Re: Mohamed Elasar
ORB File No: 8199
Hearing held on: Tuesday, February 17, 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: Dr. P. Prendergast Dr. M. Mamak Hon. B. Allen Mr. T. Wall
Parties Appearing: Accused: Mohamed Elasar Counsel: Ms. M. Murphy The person in charge of hospital: Counsel: Ms. M. Warner Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated April 2, 2026)
Introduction
1On October 26, 2022, Mr. Mohamed Elasar was found not criminally responsible on account of mental disorder on charges of assault causing bodily harm, and fail to comply with a probation order (x2), contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Elasar is currently subject to a Disposition of the Ontario Review Board (the "Board") dated February 27, 2025, detaining him at Centre for Addiction and Mental Health, Toronto (“CAMH”), with privileges up to living in the community of the Greater Toronto Area in supervised accommodation approved by the person in charge.
2On February 17, 2026, a panel of the Ontario Review Board (the "ORB" or the "Board") convened a hearing pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Elasar was in attendance and was represented by his counsel, Ms. Murphy.
Without Prejudice Position of the Parties
3Ms. Warner indicated that a continuation of the existing Detention Disposition was recommended together with the addition of travel passes to St. Catharines with an approved person for up to seven days subject to approval of the person in charge.
4Mr. Brandes, on behalf of the Attorney General, joined in the Hospital’s recommendation.
5Ms. Murphy, for Mr. Elasar, stated that an Absolute Discharge was requested. In the alternative, Mr. Elasar would agree to the Hospital’s proposed recommendation.
Background and Index Offences
6Mr. Elasar's full mental health history, details of his psychiatric condition and the treatment he has received since being found Not Criminally Responsible (“NCR”) in 2022 are set out in the Hospital Report. The following is a brief summary:
7Mr. Elasar is 36 years old, single, and has no dependants. He was born in Gaza, Palestine and came to Canada at age 16. He left high school in either 2005 or 2006 and worked as a barber full time until around 2009. At the time of the offences that led to his NCR finding, he was living alone in an apartment in Scarborough, Ontario and receiving financial support through the Ontario Disability Support Program (“ODSP”).
8Mr. Elasar has a lengthy criminal history. His first recorded conviction was for assault in October 2012. After that, he accumulated additional convictions for a range of offences, including uttering threats, criminal harassment, failing to comply with court orders, possession of property obtained by crime, harassing communications, committing an indecent act, and being unlawfully at large. He was ultimately found NCR in 2022.
9The circumstances of the index offence are taken from last year’s Reasons for Disposition as follows:
“THE OFFENCE: At the time of this offence on July 1, 2021, Mr. ELASAR and the complainant, RS, were residing in the same building at K[…] Rd., Toronto. Mr. ELASAR and Ms. S are not well known to each other. Ms. S advised police that she was aware of the accused from living in and seeing him in the building, and that she would sometimes give him spare change or cigarettes. On July 1st, 2021, at approximately 5:30 AM, Ms. SALIM exited K[…] Rd in her wheelchair to have a cigarette in front of the building. Mr. ELASAR was observed on surveillance video getting into the elevator of the building and travelling down to the lobby. While in the elevator, and upon his exit, a long, thin item, later discovered to be a screwdriver, is seen in his hand. Mr. ELASAR’s distinctive face tattoo can be seen on parts of this surveillance video.
Appendix A: Elevator Video Clip Video from inside the lobby, with a partial view of the outside front of the building, shows the complainant sitting outside (her legs and the front of her wheelchair are visible). The accused approached the complainant, without prompt or invitation, and said “why you do this, you did this.” He then kicked the complainant and her wheelchair. He produced a screwdriver from on his person and stabbed the complainant in the shoulder area and arm multiple times with the screwdriver.
Appendix B: Lobby Video Clip The complainant was able to move away from the accused in her wheelchair and police were called. The accused fled toward the street through the parking lot of the building. He is seen on surveillance video pacing back and forth continuously between the sidewalk in front of the building, and the parking lot. Another witness, Randy CHICOINE, who was approaching the building and walking through the parking lot at the same time as the accused, observed the accused pacing around in an erratic manner. He also observed the accused holding a long, metal object consistent with a screwdriver or antenna. Police arrived on scene at the building, as the accused was still pacing back and forth. Video surveillance shows that, following refusals by the accused to submit to arrest, it took several officers to take physical control of the accused. Leg restraints were required to effect the arrest. Police then placed Mr. Elasar into the back of a scout car. Arresting officers made observations of Mr. ELASAR’s demeanour at the time of the arrest. PC McKinnon #10122 noted that Mr. ELASAR was rambling, was not making any sense, appeared to be emotionally disturbed and that he was at one point ELASAR, M. 12 yelling incoherently. Police searched the area incident to arrest and, in the location the accused was apprehended, located the screwdriver used during the assault.”
Current Diagnoses
- Schizophrenia
- Cannabis Use Disorder
Evidence at Hearing
10Dr. Benassi testified on behalf of the hospital. He stated that in the last two weeks, his patient’s mental state has fluctuated and that he has been unwilling to participate in groups. Dr. Benassi advised that his patient advised co-patients that if he did not receive an absolute discharge subsequent to this hearing, he would run away. Mr. Elasar denied those comments in the hours prior to this hearing.
11Mr. Elasar is marginally capable of consenting to treatment. He complies with his medication regimen, and his medications are currently optimized. Nevertheless, he still experiences fluctuations in his mental state. At times Mr. Elasar will make more impulsive decisions, such as his substance use in July of 2025. Mr. Elasar minimizes the effects of cannabis use leading to the index offences. At times he will state it gives him a slight buzz; at other times that cannabis did not play into the index offence.
12Dr. Benassi stated that there is no air of reality to an absolute discharge for Mr. Elasar at the present time. This is because his mental condition is fragile; he requires monitoring of his medications; he remains susceptible to substance abuse, his housing needs to be approved, and the outpatient team needs to intervene expeditiously as needed.
13Mr. Elasar would like to return to his subsidised apartment for which he still pays rent. The concern is that the index offences occurred in that same building and Dr. Benassi presumes the victim still lives in that same apartment complex. Additionally, at that location, it would be difficult to manage his mental health absent oversight and challenging to monitor his substance use. Mr. Elasar requires supervised housing to mitigate the risk factors which cannot be addressed at that location. Further, he recently gave away his phone, making him hard to contact.
14Responding to questions from Mr. Brandes, Dr. Benassi stated that even if the victim of the index offences had moved, a return to that building would not be appropriate. Medication compliance and substance use monitoring require supportive housing.
15Mr. Elasar is frustrated by not being able to live in the community and is also challenged by the impulsivity that flows from his mental condition.
16Responding to questions from Ms. Murphy, Dr. Benassi stated that his patient wants to live in a private apartment because most supportive housing has a degree of shared common areas. Dr. Benassi testified that he has explained to Mr. Elasar that it is difficult to look for another apartment because he is holding on to his current subsidized independent housing lease. Mr. Elasar does not appreciate why he cannot return there.
17Mr. Elasar’s believes he will receive an absolute discharge following this hearing. Therefore, discharge planning is a moot point.
18The option to travel to St Catharines is recommended as his parents live there and they have been actively supportive of him. Mr. Elasar’s mother is applying to become an approved person and has good insight into her son’s mental health needs. His sister, who resides in Toronto, is also an approved person.
19Subsequent to Mr. Elasar’s last incident of substance use in July of 2025, he initially denied the event. Dr. Benassi stated that Mr. Elasar was completely delirious and disoriented at the time. The doctor added that it took several hours for Mr. Elasar’s sensorium to clear.
20By August of 2025 he admitted to having used cannabis the previous month and hiding the remaining joints on hospital grounds. There have been no positive findings since that time. Mr. Elazar now states he has no motivation or urge to use cannabis again.
21Dr. Benassi emphasised that substance use is but one of the risk factors attributable to his patient. External supervision, medication compliance and supervised housing are therefore key to Mr. Elasar’s progression. Dr. Benassi agreed that successful overnight passes would be helpful in demonstrating Mr. Elasar’s readiness for discharge and long-term reintegration into the community.
22Notwithstanding that Mr. Elasar’s medications are optimized, he continues to experience residual symptoms which are nonetheless manageable. Mr. Elasar has not been aggressive since coming under Dr. Benassi’s care in June of 2024. Dr Benassi correlates the reduction of violence to medication optimization and compliance.
23Dr. Benassi opined that Mr. Elasar would decompensate after some 48 hours if he missed his oral medications. Going forward, it is therefore important to develop a pass plan that considers what would occur if Mr. Elasar refused his prescribed oral medications.
24At present, Mr. Elasar is treated with two different antipsychotics. Dr. Benassi has discussed with him a trial of clozapine, but Mr. Elasar is uninterested due to the potential side effects and necessary blood work.
Closing Observations
25Ms. Warner submitted that Mr. Elasar’s risk factors remain present. There have been no significant gains vis-à-vis his insight surrounding commitment to medication or substance use. His risk has not diminished. The treatment team is therefore focused on Mr. Elasar’s reintegration to an appropriate community setting. Onsite supervision is needed to oversee medication compliance, abstinence from substances and activities of daily living.
26Mr. Brandes joined in the Hospital’s position, stating that significant threat is well established. Mr. Brandes added that a logical trajectory must be considered. That asking for an absolute discharge and in the alternative agreeing that a detention disposition is appropriate, is not representative of a logical progression. Therefore, consideration of an absolute discharge is premature.
27Ms. Murphy submitted that the availability of an absolute discharge is predicated on a lack of significant threat. To Mr. Elasar’s credit there have been some months of abstinence from substances and relatively quick restoration of high-level passes (level 7). Mr. Elasar has housing and if discharged would like to return there.
Analysis and Decision
(a) Significant Threat
28Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
29In determining whether Mr. Elasar continues to represent a significant threat to the safety of the public the Board carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
30The Board relied on the Hospital Report and more specifically the recitation of Mr. Elasar’s primary risk pathway, encapsulated at page 35 of the Hospital Report and reproduced below for ease of reference:
“If Mr. Elasar were to reoffend, it would most likely occur during periods of active symptoms, particularly if he were non-compliant with medication. While he has recently acknowledged benefits of his medication, he has also stated that stopping it would not be harmful if he avoided drugs, and could change the way he thinks without specifying whether this would be positive or negative. Under ORB supervision, recent compliance has been satisfactory, but without oversight (e.g., with an Absolute Discharge), his insight deficits could lead to discontinuation of medication and an increased risk of violence.”
31In arriving at this determination, the Board considered the position of the parties and ultimately accepted the uncontroverted evidence of Dr. Benassi that Mr. Elasar continues to pose a significant threat predicated upon:
- the fragility of his mental state
- ongoing susceptibility to substance abuse
which necessitates:
- monitoring of the ingestion of oral medications to ensure compliance
- that his housing to be approved
32The Board therefore unanimously finds that Mr. Elasar continues to pose a significant threat to the safety of the public and accepts that absent an ORB Disposition, Mr. Elasar would likely become non-compliant with prescribed medications which would lead to decompensation, the use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Elasar will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
33Flowing from the Board’s finding that Mr. Elasar continues to pose a significant threat to the safety of the public it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Elasar’s needs pursuant to s. 672.54 of the Criminal Code.
34The necessary and appropriate disposition for Mr. Elasar provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
35In considering Mr. Elasar needs, the Board was attentive to his desire to live independently. Regrettably, his need for supervised/supportive housing as previously addressed, currently precludes that possibility. Mr. Elasar requires ongoing oversight to enable ongoing abstinence from substances as well as medication compliance and optimization. The panel is nevertheless pleased to add the privilege of travel passes to St. Catherines, as earlier described, in these Reasons for Disposition.
36Although difficult to accept, it is important for Mr. Elasar to come to terms with the reality that he requires supervised accommodation to mitigate his risk and therefore will not be returning to the apartment where he resided independently immediately prior to the commission of the index offence. The panel therefore strongly encourages him, as has Dr. Benassi, to relinquish that lease in order to facilitate a suitable future community placement.
Conclusion
37Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Elasar poses to the safety of the public while still meeting his needs, is a Detention Disposition with privileges as set out under the Without Prejudice Position of the Parties heading of these Reasons.
38In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Benassi and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Elasar’s mental condition, his reintegration into society and other needs.
DATED this 2nd day of April, 2026, at the City of Toronto, in the Toronto Region.
Mr. P. Capelle Alternate Chairperson
Office of the Registrar Ontario Review Board```