Re Shukri Abdulkadir, 2026 CanLII 56890

Re: Shukri Abdulkadir

ORB File No: 8931

Hearing held on: Tuesday, May 26, 2026

Place of hearing: Centre for Addiction and Mental Health

Pursuant to: Sections 672.47(1) and 672.48(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: Shukri Abdulkadir Amicus Curiae: Ms. C. Whillier

The person in charge of hospital: Counsel: Ms. S. Rosales-Zelaya

Attorney General of Ontario: Counsel: Mr. D. Brandes

REASONS FOR DISPOSITION

(Dated June 10, 2026)

1. On December 22, 2025, Ms. Shukri Abdulkadir was found unfit to stand trial on a number of charges including assault, assault with choking, obstruct peace officer (x2), fail to comply with release order, fail to attend release order, and assault with weapons (x2). The learned trial judge issued a Warrant of Committal directing Ms. Abdulkadir to be detained at the Centre for Addiction and Mental Health ("CAMH") to await her initial Disposition hearing.

2. On Tuesday, May 26, 2026, the Ontario Review Board convened a hearing at CAMH. Ms. Abdulkadir was in attendance along with her counsel Ms. Whillier.

Position of the Parties

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

4. Ms. Rosales-Zelaya appeared for CAMH. She advised of the hospital position that Ms. Abdulkadir is presently fit to stand trial. The hospital is asking that the Board direct Ms. Abdulkadir to be returned to court. The Alternate Chair noted pursuant to a recent memorandum prepared by the Honorable Mr. Justice Dambrot that since this is an initial hearing the Board does have jurisdiction to make a Keep Fit Order and is asking whether CAMH was requesting the Board do so.

5. Ms. Rosales-Zelaya advised that the hospital was not asking for a Keep Fit Order. Ms. Rosales-Zelaya understands that if we simply direct she be returned to court Ms. Abdulkadir would continue under the Warrant of Committal directing her placement at CAMH.

6. Mr. Brandes appeared for the Attorney General. He wished to hear the evidence but he anticipated supporting the hospital's recommendation.

7. Ms. Whillier accepts that her client is presently fit to stand trial and supports the CAMH's position that the Board does not need to make a Keep Fit Order.

Evidence at Hearing

8. The Board admitted into evidence a number of documents including the Warrant of Committal, synopsis of the outstanding charges, a copy of the original court information and finally, a Hospital Report dated April 29, 2026. 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 Schizoaffective Disorder.

9. We also note the following from the Hospital Report:

"Background

Ms. Abdulkadir was a 38-year-old female of Somalian descent with a history of Schizoaffective Disorder, Bipolar Type. She was separated and had four children, two of whom lived in Somalia, and one of which lived with Ms. Abdulkadir's husband. She was unemployed and financially supported by ODSP. At the time of this report, she was admitted to the Centre for Addiction and Mental Health on the Forensic Assessment and Triage Unit (FATU, Unit 3-5)."

10. In addition to the documentary evidence the Board heard from Dr. Kung. Dr. Kung has been following Ms. Abdulkadir since approximately October of 2025. Dr. Kung advised that she last assessed Ms. Abdulkadir for fitness earlier this morning. Dr. Kung stated her opinion that Ms. Abdulkadir is fit to stand trial. Dr. Kung stated her opinion that Ms. Abdulkadir understands the nature and object of court proceedings. She also understands the possible consequences from the court proceedings. Dr. Kung stated her opinion that Ms. Abdulkadir has a reality-based understanding of the court process and that she does have the ability to communicate meaningfully with counsel.

11. In response to questions from Mr. Brandes, Dr. Kung acknowledged that frequently Ms. Abdulkadir does not cooperate with the doctor and members of the clinical team.

12. Dr. Kung advised that she was able to do a fitness assessment on March 11 of this year and with using a Somalian interpreter during that assessment. Dr. Kung noted that Ms. Abdulkadir was able to answer a majority of the Taylor questions. It is interesting that on the occasion of that assessment Ms. Abdulkadir put it that "she has no need to go to court." Ms. Abdulkadir though, in response to questions from the doctor, acknowledged that the judge at a trial would find her guilty or not guilty. Ms. Abdulkadir also understands that her lawyer is there to "defend me." Ms. Abdulkadir also noted that "it is not acceptable to lie in court." Ms. Abdulkadir was aware of the possible pleas and she was aware of the consequences of a finding of either guilty or not guilty.

13. Dr. Kung noted that since the hearing on March 11, Ms. Abdulkadir refuses to cooperate in any further formal fitness assessment.

14. Dr. Kung describes Ms. Abdulkadir's mental status as "stable." After weeks of instability, Ms. Abdulkadir has settled down, and she is organized with respect to hospital routines. Ms. Abdulkadir, however, does not cooperate in any further fitness assessments by the doctor or by any member of the clinical team. In Dr. Kung's opinion, Ms. Abdulkadir remains fit to stand trial based on the March 11 examination and on Ms. Abdulkadir's stability since that date. Interestingly, Ms. Abdulkadir disputes that she had engaged in any criminal conduct. Dr. Kung noted that Ms. Abdulkadir did not wish to attend at today's hearing but nevertheless she did appear and clearly was accepting advice from her counsel.

15. In response to a question from Ms. Whillier, Dr. Kung acknowledged that in December of last year Ms. Abdulkadir stated she did not know the charges. Currently, Ms. Abdulkadir states that she does know the charges but does not agree that she committed those offences.

16. Again, in response to questions from Ms. Whillier, Dr. Kung agreed that Ms. Abdulkadir is much more settled as compared to her early months in hospital.

17. In response to a question from a panel member, Dr. Kung advised that she has been Ms. Abdulkadir's most responsible physician since Ms. Abdulkadir's arrival at CAMH on October 7, 2025.

18. No other evidence was heard at this hearing.

Final Submissions

19. Ms. Rosales-Zelaya asked the panel to accept Dr. Kung's evidence. The hospital is not asking the Board to make a Keep Fit Order based on the hospital's understanding that Ms. Abdulkadir will remain in CAMH pursuant to the Warrant of Committal. If the Board accepts Ms. Abdulkadir is fit, she will be returned to court for a fitness hearing and the court would have the ability to make a Keep Fit Order if the judge felt such a term was necessary.

20. Mr. Brandes agreed with the hospital's position. Mr. Brandes confirmed that the court would be sensitive to Ms. Abdulkadir's needs and does have a duty to accommodate any special needs. It is clear to this panel that a Somalian interpreter is absolutely necessary.

21. Ms. Whillier agrees with the hospital's position, namely that her client is fit to stand trial and that there is no need for the Board to make a Keep Fit Order.

Findings of the Board

22. The Board accepts the evidence of Dr. Kung and the evidence contained in the Hospital Report. It is unfortunate that Ms. Abdulkadir refuses to engage in a more formal fitness assessment, but we have no hesitation in accepting Dr. Kung's evidence and the accuracy of Dr. Kung's conclusion from that March assessment. We simply note the following from paragraph 6 of the Decision from the Supreme Court of Canada in R. v. Bharwani, 2025 SCC 26:

"... an accused is fit to stand trial when they are able to make and communicate reality-based decisions in the conduct of their defence or instruct counsel to do so. Conducting a defence includes making decisions that an accused must always make personally and those which relate to the exercise of their right to full answer and defence, such as decisions about pleas, the mode of trial, selection of counsel, whether to testify, whether to call or cross-examine witnesses, and closing submissions, among others."

23. The panel has had the benefit of seeing Ms. Abdulkadir throughout this hearing and seeing her ability to deal with her counsel throughout this hearing.

24. We make one other comment. On one occasion Ms. Abdulkadir asked the Alternate Chair whether he was "a judge." On other occasions and using the English language, she advised that "she just wants to go home."

25. The Board accepts the position of all counsel that a "Keep Fit Order" is not necessary. Accordingly, we direct that Ms. Abdulkadir be returned to court for a fitness hearing by the court.

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

Mr. J. Goldenberg Alternate Chairperson

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Office of the Registrar Ontario Review Board