Re: Zvidzai Chidiya
ORB File No: 8081
Hearing held on: Friday, January 9, 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. Weinstein
Members: Hon. N. Kozloff Dr. K. Hand Dr. G. Kerry Mr. S. Duffy
Parties Appearing:
Accused: Zvidzai Chidiya Counsel: Mr. S. Shabestary
The person in charge of hospital: Representative: Dr. P. Darby
Attorney General of Ontario: Counsel: Mr. M. Feindel
REASONS FOR DISPOSITION
(Dated March 19, 2026)
Introduction
[1]. On May 24, 2022, Zvidzai Chidiya was found not criminally responsible (“NCR”) on account of mental disorder with respect to one count of attempted murder, contrary to the Criminal Code. Mr. Chidiya is currently subject to a Disposition of the Ontario Review Board (“the Board”) dated December 20, 2024, ordering his detention at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH”) with privileges up to and including residing in the community of Toronto in accommodation approved by the person in charge.
[2]. On Friday, January 9, 2026, the Board convened a hearing to review Mr. Chidiya’s Disposition pursuant to section 672.81(1) of the Criminal Code.
[3]. Mr. Chidiya was present at the hearing and represented by Counsel, Mr. Shabestary.
[4]. The issues to be determined at the hearing were whether Mr. Chidiya continues to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, what was the necessary and appropriate disposition which was also the least onerous and least restrictive, taking into account the factors set out in section 672.54 of the Criminal Code.
Positions of the Parties
[5]. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board.
[6]. Dr. Darby, on behalf of the Hospital, advised that the position of the Hospital was that Mr. Chidiya continued to represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a Conditional Discharge with conditions that he reside at 901 O’Connor Drive, Toronto, as well as the conditions in para. 3(b) and para. 4 of the Disposition dated December 20, 2024.
[7]. Counsel for the Attorney General supported the Hospital position.
[8]. Counsel for Mr. Chidiya supported the Hospital position and acknowledged that significant threat was not in issue.
Evidence at the Hearing
[9]. The evidence at the hearing consisted of the Hospital Report dated December 17, 2025, (Exhibit 1) and the oral evidence of Dr. Darby, Mr. Chidiya’s treating psychiatrist and author of the Hospital Report.
Background, Substance Use, Psychiatric and Legal History
[10]. Mr. Chidiya’s Background Information, Substance Use and Psychiatric History are thoroughly canvassed in the Hospital Report. Some of the relevant information contained in last year’s Reasons for Disposition dated January 13, 2025, together with additional details contained in the Hospital Report is set out below:
Background Information Regarding the Accused
Mr. Chidiya is a 28-year-old single male born in Harare, Zimbabwe. His parents separated when he was very young and he does not recall a time when they lived together. His mother moved to Canada when he was five years old, but he remained in Zimbabwe until he was nine when he immigrated to Canada with his older half-brother to reunite with his mother.
Mr. Chidiya describes himself as an average student but began to struggle in grade 10 after a friend was shot and he became less interested in attending school. Although he continued to “show up” his grades suffered. He did not graduate from high school with his peers as he had to repeat a number of courses but did obtain his high school diploma. He enrolled in a Humber College program for plumbing but struggled with the program and dropped out.
Substance Use History
Mr. Chidiya began smoking cannabis when he was 13. His use was initially sporadic, but he began to smoke regularly when he was in grade 10. He reported that he abstained from cannabis use for a month prior to the index offence. Although he reported that he only drank alcohol in social settings, at one point his mother suspected him of abusing rubbing alcohol for a six-month period, but he stopped after she reprimanded him.
Psychiatric History
Mr. Chidiya first admission to hospital with respect to mental health related concerns was in July 2019. His mother reported that he was observed talking to himself and had been “violent” towards property in the home as well as exhibiting other “bizarre behaviour” such as sitting on a rooftop and letting water overflow in a bathtub. She also reported that he began displaying “odd” behaviour two years earlier and became more isolated from family and friends. His condition improved following the introduction of antidepressant and antipsychotic medication, and he was discharged and advised to follow up with his family doctor. His diagnosis on discharge included psychosis NOS, query schizophrenia.
Mr. Chidiya was again hospitalized in May 2020 after his mother called police due to his expressing suicidal ideation, paranoia and response to internal stimuli. She also noted that he had been noncompliant with antipsychotic medication prescribed by his community psychiatrist. On admission he appeared confused with thought blocking, endorsed auditory hallucinations and had minimal insight. He was treated with a long-acting antipsychotic injectable medication, Invega Sustenna, and his thought processes improved during the hospitalization. He was discharged with a diagnosis of schizophrenia and “marijuana abuse disorder.”
Mr. Chidiya’s current diagnosis is schizophrenia.
Legal History
[11]. According to his Criminal Record Mr. Chidiya did not have any convictions prior to the index offence. He had a withdrawn charge of Break and Enter with Intent on September 26, 2016. Mr. Chidiya stated he had been arrested for trespassing because he was “in the wrong place at the wrong time.”
Index Offence
[12]. The following History of the Predicate Offence is excerpted from the NCR Assessment Report authored by Dr. Georgia Walton and Dr. Sean Li dated on January 14, 2022:
Accused: Zvidzai Robert CHIDIYA
Charge #1: Attempt Murder CC 239(1)
Charge #2: Posses Weapon Dangerous for Public Peace CC 88(1)
Offence Date: January 8, 2021
Time: 6:58 PM
Offence Location: Soap Stars Coin Laundry, 1620 Albion Rd, Toronto.
Background:
The victim, Ramon FRANCIS visits the laundromat every day to use free internet and acts as a caretaker on behalf of the owner between 5:00 pm and 12:00 am. The victim might know the accused from a previous interaction, where he would have advised the accused to leave the premises for an unauthorized activity. It appears the victim and the accused had a dispute and the accused was looking for the victim.
Synopsis:
On January 8, 2021, the accused came to the laundromat looking for the victim. The accused spoke to a worker, asked her what time victim would be in. As she did not give him any information, he called the owner of the laundromat, at approximately 5 pm and tried to get information about the victim. At approximately 6:57 pm the accused returned to the laundromat and found the victim sitting on a table. The victim was busy watching something on his cellphone with his headphones on, totally unaware of his surroundings. The accused walked up to the victim, took out a big kitchen knife and stabbed the accused in his abdomen area. The victim fell down to the floor, and the accused got on top of him and kept stabbing him multiple times. The accused (sic) tried to push the accused off him, tried to protect himself by grabbing the knife and accused by his hands. The accused continued stabbing the victim in his upper torso when who lay on the floor injured.
This assault continued for several minutes with the victim no longer able to defend himself. At this time two other customers at the laundromat observed this stabbing and confronted the accused in the process of stabbing. They first threw the two garbage bins and a laundry bin the accused, which did not deter the accused. They then picked a metal laundry cart, tossed it at the accused and then held it close to him and pushed him off the victim. The accused would not have stopped stabbing the victim till he was dead, if these two citizens would not have intervened. The accused then left the laundromat from the rear exit and was arrested by Police close to the offence location. Accused was transported to 23 Division, where he was charged accordingly and held pending a show. The victim was transported to Sunny Brook Hospital for medical attention and underwent multiple surgeries.
Victim Injuries:
Stab wounds in the following area: Left Chest, Under Left armpit, Left and Right side of upper torso, Right Groin area, Top left Quadrant of intestine and both hands.
Following the NCR finding on May 24, 2022, Mr. Chidiya was admitted to a CAMH Secure Forensic Unit. In April 2023, he was transferred to a Forensic General Unit and on December 18, 2023, he was discharged to a high support residence in the community (a LOFT Community Services residence with 24/7 staffing).
[13]. The course of treatment following Mr. Chidiya’s NCR finding is set out in the Hospital Report. Relevant information concerning the most recent period is set out below:
CAMH, FOPS: December 2024 to December 2025 Physical Health Mr. Chidiya was connected to East End Community Health Center (EECHC) in February 2024 where he saw a Nurse Practitioner for all his physical health needs. Mr. Chidiya is relatively healthy, with no significant health concerns during his outpatient stay. The NP will continue to monitor his health and intervene as needed.
In January 24, 2025, Mr. Chidiya was diagnosed with borderline diabetes and low hemoglobin. He was provided education on lifestyle modification, including adopting a healthy diet, increasing physical activity, and implementing other measures.
Mr. Chidiya plans to maintain a healthy lifestyle and work/life balance. The EFOPS team will continue to provide ongoing health education and support as needed.
Mental Health
Mr. Chidiya is always well groomed, calm and pleasant. He is polite and cooperative; he reports his mood was “fine,” however his affect is relatively flat. Mr. Chidiya’s thought process is logical, coherent with no evidence of paranoia or delusions. He had not expressed any homicidal or suicidal thoughts or violent ideas/plans during his outpatient stay.
EFOPS team will continue to provide ongoing support to Mr. Chidiya.
Medication
Mr. Chidiya has been compliant with his psychotropic medication, paliperidone 9 mg qhs.
Substance Use
There have been no concerns since his discharge to the community in December 2023. All his urine and drug screens have been negative since his discharge to the community in December 2023.
Concerning Behaviours
No concerns have been noted since his discharge to the community in December 2023.
Self Care
Mr. Chidiya has resided at LOFT at O’Connor Drive since December 2023. The housing is operated by LOFT community services with 24/7 staffing – (2 during the day, 2 in the evenings and 2 on nights). He had a bachelor apartment with his own bathroom and appliances. Mr. Chidiya availed of meals from LOFT for the first 3 months initially, then took responsibility for his own meals. Mr. Chidiya reports ongoing enjoyment at LOFT housing and gets along well with the other tenants. At the time of this report, Mr. Chidiya remained satisfied with his current level of housing.
In May 2025, Mr. Chidiya reported unknowingly occasionally using an overdraft in the past. He also disclosed receiving $15,000 in CERB in 2020 while working as a labourer and not supported by ODSP at that time. He stated the funds were spent and was reluctant to disclose any further details. Mr. Chidiya owed $13,740 and was advised to contact Spergel to explore debt consolidation. He stated he would consider this option and is currently making monthly payments of approximately $100.
Mr. Chidiya is supported by ODSP and managed his finances.
Structured Activity
In January 2025, Mr. Chidiya attended an information session on a construction program at George Brown with the intention of enrolling in the program. He also considered taking a welding course at Humber College.
In February 2025, Mr. Chidiya applied for the welding program at Humber College, however, there were no available spots for spring, he decided to reapply for the fall session, and enrolled in a short welding course at George Brown College in the interim.
In March 2025, Mr. Chidiya requested and received a support letter required for admission to the Construction Craft Worker Foundations Program. Mr. Chidiya’s inability to secure a spot in the welding program, led to the decision of pursuing the construction program. He completed the program assessment and was awaiting an interview date, scheduled for April 2025.
In April 2025, Mr. Chidiya shared that he was not accepted into the construction program. He planned to take two short welding courses at George Brown College to assess his interest and suitability for the field. Mr. Chidiya also applied at Fresh Start for employment, however, was unsuccessful in securing employment as there were no job vacancies.
In June 2025, Mr. Chidiya registered for the accountancy program at Humber College and stated the program in September. Mr. Chidiya has struggled academically, especially in math, business law and computer. Despite receiving additional academic support, he was unable to improve his grades.
In November 2025, Mr. Chidiya stated he chose not to pursue the accountancy program further, reporting the program was more difficult than expected. He planned to enroll in a bookkeeping course at Centennial College in the near future.
Besides employment search and education, Mr. Chidiya had attended programming (IMR group, Forensic Systems Group, Zumba and buzz bites) offered through LOFT and CAMH. Currently he spends his leisure time cooking food, cleaning and socializing with a few selected peers.
Family/Social Support
Mr. Chidiya had the support of his family- mother who lives in Etobicoke, and a brother and sister who lived in Alberta. He remained connected with his family and spent quality time with them whenever possible.
Beyond his family, Mr. Chidiya reported few other supports, with no intimate partner or friends.
In addition to family, Mr. Chidiya's social support included the LOFT to staff, Forensic Outpatient Service staff and staff at East End Health Centre.
Dundrum 3 and 4
Based on staff rated scores, key rehabilitative pillars to focus on in the coming year included:
Mental Health – Mr. Chidiya has engaged well in psychological and pharmacological treatment. He will benefit further from ongoing counseling around his mental health and coping skills.
Education, Occupation and Creativity – Mr. Chidiya is interested in pursuing further vocational or educational opportunities in the community. It will be important to find prosocial activities that can assist with his community reintegration.
MENTAL STATUS EXAMINATION (November 2025)
Mr. Chidiya is always dressed casually with adequate hygiene. He presents typically as calm and cooperative. He maintains good eye contact. He does not exhibit any psychomotor abnormalities. His speech is normal, in rate, rhythm and volume. His affect is somewhat restricted, although less so than on admission to housing. His thought process appears organized. He does not report any perceptual disturbances, delusions, suicidal or violent ideation. He does not appear to be responding to any internal stimuli, though he sometimes looks preoccupied. His insight is fair and his judgement adequate.
[14]. The issue of significant threat to the safety of the public is addressed at pp. 21-24 of the Hospital Report. The following excerpts are of significance:
RISK FORMULATION
Psychopathy Checklist: Revised (PCL:R)
From Dr. Smita Tyagi’s Psychological Report:
Mr. Chidiya’s total score on the PCL-R fell in the 9th percentile in a reference group of forensic psychiatric males placing him in a Low range for presence of psychopathic traits. His score on Factor 1 (Affective-Interpersonal) fell on the 17th percentile while his score on Factor 2 (Antisocial/Lifestyle) placed on the 15th percentile.
Historical Clinical Risk Management – 20, Version 3 (HCR-20, V3)
Historical (H) risk items that are Present and of High Relevance include a history of problems with violence, substance use, major mental disorder, and treatment or supervision response. Historical items that are Present and of Medium Relevance include issues with employment. Historical items that are Partially Present and of Medium Relevance include traumatic experiences.
Clinical (C) risk items that are Partially Present and of High Relevance include recent problems with insight. There have been no recent problems with violent ideation, instability, symptoms of a major mental disorder or treatment / supervision response.
Risk Management (R) Items
Risk (R) Management items that would be Partially Present and Highly Relevant include future problems with professional services and plans, treatment or supervision response. Risk Management items deemed partially present of moderate relevance include stress or coping.
If Mr. Chidiya were subject to a conditional discharge, his risk of future violence is Moderate. His risk of imminent violence is Low. Without the oversight of the ORB and external controls, his risk of future violence would be High.
Structured Assessment of Protective Factors (SAPROF)
Strengths
Mr. Chidiya has had a stable year in terms of mental status
He continues to search for employment
Mr. Chidiya has the support of his family members
Mr. Chidiya has abstained from any kind of substance abuse
Mr. Chidiya has maintained compliance with medication since his discharge to the community
He has maintained his apartment independently and maintains ADLs
Challenges
Mr. Chidiya is not very open to discussion around details of his mental illness and its relationship to the index offence
To continue to monitor change in mental status.
To continue with random UDS
To continue intensive case management.
To continue community visits and liaise with caregivers or other service providers in the community.
To continue to monitor substance use/abuse and provide intervention as needed
To encourage increased participation in recreational and vocational activities
Re-offence Scenario
In risk assessment, one of the best predictors of future violence is a patient’s history of violence. If Mr. Chidiya were to reoffend, it would likely be in the context of medication non-compliance and subsequent psychotic decompensation, as well as psychotic symptoms exacerbated by substance use. In the absence of external monitoring, he will likely disengage with services, use substances and become non-compliant with medication, whichwill increase his risk of relapsing into a psychotic episode, similar to his mental state at the time of the index offence.
Diagnosis
Schizophrenia
Schizophrenia is a major mental illness that tends to have its onset in the second or third decade of life. Once extant, schizophrenia is a lifelong illness. An individual suffering from schizophrenia suffers from symptoms of psychosis. Psychosis is generally defined as the presence of delusions, hallucinations, grossly disorganized thought and behaviour, or some combination of these. After a prolonged untreated or treatment refractory illness, many individuals will also experience social and occupational decline, as well as a diminution of their motivation and self-care. The mainstay of treatment for schizophrenia is antipsychotic medication. This tends to ameliorate or ablate, the more florid symptoms of psychosis in more than 80% of individuals. Once this medication has had the opportunity to achieve its effect, then multidisciplinary psychosocial rehabilitation is generally instituted to treat the other, afore noted, residual symptoms of schizophrenia. The course of illness may be adversely affected by psychosocial stress, an unstructured living situation, alcohol or drug use, and non-compliance with pharmacological treatment. Mr. Chidiya was first diagnosed with Schizophrenia in 2019. Prior to that he experienced a prodromal period (social isolation, decline in academic performance, bizarre behaviour) during his adolescent years. Mr. Chidiya was hospitalized twice prior to the index offence in 2019 and 2020 for bizarre behaviour. When unwell, he has experienced auditory hallucinations, paranoid delusions, disorganized behaviour, and negative symptoms.
Composite Assessment of Risk
Given Mr. Chidiya’s history of mental illness, previous violence while unwell, and risk assessment scores, he continues to meet the threshold for significant threat as defined in Section 672.5401 of the Criminal Code.
[15]. The issue of necessary and appropriate disposition is addressed at pp. 24-25 of the Hospital Report and the relevant portions have been excerpted and set out below:
Risk Management
a. Medication
Mr. Chidiya should continue to take his prescribed antipsychotic medication. When non-compliant with medication, he will likely display symptoms of his illness, including auditory hallucinations, persecutory delusions, and disorganized and violent behaviours. He has demonstrated some superficial insight into his need for treatment and to follow the advice of his clinical care team. He has plans to continue his medication in the current controlled setting but will be undergoing a change to a longer acting depot.
b. Psycho-education / Programming
Mr. Chidiya has shown active participation in programming targeting his mental health, substance use and coping skills. Further psychological counselling and participation in prosocial activities will be important for his community reintegration.
c. Psychosocial Intervention
Mr. Chidiya has few personal supports outside of his mother and brother. He began to socially isolate himself in middle school. Mr. Chidiya’s mother has remained in contact with him and has dropped off personal items for him. Mr. Chidiya would benefit from making more prosocial connections to help him reintegrate into society.
[16]. The recommendation of the treatment team is set out at the conclusion of the Hospital Report:
A Risk & Recovery Planning Conference was held to discuss Mr. Chidiya’s disposition. The team was of the unanimous opinion that the necessary and appropriate, least onerous and restrictive, disposition is a conditional discharge with residence specified.
Mr. Chidiya has done well in the community since April 2024. Mr. Chidiya has been compliant with medication, engaged in programming and has shown interest in developing coping mechanisms going forward. The team will continue to observe Mr. Chidiya’s mental status, bolster his coping strategies and insight, and engage him in programming as part of his community reintegration.
Evidence of Dr. Darby
[17]. Dr. Darby began his oral testimony by emphasizing that Mr. Chidiya had another good year in the community. He had made efforts to find employment and to upgrade his education, which are high on the list of treatment goals that Mr. Chidiya’s team both encourage and support. He had done well at (his community accommodation) LOFT, where he “gets along well…”
[18]. Dr. Darby then reiterated the unanimous opinion of the treatment team that a Conditional Discharge was now adequate to manage Mr. Chidiya’s risk, adding that the Mental Health Act was sufficient in the event of a decompensation.
[19]. In response to questions from counsel for the Attorney General, Dr. Darby stated that “we are good” with the oral medication Mr. Chidiya is taking. He has been receiving 24/7 supervision and firm support, and in pursuit of his employment and education goals Mr. Chidiya has dealt with his failures “realistically”.
[20]. In response to a question from counsel for Mr. Chidiya suggesting that the change in his medication was due to the “diabetes risk,” Dr. Darby explained that all antipsychotic medication has a metabolic effect.
[21]. Dr. Darby stated that Mr. Chidiya’s insight into his mental illness had improved steadily and that he has acknowledged his need for the medication.
[22]. Asked if Mr. Chidiya is remorseful (regarding the index offence) Dr. Darby reiterated that Mr. Chidiya has difficulty talking about it, that it was traumatizing, but that he acknowledges the harm he caused.
Final Submissions
[23]. Dr. Darby and counsel for both the Attorney General and Mr. Chidiya reiterated their positions at the outset of the hearing and agreed that this was a joint submission (for a conditional discharge) and that there were no issues they wished to raise with the panel.
Analysis and Conclusion
Significant Threat
[24]. Notwithstanding that the parties presented a joint position with respect to significant threat, the Board must make an independent finding that Mr. Chidiya continues to represent a significant threat to the safety of the public as defined in the Criminal Code and the Supreme Court of Canada decision in Winko.
[25]. Mr. Chidiya suffers from a major mental illness, schizophrenia, which is a lifelong illness. His psychotic symptoms are what led to the very serious index offence. He has had substance use issues in the past. The evidence establishes that in the absence of external monitoring, he will likely disengage with services, use substances 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.
[26]. Upon due consideration of the totality of evidence concerning Mr. Chidiya’s history of mental illness, his previous violence while unwell, his previous substance use, his risk assessment scores, and the opinion of his treatment team who are most familiar with him, we are satisfied and so find that he continues to meet the threshold for significant threat as defined in Section 672.5401 of the Criminal Code.
Necessary and Appropriate Disposition
[27]. While Mr. Chidiya has a history of noncompliance with medication with subsequent psychotic decompensation as well as psychotic symptoms exacerbated by substance use, he has done well since his discharge into the community in December 2023.
[28]. Mr. Chidiya has been adherent with medication, engaged in programming and shown interest in developing coping mechanisms going forward.
[29]. Specifically, Mr. Chidiya has actively participated in programming that specifically targets his mental health, substance use, and coping skills.
[30]. His insight into his illness has improved steadily.
[31]. Mr. Chidiya has been abstinent from substances over the reporting year.
[32]. It is no longer necessary that he reside in a high support residence where medication adherence as well as any change in his mental health is closely monitored. The Board accepts the evidence of Dr. Darby that a move to a residence in the community with a lower level of support is now appropriate and that the hospital no longer requires the ability to approve accommodation (albeit Mr. Chidiya continues to enjoy residing in Loft housing).
[33]. In summary, Mr. Chidiya has made much progress in pursuit of his treatment goals.
[34]. In the result, the Board finds that the necessary and appropriate, least restrictive and least onerous disposition is a conditional discharge as recommended by the Hospital.
DATED 19th day of March, 2026, at the City of Toronto, in the Toronto Region.
Hon. N. Kozloff Legal Member
Office of the Registrar Ontario Review Board