Re: Benjamin Omiyi
ORB File No: 7230
Hearing held on: Friday, December 19, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Kert
Members: Dr. T. Verny Dr. G. Nexhipi Hon. C. Nelson Mr. W. Apted
Parties Appearing:
Accused: Benjamin Omiyi Counsel: Ms. M. Perez
The person in charge of hospital: Counsel: Mr. D. Blumenkrans
Attorney General of Ontario: Counsel: Ms. S. Cressman
REASONS FOR DISPOSITION
(Dated March 4, 2026)
Introduction
On September 28, 2017, Benjamin Omiyi was found not criminally responsible on account of mental disorder (“NCR”) on a charge of criminal harassment, contrary to the Criminal Code of Canada (the “Criminal Code”).
On December 19, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Omiyi’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Omiyi was ordered detained at the General Forensic Unit at the Centre for Addiction and Mental Health (“CAMH” or the “hospital”) with privileges up to and including living in the community of the Greater Toronto Area in accommodation approved by the person in charge.
Mr. Omiyi was absent from his hearing. He was represented by counsel, Ms. M. Perez throughout the proceeding. Ms. Perez told the panel that Mr. Omiyi feels stressed by attending. Ms. Perez had instructions from Mr. Omiyi. As there were no objections, an order was granted pursuant to s. 672.51(10)(a) permitting Mr. Omiyi to be absent from the hearing.
Mr. Blumenkrans acted on behalf of the hospital; Ms. Cressman represented the Crown.
A Hospital Report dated November 25, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Omiyi continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the evidence before us, the Board found that Mr. Omiyi continues to represent a significant threat to the safety of the public. The Board finds that a Detention Disposition within the General Forensic Unit of CAMH is the necessary and appropriate Order having regard to the safety of the public, which is the paramount concern, and also having regard to Mr. Omiyi’s mental health, reintegration into society, and his other needs.
Position of the Parties
- The hospital submitted that the necessary and appropriate Disposition should be the same as last year’s, with the removal of the privilege which allowed Mr. Omiyi passes indirectly supervised to enter Southern Ontario for up to seven days. The hospital further submitted that paragraph 2(h) of last year’s Disposition, which allowed Mr. Omiyi passes indirectly supervised to enter Southern Ontario, be removed. The Crown supported the hospital. Ms. Perez joined the hospital and Crown on the issue of the Detention Order at the General Forensic Unit and the removal of the privilege outlined above, but requested that reporting be reduced to no less than once every two weeks instead of weekly as is set out in the current Disposition. Ms. Perez did not contest the issue of significant threat.
Index Offence
- The Hospital Report sets out the details of the circumstances surrounding the index offence based on the Halton Regional Police Service Case File Synopsis. In brief, on February 17, 2017, the victim boarded a GO Train with her son at Union Station. Mr. Omiyi sat on a seat close to the victim and her son. Mr. Omiyi stared at the victim and did not look away. The victim became uncomfortable and moved train cars to a car with a help desk. Mr. Omiyi followed the victim and stood approximately two to three feet away from her and continued to stare at her, causing her fear.
Background and History
The Hospital Report contains extensive information regarding Mr. Omiyi’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
Mr. Omiyi is a 27-year-old, single, unemployed, male with a grade 11 education. Prior to his arrest, he was living with his parents in Mississauga and attending an alternative high school program.
Mr. Omiyi is incapable of consenting to psychiatric treatment. His father is his substitute decision maker (“SDM”).
According to the Hospital Report, Mr. Omiyi was well adjusted until January 2014, when he began to exhibit bizarre behaviours, such as running around naked at school, becoming suspicious of people, complaining that the television was “acting funny”, and hearing and seeing things that weren’t real.
On January 16, 2017, Mr. Omiyi was charged with criminal harassment for following a female student at the school and causing her to fear for her safety.
Mr. Omiyi was employed for a few months at Tim Hortons in 2016. He has had no other employment.
Mr. Omiyi was referred to outpatient psychiatric services at Credit Valley in 2014, but he was not compliant with medication and did not attend scheduled follow-up appointments. He had four psychiatric admissions to Credit Valley Hospital between January 2016 to February 2017. Psychosis Not Otherwise Specified was noted as the diagnosis for two of these admissions. He does not have a history of substance use.
Evidence at the Hearing
Dr. P. Benassi, Mr. Omiyi’s treating psychiatrist and author of the Hospital Report, gave evidence at the hearing.
Mr. Omiyi remained on a General Forensic under the care of Dr. Benassi until his very recent discharge into the community on December 15, 2025. He has been discharged to supportive 24/7 supervised mental health housing where he shares a room with another tenant. The housing provides meal preparation, medication administration, and some leisure programming.
Mr. Omiyi continues to be incapable of consenting to psychiatric treatment and his father acts as his Substitute Decision Maker. Mr. Omiyi persists in his belief that medication is the sole cause of his auditory hallucinations and that he does not require antipsychotic medication and wants to eventually stop it. He continues to report auditory hallucinations generally invoking derogatory comments about others or comments to harm others. It also continues to appear that he is feigning comments or exaggerating them with the aim of provoking or degrading staff. The Hospital Report at page 31 sets out a number of behavioural concerns throughout the year.
In relation to observations, Mr. Omiyi shows lack of remorse or guilt about his historical rule-breaking behaviour and shows difficulty empathizing with others. He demonstrated a grandiose sense of self-importance and takes little responsibility for his past actions. The Hospital Report states that the above characterization demonstrates maladaptive personality features.
With respect to the request that Mr. Omiyi’s reporting be reduced to no less than once every two weeks, Dr. Benassi noted that Mr. Omiyi is just now transitioning to a new residence, a new treatment team and a new psychiatrist (Dr. Ali). He said that as Mr. Omiyi has only been living in the community for a few days, it is premature to reduce the required reporting frequency as more time is needed to see how the transition goes. The plan for the foreseeable future is that Mr. Omiyi will see Dr. Ali weekly, will see a case worker twice per week and will attend at CAMH for 1:1 cognitive behavioural therapy once a week. Dr. Benassi’s opinion is that Mr. Omiyi is unlikely to be suitable for bi-weekly (every two weeks) reporting this year.
Mr. Omiyi shows some strength in that he is an effective self-advocate and promptly communicates his needs and concerns to the team. He can comply with unit rules and the obligations outlined in his Disposition and, when motivated, he will attend physical programs and activities. He used his passes appropriately. However, his challenges remain, showing minimal insight into his mental illness and denial of medication attributes. He shows little accountability for maladaptive behaviour and has limited social skills. He can be passive about his own care and completion of tasks. These challenges still make frequent reporting necessary. Dr. Benassi also pointed out that now that Mr. Omiyi is in the community, some reporting, as time goes on, can be done virtually or by telephone. As well, some checking can be done through the current culturally adaptive cognitive behavioural therapy that Mr. Omiyi is undergoing. Frequent reporting sessions are an important part of risk management for Mr. Omiyi. Frequent reporting is likely to remain necessary and appropriate for this upcoming year in order to manage risk.
In answer to a question from a Board member who wondered how Mr. Omiyi would manage as he now has a roommate, Dr. Benassi stated that Mr. Omiyi can manage when he wishes to manage. He enjoys the fact that he now has more freedom. That he now resides with another roommate is yet another important reason to have frequent reporting so that the staff and team can assist with any issues that may arise.
Dr. Benassi stated that the derogatory and challenging comments that Mr. Omiyi makes are part of a power struggle and interpersonal conflict. He appears to enjoy getting “under people’s skin.” However, when things are going well, he does not complain. The team has talked to him frequently about his behaviour, but he still struggles in this area. Dr. Benassi stated that although his father is his Substitute Decision Maker, he has little contact with him. They do talk by phone, but his father has not visited him in more than a year.
Mr. Omiyi has no plans to travel but there remains a possibility that he will want to and be able to travel with his family in the future. He now accepts that he wants to continue to live in this community and not Nigeria as has been the case in the past.
In answer to a further question from a Board member, Dr. Benassi testified that indirectly supervised travel is not realistic for Mr. Omiyi during the next year.
No further evidence was called.
Submissions
- The parties maintained their joint submission except for Mr. Omiyi’s request to reduce the reporting requirement. Ms. Perez, in requesting a reduction in the reporting requirement to bi-weekly, pointed out that Mr. Omiyi has used his passes well and that loosening the reporting condition will give him more space.
Conclusion
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Omiyi remains a significant threat to the safety of the public.
Mr. Omiyi has a history of index offences while actively psychotic and non-compliant with medication.
Mr. Omiyi has ongoing violent auditory hallucinations. He has poor insight into his mental illness and treatment. He requires ongoing treatment with medication but believes that all of the voices he hears are due to the medications he is taking. If he were not supervised, he would be noncompliant with treatment and likely experience a resurgence of the full intensity of his psychotic symptoms, which would significantly increase his risk to the public.
The Board acknowledges that Mr. Omiyi has not demonstrated violent or aggressive behaviour in two years. This fact demonstrates the benefit of, and need for, the continuing treatment of his schizophrenia.
If Mr. Omiyi were released to the community without the oversight of the Board and his treatment team, his risk of harm to the public would be moderate to high. He poses a risk of criminal harassment, and physical and sexual harm to females, as well as individuals in positions of authority. Mr. Omiyi would be likely to engage in harassment and violence in response to grandiosity and paranoia.
Although reports are that Mr. Omiyi’s discharge into approved community housing is going well, it is still very early days. As a result, Mr. Omiyi’s outpatient team will have to have frequent access to him. It is the Board’s finding that reducing the reporting condition, as requested, is premature.
The Board agrees with the parties with respect to the removal of the privilege permitting Mr. Omiyi to enter Southern Ontario indirectly supervised for up to seven days. This is based on the evidence that it is unrealistic that Mr. Omiyi will be suitable for independent travel of that duration in the upcoming year. We agree that at this stage of his community reintegration, and given his high need for support, the condition should be removed from his Disposition.
The Board wishes Mr. Omiyi well in the coming year.
DATED this 4th day of March, 2026, at the City of Toronto, in the Toronto Region.
Hon. C. Nelson Legal Member
Office of the Registrar Ontario Review Board