Re: Amir Sepehri
ORB File No: 6364
Hearing held on: Wednesday, February 18, 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. P. Prendergast
Dr. M. Mamak
Mr. A. Mete
Parties Appearing:
Accused: Amir Sepehri
Counsel: Ms. E. Gaudet
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated March 16, 2026)
Introduction
On June 27, 2013, Mr. Amir Sepehri was found not criminally responsible by reason of mental disorder on charges of assault, and sexual assault, all contrary to the Criminal Code.
Under s. 672.81(1) of the Criminal Code, a panel of the Ontario Review Board (“the Board”) was convened on February 18, 2026, at the Centre for Addiction and Mental Health (“CAMH” or “the Hospital”) to review Mr. Sepehri's threat to public safety and the appropriate disposition under s. 672.54 of the Criminal Code.
Mr. Sepehri's existing Disposition dated February 24, 2025, provides that he be detained at the General Forensic Service at CAMH with privileges up to including living in approved accommodation.
The parties advanced a joint position that Mr. Sepehri continues to pose a significant threat to public safety and that a detention order should be maintained with privileges up to including residing in approved accommodation.
Disposition
- For the reasons set out below the Board concludes, under s. 672.54 of the Criminal Code, that Mr. Sepehri continues to pose a significant threat to public safety and that the necessary and appropriate disposition is detention at the CAMH General Forensic Service on the existing terms including privileges up to including residing in approved accommodation.
Current Diagnoses
- Mr. Sepehri’s current diagnoses are schizophrenia, substance use disorder, intellectual disability, rule out paraphilia.
The Evidence
- The Board has before it the Hospital Report dated February 2, 2026, which contains an account of Mr. Sepehri’s personal and psychiatric background which need not be repeated in detail here. The Board also has the oral evidence of Dr. Nnamdi Ugwunze, the author of the Hospital Report. Dr. Ugwunze’s signature does not appear on the Hospital Report and at the hearing he endorsed its contents. Mr. Sepehri was assisted by a Farsi interpreter.
Index Offences
- The circumstances of the index offence are described in the Hospital Report at page 6 and are summarized as follows:
On Thursday August 4, 2016, at approximately 11:30 am, the victim entered the Toronto Transit Commission system by getting on a southbound train at the St Clair station, in the City of Toronto. The subway train was almost empty and the victim chose to stand. The victim observed the suspect get on at the Summerhill station and the train left the station and continued southbound. After leaving the Summerhill station, the suspect got up and walked past her. As he passed her, she felt him briefly touch her left buttock. The train was almost empty and there was no reason for the suspect to come into contact with her buttock, other than to intentionally touch it. The suspect continued past the victim and sat down beside another female.
The train pulled into the Rosedale station and the victim noticed 2 TTC Special Constables were on the platform. She approached them and advised them what had just occurred. The Special Constables got on the southbound train and approached the suspect and placed him under arrest for Sexual Assault. Police were contacted and officers took over the arrest.
Criminal History
- Mr. Sepehri does not have a recorded criminal history before the index offence. However, he was charged with criminal harassment, assault, sexual assault and sexual interference on June 19, 2012. He was found not criminally responsible on account of a mental disorder on the assault and sexual assault charges, the other charges being withdrawn.
Substance Use
- Mr. Sepehri has a history of cannabis use and alcohol abuse.
Mr. Sepehri’s Personal and Psychiatric History
Before the Current Reporting Year
Personal History
Mr. Sepehri is a 40-year-old single male of Iranian descent residing in North York. He is a permanent resident in Canada and has no dependants. His father was executed for his political beliefs in Iran when Mr. Sepehri was ten years old. Mr. Sepehri left Iran with his mother, sister and brother when he was 14 years old. Before arriving in Canada, the family travelled to Pakistan, Afghanistan and India. In India Mr. Sepehri began to experience psychiatric problems.
Mr. Sepehri is unemployed and financially supported on ODSP (“Ontario Disability Support Program”) benefits. He has never been involved in an intimate relationship. He received a Grade 8 education in Iran and, other than English as a second language courses, he has not upgraded his education since he left Iran.
Psychiatric History
Mr. Sepehri’s first psychiatric admission occurred in 2010. He was first admitted overnight at North York General Hospital “because I heard the voices” and then re-admitted a month later for one month. He had attempted suicide after the voices told him to cut his vein. He was assessed at CAMH in 2013. He had been receiving antipsychotic medications but continued to experience residual psychotic symptoms. Mr. Sepehri was diagnosed with schizophrenia and substance abuse, primarily alcohol and marijuana.
Mr. Sepehri’s psychiatric symptoms were characterized by a history of very disorganized thinking and chronic severe auditory hallucinations that led to verbal and physical aggression toward family and significant anxiety. He also had grandiose religious delusions involving thoughts he was “coming from God.” Mr. Sepehri had a history of episodes of depression, suicidality and violent thoughts toward others while experiencing auditory hallucinations. Although he received various modes of treatment together with antipsychotic medications, he retained only a tenuous grip on reality and a real potential for problematic behaviour.
Following the not criminally responsible finding on June 27, 2013, Mr. Sepehri was admitted to ATU (“Assessment and Triage Unit”) at CAMH on July 25, 2013. The voices continued often telling him to harm himself. But Mr. Sepehri did not act on the voices. While aware of his mental illness and that he needed treatment, his insight into his illness and the impact that drugs and alcohol could have on his illness was limited. He was medication compliant and started attending groups including the forensic systems group.
In October 2013, Mr. Sepehri was admitted to CAMH in a general forensic unit where he remained until discharged to live with his mother in 2014 under the care of outpatient services. He continued to suffer from voices and thought broadcasting. He displayed bizarre behaviours in the community such as ritualistically putting one hand on his belly and the other on his lips. Mr. Sepehri’s sister observed that her brother remained sexually preoccupied and would watch videos of Persian girls dancing.
Throughout 2014 to 2016 during his readmission to CAMH, Mr. Sepehri’s mental status vacillated between experiencing the psychotic symptoms of auditory and command hallucinations and reductions in symptoms evidenced by more organized thoughts and a positive mood when his medications were optimized. However, he continued to consume cannabis and to have positive urine screens. In August 2016, Mr. Sepehri was arrested for groping women on the TTC and was charged with sexual assault. He admitted to inappropriately touching a female on the TTC and indicated this occurred during command hallucinations that he could not resist.
In August 2016, Mr. Sepehri was admitted to a general forensic unit at CAMH where he remained until January 2019 when he was discharged to the VITA-operated Rollingwood Residence in North York, a high support co-ed residence that offers 24-hour supervision, regular monitoring, medication administration and structured programming on site. Mr. Sepehri’s care was transferred from the EFOPS (“Expanded Forensic Outpatient Service”) to the Transitional Care Team in the forensic outpatient service. He has remained at the Rollingwood Residence until the present.
By 2023, over his time living in the community, Mr. Sepehri’s mental health improved with fewer incidents of concern. There were no re-admissions to hospital. His family continued to be a significant source of social support over the year. He visited the family home on weekends on overnights on approved passes. Mr. Sepehri remained generally stable over the year. He acknowledged his schizophrenia; medication needs and that at the time of the index offence he was experiencing auditory hallucinations and that voices told him to kiss the victim. He accepted that his behaviour was wrong. Mr. Sepehri was also medication compliant. His anxiety symptoms improved. There were no incidents of aggression or inappropriate sexual behaviour observed or use of alcohol or drugs during that reporting period.
Mr. Sepehri’s mental status remained basically unchanged during 2024/2025. He denied experiencing any auditory hallucinations and advised that his anxiety improved. He acknowledged having schizophrenia and that he needed medication and he continued to show insight into the index offence. Similar to the previous year there were no incidents of aggression or inappropriate sexual behaviours or use of alcohol or drugs during that reporting period.
The Current Reporting Period – January 2025 to January 2026
During this reporting year Mr. Sepehri continued to reside at the Rollingwood Residence where he had been for over six years. Again, he remained stable throughout this reporting period, seeing his case manager once a month by Webex and being reviewed by his treating psychiatrist, Dr. Nnamdi Ugwunze, biweekly by Webex and in person. Mr. Sepehri acknowledges that he has schizophrenia. He accepts that he needs medication to remain well and is compliant with his medication. There has been no substance use, and he continues to have the support of his family.
There was however a troubling incident in September 2025, when Mr. Sepehri was observed approaching strangers in the street, invading their personal space and also urinating in inappropriate places. In response to this incident, with re-direction, Mr. Sepehri became engaged and completed several sessions with a behavioural therapist to address appropriate personal space and boundaries while interacting with others.
The Hospital Report states the following on page 28 regarding Mr. Sepehri’s risk to re-offend:
If Mr. Sepehri were to reoffend, this would likely take the following course. In the absence of sufficient structure and supervision, he would likely experience an increase in stress, for which he has limited coping skills to manage. He would most likely become non-compliant with his prescribed medication. These two factors would likely cause his mental state to decompensate and his psychotic symptoms would worsen. This in turn would make him more impulsive, sexually disinhibited and increase his risk of misusing substances. The above combination of psychosis, substance misuse, and impulsivity would significantly increase his risk of sexual aggression to those within his vicinity. This would be the anticipated violent recidivism scenario.
Oral Evidence of Dr. Nnamdi Ugwunze
Dr. Ugwunze had no material changes to add to the Hospital Report dated February 2, 2026.
Mr. Sepehri has continued for the last six years to live in the community in transitional housing at the Rollingwood Residence. Dr. Ugwunze testified that the Hospital has been seeking permanent housing for Mr. Sepehri because he has remained for a very prolonged period in housing intended to be temporary. As yet the Hospital has not found appropriate housing although Mr. Sepehri is on a wait list. In the past Mr. Sepehri has been offered permanent housing but has refused to accept the accommodation saying his family wants him to live with them. The doctor indicated however that this would not be acceptable and that under the circumstances Mr. Sepehri will be required to accept the next offer of permanent housing.
While Dr. Ugwunze acknowledged that during the current reporting year Mr. Sepehri has been mentally stable and substance abstinent in high support housing, he spoke of the incident of concern noted above that occurred on September 2, 2025, when Mr. Sepehri was observed invading strangers’ personal spaces in public and seen urinating in inappropriate places. The doctor testified that Mr. Sepehri has engaged in this type of behaviour on previous occasions and that this is a factor that informs his view that a detention order with 24-hour supported housing is the necessary disposition to mitigate significant threat to public safety.
In answer to Mr. Sepehri’s counsel’s query about how the social spacing issue is being addressed Dr. Ugwunze testified that the clinical team has employed behavioural modification techniques to assist Mr. Sepehri in this regard. Through a focus on the use of modelling of appropriate behaviour the team seeks to reinforce the importance of maintaining social boundaries. The current treatment team is aware of the importance for Mr. Sepehri of behaviour modification in this area which is particularly important in view of his prospective transfer to new permanent housing.
The Parties’ Positions
- As noted earlier the parties’ joint position is that Mr. Sepehri continues to be a significant threat to public safety and that the most appropriate and least onerous and least restrictive disposition is to continue the detention order permitting privileges up to including living in the community in approved accommodation.
The Board’s Conclusion
While mindful of the parties’ joint position the Board is required to come to an independent determination.
Based on the evidence before us the Board unanimously accepts the opinion, as stated in the Hospital Report, that Mr. Sepehri remains a significant threat to public safety within the criteria outlined in Winko v. British Columbia, 1999 CanLII 694 (SCC), [1999] 2 SCR 625 and as defined in s. 672.5401 of the Criminal Code. The Board considered the criteria as set out in s. 672.54, namely, the paramount criterion of public safety and Mr. Sepehri’s community re-integration, his mental condition and his other needs.
The Board accepts in accordance with s. 672.54 of the Criminal Code that the least onerous and least restrictive disposition that is necessary and appropriate in the circumstances is to maintain detention at CAMH General Forensic Service with privileges up to including living in approved accommodation on the same terms as the existing Disposition.
The Board arrives at that decision for the following reasons.
The Board accepts that Mr. Sepehri continues to pose a significant threat to community safety. Six months ago, he engaged in problematic behaviours in the public invading people’s private spaces and the disturbing behaviour of urination in inappropriate places. This is behaviour Mr. Sepehri has engaged in over the years and will be troubling going forward without behaviour-oriented programming. The Board is encouraged by the clinical team’s focus on modelling to reinforce appropriate behaviour in public. It is critical that this programming continue to be reinforced when he transfers to permanent housing.
The Board is somewhat troubled by Mr. Sepehri’s refusals of permanent housing stating his preference to reside with his family. We accept that, given Mr. Sepehri’s concerning public behaviours and his risk of decompensation if not closely supervised and monitored in the community as to his medication and substance abstinence, he could return to aggressive and violent behaviour were he to reside with his family.
The Board congratulates Mr. Sepehri on the progress he has made in his mental stability, adherence to medication and abstinence from using substances and encourages him to move forward in his progress by consenting to transferring to permanent housing which the Board believes will be preferable to being made to move by the Hospital.
In conclusion, based on the Hospital Report and the evidence added in Dr. Ugwunze’s testimony, the Board concludes, under s. 672.54 of the Criminal Code, that Mr. Sepehri remains a significant threat to public safety and that currently the necessary and appropriate disposition, that is the least onerous and the least restrictive to mitigate threat to public safety, is to maintain detention at CAMH General Forensic Service on the existing terms.
The existing Disposition satisfies the paramount criterion under s. 672.54 of the Criminal Code of protecting the safety of the public and further meets Mr. Sepehri’s interests in community re-integration and supports his mental health and his other needs.
DATED this 16^th^ day of March, 2026, at the City of Toronto, in the Toronto Region.
The Hon. B. Allen
Legal Member
__________________
Office of the Registrar
Ontario Review Board