Re Kola Ogunkoya, 2026 CanLII 53906

Re: Kola Ogunkoya

ORB File No: 8249

Hearing held on: Friday, April 24, 2026

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Mr. M.D. Segal

Members: Dr. T. Verny Dr. M. Green Ms. A. Israel Ms. K. McMillan

Parties Appearing:

Accused: Kola Ogunkoya Counsel: Ms. S. Feldman

The person in charge of hospital: Representative: Dr. P. Darby

Attorney General of Ontario: Counsel: Mr. M. Rieger

REASONS FOR DISPOSITION

(Dated June 3, 2026)

Introduction

1. Kola Ogunkoya, age 46, was on February 24, 2023, found not criminally responsible on account of mental disorder on charges of assault with a weapon, mischief under, assault police officer (x2), utter threat, and theft of mail, all contrary to the Criminal Code.

2. Mr. Ogunkoya, who is subject to a conditional discharge, appeared before the Ontario Review Board (the “Board”) from the Centre for Addiction and Mental Health (the “hospital”) for his annual hearing on April 24, 2026.

3. In preliminary positions the hospital joined by the patient, advanced an absolute discharge because Mr. Ogunkoya no longer represented a significant threat to the safety of the public. Crown counsel deferred until the evidence was heard. By the conclusion of the hearing, Crown counsel agreed with the hospital’s position. The Board concluded that Mr. Ogunkoya no longer represented a significant threat therefore resulting in an absolute discharge.

4. The Board had before it as Exhibit 1 a Hospital Report dated April 3, 2026.

Index Offence

5. The facts surrounding the index offences are summarized in the Hospital Report as follows:

“On May 4, 2020, officers responded to a Radio Call for an Assault in Progress at Shuter Street and Seaton Street. Mr. Ogunkoya had allegedly been observed by Mr. Orr, stealing mail from the victim’s mailbox. Mr. Orr dressed and went downstairs to confront Mr. Ogunkoya. As Mr. Orr stepped out of his residence, he was met by Mr. Ogunkoya, who was armed with a large rock.

Mr. Ogunkoya allegedly threw the rock at the victim and then proceeded to throw series of punches. Mr. Orr managed to fend off the attack long enough for the first police officer to arrive on scene. Mr. Orr suffered cuts and scratches to both wrists as a result. Police Constable McMurray arrived on scene as the victim was being attacked by the accused and sounded several long blasts of her horn in hopes of breaking up the fight.

Mr. Ogunkoya immediately turned his focus to the officer and approached her while armed with a large rock. He allegedly threw the rock numerous times at the police vehicle, shattering the rear window, all windows on the passenger side, as well as the front windshield. Officer McMurray deployed her conductive energy weapon two times, however Mr. Ogunkoya was not affected by the probes. He allegedly continued the assault on the officer as she circled her scout car trying to create distance until assistance could arrive.

As officer McMurray approached the rear driver’s side of her vehicle, Mr. Ogunkoya allegedly violently threw a large rock directly at the officer trying to strike her. The rock deflected off the rear quarter panel and was once again collected by Mr. Ogunkoya. The officer moved toward the front of the vehicle as Mr. Ogunkoya continued to advance on her. The officer backed up and drew her firearm as Mr. Ogunkoya approached her with rock in hand. Just as additional units began to arrive, Mr. Ogunkoya allegedly threw the rock at the officer narrowly missing her once again.

Arriving officers were able to take Mr. Ogunkoya into custody without further incident. He was found to be in possession of several articles of mail that he had taken from other residences prior to being apprehended. He was paraded before Sgt BOLTYANSKY. During the course of the parade, he allegedly threatened Sargent Boltyansky by saying,

“I am gonna fucking kill ya just for wearing that uniform.” The accused had clearly demonstrated his aggression toward uniformed officers and was subsequently charged with Uttering Threats”.”

Background

6. Mr. Ogunkoya was born and raised in Nigeria. He received a Bachelor of Law degree there. In 2002, he moved to Canada. He speaks regularly to his family in Nigeria but otherwise has no other contacts with family or friends.

7. In Canada Mr. Ogunkoya obtained work through temporary agencies. He eventually ran into difficulties finding work. He then was supported by ODSP.

8. Mr. Ogunkoya has no criminal convictions. Prior to the index offences there were a number of incidents involving violence toward members of the public. There were no concerns regarding substance abuse.

9. Mr. Ogunkoya’s first encounter with mental health professionals was in 2013 when he was sent to CAMH for a court-ordered fitness assessment. After being found unfit he was admitted on a treatment order. He was treated, and although delusional, was deemed fit to stand trial. In June of 2019, he caused a disturbance in a shelter by threatening staff and setting fires. He was taken to CAMH in a psychotic state. He was discharged back into the community.

10. He was admitted to CAMH pursuant to a treatment order in May 2020. In September 2020, he was found unfit to stand trial and detained in a general forensic unit. In August 2022, he was found fit. He remained at CAMH until his NCR finding on February 24, 2023.

Evidence at Hearing

11. Dr. P. Darby, the patient’s outpatient psychiatrist since September 2024 when Mr. Ogunkoya was placed in the community, testified. Ms. Stedman, Mr. Ogunkoya's case manager, was also in attendance at the Board hearing.

12. Dr. Darby described Mr. Ogunkoya’s good year. Mr. Ogunkoya resides at SHIP housing in Brampton. Mr. Ogunkoya has been compliant with his medication. He has been taking cognitive behavioural therapy. The patient’s insight has improved. Mr. Ogunkoya no longer has resentment regarding others. There are no substance abuse or concerns in that respect.

13. Dr. Darby and the team gave a lot of thought to whether he should remain on a conditional discharge but ultimately decided, supported by hospital management, that an absolute discharge was appropriate.

14. Mr. Ogunkoya now recognizes that he has been suffering from a mental illness for a long time. He appreciates that his illness and taking medication is a lifelong proposition.

15. Mr. Ogunkoya can be quite high functioning.

16. Dr. Darby explained that community resources in Brampton are difficult to access. Because of systemic challenges to arranging a community provider in advance of an absolute discharge, the hospital has agreed to follow Mr. Ogunkoya for as long as it takes prior to a transfer to a community provider happening.

17. Mr. Ogunkoya would agree to come into hospital if he started to become unwell, according to the doctor. Mr. Ogunkoya receives assistance from both CAMH and SHIP.

18. Mr. Ogunkoya understands that medication has helped him and makes him feel better.

Analysis

19. The Board was presented with a joint submission. The Board accepts Dr. Darby’s evidence that Mr. Ogunkoya no longer represents a significant threat to the safety of the public. Mr. Ogunkoya has been at SHIP, a 24-hour supervised accommodation. He benefits from the supports at SHIP and the weekly check-ins by Dr. Darby and Ms. Stedman. His housing at SHIP is stable and he can stay as long as he wishes. Mr. Ogunkoya is comfortable there. He is medication compliant. Mr. Ogunkoya’s insight has shown improvement since being at SHIP. There have been no incidents of aggression or violence in some years. In all the circumstances significant threat is no longer present. An absolute discharge is ordered. We wish Mr. Ogunkoya well as he takes next steps.

DATED this 3^rd^ day of June, 2026, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal Alternate Chairperson

Office of the Registrar Ontario Review Board