022. The discharge report authored by Dr. Richard Millson, and dated August 24, 2022, stated that Mr. Othman was admitted for continued stabilization and to trial paliperidone without the addition of ECT. Upon discharge, Mr. Othman returned to his mother's home and was in the care of the PSR ACT Team.
Mr. Othman was admitted to KHSC from May 30 to June 7, 2024. He was brought to the hospital by police for threatening to harm his mother. He had been refusing his antipsychotic medication despite his Community Treatment Order. While in hospital, Mr. Othman was restarted on Invega Sustenna injectable and discharged on June 7, 2024, to his mother’s home and the care of the PSR ACT Team.
From June 24 to July 9, 2024, Mr. Othman was admitted to KHSC. Limited information was available about this admission, however, available information states that he was admitted for “homicidal ideation.” He was again admitted to the PCH forensic mental health unit for assessment of criminal responsibility and fitness to stand trial from September 25 to November 22, 2024. He was subsequently found incapable to consent to a Community Treatment Order on November 18, 2024. Consent was provided by his mother. The Community Treatment Order was assumed by Dr. Danilo de Jesus of the PSR ACT Team. Mr. Othman was then returned to the custody of the Quinte Detention Centre and the care of the ACT Team. He was uncooperative with the assessment and therefore the assessment was inconclusive. Dr. Selhi advised that he could return to PCH for another evaluation for criminal responsibility.
Current Diagnoses
- Mr. Othman’s current diagnosis is schizophrenia in partial remission.
Documentary Evidence—Hospital Report, May 28, 2025
The Hospital Report of May 28, 2025, includes extensive details about: i) Mr. Othman’s course in hospital from January 8 to March 5, 2025, provided by Dr. Selhi; ii) Mr. Othman’s course in hospital from March to June, 2025, provided by Dr. Selhi; iii) a section from the Psychological Risk Assessment Report dated May 16, 2025, by Dr. Christine Rose; and iv) a Summary of Risk & Conclusions provided by Dr. Selhi.
For the purposes of these Reasons for Disposition, each of the four items in the Hospital Report are worth referencing and are summarized here, as follows below.
i) Hospital Course January 8 to March 5, 2025, provided by Dr. Selhi
Mr. Othman's previous forensic admission at PCH from September 25 to November 26, 2024, occurred almost entirely in seclusion due to his impulsivity, psychiatric instability, and aggression. His evaluation for criminal responsibility was initiated during his hospital course beginning January 8, 2025, until March 5, 2025. Upon admission to the forensic unit at PCH on this occasion, Mr. Othman was calm and in behavioral control. He was largely medication compliant. He continued to accept his long-acting injectable antipsychotic medication. There was one instance in which he threw his food and kicked the door to his room, which led to a brief period of seclusion.
Mr. Othman continued to be ambivalent towards accepting oral antipsychotic medication into early February. He later refused these. He routinely stated that he did not see a benefit in taking more medication over what he felt was required and continued to have difficulty with reality testing. Other symptoms of psychosis included delusions of control, ideas of reference and thought broadcasting. He denied any thoughts that were sexually explicit in nature. Nevertheless, Mr. Othman reported that his symptoms had improved since his initial admission, while his insight remained limited. He also accepted the view that his experiences could be part of his mental illness. He remained stable without oral medication.
ii) Hospital Course from March 2025 to June 2025, provided by Dr. Selhi
Following his NCR hearing on March 20, 2025, Mr. Othman showed relative stability throughout the spring of 2025, however, he continued to respond to delusions and other symptoms of psychosis. He showed a calm and cooperative manner during almost all psychiatric interviews. He attended his monthly conferences and visited with his mother on the unit. He occasionally interacted with peers and attended recreational groups with some prompting. He made use of the yard and sometimes watched TV in the common area of Pod A. He did spend an excessive amount of time in his room and sometimes covered his window with paper.
With respect to medication adherence, despite being compliant with his long acting injectable Invega Sustenna, Mr. Othman's behavior showed some decline during April and May 2025 resulting in the need to increase its frequency and dosing. These measures ultimately failed, and Mr. Othman remained inconsistent with either regularly scheduled oral antipsychotics or accepting as-needed medication. Haldol was added to his medication regimen. He remains on oral Haldol with the long acting antipsychotic Invega Sustenna, however, his inconsistent acceptance of medication resulted in undertreated symptoms.
With respect to rule adherence, Mr. Othman has had three seclusions. Aside from that, Mr. Othman has had no positive drug screens, AWOL attempts, or chemical restraints. He was granted privileges at his court hearing on March 20, 2025, specifically, in hospital accompanied by staff and grounds accompanied by staff, however, he did not use any of these privileges in recent months.
iii) Psychological Risk Assessment report dated May 16, 2025, by Dr. Christine Rose
- The Hospital Report at page 13 includes an excerpt from the Psychological Risk Assessment report of Dr. Christine Rose dated May 16, 2025. It provides a detailed explanation of the methods used to calculate risk for non-sexual violence and sexual violence. The “Overall Risk Estimate” on page 19 of the Hospital Report provides Dr. Rose’s summary of Mr. Othman's risk, as follows:
“Based on actuarial estimates, Mr. Othman's risk for sexual violence is Well Above Average Risk. This rating is within the context of an absolute discharge on the date of his 2025 ORB hearing. Review of available information suggests that Mr. Othman's risk for sexual violence is associated with symptoms of psychosis. Mr. Othman lives with treatment resistant schizophrenia that has not been optimally treated at various points in his life, largely due to medication non-compliance. File information suggests episodes of poor sexual self-regulation during periods of active psychiatric symptoms. There was no available evidence of sexual dysregulation in the context of optimally treated or remitted symptoms. Thus Mr. Othman’s Static 99R score likely represents his static risk based solely on behaviors that occurred when he was actively mentally ill.
Mr. Othman's risk for non-sexual violence, as assessed by the HCR-20, is considered to be High in the context of an absolute discharge. Under the external control offered by a detention order, Mr. Othman's risk would fall in the Moderate to High range, depending on the severity of his psychotic symptoms and compliance with medications.”
iv) Hospital Report: Summary of Risk & Conclusions provided by Dr. Selhi
- A “Summary of Risk & Conclusions” is provided by Dr. Selhi beginning on page 19 of the Hospital Report and reads as follows:
“Mr. Othman is a 27- year old man with schizophrenia who was declared NCR on March 20 2025 for charges of sexual assault and indecent act from September 2024. Since his initial admission to PCH, which started in September 2024, Mr. Othman has shown considerable improvement in his symptoms of schizophrenia, though he has largely remained in the assessment area of our forensic unit given that his symptoms continue to affect his behavior. Moreover, while Mr. Othman has been accepting of his long-acting antipsychotic medication since November 2024, this medication has become insufficient to control his psychotic disorder, especially since he is inconsistent with his other medications. He remains however capable of consenting to treatment.
Mr. Othman is a significant risk to the public given his history of sexual and non-sexual violence, his undertreated symptoms of a major mental disorder, his pattern of non-adherence to medication, and his current status as a forensic inpatient at PCH in the assessment unit. Given that Mr. Othman’s violence appears to primarily stem from his active symptoms of psychosis, consistent medication management will play an important role in mitigating Mr. Othman's risk. Yet, non-pharmacological interventions, such as psychotherapy, formal and informal group therapy, and psychosocial rehabilitation, may also significantly impact his trajectory through the forensic system.
Mr. Othman will remain in the acute assessment area until his symptoms have more fully resolved. This could be achieved by either a change of LAI or consistent acceptance of oral antipsychotics. Following this, Mr. Othman will be transitioned to a less acute area of the unit (“Pod B”) and begin to use the privileges he was granted from his disposition at court. If he were to achieve psychiatric stability within the foreseeable future, he may be able to attain indirect privileges within the community over the next reporting period.”
- The disposition recommendations of the treatment team were endorsed by the Person in Charge of the hospital and are included at page 21 of the Hospital Report, as follows:
“Recommendations
- detained within the secure forensic unit of Providence Care Hospital
- to attend within or outside of the hospital, accompanied by staff for necessary medical, dental, legal or compassionate purposes
- Hospital and grounds privileges, accompanied by staff or a person approved by the person in charge
- hospital and grounds privileges, indirectly supervised
- to enter the community of Kingston within a 20km radius of Providence Care Hospital, accompanied by staff or a person approved by the hospital in charge
- to enter the community of Kingston within a 20km radius of Providence Care Hospital, indirectly supervised
- abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant
- submit samples of his urine and or breath to the person in charge of Providence Care Hospital, or his/her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs or any other intoxicant
- refrain from having in his possession any firearm, ammunition or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer”
Evidence at the Hearing
The hospital’s evidence was presented in the Hospital Report as well as through the oral testimony of Dr. Zoe Selhi, Mr. Othman’s treating psychiatrist.
Dr. Selhi has been Mr. Othman’s treating psychiatrist since mid-November 2024. She is the author of the information in the Hospital Report dated June 4, 2025, including the opinion that Mr. Othman is a significant risk to the safety of the public and the information with respect to a disposition order. She adopted the information in the Hospital Report.
Dr. Selhi stated that her opinion is based on a number of factors. These include that Mr. Othman has committed significant violent offences, sexual in nature, largely the result of untreated symptoms of his major mental illness of schizophrenia. He continues to have some under-treated symptoms, and, as a result, he remains in the hospital’s forensic unit, where he has been for some time. Mr. Othman was previously undertreated, although he as definitely improved substantially. He had several periods of seclusion in April and May of 2025, but there have been no further seclusions since then. When Mr. Othman was first seen at PCH for his admission in September 2024, he was largely symptomatic with active psychosis and then remained in seclusion for approximately two months.
Dr. Selhi testified that Mr. Othman accepts his injectable medication. He had some problems being consistent with taking his oral medication but has recently been more consistent. His injectable medication dosing and frequency was most recently increased in early May 2025. He was assessed as capable to consent to treatment in January 2025 and continues to be capable to consent to treatment. He has partial insight with respect to his major mental illness and medications. He has some understanding that he has a major mental illness that requires treatment and takes his treatment, as he did when in the community. The team has been working towards changes to his treatment regimen since he has been under Dr. Selhi’s care.
Dr. Selhi testified that going forward, the focus for Mr. Othman’s care will be to work towards a good medication treatment regime that will continue to help him, engage him in group therapy and recreational programs, assist him to use his privileges in the hospital, as well as on hospital grounds and in the community, and to eventually be able to go out into the community indirectly supervised.
Dr. Selhi testified that, as noted in the Hospital Report at page 21, currently, Mr. Othman is not using any privileges. He has been granted privileges to be on hospital grounds. He was previously on Pod B for a short period of time, which is when he was granted the same privileges, however, he went back into either seclusion or Pod A (which has a higher level of security and more staff than Pod B) and has not been able to use his privileges since. He could go back to Pod B at some point if he continues to do better and, eventually, he will be able to go back to privileges in the hospital.
Dr. Selhi testified that Mr. Othman has contact with his family, i.e., his mother, who visits him quite frequently. Dr. Selhi has had contact with Mr. Othman’s mother and has received information from her with regard to how he was doing at the time of his charges, details of his major mental illness and medication, and how he does in general on medication. In response to a question from the panel, Dr. Selhi stated that his mother also shared that she believes Mr. Othman does better on a lower dose of medication, specifically 100mg of Invega Sustenna every four weeks, that he has not done well on his current dosing and frequency in the past and her concerns about other aspects of his medication regimen, such as his current treatment with oral Haldol. Dr. Selhi has reassured Mr. Othman’s mother that she has spoken to Mr. Othman about that the previous dosing at 100mg every four weeks and that he seems to be responding quite well to his current medication regime. Dr. Selhi stated that Mr. Othman’s mother “just wants to see her son do well.”
In response to questions from the panel, Dr. Selhi testified that with respect to the nature of the sexual assaults by Mr. Othman, in her opinion, the assaults were related to his major mental illness, rather than to any sexual pathology. In sessions with Dr. Selhi, Mr. Othman did not discuss anything in relation to the sexual assault and he decided not to discuss it for the purposes of his criminal responsibility evaluation. He has not been sexually preoccupied or discussed any sexual themes with Dr. Selhi. He has not been sexually inappropriate, especially upon his return to the unit in January 2025. Dr. Selhi stated that while it could be something to consider, it is her opinion that his sexual thoughts and thinking are within the range of normal limits.
Dr. Selhi testified that there are no sexual offender programs at PCH. With respect to any plans to treat Mr. Othman in a group, Dr. Selhi stated that when Mr. Othman has been treated for his major mental illness, the treatment team would look into group treatments. However, at this time, Mr. Othman’s symptoms of his major mental illness are not fully treated and that is the current main focus. He needs treatment more generally related to his major mental illness and increasing understanding of his illness in general. He has not had extensive treatment for his major mental illness in the past. Dr. Selhi stated that she is open to considering any treatment at any point in time for Mr. Othman.
Dr. Selhi testified that she believes that Mr. Othman’s charges are his first sexual charges. She did not know if there have been many past incidents. She believes that Mr. Othman was undertreated in the community. Regardless, Mr. Othman has only just entered the forensic system and treatment planning is still in the initial stages. Mr. Othman is still being kept on Pod A related to the fact that he is at a subacute level.
In response to a question from the Crown, Dr Selhi stated that when Mr. Othman has been untreated in the community, he has symptoms of his major mental illness, which in turn effects not only his sexual behaviour, but also generates aggression. Dr. Selhi stated that she is hesitant regarding any focus on sexual behaviours or incidents, such focus being narrow, and stated that she wished to “broaden the way he is portrayed here today.” The focus on Mr. Othman ought to be that he has a major mental illness that requires treatment in many domains. Her current focus for Mr. Othman is on medication and addressing his insight, which has been somewhat challenging. In future, once treatment is established, Dr. Selhi would be open to considering any treatment for Mr. Othman, including one that explores a possible sexual disorder.
No further evidence was called.
Submissions
Ms. Tom submitted that with respect to significant risk and taking into account the safety of the public and Mr. Othman’s needs, a Detention Order with the terms and conditions set out in the Hospital Report dated June 4, 2025, at page 21 is the appropriate disposition. It is “early days” for Mr. Othman. In her testimony, Dr. Selhi focussed on treatment for stabilizing Mr. Othman with respect to medication for his major mental illness and improving his insight. Regarding questions related to sexual pathology, Dr. Selhi’s evidence was that she does not see that as an issue at this stage in Mr. Othman’s treatment but is open to exploring that at an appropriate future point in time. The potential for progression of privileges for Mr. Othman, as set out in Hospital Report, is appropriate and there is a good treatment plan in place that takes into account that he was previously undertreated in the community.
Ms. Ferguson on behalf of the Attorney General had nothing further to add.
Mr. Rodé, on behalf of Mr. Othman, had nothing further to add. He also noted and agreed with Ms. Tom’s comment that that it is “early days” for Mr. Othman with respect to his treatment and that from discussions with his client, Mr. Rodé knows that Mr. Othman is looking forward to continuing with treatment.
Analysis and Conclusion
Having considered all of the evidence presented at the hearing and the submissions of the parties, the Board finds that Mr. Othman poses a significant threat to the safety of the public as set out at s. 672.5401 of the Criminal Code, and as further defined by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute) 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
Notwithstanding the recommendations of the parties, the Board finds that the terms set out in the Hospital Report, page 21, and included in these Reasons for Disposition at paragraph 43, constitute a Detention Order that is necessary and appropriate, and the least onerous and least restrictive Disposition in all of the circumstances.
As accounted for in Dr. Rose’s risk assessment report, Mr. Othman’s risk for sexual violence is “Well Above Average” (within the context of an absolute discharge) and is associated with his symptoms of psychosis, for which he has a history of sub-optimal treatment. There was no available evidence of sexual dysregulation in the context of optimally treated or remitted symptoms, however, past episodes of poor sexual self-regulation occurred during periods of active psychiatric symptoms.
Also accounted for in Dr. Rose’s risk assessment report, Mr. Othman's risk for non-sexual violence, as assessed by the HCR-20, is considered to be “High” in the context of an absolute discharge and “Moderate to High” under a Detention Order, depending on the severity of his psychotic symptoms and compliance with medications. As is currently true for his risk of sexual violence, his risk for non-sexual violence will persist until he is optimally treated.
With respect to the Board’s paramount consideration of protection of the public, the Board finds that Mr. Othman’s risk of violence is significant. His violence stems primarily from his active symptoms of psychosis. When psychotic, he experiences symptoms that affect his behaviours. Again, until Mr. Othman is optimally treated with antipsychotic medication, his risk for violence persists. Under the terms of the Disposition Order from the panel, Mr. Othman will receive the treatment he needs.
Mr. Othman’s psychiatric history shows a recurring pattern: he was admitted to hospital, his treatment was reviewed or adjusted, and he was then discharged. After discharge, he typically relapsed and was involved in a violent incident in the community, which lead to his readmission. Through his teens and early twenties, the incidents became more violent and eventually resulted in criminal charges beginning in May 2018. If not subject to a Detention Order, it is likely that Mr. Othman would decompensate in the community, resulting in violent behaviour.
The optimal course of medication and treatment management for Mr. Othman is still a work in progress. He is still not stable on his injectable antipsychotic medication. He continues to be inconsistent with respect to his oral antipsychotic medication. As stated by Dr. Selhi, Mr. Othman’s major mental illness was likely undertreated in the community and is treatment resistant.
Non-pharmacological interventions, such as psychotherapy, formal and informal group therapy, and psychosocial rehabilitation, have yet to be explored for Mr. Othman, which may also serve to mitigate his risk in the future. Overall, Mr. Othman continues to be assessed and the team continues to work with him to achieve an adequate degree of stability such that further privileges can be granted. At this time, Mr. Othman continues to be a significant risk to the safety of the public.
Mr. Othman’s insight remains limited. Dr. Selhi stated that Mr. Othman’s major mental illness requires treatment in many domains. Her current focus for Mr. Othman is on medication and addressing his insight, which has been somewhat challenging. In future, once treatment is established, Dr. Selhi would be open to considering any treatment for Mr. Othman, including one that explores a possible sexual disorder. In the meantime, consistent medication management in the hospital will play an important role in mitigating Mr. Othman’s risk and improving his insight.
Once stable on antipsychotic medication, Mr. Othman will be able to take part in non-pharmacological forms of therapy to contribute to his progress and enhance his quality of life, such as group activities and outings, conducive to his future reintegration into society.
With respect to Mr. Othman’s other needs, the Hospital Record shows that Mr. Othman’s relationship with his mother and brother has been fraught with instances of violence in the course of his symptoms of psychosis over many years. His mother is his SDM and comes to visit him regularly. The panel hopes for Mr. Othman that stabilization of his major mental illness will contribute to enhancing his relationships, including with his mother, and enable him to form new relationships.
Having considered the four factors set out in s. 672.54 of the Criminal Code, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs, the Board finds that a Detention Order is the necessary and appropriate, and the least onerous and least restrictive Disposition in all of the circumstances.
DATED this 11th day of August 2025, at the City of Toronto, in the Toronto Region.
Ms. K. Weisbaum Legal Member
Office of the Registrar
Ontario Review Board