Re Yohannes G. Beyene, 2026 CanLII 34250

Ontario Review Board

Re: Yohannes G. Beyene

ORB File No: 8832

Hearing held on: Thursday, February 12, 2026

Place of Hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.47(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. S. Lessard Dr. R. Cormier Mr. D. Sandor Ms. B. Naegele

Parties Appearing:

Accused: Yohannes G. Beyene Counsel: Ms. J. Ho

Person in charge of hospital: Representative Dr. J. Hwang

Attorney-General of Ontario: Counsel: Ms. E. Davies

REASONS FOR DISPOSITION

(Dated March 18, 2026)

Introduction

[1]. On July 21, 2025, the accused, Yohannes G. Beyene, was found not criminally responsible on account of mental disorder (“NCR”) on charges of assault/cause bodily harm, assault with weapon or imitation weapon, assault peace/public officer and carry/use or threaten to use a weapon or imitation weapon (x2), assault, harassment by repeated communication with person, uttering threats/death or bodily harm, mischief/damage property not exceeding $5000 (x3), mischief and fail to comply with release order/not fail to attend court, all contrary to the Criminal Code of Canada. At the time of the NCR finding, the Honourable Court did not make a disposition and referred the matter to the Ontario Review Board (“ORB”).

[2]. On February 12, 2026, the ORB convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct an initial hearing for Mr. Beyene pursuant to s. 672.47(1) of the Criminal Code. Mr. Beyene attended his hearing and was represented by his counsel, Ms. J. Ho.

[3]. The following documents were entered as Exhibits at the hearing:

1. Ottawa police Service – Charge Sheet
2. Clerk Package
3. Criminal Record
4. Accused Release Order dated July 21, 2025
5. Transcript dated July 21, 2025
6. NCR Report dated July 6, 2025
7. Hospital Report dated October 21, 2025

[4]. The issues for this hearing are whether Mr. Beyene represents a significant threat to the safety of the public, and if so, to determine the necessary and appropriate disposition to manage the risk for the coming year.

[5]. At the outset, the parties provided their preliminary without prejudice positions for the hearing at which time the Board was informed that, subject to the hearing of the evidence, a joint position would likely be presented, namely that Mr. Beyene represents a significant threat to the safety of the public and that a detention order, with community living in approved accommodation is the necessary and appropriate disposition. In closing submissions, this joint position was maintained.

[6]. For the reasons set out below, the Board finds that Mr. Beyene represents a significant threat to the safety of the public and that a detention order with permission to reside in the community in approved accommodation along with the other conditions, as listed at page 36 of the hospital report, is the necessary and appropriate, least onerous and least restrictive disposition in all of the circumstances.

Index Offences

[7]. The circumstances of the index offences have been extracted from the hospital report and are summarized as follows:

“November 14, 2023

Assault (one count)

According to the Crown brief synopsis, on November 14, 2023, Mr. Beyene assaulted P.D. at the Montfort Hospital when P.D. was serving patients medication at 7:32 p.m. Mr. Beyene was receiving medication and punched P.D. twice on the left side of his face with his right hand. P.D. did not retaliate and security separated Mr. Beyene from him. Mr. Beyene was arrested in the mental health unit of the Montfort Hospital and was released on an undertaking. He was provided a court date and served the undertaking, which he refused to sign. He was released back to the hospital and it was undetermined when he would be released.

July 25, 2024

Harassment by repeated communication with person (one count)

Mischief (one count)

According to the Crown brief synopsis, on July 1, 2024, Mr. Beyene attended the apartment of his neighbour Y.A., who lives above him at apartment 422. Without provocation, Mr. Beyene banged on the door of the victim, accusing him of selling drugs and saying that he would "kill him" if he did. When Y.A. refused to answer the door, Mr. Beyene continued to press him on whether he sold drugs and said that he would kill him if he did. Y.A. had never sold or engaged in any form of prohibited drug transactions that would have elicited this type of accusation. Mr. Beyene had threatened Y.A. on previous occasions, but the threats had recently increased in its tone and duration causing Y.A. to fear for his safety. Furthermore, Mr. Beyene would often yell at other neighbours, telling them that Y.A. was dealing drugs, which was false.

Mr. Beyene had left the apartment building for a period, returning on or around July 16, 2024, when without provocation, he continued to bang on Y.A.’s door, reiterating that he was a drug dealer within earshot and without any regard for other neighbours. The harassment had become so frequent that Y.A. was fearful for his wellbeing and often avoided his balcony and engaging with others.

On July 25, 2024, Mr. Beyene attended Y.A.‘s apartment at 6:30 a.m. When Y.A. refused to answer it, Mr. Beyene yelled that Y.A. was a drug dealer. One hour later, Mr. Beyene attended yet again, where he banged the door and yelled at Y.A.. When Mr. Beyene began swearing at Y.A.’s mother, Y.A. opened the door in order to confront him. Mr. Beyene reiterated that he believed he was a drug dealer. When Mr. Beyene was asked to leave him alone, Mr. Beyene stated that he had bipolar disorder and thus behaved in this manner.

Police officer statement by Constable Cooper (pages 14 to 16 out of 45)

Constable Cooper attended Mr. Beyene’s apartment on July 1, 2024, after receiving a call from Y.A. about Mr. Beyene making threats against him. The following is an excerpt that describes the interaction between Constable Cooper and Mr. Beyene:

I then conducted a door knock at the unit directly across from ALDANI's, unit 423. I knocked several times and did not receive any response. Officers then attended unit 322 where BEYENE is believed to reside. I conducted a door knock and heard a male voice through the door stating that there are human traffickers upstairs and he does not wish to speak to police. I asked the male as Yohan to open the door and he obliged. I was then greeted by BEYENE. BEYENE appeared to be quite excited and spoke about human traffickers and how he is no longer taking his medication. At 0810 hrs BEYENE was cautioned by police in relation to Criminal Harassment. BEYENE continued to speak with officers and indicated he has not been taking medication for years now however he does actively see a doctor. Officers informed BEYENE that there is nothing human trafficking related or drug related going on the 4th floor. Officers further warned BEYENE that he is not to attend the 4th floor anymore and specifically not to knock on unit 422 or speak with the tenants there. BEYENE stated that he understood and would not be attending any longer.

November 6, 2024

Uttering threats/death or bodily harm (one count)

Assault with weapon or imitation weapon (one count)

Assault/cause bodily harm (one count)

According to the Crown brief synopsis, on November 6, 2024, Mr. Beyene was travelling on the bus in Ottawa. At approximately 5:28 p.m., the victim, S.S. got off the same bus at the intersection of Meadowlands Drive and Hogan Street and was followed by Mr. Beyene. Mr. Beyene shouted at S.S. and threw a heavy black metal object at him. S.S. flinched and the object hit his left forearm underneath the elbow. Mr. Beyene continued to yell, pulled out a knife, and threatened to kill S.S. After seeing the knife, S.S. immediately disengaged, walked across the street, and called the police.

Police officer statement by Constable Naveed (pages 20 to 21 out of 57)

The following is an excerpt from the police officer statement where the victim describes his interaction with Mr. Beyene to Constable Naveed:

SCHULTZ stated that on today's date he was travelling in bus #86 near the front area; during the ride, he heard a male talking about giving marijuana to someone. SCHULTZ indicated that he was minding his own business and was playing a video game during the ride. At 1726HRS, SCHULTZ was getting off the bus #86 at Hogan St and Meadowlands Dr E, when he noticed the subject male talking about marijuana was directly behind him. SCHULTZ stated that as he was getting off the bus, the subject male shoved him from the back. As SCHULTZ turned around, the subject male threw a bulky heavy object at his left forearm. SCHULTZ stated that he felt a lot of pain as soon as he was struck by this object. I looked at SCHULTZ arm, and noticed a red spot approximately 3x3" in diameter.

SCHULTZ indicated that after throwing the object, the subject male pulled knife out of his front right pocket and yelled "so you want to record me nigger" and took a step towards SCHULTZ. He further indicated that as soon as he saw knife, he stepped onto the roadway to create distance and called 911 immediately. The subject male kept pacing back and forth and shouted "go ahead call the cops I'll fucking kill you'. SCHULTZ then walked further down on Hogan St to create more distance. SCHULTZ described the knife as a smaller 3-4" blade and black in colour. As SCHULTZ was walking away, he noticed the subject male remained across the street before taking towards the apartment complex North side of Meadowlands Dr.

November 7, 2024

Fail to comply with release order/not fta court (one count)

Assault peace/public officer and carry/use or threaten to use a weapon or imitation weapon (two counts)

Mischief/damage property not exceeding $5000 (three counts)

According to the Crown brief synopsis, on November 7, 2024, shortly after midnight, Mr. Beyene attended 322 Bakewell Crescent, Ottawa. This was the address for the home of Mr. Beyene’s family. Mr. Beyene himself did not reside there or was an expected guest at the home. Mr. Beyene rang the doorbell to the residence and yelled incomprehensibly at the door. The family members inside of the home heard and recognized Mr. Beyene’s voice as he yelled. When there was no answer, Mr. Beyene took it upon himself to smash one of the window panels of the front door before taking off on foot. Alenat Gidey, his sister, looked out the window after hearing the loud bang and witnessed Mr. Beyene walking by himself and away from the home. Alenat called 911 for police assistance.

Police arrived on the scene shortly after and observed the damage to the front door window panel, collected statements from members of the family, and formed grounds that Mr. Beyene could be arrested for mischief under $5000.00. The police officers searched the area for Mr. Beyene to arrest him. They found him walking near a roundabout. When the officer was about 15 feet away from Mr. Beyene, he yelled and gestured for her to roll down the window. Mr. Beyene took a large, heavy rock out of his sweater pocket and threw it toward the officer, striking the cruiser's driver-side door, creating a dent just underneath the window. Mr. Beyene collected the rock that he had thrown, placing it back into his pocket before continuing to walk away on foot. Other officers rolled down their window and advised Mr. Beyene that he was under arrest and to stop. Mr. Beyene took the large rock out of his sweater pocket and threw it toward the officer, striking the cruiser's passenger-side door, damaging the door and creating a dent. Officers exited their cruiser to place Mr. Beyene under arrest. Mr. Beyene continued to ignore verbal commands of the officers to lie on the ground and instead, removed his coat and squared up to the officers indicating that he was ready to fight. An officer deployed OC spray, which had no physical effect on Mr. Beyene; however, it did de-escalate his behaviour and allowed them to place him under arrest without further incident. During the search conducted after the arrest, an officer found and confiscated a black and tan flip-style knife from Mr. Beyene's sweatshirt pocket”.

Background History

[8]. Mr. Beyene’s personal, legal, and psychiatric history is set out in detail in the hospital report. Briefly summarized, Mr. Beyene is 37 years of age and was born in Sudan. His biological parents divorced when Mr. Beyene was an infant. He was told that his father abused his mother. Mr. Beyene never met his father. When he was one year old, his mother moved to Canada with him through sponsorship from an organization in Ethiopia. After one year, they moved to Ottawa. His mother met his stepfather when he was four years old. Mr. Beyene has three half-sisters.

[9]. Mr. Beyene said that his relationship with his family was distant. Since he was diagnosed with a mental illness at age 24, his family members stopped speaking to him.

[10]. Mr. Beyene was the only Black student in his elementary school and was often in fights due to the teasing. He received a suspension for striking another student with a lunch box. His best friend was a Vietnamese student, who was the only other visible minority at school. Otherwise, he described himself as a quiet student. At one time, he had been asked to attend an English as a Second Language class despite English being his first language.

[11]. He attended St. Nicholas Adult High School and graduated when he was 19 years old. He said that he made friends there that would “get into trouble.” For example, when he went to play basketball, he ended up smoking cannabis with his friends, who sold drugs. At age 21, he got involved in an incident where, while intoxicated from alcohol, he assaulted someone. He reportedly went to jail for assault causing bodily harm for four months. It was around this time he developed psychotic symptoms such as hearing god’s voice and talking to himself.

[12]. After he was released from jail, he worked at a call centre for a month. He quit work because he breached his release condition of curfew. He worked in security around 2020 for a year but stopped working due to the exacerbation of his mental illness.

Legal History

[13]. According to CPIC, Mr. Beyene was found guilty of one count of assault causing bodily harm, two counts of failure to comply with recognizance, and one count of obstructing a peace officer on October 25, 2010. He was sentenced to 130 days of jail time, twelve months of probation, and a discretionary prohibition order for three years.

Psychiatric History

[14]. Mr. Beyene described that he first noticed signs of mental illness when he was visiting Toronto for two days in his early twenties. He believed that the radio was telling him that his future was going to be successful. After returning from Toronto, he was sent to Edmonton by his family. He lived in a basement there while working for his cousin. At the work site, he walked away from his assignment because he believed that a ghost was calling him from Egypt. After returning to Ottawa, his family brought him to the Queensway Carleton Hospital, where he was hospitalized for two weeks for psychosis. He was prescribed olanzapine and risperidone, which caused significant weight gain.

[15]. A year later, around age 25, Mr. Beyene smoked cannabis due to stress from school and was admitted to the hospital for two weeks. His psychosis was then stable for five years, during which he received monthly injections of Invega Sustenna.

[16]. Around age 30, during the COVID-19 pandemic, he stopped taking his medications. He said, “I did not want to be thirty and be on medications for another decade.” His psychiatrist informed him that he had an 80 percent chance of a psychotic relapse. Once he stopped the antipsychotic medications, his energy improved, and he slept less.

[17]. Mr. Beyene eventually became homeless and was using cannabis. When he was 31 or 32 years of age, he was charged with mischief. He was showing signs of psychosis at OCDC and was transferred to CAMH because he was found unfit to stand trial. He had been rambling on about genocide and epidemics. He was given two Invega Sustenna injections at CAMH and returned to Ottawa. Upon release, he found an apartment and started to take medications. His weight increased again to 300 pounds after a year. He decided to stop the medications.

[18]. Mr. Beyene was hospitalized at the Montfort Hospital in 2023 for mania, where he allegedly assaulted a nurse. The admission lasted for a month, and upon discharge, he stopped taking medications.

[19]. He was subsequently hospitalized at the Ottawa Hospital - General Campus, where he received Haldol injections because he did not want to take Invega Sustenna injections anymore for concerns of weight gain. Once discharged from the hospital, he stopped the medications.

[20]. Following the index offences on November 6 and 7, 2024, he was detained at OCDC for six months. During the incarceration, he was admitted to Montfort Hospital for seven weeks because of his anger and disorganized behaviour; he was throwing food and yelling at correctional officers. He was released from OCDC on April 28, 2025, upon the recommendation to see Dr. Wood at the ROMHC.

[21]. Mr. Beyene’s current diagnoses include:

• Schizoaffective disorder, bipolar type, multiple episodes, currently in partial remission

• Cannabis use disorder, mild

Evidence at the Hearing

[22]. The hospital’s evidence was presented through its report as well as through the oral testimony of Mr. Beyene’s attending psychiatrist Dr. J. Hwang. This evidence is summarized below.

[23]. By way of update, Dr. Hwang advised that Mr. Beyene has been attending regular outpatient meetings, and notably, stopped consuming cannabis in early January 2026. Mr. Beyene has been able to appreciate the fact that he thinks more clearly since stopping cannabis and he acknowledges that cannabis had a detrimental effect on his mental condition. He has indicated his intention to continue to abstain from cannabis and from nicotine products.

[24]. Mr. Beyene currently lives in the community in an independent apartment where he is being seen weekly by his CMHA worker. Mr. Beyene also has regular contact with a sister, who resides in Toronto, who is not one of the victims of the index offences. She reportedly told Mr. Beyene that other family members, who were involved in the index offences, have inquired about him and have expressed a desire to resume some sort of relationship with him which is currently impossible due to the conditions of his Judicial Release Order.

[25]. Mr. Beyene has been engaging in recreational and physical activities where he has developed some prosocial friendships. Dr. Hwang advised that Mr. Beyene has also been encouraged to attend outpatient psychoeducational groups but that he has so far declined to do so. He said that he might reconsider after his initial hearing before the ORB.

[26]. According to Dr. Hwang, Mr. Beyene appears to be compliant with medication. He reports that he takes his oral Abilify, which appears to be keeping him stable. To date, Mr. Beyene has declined to consider switching to a long-acting injectable. Dr. Hwang intends to continue having that conversation with him. Once the hospital has a disposition, it will start requesting random urine drug screens, and the testing will detect whether Mr. Beyene is taking his medication.

[27]. Overall, Dr. Hwang is quite satisfied with the progress that Mr. Beyene has made so far; however, the hospital considers it to still be very early in Mr. Beyene’s rehabilitation. For that reason, a detention order with permission to reside in the community in approved accommodation is being recommended.

[28]. In response to question posed to her by counsel for the Attorney General, Ms. Davies, Dr. Hwang acknowledged that at page 32 of the hospital report, it states that Mr. Beyene admitted to missing a few doses of Abilify, but that since then, appears to be taking it. Dr. Hwang further acknowledged that Mr. Beyene’s records do reveal historical non-compliance with treatment.

[29]. With respect to Mr. Beyene’s cannabis use, despite the recent insight that he has demonstrated, the hospital has not yet been able to monitor whether he has remained abstinent. Mr. Beyene appears to be motivated by external oversight, stating that he knows that he will be prohibited from consuming cannabis. The hospital wants him to engage in substance use therapy over the course of the next year.

[30]. In response to questions posed to her by counsel for Mr. Beyene, Ms. Ho, Dr. Hwang acknowledged that after an initial change in residence, Mr. Beyene has been residing in the same apartment for some time, that there have been no missed appointments and no symptoms of psychosis noted since he has engaged in treatment. Mr. Beyene is friendly and open during his meetings with Dr. Hwang. He acknowledges his past psychosis and asks intelligent questions. Dr. Hwang is of the view that they are forming a good therapeutic relationship. Her goal is to get Mr. Beyene engaged with other members of the treatment team and to convince him to attend the groups that are available at the Royal as part of his overall rehabilitation.

[31]. In response to questions posed to her by members of the Board hearing panel, Dr. Hwang stated that she does not know where Mr. Beyene is currently residing but that he was initially was residing in a shelter. Mr. Beyene, through his counsel, provided information that he is now residing near Baseline Station and has easy access to public transportation. So far, Mr. Beyene has had no difficulty attending the hospital for his appointments while taking public transportation.

[32]. Dr. Hwang confirmed that Mr. Beyene’s last admission to hospital was after he was charged and was being detained in jail and monitored by Dr. Wood. Dr. Wood was concerned with Mr. Beyene’s condition and transferred him under a Form 1 to Montfort Hospital where he started a course of Invega, before being switched to Abilify. The exact duration of that admission was from December 26, 2024, to February 12, 2025.

[33]. No other evidence was presented.

Submissions of the Parties

[34]. At the conclusion of the hearing, the parties confirmed the initial joint recommendation.

Analysis and Conclusion

[35]. Having considered all of the evidence tendered at the hearing, and the joint submission of the parties, the Board finds that Mr. Beyene poses a significant threat to the safety of the public as defined in s. 672.5401 of the Criminal Code of Canada and as further defined in the Supreme Court of Canada decision of Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

[36]. According to R. v. Winko, a significant threat to the safety of the public means a real risk of physical or psychological harm to members of the public that is serious in the sense of going beyond the merely trivial or annoying. The conduct giving rise to the harm must be criminal in nature.

[37]. Our finding that Mr. Beyene meets the threshold of significant threat to the safety of the public is based on his long history of major mental illness and non-compliance with treatment. The index offences occurred in the context of a severe psychotic decompensation and involved violent assaults against several family members. Mr. Beyene was clearly very unwell at the time of the index offences and required an admission to hospital in order to stabilize him and start treatment.

[38]. Since being stabilized and receiving regular treatment, Mr. Beyene’s trajectory has been quite positive. He appears to be developing a good therapeutic relationship with his psychiatrist, Dr. Hwang. The goal for the coming year is to get him engaged in psychoeducational groups as part of his rehabilitation and to ensure that he is maintained safely in the community.

[39]. Mr. Beyene has indicated his wish to abstain from cannabis use and appears to be motivated by the prospect of an imminently ordered disposition that will require him to abstain absolutely. With the assistance of psychoeducational programs, it is hoped that he will also develop internal motivation and insight into the need to abstain to maintain his mental stability.

[40]. We are persuaded by the clear and concise evidence of Dr. Hwang that a detention order is needed at this time given the ongoing presence of residual symptoms and his partial insight into the need for antipsychotic medication as well as the negative consequences of cannabis use. Though Mr. Beyene is residing in the community, he has only recently engaged in rehabilitative treatment and will require close monitoring and support over the course of the next year.

[41]. Having considered the four factors set out in s. 672.54 of the Criminal Code, namely the protection of the public, which is the paramount consideration, the mental condition of the accused, his reintegration into society and his other needs, the Board finds that a detention order with permission to reside in the community in approved accommodation is the necessary and appropriate, and is the least onerous and least restrictive disposition in the circumstances.

DATED this 18th day of March 2026, at the City of Toronto, in the Toronto Region.

Ms. M. Labrosse

Alternate Chairperson

Office of the Registrar

Ontario Review Board