Re Beesham Dhanpaul, 2026 CanLII 56707

Re: Beesham Dhanpaul

ORB File No: 6720

Hearing held on: Wednesday, May 27, 2026

Place of hearing: Centre for Addiction and Mental Health

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

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. R. Wood Hill Dr. G. Nexhipi Ms. A. Israel Ms. K. McMillan

Parties Appearing:

Accused: Beesham Dhanpaul Counsel: Mr. A. Rai

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

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

REASONS FOR DISPOSITION

(Dated June 10, 2026)

1. On March 20, 2015, Beesham Dhanpaul was found not criminally responsible by reason of mental disorder on charges of break and entering (committing), and prowl by night.

2. Mr. Dhanpaul is currently subject to a Disposition of the Ontario Review Board dated May 8, 2025, by which he was ordered to be discharged subject to a number of conditions. The first condition requires Mr. Dhanpaul to "reside at LOFT Community Housing, 901 O'Connor Drive, Toronto".

3. On Wednesday, May 27, the Ontario Review Board convened a hearing at the Centre for Addiction and Mental Health ("CAMH") and conducted the annual review of Mr. Dhanpaul's Disposition.

4. At the outset of the hearing, the Alternate Chair asked Mr. Rai why his client was not in attendance at this hearing. Mr. Rai advised that his client traditionally has found it difficult to attend and has chosen not to attend at his hearing.

5. Mr. Rai assured the panel that his office makes every effort to have their client attend. In a number of cases clients will accept his advice and do attend but Mr. Dhanpaul continues to take the position that it is stressful for him to attend the hearing. The Board considered the matter and did exercise its discretion under s. 672.5(10)(i) and permitted Mr. Dhanpaul to be absent from this hearing.

6. The Alternate Chair suggested to Mr. Rai that if his client did attend next year's annual hearing and if there was any difficulty the client was experiencing, there was no doubt that the Alternate Chair at such a hearing would at that point exercise his or her discretion to permit Mr. Dhanpaul to leave the hearing.

Position of the Parties

7. At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.

8. Dr. Darby appeared for CAMH. He advised of the hospital position that Mr. Dhanpaul remains a significant threat to public safety, and if the Board so finds, the hospital's position is that the least onerous and least restrictive Disposition is for a continuation of a Conditional Discharge with the exact terms set out in last year's Disposition.

9. Mr. Feindel appeared for the Attorney General. He supported the hospital's recommendation.

10. As noted, Mr. Rai appeared for Mr. Dhanpaul. Mr. Rai also supported the hospital's recommendation. Mr. Rai stated that he will not be disputing the issue of significant threat.

Index Offence

11. "In 2015, the appellant, Mr. Beesham Dhanpaul was found not criminally responsible ("NCR") on charges of (i) loitering in the secure vestibule of a University of Toronto student residence, and (ii) smashing a glass door of an apartment and breaking into the home. At the time he was living in a homeless shelter and had discontinued his medication for some time."

Evidence at the Hearing

12. The Board admitted into evidence the Hospital Report dated May 8, 2026. The Hospital Report provides a great deal of information concerning Mr. Dhanpaul, his personal history, his mental health history, details of prior criminal conduct and Mr. Dhanpaul's course in hospital and in the community subsequent to the date of the 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 diagnoses of:

Schizophrenia;

Cannabis Use Disorder – in remission in a controlled setting.

13. In addition to the documentary evidence the Board heard from Dr. Darby. Dr. Darby noted that Mr. Dhanpaul has been residing at the LOFT residence at 901 O'Connor Drive, Toronto, for a number of years. Mr. Dhanpaul's psychotic symptoms are under control. He still has some delusionary thoughts including that he was once shot. A more significant problem is that Mr. Dhanpaul suffers from the negative symptoms of his illness. Mr. Dhanpaul has no interest in attending at any type of group at CAMH. He has no interest in trying to seek work, he has no interest in participating in any volunteering activities. A major factor is that Mr. Dhanpaul suffers from sleep apnea and refuses to utilize a sleep apnea machine.

14. Dr. Darby has a good relationship with Mr. Dhanpaul. Whenever Dr. Darby attends to see Mr. Dhanpaul, Mr. Dhanpaul starts the meeting by announcing his highest scale of 8.2 out of a scale of 10 and on occasion when Dr. Darby attends and if Mr. Dhanpaul has a number less than 8.2, it's usually because of inclement weather. Dr. Darby noted that Mr. Dhanpaul receives a considerable amount of support. First, from the CAMH team; secondly from family members and thirdly, from the staff at the residence. The Board understands that staff is present at this particular LOFT facility 24 hours per day.

15. In Dr. Darby's opinion should Mr. Dhanpaul receive an Absolute Discharge, Mr. Dhanpaul says that he would proceed to buy a house most likely in Edmonton. Dr. Darby simply notes that Mr. Dhanpaul does not have the financial ability for such a purchase. Dr. Darby believes again that should this patient receive an Absolute Discharge he would likely refuse to take medication and thereafter it would be likely that Mr. Dhanpaul would engage in violent conduct. Dr. Darby noted a significant criminal record dating back to Mr. Dhanpaul's early years. As well, there is a history of medication noncompliance and a history of going AWOL from hospital.

16. Dr. Darby stated his opinion that having considered all of the facts he is satisfied that Mr. Dhanpaul's threat to public safety can be managed with a continuation of the Conditional Discharge with the exact terms set out in last year's Disposition.

17. In response to questions from Mr. Feindel, Dr. Darby stated his opinion that Mr. Dhanpaul is marginally capable of making treatment decisions. Dr. Darby is satisfied that this patient can be managed under the Mental Health Act and that accordingly a Detention Order is neither necessary nor appropriate. Mr. Feindel referred the doctor to the contents of page 44 of the Hospital Report. Dr. Darby acknowledged that there is a history of sexual assault and in particular a conviction in 2006 and an earlier conviction again for sexual assault.

18. Dr. Darby did note that Mr. Dhanpaul has been free from cannabis use for a number of years.

19. In response to questions from Mr. Rai, Dr. Darby noted that Mr. Dhanpaul's housing is stable, he has not acted out in a violent manner in a number of years, he is compliant with his medication needs, and finally, he cooperates fully with members of the hospital outpatient team. In addition, Mr. Dhanpaul has not tested positive for substances for a number of years. Dr. Darby agreed that the last positive use for cannabis dates back to 2018 and the last positive result for alcohol occurred in 2022.

20. Dr. Darby repeated, in response to further questions from Mr. Rai, that Mr. Dhanpaul's brother and sister-in-law are a strong support for Mr. Dhanpaul.

21. In response to a question from a Board member, Dr. Darby acknowledged that there was a removal order made in 2005 questioning Mr. Dhanpaul's right to remain in Canada, but Dr. Darby has no further information about that situation.

22. No other evidence was heard at this hearing.

Final Submissions

23. All parties maintained their original positions, namely that Mr. Dhanpaul remains a significant threat to public safety and that the necessary and appropriate Disposition remains a Conditional Discharge with the exact terms set out in last year's Disposition.

Findings of the Board

24. In the Board's opinion, the parties' joint recommendation is well founded.

25. We accept Dr. Darby's evidence that Mr. Dhanpaul remains a significant threat to public safety. We note the serious nature of the index offence. We also note convictions for assaultive and inappropriate conduct.

26. The panel accepts the evidence that Mr. Dhanpaul's threat to public safety can be managed with a Conditional Discharge. We agree that a residence clause is absolutely necessary in this case. We note that a Conditional Discharge with the terms set out in last year's Disposition has been effective to manage Mr. Dhanpaul's threat to public safety for a number of years. In the result, we will direct a continuation of a Conditional Discharge with the exact terms set out in last year's Disposition.

27. Finally, we repeat the Board's opinion that Mr. Dhanpaul should give strong consideration to attending at Board's hearings. We hope he will in fact attend at his future hearings.

DATED this 10^th day of June, 2026, at the City of Toronto, in the Toronto Region.

Mr. J. Goldenberg Alternate Chairperson

Office of the Registrar Ontario Review Board