Re Julian Heradi, 2025 CanLII 86851

Ontario Review Board

Re: Julian Heradi

ORB File No: 8277

Hearing held on: Thursday, July 31, 2025

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

Pursuant to: Sections 672.48(1) and 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: Julian Heradi Counsel: Mr. A. Rai

The person in charge of hospital: Counsel: Ms. J. Szabo

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

REASONS FOR DISPOSITION

(Dated August 26, 2025)

1. On April 13, 2023, Julian Heradi was found unfit to stand trial on charges of assault causing bodily harm and failing to comply with probation (x2).

2. Mr. Heradi is currently subject to a Disposition of the Ontario Review Board dated July 22, 2024. At that time, he was again found unfit to stand trial and that panel directed that Mr. Heradi be detained “at the Forensic Service of the Ontario Shores Centre for Mental Health Sciences with a number of privileges and prohibitions, including the privilege of living in the community in supervised accommodation”.

3. On Thursday, July 31, 2025, the Ontario Review Board convened a hearing at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”) and conducted the annual review of Mr. Heradi’s Disposition.

Position of the Parties:

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

5. Ms. Szabo appeared for Ontario Shores. She advised of the hospital position that Mr. Heradi remains unfit to stand trial and, if the Board so finds, a continuation of the Disposition with the terms set out in last year’s Disposition with one new privilege, hospital and grounds indirectly supervised.

6. In response to a question from the Alternate Chair, Ms. Szabo advised that in the event the panel saw fit to specify the level of security, the hospital would then be asking that Mr. Heradi be detained on a Secure Forensic Unit but with discretion given to the person in charge to transfer Mr. Heradi to a General Forensic Unit when his condition improved to the point where detention on a General Forensic Unit would be both necessary and appropriate.

7. Ms. MacDonald appeared for the Attorney General. She supported the hospital’s position. Ms. MacDonald also supported the Board specifying the level of security as suggested by Ms. Szabo.

8. Mr. Rai appeared for Mr. Heradi. Mr. Rai accepted that his client presently is unfit to stand trial, and Mr. Rai supported the Board directing detention on a Secure Forensic Unit but with discretion given to the person in charge to transfer to a General Forensic Unit. The Board understands that Mr. Heradi is presently being detained on a Secure Forensic Unit.

Outstanding Charges:

9. "On Tuesday June 7th, 2022, the accused was a patient of CAMH on the 7th floor ward, located at 1025 Queen Street West in the City of Toronto. At this time, the accused approached the victim, who is a nurse at CAMH, and asked if she could help him with changing the TV channel in the common room lounge. The victim attended the lounge and changed the channel for the accused. As the victim proceeded to leave the lounge toward the nurses office, the accused, without provocation, from behind the victim swung with a closed fist and struck the victim in the back of her head (CHARGES 1-3). The victim immediately fled into the safety of the nurses office and the accused fled back to his room.

On Tuesday, June 21st, 2022, medical personnel at CAMH called to advise about the release of the accused. The accused was arrested and transported to 14 Division where he was held pending a Show Cause hearing.

INJURIES: A concussion and a pinched neck nerve.”

Evidence at Hearing:

10. The Board admitted into evidence a Hospital Report dated July 24, 2025. The Hospital Report provides a great deal of information concerning Mr. Heradi, his personal history, his mental health history, details of the index offence and Mr. Heradi’s course in hospital following the original finding of unfit to stand trial. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons. We do note, however, the stated diagnoses of:

Schizophrenia

Intellectual Developmental Disorder, Moderate Provisional

11. In addition to the documentary evidence, the Board heard from Dr. Bhullar. Dr. Bhullar last assessed her patient for fitness yesterday. Mr. Heradi advised that he was charged with assault, but he could not recall any other charges. The doctor asked Mr. Heradi to “walk me through a court room”. Mr. Heradi struggled to provide that information to the doctor. When asked about potential pleas, Mr. Heradi answered “guilty or not guilty”. When asked what would happen if the judge found him to be not guilty, Mr. Heradi concluded that “then I did not do the crime”. When asked what would happen if he was found guilty, Mr. Heradi was unable to provide an answer. When asked about the nature of a trial, Mr. Heradi answered “you get trialled for your remand”. When asked who makes the decision in the court room, Mr. Heradi could not provide an answer. At some point, Mr. Heradi suggested that the judge had to provide evidence. When asked what would happen if he were to plead guilty, Mr. Heradi repeated that he was not sure and then said maybe “get jail time”. Mr. Heradi then said that it is the judge who would make that decision. When asked, Mr. Heradi had no response to a question about the role of the Crown. He did respond that his lawyer would “defend me”. Mr. Heradi also said that an oath is given to ensure that he would tell the truth. Mr. Heradi also stated that if one lies, “it’s a perjury”. Dr. Bhullar went on to state that throughout yesterday’s meeting, Mr. Heradi was easily distracted and acted in a childish manner. The doctor does not believe that Mr. Heradi could meaningfully participate in a trial, nor could he meaningfully give appropriate instructions to his lawyer.

12. The doctor advised that Mr. Heradi has been using a number of privileges. He is either now or soon will be at Level 5, which would permit indirectly supervised hospital and grounds passes. The doctor emphasized that great care would be taken to ensure that Mr. Heradi could safely use indirectly supervised hospital and grounds passes. The doctor indicated one technique is to start off by the patient leading a staff member on to the grounds.

13. The doctor believes that potentially Mr. Heradi could move to a General Forensic Unit at some time over the next 12 months. The doctor believes that Mr. Heradi at some point in the future would be ready to move into supervised housing. The ideal arrangement would be if Developmental Services Ontario (DSO) could find an appropriate housing opportunity.

14. In response to questions from Crown counsel, Dr. Bhullar was not prepared to state that presently, her patient is “permanently unfit to stand trial”.

15. In response to questions by Mr. Rai, Dr. Bhullar acknowledged that Mr. Heradi has not acted out violently in the hospital. He has participated to some extent in certain groups.

16. In response to questions from a panel member, Dr. Bhullar indicated that the team is still waiting for Passport funding from DSO.

17. No other evidence was heard at this hearing.

Final Submissions:

18. All parties accept at the present time that Mr. Heradi is unfit to stand trial and at the present time, the necessary and appropriate Disposition is that he be directed to be detained in a Secure Forensic Unit but with discretion given to the person in charge to transfer to a General Forensic Unit when his condition improves to the point that he could be safely managed in a General Forensic Unit.

Findings of the Board:

19. The Board accepts the evidence of Dr. Bhullar and the evidence contained in the Hospital Report. We accept that at the present time, Mr. Heradi is unfit to stand trial. We accept that he could not reasonably participate in a trial nor reasonably and appropriately instruct counsel on his behalf. We also note that Mr. Heradi seems to be able to answer some of the usual questions appropriately. We would hope that the clinical team would continue to educate Mr. Heradi about fitness matters.

20. We think it appropriate to note one other matter.

21. Mr. Heradi is a young man described as having longstanding emotional, behavioural, and learning challenges, contributing to a complex clinical profile. According to Mr. Heradi’s previous Reasons for Disposition and current Hospital Report, following an admission to hospital in Peterborough (2019), he received a diagnosis of Intellectual Disability. It is unclear whether a cognitive assessment was completed during the 2019 admission, or whether Ontario Shores has a copy of the assessment report. In January 2024, while at Waypoint Centre for Mental Health Care, a neuropsychological assessment was initiated. However, the Hospital Report outlined limitations regarding the utility of the assessment results, including active symptoms of his mental illness at the time of testing, limited engagement and effort (only attended 3 sessions for approximately 20 minutes each), and attention difficulties (diagnosis of ADHD). Taken together, the Board hopes that Ontario Shores completes a comprehensive cognitive and adaptive functioning assessment with Mr. Heradi. He has demonstrated stability over the past reporting year, which presents an appropriate and optimal window to conduct a cognitive and adaptive functioning assessment that can provide a valid and reliable estimate of his current intellectual functioning and abilities. He may require several brief assessment appointments, breaks, and encouragement to complete the assessment. The results of the assessment can identify responsivity factors and help tailor expectations and interventions to his abilities and learning style. In absence of the cognitive assessment, expectations and programming may result in a mismatch between the demands of the environments and Mr. Heradi’s abilities. This mismatch can lead to frustration, reduced engagement, and potential increased risk of behavioural incidents. Additionally, without knowing Mr. Heradi’s cognitive abilities, his treatment team and supports may misinterpret his behaviours as noncompliance or resistance. Finally, having a comprehensive assessment of Mr. Heradi’s cognitive and adaptive functioning across multiple domains can guide realistic goals and planning, including for community privileges and supports including Passport funding.

Conclusion

22. As a result, the Board finds Mr. Heradi to be unfit to stand trial. The Board finds that the necessary and appropriate Disposition is the one agreed to by the parties, namely, detention on a Secure Forensic Unit with discretion given to the person in charge to transfer to a General Forensic Unit at the appropriate time. We will include indirectly supervised hospital and grounds passes.

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

DATED this 26th 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