Re Nanya Mokom Nathanael Andoseh, 2025 CanLII 84089

Ontario Review Board

Re: Nanya Mokom Nathanael Andoseh

ORB File No: 8518

Hearing held on: Monday, July 28, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

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

Before:

Alternate Chairperson: Mr. J. Goldenberg Members: Dr. A. Park Dr. A. Kerry Mr. R. Bigelow Mr. J. Cyr

Parties Appearing:

Accused: Nanya M.N. Andoseh Counsel: Mr. T. Whillier

The person in charge of hospital: Representative: Dr. K. De Freitas

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated August 22, 2025)

1. On January 5, 2023, Nathanael Andoseh was found not criminally responsible by reason of mental disorder, on charges of assaulting a peace officer with a weapon, obstruction of a peace officer, assault causing bodily harm, assault with a weapon and assault by choking or strangling. That finding was made in the Province of Ontario. Subsequently, Mr. Andoseh was transferred to the jurisdiction of the Ontario Review Board. He is currently subject to a Disposition of the Review Board dated October 4, 2024, by which he was ordered to be detained within the Forensic Program of Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) with a number of prohibitions and privileges. That Disposition did not contain a privilege of living in the community.

2. On Monday, July 28, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the annual review of Mr. Andoseh’s Disposition. We note for the record that Mr. Andoseh was present and that Mr. Andoseh’s father, Jeremiah, was an observer via Zoom.

Position of the Parties:

3. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

4. Dr. De Freitas appeared for Ontario Shores. She advised of the hospital’s recommendation for a continuation of a Detention Order with the terms set out in last year’s Disposition. The hospital is now recommending, however, the privilege of living in the community in approved accommodation, and if the Board so grants, a reporting requirement of not less than once per week. In response to a question from the Alternate Chair, Dr. De Freitas acknowledged that if the Board were to specify the level of security, in this case it should be a Detention Order to the General Forensic Service at Ontario Shores. Dr. De Freitas also noted that Mr. Whillier, counsel to Mr. Andoseh, would be asking for an expansion of paragraphs 2(d) and (e) so that passes would now read for up to seven days to enter the community within a 150-kilometre radius subject to the prior approval of the person in charge of Mr. Andoseh’s proposed itinerary.

5. Ms. MacDonald appeared for the Attorney General. She supported the hospital’s recommendation. She supported the Board specifying the level of security and Ms. MacDonald supported the expansion of the community passes.

6. Mr. Whillier appeared for Mr. Andoseh. He and his client support the hospital’s recommendation. Mr. Whillier explained the rationale behind the proposed expansion of community passes. Mr. Whillier noted that his client has property in London, Ontario and his client would like to be able to travel to London in connection with a potential sale of the London property.

7. In response to a question from the Alternate Chair, Mr. Whillier acknowledged that at the present time, his client accepts that he represents a significant threat to public safety as that term is used in the jurisprudence and his client also accepts that the necessary and appropriate Disposition is continuation of a Detention Order.

Index Offences:

8. "On July 28, 2021, Mr. Andoseh was in custody in Amos, Quebec when he refused to return to his cell and then, after being sprayed with “inflammatory agents”, threw a fan towards a correctional services officer hitting him in the lower back.

On December 16, 2021, Mr. Andoseh got into a fight with a fellow inmate of the facility in Amos. Security cameras showed that Mr. Andoseh hit the victim and the two started to fight. The victim spit on Mr. Andoseh and kicked him. Mr. Andoseh punched the victim in the face, strangled him and hit his head against the wall. He also used a kettle to hit him. The victim bled from his head.”

Evidence at Hearing:

9. The Board admitted into evidence a Hospital Report dated June 12, 2025. The Hospital Report provides a great deal of information concerning Mr. Andoseh, his personal history, his mental health history, details of the index offence and Mr. Andoseh’s course in hospital following the original finding of not criminally responsible.

10. In addition to the documentary evidence, the Board heard from Dr. De Freitas. Dr. De Freitas states that her patient is ready to move into the community. Dr. De Freitas anticipates that this could occur within a few weeks or months after the hospital receives the Board’s Disposition. If the Board grants community living, the hospital is asking for a reporting requirement of not less than once every seven days. Dr. De Freitas agrees with the expansion of the community pass privileges as requested by Mr. Whillier on behalf of his client.

11. Dr. De Freitas noted that her patient has enjoyed “a very good year”. The doctor noted that the Substitute Decision Maker, Mr. Andoseh’s mother, requested a reduction of Mr. Andoseh’s medication. Dr. De Freitas was not pleased with that request but of course accepted the instructions of the SDM. The doctor was concerned that a reduction of Mr. Andoseh’s medication could lead to a return of symptoms. To date, however, that has not occurred.

12. Dr. De Freitas noted her patient’s wish to move to his parents’ home. The Alternate Chair asked, and Mr. Andoseh advised, that his parents live in Markham, Ontario. Dr. De Freitas noted that the hospital will conduct an assessment of the suitability of that proposed residence. There are some issues in that the parents annually take trips to Cameroon and the hospital would like to work out some arrangement that would result in at least one parent being available in the family home while Mr. Andoseh is living there.

13. In response to questions from Crown counsel, Dr. De Freitas acknowledged that Mr. Andoseh has frequently exercised passes over the past year to visit with his parents. Dr. De Freitas noted that more accurate description of the first diagnosis should be Bipolar 1 Disorder, in partial remission in a controlled setting. The other diagnosis is “Cannabis Use Disorder”.

14. In response to questions from panel members, Dr. De Freitas noted her concern of potential limited insight of the SDM in connection with the appropriate amount of medication. Again, in response to questions from panel members, Dr. De Freitas noted an intention to involve an ACT team once the patient has moved into the community.

15. Again, in response to questions from panel members, Dr. De Freitas repeated that her patient is very high functioning. Dr. De Freitas also noted that her patient would like to find employment. He would like to be working as an engineer but would like to find a position that would allow him to work four days per week.

16. Dr. De Freitas repeated her opinion that Mr. Andoseh remains treatment incapable. Mr. Andoseh does not fully appreciate the potential risk should he go off medication or should he seek a further reduction of his medication. Dr. De Freitas repeated Mr. Andoseh underestimates the potential risk.

17. No other evidence was heard at this hearing.

Findings of the Board:

18. The Board noted that all parties were making a joint recommendation. All parties accept that at the present time, Mr. Andoseh remains a significant threat to public safety and at the present time, the necessary and appropriate Disposition is a Detention Order including the privilege of living in the community in approved accommodation.

19. In the Board’s opinion, the parties’ joint recommendation is well founded.

20. We accept without reservation the evidence of Dr. De Freitas and the evidence contained in the Hospital Report. In particular, we accept that at the present time, Mr. Andoseh remains a significant threat to public safety and that a Detention Order is both necessary and appropriate.

21. This panel will direct an ongoing Detention Order directing detention in the General Forensic Service at Ontario Shores. We will include the privilege of living in the community. We will include a requirement to report not less than once per week and we will expand the privileges set out in last year’s Disposition and permit privileges for up to 250 kilometers and for up to seven days. In the Board’s opinion, this is a reasonable request given the reasons stated by Mr. Whillier on behalf of his client.

22. In reaching our Disposition, the Board has taken into consideration public safety, Mr. Andoseh’s mental condition and his other needs, and Mr. Andoseh’s reintegration into society.

DATED this 22^nd day of August, 2025, at the City of Toronto, in the Toronto Region.

Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board