Re: Bahaeddine Hneihen
ORB File No: 5634
Hearing held on: Thursday, February 5, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M.D. Segal
Members: Dr. G.A. Chaimowitz Dr. H. Moulden Hon. N. Kozloff Mr. S. Duffy
Parties Appearing:
Accused: Bahaeddine Hneihen Counsel: Ms. S. Dubb
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. C. Coughlan
REASONS FOR DISPOSITION
(Dated March 9, 2026)
Introduction
Bahaeddine Hneihen, age 37, was on June 10, 2010, found not criminally responsible on account of mental disorder on two charges of mischief – not exceeding $5000, one charge each of theft not exceeding $5000, fail to comply with condition of an undertaking or recognizance, forcible confinement, and sexual assault, all contrary to the Criminal Code.
Mr. Hneihen, who was detained on a Detention Order at the Centre for Addiction and Mental Health (the “hospital”), appeared at the hospital before the Ontario Review Board (the “Board”) for his annual hearing on February 5, 2026.
The Board had before it as Exhibit 1 the Hospital Report dated January 5, 2026.
In preliminary positions the hospital, supported by Crown counsel, advanced that significant risk to the safety of the public was present and that there should be no change to the Detention Order. Ms. S. Dubb, for the patient, did not concede significant risk and requested an Absolute Discharge.
Diagnoses
- Mr. Hneihen’s current diagnoses are:
Schizophrenia
Substance Use Disorder
Antisocial Personality Traits
Possible Exhibitionism and Paraphilia Unspecified (coercive preference)
- Last year the diagnoses were Bipolar Disorder, most recent episode manic, and Unspecified Substance Related Disorder. Mr. Hneihen had been residing in the REENA home, DSO housing since June 10, 2024.
Index Offences
- “On December 7, 2009, Mr. Hneihen smashed the front window of a motor vehicle in the parking lot at 101 Richmond Street in Toronto. He entered a vehicle and stole the global positioning system unit.
On December 12, 2009, Mr. Hneihen broke the front driver’s side window of a motor vehicle, entered it, and stole a global positioning system unit and approximately $5 in currency.
On January 4, 2010, Mr. Hneihen followed a woman back to her room at the Primrose Hotel at 111 Carleton Street in Toronto. He entered her room without permission and then proceeded to remove his coat and shoes, expose his penis, and masturbate. She told him to leave but he refused. He moved to a position where he was leaning against the only door to the room, which prevented her from leaving. He continued to masturbate. She grabbed him by the throat and told him to leave but he again refused. He continued to masturbate and touched her breasts several times. He ejaculated onto his hand and the carpet, collected his belongings, taking the complainant’s mobile telephone from a table in the room as he did so, and fled in an unknown direction. When he was arrested on January 6, 2010, for an unrelated matter, the commission of the January 4, 2010th offence came to light.
On January 6, 2010, a second complainant returned to her vehicle in the parking lot at 101 Richmond Street in Toronto. The accused at that time was rummaging around the centre console inside the vehicle. He became startled by the approach of the complainant and fled the scene with a quantity of loose change that the complainant kept in the centre console of the vehicle. Mr. Hneihen was followed from the scene by a third party and arrested by the police. He was held in custody until March 9, 2010.
On March 10, 2010, the day after his release from custody, Mr. Hneihen was arrested for the theft of a bottle of alcohol at the LCBO store located at 595 Bay Street in Toronto. He was charged with theft under $5,000 dollars and breach of the March 9, 2010th recognizance that prohibited the possession of alcohol.”
Background
Mr. Hneihen was third in a sibline of nine. He was born in Jordan. He came to Canada at a young age. The family moved back and forth between Jordan and Canada several times because of Mr. Hneihen’s father’s belief that the children were not getting enough religion in Canada.
Mr. Hneihen has grade 7. He struggled in school. He reported selling batteries as a child in Jordan. His longest employment in Canada was for a few months at the age of 16 or 17. He has been on ODSP since 2008.
Mr. Hneihen’s legal history is found in the Hospital Report:
“In 2006, at the age of 18, Mr. Hneihen was arrested on multiple occasions. At the time, he resided in Toronto with his mother and siblings. On April 21, he was arrested for Possession for the Purpose of Trafficking a Schedule 3 Substance and Carrying a Concealed Weapon. He was held for a bail hearing, then released by way of a recognizance with conditions, including to be in his place of residence at all times (with certain exceptions). On May 12, he arrested for Taking an Auto without Consent, and Obstructing Police Officer. He was released on a recognizance. He was arrested again on May 19, for Failing to Comply with Recognizance x 2 and Possession of Marijuana. While being held in a cell at the police station, he masturbated 6 times openly and plainly in the view of the monitoring system within a five-hour time span. He was released on another recognizance. He was rearrested on June 1 for Failing to Comply with Recognizance. He was being investigated for stealing fruit from a convenience store, and information came to light that he was on several bails. He was not in possession of a note from his surety and was not meeting the conditions of his release. At the police station, he was placed in the interview room where his behaviour was described as bizarre. He cried for one hour and 45 minutes, stopping only to masturbate once. The investigating officer spoke with his mother and neighbour who both indicated that he had begun acting extremely erratically about three months prior. His mother had attempted to have him assessed, but he did not have a health card at the time. In December 2016, he was convicted of Sexual Assault and received 3 years of probation.
In 2008, Mr. Hneihen was brought to CAMH by his brother who reported the use of cannabis, ecstasy, and alcohol. He was diagnosed with schizoaffective disorder. He was followed by a psychosis team at home. He continued to consume substances and showed psychotic symptoms of fluctuating severity, including paranoid ideation, auditory hallucinations, disorganized thought, and agitation. He consumed a variety of illegal substances.
He was hospitalized at 19 but went absent without leave. His delusions, of aliens penetrating his body, were marked. Drug consumption was constant and heavy.
Evidence at Hearing
Dr. B. Chan, a Forensic Psychiatric Fellow, testified. Dr. Chan had been following the patient since October 2025 under Dr. L. Eid’s supervision.
At REENA, Mr. Hneihen receives 1:1 supervision. There have been concerning events at REENA as noted at page 41 of the Hospital Report. Mr. Hneihen has a fondness for cannabis. In 2024 and 2026, there were repeated relapses on substances including methamphetamines and cannabis. Mr. Hneihen absconded in June 2025 for 36 hours and was brought back to REENA by police. Mr. Hneihen had missed a clozapine dose but was stable enough not to be returned to hospital. This past year there was cannabis and methamphetamine usage.
It took a while, and positive tests confirmed, before Mr. Hneihen admitted to using substances.
Mr. Hneihen has poor insight into his mental health condition and the role of medication in his treatment. He cannot consent to treatment. His brother is his substitute decision maker, but the hospital has not been able to reach him since October. The only one who has the brother’s phone number is the patient who has said it was recorded on his phone. Every time the hospital asks for the number, Mr. Hneihen claims he has forgotten to bring his phone. The same was true at the hearing.
All recent urine screens have been negative. There is concern that the samples are diluted.
In Dr. Chan’s view, if the patient was given an absolute discharge he would need supportive housing, step away from his medication, start using substances, devolve into psychosis with violence appearing.
Mr. Hneihen does not want to be in housing. He is frustrated with the Board as it inhibits his desire to do what he wants.
In Dr. Chan’s view, Mr. Hneihen requires a highly supportive environment. The Mental Health Act would be insufficient to bring him back to hospital expeditiously. The hospital needs to approve housing.
Mr. Hneihen’s mental health is such that there is no possibility of safe consumption of substances.
Mr. Hneihen’s clozapine administration is optimized.
There are intellectual deficits. A 2014 study placed Mr. Hneihen in the extremely low range of intellectual development.
Mr. Hneihen has cravings for substances. Recently, to his credit, Mr. Hneihen agreed to take anti-craving medication. He is capable to consenting to the administration of anti-craving medications, but not to the administration of antipsychotic medication.
The history of sexual misconduct appears to be tied to psychosis and substances. Those tendencies abate when he is well. When unwell, there is a concern about violence and sexual violence.
The provisional diagnosis of paraphilia remains an open question.
It is believed he has a good relationship with his brother.
Mr. Hneihen addressed the Board. It was clear Mr. Hneihen wanted to be free of the Board’s supervision. He spoke about his enjoyment from working in a kitchen for 10 hours a week and of a second job as a cleaner. He described to the Board a depression that was present every day. His thoughts were not organized.
In final submissions Ms. Dubb acknowledged the bumpy start to the year but noted that things had improved in the second half. In recent months there have been no positive tests, there was connection to family, work, and cooperation with staff at the home and with the Forensic Outpatient Team.
Analysis
Mr. Hneihen continues to be a significant risk to the safety of the public. He has a serious mental health condition and a long history of mental health interventions, long periods of reliance on every conceivable substance, and a history of serious criminal conduct involving violence. During the past reporting year, he absconded and consumed cannabis and stimulants and was not forthright about his actions. Mr. Hneihen requires significant supervision. The hospital needs to approve housing. He is in a highly supportive housing and receives the benefit of that. A discharge, whether conditional or absolute, is not realistic.
The Board does recognize there has been some improvement in the latter part of the year after a rocky start involving absconding and illicit substance consumption.
To his credit, he has agreed to take an anti-craving medication which he describes as helping a little. The fact that he is working under REENA’s supervision is commendable.
There are some matters that concern the Board. They include the lack of contact with the substitute decision maker for some months. If the consent to treatment is to be meaningful, it must of course, be current. Last year the diagnosis was different than this year. This year it includes possible exhibitionism and paraphilia unspecified (coercive preference). When questioned about that, the doctor attributed such behaviours to when Mr. Hneihen was psychotic and under the influence of substances. Getting to the bottom of the issue is important given the impact of such a diagnosis. There have been no sexually inappropriate behaviours since 2016. In the Board’s view, the differential diagnosis should be solidified so that it is in or out of the current diagnosis. The differential diagnosis appears to support in part a finding of antisocial personality traits. It is clear that the patient has some form of intellectual disability. Presumably, that was the basis for DSO funding. Yet the intellectual disability is not noted in the current diagnoses.
In all the circumstances, the Board finds that the current Disposition appears to be the least onerous and least restrictive that balances public safety and the patient’s rehabilitation.
DATED this 9th day of March, 2026, at the City of Toronto, in the Region of Toronto.
Mr. M.D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board