Ontario Review Board
Re: Adem Maya
ORB File No: 8222
Hearing held on: Thursday, March 26, 2026
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. R. Kunjukrishnan (via Zoom) Dr. S. Wiseman Ms. C. Murray Mr. A. Mete
Parties Appearing:
Accused: Adem Maya Counsel: Mr. S.F. Gehl
The Person in charge of Hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DISPOSITION
(Dated April 8, 2026)
Introduction
On January 25, 2023, Mr. Adem Maya was found not criminally responsible on account of mental disorder on charges of possession of weapon for dangerous purpose, failure to comply with undertaking (x2), utter a threat to cause death or bodily harm, assault with a weapon and aggravated assault, all contrary to the Criminal Code of Canada (the "Criminal Code"). Mr. Maya is currently subject to a Disposition of the Ontario Review Board (the "Board") dated March 20, 2025, detaining him at the Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London (“Southwest”), with privileges up to living in the communities of Elgin and Middlesex counties in accommodation approved by the person in charge.
On March 26, 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. Mr. Maya was in attendance and was represented by his counsel, Mr. Gehl.
Without Prejudice Position of the Parties
Ms. Zamprogna, Hospital Counsel, stated that Mr. Maya remains a significant threat and that a Detention Disposition with changes to subparagraphs 2(b), 2(d), 2(f) and 2((g) as set out at page 44 of the Hospital Report constitutes the necessary and appropriate disposition for the upcoming clinical year. That position was supported by both Ms. Dalrymple, for the Attorney General, and Mr. Gehl, on behalf of Mr. Maya. Mr. Gehl added that his client was not contesting the ongoing presence of significant threat.
Background and Index Offences
Mr. Maya’s personal, medical, psychiatric, and criminal offence histories are set out in detail in the Hospital Report. Briefly:
Mr. Maya was born in Khartoum, Sudan. His early childhood was marked by serious trauma. When he was six years old, his family and community were violently attacked, forcing them to flee to Ethiopia as refugees. At age ten, he moved to Canada to live with his uncle, who had five children of his own. His living conditions with his uncle were difficult. His uncle was sometimes verbally and physically abusive. Mr. Maya grew up without clear rules or structure at home. During these years, he was exposed to drug and alcohol use and often skipped school. He was eventually expelled from high school after a violent incident on school property.
Before the commission of the index offences Mr. Maya was living in supported and subsidized housing. There is no record of him ever having held paid employment.
Mr. Maya began using cannabis and alcohol in his early teenage years. He has also used crystal methamphetamine. He was using crystal methamphetamine at the time of the index offences.
Mr. Maya was first diagnosed with Schizophrenia when he was a teenager. These symptoms first appeared in 2008.
In October 2009, he received treatment for both psychosis and substance use at an adolescent program at the Grand River Hospital in Kitchener.
Mr. Maya did not always take his oral antipsychotic medication as prescribed and often avoided contact with his mental health team and psychiatrist.
Since 2012, he has been supported by several community mental health agencies to help him take his medication and maintain stable housing. Beginning in 2015, he worked with the Thresholds Homes and Supports ACT Team.
Mr. Maya's involvement with the justice system began when he was a youth. Between 2006 and 2018, his charges and convictions included:
Assault and weapons-related offences
Uttering threats (threatening someone with harm)
Mischief (causing damage to property)
Failing to appear in court or follow the conditions of probation or a recognizance (a formal promise to the court)
He has been subject to 10 different probation orders since he was a young person and has had ongoing difficulty following the terms of community supervision.
In a psychiatric assessment conducted by Dr. Roland Jones on October 11, 2022, a possible personality disorder was identified alongside the schizophrenia diagnosis.
The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“On Friday September 3, 2021, at approximately 7:00 am, Adem MAYA… went to the second floor and knocked at unit #X1, where Timothy LINDSAY resided. LINDSAY did not really know MAYA, and had only met him 5 or 6 days earlier when MAYA knocked on his door by accident, looking for another tenant. Mr. Maya returned to LINDSAY’s apartment a few more times, requesting spaghetti sauce or cigarettes. LINDSAY gave him spaghetti sauce the first time he attended, but after this occurred a few times, LINDSAY told MAYA that he was not a grocery store and that there was a food bank downstairs in the building. MAYA responded by swearing and calling LINDSAY names. LINDSAY told him not to come back to his door.
On September 3, 2021, Timothy LINDSAY, answered the door when MAYA knocked on it.
MAYA immediately began stabbing LINDSAY in his face, then in his arms, buttocks and abdomen. LINDSAY was stabbed a total of 6 times by MAYA. LINDSAY managed to go back into his apartment to get away from MAYA. LINDSAY was bleeding profusely from his wounds. After MAYA left, LINDSAY went downstairs to the office and asked the nighttime staff member for help. Staff called 911.
MAYA went to the 4th floor and began banging on the door of unit #X2, which was the residence of Melissa SHIN (BYRNE). MAYA yelled at BYRNE to come outside and yelled “I will kill you!.” BYRNE did not answer her door, but sent an email to one of the staff members in the building for assistance. MAYA left the building and walked out the front door, down E[…] St W, eastbound. Staff observed him leave and provided police with his description and direction of travel.
Sgt. MacINTYRE located MAYA walking near 300 E[…] St W in Waterloo. Sgt. MacINTYRE approached MAYA. MAYA had a knife in his hand. He advanced toward Sgt. MacINTYRE, still holding the knife. Sgt. MacINTYRE unholstered his firearm and demanded MAYA drop the knife and get onto the ground. MAYA refused to comply and continued to advance toward Sgt. MacINTYRE while holding the knife. Another officer arrived to assist, and Sgt. MacINTYRE deployed his CEW. MAYA dropped to the ground, then got up and began to run away toward McDougall Road. He was still holding the knife. Police chased him. MAYA threw the knife into a vacant lot near 11 McDougall Road and was arrested near 23 McDougall Road.
MAYA was advised of his Rights to Counsel and Caution. He was taken to Grand River Hospital as a precaution, but was released from hospital later that same morning and taken to Central Division.
While at Grand River Hospital, MAYA made various, unelicited utterances, including that he “freaked out this morning” because he could not sleep and that he believed the victim was racist. He did not elaborate on this belief. Once at Central Division, MAYA was interviewed by police. He told police he was tired because people were making noise all night and he missed his bedtime. He said that multiple people were “egging him on.” He claimed to hear people chatting about him every night, calling him names which was not fair because he was the only Black guy there.
LINDSAY was taken to Hamilton General Hospital for his injuries which included a stab wound to his left arm, a stab to his left buttocks, two stab wounds near his right eye and two stab wounds near his lower abdomen. He remained in hospital for 3 days. He required sutures to control the bleeding to the wounds on his face. The wounds in his abdomen, back, arm and buttocks were stapled. A CT scan of his head revealed a chip fracture to his maxillary sinus area. By November 26, 2021, LINDSAY’s injuries had healed and he did not require any further treatment.”
Current Diagnoses
Schizophrenia,
Substance Use Disorder (in remission, in a controlled environment),
Intellectual Disability.
Evidence at Hearing
Dr. Ardani gave evidence for the Hospital and adopted the contents of the Hospital Report dated 2026.01.15. Mr. Maya’s mental state has not changed very much since then. Mr. Maya sleeps poorly because he hears voices that annoy him. However, two days prior to this hearing, he stated that those voices have no root in reality. Typically, Mr. Maya will get up at night to ask staff if people are in danger within the hospital and then ask for PRN medication to help him get back to sleep. As a result, he is often late to rise. At present, it is considered overly stressful to review Mr. Maya’s previous traumas with him.
Dr. Ardani noted several medication dosage changes. Mr. Maya is now receiving 75 milligrams of Sertraline daily. This is prescribed for individuals with a history of trauma. He is also receiving 75 milligrams daily of methotrimeprazine as well as minerals and supplements. His psychotropic medications have not yet been optimized. Future adjustments will be necessary. Mr. Maya remains treatment compliant and treatment capable. Dr. Ardani agreed with the suggestion that Mr. Maya’s history of medication adherence in the community prior to the commission of the index offences was insufficient to resolve his symptoms.
At present, Mr. Maya has no unaccompanied access to the community. If he were to use substances there would be a rapid deterioration of his mental state. Mr. Maya appreciates that the use of substances is not a healthy behaviour. Mr. Maya is unable to participate in substance use programming due to his level of cognitive functioning which is impacted by schizophrenia and intellectual impairments.
Reference was made to pending charges at page 42 of the Hospital Report. Dr. Ardani confirmed that his patient represents a low risk to public safety on a Detention Disposition in hospital. Absent ongoing forensic supports and supervision, that risk level rises to moderate to high.
Mr. Maya is currently housed on the hospital’s forensic rehabilitation unit. This is partly because smoking is prohibited on the forensic treatment unit and the placement is intended to address his cravings for smoking. On the forensic rehabilitation unit, he could theoretically exercise community passes to smoke. However, his mental state is insufficiently stable to grant him this privilege level at present. Dr. Ardani advised that 10 days prior to this hearing, Mr. Maya agreed to use of nicotine patches.
A friend, Mr. Sila Joshua, who lives in Kitchener is in the process of becoming an approved person. This process is on hold pending the return of documents from Mr. Joshua. This is the reason for the request to increase the radius of passes.
Dr. Ardani agreed that Mr. Maya’s nicotine addiction increases his risk because he is prescribed clozapine. Fluvoxamine has been prescribed to minimize the detrimental impact of nicotine on the effectiveness of clozapine. No sexualized comments towards staff have been noted in the six weeks prior to this hearing. Dr. Ardani attributes this to the addition of fluvoxamine.
Responding to a question from a panelist, Dr. Ardani agreed that his patient is treatment resistant. Dr. Ardani added that he does not believe it is realistic for Mr. Maya to be able to attend an academic program that will enable him to become a coach. Developmental Services Ontario will not assess Mr. Maya for housing suitability until he is able to exercise indirectly supervised passes.
Reference was made to pending charges set out at page 7 of the Hospital Report. Ms. Dalrymple advised that those charges have now been withdrawn.
Closing Observations
Ms. Zamprogna noted that Mr. Maya remains in the early days of his rehabilitation. The plan is to optimize his medications and develop his insight. At present, this patient’s risk can only be managed on a detention disposition albeit with the changes recommended.
(a) Significant Threat
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.
In determining whether Mr. Maya 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.
The Board unanimously finds that Mr. Maya continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Ardani that Mr. Maya continues to pose a significant threat. The Board also relies on the Hospital Report and more specifically the Re-Offence Scenario set out at page 42 and reproduced below for ease of reference:
Mr. Maya continues to experience symptoms of his mental illness. Considering his limited intellectual capacity, absent forensic supervision, he would not be able to arrange for taking his medications appropriately. He would smoke, which would impact the therapeutic level of his medications. Falling away from the current treatment, he would eventually decompensate. He would have no adequate housing in place or professional services, compounding his environmental stress. He has not developed sufficient coping strategies to cope with the stress he is regularly experiencing and would likely use substances to cope. This would increase the intensity of the present symptoms, he would identify people in proximity as threatening, he would act impulsively, and thus the risk to re-offend would increase significantly. He would be engaged in violent behaviours, similar to those presented at the time of the index offences.
The Board therefore accepts that absent an ORB Disposition, Mr. Maya would likely become non-compliant with prescribed medications which would lead to decompensation, the use of nicotine which would impair the effectiveness of prescribed clozapine and precipitate 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 Mr. Maya will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.
(b) Disposition
Flowing from the Board’s finding that Mr. Maya 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. Maya’s needs pursuant to s. 672.54 of the Criminal Code.
The necessary and appropriate disposition for Mr. Maya provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.
One of the jointly recommended changes to Mr. Maya’s existing disposition foresees the possibility of him exercising indirectly supervised passes into Southwestern Ontario to visit a friend who is currently applying to become an approved person. The Board is confident that this privilege will only be accorded when necessary safeguards and oversight are in place.
In considering Mr. Maya needs, the Board was attentive to the absence of sexualized comments in the weeks preceding this hearing and that Dr. Ardani attributes this behavioural improvement to the addition of fluvoxamine. The panel is optimistic that the 2026-2027 will see further improvements in the stability of Mr. Maya’s mental state, rehabilitation and community reintegration.
Conclusion
Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Maya poses to the safety of the public while still meeting his needs, remains a Detention Disposition.
In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Ardani 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. Maya’s mental condition, his reintegration into society and other needs.
DATED this 8th 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