Re: Sami Kazi
ORB File No: 8566
Hearing held on: Thursday, March 26, 2026
Place of hearing: Royal Ottawa Mental Health Centre (via Zoom Video Conference)
Pursuant to: Section 672.81(2) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. P. Prendergast Dr. G. Nexhipi Ms. A. Israel Mr. T. Wall
Parties Appearing:
Accused: Sami Kazi Counsel: Mr. M. J. Davies
Person in charge of hospital: Representative: Dr. J. Gojer
Attorney-General of Ontario: Counsel: Ms. M. Dufort
REASONS FOR DISPOSITION
(Dated April 8, 2026)
On May 27, 2024, Sami Kazi was found not criminally responsible by reason of mental disorder on charges of assault with a weapon, dangerous operation, failure to stop after an accident and a count of utter a threat to cause death or bodily harm.
Mr. Kazi is currently subject to a Disposition of the Ontario Review Board (the “Board”) dated December 17, 2025, that discharges him on terms and conditions that include reporting to the person in charge of the Royal Ottawa Mental Health Centre (the “ROH”) a minimum of not less than once per month. If Mr. Kazi is not meeting with that person in a given week, he must report by video conference.
By letter dated January 28, 2026, the Board was advised that Mr. Kazi had been testing positive for cocaine shortly after receiving his Conditional Discharge. The letter reports that he was also not complying with his agreed upon attendance for urine testing. This letter was solely by way of information to the Board. In a subsequent letter dated February 11, 2026, the Board was informed that Mr. Kazi continued to deteriorate and was in breach of his conditions by using drugs and not showing up for his appointments. In this letter an early hearing was requested for changes to his Disposition Order.
On March 26, 2026, a panel of the Board convened a hearing at the ROH to conduct an early review of Mr. Kazi's Disposition Order.
Mr. Kazi was present at the hearing and was represented by counsel.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Dr. Gojer appeared for the ROH. Dr. Gojer advised the panel that he is seeking a change from the Conditional Discharge to a Detention Order. He is asking for permission for Mr. Kazi to reside in the community with a very wide range of privileges that would include living in the community and travelling within the Province of Ontario with an itinerary approved by the hospital. In response to a question from the Alternate Chair, Dr. Gojer specified that if the Board were to specify security levels, he would prefer to simply recommend detention to the Forensic Program.
Ms. Dufort appeared for the Attorney General. She anticipated supporting the hospital’s recommendation.
Mr. Davies appeared for Mr. Kazi. He advised that he was seeking for the Disposition to remain as it is: that being a Conditional Discharge.
Index Offences
- “Mr. Kazi was employed as a delivery driver by the victim in this matter, Mr. Issa, for a brief time in early November 2022. In the early morning of Friday, December 2, 2022, Mr. Kazi attended the Greek on Wheels restaurant but remained in his vehicle in the parking lot while texting Mr. Issa to come outside and talk. When Mr. Issa left the storefront, he observed Mr. Kazi’s vehicle and heard the engine rev, and then Mr. Kazi drove the car right at him. Mr. Issa was able to jump onto the hood of the vehicle to avoid being crushed but was knocked into the building behind, hitting and breaking the front window. He suffered a sore and swollen knee.
Mr. Issa then entered the Greek on Wheels and locked the door. Mr. Kazi exited his vehicle and approached the door, attempting to get in with a knife in his hand. When he realized the door was locked, he returned his vehicle. He drove around the parking lot erratically, eventually driving into the front door of Greek on Wheels, shattering the door, and damaging the front wall.
Mr. Kazi then exited his vehicle and entered the Greek on Wheels through the smashed front door, openly carrying a knife. Mr. Issa escaped the shop through the back door, and Mr. Kazi left through the shattered front door, got into his vehicle, and drove off.
On December 18, 2022, Mr. Kazi sent text messages to a friend of Mr. Issa making threats toward Mr. Issa, making comments about his life expectancy, and stating that Mr. Issa should rethink offering Mr. Kazi a peace treaty.”
Evidence at the Hearing
- The Board admitted into evidence the following evidence:
a. the hospital letter from January 26, 2026, to the Board;
b. the Board’s letter back to the hospital on January 29, 2026;
c. the letter from the hospital dated February 11, 2026;
d. the letter from the Board dated February 12, 2026, and
e. the Hospital Report dated March 18, 2026.
The Hospital Report provides a great deal of information concerning Mr. Kazi, his personal history, his mental health history, details of the index offences and Mr. Kazi’s course in hospital and in the community subsequent to the date of the original NCR finding. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these Reasons.
We do note, however, the stated diagnosis of Bipolar Disorder, hypomanic type.
In addition to the documentary evidence, the Board heard from Dr. Gojer. The doctor noted that it was his intention to have a hearing on the 2nd of April 2026, which was the date granted by the Board. At that time, Mr. Kazi was at large in the community. He was subsequently arrested on the night of March 10, 2026, or the early morning hours of March 11, 2026, and brought to the hospital.
Dr. Gojer testified that shortly after obtaining a Conditional Discharge, Mr. Kazi’s engagement with the clinical team began to drop off. There were a series of urine samples that tested positive for cocaine and Mr. Kazi was not able to explain why the tests were positive. Dr. Gojer researched the issue and was not able to find any metabolite that could mimic a false positive. Dr. Gojer indicated that, at that time, Mr. Kazi was engaged in a nursing program in London. He would drive to London, attend for some of the classes and then he would return. Subsequent to the further positive urine screens for cocaine metabolite, Dr. Gojer informed Mr. Kazi that he was no longer supportive of his travel to London. Mr. Kazi agreed to daily screens for one week and if the results were consistently negative, Dr. Gojer would recommend allowing travel to London. Mr. Kazi agreed but did not follow through with his agreement to attend for daily screens nor were the ones completed, consistently negative.
Dr. Gojer testified that in early February Mr. Kazi was not staying at home and was perhaps associating with antisocial peers. As of February 6, 2026, Mr. Kazi’s whereabouts were unknown. He refused to attend the hospital but did have some calls with Ms. Ferrante, his case manager. During these calls he indicated that he had stopped taking his lithium. He also indicated that he was using cannabis. Dr. Gojer noted that at that point in time, he became concerned for the safety of the public, so he wrote a letter to the Ministry asking for his driver’s license to be withdrawn. Dr. Gojer explained that the reason he did that was because Mr. Kazi had a history of using vehicles in an inappropriate manner. The index offence did involve assault with a weapon which involved a vehicle. And given that he was not taking his lithium, Dr. Gojer was concerned that he might be suffering from hypomania, thereby posing an increased risk to public safety.
Dr. Gojer testified that when Mr. Kazi was found by the police on the early morning of February 11, 2026, he had been caught speeding. He was also driving while his license was suspended. On February 11, 2026, the police brought him to the hospital, and he was assessed by Dr. Gojer. He was reported to be quiet and settled. He did not present with any hypomanic overt symptoms. He indicated that he was not taking his lithium. He also indicated that he would typically only take lithium for three days before a blood test and then would stop taking it thereafter. He went on to say that he did not need lithium and was not going to take it going forward. Although he is an extremely intelligent young man, capable of getting extremely high marks in his nursing exams with minimal effort, he continued to argue that in Canada we do not need driver’s licenses to drive. Dr. Gojer noted that Mr. Kazi had also been renting vehicles for his friends to drive for a fee that was more than what the vehicles were rented for. Two of these vehicles were taken by some of his friends, there was a chase with another vehicle and there was a minor accident. It is Dr. Gojer’s understanding that two people fled from the scene and they were never apprehended. Dr. Gojer testified that his behaviour seemed very antisocial. Mr. Kazi had indicated that he was associating with certain gang members, smoking large quantities of cannabis, and also buying large quantities of cannabis and sharing it or giving it to his friends.
Dr. Gojer testified that he wished to observe Mr. Kazi and offered him the opportunity of going back on lithium, however, he said he would not take it. In the past, Mr. Kazi has had some erectile dysfunction while on lithium, but he did not bring that up in the discussion as to why he would stop taking it. Dr. Gojer offered him to go back on Invega, which he has taken in the past and Mr. Kazi declined taking it again.
Dr. Gojer confirmed that Mr. Kazi is capable of consenting to treatment. Dr. Gojer noted that there had recently been a hearing before the Consent and Capacity Board because Mr. Kazi challenged his Form 3. During the hearing before the Consent and Capacity Board, Mr. Kazi made comments about having lied to Dr. Ward who did the assessment for the NCR for the courts. He said he had lied about having auditory hallucinations at the time of the offence just to fake a mental illness so he could get the NCR defence. Subsequently Mr. Kazi mentioned to Ms. Ferrante that he had thoughts of revenge towards the victim of the alleged offence. As a result, the opinion of Dr. Gojer was slightly revised from that of pure bipolar mood disorder to a bipolar mood disorder as well as a personality disorder with antisocial traits. Dr. Gojer stated that it appears that Mr. Kazi has at least a mild hypomanic illness, which is manifesting in impulsive and inappropriate behaviours which seems to be merging with antisocial behaviours, and it is quite difficult to disentangle what is hypomania and what is pure antisociality.
Dr. Gojer indicated that he would like to see Mr. Kazi at least consent to antipsychotic or mood stabilizer medications and then re-evaluate how he does once he has been on the medication. Dr. Gojer indicated that he believes Mr. Kazi will need a lot of therapy to help him understand that trust needs to be re-built with the clinical team as well as with the Board.
Dr. Gojer testified that since his admission, Mr. Kazi has been exhibiting aggressive behaviours that are proving difficult to manage on the Forensic Assessment Unit. These behaviours included overturning a coffee cart, throwing a chair at a window, and being aggressive towards staff. His behaviour also caused another very sick individual to decompensate and that patient wound up assaulting Mr. Kazi.
In response to questions from Ms. Dufort, Dr. Gojer testified that Mr. Kazi seemed proud of his activities with respect to renting vehicles to his friends. Mr. Kazi’s attitude is that his behaviour is not hypomanic, it is simply being “an entrepreneur.” Mr. Kazi also indicated that his attitude is that if he was given the slightest chance he would leave or escape from the hospital.
The doctor reaffirmed his position that the first step is finding the right medication that works for Mr. Kazi, and then there must be a process to re-establish trust. Dr. Gojer noted that the process is going to be very slow, but it is conceivable that towards the end of the year he could be moved to the Forensic Rehabilitation Unit. Dr. Gojer also confirmed that if Mr. Kazi is going to drive, he will do so even without a license because he does not believe in the need to have a licence. So, it would be Dr. Gojer’s preference to have the Board order that the hospital is to decide whether or not Mr. Kazi can drive. Dr. Gojer indicated that he would be open to a condition that included community living in accommodation approved and that he would be required to report not less than once per week. He also stated that it would be important to have a no contact condition with Mr. Issa. And, given that Mr. Kazi is saying that he has thoughts of revenge, a weapons prohibition should also be included.
In response to questions from Mr. Davies, Dr. Gojer indicated that the label of antisocial personality disorder is a very pejorative label. People read more into it than they should, and it hangs over one’s head for some time. Although Mr. Kazi has exhibited antisocial behaviours, Dr. Gojer is prepared to keep his diagnosis as a differential diagnosis. He is prepared to keep it as personality disorder with antisocial traits, at least until his mental illness has stabilized.
In response to a question about the positive test for cocaine, Dr. Gojer indicated that he gave Mr. Kazi “a lot of leeway” in terms of avoiding contact with the substance since Mr. Kazi was attributing it to contamination from his workplace. He suggested that Mr. Kazi wear gloves at his workplace to avoid coming into contact with any residue. Dr. Gojer indicated that the bigger problem is associated with people who are consuming cocaine in his presence.
In response to questions from the panel members, Dr. Gojer acknowledged that Mr. Kazi had lost his privileges and that he was angry and upset. Dr. Gojer attributed this to a bit of hypomania. He did indicate that Mr. Kazi is still prepared to work with him, which is a positive sign. Dr. Gojer again noted that Mr. Kazi is a very bright individual. And perhaps once the hypomanic symptoms settle down, he will be amenable to reason, and at that time Dr. Gojer would like to engage him with somebody who is prepared to do individual counselling. Dr. Gojer also indicated that Mr. Kazi will only be eligible for passes when he is on the transfer list from the assessment unit to the rehab unit. If somebody is not on the transfer list, they will not be granted passes from the assessment unit. The second criterion in obtaining passes is his clinical state. Mr. Kazi will need to participate in treatment, consider medication, counselling, engage with staff, and show at least prosocial behaviours on the ward.
Final Submissions
In final submissions Dr. Gojer indicated that he had been advised by one of his staff that Mr. Kazi had told one of the orderlies that if he gets out, he will actually take revenge on the victim of the index offence. Dr. Gojer noted that everything he wanted to say has been captured in his testimony and in his report. The only request he had for the Board is for them to issue a disposition within 24 hours.
Ms. Dufort agreed with the position of the hospital and thinks the necessary and appropriate position to manage the risk is a Detention Order. She asked the Board to consider including living in the community of Ottawa, with accommodation approved. She would like to see a reporting period of no less than once weekly as well as terms of no contact with the victim.
Mr. Davies maintained his original position that a Conditional Discharge be maintained. He requested that the Board direct the hospital to abide by the least onerous and least restrictive principle or approach compatible with public safety in the exercise or execution of passes from the Forensic Assessment Unit.
Findings of the Board
The Board accepts the evidence of Dr. Gojer, and the evidence contained in the Hospital Report. The Board considered whether the primary objective could be satisfied with anything less than a detention disposition. It could not. Mr. Kazi’s decision to not take his medications and his disengagement with the clinical team made it impossible for the hospital to satisfy its statutory mandate of ensuring the protection of the public. His continued use of substances, including cocaine, further contributed to the subsequent deterioration of his mental state. Participation in antisocial activities, among other things, was proof of increased risk to public safety. The hospital simply cannot complete the necessary monitoring and ongoing assessment of Mr. Kazi needed to curtail further deterioration of the kind that preceded the commission of the index offences.
As a result, the Board has concluded that Mr. Kazi continues to represent a significant threat to the safety of the public. It has concluded that a detention disposition, with a full range of privileges, is necessary and appropriate having regard to the objectives set out in s. 672.54 of the Criminal Code. We note that the Ministry of Transportation has withdrawn his licence and therefore he is not permitted to drive. Should his license be reinstated by the Ministry, he will still not be able to drive until he is approved to do so by the Hospital.
The Board is unanimous in its conclusion that at the present time, a detention order is both necessary and appropriate. Accordingly, our disposition will be detention at the Integrated Forensic Program of the ROH. We will add the additional travel pass requested by the hospital to enter Southern Ontario with an itinerary approved by the person in charge or his or her designate. We are supportive of Mr. Kazi’s pursuit of education and prosocial goals of studying nursing and if/when appropriate, the hospital may permit such passes. We will also permit living in the community in accommodation approved by the person in charge as that may be a realistic eventuality in the upcoming year.
In reaching our disposition, the Board has taken into consideration public safety, Mr. Kazi’s mental condition and his other needs, and Mr. Kazi’s reintegration into society.
DATED this 8th day of April 2026, at the City of Toronto, in the Toronto Region.
Ms. A. Israel Legal Member
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Office of the Registrar Ontario Review Board