Re: Rashid Cali Mahamoud
ORB File No: 7527
Hearing held on: Wednesday, August 27, 2025
Place of hearing: Royal Ottawa Mental Health Centre (via Zoom Video Conference)
Pursuant to: Sections 672.48(1) and 672.81(2) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Weinstein Members: Dr. T. Verny Dr. T. Stirpe Ms. K. Tomaszewski Mr. M. Hajek
Parties Appearing: Accused: Rashid Cali Mahamoud Counsel: Ms. K. Macrae
The person in charge of hospital: Representative: Dr. F. Wood
Attorney General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION (Dated September 8, 2025)
Introduction
On April 15, 2019, Mr. Rashid Cali Mahamoud was found unfit to stand trial on account of mental disorder, on a charge of sexual assault, contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. Mahamoud is subject to a Decision and Disposition of the Ontario Review Board (the “Board”), dated October 18, 2024, which ordered that he be detained at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (“Royal Ottawa”).
On August 27, 2025, the Board convened a hearing via Zoom to conduct an early review of the current Disposition.
By email dated July 4, 2025, the Royal Ottawa requested an early hearing, pursuant to s. 672.81, of the current Disposition.
Mr. Mahamoud was present at the hearing, and was represented by his counsel, Ms. K. Macrae.
An Abbreviated Hospital Report (“Hospital Report”), dated August 8, 2025, was entered as Exhibit 1.
The issues at this hearing are whether to amend his current Disposition as follows:
a) Change paragraph 2(f), which currently states: “to live in the community in supervised accommodation in a locked residence, as approved by the person in charge,” to: “to live in the community in 24/7 supervised accommodation, approved by the person in charge”.
b) To increase his reporting requirements, as set out in paragraph 4(c) of his current Disposition, from not less than once per month to not less than once per week.
- For the reasons set out below and based on the expert evidence and opinions before us, the Board agreed with the proposed amendments to his current Disposition.
Current Psychiatric Diagnoses
- Schizophrenia Intellectual Disability (moderate) Autism Spectrum Disorder Alcohol and Cannabis Use Disorder – in forced remission
Reason for Change to Paragraph 2(f)
- The circumstances giving rise to the request to paragraph 2(f) are extracted from the Hospital Report. The following extracted paragraphs are relevant to this hearing:
“Initially, one of the main issues that arose was confusion about Mr. Mahamoud’s source of funding for housing placement in the community, where there was uncertainty about whether it was specifically attached to Mr. Mahamoud versus solely to the placement agency in the community. It was later learned that this source of funding was not attached to Mr. Mahamoud, which will delay his placement in the community. The team was initially notified that a transition home (Rockdale House) in the community could become available with an initial meeting and meet-and-greet would occur on December 09, 2024. It was felt that this home would be ideal, given that there was a locked unit and cameras in the home. However, this apparently fell through due to the funding issue. During multiple meetings, the team has been advised that a community agency would have to agree to take Mr. Mahamoud on their roster once funding does become available, which has not occurred by the time of writing this report.
Another theme that repeatedly came up in conversation with these various agencies was the term “locked” unit and residence. In March 2025, contacts at Service Coordination Support (SCS) advised that the messaging from the Ministry of Children, Community and Support Services (MCCSS) suggested concerns around the term “locked.” MCSSS and SCS expressed wanting confirmation from the ORB that if an individual wanted to leave or no longer receive service, that this would not be against their orders.”
Position of the Parties
- At the conclusion of the hearing, the representative for the hospital, counsel for the Attorney General and counsel for Mr. Mahamoud advised that this was a joint recommendation. All agreed that:
a) To amend paragraph 2(f), to allow Mr. Mahamoud to live in the community, in 24/7 supervised accommodation, approved by the person in charge; and
b) To increase his reporting requirements from not less than once per month to not less than once a week.
- It should be noted that there were various representatives from MCCSS and other organizations who were initially subpoenaed to testify; however, all agreed with the proposed recommendation.
Evidence at the Hearing
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Wood.
Dr. Wood is Mr. Mahamoud’s attending psychiatrist and he testified as follows:
a) As a result of various conversations, he has had with the Ministry of Children, Community and Support Services (“MCCSS”), Developmental Services Ontario (“DSO”), Innovative Community Support Services (“ICSS”) and Service Coordination Support (“SCS”), it was jointly agreed that the panel’s original wording, that Mr. Mahamoud live in the community “in a locked residence” was not workable. It was also agreed by all these organizations that having him subject to ingress and egress to any accommodation with a fob was also unworkable.
b) All organizations and the hospital agreed that this new wording will allow Mr. Mahamoud to find appropriate housing within the community much more quickly.
c) The organizations the treatment team was liaising with do have some accommodations with locked units, but the waitlist times are unreasonable for Mr. Mahamoud’s situation.
d) Taking into consideration public safety, as well as Mr. Mahamoud’s ability to move to accommodation in a reasonable period of time, this recommendation is supported by all the parties.
e) Mr. Mahamoud has remained clinically stable on the Forensic Assessment Unit (“FAU”). While there, he has remained compliant with all his medications and has not engaged in any inappropriate behaviours.
- In response to questions from counsel for the Attorney General, Dr. Wood testified:
a) Mr. Mahamoud had been living in a group home that had a locked unit. At that time, he was wearing a tracker so that his whereabouts could be monitored, but he had removed that tracker.
b) Mr. Mahamoud has a history of absconding from his residence.
c) The treatment team will develop a reasonable plan with any proposed accommodation, to ensure that Mr. Mahamoud’s risk to public safety is taken into consideration. Various housing units have 24/7 supervised accommodation, and the treatment team will only choose appropriate accommodation, balancing Mr. Mahamoud’s needs with management of his risk to public safety.
d) The treatment team’s plan is to transfer Mr. Mahamoud from the FAU to the rehab unit, rather than discharging him immediately into the community. The team will continue to reassess Mr. Mahamoud once he is on a rehab unit, to ensure that he is not an elopement risk.
e) It is necessary to have his Disposition changed, so that the treatment team can place Mr. Mahamoud on appropriate waitlists and start their search for appropriate housing.
f) The treatment team and the behavioural therapist will continue to work with Mr. Mahamoud, to address his elopement issue, and other behavioural issues, before discharging him into the community.
g) The treatment team will continue to see Mr. Mahamoud while he is living in the community. It is appropriate to change the reporting requirements, from not less than once per month to not less than four times per month.
- In response to questions from counsel for Mr. Mahamoud, Dr. Wood testified:
a) The hospital is fully aware of Mr. Mahamoud’s past issues at his previous group homes, and they will only choose a residence that is appropriate, both for the safety of the public and for Mr. Mahamoud’s other needs.
b) The proposed change, permitting Mr. Mahamoud to live in 24/7 supervised accommodation, allows the hospital appropriate latitude to find appropriate accommodation.
c) The proposed amendment resolves the issues that the various parties had, as set out in the Hospital Report.
In response to questions from the panel, Dr. Wood testified that the recommended changes are necessary for Mr. Mahamoud’s reintegration into society and his other needs, and it also protects the safety of the public.
No other evidence was called.
Analysis and Conclusions
The Board agrees with the joint recommendation to amend Mr. Mahamoud’s current Disposition. These two amendments will allow the hospital more flexibility in placement considerations, while balancing Mr. Mahamoud’s community reintegration and the management of his risk to the public.
The Board agrees that these changes are the necessary and appropriate amendments, for the reasons set out above.
DATED this 8th day of September 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