Re Adb Al Rahman Eltohami, 2026 CanLII 12772

Re: Adb Al Rahman Eltohami

ORB File No: 8280

Hearing held on: Tuesday, December 2, 2025

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Section 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: Adb Al Rahman Eltohami Counsel: Mr. J. Berman

The person in charge of hospital: Representative: Ms. T. Newman

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

REASONS FOR DISPOSITION

(Dated January 2, 2026)

Introduction

1On January 5, 2023, Adb Al Rahman Eltohami was found not criminally responsible on account of mental disorder (“NCR”) on charges of sexual assault (x3), contrary to the Criminal Code of Canada (the “Criminal Code). Mr. Eltohami is currently subject to a disposition of the Ontario Review Board (the “Board”) dated November 29, 2024, discharging him with conditions.

2On December 2, 2025, a panel of the Board convened to review Mr. Eltohami’s disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Eltohami was present for his hearing and was represented by counsel throughout the proceedings. Mr. Eltohami’s father was also present for his hearing.

3The issues to be determined are whether Mr. Eltohami continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition having regard to the criteria set out s. 672.54 of the Criminal Code.

4At the commencement of the hearing, the representative for the hospital submitted that Mr. Eltohami no longer represents a significant threat to the safety of the public and must be discharged absolutely. Counsel for the Attorney General and counsel for Mr. Eltohami agreed with the hospital submission. All parties maintained their respective positions in closing submissions.

5For the reasons set out below, the Board finds Mr. Eltohami no longer represents a significant threat to the safety of the public and must be discharged absolutely.

Index Offences

6On November 10, 2020, the OPP received reports of a man walking into live lanes of traffic on Victoria Street in downtown Alliston, Ontario, claiming to be King Edward. When officers arrived, they found Mr. Eltohami standing on the roof of a parked car, wearing pants but no shirt or shoes, with his underwear around his neck. Further investigation revealed that he had assaulted three women before the police arrived. One woman reported that he grabbed her breasts, another said he “humped” her while she was holding her son, and the third woman said he leapt onto her back and held her in a bear hug. Mr. Eltohami identified himself to the police as King Edward and refused to get off the vehicle, causing extensive damage by jumping up and down on the car roof. The officers eventually gained control of him and removed him from the roof. Mr. Eltohami was apprehended under the Mental Health Act and taken to a local hospital for psychiatric assessment.

7The Hospital Report outlines Mr. Eltohami’s history and background and need not be repeated in detail. In brief, Mr. Eltohami is 24 years old. He was born in Egypt and was raised by his biological parents. Mr. Eltohami has two younger siblings. He moved to Canada with his family in 2014 and holds permanent resident status. He resides with his family, in the family home, along with his brother.

8He completed high school in 2020. Mr. Eltohami attended university in 2020, but due to symptoms of his mental illness and having stopped his antipsychotic medication, he did not complete his studies. Mr. Eltohami has no substance use history. Prior to the index offences, he had no criminal record.

9While in high school, he began working part-time at his family's restaurant. In 2020, he took a part-time job at Walmart but left after two months due to headaches, coinciding with the start of his university studies.

10Mr. Eltohami first contact with psychiatric services was in May 2020. Thereafter, he had several admissions to hospital often characterized by intrusive thoughts, auditory and command hallucinations, difficulty distinguishing reality and noncompliant with antipsychotic medication due to concerns around sedation.

11In 2021, Mr. Eltohami was connected to an assertive community treatment (“ACT”). He complied with his medication but experienced residual symptoms and participated in various therapies, including PTSD treatment. Despite showing improvement during his hospital stays, he was voluntarily re-admitted multiple times for anxiety, physical symptoms related to past traumas, low energy, headaches, and seeing shadows. His auditory hallucinations were managed with Invega Sustenna, but he had poor compliance with his medication.

12Mr. Eltohami is diagnosed as suffering with Schizophrenia. Mr. Eltohami has been found not capable of making decisions about his medical treatment. He is capable of managing his finances independently. His substitute decision maker is his father.

Evidence and Analysis

13The main issue for the Board to determine is whether the evidence established that Mr. Eltohami no longer represents a significant threat to the safety of the public.

14The relevant legal principles to be applied to the evidence with respect to the issue of significant threat are summarized in the decision of the Ontario Court of Appeal in Marmolejo (Re), 2021 ONCA 130 at paragraphs 34 to 37:

…the role of the Board is first to determine whether an NCR accused represents a significant threat to public safety. If the answer to that question is "no" or uncertain then the NCR accused must be discharged absolutely: Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, [1999] S.C.J. No 31, at pp. 659-61, 669 S.C.R. If the NCR accused does present a significant threat, the Board must either conditionally discharge or detain the individual: Winko, pp. 662, 669 S.C.R.

It is important to bear in mind that the Board's responsibility to grant an absolute discharge is non-discretionary in the event that it harbours any doubt about whether the NCR accused represents a significant threat: Carrick (Re), [2018] O.J. No. 4878, 2018 ONCA 752, at para. 16. As the majority of the Supreme Court emphasized in Winko, at pp. 652-53 S.C.R.: "Once an NCR accused is no longer a significant threat to public safety, the criminal justice system has no further application."

Individuals with mental disorders are not inherently dangerous: Winko, at p. 653 S.C.R. There is no presumption of dangerousness and no burden on the NCR accused to prove a lack of dangerousness: Winko, at pp. 660-61, 662 S.C.R. Rather, the legal and evidentiary burden of establishing significant threat rests on the Board or the court: Winko, at p. 663 S.C.R.

The threshold for significant risk is "onerous": Carrick (Re) (2015), 128 O.R. (3d) 209, [2015] O.J. No. 6524, 2015 ONCA 866, at para. 17. A significant threat to the safety of the public means a foreseeable and substantial risk of physical or psychological harm to members of the public: R. v. Ferguson, [2010] O.J. No. 5138, 2010 ONCA 810, at para. 8. The conduct must be of a serious criminal nature: Ferguson, at para. 8. A very small risk of grave harm will not suffice, nor will a high risk of trivial harm: Ferguson, at para. 8. The threat must be more than speculative in nature; it must be supported by evidence: Winko, at p. 665 S.C.R.; Pellett (Re) (2017), 139 O.R. (3d) 651, [2017] O.J. No. 5025, 2017 ONCA 753, at para. 21.

15Mr. Eltohami continues to reside with his parents in Barrie. Throughout the year in review, Mr. Eltohami has been supported by Waypoint’s Forensic Mobile Treatment Support Team (“FMTST”) and Dr. Ismail. Mr. Eltohami is also supported in the community by an Assertive Community Treatment Team (“ACT”) and Dr. Stokl. Notably, Dr. Stokl’s involvement with Mr. Eltohami predates his involvement with the Board and Mr. Eltohami has a confirmed relationship with him. He meets with Dr. Stokl every four to six weeks and Dr. Stokl remains his prescribing physician. More recently, when Mr. Eltohami experienced breakthrough symptoms in January 2025, Dr. Stokl adjusted his medication and since that time Mr. Eltohami’s mental state has been stable. He demonstrates no psychotic symptoms and a clear thought process. On October 6, 2025, Dr. Stokl authored a letter indicating, “Mr. Eltohami has no suicidality, no substance use disorder and no auditory hallucinations and has maintained his stability for over six months”. Dr. Stokl also noted that Mr. Eltohami is prescribed as needed medication for agitation, but this is rarely used.

16At the Pre-Board Conference the treatment team noted that Mr. Eltohami has good insight and judgment. He can now identify early warning signs and changes in his mental state and has indicated that he would reach out promptly to Dr. Stokl should it be needed. Mr. Eltohami further reports that he has been happy with the services that he currently receives and has no intention of disengaging from the ACT team. Mr. Eltohami expressed an awareness of early warning symptoms such as insomnia, seeing shadows and auditory hallucinations. Furthermore, he has good family support who are aware of his mental health issues and have supported him throughout his tenure with the Board. Mr. Eltohami has also been employed full time and is enrolled in a political science degree course at Lakehead University. When not studying, Mr. Eltohami is in involved in several positive activities including playing chess at a local chess club.

17The clinical and composite risk assessment for Mr. Eltohami completed by Dr. Ismail on November 8, 2025, states that, “Mr. Eltohami has strong insight into both his mental disorder and the factors that could increase his risk of relapse. He recognizes the value of his medication, and the role of community and family supports in sustaining his progress. There is no evidence of denial or minimization or resistance to insight-oriented interventions, and his insight is considered good and stable. Furthermore, Mr. Eltohami’s schizophrenia has remained well controlled under his current medication regimen of Cariprazine, Sertraline, and adjunctive low dose Quetiapine and Lorazepam. His thought process is clear, and his overall presentation reflects stability and remission. His mood is stable and appropriate, and he has shown no signs of volatility, impulsivity, or behavioural dysregulation. He has structure in his life around his studies and community activities. Mr. Eltohami’s engagement with treatment has been exemplary. He has done everything the treatment team has asked of him.” Moreover, Dr. Ismail testified that Mr. Eltohami is likely capable with regard to his medication and that the designation of incapable has not yet been revisited.

18The Board accepts the evidence that overall, Mr. Eltohami’s presentation demonstrates sustained remission of psychotic symptoms, strong insight into his illness and risk factors, an absence of violent ideation or instability, and consistent adherence to treatment and supervision. Furthermore, Mr. Eltohami has many protective factors. His days are structured, he has a stable living environment, strong family support, no prior criminal record or substance use, and he is connected with a physician with whom he has had an established relationship since August 2021.

19As the courts have observed in several cases, the threshold for significant threat is onerous. Upon a consideration of the evidence and submissions of counsel, the Board finds that the evidentiary burden to establish that Mr. Eltohami is a significant threat to the safety of the public has not been met. For these reasons, Mr. Eltohami is entitled to be absolutely discharged. The Board wishes him well in the future.