Re: Omar Aimaque
ORB File No: 8869
Hearing held on: Monday, January 12, 2026
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. R. Sheppard Dr. L. Lightfoot Ms. C. Murray Ms. R. Chopra
Parties Appearing:
Accused: Omar Aimaque (Via Zoom) Counsel: Ms. Jocelyne Boissonneault
The person in charge of hospital: Representative: Dr. K. DeFreitas
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated February 20, 2026)
Introduction
On September 23, 2025, Omar Aimaque was found not criminally responsible (“NCR”) on account of mental disorder on charges of mischief under $5000, criminal harassment, and break enter with intent, all contrary to the Criminal Code of Canada (Criminal Code”). That finding was based on a psychiatric assessment of criminal responsibility report of Dr. Karen DeFreitas dated June 9, 2025.
The Court did not make a Disposition and ordered, pursuant to s. 672.47(1) of the Criminal Code, that Mr. Aimaque be detained at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or “the hospital”) pending a Disposition of the Ontario Review Board (the “Board”).
On January 12, 2026, the Board convened a hearing at Ontario Shores to make an initial Disposition.
Mr. Aimaque was present at the hearing via Zoom technology and was represented by counsel, Ms. Boissonneault, who appeared in person.
The Hospital Report dated January 7, 2026 (the "Hospital Report"), was entered as Exhibit 1.
The issue at this hearing is whether Omar Aimaque is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the expert evidence and opinions before it, the Board concluded that Omar Aimaque represents a significant threat to the safety of the public. The Board further concluded that his risk can be properly managed with a Detention Order at Ontario Shores on the terms and conditions set out in our formal Disposition. The Board concluded that this is the necessary and appropriate Disposition in the circumstances.
Current Psychiatric Diagnoses
- Schizophrenia
Polysubstance Use Disorder (Cannabis and Methamphetamine)
Position of the Parties
At the commencement of the hearing, the parties were asked for their initial positions. As a representative of the hospital, Dr. DeFreitas submitted that Mr. Aimaque represents a significant threat to the safety of the public and recommended detention within the Secure Forensic Program at Ontario Shores with terms as set out on page 27 of the Hospital Report with the outer edge of privileges to include passes for up to 12 hours to enter the community within a 150 kilometer radius of Ontario Shores, accompanied by staff or person approved by the person in charge.
Counsel for the Attorney General, Ms. MacDonald, adopted the hospital’s position. Additionally, Ms. MacDonald recommended no contact, direct or indirect, with four victims of the index offence, R.B., K.A., H.M., and C.M. (full names redacted in these Reasons), and an order for non-attendance within 300 metres of 704-18 Steeles Ave, Markham.
Counsel for the accused, Ms. Boissonneault, stated that Mr. Aimaque does not believe that he is a significant threat to the safety of the public and accordingly should be Absolutely Discharged. However, if the Board finds that he is a significant threat to the safety of the public then he would like indirectly supervised hospital and grounds privileges; and indirectly supervised community privileges for up to 12 hours within 150 kilometres of Ontario Shores (which would permit him to visit his parents); and living in the community in accommodations approved by the person in charge of the hospital.
Index Offence
- The Hospital Report provides a detailed review of the index offences, which is summarized herein as follows:
The victim, K.A., provided a statement that Mr. Aimaque attended her workplace attempting to speak to her for the year prior to the index offences. Mr. Aimaque has followed K.A. home and left items at her door. On March 4, 2024, Mr. Aimaque entered a condominium building in Markham and found his way to the apartment where the victim, K.A., was living. Mr. Aimaque used a hatchet to attempt to gain entry to K.A.’s apartment. He caused significant damage, creating a hole in the door. He stuck his arm through the hole and attempted to unlock the door while threatening physical harm to the three victims.
Background Information
The Hospital Report contains extensive background information, which need not be repeated here in detail. In brief, Mr. Aimaque is a 34-year-old single man of no fixed address. He was born in India and immigrated to Canada at age four with his family.
Mr. Aimaque is supported by the Ontario Disability Support Program (“ODSP”).
Mr. Aimaque graduated from grade 12. He enrolled in finance and chemistry at Seneca College. He has had multiple jobs throughout his life including construction and working as a security guard.
Mr. Aimaque self reported suffering from Attention Deficit Hyperactivity Disorder (“ADHD”). By way of a letter addressed to the courts, his family reports that he was diagnosed with Schizophrenia in 2013 when he began to show symptoms of paranoia and social withdrawal. They indicated that he had been in and out of hospital “countless times” since then, usually as a result of violent or bizarre behaviour.
Mr. Aimaque had multiple psychiatric admissions commencing in June 2013 when he was admitted to Mackenzie Hospital, diagnosed with schizophreniform disorder and prescribed antipsychotic medications. He was non-compliant with this medication.
Mr. Aimaque was again admitted on November 6, 2014, until November 11, 2014. He was brought to hospital by his older brother after having been placed on a Mental Health Act (“MHA”) Form 1 by his family doctor after a few months of psychiatric decompensation. He kicked his mother the day prior to the admission. He was prescribed anti-psychotic medication. He was discharged back to his parents’ home.
Mr. Aimaque was readmitted to Etobicoke General Hospital on November 20, 2014, after his family called 911, indicating that he had been violent at home. His discharge diagnosis was “history of drug-induced psychosis”.
Mr. Aimaque was readmitted to Etobicoke General Hospital on August 4, 2015, until August 7, 2015, after being brought to hospital by police pursuant to the MHA due to violent behaviour, including threats to kill his brother. It was noted on this admission that he had recently been discharged from Humber River Hospital where he had been admitted for two weeks. His discharge diagnosis was substance-induced psychotic disorder.
Mr. Aimaque was readmitted to Etobicoke General Hospital from July 13, 2016, to July 20, 2016, brought in by police, after violently attacking his father. He had been non-compliant with medications and consuming cannabis and magic mushrooms.
On October 20, 2016, Mr. Aimaque was discharged from Humber River Hospital when psychiatrically decompensated, became aggressive, withdrawn, and his family felt unsafe around him. He was diagnosed with decompensated schizophrenia secondary to stopping medications along with comorbid cannabis abuse.
In March 2018, Mr. Aimaque was admitted to Etobicoke General Hospital on a Form 1 MHA, brought in by police. It was noted that he had a history of non-compliance with treatment recommendations upon discharge and he did not believe that he needed to take psychotropic medications.
Mr. Aimaque was admitted to Humber River Hospital from October 3, 2018, to November 13, 2018, on a Form 1. He had attempted to choke his brother. He was discharged home with a diagnosis of schizophrenia and cannabis abuse in remission.
On April 2, 2019, Mr. Aimaque was brought into hospital on a Form 1 and found incapable to make treatment decisions (which was upheld by the Consent and Capacity Board, “CCB”). He was discharged a month later on a Community Treatment Order (“CTO”).
Mr. Aimaque was admitted to a hospital in British Columbia in 2020 after reportedly using methamphetamine and psychedelic mushrooms.
Mr. Aimaque was again discharged on a CTO after an admission in March 2021.
In June 2022, Mr. Aimaque became physically aggressive with his brother and was admitted to Cortellucci Vaughan Hospital for nine days. He refused all antipsychotic medication stating that Invega caused erectile dysfunction, and Abilify had caused blurred vision.
From June 16 to June 24, 2022, Mr. Aimaque was again admitted to the Humber River Hospital on a Form 2 MHA due to psychiatric deterioration. He had stopped his Invega Sustenna after his CTO expired in August 2021. He was discharged when he no longer met criteria for involuntary admission under the MHA. He was given a final diagnosis of cannabis use disorder, cannabis induced psychosis, and “rule out schizophrenia”. He was discharged to a shelter.
Mr. Aimaque had six further psychiatric admissions to hospital in 2022, all under similar circumstances. In August 2022 he was brought into the emergency department by police after having been found with a manifesto that talked about him wanting to “kill everyone”. He was deemed incapable of consenting to treatment and placed on a MHA Form 3. He appealed his finding of treatment incapacity to the CCB and prevailed. He was discharged when his Form 3 expired but ended up back in hospital shortly thereafter three more times in 2022. In December 2022, police brought Mr. Aimaque to North York General Hospital when they had been called about “a suspicious person [presumably Mr. Aimaque] threatening to stab people with dirty needles”. He was again found incapable of making treatment decisions, appealed to the CCB, and lost. Treatment with Invega Sustenna was started, he was placed on a CTO, and discharged home to his parents.
On May 31, 2023, Mr. Aimaque was aggressive with his parents when attempting to get into their house, intoxicated*. Police took him to Cortellucci Vaughan Hospital. His parents reported he had been using crystal methamphetamine. He was on a CTO and his last injection of Invega Sustenna had been in May 2023. He was released to police custody. It was reported that he had gotten into a fight on a bus and assaulted the driver and passenger a day prior.
Mr. Aimaque was admitted to Humber River Hospital on a Form 2 from November 2, 2023, to November 13, 2023. It was noted that Mr. Aimaque had been incarcerated for the previous several months on multiple charges including assault, robbery, theft, utter death threats, and assault causing bodily harm. He had been released from the Detention Centre on probation on October 30 on conditions to obtain a mental health assessment and adhere to treatment. His family reported that immediately after he was released, Mr. Aimaque began using crystal methamphetamine and crack cocaine, which resulted in psychiatric decompensation.
Mr. Aimaque has an extensive history of substance use, resulting in most of the above-described psychiatric decompensations leading to hospitalization. He has used cannabis since at least grade ten. He has also used crystal methamphetamine since approximately 2017.
Mr. Aimaque’s legal history includes: In approximately 2017, Mr. Aimaque became aggressive with his brother. He used a hammer to smash the television, mirrors, and other items in the home. His father attempted to restrain him. Police were called, he was arrested and later released on a probation order. In 2021, while homeless, Mr. Aimaque was charged relating to a fight on a bus. He had a further fight at a Toronto Transit Commission station. His charges relating to this incident were later dropped. With respect to the index offences, Mr. Aimaque was also charged and found with other offences including weapons dangerous, which were withdrawn.
Mr. Aimaque was admitted to the Forensic Assessment Unit (FAU) at Ontario Shores on September 29, 2025, pursuant to a Warrant of Committal. He was moved to the Psychiatric Intensive Care Unit (PICU) on October 16, 2025. He has displayed verbal outbursts throughout his time in hospital. On November 14, 2025, he threw a cup of fluids at the nursing station. On November 19, 2025, Mr. Aimaque “lunged” at security with raised fists. On November 20, 2025, when staff attempted to debrief Mr. Aimaque regarding events of the prior day, he was verbally insulting resulting in his seclusion. On December 27, 2025, Mr. Aimaque kicked a co-peer in the back unprovoked.
Mr. Aimaque has been frequently irritable and agitated during his admission. His thought process has been at time disorganized, with flight of ideas and loosening of associations. At other times, he has presented as more organized and coherent. Staff have frequently observed Mr. Aimaque hysterically laughing and talking to himself.
Oral Evidence At the Hearing
Dr. Karen DeFreitas, Mr. Aimaque’s most responsible psychiatrist and author of the Hospital Report, gave viva voce evidence at the hearing as follows:
On January 8, 2026, Mr. Aimaque was secluded overnight for shoving another patient and spitting at him. Mr. Aimaque took no responsibility for his actions and said the co-patient “was pissing me off using the phone.”
In December 2025, Mr. Aimaque was also physically aggressive when he kicked a co-patient.
Mr. Aimaque was found incapable of making psychiatric treatment decisions on January 8, 2026. Mr. Aimaque is appealing the finding to the Consent and Capacity Board. The hearing date has not yet been scheduled.
Mr. Aimaque poses a significant threat to the safety of the public. He has a prolonged history of aggression, including towards his family. He has had an altercation with his father while holding a knife, kicked his mother, and engaged in an unprovoked assault of a stranger on a bus.
Mr. Aimaque refused treatment with antipsychotic medications when he came to the hospital in April 2025. He had last received medications in February 2025. He was marginally capable of making treatment decisions at the time. At that time, throughout the two month admission at Ontario Shores his mental state was stable. Dr. DeFreitas reclassified his diagnosis to substance induced psychosis. When Mr. Aimaque returned to Ontario Shores in September 2025, there was no evidence of psychosis. However, his mental state gradually decompensated to the point that he is now in the psychiatric intensive care unit (“PICU”). Mr. Aimaque’s diagnosis is now reclassified as schizophrenia because there hasn’t been a substance use component. Mr. Aimaque is now actively psychotic. His main risk factor is his schizophrenia.
Dr. DeFreitas testified that the treatment team has not been able to move Mr. Aimaque out of PICU because of his ongoing risk of violence. There is little chance that he will be able to transfer to a general unit in the coming year. PICU is within a secure unit of the hospital and consists of five rooms each of which can be locked to provide seclusion. Therefore, he is residing in a secure locked unit within a locked unit. Mr. Aimaque is likely to be residing in PICU until he receives treatment with antipsychotic medications.
Dr. DeFreitas expects that Mr. Aimaque’s condition will improve reasonably quickly once he receives treatment. However, given that Mr. Aimaque has now been untreated for several months, it is difficult to estimate how long he will take to return to his baseline mental state once treated. Mr. Aimaque will also require therapeutic programming (including concurrent disorders, anger management and additional programming to assist with insight improvement) before he will be transferred to another unit.
Dr. DeFreitas testified that Mr. Aimaque has responded well to antipsychotic medication in the past and she remains optimistic that once treatment can be resumed, he will similarly respond.
Mr. Aimaque was homeless at the time of the index offences. His family will not allow him to return home at this time. Therefore, if her were discharged from hospital at this time, he would be homeless again. If Mr. Aimaque were transferred to a general unit of the hospital with indirectly supervised privileges, he would have access to substances which are accessible outside of hospital. The consumption of substances would exacerbate his psychosis and he would likely cause harm to the public in a manner similar to the index offences. Mr. Aimaque does not understand that substance use will negatively impact his mental illness because he does not believe that he is ill.
To be fair to Mr. Aimaque, his diagnosis has changed from schizophrenia to substance induced psychosis and back to schizophrenia again. The treatment team has tried to explain this reclassification of his diagnosis but he does not understand.
In response to questions of Ms. Boissonneault, Dr. DeFrietas agreed that the diagnosis has been inconsistent for a number of years, which could be confusing. However, she clarified that Mr. Aimaque does not appreciate his symptoms regardless of the diagnosis.
Dr. DeFreitas reiterated that it is likely that Mr. Aimaque will not be ready for a general unit in the next year. However, she stated that if he does unexpectedly exceptionally well, then the hospital would have the option of requesting an early annual hearing.
Dr. DeFreitas stated that secure units may permit up to an hour or two of indirectly supervised hospital and grounds privileges. She stated that if the Board wished to add this to Mr. Aimaque’s disposition, she would agree that it would be reasonable to add to the Disposition indirectly supervised hospital and grounds privileges for up to one hour. The sooner he starts treatment with antipsychotic medications, the more likely he will reach this level of privileges this year.
In response to questions of the Board, Dr. DeFreitas is confident that Mr. Aimaque is not accessing substances on the unit. She testified that he will be able to access all recommended programming from the secure unit.
Dr. DeFreitas testified that Mr. Aimaque requested anger management counselling from PICU. He is open to counselling and the treatment team is in the process of arranging this counselling.
Mr. Aimaque provided oral evidence at the hearing. He testified that he would like to leave the hospital. He described goals generally relating to well-being, health, work and career. He said he would like to “pursue personal growth and develop a better tomorrow”.
Mr. Aimaque stated that he does not believe he is a threat to the safety of the public but he acknowledged that he had smoked too much cannabis. He said will avoid getting into trouble. He said he takes care of his autistic brother and he would like to get a job in construction or go back to school.
Ms. MacDonald and the Board thanked Mr. Aimaque for his oral evidence.
Analysis and Conclusions
Significant Threat
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds Mr. Aimaque poses a significant threat to the safety of the public.
Mr. Aimaque suffers from schizophrenia and polysubstance use disorder. He has required numerous hospitalizations in the past, often with involvement of the MHA. When his mental health deteriorates, he often becomes physically aggressive. He has an extensive history of assaultive behaviour including kicking his mother, fighting with his brother, and holding a knife in an altercation with his father. He has been charged for assaultive behaviours against members of the public during altercations.
Most often, prior admissions were in the context of substance use contributing to mental status deterioration. However, Dr. DeFreitas noted the following under the Clinical Assessment of Risk found at page 26 of the Hospital Report:
“I note however that the situation regarding diagnosis is complicated. When he was at Ontario Shores for his criminal responsibility assessment, his mental status was stable, with no evidence of agitation or psychosis, and he in fact was given a diagnosis of a cannabis induced psychotic disorder. It is only during this current admission to Ontario Shores that he began to exhibit psychotic symptoms in the absence of substance use, and the diagnosis was changed to schizophrenia.”
The panel agrees with the documentary and viva voce evidence of Dr. DeFreitas that Mr. Aimaque has a significant history of substance use, which has exacerbated his psychosis. If Mr. Aimaque were not subject to a Detention Order, the panel finds that it is highly likely that he would relapse to substance use, which would exacerbate his already active psychosis, and increase his risk of harm to the public.
The index offences were serious in nature and had the potential to cause significant injury to the victims had the police not arrived before Mr. Aimaque gained entry to their home. Mr. Aimaque continues to exhibit physically aggressive behaviour in hospital. He kicked a co-peer in hospital less than one month ago in December 2025. As recently as four days prior to this hearing, he assaulted a patient. Absent the level of oversight and care in PICU, he would engage in more physical aggression toward staff and / or peers.
Mr. Aimaque been repeatedly and consistently non-compliant with psychotropic medications. He does not believe that he has a mental illness.
He has lived transiently without access to treatment.
It is the unanimous opinion of the treatment team that Mr. Aimaque poses a significant threat to the safety of the public and this panel agrees.
Necessary and Appropriate Disposition
Given the Board’s finding of significant threat, it is charged with shaping a Disposition for the coming year. The Board agrees with the hospital recommendation, supported by the Attorney General, that the necessary and appropriate Disposition to manage Mr. Aimaque’s risk in the coming reporting year is a Detention Order within a secure unit of the Forensic Program at Ontario Shores.
Mr. Aimaque requires ongoing and consistent treatment with antipsychotic medications, and programs to help him build insight into his illness, need for medication, and risk that he poses to others. His history is clear that, absent the Board’s oversight, he would quickly relapse to substances and refuse medications without adequate supervision and supports.
The Board accepts and relies on the unanimous opinion of the treatment team excerpted from the Clinical Assessment of Risk found at page 26 of the Hospital Report, as follows:
“It is the unanimous opinion of the treatment team that Mr. Aimaque should be detained within the Secure Forensic Service at Ontario Shores, with privileges up to and including accompanied community access. It has not been possible to move him out of the Psychiatric Intensive Care Unit due to frequent episodes of agitated and aggressive behaviour. His level of aggression cannot be managed on a General forensic unit at this time.”
Dr. DeFreitas, with the support of the Attorney General, does not object to the addition of a term to the Disposition that would permit one hour of indirectly supervised hospital and grounds privileges. She agreed to at term for non-attendance within 300 metres of 704-18 Steeles Ave, Markham. As such, both terms will be added to the Disposition as it represents the least onerous and least restrictive Disposition.
Upon consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Aimaque, his reintegration into society and his other needs, we conclude that the necessary and appropriate Disposition is that Mr. Aimaque be detained on a Detention Order within the Secure Forensic Service at Ontario Shores, subject to the terms and conditions recommended by the hospital, as set out in our formal Disposition.
DATED this 20th day of February 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Murray
Legal Member
Office of the Registrar
Ontario Review Board