Re: Naveera Fatima
ORB File No: 7887
Hearing held on: December 9, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein
Members: Dr. R. Chandrasena Dr. L. Lightfoot Ms. C. Murray Ms. C. Plyley
Parties Appearing:
Accused: Naveera Fatima Counsel: Mr. Robert Cunningham
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. Rows
REASONS FOR DISPOSITION
(Dated January 13, 2026)
Introduction
On May 10, 2021, Ms. Naveera Fatima was found not criminally responsible on account of mental disorder (“NCR”) on a charge of attempted murder, contrary to the Criminal Code of Canada (the “Criminal Code”).
On December 9, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Ms. Fatima’s current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Ms. Fatima was ordered Discharged subject to Conditions.
Ms. Fatima was present for his hearing and was represented by counsel, Mr. Robert Cunningham, throughout the proceedings. An Urdu interpreter was present to provide Ms. Fatima with translation from English to Urdu. Ms. Fatima did not rely on the assistance of the interpreter at any time during the hearing.
A Hospital Report dated November 12, 2025, was entered as Exhibit 1.
The issues to be determined are whether Ms. Fatima 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 and opinions before us, the Board found that Ms. Fatima no longer meets the threshold of significant threat to the safety of the public. The Board finds that an Absolute Discharge is the necessary and appropriate Order.
Current Psychiatric Diagnoses
- Schizoaffective Disorder, depressive type.
Position of the Parties
At the commencement of the hearing, the parties were canvassed for their without prejudice positions. Ms. Zamprogna, on behalf of the hospital, took the position that Ms. Fatima no longer represents a significant threat to the safety of the public. As such, the hospital recommended an Absolute Discharge.
Counsel for the Attorney General, Mr. Rows, supported the position of the hospital.
Counsel for Ms. Fatima, Mr. Cunningham, joined the recommendation of the hospital.
Index Offence
- Details of the index offence are extracted from last year’s Reasons for Disposition as follows:
“Background: Fatima Naveera is the mother and accused in this incident. The accused and her husband have a 7-month-old daughter, the victim, [Victim Name]. The accused has a history of depression and is likely suffering from postpartum depression.
SYNOPSIS: On Friday December 14, 2018 the 7-month-old Victim was asleep with her mother on a queen size bed in the basement. (The child usually sleeps in a crib on the second-floor bedroom with her mother). The accused woke the father up that morning advising the victim was having seizures. The father went to the basement and saw the victim was in distress and called 911. The victim was taken to St Joseph's Hospital, stabilized, and attempts were made to transfer her to Sick Kids Hospital. However, no beds were available, and the victim was transferred to London Health Sciences Centre, where she is currently being treated.
On Wednesday December 19, 2018, at approximately 12:30 am, the accused and her husband were talking about their child. The accused disclosed, " I tried to kill her", and further explained she had held her hand over the victim's mouth and pinched her nostrils
closed to stop her from breathing just before the child had the first seizure at their home
(CHARGE #1).
The father immediately reported this to the pediatric doctor. Doctors admitted the accused to hospital under the Mental Health Act and held her on a Form 1. Police and [the Children’s Aid Society] CAS commenced a joint investigation and interviewed the victim's father who advised he was shocked when the accused confessed to this. He advised they were discussing their child's care and how medical staff were unable to determine the cause of the child's seizures. At this point, the accused was remorseful and told her husband she held her hand over their child's mouth to stop her from breathing.
Doctors advised the victim's MRI scan showed damage and stroke activity to the brain consistent with lack of oxygen, or cerebral hypoxia. The doctor advised there would be no difference made in the child's treatment or outcome if the accused had reported anything earlier, and it is unknown if this incident will impact the normal development of the victim until developmental milestones are made or not made.”
Background, History, and Course Since Last Disposition
The Hospital Report contains extensive information regarding Ms. Fatima’s background and history, the entirety of which need not be repeated here in detail. However, the following particulars are noteworthy.
Ms. Fatima is a 35-year-old married mother of one 7-year-old child who is the victim of the index offence. Ms. Fatima and her husband immigrated to Canada in 2015.
Ms. Fatima graduated with a Fine Arts Degree in Pakistan in 2009. She worked as a preschool teacher for about two years in Pakistan. In Canada, she worked at a fabric store for about a year and worked as a sales representative for about one and a half years.
Ms. Fatima’s husband noticed a change in Ms. Fatima’s mental state after the birth of their daughter. Ms. Fatima travelled to Pakistan with her child after the birth. Her sister remarked that, in Pakistan, Ms. Fatima was very despondent, appearing to be “dead inside”, and stated that on one occasion Ms. Fatima ran out of the bathroom terrified claiming to have seen a scary face in the mirror. Ms. Fatima was reported to be constantly worried that someone would harm her and her infant. The family took Ms. Fatima to see a doctor in Pakistan, and she was prescribed escitalopram, procyclidine, omeprazole, and olanzapine. Upon her return to Canada, Ms. Fatima’s husband spoke to the family doctor about the change in Ms. Fatima’s behaviour and recalled telling the family doctor that his wife had expressed homicidal and suicidal ideation.
Ms. Fatima has no history of substance use, including alcohol and cigarettes.
Ms. Fatima has no prior criminal history.
In August 2023, Ms. Fatima transitioned from living at the hospital to living at her family home in St. Thomas. She lives with her husband and daughter, the victim of the offence.
Ms. Fatima did not experience any positive or negative symptoms of her mental illness this year.
Ms. Fatima is capable of making her own treatment decisions.
The Hospital Report notes that Ms. Fatima has a strong and positive relationship with her child. The child is presently doing well in school. Ms. Fatima reported that she will begin searching for employment again once her daughter is older and more stable in school. There are no concerns related to the family’s finances.
The Hospital Report highlights that Ms. Fatima’s insight into her index offence is developed. Her insight into her mental illness is good. She is able to identify early warning signs of decompensation. She stated that she would reach out to the Ambulatory Care team if signs of decompensation arise. Ms. Fatima’s insight into her treatment is good. She acknowledges that she will need to take medication long-term and that being attached to an Ambulatory Care team and having a community psychiatrist are necessary components of her treatment plan. Ms. Fatima does not believe she is at risk for becoming violent in the future because she is taking medication as prescribed.
Ms. Fatima’s main support is her husband. He commutes to Oakville for work three days each week. Ms. Fatima reported that her in-laws are now positive supports. She also speaks to her family in Pakistan weekly and she feels that they provide her with emotional support.
Ms. Fatima will be transitioning to the Elgin Ambulatory Care services through St. Joseph’s Health Care London. Dr. Balousha will be her community psychiatrist. Her primary clinician will be a social worker with the Ambulatory Care Team with whom Ms. Fatima will have monthly appointments. Dr. Lum is her general practitioner in the community.
Oral Evidence at the Hearing
Dr. Arun Prakash, Ms. Fatima’s outpatient psychiatrist and co-author of the Hospital Report, provided oral evidence at the hearing.
Dr. Prakash testified that Ms. Fatima’s mental state has been stable in the past year. She has not experienced depression. She is compliant with her medications and is, in fact, very organized to ensure she gets her medications on time from the pharmacy. She keeps all appointments with her treatment team and is engaged with Dr. Prakash and the treatment team at her appointments. Ms. Fatima’s husband is described by Dr. Prakash to be an “excellent support and quite aware of the warning signs of decompensation.”
Ms. Fatima’s daughter is now a lively, active seven year old. She is in grade two. Ms. Fatima exhibits very good interaction with her daughter. CAS closed their file in November 2023.
Dr. Prakash highlighted that Ms. Fatima and her husband do not plan on having any more children. They made this decision because of Ms. Fatima’s experience with post-partum depression, her miscarriage of 2019, and the risk of decompensation in her mental status.
The cost of Ms. Fatima’s medication is covered by her family’s drug plan.
Ambulatory care has already received the transfer of her care from the forensic team. She will be seen once per month at the ambulatory care clinic in St. Thomas. She will also receive her long-acting injectable medication at the ambulatory care clinic. Dr. Prakash stated that he is confident that Ms. Fatima and her husband will report future decompensation in her mental state, if any.
Dr. Prakash testified that Ms. Fatima no longer presents a significant threat to the safety of the public.
Submissions
- All parties maintained their initial positions and congratulated Ms. Fatima on her commitment to her excellent recovery and rehabilitation.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Ms. Fatima no longer represents a significant threat to the safety of the public.
Mr. Fatima suffers from schizoaffective disorder, depressive type. Ms. Fatima has been fully compliant with her medication regimen and recommended treatment, and as such, she no longer experiences symptoms of her illness.
Ms. Fatima’s insight into her illness and need for medication is described as very well developed. Her post-forensic treatment will continue to be supervised and monitored through Elgin Ambulatory Care Team under the care of Dr. Balousha. Her early warning signs of psychiatric decompensation (isolating, not taking care of herself) would be readily observable to her care team, husband, and family.
Though the Board is mindful of the seriousness of the index offence, the hospital did not present evidence of risk that would get over the threshold of significant risk as contemplated in the jurisprudence. Winko v. British Columbia (1999) 2SCR625 requires us to make evidence-based findings of significant threat, defined as “a real risk of physical or psychological harm”. We did not hear evidence of there being a real risk.
Dr. Prakash was clear in his oral evidence that Ms. Fatima no longer represents a risk to the safety of the public. She has been living in the community in the family home since August 2023 without issue. Dr. Prakash presented evidence of Ms. Fatima’s community psychiatric supports, medical supports, and family support. Ms. Fatima is connected with an Ambulatory Care Team and will have monthly appointments to follow her care. She is receiving long-acting injectable antipsychotic medication and will be transitioned to the Ambulatory Care Team for her injection. Ms. Fatima understands the need to take this medication indefinitely.
The Board notes the decision of the Supreme Court of Canada in Winko, and in particular the court’s statement at paragraph 61, which states “perhaps, most importantly, the recommendations provided by the experts who have examined the NCR accused”. The Board accepts the evidence of Dr. Prakash and the unanimous opinion of the clinical team. In particular, the Board relies on the Integrated Final Judgement of Risk – HCR20 and SAPROF outlined at page 39 of the Hospital Report and extracted as follows:
“Absent forensic supervision, Ms. Fatima presents a low risk of violent reoffending in the next 12 months. Her protective factors include internal, motivational and external aspects which all critically support with lowering her overall risk. Should she decompensate, it is likely that her family and established community support with the local Ambulatory Care team, along with her improved insight, would mitigate potential risk factors. In addition, her demonstrated adaptive coping this reporting period and family reunification further mitigates her future risk.”
The Board notes that Ms. Fatima and her husband have made a decision not to have further children. The Board is satisfied that they have meaningfully contemplated this issue and our finding in favour of an Absolute Discharge is bolstered by their decision.
The Board finds that Ms. Fatima no longer represents a significant threat to public safety and, therefore, must find in favour of an Absolute Discharge.
We wish Ms. Fatima and her family the best in the future.
DATED this 13th day of January 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Murray Legal Member Office of the Registrar Ontario Review Board