Ontario Review Board
Re: Mr. A. (A.)
ORB File No: 8001
Hearing held on: Monday, February 23, 2026
Place of Hearing: Royal Ottawa Mental Health Centre
Pursuant to: Sections 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein
Members: Dr. R. Kunjukrishnan Dr. G. Boulais Mr. P. Hageraats Mr. R. Rainboth
Parties Appearing:
Accused: Mr. A. (A.) Counsel: Mr. M. Davies
Person in charge of hospital: Representative Dr. J. Gojer
Attorney-General of Ontario: Counsel: Mr. J. Wright’
*Pursuant to s. 672.501(1) of the Criminal Code, the Ontario Review Board prohibits the publication, broadcasting, or other transmission of any information that could identify a victim in this matter or a witness who is under 18 years of age.
REASONS FOR DISPOSITION
(Dated March 30, 2026)
Introduction
[1]. On December 22, 2021, Mr. Mr. A. (A.) was tried under The Criminal Code of Canada on charges on charges of sexual assault (x2), attempt to commit sexual assault and obstruct peace officer. Based on expert psychiatric evidence presented, the Court found that Mr. A. (A.) was not criminally responsible on account of mental disorder (“NCR”).
[2]. Mr. A. (A.) is currently subject to a Disposition of the Ontario Review Board (“ORB” or “the Board”) dated March 4, 2025, discharging him subject to certain conditions. Mr. A. (A.) is required to reside at a supportive group home in Ottawa, Wymering Manor, situated not far from the Royal Ottawa Mental Health Centre (“ROMHC” or “the hospital”).
[3]. Mr. A. (A.) must abstain from substances and provide monitoring samples of urine and/or breath to detect his possible consumption of alcohol or drugs. He is prohibited from contact or communication with the two named victims of the index offences. On his consent, he was ordered to take medication prescribed for him by the hospital treatment team.
[4]. On Monday, February 23, 2026, the Board convened at the ROMHC to conduct an annual review. Mr. A. (A.) appeared in person. He was represented by counsel, Mr. Michael Davies. Also present was a member of the treatment team, Ms. Nancy Shore, vocational rehabilitation worker.
[5]. At the hearing, evidence was received in the form of an updated hospital report dated January 25, 2026, together with the direct testimony of Mr. A. (A.)’s attending forensic psychiatrist, Dr. Julian Gojer.
[6]. The issues to be considered by the Board are whether Mr. A. (A.) presents a significant threat to the safety of the public, and, if so, to determine the necessary and appropriate disposition.
Positions of the Parties
[7]. All three parties advised that Mr. A. (A.) no longer represents a significant threat to the safety of the public as that term is defined in the Criminal Code and understood by the Supreme Court of Canada.
[8]. As was explained in the Winko decision, the NCR-accused is not required to satisfy the Board that he or she does not present a significant threat. Rather, for the Board to make such a finding, the Board must determine, based on actual evidence, that a threat remains and that it rises to the level of presenting a serious risk of serious criminal conduct that will cause significant harm, whether physical or psychological, to others in the community.
[9]. For the reasons set out below, the Board is satisfied that Mr. A. (A.) no longer presents a significant threat. He was granted a discharge and is no longer subject to conditions.
Current Psychiatric Diagnoses
- Schizophrenia
[10]. Mr. A. (A.) is treated with psychiatric medications:
a) Clozapine 225 mg po hs
b) Trinza 525 mg q 12 weeks IM
c) Atropine drops sl 3 drops hs
Index Offences
[11]. The circumstances are described in the hospital report and last year’s Reasons for Disposition dated April 9, 2025. In summary:
On December 25, 2020, the first victim and her boyfriend reported to police that A. (A.) followed them and came up to the female victim from behind and grabbed her buttocks. A short time later, the second female victim was walking when she heard the sound of someone heavily breathing behind her and A. (A.) grabbed her buttocks. He then ran toward another female attempting to do the same, however the second female victim yelled out to her to run away. While the officer was attempting to verify his identity, A. (A.) reached out and lunged toward the female officer in an attempt to touch her buttock area. Mr. A. (A.) was arrested and charged accordingly.
Personal Background
[12]. Mr. A. (A.) is 30. He was born in Canada after his family arrived in 1991 from Kenya. He has four older siblings. Mr. A. (A.) stayed in Canada until Grade 6 when his mother returned with him to the family home in Nairobi. He has spent most of his life living with his mother or extended family members.
[13]. When Mr. A. (A.) and his mother later returned to Canada, he became aggressive and paranoid. A sister reported that their mother could no longer care for him. With the family unable to cope, Mr. A. (A.) was sent to live in a shelter.
[14]. At the time of the index offences in 2020, he was homeless. Mr. A. (A.) has not shown any signs of using recreational drugs. He reports that he has never taken drugs or tasted alcohol.
[15]. In July 2019, as documented by Ottawa Hospital medical records, Mr. A. (A.) began feeling suspicious that family members were putting substances into his tea and food, because he felt “high”, despite abstinence from drugs. He also believed that family members were tampering with his belongings.
[16]. There is some information showing that, while in Nairobi, Mr. A. (A.) had been admitted to a psychiatric unit.
[17]. On March 17, 2021, a psychiatrist at the Ottawa Hospital assessed Mr. A. (A.). Mr. A. (A.) was disorganized although he reported feeling elated. When Dr. Selaman assessed him at the Ottawa-Carleton Detention Centre on March 18, 2021, Mr. A. (A.) was described as catatonic and incoherent.
[18]. Mr. A. (A.)’s capacity to consent to treatment fluctuates. In the past, he has been found incapable of consenting to treatment. His sister has acted as the substitute decision-maker.
[19]. Mr. A. (A.) can manage his finances independently. He currently receives funds from the Ontario Disability Support Program.
[20]. At the time of last year’s annual ORB hearing held on February 5, 2024, Mr. A. (A.) remained on inpatient status at the ROMHC. In testimony before the Board, Dr. Gojer advised that Mr. A. (A.) did not relate well to Dr. Selaman. At Mr. A. (A.)’s request, Dr. Gojer assumed his care on February 10, 2023.
[21]. In June 2023 and following an earlier suboptimal response to antipsychotic medications, Dr. Gojer began treatment with Clozapine. Mr. A. (A.)’s mental condition showed improvement, although there were side effects. These included over-production of saliva, some restlessness, and daytime drowsiness.
[22]. The reporting year ending in February 2024 saw Mr. A. (A.) do well. He exercised hospital passes allowing him to go into the community. He had no behavioural issues and got along well with the treatment team staff.
[23]. Mr. A. (A.) continued on inpatient status until April 18, 2024, when he was discharged to his present residence close to the hospital, the Wymering Group Home. Residence staff are present 24 hours daily, to provide monitoring.
[24]. Throughout his time under the Review Board’s jurisdiction, Mr. A. (A.) has not presented any issues in terms of substance use, much less addiction. In this regard, he distinguishes himself from other more concerning patients.
[25]. Mr. A. (A.) received counselling assistance during his transition to community living at Wymering. He still struggles with negative symptoms of Schizophrenia. Medication side effects have also been a concern. To address this, Dr. Gojer reduced the clozapine dose to the present level of 225 mg.
[26]. Mr. A. (A.) has remained faithful in compliance with taking medication and attending for medically required blood tests. He also complies faithfully with the need to come to the hospital where he receives the injection of long-acting Trinza medication.
[27]. Mr. A. (A.)’s insight into his mental illness has consistently been described as limited. That said, he acknowledges having benefitted from his adherence to medication which saw him progress through the forensic system. At the Wymering Residence, staff assist Mr. A. (A.) with reminders to take his pills.
[28]. In the Board’s last Reasons for Disposition, dated April 9, 2025, it was noted that Mr. A. (A.) had greatly improved through the latter half of 2023. The Board commented that his continued wellness and stability would depend on continued compliance with the prescribed Clozapine regime, managing side effects, ongoing psychoeducation, and further socialization in the community.
[29]. Since coming to the Wymering residence in April 2024, Mr. A. (A.) has not required any further hospitalization, nor has he displayed any behavioural issues. At the group home, he keeps to himself and tends to sleep a lot. He is described as passively compliant with treatment. He has not shown any aggression or violence nor any inappropriate sexual behaviours since late 2020, when the index offences arose.
[30]. Occupational therapy and vocational rehabilitation services have helped Mr. A. (A.). Separate assessments were made for last year’s annual review. It was noted that Mr. A. (A.) continued to have various challenges in his ability to navigate independently in the community and to attend to certain activities of daily living. That said, Mr. A. (A.) was described as having made significant progress following his return to the community. He remained very pleasant to deal with and is respectful and gentle in his approach.
[31]. At times, Mr. A. (A.) will express certain grandiose delusions. For example, he has said he will be receiving millions of dollars for inventions he came up with. When asked about this, he cannot really explain any details.
[32]. At last year’s annual review hearing, held on February 13, 2025, Dr. Gojer assessed Mr. A. (A.)’s risk to be low - provided he remains under treatment with Clozapine. Oral antipsychotic medication was being supplied by group home staff who directly supervised Mr. A. (A.)’s compliance. Dr. Gojer believed that a “loosening of the warrant” was called for. He recommended that the then-existing detention order be converted to a conditional discharge, which the Board saw fit to grant.
Course in Treatment, February 2025 to February 2026
[33]. Mr. A. (A.) has had another good year. He has not shown any active symptoms of Schizophrenia. On his now reduced dosage of Clozapine, Mr. A. (A.)’s condition remains settled. Still living at Wymering Manor, he likes his residence and relates well to fellow residents and staff. Mr. A. (A.) keeps up his regular appointments at the hospital. He also meets with the Canadian Mental Health Association (CMHA) case manager once a week to once every two weeks and is courteous and respectful to her.
[34]. Taking his medication regularly, and while asking for reductions in his dose because of side effects, Mr. A. (A.) has settled well on the current dose, with no worsening of his illness. There has been a significant reduction in the side effects of excess salivation and drowsiness.
[35]. Currently, Mr. A. (A.)’s predominant problems are said to be negative symptoms of Schizophrenia, notably, flat affect and cognitive slowing. He has good insight into the fact that positive symptoms led to his past offending. His awareness about this helps to promote future compliance with treatment.
[36]. At p. 33 of the hospital report, Dr. Gojer wrote the following regarding current risk:
Prognosis
Mr. A. (A.) does not suffer from a paraphilia. His offending was related to active psychotic symptoms. His symptoms have been well managed now for about 3 years. He has insight into his illness and is compliant with the treatment offered. He lives a quiet life meeting with friends, socializing, participating in Bakeology and visiting his sister when she is available.
Mr. A. (A.) indicates that he will continue to take his medication as prescribed. He intends to follow up as an outpatient with me. He intends to remain at Wymering Manor.
His illness that was untreated was responsible for his offending. At this time, the illness is in relatively good control. He is insightful, is compliant with medication, is managed by myself and a CMHA worker, and intends to keep his appointments with the hospital. He does not have any ongoing history of substance abuse, is a passive young man, and has no prior or ongoing problems related to personality variables. Given that this trajectory is expected to persist in the future, I see him as a low risk to reoffend. At this time, I do not see him as a significant risk.
Evidence at the Hearing
[37]. The Board also received direct testimony from the attending forensic psychiatrist, Dr. Julian Gojer. As the author of the hospital report, he confirmed its contents before responding to questions.
[38]. According to Dr. Gojer, Mr. A. (A.) continues to do well. He is pleasant and relates positively to co-residents and staff at the group home. He continues to attend the hospital, including at the Bakeology Program, although not without a certain level of demotivation. Dr. Gojer feels this is attributable to the negative symptoms of Mr. A. (A.)’s Schizophrenia. Mr. A. (A.) leads a quiet life. He is a “risk-averse person”. Since he began the Clozapine regime, his condition has shown a dramatic response, with his delusions clearing up.
[39]. Dr. Gojer answered questions posed by Mr. Wright, counsel for the Attorney General:
a) He will continue working with Mr. A. (A.) even if an absolute discharge is granted.
b) Mr. A. (A.) will still be offered the opportunity to work in the Bakeology Program. If his participation falls off significantly, the hospital will look at offering something else in terms of vocational and recreational involvement.
c) Mr. A. (A.) can continue to live at the Wymering group home. No changes in his living status are anticipated.
[40]. Dr. Gojer answered a few questions posed by Mr. Davies on behalf of his client:
a) Mr. A. (A.) receives family and community support, including from his religious community at the Mosque.
b) There is no deadline which would affect the hospital or Dr. Gojer’s continued involvement working with Mr. A. (A.). The CMHA worker’s involvement will also continue.
c) Mr. A. (A.) presents no problem at all in terms of drug or alcohol use. He has no real history of substance use disorder and no real history of personality disorder.
d) Dr. Gojer stated, medically-speaking, “… I can’t get him any better than he is.” Mr. A. (A.)’s compliance with oral Clozapine and attendance for blood tests continues.
e) Mr. A. (A.) is presently capable of consenting to his own treatment. Dr. Gojer believes that Mr. A. (A.) will voluntarily come to the hospital should the need arise.
[41]. Dr. Gojer answered questions from members of the panel:
a) Since the last adjustment to the Clozapine dose, Mr. A. (A.) has not raised any issue about side effects. Mr. A. (A.) is hoping that Clozapine will remain an important factor in his life to help him remain in the community.
b) Mr. A. (A.) receives added family support from an aunt in the community.
Submissions of the Parties
[42]. Speaking as the hospital representative, Dr. Gojer advised that Mr. A. (A.) no longer meets the threshold of significant risk. Dr. Gojer agreed with counsel for Mr. A. (A.) that Mr. A. (A.) has never missed an appointment. He has always been on time. The current feature of his illness has to do with the negative symptoms of Schizophrenia.
[43]. Both counsel for the Attorney-General and for Mr. A. (A.) confirmed their joint submission to recommend an absolute discharge. Mr. A. (A.) was encouraged to continue working with the treatment team. Mr. Wright complimented him, adding that Mr. A. (A.) deserves praise and encouragement for his collaboration.
[44]. Mr. Davies submitted that, based on the solid treatment plan and community placement foundation which are in place, and considering Mr. A. (A.)’s good relationship with the Doctor and treatment team, the issue of threat is no longer a concern.
Conclusions and Disposition
[45]. Based on the evidence, and supported by the joint submission, the Board finds that Mr. Mr. A. (A.) no longer presents a threat to the safety of the public.
[46]. Mr. A. (A.) leads a quiet life in a suitably supportive residence where his continued stability is assured. He displays no behavioural issues. He has never indulged in, much less abused, any substances. He does not present with any form of oppositional or defiant-based personality disorder.
[47]. Since coming into forensic psychiatric care, as mandated by the Court in late 2021, and since then under the ORB, Mr. A. (A.) has shown no inclination to repeat any form of offending conduct, much less anything resembling the index offences of December 2020.
[48]. The index offences were sexual in nature and serious. However, they were entirely driven by schizophrenia-based psychosis. This is to be distinguished from the more common forms of predatory sexual offending where victims are deliberately targeted for abuse.
[49]. Mr. A. (A.)’s positive symptoms of mental illness, i.e. psychosis, have now remitted following a successful course of treatment with medication. Mr. A. (A.) continues to demonstrate his intention and ability to remain under the same regime of treatment. Over the past years, he and the hospital have established a meaningful therapeutic alliance which, we have good reason to assume, will continue indefinitely.
[50]. For these reasons, the Board finds that the evidence falls short of establishing that Mr. A. (A.) continues to present a significant risk of causing serious harm, criminal in nature, to members of the public. He is discharged without the need for any further formal conditions under The Criminal Code of Canada.
[51]. We thank the parties and counsel for their assistance.
DATED this 30th day of March 2026, at the City of Toronto, in the Toronto Region.
Mr. P. Hageraats Alternate Chairperson
Office of the Registrar Ontario Review Board