Re Haroon Baha, 2026 CanLII 12770

Re: Haroon Baha

ORB File No: 7905

Hearing Held On: Wednesday, December 3, 2025

Place of Hearing: Waypoint Centre for Mental Health

Pursuant To: Section 672.48(1) and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. J. Mills

Members: Dr. P. L. Darby

Dr. G. Kerry

Ms. A. La Viola

Ms. D. Smith

Parties Appearing:

Accused: Haroon Baha

Counsel: Mr. J. Kopman

Person in charge of Hospital: Representative: Ms. T. Newman

Attorney-General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated February 12, 2026)

OVERVIEW

1. Haroon Baha was found unfit to stand trial on account of mental disorder on June 18, 2021, on one charge of sexual assault and two charges of assault, contrary to the Criminal Code. Mr. Baha is currently subject to a disposition of the Ontario Review Board (“the Board”) dated December 30, 2024, detaining him at the Waypoint Centre for Mental Health Care – High Secure Provincial Forensic Programs Division (“Waypoint” or “the Hospital”), Penetanguishene, Ontario. The terms of his detention order include the ability to reside in the community in 24 hour supervised accommodation.

ISSUES

2. On December 3, 2025, the Board convened at Waypoint for a hearing pursuant to s. 672.81(1) of the Criminal Code to review the disposition. The Board was asked to determine whether Mr. Baha remained unfit to stand trial pursuant to s. 672.48(1) of the Criminal Code at the time of the hearing, and if so, to determine the appropriate disposition in the circumstances, ensuring the least onerous and least restrictive outcome, consistent with public safety, according to the factors set out in s. 672.54 of the Criminal Code.

3. At the outset of the hearing, Counsel for Mr. Baha advised that Mr. Baha would not be attending the hearing because he was not feeling well. Counsel had obtained instructions to proceed with the hearing, and he had received consent from Mr. Baha’s sister (substitute decision maker). The Board issued an order pursuant to s. 672.5(10)(a) of the Criminal Code, excusing him from attending the hearing.

4. The parties were canvassed as to their initial positions on the issues before the Board, and all parties submitted that in their respective views, Mr. Baha remains unfit to stand trial and the necessary and appropriate disposition is a continuation of the current detention order, with the same conditions and privileges. At the conclusion of the hearing, all parties maintained their initial positions, and a joint submission was put forward for the Board’s consideration.

FINDINGS

5. The Board found Mr. Baha continues to be unfit to stand trial and is likely permanently unfit. He suffers from a major mental illness, intellectual disability, and traumatic brain injury. His symptoms include persistent auditory and visual hallucinations, delusional beliefs, and very limited insight into his mental illness or its consequences. For these reasons, the Board further found that Mr. Baha represents a significant threat to the safety of the public and a detention order remains the necessary and appropriate disposition.

BACKGROUND

6. The Hospital Report dated November 18, 2025, was entered as an exhibit at the hearing. The following background information, including the allegations of the events surrounding the charges, has been taken from the Hospital Report, summarized here as follows.

7. At the relevant time, Mr. Baha was residing at Christian Homes, a group home in Vaughan, Ontario. On February 20, 2019, Mr. Baha struck a female staff member causing scratches and cuts to her face. On March 28, 2021, this same staff member was supervising the administration of Mr. Baha’s evening medications. He batted the medication away and knocked her to the ground. He pulled down her pants and, before climbing on top of her, he repeatedly grabbed her crotch. Another staff member came to her assistance and tried to speak with Mr. Baha to calm him down. He pulled her to the ground. The second staff member observed that her colleague was having difficulty breathing, her eyes had rolled back and she had stopped struggling. The second staff member pulled the fire alarm, which caused Mr. Baha to stop the attack.

8. Mr. Baha is 42 years old, born in Afghanistan, immigrating to Canada with his family at the age of 14. When Mr. Baha was two years of age, he suffered a brain injury after falling two stories from a roof. As a result, he began suffering tonic-clonic seizures. Around the age of 13, Mr. Baha’s mental health began deteriorating, and he developed visual hallucinations, and behavioural problems. After arriving in Canada, Mr. Baha’s mental status continued to deteriorate, and he was admitted to Vanier Hospital in Quebec City for about seven months. The family later moved to Toronto where they continue to reside.

9. Mr. Baha’s highest level of education would be the equivalent of grades 5 or 6. He has no employment history. His relationship history indicates that he was married, but his wife left unexpectedly after a brief 22 days. Mr. Baha continues to believe that he has a son from the marriage. There is no documented history of drug or alcohol use.

10. A check of the Canadian Police Information Centre database showed that Mr. Baha has no criminal record. Two charges of assault in 2015 were withdrawn. The charges as outlined above remain before the court.

11. Mr. Baja has a long standing history of psychiatric hospitalizations dating back to 2003, often involving significant behavioural challenges that required seclusions or restraints. In 2011, a psychological assessment confirmed that he was developmentally disabled.

12. His family could no longer assist with his care needs, and he was admitted to Ontario Shores on December 5, 2016, remaining there for approximately 18 months before his discharge to the Christian Horizons group home. While residing there, Mr. Baha had many hospital admissions due to increased aggression and hypersexual behaviour. Several elopements also occurred during this time.

13. Following the alleged offences, Mr. Baja was found unfit to stand trial and admitted to Waypoint in April 2021. He was subsequently transferred to the Awenda Program within the high security forensic programs.

14. Mr. Baha’s current psychiatric diagnoses are Schizophrenia, Intellectual Disability (Mild) and Traumatic Brain Injury. He has been found incapable of making decisions about his medical treatment, and incapable of managing his finances. His sister is the substitute decision maker. He receives financial assistance from the Ontario Disability Support Program.

EVIDENCE AT THE HEARING

15. Mr. Baha’s current course in hospital is detailed in the Hospital Report. Dr. P. Ismail confirmed that he had reviewed the Hospital Report, and he agreed with its contents. He advised that he had last assessed Mr. Baha’s fitness to stand trial on the morning of the hearing, concluding that Mr. Baha continues to remain unfit to stand trial. It was his opinion that Mr. Baha is permanently unfit. With respect to a previously anticipated neurology consultation (intended to assist in identifying additional supportive tools), Dr. Ismail confirmed that Mr. Baha remains on the wait list.

16. The risk assessment in the Hospital Report formed the basis for the conclusion that Mr. Baha remains a significant threat to the safety of the public, and Dr. Ismail agreed with the clinical team’s assessment that Mr. Baha requires continued placement at Waypoint.

17. Mr. Baha continues to experience psychotic symptoms, including ongoing delusions and auditory hallucinations, and is frequently observed responding to unseen stimuli. He noted that Mr. Baha has significant cognitive deficits arising from a combination of intellectual disability and traumatic brain injury. He further described persistent difficulties with distress tolerance and emotional regulation, which have resulted in frequent behavioural incidents on the unit. Dr. Ismail also identified dysphagia (difficulty swallowing) as an ongoing issue that Mr. Baha experiences, leading to dietary restrictions and resulting in conflict with staff. Additionally, when Mr. Baha’s needs are not met immediately, he may become angry and strike out at staff.

18. Dr. Ismail described Mr. Baha’s placement in the Awenda program, which is designed for individuals with mental illness, in combination with cognitive or developmental disabilities.

19. Mr. Baha has greater freedom in this environment than he would in a less secure facility. Specifically, over the past year, Mr. Baha has been permitted to walk on the grounds on three occasions and has accessed the central recreation area, including swimming. Despite some incidents involving aggression towards staff, Dr. Ismail explained that Mr. Baha would likely experience more restrictions, increased difficulty with medication compliance, and a higher risk of seclusion were he to be placed in a less secure hospital setting.

20. With respect to community placement, Dr. Ismail testified that efforts to secure community housing have been limited by several factors. These include Mr. Baha’s traumatic brain injury, which excludes him from many group homes, as well as his need for wheelchair accessibility. He confirmed that the social worker continues to maintain contact with Developmental Services Ontario, but that there have been no updates regarding suitable placement options.

21. After further inquiries, Dr. Ismail addressed the issue of Passport funding, noting that while it is generally used for recreational purposes, Mr. Baha would require a significant level of resources to access the community. He confirmed that Passport funding cannot be used for medical costs, including private neurological assessments.

22. Regarding the neurology consultation, Dr. Ismail explained that although the treatment team questioned the benefit of such an assessment given Mr. Baha’s established diagnoses, the consultation was pursued due to concerns about progressive dysphagia. As Mr. Baha’s dysphagia subsequently improved, the urgency of the referral was reduced.

23. Finally, Dr. Ismail addressed medication increases, stating that the decision was associated with improved affect and presentation without adverse side effects. While he acknowledged that higher medication doses can sometimes result in increased isolation and reduced engagement, he stated that no such effects had been observed in Mr. Baha’s case. The dosage increase was implemented with family consent following reports of increased auditory hallucinations.

ANALYSIS AND CONCLUSION

(a) Fitness to Stand Trial

24. The Board’s obligation under s. 672.48(1) of the Criminal Code is to determine whether the accused is fit to stand trial as of the day of the hearing, as defined under s. 2 of the Criminal Code. After a thorough review of the evidence presented at the hearing by Dr. Ismail, and the information contained in the Hospital Report, the Board has determined that Mr. Baha does not meet the legal criteria for fitness to stand trial.

25. In reaching its conclusion, the Board applied the legal test for fitness to stand trial as clarified by the Supreme Court of Canada in R. v. Bharwani, 2025 SCC 26. The inquiry is whether Mr. Baha presently possesses a basic, reality‑based ability to understand the nature and object of the proceedings, to understand the possible consequences of the proceedings, and to communicate with counsel in a manner that permits instructing counsel and participating meaningfully in his defence.

26. The evidence showed that Mr. Baha was unable to answer any of the questions posed during the fitness test. With respect to the specific statutory criteria, the Board found that Mr. Baha demonstrated a profound lack of understanding, and he was unable to engage in the assessment. It appears that is so, even though he receives ongoing structured support. Mr. Baha does not possess a basic, reality‑based understanding of the nature and object of the proceedings. He lacks appreciation of the purpose of the court process, and he has no comprehension of the criminal charges he faces.

27. Mr. Baha does not understand the possible consequences of the proceedings in any meaningful way. He was unable to answer any of the questions, which shows that he is unable to communicate in a manner that would permit meaningful participation in his defence. On that basis, the Board determined that Mr. Baha is not fit to stand trial at this time.

(b) Necessary and Appropriate

28. The Board must next determine the disposition that is necessary and appropriate in the circumstances. The disposition must embrace the principle of ‘least onerous and least restrictive’ with due consideration given to Mr. Baha’s liberty interests, which must also be consistently balanced with concerns about public safety (the paramount concern), his mental condition, and his reintegration into society, and his other needs, as required by s. 672.54 of the Criminal Code.

29. Mr. Baha presents a significant and ongoing risk to public safety. He suffers from a chronic psychotic illness, which is further complicated by intellectual disability, and a traumatic brain injury. His symptoms include persistent auditory and visual hallucinations, delusional beliefs, and very limited insight into his mental illness or its consequences.

30. These symptoms result in major impairments in judgement, emotional dysregulation, and problems with behavioural control. Mr. Baha has very little ability to understand how his symptoms escalate his level or risk to himself and others. His mental state is highly unstable and can change rapidly. During periods of agitation, he may yell, speak incoherently, engage in head banging, and have difficulty interacting with others. Evidence of cognitive slowing further limits his ability to understand redirection or comply with limits, increasing the risk of sudden behavioural escalation.

31. Mr. Baha requires assistance with basic daily living and functional needs, such as personal hygiene, eating, and general care. Any progress Mr. Baha makes depends entirely on being in a highly structured, secure, and supportive environment. He requires long term placement in a setting that can provide integrated psychiatric care, behavioural support, and continuous supervision. This level of care is necessary to maintain his stability and to ensure the safety of both Mr. Baha and the public. On that basis, the Board has determined that Mr. Baha requires a detention order to manage his level of risk at this time.

DATED this 12th day of February 2026, at the City of Toronto, in the Toronto Region.

Ms. A. La Viola

Legal Member

__________________

Office of the Registrar

Ontario Review Board