Re: Adeola Bakenne
ORB File No: 7706
Hearing held on: Tuesday, March 24, 2026
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. J. Mills
Members: Dr. J. Watts Dr. G. Stones Ms. M.L. Bridger Mr. A. Bouvier
Parties Appearing:
Accused: Adeola Bakenne Amicus Curiae: Mr. A. Rai
The person in charge of hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated April 29, 2026)
Introduction
Mr. Bakenne was found not criminally responsible (NCR) on March 12, 2020, for the Criminal Code offences of assault with intent to resist arrest, and assault peace officer cause bodily harm.
He is currently subject to a detention order under a Disposition dated June 18, 2025, with privileges that extend to living in the community in accommodation approved by the person in charge.
A panel of the Ontario Review Board convened this annual hearing on March 24, 2026, at St. Joseph’s Healthcare, Hamilton, West 5th Campus (St. Joseph’s) to review the current Disposition pursuant to s. 672.81(1) of the Criminal Code of Canada. Mr. Bakenne indicated that he intended to represent himself, but amicus curiae was present to assist the accused if required.
Also present were two treatment team members to observe the proceedings.
The Alternative Chair canvassed all parties as to their position. Mr. O’Brien, for the Hospital, referred us to page 62 of the Hospital Report which indicated he would be asking for a detention order with the same terms as last year, except that he would ask the Board to consider passes up to 7 days to enter the community of Southern Ontario indirectly supervised with an itinerary approved by the person in charge. He advised that Dr. Shariati would expand upon the need for passes
Ms. MacKenzie, on behalf of the Attorney General of Ontario, indicated she supported the Hospital but she would have some questions for Dr. Shariati. Mr. Rai had no comments at this time.
The Alternative Chair, Ms. Mills, asked Mr. Bakenne what he would like the Board to do. He answered that he would like to be permitted to consume substances, specifically alcohol and cannabis. It was not a joint submission.
Mr. Bakenne has advised that he would like to file an audio tape of his music that he had on his phone. Brief discussion was had about the ability of the Board to file the audio tape from Mr. Bakenne’s phone and Ms. Mills suggested that instead he could tell us about his music in his evidence if he wished.
After all the evidence was heard and deliberations completed, the panel concluded that a continuation of the Detention Order with the current conditions as well as the added condition of passes up to 7 days to enter the community of Southern Ontario indirectly supervised with an itinerary approved by the Person in Charge is the appropriate and least restrictive disposition.
Index Offences.
“On September 25, 2018 Mr. Bakenne became aggressive and hostile, yelling and screaming, causing a disturbance when the bank manager at the bank refused to open a new account for him. Police were called and Mr. Bakenne told them he was not leaving as the bank staff were being racist in refusing to open an account for him. He was told he was trespassing and had to leave but refused. He was arrested under the Trespass to Property Act. When the police attempted to effect the arrest, Mr. Bakenne became combative and punched and kicked at the officers. He punched one of the officers twice in the side of the face and she tasered him. He continued to try to hit the other officer and he was tasered again."
Hospital Report dated March 9, 2026
The Hospital Report dated March 9, 2026, was prepared for this hearing, and contains a detailed review of Mr. Bakenne’s personal and mental health history.
Mr. Bakenne did not have a criminal record prior to the index offences.
He is diagnosed with Schizophrenia and Cannabis Use Disorder, in sustained remission in a controlled environment.
Mr. Bakenne was admitted to St. Joseph’s on March 12, 2020 following the NCR finding. On May 29, 2023, he was discharged to live in the community. He was readmitted to the Hospital from December 27, 2023 to January 17, 2024.
Prior to the index offences, Mr. Bakenne was residing in St. Catharines and was receiving support from the Canadian Mental Health Association (CMHA). He had moved into a subsidized unit in August 2018. His CMHA worker advised that Mr. Bakenne was often non-compliant with his medication which resulted in frequent hospitalizations for his symptomatic behaviour. Mr. Bakenne was evicted from his apartment and began accessing the shelter system. Health records indicate that between 2018 and 2019, he was transported to hospital by police on at least 4 occasions for ongoing threatening behaviour in the community and increased psychotic symptoms.
Following the index offences, Mr. Bakenne was charged with various offences on February 26, 2019, September 22, 2019, and September 23, 2019. On February 26, 2019, he kicked and damaged the superintendent’s door in the apartment complex he resided in. He then smashed numerous windows with a baseball bat. Mr. Bakenne was charged with 2 counts of mischief.
On September 22, 2019, Mr. Bakenne followed a woman along a street in Niagara Falls. He made comments to her such as, “let’s fuck”, and exposed his penis as he was pressing his body against her. He left the area when she sought assistance, went into a bush area and removed his clothes. He then walked along the street naked. He was charged with sexual assault, indecent act, mischief, and fail to comply with recognizance.
On September 23, 2019, while in police custody, he urinated on a chair and defecated in his cell. While being transported to court, he spit on the special constable. He was charged with 2 counts of mischief and an assault.
Mr. Bakenne was born in Lagos, Nigeria. His brother, Ademola, advised that their mother died in 2000, which was very upsetting for Mr. Bakenne. Mr. Bakenne started experimenting with cannabis during his first year at the University of Lagos. He did not complete his courses and left university in the second year. His substance use has included crystal methamphetamine and heroin.
His brother advised that around this time Mr. Bakenne was admitted to the hospital for drug rehabilitation and psychiatric treatment.
The family moved to the Niagara Region in 2014. It was apparent to Ademola that Mr. Bakenne was struggling with mental health issues at the time. He presented with paranoia and often spoke incoherently. Mr. Bakenne was often non-compliant with his medication that resulted in bizarre behaviour, interactions with the police, and hospitalizations.
Clinical records indicate that Mr. Bakenne often presented in hospital with auditory hallucinations, paranoid thoughts, and delusional beliefs.
On admission to St. Joseph’s following the index offences, Mr. Bakenne acknowledged experiencing command auditory hallucinations. His insight and judgment were limited due to the ongoing psychotic symptoms. He was experiencing delusional beliefs, and his behaviour was described as unpredictable. By the end of November 2019, prior to the NCR finding, Mr. Bakenne was refusing his antipsychotic medication. Staff observed that Mr. Bakenne demonstrated increased agitation. He would pace the hallways, interact with internal stimuli, and he was refusing to eat believing the food had been poisoned. Mr. Bakenne made other people on the unit uncomfortable with his threatening behaviour. In early December 2019, he assaulted a staff member.
By mid December he accepted his antipsychotic medication, and very quickly, his agitation decreased and his behaviour improved. He was still observed to be experiencing psychotic symptoms, such as auditory hallucinations, and was responding to internal stimuli.
In May 2023, Mr. Bakenne was discharged to live at the Perkins Centre, Indwell Housing. This facility offers independent apartments with staff in the building during weekday business hours.
At the time of his discharge, Mr. Bakenne’s condition and behaviour had improved, but he still experienced symptoms of psychosis, such as paranoid delusions, and his behaviour could be rude and argumentative. Numerous drug screens had returned positive for cannabis, and he had a tendency to challenge the rules and be somewhat defiant when challenged on his behaviour. He had been exercising indirectly supervised passes into the community for up to 8 hours without much difficulty. On one occasion he was late returning to the hospital and an escape custody package needed to be initiated.
Mr. Bakenne was readmitted to the hospital on December 27, 2023, after his case manager and doctor noticed that his psychotic symptoms had intensified. This included grandiose delusions, tangential thought process, and dressing in an odd manner. A urine drug screen detected ephedrine/pseudoephedrine, which is a compound present in nasal and sinus congestion medication. It is known to trigger manic or psychotic symptoms in individuals who are susceptible. With improvement in his symptoms, he was discharged to his residence on January 17, 2024. He was also readmitted March 27, 2025, to May 20, 2025.
The records indicate that his mental status fluctuated in the community. Mr. Bakenne was most often punctual for his appointments with a generally pleasant demeanor. Occasionally, however, his thought process was disorganized, tangential, and included the use of neologisms. He also experienced bizarre and grandiose delusions and continued to respond to internal stimuli. The records also indicate that his insight into his illness and need for medication is limited.
On one occasion he asked the team to discontinue his olanzapine as he was concerned it was affecting his sperm count, sexual desire, and weight. The olanzapine was not discontinued, and the team expressed concern that this request was indicative of little insight into the benefits of the medication and the need to remain adherent.
It is apparent to the team that Mr. Bakenne has been adherent to his medication regimen since his discharge to the community. He self-administers his olanzapine and was attending monthly at the outpatient clinic to receive his injection of paliperidone.
His brother, Ademola, is his substitute decision maker for treatment.
Mr. Bakenne had previously commented to the team that he has a good relationship with his current case manager. Mr. Bakenne has also stated in the past that he will use substances if granted an absolute discharge.
Testimony of Dr. Shariati
Dr. Shariati has been Mr. Bakenne’s most responsible physician since 2022. When asked what type of year Mr. Bakenne had, the response was that it was mixed but improved. He has schizophrenia. The doctor said he is concerned about “flaring” of his mental disorder, that there is some grandiosity and some disordered speech. Dr. Shariati volunteered that if he were to be absolutely discharged (which was not being proposed by any of the parties), he believes his patient would either stop taking medication or treatment or inconsistently take them. The doctor believes his patient would become sexually inappropriate. Dr. Shariati stated that Mr. Bakenne’s insight into the impact of substances on his condition is limited.
The doctor testified as to why the Hospital was asking for 7 day passes this year. The doctor said that last year, Mr. Bakenne’s brother visited from his home in the United States. The brother wanted to take Mr. Bakenne to the Canadian side of Niagara Falls to stay in a hotel for a couple of nights. Mr. Bakenne’s previous doctor felt that was not permitted without a specific order allowing it.
Mr. Bakenne is pleased to have a one-bedroom apartment in a community based, daytime-supervised home called Indwell. The doctor noted he keeps his apartment very clean.
Some of the offences the accused was charged with were sexual in nature, but the outcome is unclear. The Crown asked if he is receiving any sexual treatment and he is not. She asked if that might benefit him and the doctor said yes. The case manager was asked if he has received such treatment ever and replied no. He is receptive to appropriate boundaries. Mr. Rai had no questions.
In questioning by the Board, the doctor was asked if he would be strongly opposed to the accused being granted the privilege of drinking alcohol and/or using cannabis. He indicated the strongest opposition to it. Another Board member asked what programs he was taking. The doctor replied that Mr. Bakenne’s brothers were trying to get him to structure his day more. Another Board member asked about the long-acting injectable and that he takes 250 mg of clozapine. It was indicated that the accused is drooling frequently, so his medication may have to be adjusted. It was noted that he smokes one to two packs of cigarettes daily. The Alternate Chair asked if that much smoking could impact on his clozapine and the answer is yes, it could.
Dr. Shariati testified that he is against Conditional Discharge as opposed to a Detention Order for the following reasons: the lack of insight into his condition, his social connections are nil. He has sporadic contact only with his family. The Hospital would want to be able to approve his residence, which it cannot do with a Conditional Discharge.
After this, Mr. Bakenne decided he wanted to address the Board. Mr. Bakenne told the Board that he is an online creator. He makes music, jokes, comedy. The reason he really wants to be allowed to drink alcohol and “smoke doobies” is that it makes it easier for him to fight anxiety. He said he has over “1000 girls on Facebook” that he is friends with and he had shown his doctor his account. Mr. Bakenne stated this proves he can manage himself better than before. He especially likes to go to comedy clubs and he stated that he sometimes performs.
Mr. Bakenne claimed he had not used alcohol or cannabis for the past five or six years. (However, when he was on a restriction of liberty in December, 2023, a urine drug test was done and ephedrine and pseudoephedrine were found in his system. These drugs are used in nasal spray and cough syrup. The accused’s brothers have told the treatment team that Mr. Bakenne has a history of abusing cough syrup). Mr. Bakenne believes that using alcohol and cannabis will relax him. He would like to have a “test period” where he is allowed to use alcohol and cannabis. He stated the Board could take it away from him if it did not work out. His major reason was he did not want to be the “only sober person at the comedy club”.
In submissions, the issue of significant threat was either conceded or not challenged by any of the parties. Mr. O’Brien, for the Hospital, noted that Mr. Bakenne’s brother is his substitute decision maker. He noted that any permission to use substances is simply contra-indicated.
Ms. McKenzie for the Attorney General submitted that Mr. Bakenne poses a significant threat. She also noted his limited insight.
Mr. Rai did not raise any issues.
Analysis
The Board retired to deliberate. Although none of the parties were contesting significant threat, the panel independently found that Mr. Bakenne represents a significant threat to the safety of the public.
In coming to this conclusion, the Board considered Mr. Bakenne’s limited insight into his major mental illness and the need to adhere to medication and abstain from substances, which remain a salient risk factor. The Board also considered Mr. Bakenne’s lack of social and professional supports in the community outside of the forensic system. His contact with his brothers is sporadic at this time and the Board would like to see him strengthen those bonds. Mr. Bakenne continues to require support and monitoring to maintain wellness and manage his risk to the safety of the public. We could not grant him his request for our permission to drink or smoke cannabis.
Overall, Mr. Bakenne is heading in the right direction. He needs to work closely with his doctor and the team to find good ways to use his time.
A Detention Order, which no party opposed, is clearly the appropriate disposition in this matter at this time. A Conditional Discharge is not appropriate now due to his lack of insight into his condition and his need for medication. The Hospital needs to be able to approve his address, which it could not do if he was under a Conditional Discharge. In 2023, Mr. Bakenne tested positive for ephedrine and his brothers informed the team that he has a history of abusing cough medications and this can exacerbate his illness. However, the Board hopes that Mr. Bakenne will continue working with the team, steadily towards a Conditional Discharge. To do this, he must stay away from all substances, work closely with his doctor and find better uses for his free time. The Board agreed to the request for 7 day passes as the Hospital sees fit. We expect they will be used primarily for family visits, and we are very much in support of him strengthening his bonds with his brothers, who clearly seem to have his best interests at heart,
We wish Mr. Bakenne a very good year.
In arriving at our conclusions, the Board has considered the paramount factor of the safety of the public, Mr. Bekenne’s mental condition, his community reintegration and his other needs, all as required by s.672.54.
DATED this 29th day of April 2026, at the City of Toronto, in the Region of Toronto.
Ms. M.L. Bridger Legal Member
Office of the Registrar Ontario Review Board