Ontario Review Board

Re: Richard Tagamile

ORB File No: 8659/8671/8682

Hearing held on: Monday, March 30, 2026

Place of Hearing: Royal Ottawa Mental Health Centre

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. M. Labrosse

Members: Dr. R. Kunjukrishnan Dr. G. Nexhipi

Ms. R. Louis Ms. B. Naegele

Parties Appearing:

Accused: Richard Tagamile

Counsel: Ms. M. Lord

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

Attorney General of Ontario: Counsel: Ms. M. Dufort

AMENDED REASONS FOR DISPOSITION

(Dated May 4, 2026)

Please see underlined change to original reasons made May 8, 2026

Introduction

1. The accused, Richard Tagamile, was found not criminally responsible on account of mental disorder on Criminal Code of Canada charges on three separate occasions set out as follows:

(a) NCR Finding – November 6, 2025 – File Number: 8659 – assault with a weapon(x2), possession of a weapon, mischief(x2), cause disturbance(x2) and breach of court order;

(b) NCR Finding – November 25, 2024 – File No. 8671: Theft, assault, cause disturbance(x2) and escape custody; and

(c) NCR Finding – December 6, 2024 – File No. 8682: assault (x5) and mischief.

2. Mr. Tagamile is currently subject to a disposition of the Ontario Review Board dated March 11, 2025, which detains him in the Secure Forensic Unit of the Royal Ottawa Mental Health Centre on terms and conditions up to and including community living in accommodation approved by the person in charge.

3. On March 30, 2026, the Ontario Review Board (“ORB”) convened a hearing at the Royal Ottawa Mental Health Centre, hereinafter referred to as “the Royal” or “the hospital”, to conduct the first annual review of Mr. Tagamile’s disposition pursuant to

s. 672.81(1) of the Criminal Code. Mr. Tagamile attended his hearing and was represented by his counsel, Ms. Melanie Lord. Mr. Tagamile’s father also attended the hearing. A hospital report dated March 2, 2026, was admitted into evidence as Exhibit 1.

4. The issues for this hearing are whether Mr. Tagamile continues to represent a significant threat to the safety of the public and, if so, to determine the necessary and appropriate disposition having regard to the factors set out at s. 672.54 of the Criminal Code.

5. At the commencement of the hearing, the parties presented their preliminary without prejudice positions. The hospital submits that Mr. Tagamile continues to pose a significant threat to the safety of the pubic and that a conditional discharge is now adequate to manage that risk. Counsel for the Attorney General, Ms. Dufort, agreed that the threshold of significant threat continues to be met. She reserved her position on the issue of the necessary and appropriate disposition. Counsel for Mr. Tagamile, Ms. Lord, indicated her support of the hospital recommendation, both with respect to the issue of significant threat and disposition.

6. At the conclusion of the hearing, the Board was presented with a joint submission that Mr. Tagamile continues to meet the threshold for significant threat and that a conditional discharge is the necessary and appropriate disposition. Counsel for the Attorney General, Ms. Dufort, also asked the Board to include a provision that requires the hospital to notify the Board and the police in the event of the breach of disposition.

7. For the reasons set out below, the Board finds that Mr. Tagamile continues to pose a significant threat to the safety of the public. We agree with the joint position of the parties that a conditional discharge is now adequate to manage the risk and the

conditions which shall form part of the new disposition shall be set out in the Analysis and Conclusion section of these Reasons.

Index Offences

8. The details of the index offences have been extracted from the hospital report and are summarized as follows:

“August 25, 2024 – File No. 8671

Theft not exceeding $5000/shoplifting (one count) Assault (one count) Mischief

– property not set value (one count)

On Friday, August 23, 2024, at approximately 5:00 p.m., Mr. Tagamile entered the Walmart and was apprehended for stealing over $900 worth of items. He was verbally trespassed.

On Sunday, August 25, 2024, at approximately 9:30 a.m., Mr. Tagamile entered the same Walmart and when the employees approached him, he swung a lamp at one of them and hit the other with a bag of beads. He was removed from the property and verbally trespassed by Ottawa Police.

At approximately 11:37 a.m., Mr. Tagamile re-entered the Walmart and placed clothing in his bag. He began to scream at customers. When Fraser Ryan, an assistant manager, approached him, he immediately started to leave the store, stopping to kick the exit doors, breaking them off the hinges and causing damage. Mr. Tagamile passed all points of sale without attempting to pay for the items in his backpack. He continued to scream and cause a disturbance in the parking lot. While Ryan was standing by the doors speaking on the phone with his manager, Mr. Tagamile approached him and screamed at him to get off his phone. He then struck Ryan across the left side of his face and walked away.

The police in the parking lot arrested Mr. Tagamile. All stolen items were recovered with a total cost of $156. Mr. Tagamile was issued his rights to counsel and was transported to cells to be held for show cause.

August 28, 2024 – File No. 8671

Cause a disturbance by fighting/shouting/swearing (one count)

On August 28, 2024, Mr. Tagamile attended the Rideau Centre shopping mall. While inside the mall, he was observed in the food court swearing and shouting while there were other mall patrons close by. Members of the security team who asked him to stop yelling and leave the mall approached him. Mr. Tagamile took a fighting stance and took off his shirt. As he did not leave, the Ottawa Police attended the food court and placed him under arrest for causing

disturbance by swearing and shouting. It was apparent that his behavior was disturbing the patrons of the mall and being left alone would only further exasperate the situation.

August 30, 2024 – File No. 8671

Cause a disturbance by fighting/shouting/swearing (one count) Escape lawful custody of a peace officer (one count) Assault (five counts) Sexual assault (one count) Mischief/damage property not exceeding $5000 (two counts) Cause a disturbance by fighting/shouting/swearing (one count)

August 30, 2024 – File No. 8682

Obstruct/resist a public/peace officer (one count)

On August 30, 2024, Mr. Tagamile was in the Carleton University Residence Quad at approximately 9:39 a.m. It was a busy day in the area, as students were moving into their campus residence buildings. There were many new students, parents, and staff members in the Residence Quad.

Carleton University Special Constables received a report of an odd interaction between Mr. Tagamile and residence staff. Mr. Tagamile reported that he was drunk and high, that nobody could stop him from smoking cannabis on campus, and that he was there to steal things.

At approximately 9:49 a.m., Special Constables attended to speak with Mr. Tagamile. He appeared impaired by substances and was argumentative with the officers. Although Special Constables attempted to de-escalate the situation, Mr. Tagamile shouted and swore. The officers noted that he was disturbing the peace of the area, as people kept looking towards him and appeared concerned. He threw a backpack to the ground and continued to scream and swear. Special Constable Staff Sergeant Messier told him that he was under arrest for causing a disturbance. Mr. Tagamile then ran away from Special Constables. He led Special Constables on a pursuit around campus, running into traffic at times. At one point, he entered a fenced construction area and threw rocks either at Special Constables or construction workers. The rocks did not make contact with anyone. Special Constables discontinued pursuing as Mr. Tagamile ran towards Carleton University's busy Bronson Avenue entrance.

That evening, at approximately 8:34 p.m., Mr. Tagamile attended the Carleton University campus. Students were moving into their Residence buildings, and there was a significant number of people in the area, including students, parents, and staff. Mr. Tagamile ran through the lobby area around the main Residence reception desk before kicking a glass window and breaking it. This resulted in Mr. Tagamile bleeding from his foot and leg. He then ran outside to the Residence Quad. There, he smacked a box out of someone's arms. When

a staff member, Anirudh Mitesh Lagar, went to call for help, Mr. Tagamile began shouting at him. He then touched his bloody hand to his bleeding leg to get more blood on his hand and smeared blood on the side of Anirudh's face.

Mr. Tagamile then ran towards a crowd of students, screaming and shouting at many of them. He pushed his way through the crowd multiple times. While doing so, he grabbed a number of students, getting blood on them. He approached Emmanuel Aguku while screaming. Mr. Tagamile got on his knee, touched his bloody leg, and then grabbed Emmanuel's shoulder, leaving a bloodstain on his shirt after pushing Emmanuel. He pushed by M.D. and M.D. felt Mr. Tagamile's hand grab her buttock. M.D. later found that there was blood on her pants over the area. Mr. Tagamile ran towards Guntaas Benipal screaming something. He grabbed her right shoulder, bunching her shirt and attempting to drag her away. In doing so, he smeared blood all over her back and shoulder. Mr. Tagamile grabbed Chloe Bednar's sweater, yelling that he was covered in blood. He then ran through the crowd but returned. As Chloe tried to run away, he grabbed the back of her sweater again.

Approximately an hour later at 9:30 p.m., Mr. Tagamile entered the Athletics Building across campus. He ran through the main lobby area, grabbing a computer monitor on the reception desk and smashing the computer against the ground, breaking it into pieces. Later in the evening, Mr. Tagamile was located in the ByWard Market area. When the police officer told him to stop and that he was under arrest for assault, Mr. Tagamile fled on foot. He led police on a brief foot pursuit before being arrested. He was subsequently held for show cause after attending the hospital for his leg injuries.

September 09, 2024 – File No. 8659

Assault with weapon or imitation weapon (two counts) Possess weapon, etc./dangerous to public peace (one count) Mischief – property no set value (two counts) Cause a disturbance by fighting/shouting/swearing (one count) Fail to comply with release order/not FTA court (one count)

On September 04, 2024, in the City of Ottawa, Mr. Tagamile entered into a Release Order with the Honourable Justice J. Macfarlane of the Ontario Court of Justice, with several imposed conditions, one being; "Do not possess any weapon(s) as defined by the Criminal Code (for example, but not restricted to, a pellet gun, firearm, imitation firearm, cross-bow, prohibited or restricted weapon or device, ammunition or explosive substance or anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person, or any imitation of above."

On September 09, 2024, Mr. Tagamile entered the Dollarama store located inside the Saint Laurent Mall located at 1200 Saint Laurent Boulevard. He was known by Loss Prevention Officers for past thefts and was being followed by a Loss Prevention Officer through the store. Mr. Tagamile became agitated and

yelled at the Loss Prevention Officer, stating that he was not comfortable being followed "as a black man.” When the Loss Prevention Officer, who is also black, stated that he was a security guard, Mr. Tagamile started yelling and became verbally aggressive towards the Loss Prevention Officer.

In the ensuing argument, Mr. Tagamile opened a plastic bottle of Orange Crush pop and poured it out onto the floor. He then proceeded to the front of the store and threw the open bottle of pop towards a store employee. The Loss Prevention Officer and store employee prevented Mr. Tagamile from leaving the store. He continued to shout and cause a disturbance in the store, grabbed a glass mason jar, and smashed the jar on the floor. He then picked up a piece of broken glass from the jar and threatened the Loss Prevention Officer by swinging it at him while yelling that he wanted to leave the store. Mr. Tagamile was arrested by mall security.

In the course of the arrest, Mr. Tagamile pulled a rack of bags off the wall, damaging the rack. As a result, the Ottawa Police Service attended the mall and continued the arrest. He was read his Right to Counsel, Primary, and Secondary Cautions, and 524 Warning to which the accused refused to answer. He was transported to the Ottawa Police detention unit where he refused to speak with a lawyer.”

Background History

9. Mr. Tagamile’s personal, legal and psychiatric history is set out in detail in the hospital report dated March 2, 2026. Briefly summarized, Mr. Tagamile is presently 28 years of age and was born in Ndolomo, Congo. He initially lived in Ndolomo with his mother and his father. When he was about four years old his younger brother died after which his parents separated, and he went to live with his paternal grandmother in a war- stricken environment where there was an armed conflict. He did not see his father for four years during that time.

10. At eight years of age, Mr. Tagamile and his father reconnected, and they moved to Uganda due to the ongoing armed conflict in Congo. They lived in Uganda in a refugee camp, where life was hard and his father was strict with him. During that time his father began a romantic relationship with Josephine, his step-mother. Josephine has two children from a previous relationship, both of whom are younger than Mr. Tagamile. When Mr. Tagamile was twelve years old, they all moved to Kampala, Uganda and lived in a poor neighbourhood that was prone to flooding.

11. In 2019, the family arrived in Ottawa as refugees through international support from the United Nations, and they all lived together in an apartment building near Walkley Road.

Legal History

12. Mr. Tagamile has no prior criminal record.

Psychiatric History

13. The details of Mr. Tagamile’s psychiatric history are set out in great detail in the Hospital Report. Briefly summarized, in 2024, Mr. Tagamile had several admissions to hospitals in Ottawa, Toronto, and Quebec. He was reportedly consuming cannabis during this period, which contributed to symptoms of psychosis.

14. In the period of June and July 2024, Mr. Tagamile was tree-planting in Northern Quebec with his father, which was a typical summer job for him. Mr. Tagamile experienced psychotic decompensation and was transported to a hospital in Quebec City. After this hospitalization, he took a sick leave from his job. Mr. Tagamile subsequently returned to Ottawa, but then promptly left to visit his friend in Scarborough. He frequently traveled from Ottawa to Toronto to visit his friend between July and August 2024. While on one of these trips, he was admitted to St. Joseph’s Health Care Centre while experiencing psychotic symptoms.

15. Following the index offences, Mr. Tagamile was admitted to Montfort Hospital from the Ottawa Carleton Detention Centre (“OCDC”). He remained at the Montfort between September 15 and October 1, 2024, after which he was discharged and transferred back to OCDC.

16. Mr. Tagamile’s current diagnoses are:

Main diagnoses

• Bipolar disorder type I, most recent episode mania, with mood-incongruent psychotic features, in full remission.

Contributing diagnoses

• Cannabis use disorder, in sustained remission.

Evidence at the Hearing

17. The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. J. Hwang who has been Mr. Tagamile’s attending psychiatrist since his NCR finding.

18. Dr. Hwang testified that Mr. Tagamile has been psychiatrically stable and has not experienced any relapse of psychotic or mood symptoms. He has been compliant with medication and has been taking his long-acting injectable (“LAI”) Abilify as prescribed.

19. Over the course of the past year Mr. Tagamile’s rehabilitative treatment has focused on his substance use disorder as well as learning coping strategies to deal with stressful situations. Mr. Tagamile attended a Concurrent Disorders Group and has complied with requests for urine drug screens all of which have been negative in the

past year.

20. According to Dr. Hwang, she and Mr. Tagamile have had good discussions regarding the issue of cannabis. Mr. Tagamile appears to have insight into the need to abstain and has indicated that he has no interest in resuming cannabis use in the future.

21. To address stress management issues, Dr. Hwang involved a number of allied health professionals who have become members of Mr. Tagamile’s treatment team, including an occupational therapist, a social worker, a vocational therapist, and a forensic case manager.

22. Initially, Mr. Tagamile showed great interest in engaging with them, however over the past several months some disengagement with members of his treatment team has been noted. Dr. Hwang believes that Mr. Tagamile is experiencing a lack of motivation. He acknowledges that, at times, he does not have the motivation to engage with members of his treatment team though he recognizes that it is important.

23. Dr. Hwang has considered whether this could be a rare side effect of the LAI or possibly cognitive issues related to his bipolar disorder. Given Mr. Tagamile’s stability, a decision was made in February 2026 to reduce the dose of his LAI to 300 mgs.

24. Though Mr. Tagamile’s last disposition included passes to permit him to work in Northern Quebec tree-planting with his father, this did not happen last year. Dr. Hwang and Mr. Tagamile’s father have discussed the likelihood that he will be doing this for the upcoming summer. The plan is that Mr. Tagamile’s father will drive him to the hospital once per month for him to receive his monthly LAI medication. In preparation for this, the hospital will continue to discuss with Mr. Tagamile and his father the possible early warning signs of a relapse.

25. The hospital is recommending a change from a detention order to a conditional discharge given the stability that Mr. Tagamile has demonstrated over the past year as well as his compliance and abstention from cannabis.

26. In response to questions posed to her by counsel for the Attorney General, Ms. Dufort, Dr. Hwang testified as follows:

(a) The reason that Mr. Tagamile did not go tree planting last summer was because he had just recently been discharged from the hospital. His goal at the time was to return to school and travelling to tree plant in Quebec did not provide enough time to prepare for that.

(b) Dr. Hwang does not know exactly when Mr. Tagamile will leave for Northern Quebec as this depends on the notice that he receives from the employer. He would typically be given one to two weeks notice before his start date. It is Dr. Hwang’s understanding that the time frame of the work will be from early June to late August or early September.

(c) There is driving access to the forestry site, and it will therefore be possible for Mr. Tagamile’s father to drive his son to his monthly appointment at the hospital. When Mr. Tagamile was unwell while tree planting in 2024, his father was able to transport him to hospital from the work site.

(d) The hospital is recommending a decrease of the reporting frequency in part to accommodate the travel for work but also because of Mr. Tagamile’s stability and compliance.

(e) If Mr. Tagamile became unwell and was either manic or hypomanic, he could possibly lose insight, however Dr. Hwang is confident that Mr. Tagamile’s father and family would be notifying the hospital treatment team if that happens.

(f) Had Mr. Tagamile gone tree planting last summer, the expectation was that he would have reported remotely under the terms of his disposition which required him to report not less than once every two weeks. Given that there had been no psychotic or mood episodes, Dr. Hwang believes that decreasing the reporting to once every four weeks would be adequate.

(g) In the event that Mr. Tagamile did not attend as required, Dr. Hwang stated that she would request an early hearing and seek a detention order.

(h) Dr. Hwang also acknowledged that it would be open to the hospital to report the breach of the disposition to the police and to the ORB.

(i) Dr. Hwang believes that it would take several weeks to a month for Mr. Tagamile to start exhibiting signs of decompensation if he stopped taking medication.

(j) Dr. Hwang acknowledged that the urine drug screens (UDS) will not be random while Mr. Tagamile is tree planting up north, but the hospital is not concerned because cannabis stays in the system for approximately a month.

(k) Dr. Hwang acknowledged that the hospital could ask Mr. Tagamile to check in more often than once per month if there are any concerns, though this would require a member of the treatment team who is licensed to practice in both Ontario and Quebec, which she is not.

(l) Though there is no plan for Mr. Tagamile to move out of the family home, his stepmother’s home, there is a possibility that the family may be moving to a larger accommodation. It is anticipated that Mr. Tagamile will continue to reside with his family.

27. In response to questions posed to her by members of the hearing panel, Dr. Hwang testified as follows:

(a) Mr. Tagamile’s family is well aware of how important it is for him to continue to abstain from cannabis use. Dr. Hwang is not aware that there is any increased cannabis exposure if and when Mr. Tagamile is tree planting in Quebec. Dr. Hwang confirmed that Mr. Tagamile has completed a Concurrent Disorders Program over the course of the last year and has better insight into the need to abstain.

(b) With respect to his insight into his major mental illness, Dr. Hwang believes that Mr. Tagamile has insight into his bipolar disorder and symptoms of depression that he could be experiencing, however it might be more difficult to retain insight if experiencing manic or hypomanic symptoms.

(c) Mr. Tagamile is still planning to return to school in September 2026. One of the reasons that he wants to go tree planting this summer is to finance his education. Mr. Tagamile is not involved in any other vocational activities but hopes to do some volunteer work through his church.

(d) Dr. Hwang believes that the Mental Health Act could be invoked to admit Mr. Tagamile, as was the case when he was admitted to hospital while experiencing a decompensation in Toronto.

(e) With respect to Mr. Tagamile’s decreased motivation, Dr. Hwang is unsure whether this could be a sign of depression. She has not seen any other symptoms suggesting depression. Dr. Hwang believes that amotivation could be associated with cognitive side effects from the bipolar illness and agreed that this could impact Mr. Tagamile’s return to school.

(f) Dr. Hwang does not believe that it is likely that amotivation is related to a side effect of the medication. Out of caution, the dose of Abilify was reduced and has not caused any increase in symptoms.

(g) Dr. Hwang agreed that Mr. Tagamile could possibly get his injection in Quebec while he is there working but she believes that it is good that he will be seen in person once monthly at the Royal, when his father drives him to the hospital.

(h) Dr. Hwang agreed that it would be important for the hospital to be notified of any change of address if the family moves and for him to report any absence from his residence for more than 24 hours. Finally, the condition for him not to attend at Walmart or Dollarama are no longer needed in the disposition.

28. No other evidence was presented.

Closing Submissions

29. The Board was presented with a joint submission of all parties that Mr. Tagamile continues to pose a significant threat to the safety of the public but that given his progress over the past year, a conditional discharge would be sufficient to manage the risk with reporting to be done not less than once every four weeks and with the removal of the condition prohibiting Mr. Tagamile from attending at Walmart and Dollarama.

30. The hospital requested a decrease in the reporting frequency from not less than once every two weeks, to not less than once every four weeks. Counsel for the Attorney General, Ms. Dufort, submitted that the Board should maintain the current frequency of reporting which his not less than once every two weeks. Counsel for Mr. Tagamile, Ms. Lord, supported the hospital recommendation.

Analysis and Conclusion

31. Having considered all of the evidence tendered at the hearing, and the submissions of the parties, the Board does find that Mr. Tagamile continues to pose 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 Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

32. 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.

33. Our finding that Mr. Tagamile continues to pose a significant threat to the safety of the public is based on the fact that he suffers from a major mental illness, bipolar 1 disorder, which manifested itself by way of an acute episode of psychotic and disorganized behaviour over a short period of time, during which Mr. Tagamile threatened and assaulted several people who were not known to him, some of whom had been incorporated into his delusions. Cannabis use was also a contributing factor to his psychotic decompensation.

34. Following his NCR findings, Mr. Tagamile was admitted to the hospital and responded well to treatment. He was discharged back to the family home on April 16, 2025, has maintained psychiatric stability and has abstained from cannabis use.

35. Following a very positive level of engagement with his treatment team, Mr. Tagamile has been noted to be less engaged and acknowledges feeling unmotivated at times. The hospital is not certain what the cause of this might be. His dose of LAI Abilify was reduced, as the amotivation could be related to the medication. A more likely explanation appears to be cognitive symptoms of the illness, but the hospital will continue to monitor this.

36. Mr. Tagamile’s psychosocial education and rehabilitation has focused on abstention from cannabis and stress management. Mr. Tagamile will face some upcoming stressors as he hopes to return to school in September, in addition to travelling to Quebec this summer to work in tree planting. It is important for him to remain engaged with his treatment team as he navigates these stressors.

37. Overall, Mr. Tagamile has done very well in his first year under the Board, and for this we commend him.

38. We agree that the risk can now be adequately managed with a conditional discharge. The opinion of his attending psychiatrist, Dr. Hwang, is that the Mental Health Act would be adequate to admit him to hospital, should he experience a decompensation. With respect to his current living arrangements, there is no expectation that Mr. Tagamile will move out of the family home over the course of the next year.

39. We have taken into consideration the factors at s. 672.54 of the Criminal Code of Canada, 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 in coming to the unanimous finding that a conditional discharge is the necessary and appropriate and least onerous and least restrictive disposition in all of the circumstances. The disposition shall include the following conditions:

o Reporting not less than once every four weeks;

o Notify in writing 24 hours in advance of any change in address or telephone number;

o Advise the hospital, in advance, of any absence from his residence for more than 24 hours;

o To abstain absolutely from the non-medical use of alcohol, drugs or any other intoxicant;

o An amended weapons prohibition to make exception for the use of tools and equipment necessary for his tree planting work.

DATED this 4th day of May 2026, at the City of Toronto, in the Toronto Region.

Ms. M. Labrosse Alternate Chairperson

Office of the Registrar Ontario Review Board