Re: Athuma F. Ochelebe
ORB File No: 8767
Hearing held on: Thursday, October 30, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.47(1) of the Criminal Code
Before: Alternate Chairperson: Mr. B. Garrow Members: Dr. B. Sheppard Dr. L.O. Lightfoot Ms. J. Ferguson Mr. S. Duffy
Parties Appearing: Accused: Athuma F. Ochelebe Counsel: Mr. I.T. Foster Donnell
The Person in charge of Hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. M. Feindel
AMENDED REASONS FOR DISPOSITION
(Dated February 3, 2026)
Please see underlined changes to original reasons made March 24, 2026, at paragraph 9. (ii).
Introduction
[1]. On March 31, 2025, Athuma Ochelebe was found not criminally responsible, on account of mental disorder, on charges of robbery, attempt break and enter, and aggravated assault (x2), all contrary to the Criminal Code, (the “Code”).
[2]. Mr. Ochelebe is currently subject to a Warrant of Committal dated April 15, 2025, detaining him at the Centre for Addiction and Mental Health, Toronto (“CAMH” and/or the “hospital”), pending a hearing by the Ontario Review Board (the “Board”).
[3]. On October 30, 2025, the Board convened a hearing pursuant to s. 672.47(1) of the Code to make a disposition. Mr. Ochelebe was present and represented by counsel.1
[4]. At the outset of the hearing the counsel for the Hospital submitted that Mr. Ochelebe be placed on a detention order within the Forensic Service of CAMH with privileges up to entering the community indirectly supervised, and subject to conditions prohibiting him from the use of alcohol and other substances, possessing of weapons, having any direct or indirect contact with the victims or being in proximity of the location of the index offences, and requiring him to provide urine samples for the purpose of substance testing. Counsel for the Attorney General for Ontario supported the hospital’s position except for the inclusion of provisions allowing for indirectly supervised passes. He also submitted that the prohibition to being in proximity to the location where the index offences were committed specify a distance of 500 meters. Counsel for Mr. Ochelebe supported the hospital’s position. He opposed the inclusion of 500 meters in the proximity prohibition and also requested that Mr. Ochelebe not be placed in a locked down unit. The issue of significant threat was not contested.
[5]. For the reasons that follow the Board finds that Mr. Ochelebe is a significant threat to the safety of the public and orders that he be detained on the Secure Forensic Service of the hospital on the conditions recommended by the hospital and with privileges up to entering the community, accompanied by staff or a person approved by the person in charge. We decline to include any indirectly supervised passes in this disposition, whether on hospital grounds or in the community. Further, the prohibition to being in proximity of the location of the index offences occurred shall extend to 500 meters.
Evidentiary Record
[6]. Dr. Candice Kung co-authored the Hospital Report dated October 8, 2025, Exhibit 1, and testified on behalf of the hospital. Statements prepared by the victims of the index offences were admitted in evidence and read into the record by counsel for the Attorney General for Ontario. No other evidence was adduced at the hearing.
Background
[7]. Mr. Ochelebe’s personal and psychiatric history, including the details of his mental disorder and treatment since being found NCR are described in detail in the Hospital Report. Briefly, Mr. Ochelebe is 26 years of age, single with no dependents. He was admitted to CAMH on June 23, 2025, on the Forensic Assessment and Triage Unit, (“FATU”) where he currently resides. He is capable of making decisions with respect to his health, treatment, and the management of his property. He has applied for financial support through the Ontario Disability Support Program.
[8]. Mr. Ochelebe’s current diagnoses are schizophrenia (versus substance-induced psychotic disorder), substance use disorder (cannabis) in sustained remission within a controlled environment, and cluster B (antisocial) personality traits. He is maintained on a daily dose of 5 mg oral olanzapine, an antipsychotic medication.2
[9]. The index offences occurred on January 14, 2021, as described in the Reasons for Decision issued by Schrek J., on the Crown’s application for a “High Risk Accused” designation pursuant to s. 672.64(1) of the Code, which forms part of the record before the Board3:
“A. The Index Offences
(i) Robbery
At about 7:00 p.m. on January 14, 2021, Vita Salvaggio was sitting in his car in the driveway of his home preparing to leave when he was approached by Mr. Ochelebe, who demanded that Mr. Salvaggio give him the vehicle. He then headbutted Mr. Salvaggio and pulled him out of the car. A struggle ensued between them during which Mr. Ochelebe repeatedly accused Mr. Salvaggio of being a police officer (which he was not). Mr. Ochelebe then got into the car and drove away at a high rate of speed.
(ii) Attempted Break and Enter
About two hours later at 8:55 p.m. Armando De Luca was at home with his wife, Elaina De Luca, when he heard a knock at the front door. He opened the door to find Mr. Ochelebe, whom he did not know. Mr. Ochelebe told Mr. De Luca that he wanted to sell him a CD. Mr. De Luca replied that he was not interested and closed the door.
A few minutes later, Mr. Ochelebe began smashing the front door with a piece of wood. He broke a window in the door and attempted to reach in to unlock it from the inside while holding a knife. Mr. De Luca grabbed a golf club and used it to try to push Mr. Ochelebe away while also trying to hold the door closed. Mr. De Luca asked Mr. Ochelebe what he wanted, to which he replied, "Freedom." While this was ongoing, Mrs. De Luca called 911 and also called a neighbour, Glen Tarver.
(iii) Aggravated Assault (Two Counts)
Mr. De Luca opened the front door to confront Mr. Ochelebe, who grabbed the golf club from him and then ran away. By this time, Mr. Tarver had arrived to assist his neighbours and was attacked by Mr. Ochelebe, who struck him in the head with the golf club several times and also stabbed him repeatedly with the knife. Mr. De Luca attempted to intervene, but was also struck in the head with the golf club and stabbed three times in the arm.
(iv) The Arrest
The police arrived while Mr. Ochelebe was assaulting Mr. De Luca and intervened, at which point Mr. Ochelebe suddenly laid down on the front of the police car and went limp. He then suddenly got up and headbutted one of the officers. The officers managed to take control of Mr. Ochelebe and placed him in the back of the police car. At this point, Mr. Ochelebe became agitated and began to scream that the police were going to murder him, drink his blood and burn his house. He screamed about "Rothschild" and asked, "Am I the black mirror?" Mr. Ochelebe alternated between screaming, singing, and mumbling to himself.
Upon arriving at the police station, Mr. Ochelebe continued to make strange statements. He identified himself as "Rothschild," stated that people wanted to kill him, directed slurs at the police officers, and at one point sang "Baa Baa Black Sheep."
[10]. According to the Hospital Report, Mr. Ochelebe has one prior conviction for theft under $5000, stemming from charges laid in July 2018, including robbery, trafficking cannabis, and weapons possession. At the time of the robbery Mr. Ochelebe was brandishing a folding knife. On or about December 19, 2018, he received a suspended sentence and was placed on probation for three years. The index offences occurred while Mr. Ochelebe was still on probation.
Evidence of Dr. Kung
[11]. The Hospital Report covers the entire period since Mr. Ochelebe’s admission to CAMH. On admission he informed the admitting psychiatrist that he had been previously diagnosed with schizophrenia and cannabis induced psychosis.
[12]. Dr. Kung has been treating Mr. Ochelebe since September 9, 2025. Dr. Kung confirmed, as reported, that Mr. Ochelebe’s mental health has been stable while in hospital. He has not reported, nor has he been observed to be experiencing active or residual psychotic symptoms, either perceptual disturbances or delusions. He is compliant with his medication requirements. He is polite and co-operative with staff and has been very active in psychotherapeutic programming and recreational activities.
[13]. Dr. Kung expressed that at present Mr. Ochelebe is adequately treated with antipsychotic medication. However, treatment team is continuing to analyse Mr. Ochelebe’s mental state in the context of the current diagnosis to gain a clearer understanding of his mental illness; whether he suffers exclusively from a primary mental illness, namely schizophrenia, or substance induced psychosis disorder. And the relationship between the two mental disorders, considering Mr. Ochelebe has exhibited psychotic symptoms without and concurrently with substance use.
[14]. Of note, psychological testing conducted first in July 2025, and again in September, yielded the following conclusions with respect to the cause of Mr. Ochelebe’s psychotic symptoms:
“Although the precise etiology of Mr. Ochelebe’s symptoms remains difficult to discern, it is clear that he suffered from psychotic symptoms at the material time, including auditory command hallucinations and persecutory delusions. Further, Mr. Ochelebe’s report that he continued to experience symptoms of psychosis in custody, and following his cessation of his cannabis and mushrooms use, would appear to indicate a primary psychotic disorder as opposed to his symptoms being the product of substance use only.”
[15]. Dr. Kung acknowledged that psychological testing revealed that Mr. Ochelebe has antisocial personality traits, but they have not been observed to be a factor in his behaviour since his admission to hospital.
[16]. Dr. Kung confirmed that Mr. Ochelebe’s demonstrates fairly good insight into his diagnoses and the index offences. He is able to describe various symptoms of schizophrenia. Moreover, he reported being amenable to continuing his antipsychotic medication into the foreseeable future. He also acknowledged the index offences and the pain that resulted due to his actions.
[17]. Dr. Kung described Mr. Ochelebe’s insight into substance use and its impact on his mental illness as fair, with respect to psylocibin mushrooms, but superficial in the context of cannabis use. Mr. Ochelebe acknowledged his history of substance use, and as reported, according to the unit psychologist, he appeared to minimize the range and depth of its impact on various aspects of his life, including mental health. Dr. Kung expressed that an important factor to be considered in determining the level of privileges he will be afforded over the coming year, is whether he is able to maintain mental stability in the presence of substances. There is no access to substances on the FATU. However, Dr. Kung emphasized that the treatment team will have to be vigilant in monitoring Mr. Ochelebe’s mental status and behaviour as he progresses through the passes available and granted under his disposition.
[18]. Dr. Kung confirmed that given Mr. Ochelebe’s history of mental illness, previous violence when unwell, and risk assessment scores, he continues to meet the threshold for significant threat under the Code.
[19]. According to the treatment team, as reported, the following reoffence scenario describes the risks associated with Mr. Ochelebe’s mental health, left untreated:
“In risk assessment, one of the best predictors of future violence is a patient’s history of violence. If Mr. Ochelebe were to reoffend, it would likely be in the context of psychotic symptoms due to non-compliance to medication, substance use, or stressors leading to psychotic decompensation. In the absence of external monitoring, he will likely disengage with services due to his poor insight and become non- compliant with medication, which will increase his risk of relapsing into a psychotic episode, similar to his mental state at the time of the index offence.
[20]. Over the course of the upcoming year the treatment team will focus on maintaining Mr. Ochelebe’s mental health, ensuring that he continues to take his prescribed medication on which he has shown a positive response. In addition, following the recommendations of the unit psychologists. treatment will focus on psychoeducation and structured programming on symptom identification and management, behaviour and emotion management, and substance relapse prevention programming.
Analysis and Conclusions
[21]. Having considered all of the evidence and the submissions presented by the parties, the Board finds that Mr. Ochelebe poses a significant threat to the safety of the public. In the circumstances, it is ordered that he be detained at the Secure Forensic Service of the Centre for Addiction and Mental Health, Toronto, on the terms recommended by the hospital, as amended to exclude any access to indirectly supervised passes. We also accept the Crown’s position that the condition prohibiting Mr. Ochelebe’s attendance in proximity to the location where the index offences occurred specify a distance of 500 meters.
[22]. Mr. Ochelebe has only recently been admitted to CAMH, and there is still uncertainty surrounding the cause of his psychotic symptoms. Moreover, while he has remained abstinent from substance use, he has not had access to substances on FATU. Nor has he had the benefit of substance use relapse prevention programming. And, he has yet to be exposed to an environment where substances are available, where his resilience can be tested. As we apprehend the evidence, indirectly supervised passes are recommended by the clinical team, and ultimately granted at the discretion of the committee that oversees passes. The factors considered both at the clinical and committee levels include the patient’s mental stability, adherence to treatment/medication, and level of engagement in psychotherapeutic programming. Patients remain at each pass level for a minimum period of one month and must demonstrate that they are capable of using the privileges afforded by the pass level responsibly before being considered for advancement to the next level. Mr. Ochelebe’s eligibility for passes will begin with the issuance of the Board’s disposition. The evidence before us indicates that indirect pass privileges, if available under the Board’s disposition, and recommended by the clinical team and granted by the committee would not be issued for at least six months. Considering all of the evidence, we find that indirectly supervised passes are neither necessary nor appropriate at this juncture. If during the next year, Mr. Ochelebe’s treatment progresses to the point that, in the clinical team’s opinion, indirectly supervised passes will advance his rehabilitation, an early review may be requested.
[23]. The offences committed by Mr. Ochelebe, when unwell were particularly violent and as evidenced by the statements submitted by the victims have had and continue to have a serious impact on their physical and mental health. We acknowledge Mr. Ochelebe’s expression of remorse, as reported by the treatment team. We urge him to continue to reflect on his behaviour and the serious consequences of its impact on the victims and fully commit to treatment and abstaining from substance use, now and in the future, as he progresses towards the goal of reintegration into society.
[24]. In coming to this conclusion, the Board has considered its responsibility pursuant to s. 672.54 of the Code to make a disposition that is necessary and appropriate in the circumstances, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society, and his other needs.
DATED this 3rd day of February, 2026, at the City of Toronto, in the Toronto Region.
Mr. B. Garrow Alternate Chairperson
___________________ Office of the Registrar Ontario Review Board
Footnotes
- Victims of the offence attended the hearing. Mr. Ochelebe’s mother and aunt were also in attendance.
- According to the Hospital Report Mr. Ochelebe was first treated with olanzapine in 2021. While the dosage has fluctuated, and there are documented periods of non-adherence, it is reported that from June 2024 through April 25, 2025, he continued to be prescribed with olanzapine 5mg.
- R. v. Ochelebe, 2025 ONSC 5621```