Re: Wesam El Asala
ORB File No: 8352
Hearing held on: Tuesday, March 3, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. R. Sheppard
Dr. G. Nexhipi
Ms. C. Murray (via Zoom)
Mr. W. Apted
Parties Appearing:
Accused: Wesam El Asala
Counsel: Ms. U. Kancharla
The person in charge of hospital: Representative: Dr. S. Chatterjee
Attorney General of Ontario: Counsel: Ms. S. Malik
REASONS FOR DISPOSITION
(Dated March 16, 2026)
On June 26, 2023, Wesam El Asala was found not criminally responsible by reason of mental disorder on charges of attempt murder (x3), criminal harassment (x3), and weapons dangerous.
On Tuesday, March 3, 2026, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health (“CAMH”) and conducted the annual review of Mr. El Asala’s Disposition.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Dr. Chatterjee appeared as the hospital representative as well as being the most responsible physician. Dr. Chatterjee advised of the hospital position that Mr. El Asala remains a significant threat to public safety, and if the Board agrees, it is the hospital’s position that the necessary and appropriate Disposition is a continuation of the Detention Order with exact terms set out in last year’s Disposition. In response to a question from the Alternate Chair, Dr. Chatterjee advised that if the Board were to specify the level of security the hospital supports a Detention Order on a General Forensic Unit. Dr. Chatterjee stated her understanding that counsel for Mr. El Asala would be asking for a travel clause that would permit Mr. El Asala to travel outside of the Metropolitan Toronto area but in the Province of Ontario for up to 72-hours. The travel would be on the basis of accompanied by an approved person and subject to obtaining the consent of the person in charge of the hospital.
Ms. Malik appeared for the Attorney General. She supported the hospital’s recommendation. Ms. Malik, however, stated she wanted to hear the evidence about the proposed travel privilege before stating her position on that issue.
Ms. Kancharla appeared for Mr. El Asala. Ms. Kancharla advised that she was joining in the hospital position, acknowledging that at the present time her client remains a significant threat to public safety and acknowledging that at the present time a Detention Order is both necessary and appropriate. Ms. Kancharla advised that a family member who does not live in Canada is coming for a visit and Mr. El Asala wanted to be able to go with family members and his visiting brother to places such as Niagara Falls. Ms. Kancharla suggested that the privilege of doing so for up to 48 hours might be appropriate and subsequently also submitted that a period for up to 72 hours would be appropriate.
Index Offence
- The circumstances of the index offence are summarized as follows:
“The complainant and Mr. El Asala were married in June 2009 and resided together at the time of the index offences. On March 7th, 2022, police received a 911 call indicating that “a man who is completely naked just stabbed his wife there is lots of blood on his hands he is hitting her in the face and hitting her in the head with a hammer.” Police attended and located the female victim in the driveway with extensive injuries to her face and head. She had numerous stab wounds around her body. Mr. El Asala was found coming out of his residence, wearing only a t-shirt and underwear, holding their uninjured two-year-old son. Mr. El Asala was verbally non-responsive to police. He had a stab wound to his leg.
The eleven-year-old son was found with a neighbour. He was bleeding and had stab wounds to his back and arms. The female complainant was rushed to hospital in critical condition with multiple injuries. The older son was transported to hospital with stab/slash wounds to his back and arms and a collapsed right lung. A neighbour who tried to intervene was threatened by the accused. In the course of the incident, Mr. El Asala was stabbed in the leg by his older son. Mr. El Asala was arrested, taken to hospital, and held on a Form 1.”
Evidence at Hearing
- The Board admitted into evidence the Hospital Report dated February 11, 2026. The Hospital Report provides a great deal of information concerning Mr. El Asala, his personal history, his mental health history, details of the index offence and Mr. El Asala’s course in hospital subsequent to the date of the NCR finding. As the Hospital Report was made an exhibit in this hearing it is not necessary to reproduce the information contained in the Hospital Report in these Reasons. We do note, however, the stated diagnoses of:
Schizoaffective Disorder (bipolar type)
Cannabis Use Disorder (in sustained remission, in a controlled environment)
Antisocial Personality Disorder
In addition to the documentary evidence the Board also heard from Dr. Chatterjee. Dr. Chatterjee has been Mr. El Asala’s most responsible physician for a number of years. Dr. Chatterjee advised that Mr. El Asala will be moving into TRHP housing located on White Squirrel Way on the CAMH campus and that move is scheduled to take place at the end of March. Dr. Chatterjee confirmed that upon Mr. El Asala moving into the TRHP housing there will be a Forensic Outpatient Team that will be following him.
In response to a question from the Alternate Chair on the issue of significant threat, Dr. Chatterjee confirmed that it is her opinion and the opinion of the clinical team that Mr. El Asala remains a significant threat to public safety. He suffers from a major mental illness. He has a history of significant use of substances and there remain concerns about Mr. El Asala’s insight as to his appreciation of his need for medication. Dr. Chatterjee noted that Mr. El Asala has had a good year. He is on injectable medication. He has frequently been tested randomly for substances, and all such tests have been negative.
In response to questions from Ms. Malik, Dr. Chatterjee agreed that Mr. El Asala’s insight can be appropriately described as “underdeveloped.”
In response to further questions, Dr. Chatterjee confirmed that Mr. El Asala had an overnight visit at his parents’ home for one night at Christmas.
Ms. Malik noted the following from the Hospital Report:
“Mr. El Asala verbalized insight into his illness and the index offence, though the team noted that his insight to the impact on the victims remained underdeveloped.”
Dr. Chatterjee thought that remains accurate.
Dr. Chatterjee acknowledged that there was some confusion as to Mr. El Asala being able to visit with his children. We understand that confusion arose by reason of a conflict between the Family Court Order, and the Ontario Review Board order. That conflict was resolved last year when the Board did not include any ability to visit with his family members and that issue was left entirely up to the Order of the Family Court to prevent unenforceability due to conflict between the court order and Disposition.
Dr. Chatterjee repeated that Mr. El Asala has not tested positive for substances for a considerable period of time.
In response to questions from Ms. Kancharla, Dr. Chatterjee repeated that the hospital approved one overnight visit this past Christmas and that there were no problems with respect to that visit.
In response to a question regarding the diagnosis of antisocial personality disorder, Dr. Chatterjee replied that Mr. El Asala does not completely lack the capacity for empathy for example, and she was hopeful that it would continue to develop. She characterized his antisocial personality disorder as being a “soft diagnosis” and indicated that this was on a spectrum. She pointed out that his PCL score of 17 did not meet the threshold for psychopathy, however, it was not insignificant. She indicated that his irresponsibility, impulsivity and substance abuse were present historically but were not active currently. She said that this diagnosis is on a continuum and that currently he takes his position under the ORB very seriously. He is committed to abstain from substances and is compliant with his medication. His urine drug screens, which are random and occur one to two times per week, have all been consistently negative.
In response to questions from another panel member, Dr. Chatterjee noted that Mr. El Asala has participated in several programs and generally has prosocial goals.
No other evidence was heard at this hearing.
Final Submissions
Dr. Chatterjee noted that Mr. El Asala has enjoyed a good year. She complimented him and commended him for his efforts over this past 12 months. She notes that Mr. El Asala will be moving into TRHP housing at the end of March. Dr. Chatterjee agreed with an ability to travel with an approved person outside of the Metropolitan Toronto area and in Southern Ontario for up to 72 hours and subject to the approval of the person in charge.
Ms. Malik agreed with Dr. Chatterjee’s submissions. Ms. Malik submitted that the panel might wish to consider the pass provision to be limited to 48 hours, but left that up to the panel.
Ms. Kancharla confirmed her agreement with the hospital’s position. In response to a question from the Alternate Chair, Ms. Kancharla agrees that at the present time her client represents a significant threat as that term is used in the jurisprudence, and that the necessary and appropriate Disposition is a continuation of a Detention Order. Ms. Kancharla was kind enough to clarify one issue.
Findings of the Board
The Board accepts the evidence of Dr. Chatterjee and the evidence contained in the Hospital Report without reservation. In particular, we accept that at the present time Mr. El Asala suffers from a major mental illness. We accept that the events of the index offence were horrific. We also are aware of a history of inappropriate substance use, and we accept the evidence of Dr. Chatterjee that absent a Disposition there is a likelihood of a return to substance use and thereafter a likelihood of serious assaultive conduct.
The panel is satisfied that the current Detention Order is necessary and appropriate. We agree to specify the level of security is to be to a General Forensic Unit. We will include travel passes as set out in the Disposition.
The panel also commends Mr. El Asala on the success he has enjoyed over the past 12 months and expects that he will continue to work with the new clinical team once he is transferred to TRHP housing.
In reaching our decision, the Board has taken into consideration public safety, Mr. El Asala’s mental condition and his other needs, and Mr. El Asala’s reintegration into society.
DATED this 16th day of March, 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg
Alternate Chairperson
Office of the Registrar
Ontario Review Board