Re: Habibullah Ghani
ORB File No: 6381
Hearing held on: Thursday, February 19, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: The Hon. B. Allen
Dr. R. Sheppard
Dr. M. Mamak
Mr. A. Mete
Parties Appearing:
Accused: Habibullah Ghani
Counsel: Mr. D. Garrick
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated March 16, 2026)
Introduction
On August 8, 2013 Mr. Habibullah Ghani was found not criminally responsible by reason of mental disorder on charges of assault with a weapon, and uttering a threat to cause death or bodily harm, all contrary to the Criminal Code.
Mr. Ghani is seeking a transfer to Alberta. The Ontario Review Board (“the Board”) held a hearing at the Centre for Addiction and Mental Health, Toronto, (“CAMH/the Hospital”) on November 29, 2024, to hear evidence and submissions regarding a request for an inter-provincial transfer pursuant to section 672.86 of the Criminal Code. Mr. Ghani’s existing disposition dated December 17, 2024, recommended a transfer of Mr. Ghani to the Province of Alberta for the purpose of recovery, treatment, and custody of the accused and his reintegration into society.
The existing disposition also determined under s. 672.54 of the Criminal Code that Mr. Ghani continued to be a significant threat to public safety and that the necessary and appropriate disposition to mitigate risk to the public was a conditional discharge.
The transfer to Alberta which has now been jointly agreed to by the parties had been delayed because Mr. Ghani had originally wanted to be transferred to Calgary. But that changed because his family members had already moved or were planning to move to Edmonton at the time of the previous Board hearing. The Attorneys General of Ontario and Alberta had given their approvals to the transfer. The Alberta forensic Hospital is