Re Waqos Naseem, 2026 CanLII 12802

Re: Waqos Naseem

ORB File No: 8340

Hearing held on: Monday, November 24, 2025

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Ms. C. Finley

Members: Dr. Y. Alatishe Dr. L.O. Lightfoot Hon. B. Allen Mr. J. Cyr

Parties Appearing:

Accused: Waqos Naseem Counsel: Mr. J. Kopman

The person in charge of hospital: Representative: Dr. R. McMaster

Attorney General of Ontario: Counsel: Ms. V. Culp

REASONS FOR DISPOSITION

(Dated January 8, 2026)

Introduction

1. On June 26, 2023, Waqos Naseem was found not criminally responsible by reason of mental disorder on a charge of aggravated assault, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (“ORB” or “the Board”) dated November 13, 2024, detaining him at the Centre for Addiction and Mental Health (“CAMH” or “the hospital”), with discretionary privileges up to and including the ability to reside in the community in approved accommodations.

2. On November 24, 2025, the Board convened a hearing pursuant to s. 672.81(1) of the Criminal Code. The issues to be determined were whether Mr. Naseem continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that threat having regard to the criteria set out in s. 672.54 of the Criminal Code. Mr. Naseem was present and represented by his counsel, Mr. Kopman. Mr. Naseem’s mother and twin sister also were present.

3. Dr. McMaster, on behalf of the hospital, submitted that Mr. Naseem remains a significant threat to the safety of the public, and the necessary and appropriate disposition is a discharge with conditions. Ms. Culp, on behalf of the Ministry of the Attorney General, and Mr. Kopman both ultimately concurred in the hospital’s positions. Mr. Kopman specifically conceded the issue of significant threat. Thus, a joint position was put before the Board.

Findings

4. For the reasons that follow, the Board finds that Mr. Naseem continues to represent a significant threat to the safety of the public, and the necessary and appropriate disposition is a discharge with the conditions as recommended by the parties.

The Evidence

5. The evidence at the hearing consisted of the Hospital Report dated November 4, 2025 (ex. 1), and the viva voce evidence of Dr. McMaster, Mr. Naseem’s treating psychiatrist.

The Index Offence

6. The circumstances of the index offence are included in the Hospital Report. Briefly, on July 18, 2022, Mr. Naseem used a knife to stab his father in the stomach and the hand.

Background Information

7. The Hospital Report contains considerable information about Mr. Naseem’s background and psychiatric history and need not be reviewed in detail beyond the following material points. Mr. Naseem is a 39-year-old man who was born in Saudi Arabia. He came to Canada with his mother and sister when he was ten.

8. In 2009, Mr. Naseem was assessed and formally diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”). That same year, he enrolled in a program at Toronto Metropolitan University but ultimately dropped out due to his substance use. Mr. Naseem had begun consuming cannabis at the age of 13. This continued throughout his teens. In 2022, he reportedly stopped as he noticed that his cannabis use was intensifying his auditory hallucinations and paranoid delusions.

9. Mr. Naseem’s mother reported that the family noticed that Mr. Naseem was experiencing mood swings and changes to his demeanor around 2013. In the few years prior to the time of the index offence, he was exhibiting paranoia and had become withdrawn and depressed. He believed that his family members were scheming against him and causing him to have auditory hallucinations to “malign and humiliate him”. Mr. Naseem reported that at the time of the index offence, he experienced a voice that commanded him to “stand up for [himself] and stab [his] father and not to worry about the consequences”.

10. Following the index offence, Mr. Naseem was held at Maplehurst Correctional Complex until his release in April 2023. He then resided with his parents in Mississauga until his admission to CAMH pursuant to a Warrant of Committal following his NCR finding. He was discharged on November 11, 2024, to reside at Transitional Rehabilitation Housing Program 2 (TRHP 2) housing, a residence supervised by the Canadian Mental Health Association (CMHA) located near the hospital.

Course Since the Last Disposition

11. Mr. Naseem has had an excellent year. He has resided at TRHP 2 for the entire year. He has remained compliant with treatment and his mental status has remained stable. He receives regular injections of long-acting anti-psychotic medication. He also independently administers his oral medications.

12. Mr. Naseem’s insight into the benefits of treatment, including his medications, is strong. He appreciates that if he stopped taking his medication, his symptoms could return. He appreciates that should he decompensate, he would be a higher risk to the safety of others.

13. Over the course of the last year, Mr. Naseem provided urine samples on a weekly basis. All tests were negative for non-prescribed drugs and alcohol. He currently recognizes that substance use was a contributing factor to his psychosis at the time of the index offence.

14. Mr. Naseem continues to be supported by his family. He travels to his parents’ home in Mississauga every weekend. All reports are that those visits have been positive.

15. In terms of significant threat, the Hospital Report includes the following Composite Assessment of Risk and Re-Offence Scenario, at p. 23:

“In risk assessment, one of the best predictors of future violence is a patient’s history of violence. If Mr. Naseem were to reoffend, this would likely occur in the context of psychotic symptoms that would likely be exacerbated by substance use and non-compliance with medication. In the absence of external monitoring, Mr. Naseem would likely disengage from psychiatric care and services, use substances, and become non-compliant with his prescribed psychotropic medication. This would increase his risk of relapse into a psychotic episode and likely lead to a mental state similar to that present at the time of the index offence.”

16. Stress is a risk factor for Mr. Naseem. Historically, Mr. Naseem relied on substances in order to cope with stress. He has shown limited appreciation of coping skills discussed in rehabilitative programming and with the treatment team.

17. Dr. McMaster testified before the Board. He stressed that Mr. Naseem has had an excellent year. Mr. Naseem successfully completed a training program at George Brown Culinary School and acquired employment.

18. Mr. Naseem recently has been accepted to TRHP 1 housing, a residence where he would have less on-site supervision and more independence. Each resident has their own apartment and is responsible for their own meals. Mr. Naseem’s transition to this new residence is expected within the next couple of weeks.

19. Dr. McMaster testified that Mr. Naseem’s major risk factor is his major mental illness. He has a history of violence towards his family in the context of psychosis. Should Mr. Naseem experience stressors, engage in substance use, or become noncompliant with medication, he would decompensate and would be at risk of experiencing a relapse which could lead to a mental state similar to the one at the time of his index offence. Until such time as he develops coping skills, he remains a significant threat to the safety of the public.

20. Mr. Nasem has family in Pakistan who he would like to be able to visit. His treatment team has recommended that Mr. Naseem be able to travel to Pakistan for up to four weeks with support and supervision. Given that he is currently on a long-acting injectable medication, the treatment team has more confidence that Mr. Naseem will remain stable during his trip. Dr. McMaster indicated that there would need to be both an Approved Person and an approved itinerary.

21. Dr. McMaster testified that Mr. Naseem has a good working relationship with the treatment team. The doctor believes that, should Mr. Naseem experience a decompensation in his mental state, he will work with the team and come to the hospital upon request. In the alternative, the Mental Health Act can be utilized.

22. Dr. McMaster also indicated that Mr. Naseem has worked well with the treatment team with respect to his housing. He will likely continue to exercise good judgement in this regard. As a result, the hospital does not require the ability to approve his accommodations in the community.

23. All parties maintained the joint submission.

Analysis and Conclusion

24. The Board has carefully considered the Hospital Report and the evidence of Dr. McMaster and finds that Mr. Naseem remains a significant threat to the safety of the public. The threshold of significant risk to the safety of the public is a significant one. The risk must not be speculative. It must be significant both as to the nature of criminal offending and the likelihood of occurrence. It must be more likely than not that, if the person is discharged, they will engage in criminal offending that is serious.

25. The Board notes the issue of significant threat to the safety of the public was conceded by the parties. Despite this, the Board makes its own finding based on the expert evidence of Dr. McMaster, as supplemented by the Hospital Report. Mr. Naseem’s risk flows from his diagnosis of schizophrenia. When experiencing stress, using substances, or failing to follow treatment, Mr. Naseem develops psychotic symptoms in the form of paranoia and auditory hallucinations. Historically, that has led to Mr. Naseem becoming violent, towards his family members in particular. As such, he remains a significant threat to the safety of the public.

26. Mr. Naseem was discharged to supportive housing near the hospital a year ago. He is expected to transition to a less supportive environment within the next few weeks. As he gains increasing independence, he inevitably will experience stress. The Board accepts Dr. McMaster’s opinion that Mr. Naseem will continue accept the support and supervision of the treatment team. Should he become non-compliant with treatment or return to substance use, the team will closely monitor his mental status. The Board further accepts that, should Mr. Naseem require an assessment of his mental status and possible readmission to hospital, he will cooperate with the team’s request to attend hospital. If that proves not to be the case, the treatment team can utilize the provisions of the Mental Health Act.

27. Accordingly, the Board finds that the necessary and appropriate disposition that is the least restrictive and least onerous is a discharge with conditions. Included in his disposition will be a condition allowing for travel to Pakistan for a period up to four weeks, in the company of an Approved Person and with an approved itinerary.

DATED this 8th day of January, 2026, at the City of Toronto, in the Toronto Region.

Ms. C. Finley

Alternate Chairperson

Office of the Registrar

Ontario Review Board